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HomeMy WebLinkAboutContract 32515 CITY SECRETARY�� �, CONTRACT NO. " ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT ("Assignment") is executed to be effective as of the 18''day of October, 2005, and is by and between the City of Fort Worth("Owner"), William E. Payne& Associates, Inc. ("Assignor"), and Joe R. Jones Construction, Inc. ("Assignee"). RECITALS: A. Assignor and Owner entered into that certain Standard Form Design-Build Agreement Between Owner and Design-Builder On Open Book Price Basis, dated effective August 31, 2004, authorized by Fort Worth City Council on July 27, 2004, M&C C-20866, City Secretary Contract No. 30504 (the "Standard Form") which Standard Form was amended by that certain Amendment No. 1, dated April 265 2005, and Amendment No. 2, authorized by Fort Worth City Council on July 26, 20055 M&C C-20866 (Amendment No. 1 and Amendment No. 2 being collectively referred to herein as the "Amendments", and the Standard Form and the Amendments being collectively referred to herein as the "Contract"). Capitalized terms used herein which are also used in the Contract shall have the respective meanings ascribed to same in the Contract. B. The Contract obligates Assignor to (i) provide architectural and engineering services (collectively, the "Design Component"), and (ii) furnish construction and administration of the Construction Work (collectively, the "Construction Component"). C. Assignor desires to assign its rights and delegate its duties and obligations to Assignee, insofar as such rights and obligations relate to the Construction Component, and Assignee desires to accept such assignment of rights and delegation of duties and obligations and further desires to assume such duties and obligations. D. Owner desires to evidence consent to the terms of this Assignment, and further agrees to amend the Contract as specifically provided hereinbelow; and Assignee would not enter into this Assignment but for the Owner's joinder hereto. AGREEMENT: NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Owner, Assignor, and Assignee hereby agree as follows: 1. Assignor's Representations. Assignor represents to Assignee the following: a. No Conflict. The execution and delivery of this Assignment will not conflict with, or with or without notice or the passage of time, DESIGN-BUILD ASSIGNMENT 05 Page age 1 1 of 6 a til � or both, result in a breach or violation of, any of the terms and provisions of, or constitute a default under, any indenture, mortgage, loan agreement, or instrument to which Assignor is a party or by which Assignor is bound, or any applicable law, rule, regulation, ordinance, or code, or any judgment, order, or decree of any court having jurisdiction over Assignor. b. Authority. Assignor has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein,and to carry out Assignor's obligations hereunder. C. No Defaults. There are no defaults by either Owner or Assignor under the Contract, nor have any events occurred which, with notice or the passage of time, or both, would constitute a default under the Contract. d. No Amendments. Other than the Amendments, there are no other amendments to the Contract, nor are there any change orders issued thereunder or pursuant thereto. e. Contract Documents. There are no Contract Documents other than those listed in paragraph 1.4.2 of the Contract. f. Third Party Contractors. There are no Subcontractors; nor are there any Design Consultants whose contracts provide for the performance of any labor or the provision of any materials in furtherance of the obligations under the Construction Component of the Contract. g. Design Services. Assignor has performed all of its obligations under paragraphs 2.1,2.2, and 2.3 of the Contract. h. Change in Laws. Assignor has no knowledge of any changes in codes, laws, or regulations after the date of the Contract which would affect (i) the performance of the Construction Work, (ii) the Contract Price, or(iii) the Contract Time. i. Commencement of Construction. Construction has not commenced under the Contract, and no notice to proceed has been issued by the Owner. j. Hazardous Materials. No Hazardous Materials exist at, on, under, or about the Project or the Project site; and Assignor has no actual knowledge that any Hazardous Materials are emanating, migrating, or being released from the Project site. Assignor has no actual knowledge that any Hazardous Materials have ever existed at, on, under, or about, or have ever emanated, migrated, or been released from,the Project or the Project site. DESIGN-BUILD ASSIGNMENT 10/14/05 Page 2 of 6 fib 2 101TARY k. Payment. Assignor has received $85,600.00 in payments from Owner; and, as of the date of this Assignment, Assignor is entitled to receive a total of $9,900.00 in additional payments for the performance of its duties and obligations related to the Design Component of the Contract. 2. Assignee's Representations. Assignee represents to Assignor the following: a. No Conflict. The execution and delivery of this Assignment will not conflict with, or with or without notice or the passage of time, or both,result in a breach of, any of the terms and provisions of, or constitute a default under, any indenture, mortgage, loan agreement, or instrument to which Assignee is a party or by which Assignee is bound. b. Authority. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 3. Assignment. Assignor assigns, transfers, and delivers to Assignee all of its rights in, to, and under the Contract, insofar as such rights relate to the Construction Component of the Contract. Assignor delegates to Assignee its duties and obligations in, to, and under the Contract, insofar as such duties and obligations relate to the Construction Component of the Contract. Assignor retains its rights and acknowledges its continuing duties and obligations under the Contract insofar as such rights, duties, and obligations relate to the Design Component of the Contract. Assignor and Assignee stipulate and agree that (i) any rights, duties, and obligations under the Contract which do not relate to the Construction Component thereof shall be deemed to relate to the Design Component thereof, and (ii) the determination of whether a right, duty, or obligation relates to the Construction Component of the Contract shall be made by Assignee in the exercise of its reasonable business judgment. 4. Assumption. Assignee accepts the assignment of rights and delegation of duties and obligations under the Contract, insofar as such rights, duties, and obligations relate to the Construction Component thereof; and Assignee assumes the duties and obligations of Assignor under the Contract insofar as such duties and obligations relate to the Construction Component thereof. Assignee agrees to be bound by the terms and provisions of the Contract, insofar as such terms and provisions relate to the Contract's Construction Component. 5. Indemnity. ASSIGNOR SHALL INDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS ASSIGNEE AND ITS AFFILIATED OR ASSOCIATED ENTITIES, SURETIES, GUARANTORS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, DESIGN-BUILD ASSIGNMENT 10/14/05 Page 3 of 6 3 TU `1H, HAL ELECTED OR APPOINTED OFFICIALS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "INDEMNITEES") FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, JUDGMENTS, SETTLEMENTS, AND LIABILITIES (INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO PERSONAL INJURY, BODILY INJURY, OR PROPERTY DAMAGE), DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR RELATED TO (A) THE EXISTENCE OF THIS ASSIGNMENT (BUT NOT THE SUBSTANTIVE PROVISIONS HEREOF EXCEPT AS EXPRESSLY PROVIDED HEREIN) AND THE FACT THAT ASSIGNOR'S RIGHTS, DUTIES, AND OBLIGATIONS RELATING TO THE CONSTRUCTION COMPONENT OF THE CONTRACT WERE ASSIGNED AND DELEGATED TO ASSIGNEE, (B) THE DESIGN COMPONENT OF THE CONTRACT (INCLUDING WITHOUT LIMITATION ASSIGNOR'S BREACH OR DEFAULT OF ANY DUTY OR OBLIGATION RELATED TO THE DESIGN COMPONENT OF THE CONTRACT), (C) ANY CLAIM BROUGHT OR MADE AGAINST ASSIGNEE UNDER PARAGRAPH 8.1 OF THE CONTRACT INSOFAR AS SAME RELATES TO THE DESIGN COMPONENT THEREOF, AND (D) ANY DEFECT IN THE DESIGN OF THE PROJECT. THE INDEMNIFICATION, DEFENSE, PROTEC- TION, AND HOLD HARMLESS OBLIGATION SET FORTH ABOVE SHALL APPLY TO ALL SUCH CLAIMS, DAMAGES, JUDGMENTS, CAUSES OF ACTION, SETTLEMENTS, AND LIABILITIES EVEN TO THE EXTENT ANY OF SAME ARE CAUSED IN WHOLE OR IN PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE OR ARISE OUT OF THEORIES OF RECOVERY IMPOSING STRICT LIABILITY FOR ANY INDEMNITEE. 6. Work Product. Assignor grants to Assignee an irrevocable license to use the Work Product in connection with Assignee's exercise of its rights and performance of its duties and obligations related to the Construction Component of the Contract. 7. No Interference. Throughout the performance of the Construction Work, Assignor shall use its reasonable business efforts to cooperate with Assignee to assure that the Construction Work is timely and efficiently performed. Assignor shall take no actions which will result in delay of, or interference with, Assignee's performance of the Construction Work. Assignor shall provide Assignee, as quickly as practicable under the circumstances, with copies of all notices or other written communications DESIGN-BUILD ASSIGNMENT 10114105 Page 4 of 6 received by Assignor relating to the Construction Component of the Contract. 8. Amendment of Contract. Assignor, Assignee, and Owner agree that, for the purposes of the Contract and following the date of this Assignment, the term "Design-Builder" shall mean William E. Payne & Associates, Inc., or its permitted assignee, Joe R. Jones Construction, Inc., as applicable following the execution of this Assignment. To the extent of a conflict between the terms of this Assignment and the terms of the Contract, the terms of this Assignment shall control; and Assignor, Assignee, and Owner agree that the Contract is deemed amended to the extent necessary to conform the Contract so that there is no conflict between its terms and the terms of this Assignment. 9. Survival. The provisions of this Assignment shall survive the delivery hereof and shall operate as a continuing agreement between Assignor, Assignee, and Owner. The provisions of this Assignment shall survive the termination of the Contract. 10. Counterparts. This Assignment may be executed by facsimile or otherwise in multiple counterparts, each of which shall be deemed an original to the same effect as if all parties hereto had executed the same instrument and all of which shall together constitute one and the same instrument. 11. Entire Agreement. This Assignment is the entire agreement between the parties regarding the subject matter hereof. 12. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of Texas. 13. Ratification. Assignor and Owner ratify, adopt, and confirm the Contract as to all of its terms and provisions and as specifically amended herein. Assignee ratifies and adopts the Contract as to its Construction Component only. 14. Consent. Owner, by and through Marc Ott, its duly authorized Assistant City Manager, consents to the terms of this Assignment. Owner's obligation to make payments to Assignee under the Contract shall be governed by the Contract. In the event this Assignment is the subject matter of any litigation in a court of competent jurisdiction, Owner will not withhold payment to Assignee for work properly performed, but such payment shall not constitute acceptance of any portion of the Construction Work, it being Owner's intent that acceptance of any portion of the Construction Work shall be in accordance with the Contract. DESIGN-BUILD ASSIGNMENT 10/14/05 Page 5 of 6 OFFICIA RICO 5 C11Y 4ECRITARY IT, ok"YN, TEN. IN WITNESS WHEREOF, the }parties have executed this Assignment as of the date first above written. ASSIGNOR: ASSIGNEE: WILLIAM E. PAYNE & IOCIATES,INC. JOE R.JONES CONSTRUCTION,INC. By: Dame: ' . a S i I��V'"C" By. Title: Name: Title: OWNER: CITY OF FORT ORTH: By: Date: '0 Marc Ott Assistant City Manager APPROVl. AS TO FORM LEGALITY: Amy J. Assistant ity Attorney ATTEST fv"\ a-A� _(�" Marty Hendrix,tity Secretary CAPANONES FILMO/NFS--}WIIILLLfIAM E.PAYNEIDESIGN BUILD ASSIGNMENT-10.14-05-FINAL DRA£T.DOC Contract ,authorization ![�-! 0`� Date DESIGN-BUILD ASSIGNMENT 10/14/05 Page 6 of OFFICIA1 ROD 6 City JVC-Iffikly fl. ".0"01 HI 1E,,L City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/18/2005 DATE: Tuesday, October 18, 2005 LOG NAME: 20SPINKSATCT2 REFERENCE NO.: C-21097 SUBJECT: Authorize Consent to Assignment of Design-Build Contract by William E. Payne and Associates, Inc., to Joe R. Jones Construction, Inc., City Secretary Contract No. 30504, as Previously Amended, for the Construction of an Air Traffic Control Tower at Spinks Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a consent to the assignment of the Design-Build Contract by William E. Payne and Associates (WEP&A), Incorporated to Joe R. Jones Construction, Inc., for the construction of an air traffic control tower at Fort Worth Spinks Airport. DISCUSSION: On July 27, 2004, (M&C C-20168) the City Council authorized the City Manager to execute a design-build contract with William E. Payne and Associates (WEP&A), Incorporated for $1,119,250.00 for the design and construction of an air traffic control tower at Fort Worth Spinks Airport. As part of WEP&A's original proposal, the construction firm for the project was to be Joe R. Jones Construction, Inc. On July 26, 2005, (M&C C-20866) the City Council authorized the City Manager to adopt appropriation ordinances and authorize an amendment to the design-build contract with WEP&A, Inc., to construct the air traffic control tower at Fort Worth Spinks Airport for $1,395,940.32. WEP&A, Inc., an engineering firm, cannot obtain a performance bond for the construction of this project and has officially requested the assignment of the Design-Build contract to Joe R. Jones Construction, WEP&A, Inc., will remain responsible for the design under its professional liability insurance. Joe R. Jones Construction has officially accepted to be the assignee and will assume the construction contract. The design phase of the contract cost is $95,500, and the construction phase of the contract cost is $1,300,440.32; totaling $1,395,940.32. The mutually agreed upon Guaranteed Maximum Price (GMP) for the total Design-Build contract is $1,395,940.32; the same amount as authorized on July 26, 2005 (M&C C- 20866). Current available funding is $1,605,509.32, of which $1,375,000.00 is funded by TxDOT and $230,509.32 is funded by a City match. WEP&A, Inc., is in compliance with the City's M/WBE Ordinance by committing to 12% M/WBE participation for design and Joe R. Jones Construction, Inc., is in compliance by committing to 24% for construction. The City's M/WBE goal for this project is 12% for design and 24% for construction. Fort Worth Spinks Airport is physically located in COUNCIL DISTRICT 8, but serves all Fort Worth residents. Logname: 20SPINKSATCT2 Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action requires no additional expenditure of City Fund. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Dalton Murayama (8088) Logname: 20SPINKSATCT2 Page 2 of 2 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Air Traffic Control Tower at Spinks Airportand City of Fort Worth Project No. GR14-055302859010. CONTRACTOR: JOE R. JONES CONS,RUCTION, INC. V By: Name: J J. fYA1NDOyXJONES Title: PRESIDE6T Date: 10-24-05 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared J. RANDOLPH JONES known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of PRESIDENT OF JOE R. JONES CONSTRUCTION, INC. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 24 day of OCTOBER 20 O5 == Notary Public in and for the State of LoWANDA CLARK Texas NOTARY PUBLIC + STATE OF TFXAS ray Commission Expires 09-10-2007 ACORDM CERTIFICATE OF LIABILITY INSURANCE 10/25/20o PRODUCER (817)457-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1121 E. Loop 820 South HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 8720 Fort Worth, TX 76124-0720 INSURERS AFFORDING COVERAGE NAIC# INSURED Joe R. Jones Construction, Inc. INSURERA: Travelers Lloyds Insurance Co P.O. Box 873 INSURERB: Travelers Indemnity Co of America Weatherford, TX 76086 INSURERC: Travelers Indemnity Co of Connecticut INSURER D: Travelers Casualty & Surety Co INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR KN r LIMITS GENERAL LIABILITY CO-343D7326 05/15/2005 05/15/2006 EACH OCCURRENCE $ 1,000,00( IX :B:r]oad COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00( CLAIMS MADE T OCCUR MED EXP(Any one person) $ 5,00( A Form COV PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICYX PRO- ECT LOC J AUTOMOBILE LIABILITY CAP-492D8660 05/15/2005 05/15/2006 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,00 X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) B X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY CUP-343D7338 05/15/2005 05/15/2006 EACH OCCURRENCE $ 4,000,000 X OCCUR ❑ CLAIMS MADE UMBRELLA AGGREGATE $ 4,000,000 C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND UB-492D8531 05/15/2005 05/15/2006 X I WC STATU-TORY LIMITS OTH- EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS IR TRAFFIC CONTROL TOWER AT SPINKS AIRPORT PROJ #GR14-055302859010. OWNER, ITS OFFICERS, EMPLOYEES & SERVANTS NAMED ALDN INSURED EXCEPT ON WORKERS COMP WITH GENL LIAB BEING PRIMARY & NON-CONTRIBUTORY, ITH WAIVER OF SUBROGATION ON WORKERS COMP AS REQUIRED BY WRITTEN CONTRACT. 30 DAY CANC NOTICE AMENDED 0 10 DAY FOR NON-PAY OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL*)6VcX ' X MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF FORT WORTH K KKmtotdp(XsYxxxNomxxxK46xKXXNKLX(W EUXXX1>SI LUXXX 1000 THROCKMORTON ST mxmxclMXXKK*kX"X")txXmkx)6Yxm1fmxxA6xxxxXXXXXXX FT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 IQ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) ACORD,� CERTIFICATE OF PROPERTY INSURANCE 10/25/22005 PRODUCER (817)457-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1121 E. L00 820 South HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Loop ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 8720 COMPANIES AFFORDING COVERAGE Fort Worth, TX 76124-0720 COMPANY Travelers Lloyds Ins Co Attn James Sweeney Ext A ............ ._.._____............. . INSURED COMPANY Joe R. Jones Construction, Inc. B & Their Subcontractors and Sub-Subcontractors & Greater Southwest Constructors, Inc. COMPANY C P 0 Box 873 Weatherford, Tx 76086 COMPANY D COVE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) PROPERTY BUILDING $ CAUSES OF LOSS PERSONAL PROPERTY $ BASIC BUSINESS INCOME $ BROAD EXTRA EXPENSE $ SPECIAL BLANKET BUILDING $ EARTHQUAKE BLANKET PERS PROP $ FLOOD BLANKET BLDG&PP $ INLAND MARINE $ TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS $ OTHER $ CRIME $ TYPE OF POLICY $ $ BOILER&MACHINERY $ X OTHER QT-660-414X9320-TLC-05 05/31/2005 05/31/2006 '*Per Proj Site 3,000,00 A Builders Risk Policy Cas or Disaster Deductible 1,00 LOCATION OF PREMISES/DESCRIPTION OF PRPERTY emporary Storage Limit - 100,000.00 Transit Limit - $100,000.00 °LIMIT PER JOB SITE IS LIMITED TO $500,000.00 FOR FRAME, BRICK VENEER AND JOISTED MASONRY CONSTRUCTION SPECIAL CONDITIONS/OTHER COVERAGES IR TRAFFIC CONTROL TOWER AT SPINKS AIRPORT PRO] #GR14-055302859010. NO COVERAGE FOR FLOOD OR EARTHQUAKE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL*)UX)6&)6 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF FORT WORTH 1ffX1( XiX12(XnYA6�) ?Q�()��iYcfJfiXiXa1CASQfIKl�f9(XX 1000 THROCKMORTON d��(Dkk�kXd61bXXd��1AtaFXXtI�l���fD(> €1(> fXrT�(XXXXXXXX FT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE ACORD 24(1195) - CO OOORATION 199 Bond No. PR-F7576170 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Joe R. Jones Construction, Inc. - , as Principal herein, and (2) Colonial American Casualty & Surety Company , a corporation organized under the laws of the State of(3) Maryland , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of One Million, Three Hundred Thousand, Four Hundred Forty Dollars and Thirty Two Cents Dollars ( $ 1,300,440.32 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 18th day of October , 2005, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of AIR TRAFFIC CONTROL TOWER AT SPINKS AIRPORT Project No. GR14-055302859010. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void, otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 18th day of October , 2005. JOE R. JONES CO T UCTI IN PRINCIPAL ATTEST: , By: v v Name: J. R DOLP JONES (Princ' al) Secretary Title: PRESIDEN (S E A L) Address: 1 756 RANGER HWY. WEATHERFORD, TX 76086 Witness as to Principal COLONIAL AMERICAN CASUALTY & SURETY COMPANY SURETY ATTEST: By: Name: Charles D. Sweeney Secretary Attorney in Fact (S EA L) Address: 12222 Merit Drive, Suite 700 Dallas, Texas 75251 w Widhess as id Surety Jennifer R. Borock Telephone Number: 214-866-1000 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. 0 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 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 at: P.O. Box 149104 Austin, Texas 78714-9104 Fax # (512) 475-1771 PREMIUM OR CLAIM DISPUTES The address of the surety company making this bond to which any notice of claim should be sent may be obtained by calling the Texas Department of Insurance at the above number. 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 BOND This notice is for information only and does not become a part or condition of the attached document. This notice is given to comply with Section 2253.048, Texas Government Code and Section 53.202, Texas Property Code effective September 1, 2001. Bond No. PRF7576170 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Joe R. Jones Construction. Inc. . , as Principal herein, and (2) Colonial American Casualty & Surety Company , a corporation organized and existing under the laws of the State of(3) Maryland , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Million, Three Hundred ThousandFour Hundred Forty Dollars and Thirty Two Cents Dollars ( $ 1,300,440.32 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 18"' day of October , 2005, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: AIR TRAFFIC CONTROL TOWER AT SPINKS AIRPORT Project No. GR14-055302859010. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to 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, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 18th day of October , 2005. JOE R. JONES CON RUCTION, INC. PRINCIPAL A-17EST: By: Cwc� ��r-✓� Name: J. RA OLPH NES (Prin 'pal) Secretary Title: PRE DENT (S E A L) Address: 1 756 RANGER HWY. WEATHERFORD, TX 76088 Witness as to Principal COLONIAL AMERICAN CASUALTY & SURETY COMPANY SURETYm ATTEST: By: '�' ! �G�•.�iL,/ Name: Charles D. Sweeney Secretary Attomey in Fact (S E A L) Address: 12222 Merit Drive, Suite 700 Dallas, Texas 75251 Witness as to `urety Jennifer R. Borock Telephone Number. 214-866-1000 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the Sp+t,(a aryl and. by PAUL C. ROGERS. Vice President.and T. E. SMITH. Assistant Secretary, in pursuance of udtpttttt y Article VI,Section 2. � '~' iied to be in full force ol'the By-Laws of said Companies. which are set forth on the reverse 4iE1e ?�vct��l'•�AFe'Tieref�y: and effect on the date hereof.does hereby nominate,constittttngi` i@i�ti�arlei; 5�1'� �';�Bobby E. MAYO, Kyle W.SWEENEY and Michael A. SWEENtll;(Fj �t�lRbh, �p�>';,1 �if'strue and lawful a,ent and Attorney-in-Fact, to make,execute. sea(_3 'LTrjli*Y r� Tbr'T d s t��a��5 Atirot'y, and as its act and deed: any and all bonds and undertakings,FT\ x'L, 'I/ 4�tt'bel of �d�t Executors,Community Survivors and Community Guar sc, i,NhcutitanE3fsi� 1 or undertakings in pursuance of these presents, shall he as binding /in upon said Companies!fully..;t��4'��i`V caa�I&cnts and purposes, as if they had been duly executed and acknowledged by the regularly elected c4f(ats lrxIhti-C�Smpany at its office in Baltimore. Md., in their own proper persons. This power of �j�.. attorney revokes thatlj�E4on behalf of Charles D. SWEENEY, Bobby E. MAYO, Kyle W. SWEENEY. dated April 28, 2003. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI. Section 2,of the By-Laws of said Companies.and is now in force. IN WITNESS WHEREOF, the said Vicc-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 19th day of September. A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 4bell�l By: T. E. Smith Assistant Secretar), Paid C. Rogers Vice President State of Maryland SS: City of Baltimore On this 19th day of September, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified, came PAUL C. ROGERS. Vice President. and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to he the individuals and officers described in and who executed the preceding instrument. and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himsell'deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies,and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Deunis R. Huvden Nntury Public My Commission Expires: February I, 2009 POA-F 168-2682 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee. shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf'of the Company any bonds, undertaking, recognizances, stipulations. policies, contracts, agreements, deeds, and releases and assignments of,judgements. decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article Vl, Section 2. The Chairman of the Board,or the President, or any Executive Vice-President, or any of the Scnior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances. stipulations, policies, contracts. agreements, deeds. and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution ol'the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May. 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF.I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this 18th da �f October 2005 Y Assisfant Secrefw-v