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HomeMy WebLinkAboutContract 46519 CITY SECRETAWL 00 52 43-1 CWRACT I�O. reement Pagel of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on�q �,,�g,�15is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and hrough its duly authorized City Manager, 5 ("City"), and R.D. Howard LLC, authorized to do business in Texas, acting by and through its 6 duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 16 Asphalt Paving and Striping Services Campus 17 2014-BAC 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 Work will be complete for Final Acceptance within 60 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay m 33 City Six Hundred Fifty and 11/100 Dollars ($650.00) for each day that expires after the rrn 34 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 35 of Acceptance. rn u 00 OFFICIAL RECORD r CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH Asphalt Paving and Striping Services STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014-BAC Revised August 17,2012 005243-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Forty-Nine Thousand Five-Hundred Two and 39 00/100Dollars($49,502.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued,become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Asphalt Paving and Striping Services STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014-BAC Revised August 17,2012 005243-3 Agreement Page 3 of 4 75 Article 6.INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees,from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92rp ovision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7.MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas,Fort Worth Division. ,9&4—Q 8/"/", CITY OF FORT WORTH Asphalt Paving and Striping Services STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014-BAC Revised August 17,2012 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties("Effective Date'). 128 Contractor: City of Fort Worth n. tea/ LLc4 �_ By: Fernando Costa B Assistant City Manager (Si at e) O R r G Date 0 r Attest: (Printed Name) City S re ry g _ (Seal) r `�o 09 yo��C 000000 Title: Address: 386,3 fou 9 e� M&C Date: City/State/Zip: F,f�-/� K Z(e�(Q Approved as to Form and Legality: 031/5ILIA a Date Doug as W.Black Assistant City Attorney 129 130 131 APPROVAL RECOMMENDED: 132 133 134 135 'U`� Jesus Chapa 136 Director 137 Housing& Economic Development 138 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH As STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014-BAC Revised August 17,2012 REQUESTS FOR QUOTATIONS Housing and Economic Development(BAC) 1150 South Freeway, Suite 115 Fort Worth, Texas 76104 Phone: 817-212-2669 Fax: 817-871-6031 RFQ NO: 2014-BAC CLOSING DATE FRIDAY,JANUARY 16, 2015 COMMODITY: Asphalt Paving and Striping Services REQUESTOR: KAMEISHA SHELTON, OFFICE PHONE: 817-212-2669 E-MAIL: KAMEISHA.SHELTON FORTWORTHTEXAS.GOV INSTRUCTIONS TO BIDDERS Quotes are solicited for furnishing the merchandise, supplies, services and/or equipment set forth. Completed Quote must be received by the above quote deadline. Quotes must be faxed to 817-332- 6465, addressed to the above requestor. Late quotes will not be considered for award unless bidders are notified otherwise. Quotes may be withdrawn at any time prior to the official opening by written notification. Quotes may not be altered, amended or withdrawn after the official opening. ❑ Your quote must be submitted on this form. ❑ Freight and all other delivery charges shall be included in the unit price(s) bid. ❑ The City of Fort Worth is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in the quote price. Items quoted must meet or exceed City of Fort Worth Specifications; however, The City of Fort Worth may consider and accept alternate bids if specified herein when most advantageous to the City. The City reserves the right, however, to hold to City Specifications and to determine "or equal" status. The City reserves the right to accept or reject in part or whole any quote submitted, and to waive any technicalities for the best interest of the City. The undersigned agrees, if the quote is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this proposal will be 90 calendar days (unless the bidder inserts a different period) after opening date. City of Fort Worth Standard Terms and Conditions Shall Apply Company Name&Address QUOTE EVALUATION The quote award shall be based on, but not necessarily 7l limited to,the following factors: P. D. Hotv2�c✓_ C 1. Unit Price J1 2. Total Quote Price 3. Terms and Discounts r1_1 / // 4. Delivery Date r<rT Ale,YX, ZY 7_6 fin 5. Results of Testing Samples 6. Special Needs and Requirements of the City 7. Past experience with product/service 8. Vendor's past performance Telephone no.(AC 9'/7 1 70-/4O/ 9. City's evaluation of the vendor's responsibility Fax no.( ,$;/7 ) g24-2177_ 10.Demurrage charges,freight costs and mileage 11.Estimated cost of supplies,maintenance,storage, 12.Estimated surplus value Signatu REQUEST FOR QUOTATION CITY OF FORT WORTH This is NOT a purchase order. HED-BAC 1150 South Freeway, Suite 115 RFQ Number: 2014-BAC Fort Worth, TX 76104 817/212-2669 Quote for: Asphalt Paving and Striping Services Fax: 817/332-6465 Delivery ARO Ship Via F.O.B. Payment Terms N/A N/A N/A zdz /41ef� Quotation must include prices for all furnish material, equipment, haul-off and haul-in services and manpower to perform scope of work. Please review map of work site. ITEM QTY UNIT DESCRIPTION UNIT TOTAL OF PRICE ISSUE 1 700 SQ YD Saw-cut and Remove existing designated asphalt. Excavate down, re-compact existing base and install five(5) inch non-reinforced concrete and top off at surface with two(2)inch,type D hot mixed asphalt 67. SS concrete H.M.A.0 . 2 30 LF Remove and Replace six (6)inch curb and gutter. 3 176 LF Fire Lane Stripping 4 480 LF Parking Stripping .75� 3lcO.i� 5 3 EA. Replace and Install three(3)car stops in the main entrance parking lot. 4SX0 1.36.00 6 3 EA. Bolt down and secure three(3)car stops in the main entrance parking lot. 20,60lQO.GL7 7 TOTAL 006113-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 61 13 Bond No: 505509P 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, R.D. Howard, LLC , known as 9 "Principal" herein and Developers Surety and Indemnity Company , a corporate 10 surety(sureties, if more than one)duly authorized to do business in the State of Texas, known as 11 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of Texas, known as"City"herein, in the penal 13 sum of, Forty Nine Thousand Five Hundred Two and 00/100 Dollars 14 ($ 49,502.00 ), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 17 firmly by these presents. 18 WHEREAS,the Principal has entered into a certain written contract with the City 19 awarded the day of , 2015, which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment 21 labor and other accessories defined by law, in the prosecution of the Work, including any Change 22 Orders, as provided for in said Contract designated as Asphalt and Striping Services Campus 23 2014-BAC. 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, M 27 specifications, and contract documents therein referred to, and as well during any period of M M 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be Z 29 and become null and void,otherwise to remain in full force and effect. n 30 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 31 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort as 32 Worth Division. CA CITY OF FORT WORTH Asphalt and Striping Services Campus STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 20/4-BAC Revised July 1,2011 006113-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 11th day of March 6 , 2015. 7 PRINCIPAL: 8 R.D. Howard, LLC. 9 _ l0 11 BY _ 12 Signature 13 ATTEST: 14 15 Randle Howard, President 16 (Princi a erre Name and Title 17 18 Address: 3863 South Freeway# 102 19 Ft. Worth, TX 76110 20 21 o rrera 22 Wi :_as to ipal 23 SURETY: 24 Developers Surety and Indemnity Company 25 26 27 BY: _ 28 Signature 29 30 Lee R. Stevens. Attorney-In-Fact 31 Name and Title 32 33 Address: 810 Office Park Circle#112 34 Lewisville, TX 75077 35 36 37 Witness as to Surety Telephone Number: 469-212-7676 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Asphalt and Striping Services Campus STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014-BAC Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 61 14 Bond No: 505509P PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, R.D. Howard, LLC known as 9 "Principal" herein, and Developers Surety and Indemnity Company , a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas,known as "City" herein, 13 in the penal sum of Forty Nine Thousand Five Hundred Two and 00/100 Dollars 14 ($ 49,502.00 ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 16 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 17 presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 day of , 201_5 which Contract is hereby referred to and made a 20 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor 21 and other accessories as defined by law, in the prosecution of the Work as provided for in said 22 Contract and designated as Asphalt and Strip n Services Campus 2014-BAC. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in �'t'► 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under C-) R► 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full rn O 27 force and effect. iS a �, 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the �o 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH Asphalt and Striping Services Campus STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014-BAC Revised July 1,2011 0 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 11th day of 3 March , 2015. 4 PRINCIPAL: R.D. Howard, LLC ATTEST: BY' Signa re Randle Howard, President (Pr'nci a ecret Name and Title Address: 3863 South Freeway# 102 Ft. Worth, TX 76110 ler Wit ess as to 7 cipal SURETY: Developers Surety and Indemnity Company ATTEST: BY: Y14 I lgnature Lee R. Stevens, Attornet-In-Fact (Surety) Secretary Name and Title Address: 810 Office Park Circle#112 Lewisville, TX 75077 Witness as to Suretyj Telephone Number: 469-212-7676 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Asphalt and Striping Services Campus STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014-BAC Revised July 1,2011 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725,IRVINE,CA 92623 (949)263-3300 www.inscoDico.com KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,constitute and appoint ***Lee R. Stevens, Mark A. Congdon, jointly or severally*** as its true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Anome:y(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as the corporation could do,but reserving to the corporation fit11 power of substitution and revocation,and all of the acts of said Anomey(s)-in- Fact,pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is granted and is sighed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the Attorneys)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this I st day of December,2005. David H.Rhodes,Executive Vice-,'.rsident 'c ;u R ?�: OCT. :< :d; 10 1Q.- 1936 low ik By.Walter A.Crowell,Secretary �•a4'*" +� STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Garner, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his%cr/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the insa=cnL WITNESS my hand and official seal. GINA L GARNER Comm Al 155 1 Signature (SEAL) N111ARY;U;1,CAUFORnA ORANGE COUNTY My comm.eutptraa ts,am CERTIFICATE Ile undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors of said corpomtion set forth in the Pow=of Attorney,is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 11 th d y o f March 2015 / / By Z4 Albeit Hillebtand,Assistant Se rctary rn 1.10 omen�U-... +ornn 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 61 19 Bond No: 505509P 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we R.D. Howard, LLC , known as 9 "Principal"herein and Developers Surety and Indemnity Company , a corporate surety 10 (sureties, if more than one)duly authorized to do business in the State of Texas, known as 11 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as"City" herein, 13 in the SUM of Forty Nine Thousand Five Hundred Two and 00/100 Dollars 14 ($ 49,502.00 ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 16 successors, we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly 17 and severally,firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the day of , 2015, which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 24 the"Work")as provided for in said contract and designated as Asphalt and Striping Services 25 Campus 2014-BAC; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years rT 30 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and rT E 31 c32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 1-- 34 Period. 00 Q at CITY OF FORT WORTH Asphalt and Striping Services Campus STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 20/4-BAC Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH Asphalt and Striping Services Campus STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014-BAC Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 11 th day of March 3 ,2015. 4 5 PRINCIPAL: 6 R.D. Howard, LLC 7 8 9 BY: 10 Signature t! 11 aATTEST: 12 13 Randle Howard, President 14 cipal)Secr Name and Title 15 16 Address: 3963 South Freeway#102 17 Fort Worth, TX 76110 18 19 YID frer - 20 Wi ss as toipal 21 SURETY: 22 P7 Developers Surety and Indemnity Company 23 24 25 BY: _ 26 Signature 27 28 Lee R. Stevens, Attorney-In-Fact 29 ATTEST: Name and Title 30 3I Address: 810 Office Park Circle, #112 32 (Surety)Secretary Lewisville, TX 75077 33 D 34 ',(� QI'� '�'y✓L 35 VAtness as to Surety Telephone Number: 469-212-7676 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Asphalt and Striping Services Campus STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014-BAC Revised July I,2011 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725,IRVINE,CA 92623 (949)263-3300 www.hiscoDico.com KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY dos hereby make,constitute and appoint ***Lee R. Stevens, Mark A. Congdon, jointly or severally*** as its true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attoroey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as the corporation could do,but reserving to the corporation full power of substitution and revocation,and all of the acts of said Attorney(s)-in- Fact,pursuant to these presents,are herby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Dimmors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the Attomcy(s)-in-Fact named in the Powers ofAttomey to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affutcd to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or ccrtiftcate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached, IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this I st day of December,2005. �y AND IN•. Cd David H.Rhodes,Executive Vice-Pr sidcnt " ?H =.� ae a OCT.guff 1 10 :-e moo? 1936 %�7�''•.,lt1Y{P r baa.- Walter A.Crowell,Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Garner, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument WITNESS my hand and official seal. GINA L GARNER COMM.#1569561 Signature_ {SEAL) 0_J%C=MSXWft NOTARY PUBLIC CALIFORtiA ORANGE COUNTY 13,2M CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY,docs hereby certify that the foregoing Power of Attorney rerrWris in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney,is in force as of the bate of this Certificate. This Certificate is executed in the City of Irvine,California,the 11 th day of March 2015 By Albert Hilledxand,Assistant Secretary m ..10 men.n.... .vnci g �' CERTIFICATE OF LIABILITY INSURANCE 13/16/2015" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTiNRCATE 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(les)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 CON NAME Bobby Lyons LYONS INSURANCE PHONE FAX PO Box ?40683 �A/c.No.EM). (214) 363-0075 (A ,No):(214)363-0077 ADDRESs lyonsinsurance@liatexas.com Dallas, TX 75374-0683 INSURER(3) AFFORDING COVERAGE NAICR INSURER A:KEMPER SPECIALTY INSUR)WCE NSURED HOWARD, R D, LLC INSURER B:ARCH Insurance Group R D HOWARD, LLC mURER c:TOURS INSURANCE 3863 SOUTH FREEWAY, SUITE 102 gip: FT WORTH, TX 76110 INSURER IR: (817)921-1401 0"ERF: :OVERAGES 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 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. OR TYPE OF INSURANCE ADOL WOR LIMITS MMID I YYYY) .TR INSR WVD POLICY NUMBER (MMIDDNYYY) ( RAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERGAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) S 5,000 B Y Y AGLOO17755-00 9/25/2014 9/25/2015 PERSONAL&ADV INJURY is 1,000,000 T— GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGG S 2,000,000 POLICY PRO-JECT LOC $ AUTOMOBILE LIABILITY (Ea:ccldnt) S 1,000,000 X ANYAUTO BODILY INJURY(Per person) S A '_ — �OWNED _ SCHEDULED AUTOS Y Y CGNCCR173188200 06/25/14106/25/15 BODILY INJURY(Pet accident) $ X HIRED AUTOS X ROPERTY WMAGE AD I(Per accident) S S X UMBRELLA LLAS X OCCUREACH OCCURRENCE $10,000,000 C EXCESS LIAB CLAIMS-MADE Y y 35519D140AL1 10/13/2014 1OJ13/2015 AGGREGATE $10,000,000 , DED X RETENTION$10,000 $ WORKERS COMPENSATIONTA AND EMPLOYERS'LIABILI I Y YIN TONYUMR ER ANY FROFRIE70"ARTNER.EXECUTIVE OFFICEROEMSER EXCLUDED' NIA E.L.EACH ACCIDENT $ (Nii°i1MY In 00 E.L.DISEASE-EA!! s If yea dasoribe unties --_� DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ESCAIPTION OF OPlRATIONS I LOCATIONS 1 VEHICLES (Aftch ACORD 101,AdcsIto lel Remrks Sdwlkte,q more space is requited) 'he City of Fort Worth is named as an Additional Insured with respect to liability Iolicies listed above. This insurance shall not b e canceled, limited in scope or :overage, cancelled or non-renewed until after thrity(30) days prior written notice .as been given to the City of Fort Worth. :ERTIFICATE HOLDER CANCELLATION City of Fort Worth Purchasing Division 1000 Throckmorton St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ft. Worth TX 76102 ACCORDANCE WITH THE POLI P_WV ONS, AUTH EPRESENTAT 01988-2010 ACO CORPO TION. All right�,re4 ed. CORD25(2010/05) The ACORD name and logo are registered marks of ACORD CC.... '�� ® CERTIFICATE OF LIABILITY INSURANCE DATE(M6/2015 ) 03/16/2015 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(les)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: Questco Brokerage PHONEFAX 100 Commercial Circle No.Ext): 936-521-5837 A/C No): Bldg B E-MAIL Conroe,TX 77304 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:Technology Insurance Company,Inc. 42376 INSURED INSURER B: Emergent 1 Source,LLC P 0 Box 1947 INSURER C: Conroe,TX 77305 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:BPQNJRC5 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 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. INSR TYPE OF INSURANCE AD L B POLICY NUMBER MM/DDNYYY MFF M DCDfYYYY LIMITS LTR1=WVD 4—lom MERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTE15- CLAIMS-MADE r_1 OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY E]JECTPRO F—]LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ FEXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION TWC3423457 10/01/2014 10/01/2015 X PER OTH- AND EMPLOYERS'LIABILITYEEL ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N!A X (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It es,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Coverage is extended to the leased employees of alternate employer in all states except for monopolistic states(ND,OH,WA,WY)R.D.Howard Construction,LLC#2825 (Effective 05/12/2014) Waiver of subrogation in favor of City of Fort Worth CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth Purchasing Division AUTHORIZED REPRESENTATIVE 1000 Throckmorton St Fort Worth,TX 76102 +k Page 1 of 3 ©1988-2014 ACORD CORPORATION. All rights reserved. TEXAS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY MANUAL WC 42 06 01 Original Printing Effective January 1, 1994 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 days Insured: Emergent 1 Source, LLC Policy#: TWC3423457 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule City of Fort Worth Purchasing Division This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy). Endorsement Effective Policy No. Endorsemment No. 10/01/2014 TWC3423457 N/A Insured Premium Emergent 1 Source, LLC Insurance Company Countersigned by Technology Insurance Company, Inc. WC 00 03 13 (Ed.4-84) ©1983 National Council on Compensation Insurance. Paae 3 of 3 6PQNJRCS j i l a Ix a •v rlr. •POOcc w a ! , O 5 C14 J x d C s R (G C C 75 lx to 4. cc `~ Q a Z3 yy •� 4. _ !6 R O m = ° CNDMD CN • o 'c "� •3 � i+ =i. v r.1. "' •p L L % �p 0 i 444 a O x •Q U I 7� " r.C:i Q V L h tE CW u V = 'y 6 •b0 t 7 U \t CL. 1% h Z W ;':. '� �$•:'"�!iu hs`r � �it� � ` �fp ��1�»•....�_�� �' �'a P...»-i.`.+`�'{ 41tWX► _ '.C"°�t.'..�."' .�MN=rNp, ��; ��i ',�.1•I V n ltd» � t� , ��_ � �� � \•f ��.Y n �yI � N :r w�.,"m.�• r'NN�i/Y�, t;.Si'.°�;i�:•� .ij• i ', �. '>r .�, J 7 k. � 1$- �t.. ..tri. .� iZ!•„"+ ''`'S`�. �/+• w ..�ls?`"i" ':"•�I!?i. J�'.^Y i4 :�7,:; 'S' t 2'' "� iS._ �r