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HomeMy WebLinkAbout04-11-16 Martin L. King Splash ParkV Ala i" cilit:ies Ltd q cari�(Ortlt Company TURNKEY QUOTATION PROJECT NAME: MARTIN L. KING SPLASH PARK OWNER: CITY OF LA PORTE, TEXAS DATE: 2/29/2016 Restroom Facilities Limited (RFL), the Nation's leading specialized restroom design/build firm since 1988, offers to furnish and install, per plans and specifications, subject to our attached Scope of Work, and the Standard Terms and Conditions of Sale, which become part of our offer to sell. BUYBOARD CONTRACT 423.13 RFL BASE MODEL #AB212DF @ $ 65,265.30 INSTALL @ $ 9,000.00 TOTAL WITH BUYBOARD DISCOUNT @ $ 74,265.30 FREIGHT, CRANE, BOND @ $ 8,923.00 TOTAL BUYBOARD W/ FREIGHT AND CRANE @ $ 83,188.30 Note: You must itemize your purchasing document as shown in this quote. Payment terms: 50% installment with order; 40% in progress billings during construction; and balance of 10% upon completion of delivery and installation, no retention. Payment of 90% must be received by RFL prior to scheduling of delivery and installation. Thank you for considering RFL as your restroom specialist for this project. HOW WE WORK If you are the apparent low just simply send us a letter of intent and we will begin the construction drawings. Once plans have been approved and engineer stamped, the manufacturing process begins. Typically, the construction time frame is approximately 90-120 days and begins with execution of sales order and receipt of approved submittals, color selections and progress payments. In -plant inspection reports and certifications will be provided by an independent inspection agency. The client must prepare the site in accordance with the "Scope of Work by Client" attached and coordinate any required on site inspections. After the site prep has been completed, our crew arrives to perform the installation. They will verify elevation, offsets, location, and access. Exclusions: A. Sidewalks beyond building slab. Initial Initial Page 1 of 8 1707 Colt Circle, Marble Falls, Texas 78654 0 Phone: 512.222,5454 0 www.restroomfacilities.com B. Site issues beyond the control of RFL. C. Damage to existing improvements. D. Protection of existing utilities, landscaping, and improvements. E. If required per geotech report, footing, piers, and/or select fill labor and materials to be provided by others. F. Excavation and backfill. CLIENT'S SCOPE OF WORK TURNKEY INSTALLATION OF RESTROOM BUILDING WITH ATTACHED SLAB 1. SURVEY STAKES: Provide ten foot offset stakes and locate front corners of building, existing utilities, and inverts within the area of construction. Locate and mark final slab elevation. 2. SUBGRADE PAD: Preparing the site is fairly simple. Detailed instructions to prepare the building site are as follows: 2.1. Excavate down ten inches below the finish floor elevation (the slab is eight inches thick on top of a two inch sand bed). 2.2. If soils are poor, it may be necessary to import six inches of Class II base rock, and pour for a footing and/or piers. (This is not necessary if native soils will compact) 2.3. Compact to 95%, or to local code requirement. 2.4. Compact one foot over in all directions (over build). 2.5. Supply approximately five cubic yards of clean sand, on side of site, for fine grading. 2.6. Excavate and backfill trenches up to and within building pad for RFL supplied underground utility service kits. 2.7. Provide water and inspection for RFL supplied underground sewer kit. 2.8. Depending on weather, all irrigation should be turned off prior to delivery to allow the surrounding soils to dry and bear the weight of the truck and crane. 2.9. Check comer locations against plans for proper sizing. 2.10. Verify finish floor elevation for concrete slab (shipped fully attached to the building.) 2.11. Excavate one foot perimeter footing if required by local code to specified depth. 3. SITE ACCESS AND STORAGE: Provide suitable safe clear access to allow a crane (up to 110 tons), and the building on a semi -trailer (up to 40 tons) to reach site (14' width, 70' length, and 14' in height). If path to site is over existing utilities, sidewalks, or other damageable areas, proper marking, plating or other appropriate protection must be provided by CLIENT. CLIENT is responsible for removing any overhead obstructions (i.e. power lines, trees). This proposal provides for a 110 ton crane with access to within 25' of the building pad. The initial initial Page 2 of 8 1707 Colt Circle, Marble Falls, Texas 78654 0 Phone; 512.222.5454 0 wwvv.restroomfacilities.com proposal is based on four (4) hours of crane time. If access is limited a larger crane may be required. All additional crane costs shall be borne by the CLIENT. A direct route to the project site is assumed. Should routes be altered due to road closures or restrictions, additional fees may apply. 4. UTILITIES: Bring water, sewer, and power (if applicable) utilities into point of connection Christy boxes (supplied by RFL), within six feet of the building line at the location shown on our plan. 4.1. Water: RFL will furnish and install a water point of connection (isolation valve), from mechanical chase to a Christy box six feet from the building line. CLIENT must connect service to valve. 4.2. Sewer: RFL will furnish and install a sewer point of connection from mechanical chase to a Christy box six feet from the building line. CLIENT must connect service. 4.3. Electrical: (when this option is chosen) RFL will furnish and install a PVC conduit and a Christy box to the point of connection six feet from the building line. CLIENT to pull the electrical service line through the conduit and connect to the main panel lugs inside the building. All electrical inside the building will be furnished and installed by RFL, except as noted above in exclusions. 4.4. If the utilities are not available when we depart the site, testing and minor leaks will be the responsibility of the CLIENT. 4.5. A minimum 1'/2" line with 25 gpm at 60 psi pressure minimum is required to ensure that water closets will operate as designed. If this is not available an auxiliary holding tank may be required. 5. SPECIAL CONDITIONS AND COSTS: If specifications by owner require any testing or special inspections, costs, if any, shall be borne by CLIENT. 6. PERMITS AND FEES: All building permits and fees shall be borne by CLIENT. 7. INSPECTIONS: It is very important that the CLIENT understand that our costs are based upon fast track construction and that delays for inspection are an impediment to the timely completion of the project. We seek the full cooperation of the CLIENT and local building officials or project inspectors in accomplishing this end. We require that all inspections be scheduled with adequate notice to ensure that the underground plumbing and electrical work is approved prior to placement of building. We require that final inspection and acceptance by owner and building officials be performed immediately following RFL's completion of installation. We also require final inspection and acceptance immediately following RFL's conclusion of any correction items. Af�lnitial Initial Page 3 of 8 {( 1707 Colt Circle, Marble Falls, Texas 78654 0 Phone: 512.222.5454- 0 4v mrestroornfaciIities.corn 8. SITE CLEANUP AND DEBRIS REMOVAL: CLIENT shall provide an on -site trash bin for disposal of one pick up load of debris. All excess spoils shall be responsibility of CLIENT. All rough and final grading shall be by CLIENT. 9. SOILS INFORMATION: Even though the building department may not require an official soils report, it is always a good idea to obtain one. Our slab requires a minimum allowable soil bearing pressure of 1,000 psf. This value needs to be confirmed, on site, by the owner, or through the owner's contractor, and not by RFL. The need to obtain a soils report is only a recommendation by RFL. Ultimately, it is up to the owner and the local jurisdiction to decide whether or not to pursue evaluating the soils beyond the generally conservative assumptions given in current applicable codes. STANDARD TERMS AND CONDITIONS OF SALE LINKAGE: These Terms and Conditions of Sale shall apply and form a part of the Company's Offer to Sell and supersede all other expressed or implied terms and be linked to our Agreement for work whether or not signed by the Purchaser. 2. ACCEPTANCE: Unless otherwise expressly stated herein, the Company's Offer supersedes all previous quotations and expires, unless accepted by purchaser, within thirty (30) days from date of Offer. None of the Terms and Conditions contained in this quotation may be added to, modified, superseded or otherwise altered except by a written instrument signed by the President of the Company. Each shipment to buyer from the Company shall be deemed to be only under these Terms and Conditions of Sale, which shall become part of our Offer to Sell, notwithstanding any Terms and Conditions that may be contained in any purchase order or other form of the buyer, notwithstanding the shipment, acceptance of payment or similar act of the Company. All Purchase Orders when accepted by the Company at 1707 Colt Circle, Marble Falls, Texas 78654, will be in accordance with the Laws of the State of Texas. All orders are subject to review by the Company in accordance with the Company's Offer to Sell before final acceptance is authorized. All disputes shall be governed by applicable Texas Law and all claims shall be filed and litigated in Burnet County, Texas, with the prevailing party recovering attorney's fees. PRICES: Sales tax is not required provided the structure is installed by RFL. All Use taxes, and applicable in plant taxes, permits and fees are paid for by RFL. If payment is not made by client in accordance with the Contract Terms, interest will be charged at the rate of Initial Initial Page 4 of 8 1707 Colt Circle, Marble Falls, Texas 78654 0 Phone: 512.222.5454 0 www.restroornfacilities.com 1-1/2% (one and one/half percent) per month until paid. If an order is accepted by the Company, and a delivery date is accepted by the Client, and delivery is delayed by the Client, payment of all but 10% is due upon completion at the Point of Manufacture. A 1-1/2% (one and one/half percent) per month added fee shall be due for each month the shipment is delayed. 4. TERMINATION: Purchaser shall be responsible for costs of work performed which will include overhead and profit. Contract may not be cancelled once production has commenced. TITLE AND LIEN RIGHTS: All Products remain the personal property of the Company, whether or not affixed to any other real property or structure, until the price (including any notes given therefore) of the equipment has been fully paid in cash. The Company shall, in the event of the purchaser's default, have the right to enter upon any premises and repossess such structures and equipment wherever it may be located. 6. LACHES: Failure of the Company to exercise any right or remedy under this contract shall not be deemed a waiver of such right, nor shall any lien or other right of the Company be lost or impaired by laches or in any manner or by any act or failure to act. 7. LIMITATION OF LIABILITY: Under no circumstances, unless stated in our Offer to Sell or bid, shall the Company have any liability for liquidated damages, for collateral, consequential special damages, loss of profits, loss of production, delay in the progress of construction, whether resulting from delays in delivery, performance, breach of warranty, due to lack of timely performance in reviewing and approving shop drawings, completing site preparation or lack of payment in accordance with the terms set forth herein. The aggregate total liability of the Company under the contract, whether for breach of warranty or otherwise shall in no event exceed the contract price. Buyer agrees to indemnity and holds harmless the Company from all claims by third parties which extend beyond the foregoing limitations on the Company's liability. 8. DELIVERY: Except as may be otherwise specified in the attached Offer, delivery will be F.O.B. point of manufacture. Time of delivery is an estimate only. The Company shall in no event be liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of Government or military, delays in transportation or procurement of materials or causes of any kind beyond the Company's immediate control. If building is ready for shipment and Customer delays said shipment, Company shall store the facility at the point of manufacturing and charge 1-1/2% (one and one/half percent) per month as a storage A ,Initial Initial Page 5 of 8 1707 Colt Circle, Marble Falls, Texas 78654 0 Phone: 512.222.5154 0 Nrm.restroomfacilities.com charge. If shipment arrives and site is not ready, Owner shall pay any off -site storage fees as applicable. 9. WARRANTY: All Products produced by the company are warranted to the purchaser to be free from defects in material, workmanship and title. The Company will replace or repair, at its option, defects in workmanship or any part which is proven defective within one year from delivery. This warranty applies only where the Company has been notified in writing of the defect within the warranty period and where any equipment has been properly operated and maintained in accordance with the Company's instructions: the Company having no responsibility for abuse, neglect or improper storage. Should any issues arise where additional work must be performed RFL retains the right to perform this work at the earliest opportunity. Should it be necessary to have this work performed by others due to the nature of the work or a conflict in scheduling, RFL must be notified 48 hours in advance in writing and given the opportunity to perform said work. Should it be necessary to have this work performed by others a written estimate must be approved by RFL in advance of any work being undertaken. The Company assigns any and all warranties for fixtures, appliances, and other equipment manufactured by others to said other manufacturer. Due to its nature, concrete is prone to settling and cracking. Minor cracking in the concrete is normal and is not the responsibility of RFL. We use high quality 304 stainless steel in our products and under certain conditions and/or improper maintenance stainless steel may rust. Minor rust spots or discoloration are not the responsibility of RFL. The foregoing shall constitute the said liability of the Company and the sole remedy to the purchaser. Company's warranties as set forth in this paragraph are exclusive and are in lieu of, and purchaser hereby waives all other warranties, expressed or implied, including without limitation, any implied warranties or merchantability and fitness. This warranty shall be void if payment in full for the project is not received by the Company in accordance with these Terms and Conditions of Sale. 10. CREDIT: (Deposit and Progress Payments) 11. MUNICIPAL AND FEDERAL GOVERNMENT AGENCIES: Orders may require deposits or progress payments. If buyer's financial situation justifies such action, the Company may at its election require payment in advance or cancel the order as to any unshipped item and require payment of its reasonable cancellation charges. If the buyer delays completion of manufacture or a delay in shipment, the Company shall require payment according to the percentage of completion. In the event of the default of the buyer, the Company is entitled to the full amount due including reasonable attorneys fees, costs, storage, expenses of physical recovery, and interest at 1-1/2% (one and one/half percent) per month. Initial Initial Page 6 of 8 1707 Colt Circle, Marble Falls, Texas 78654 0 Phone: 512.222.5454 0 wwvv.restroomfacilities.com 12. CLIENTS AND NON -GOVERNMENT AGENCIES: Orders may require deposits or advance payment as well as progress payments subject to the buyer's credit worthiness in accordance with the Company's applicable credit policies. Breach of any payment terms shall accelerate full payment which shall be due the balance of the contract amount including change orders. Initial Initial Page 7 of 8 1707 Colt Circle, Marble Falls, Texas 78654 • Phone: 512.222.5454 • www.restroomfacilities.com Restroom Facilities Limited John P tman, President Client Name Name d Title Date Date -5-,/,Z-,O�6 Oinitial Initial Page 8 of 8 1707 Colt Cirelc, Marble Falls, Texas 78654 0 Phone: 512,222.5454 0 www.rest:roonifacilities.com City of La Porte PERFORMANCE BOND MKL SPLASH PARK RESTROOM STATE OF TEXAS COUNTY OF HARRIS KNOW ALL PERSONS BY THESE PRESENTS: Section 00611 Performance Bond Form Bond #4402546 That Restroom Facilities, Ltd., 1707 Colt Circle, Marble Falls, TX 78654 Hereinafter called Principal, and SureTec Insurance Company, 1330 Post Oak Blvd., Suite 1100, Houston, TX 77056 Hereinafter called Surety, are held and firmly bound unto the City of La Porte, hereinafter called Owner, in the full and just sum of Eighty Three Thousand One Hundred Eighty Eight and 30/ 100 Dollars, ($ $83.188.30) good and lawful money of the United States of America for the payment of which well and truly to be made, the said Principal and Surety hereby jointly and severally bind ourselves, heir, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, Agreement dated April 11, 2016 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the drawings, and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to 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 Chapter to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to work performed there under, or the plans, specifications, or drawings, accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or the work to be performed there -under. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. City of La Porte Section 00611 Performance Bond Form IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14th day of April 2016 PRINCIPAL: Restroom Facilities, Ltd. By: I — e�l� Title: oh . Putman Jr., President Address: 1707 Colt Circle, Marble Falls, TX 78654 SURETY: SureTec Insurance Company By.�7�0` Title:_Eva O. Urnmer, Attorney -in -Fact Address: 1330 Post Oak Blvd., Suite 1100, Houston, TX 77056 NOTE: Date of Bond must not be prior to date of Agreement. If Contractor is Partnership, all partners should execute Bond. City of La Porte Section 00612 Payment Bond Form 1. Corporate principals to provide the following certificates: CERTIFICATE AS TO CORPORATE PRINCIPAL 19 I,11L& C,4- _, (name) certify that I am secretary) Y (title) of(company name) which is named as principal in the within foregoing Bond, that JQ4 g (WT%4.►) AIL , (name of person executing bond) who signed the said Bond on behalf of the principal, was then _OM5 AL4. (title of person executing bond) of said principal; that I know his/her signature and that his/her signature is therefore genuine; and the Bond was duly signed, sea le , and atteste for and in behalf of said Corporation by authority of its governing body. //yJv J- CwfW Print Name (Corporate Seal - required if a Corporation) Subscribed and Sworn before me this�day of Y'k , 20L� TILLER 0 #11748987 Notary Public O MY Commission Expires M$rch 28, 2020 2. Surety shall provide a current power of attorney. 3. Date of Bond and surety power-of-attomey must not be dated prior to date of Agreement. 4. Surety companies executing bonds must appear on the Treasury Departments' most current list (Circular 570 amended) and be authorizes to transact business in the State of Texas. POA N: 4221112 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John R. Ward, Eva O. Limmer, Douglas Moore, Allyson Dean, Emily Mikeska its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Fifteen Million and 001100 Dollars ($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/16 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or 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 -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and 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 signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'A of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 9th day of February, A.D. 2015 SURETEC INSURANCE COMPANY S�t�ANp6 (u r X '� By w w i D= John oz Jr: resideni State of Texas ss: 7�t 5 ff� 1 County of Harris . �' �0' / On this 9th day of February, A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. �w JACQUELYN MALDONADO Notary Public State of Texas My Comm. Exp. 5/18/2017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 14th day of April 2016 A.D. M. Bre t Beaty, Assistant §ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. City of La Porte PAYMENT BOND MLK SPLASH PARK RESTROOM STATE OF TEXAS COUNTY OF HARRIS KNOW ALL PERSONS BY THESE PRESENTS: Section 00612 Payment Bond Form Bond #4402546 That Restroom Facilities, Ltd., 1707 Colt Circle, Marble Falls, TX 78654 Hereinafter called Principal, and SureTec Insurance Company, 1330 Post Oak Blvd., Suite 1100, Houston, TX 77056 Hereinafter called Surety, are held and firmly bound unto the City of La Porte, hereinafter called Owner, in the full and just sum of Fly Three Thousand One Hundred Eighty Eight and 30/100 Dollars, ($ 83,188.30 ) good and lawful money of the United States of America for the payment of which well and truly to be made, the said Principal and Surety hereby jointly and severally bind ourselves, heir, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, Agreement dated the 11 day of April , 2016 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to 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 Chapter to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the specifications or drawings accompanying the same, shall in anyway effect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. City of La Porte Section 00612 Payment Bond Form IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14th day of April 20 16 PRINCIPAL: Restroom Facilities, Ltd. By: , , /---- — - - Title: Joh M. Putman Jr., President Address: 1707 Colt Circle Marble Falls, TX 78654 SURETY: SureTec Insurance Company By:�� . Title: Eva O. Limmer, Attorney -in -Fact Address: 1330 Post Oak Blvd., Suite 1100 Houston_, TX 77056 NOTE: Date of Bond must not be prior to date of Agreement. If Contractor is Partnership, all partners should execute Bond. City of La Pone Section 00612 Payment Bond Form 1. Corporate principals to provide the following certificates: CERTIFICATE AS TO CORPORATE PRINCIPAL I, CIY—, (name) certify that I am secretary/ 09 (title) of 14ri t #, 60"r (company name) which is named as principal in the within foregoing Bond, that ..�Ol�%t-F (�tJ1--•J 1, (name of person executing bond) who signed the said Bond on behalf of the principal, was then kn&nnj. (title of person executing bond) of said principal; that I know his/her signature and that his/her signature is therefore genuine; and the Bond was duly signed, !and attesteV for and in behalf of said Corporation by authority of its governing body. Si Print Name (Corporate Seal - required if a Corporation) Subscribed and Sworn before me this�-day of !'l , 20 �i ��Y a TAhdMY MILLER ID #11748987 Notary Public ar MY Commission Expires March 28, 2020 2. Surety shall provide a current power of attorney. 3. Date of Bond and surety power -of -attorney must not be dated prior to date of Agreement. 4. Surety companies executing bonds must appear on the Treasury Departments' most current list (Circular 570 amended) and be authorizes to transact business in the State of Texas. PoA #: 4221112 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John R. Ward, Eva O. Urnmer, Douglas Moore, Allyson Dean, Emily Mikeska its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Fifteen Million and 00/100 Dollars ($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/16 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or 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 Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and 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 signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 10'* of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and ;tc corporate seal to be hereto affixed this 9th day of February, A.D. 2015 ^ SURETEC INSURAI 1s:E COMPANY SVRANCF /. 441. 9 :� �'f By: - -- — John kdox Jr:,i-'resident State of Texas ss: � // County of Harris .. On this 9th day of February, A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACOLIELYN MALDONADO Notary Public v ` State of Texas My Comm. Exp. 5/18/2017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 14th day of Aril 2016 , A.D. M. Bre t Beaty, Assistant ecretary Any Instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 811-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev. 1-1-06 CONFLICT OF INTEREST QUESTIONNAIRE FORMA CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a focal governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Cade. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the Information is being disclosed. Name of Officer 4J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No 5 1 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 T!� (C Signature vendor 600ing business with the governmental entity Date Form provided by Texas(thics Commission www.ethics.state.tx.us Revised 11130l2015 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 9 there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2016-39374 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CorWorth / Restroom Facilities Ltd. Marble Falls, TX United States Date Filed: 04/3.3/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of La Porte, TX Date Acknowledged: 4 - a � - I U 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 4112016 Design / Build 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Putman, John Marble Falls, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. =TAMMYMILLER r �f-- /\ a, �(2 "11� Sig nat a of authorized'agent of contracting business entity 1f AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said c JQ)p4, i t.c:kYY-,cu-, - C61 'Jil nl , this the 6;� JQ 1 ` day of AI yL , 20to certify which, witness my hand and seal of office. MILLER ID #11748987 aTAMMY My Commission Expires March 28, 2020 k .�kw.C,M, ^^ ereS��n _ Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645