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HomeMy WebLinkAboutContract 52833-R2 Adobe Acrobat Sign Transaction Number:CBJCHBCAABAAMpgVRT-HWelEGgRo42Sx-93-c25vtwjl CSC No. 52833-R2 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE May 11, 2022 C. Green Scaping,LP Attn: Curtis J. Green 2401 Handley Ederville Rd FORT WORTH, TX 76118 Re: Contract Renewal Notice—Second Renewal Brick Rehabilitation at Various Locations Contract CSC No. 52833 Original Contract Amount: $407,330.00 The above referenced contract with the City of Fort Worth, as renewed and amended, expires with the expenditure of funds. The funds for the contract have been expended or programmed. This letter is to inform you that the City has appropriated funding and is exercising its right to renew the contract for an amount up to $407,330.00, which will be effective immediately upon execution by the designated Assistant City Manager. All other terms and conditions of the contract,as amended,remain unchanged.Please verify that the original payment, performance and maintenance bonds remain active or if retired, provide updated bonds when you return this letter. Please sign in the space indicated below and return this document, along with a copy of your current insurance certificate,to the undersigned. Please log onto PeopleSoft Purchasing at hM2://fortworthtexas.gov/purchasing to ensure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Omar Elbagalati(May 16,20224X.56 CDT) Engineering Manager Omar Elbagalati (817) 392-8117 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Contract Renewal Page 1 of 2 Adobe Acrobat Sign Transaction Number:CBJCHBCAABAAMpgVRT-H We 1EGgRo42Sx-93-c25vtwjl CSC No. 52833-R2 ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration D,qng 244 h of this contract,including ensuring all By: Dana Burghdoff ay 23,202217:31 CDT) performance and reporting requirements. Name: Dana Burghdoff Title: Assistant City Manager Date: May 23,2022 V B . Tariqul Islam(May 02217:02 CDT) Name: Tariqul Islam APPROVAL RECOMMENDED: Title: Graduate Engineer APPROVED AS TO FORM AND LEGALITY: By: William Johnson(Mly 18,202216:13CDT) Name: William M.Johnson o (/jj Title: Director, Transportation & Public Works By: DBlack(May 20,202216:23 CDT) Department da444na�Il Name: Douglas. W.Black r-1 FoFOR?�aa Title: Sr.Assistant City Attorney Ff ATTEST: apol moo o�p��d v g g=d AUTHORIZATION: o o M&C: C-21-0276 ���`I`IG��G�GDD��GG aaa orExAoo Ay Saap Date Approved: 4-13-2021 By: Jannette S.Goodall(May 24,2022 13:14 CDT) ��nRnO'd4 Name: Jannette S. Goodall Form 1295 Certification No.: 2022-856889 Title: City Secretary CONTRACTOR: By: Curtis Green(May 16,2022 09:07 CDT) Name: Curtis Green Title: v.P. Date: May 16,2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Contract Renewal Page 2 of 2 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT Create New From This M&C REFERENCE **M&C 21- 202021 BRICK DATE: 4/13/2021 NO.: 0276 LOG NAME: REHABILITATION FIRST RENEWAL CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7 and CD 9) Authorize Up to Two Renewals and the Execution of the First Renewal of the Contract with C. Green Scaping, LP, in the Amount of$407,330.00 for the 2021 Brick Pavement Rehabilitation Project at Various Locations RECOMMENDATION: It is recommended that the City Council authorize up to two renewals and the execution of the first renewal of City Secretary Contract No. 52833 with C. Green Scaping, LP, in the amount of $407,330.00 for the 2021 Brick Pavement Rehabilitation project (City Project No. 103204) at various locations. DISCUSSION: In the Fiscal Year 2021 Pay-Go Contract Street Maintenance Program, various types of street maintenance are grouped into specific contract packages. On August 27, 2019, the Mayor and Council Communication (M&C 19-0078) and City Council authorized the execution of the contract with C. Green Scaping, LP for 2020 Brick Pavement Rehabilitation project. That contract has two annual renewal options, but the M&C inadvertently failed to seek authorization of them. C. Green Scaping, LP has agreed to renew this contract under the same term, conditions, and prices. The 2021 Brick Pavement Rehabilitation project (City Project No. 103204) provides the repair and rehabilitation of brick pavement along four street segments listed below: CD Street Name Street Limits Block 7 Camp Bowie Boland Street— Prevost Street 3380 - 5299 Boulevard 9 Main Street East Weatherford Street—West 3rd 100 - 399 Street 9 Main Street West 4th Street—West 9th Street 500 - 999 9 South Main Street West Jefferson Avenue —West 1800 -2299 Jessamine Street Construction for this project is expected to start in early summer 2021 and to be completed approximately by fall 2021. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. M/WBE OFFICE —C. Green Scaping, LP, is in compliance with the City's BDE Ordinance by documenting good faith effort on the original submittal. Additionally, C. Green Scaping, LP is a certified M/WBE firm. This project is located in COUNCIL DISTRICTS 7 and 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the 2021 Brick Pavement Rehab project to support the approval of the above recommendation and execution of the renewal of the contract. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=28826&councildate=4/13/2021 5/11/2022 M&C Review Page 2 of 2 Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget I Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Jeffrey Perrigo (8117) ATTACHMENTS 103204 2021 Brick Rehabilitation First Renewal Compliance Memalodf (CFW Internal) 202021 BRICK REHABILITATION FIRST RENEWAL funds avail.docx (CFW Internal) 2021 Brick Rehabilitation Map 01.pdf (Public) 2021 Brick Rehabilitation Map 02.pdf (Public) 2021 Brick Rehabilitation Map 03.pdf (Public) FID Table Brick Rehab 2021.xlsx (CFW Internal) Form 1295 2021 Brick Paver Rehab.pdf (CFW Internal) SAM Search Result C. Green Scaping.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=28826&councildate=4/13/2021 5/11/2022 Texasm.t.z WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy 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 2. Notice will be mailed to: CITY OF FT. WORTH 1000 THROCKMORTON FORT WORTH, TX 76102 US This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 5/13/22 at 12:01 a.m.standard time,forms a part of: Policy no. 0001252254 of Texas Mutual Insurance Company effective on 5/13/22 Issued to: C GREEN SOAPING LP This is not a bill Authorized representative NCCI Carrier Code: 29939 5/13/22 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 06 01 Policy Number: 6D3-34-02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II — Who Is An Insured is amended to surveys, field orders, change orders or drawings include as an additional insured: and specifications; or 1. Any person or organization for whom you are b. Supervisory, inspection, architectural or performing operations when you and such engineering activities. person or organization have agreed in writing in This exclusion applies even if the claims against a contract or agreement that such person or any insured allege negligence or other wrongdoing organization be added as an additional insured in the supervision, hiring, employment, training or on your policy; and monitoring of others by the insured, if the 2. Any other person or organization you are "occurrence" which caused the "bodily injury" or required to add as an additional insured under "property damage", or the offense which caused the the contract or agreement described in "personal and advertising injury", involved the Paragraph 1. above. rendering of, or the failure to render, any Such person(s) or organization(s) is an additional professional architectural, engineering or surveying insured only with respect to liability for "bodily services. injury", "property damage" or "personal and C. With respect to the insurance afforded to these advertising injury" caused, in whole or in part, by: additional insureds, the following is added to a. Your acts or omissions; or Section III —Limits Of Insurance: b. The acts or omissions of those acting on The most we will pay on behalf of the additional your behalf; insured is the amount of insurance: in the performance of: 1. Required by the contract or agreement a. your ongoing operations for the additional described in Paragraph A.1.; or insured; or 2. Available under the applicable Limits of b. "Your work" for the additional insured and Insurance shown in the Declarations; included in the "products — completed whichever is less. operations hazard". This endorsement shall not increase the applicable However, the insurance afforded to such additional Limits of Insurance shown in the Declarations. insured described above: D. The following is added to the Other Insurance a. Only applies to the extent permitted by law; Condition and supersedes any provision to the and contrary: b. Will not be broader than that which you are Primary and Noncontributory Insurance required by the contract or agreement to This insurance is primary to and will not seek provide for such additional insured. contribution from any other insurance available to B. With respect to the insurance afforded to these an additional insured under your policy provided additional insureds, the following additional that: exclusion applies: (1) The additional insured is a Named Insured This insurance does not apply to "bodily injury," under such other insurance; and "property damage" and "personal and advertising (2) You have agreed in writing in a contract or injury" arising out of the rendering of, or the failure agreement that this insurance would be primary to render, any professional architectural, and would not seek contribution from any other engineering or surveying services including: insurance available to the additional insured. a. The preparing, approving, or failing to prepare E. All other terms and conditions of this policy remain or approve maps, shop drawings, opinions, reports, unchanged. CG7174.3(10-13) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 Policy Number: 6D3-34-02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY The aggregate limit listed above is the most we will Section I — Coverage A, Exclusion a. is amended pay for all damages because of "property damage" as follows: to property in the care custody and control of or property loaned to an insured during the policy a. "Bodily injury" or "property damage" expected period. or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' Any payment we make for damages because of or "property damage" resulting from the use of "property damage" to property in the care, custody reasonable force to protect persons or property. and control of or property loaned to an insured will apply against the General Aggregate Limit shown in B. NON-OWNED WATERCRAFT the declarations. Section I — Coverage A, Exclusion g.(2) is b. Our obligation to pay damages on your behalf amended as follows: applies only to the amount of damages in (2) A watercraft you do not own that is: excess of the deductible amount listed above. (a) Less than 60 feet long; and We may pay any part or all of the deductible amount listed above. We may pay any part or (b) Not being used to carry person(s) or all of the deductible amount to effect settlement property for a charge; of any claim or "suit" and upon notification by C. EXTENDED PROPERTY DAMAGE COVERAGE us, you will promptly reimburse us for that part Section I — Coverage A, Exclusions j.(3) and (4) is of the deductible we paid. amended to add the following: c. If two or more coverages apply under one Paragraphs (3) and (4) of this exclusion do not "occurrence", only the highest per claim apply to tools or equipment loaned to you, provided deductible applicable to these coverages will they are not being used to perform operations at apply. the time of loss. d. Insurance provided by this provision is excess over any other insurance, whether primary, SCHEDULE excess, contingent or any other basis. Since Limits Of Insurance Deductible insurance provided by this endorsement is excess, we will have no duty to defend any $5 000 Each Occurrence $250 Per Claim claim or "suit" to which insurance provided by $10 000 Annual Aggregate this endorsement applies if any other insurer has a duty to defend such a claim or "suit". If a. The each occurrence limit listed above is the no other insurer defends, we will undertake to most we will pay for all damages because of do so, but we will be entitled to the insured's "property damage" to property in the care, rights against all those other insurers. custody and control of or property loaned to an D. PROPERTY DAMAGE— ELEVATORS insured as the result of any one "occurrence", regardless of the number of: Section I — Coverage A.2. Exclusions paragraphs (1) insureds; j.(3), j.(4), j.(6) and k. do not apply to use of elevators. (2) claims made or"suits" brought; This insurance afforded by this provision is excess (3) persons or organizations making claims or over any valid and collectible property insurance bringing "suits". (including any deductible) available to the insured and Section IV — Commercial General Liability Conditions Paragraph 4. Other Insurance. CG7578.3(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 6 E. FIRE, LIGHTNING OR EXPLOSION DAMAGE a. Currently in effect or becomes effective Except where it is used in the term "hostile fire", the during the policy period; and word fire includes fire, lightning or explosion wherever b. Executed prior to an `occurrence" or it appears in the Coverage Form. offense to which this insurance would Under Section I — Coverage A, the last paragraph apply. (after the exclusions)is replaced with the following: However, the insurance afforded to such Exclusions c. through n. do not apply to damage by additional insured: fire, smoke or leakage from automatic fire protection a. Only applies to the extent permitted by law; systems to premises while rented to you or and temporarily occupied by you with permission of the b. Will not be broader than that which you are owner. A separate limit of insurance applies to this required by the contract or agreement to coverage as described in Section III — Limits of provide for such additional insured; and Insurance. F. MEDICAL PAYMENTS c. Applies only if the person or organization is not specifically named as an additional If Section I — Coverage C. Medical Payments insured under any other provision of, or Coverage is not otherwise excluded from this endorsement added to, Section II — Who Coverage Form: Is An Insured of this policy. The requirement, in the Insuring Agreement of 2. As provided herein, the insurance coverage Coverage C., that expenses must be incurred and provided to such additional insureds is limited reported to us within one year of the accident date is to: changed to three years. G. SUPPLEMENTARY PAYMENTS a. Any Controlling Interest, but only with respect to their liability arising out of their Supplementary Payments — Coverages A and B financial control of you; or premises they Paragraphs 1.b. and 1.d. are replaced by the own, maintain, or control while you lease or following: occupy these premises. 1.b.Up to $5,000 for cost of bail bonds required This insurance does not apply to structural because of accidents or traffic law violations alterations, new construction and arising out of the use of any vehicle to which the demolition operations performed by or for Bodily Injury Liability Coverage applies. We do that person or organization. not have to furnish these bonds. b. Any architect, engineer, or surveyor 1.d.All reasonable expenses incurred by the insured engaged by you but only with respect to at our request to assist us in the investigation or liability for "bodily injury", "property defense of the claim or "suit", including actual damage" or "personal and advertising loss of earnings up to $500 a day because of injury" caused, in whole or in part, by your time off from work. acts or omissions or the acts or omissions H. SUBSIDIARIES AS INSUREDS of those acting on your behalf: Section II — Who Is An Insured is amended to add (1) In connection with your premises; or the following: (2) In the performance of your ongoing 1.f. Any legally incorporated subsidiary in which you operations. own more than 50% of the voting stock an the With respect to the insurance afforded to effective date of this policy. However, insured these additional insureds, the following does not include any subsidiary that is an insured additional exclusion applies: under any other general liability policy, or would This insurance does not apply to "bodily have been an insured under such a policy but for injury", "property damage" or "personal and termination of that policy or the exhaustion of that advertising injury" arising out of the policy's limits of liability. rendering of or the failure to render any I. BLANKET ADDITIONAL INSUREDS — AS professional services by or for you, REQUIRED BY CONTRACT including: 1. Section II — Who Is An Insured is amended to (1) The preparing, approving, or failing to include as an additional insured any person(s) or prepare or approve, maps, shop organization(s)subject to provisions in Paragraph drawings, opinions, reports, surveys, 2. below, (hereinafter referred to as additional field orders, change orders or drawings insured) when you and such person(s) or and specifications; or organization(s) have agreed in a written contract or written agreement that such person(s) or (2) Supervisory, inspection, architectural or organization(s) be added as an additional insured engineering activities. on your policy provided that the written contract or agreement is: CG7578.3(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 6 This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or a "Bodilyinjury", "property damage" or other wrongdoing in the supervision, hiring, O try ' p p y g employment, training or monitoring of personal and advertising injury arising out of operations performed others by that insured, if the "occurrence" w for the federal government, state or which caused the "bodily injury" or municipality; or "property damage", or the offense which caused the "personal and advertising (b) "Bodily injury' or "property damage" injury", involved the rendering of or the included within the "products- failure to render any professional services completed operations hazard". by or for you. e. Any vendor, but only with respect to "bodily c. Any manager or lessor of a premises injury' or "property damage" arising out of leased to you, but only with respect to "your products" which are distributed or sold liability arising out of the ownership, in the regular course of the vendor's maintenance or use of that part of a business. premises leased to you, subject to the With respect to the insurance afforded to following additional exclusions: these vendors, the following additional This insurance does not apply to: exclusions apply: (1) Any "occurrence" which takes place (1) The insurance afforded any vendor does after you cease to be a tenant in that not apply to: premises. (a) "Bodily injury" or "property damage" (2) Structural alterations, new construction for which any vendor is obligated to or demolition operations performed by pay damages by reason of the or on behalf of such additional insured. assumption of liability in a contract or d. Any state or governmental agency or agreement. This exclusion does not apply to liability for damages that any subdivision or political subdivision, subject to vendor would have in the absence of the following: the contract or agreement; (1) This insurance applies only with respect (b) Any express warranty unauthorized to the following hazards for which any by you; state or governmental agency or subdivision or political subdivision has (c) Any physical or chemical change in issued a permit or authorization in the product made intentionally by connection with premises you own, rent any vendor; or control and to which this insurance (d) Repackaging, except when applies: unpacked solely for the purpose of (a) The existence, maintenance, repair, inspection, demonstration, testing, construction, erection or removal of or the substitution of parts under advertising signs, awnings, instructions from the manufacturer, canopies, cellar entrances, coal and then repackaged in the original holes, driveways, manholes, container; marquees, hoist away openings, (e) Any failure to make such sidewalk vaults, street banners or inspections, adjustments, tests or decorations and similar exposures; servicing as any vendor has or agreed to make or normally (b) The construction, erection or undertakes to make in the usual removal of elevators; or course of business, in connection (c) The ownership, maintenance or use with the distribution or sale of the of any elevators covered by this products; insurance. (f) Demonstration, installation, (2) This insurance applies only with respect servicing or repair operations, to operations performed by you or on except such operations performed at any vendor's premises in your behalf for which any state or connection with the sale of the governmental agency or subdivision or product; political subdivision has issued a permit or authorization. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for any vendor; or CG7578.3(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 6 (h) "Bodily injury" or "property A person's or organization's status as an damage" arising out of the sole additional insured under this endorsement negligence of any vendor for its ends when their contract or agreement with own acts or omissions or those of you for such leased equipment ends. its employees or anyone else With respect to the insurance afforded to acting on its behalf. However, this these additional insureds, this insurance exclusion does not apply to: does not apply to any "occurrence" which (i) The exceptions contained in takes place after the equipment lease Subparagraphs (d) or(f); or expires. (i i) Such inspections, adjustments, i. Any Owners, Lessees, or Contractors for tests or servicing as any whom you are performing operations, but vendor has agreed to make or only with respect to liability for "bodily normally undertakes to make in injury", "property damage" or "personal and the usual course of business, advertising injury" caused, in whole or in in connection with the part, by: distribution or sale of the (1) Your acts or omissions; or products. (2) This insurance does not apply to any (2) The acts omissions of those acting on your behalf- insured person or organization, from whom you have acquired such in the performance of your ongoing products, or any ingredient, part or operations for the additional insured. container, entering into, accompanying A person's or organization's status as an or containing such products. additional insured under this endorsement f. Any Mortgagee, Assignee Or Receiver, but ends when your operations for that only with respect to their liability as additional insured are completed. mortgagee, assignee, or receiver and With respect to the insurance afforded to arising out of the ownership, maintenance, or use of the premises by you. these additional insureds, the following additional exclusions apply: This insurance does not apply to structural This insurance does not apply to: alterations, new construction and demolition operations performed by or for (1) "Bodily injury", "property damage" or that person or organization. "personal and advertising injury" arising g. Any Owners Or Other Interests From out of the rendering of, or the failure to render, any professional architectural, Whom Land Has Been Leased, but only with respect to liability arising out of the engineering or surveying services, ownership, maintenance or use of that part including: of the land leased to you. (a) The preparing, approving, or failing With respect to the insurance afforded to to prepare or approve, maps, shop drawings, opinions, reports, these additional insureds, the following surveys, field orders, change additional exclusions apply: orders or drawings and (1) This insurance does not apply to: specifications; or (a) Any "occurrence" which takes (b) Supervisory, inspection, place after you cease to lease that architectural or engineering land; activities. (b) Structural alterations, new This exclusion applies even if the claims construction or demolition against any insured allege negligence or operations performed by or on other wrongdoing in the supervision, hiring, behalf of such additional insured. employment, training or monitoring of h. Any person or organization from whom you others by that insured, if the "occurrence" lease equipment, but only with respect to which caused the bodily injury or liability for "bodily injury", "property "property damage", or the offense which damage" or "personal and advertising caused the "personal and advertising injury" caused, in whole or in part by your injury , involved the rendering of or the maintenance, operation or use of failure to render any professional equipment leased to you by such person(s) architectural, engineering or surveying or organization(s). services. CG7578.3(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 6 (2) 'Bodily injury" or "property damage" a. Required by the contract or agreement; or occurring after: b. Available under the applicable Limits of (a) All work, including materials, parts Insurance shown in the Declarations; or equipment furnished in whichever is less. connection with such work, on the project (other than service, This endorsement shall not increase the maintenance or repairs) to be applicable Limits of Insurance shown in the performed by or on behalf of the Declarations. additional insured(s) at the location J. COVERAGE FOR INJURY TO CO-EMPLOYEES of the covered operations has been AND/OR YOUR OTHER VOLUNTEER WORKERS completed; or Section II—Who is an Insured, Paragraph 2.a. (1) (b) That portion of "your work" out of is amended to add the following: which the injury or damage arises e. Paragraphs (a), (b), and (c) do not apply to has been put to its intended use by your "employees" or "volunteer workers" with any person or organization other respect to "bodily injury" to a co-"employee" or than another contractor or other"volunteer worker". subcontractor engaged in performing operations for a Damages owed to an injured co-"employee" or principal as a part of the same "volunteer worker" will be reduced by any project. amount paid or available to the injured co- j. Any Grantor of Licenses to you, but only "employee" or "volunteer worker" under any with respect to their liability as grantor of other valid and collectible insurance. licenses to you. K. HEALTH CARE SERVICE PROFESSIONALS AS Their status as additional insured under INSUREDS- INCIDENTAL MALPRACTICE this endorsement ends when: Section II—Who is an Insured, Paragraph 2.a. (1) 1. The license granted to you by such (d) is amended as follows: person(s) or organization(s) expires; or This provision does not apply to Nurses, 2. Your license is terminated or revoked Emergency Medical Technicians, or Paramedics by such person(s) or organization(s) who provide professional health care services on prior to expiration of the license as your behalf. stipulated by the contract or However this exception does not apply if you are in agreement. the business or occupation of providing any such k. Any Grantor of Franchise, but only with professional services. respect to their liability as grantor of a L. NEWLY FORMED OR ACQUIRED ORGANIZATIONS franchise to you. Section II — Who Is An Insured, Paragraph 3.a. is I. Any Co-owner of Insured Premises, but replaced by the following: only with respect to their liability as co- 3.a. Coverage under this provision is afforded until owner of any insured premises. the end of the policy period. m. Any Concessionaires Trading Under Your This provision does not apply if newly formed Name, but only with respect to their liability or acquired organizations coverage is as a concessionaire trading under your excluded either by the provisions of the name. Coverage Form or by endorsements. 3. Any insurance provided to any additional M. DAMAGE TO PREMISES RENTED TO YOU insured does not apply to "bodily injury","property damage" or"personal and advertising 5ection III — Limits of Insurance, Paragraph 6. is injury arising out of the sole negligence or replaced by the following: willful misconduct of the additional insured or its Subject to 5.a. above, the Damage To Premises agents, "employees" or any other Rented To You Limit, or $500,000, whichever is representative of the additional insured. higher, is the most we will pay under Coverage A 4. With respect to the insurance afforded to these for damages because of "property damage" to any additional insureds, the following is added to one premises, while rented to you, or in the case of Section III— Limits of Insurance: damage by fire, lightning, explosion, smoke or leakage from automatic protection systems, while If coverage provided to any additional insured rented to you or temporarily occupied by you with is required by a contract or agreement, the permission of the owner. most we will pay on behalf of the additional insured is the amount of insurance: CG7578.3(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 6 N. MEDICAL PAYMENTS— INCREASED LIMITS (1) The additional insured is a Named Insured under Section III — Limits of Insurance, Paragraph 7. is such other insurance; and replaced by the following: (2) You have agreed in writing in a contract or 7. Subject to Paragraph 5. above, $10,000 is the agreement that this insurance would be primary Medical Expense Limit we will pay under and would not seek contribution from any other Coverage C for all medical expenses because insurance available to the additional insured. of "bodily injury" sustained by any one person, However, if the additional insured has been added unless the amount shown on the Declarations as an additional insured on other policies, whether of this Coverage Part for Medical Expense Limit primary, excess, contingent or on any other basis, states: this insurance is excess over any other insurance (a) No Coverage; or regardless of the written agreement between you (b) $1,000; or and an additional insured. Q. UNINTENTIONAL FAILURE TO DISCLOSE (c) $5,000; or EXPOSURES (d) A limit higher than $10,000. Section IV — Commercial General Liability O. DUTIES IN THE EVENT OF OCCURRENCE, Conditions Paragraph 6. Representations is OFFENSE, CLAIM OR SUIT amended to add the following: Section IV — Commercial General Liability If you unintentionally fail to disclose any exposures Conditions Paragraph 2. is amended to add the existing at the inception date of your policy, we will not following: deny coverage under the Coverage Form solely 1. The requirement in Condition 2.a. that you must because of such failure to disclose. However, this see to it that we are notified as soon as provision does not affect our right to collect additional practicable of an "occurrence" or an offense premium or exercise our right of cancellation or non- which may result in a claim, applies only when renewal. the "occurrence" or offense is known to: This provision does not apply to any known injury or (1) You, if you are an individual or a limited damage which is excluded under any other provision of liability company; this policy. (2) A partner, if you are a partnership; R. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (3) A member or manager, if you are a limited liability company; Section IV — Commercial General Liability Condition Paragraph 8. Transfer Of Rights Of (4) An "executive officer" or insurance Recovery Against Others To Us is amended to add manager, if you are a corporation; or the following: (5) A trustee, if you are a trust. We waive any right of recovery we may have against 2. The requirement in Condition 2.b. that you any person or organization because of payments we must see to it that we receive notice of a claim make for injury or damage arising out of: or "suit" as soon as practicable will not be 1. Your ongoing operations;or considered breached unless the breach occurs after such claim or"suit" is known to: 2. "Your work" included in the "products-completed (1) You, if you are an individual or a limited operations hazard". ability company; However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a (2) A partner, if you are a partnership; contract or agreement, and only if the contract or (3) A member or manager, if you are a limited agreement: liability company; 1. Is in effect or becomes effective during the term of (4) An "executive officer" or insurance this policy;and manager, if you are a corporation; or 2. Was executed prior to loss. (5) A trustee, if you are a trust. S. MENTAL ANGUISH P. PRIMARY AND NONCONTRIBUTORY — Section V—Definition 3.is replaced by the following: ADDITIONAL INSURED EXTENSION "Bodily injury' means bodily injury, sickness or disease Section IV — Commercial General Liability sustained by a person, including mental anguish or Conditions Paragraph 4. Other Insurance is amended to add the following: death resulting from bodily injury, sickness or disease. This insurance is primary to and will not seek T. LIBERALIZATION contribution from any other insurance available to If we revise this endorsement to provide greater an additional insured under your policy provided coverage without additional premium charge, we will that: automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CG7578.3(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 6 of 6 Policy Number: 6D3-34-02 COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US TO PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT This policy is subject to the following additional Conditions: If we cancel this policy by notice to the first Named Insured, for any statutorily permitted reason other than for non- payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to any person(s) or organization(s) with whom you have agreed in a written contract or agreement to provide such person(s) or organization(s) with a notice of cancellation but only if: 1. You have provided the name and address of such person(s) or organization(s)to your authorized agent; and 2. Your authorized agent provides us with that list within three (3) business days from the date we request it from them. If notice is mailed, proof of mailing to the last known mailing address of such person(s) or organization(s) will be sufficient proof of notice. Failure to provide such notice to such person(s) or organization(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us, our agents or our representatives. IL7447.6(10-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 Policy Number: 6E3-34-02 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL C. EMPLOYEES AS INSUREDS DAMAGE The following is added to the Section II — Covered Section I — Covered Autos Paragraph C. Certain Autos Liability Coverage, Paragraph A.I. Who Is Trailers, Mobile Equipment, and Temporary An Insured provision: Substitute Autos is amended by adding the Any"employee" of yours is an "insured" while using following: a covered "auto" you don't own, hire or borrow in If Physical Damage Coverage is provided by this your business or your personal affairs. coverage form for an "auto" you own, the Physical D. EMPLOYEE HIRED AUTOS Damage Coverages provided for that owned "auto" are extended to any "auto" you do not own 1. Changes In Covered Autos Liability while used with the permission of its owner as a Coverage temporary substitute for the covered "auto" you The following is added to the Who Is An own that is out of service because of breakdown, Insured provision: repair, servicing, "loss" or destruction. An "employee" of yours is an "insured" while The coverage provided is the same as the operating an "auto" hired or rented under a coverage provided for the vehicle being replaced. contract or agreement in an "employee's" B. AUTOMATIC ADDITIONAL INSUREDS name, with your permission, while performing The Who Is An Insured provision under Covered duties related to the conduct of your business. 2. Changes In General Conditions Autos Liability Coverage is changed to include the following as an "insured": Paragraph 5.b. of the Other Insurance 1. Where Required by a Contract or Agreement Condition in the Business Auto Coverage Form is replaced by the following: the following is added: For Hired Auto Physical Damage Coverage, the The Who Is An Insured provision contained in the following are deemed to be covered "autos" Business Auto Coverage Form is amended to add the following: you own: a Any covered "auto" you lease, hire, rent or Any person or organization whom you become borrow; and obligated to include as an additional insured under this policy, as a result of any contract or agreement b. Any covered "auto" hired or rented by your you enter into which requires you to furnish "employee" under a contract in an insurance to that person or organization of the type "employee's" name, with your permission, provided by this policy, but only with respect to while performing duties related to the liability covered by the terms of this policy, arising conduct of your business. out of the use of a covered "auto" you own, hire or However, any "auto" that is leased, hired, rented or borrow and resulting from the acts or omissions by borrowed with a driver is not a covered "auto". you, any of your "employees" or agents. The E. NEWLY FORMED OR ACQUIRED insurance provided herein will not exceed: ORGANIZATIONS (1) The coverage and/or limits of this policy, or Section II — Covered Autos Liability Coverage, (2) The coverage and/or limits required by said A.1. Who Is An Insured is amended by adding the contract or agreement, following: whichever is less. CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 5 Any organization which you acquire or form after I. TOWING the effective date of this policy in which you Section III — Physical Damage Coverage, A.2. maintain ownership or majority interest. However: Towing is replaced with the following: (1) Coverage under this provision is afforded only We will pay for towing and labor costs incurred, up to 180 days after you acquire or form the subject to the following: organization, or to the end of the policy period, whichever is earlier. a. Up to $100 each time a covered "auto" of the (2) Any organization you acquire or form will not be private passenger type is disabled; or considered an "insured" if: b. Up to $500 each time a covered "auto" other (a) The organization is a partnership or a joint than the private passenger type is disabled. venture; or However, the labor must be performed at the place (b) That organization is covered under other of disablement. similar insurance. J LOCKSMITH SERVICES (3) Coverage under this provision does not apply Section III — Physical Damage Coverage, A.4. to any claim for "bodily injury" or "property Coverage Extensions is amended by adding the damage" resulting from an "accident" that following: occurred before you formed or acquired the We will pay up to $250 per occurrence for organization. necessary locksmith services for keys locked inside F. SUBSIDIARIES AS INSUREDS a covered private passenger "auto". The deductible is waived for these services. Section II — Covered Autos Liability Coverage, K. TRANSPORTATION EXPENSES A.I. Who Is An Insured is amended by adding the following: Section III — Physical Damage Coverage, A.4. Any legally incorporated subsidiary in which you Coverage Extensions Subparagraph a. own more than 50% of the voting stock on the Transportation Expenses is replaced by the effective date of this policy. However, "insured" following: does not include any subsidiary that is an "insured" (1) We will pay up to $75 per day to a maximum of under any other automobile liability policy or was an $2,500 for temporary transportation expense "insured" under such a policy but for termination of incurred by you because of the total theft of a that policy or the exhaustion of the policy's limits of covered "auto" of the private passenger type. liability. We will pay only for those covered "autos" for G. SUPPLEMENTARY PAYMENTS which you carry either Comprehensive or Section II — Covered Autos Liability Coverage, Specified Cause Of Loss Coverage. We will pay for temporary transportation expenses A.2.a. Coverage Extensions, Supplementary incurred during the period beginning 48 hours Payments (2) and {4) are replaced by the after the theft and ending, regardless of the following: policy's expirations, when the covered "auto" is (2) Up to $5,000 for cost of bail bonds (including returned to use or we pay for its "loss". bonds for related traffic law violations) required (2) If the temporary transportation expenses you because of an "accident" we cover. We do not incur arise from your rental of an "auto" of the have to furnish these bonds. private passenger type, the most we will pay is (4) All reasonable expenses incurred by the the amount it costs to rent an "auto" of the "insured" at our request, including actual loss of private passenger type which is of the same earnings up to $500 a day because of time off like kind and quality as the stolen covered from work. "auto". H. FELLOW EMPLOYEE COVERAGE L. AUDIO, VISUAL, AND DATA ELECTRONIC In those jurisdictions where, by law, fellow EQUIPMENT COVERAGE ADDED LIMITS employees are not entitled to the protection Audio, Visual, And Data Electronic Equipment afforded to the employer by workers compensation Coverage Added Limits of$5,000 Per"Loss" are in exclusivity rule, or similar protection. The following addition to the sublimit in Paragraph C.1.b. of the provision is added: Limits Of Insurance provision under Section III — Subparagraph 5. of Paragraph B. Exclusions in Physical Damage Coverage. Section II — Covered Autos Liability Coverage M. HIRED AUTO PHYSICAL DAMAGE does not apply if the "bodily injury" results from the Section III — Physical Damage Coverage, A.4. use of a covered "auto"you own or hire. Coverage Extensions is amended by adding the following: CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 5 If hired "autos" are covered "autos" for Liability O. PERSONAL PROPERTY OF OTHERS Coverage, and if Comprehensive, Specified Section III — Physical Damage Coverage, A.4. Causes of Loss, or Collision coverage is provided Coverage Extensions is amended by adding the for any "auto" you own, then the Physical Damage following: coverages provided are extended to "autos" you We will pay up to $500 for loss to personal property hire, subject to the following limit and deductible: of others in or on your covered "auto." (1) The most we will pay for loss to any hired "auto" is the lesser of Actual Cash Value or This coverage applies only in the event of "loss" to Cost of Repair, minus the deductible. your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered (2) The deductible will be equal to the largest "auto's" collision with another object, or the covered deductible applicable to any owned "auto" for "auto's" overturn. that coverage. No deductible applies to "loss" No deductibles apply to this coverage. caused by fire or lightning. P. PERSONAL EFFECTS COVERAGE (3) Subject to the above limit and deductible provisions, we will provide coverage equal to Section III — Physical Damage Coverage, A4. the broadest coverage applicable to any Coverage Extensions is amended by adding the covered "auto"you own. following: We will pay up to $1,000, in addition to the limit We will pay up to $500 for "loss" to your personal above, for loss of use of a hired auto to a effects not otherwise covered in the policy or, if you leasing or rental concern for a monetary loss are an individual, the personal effects of a family sustained, provided it results from an "accident" member, that is in the covered auto at the time of the for which you are legally liable. "loss". However, any "auto" that is leased, hired, rented or For the purposes of this extension personal effects borrowed with a driver is not a covered "auto". means tangible property that is worn or carried by an insured including portable audio, visual, or electronic N. AUTO LOAN OR LEASE COVERAGE devices. Personal effects does not include tools, Section III — Physical Damage Coverage jewelry, guns, money and securities, or musical Paragraph A.4. Coverage Extensions is amended instruments by the addition of the following: Q. EXTRA EXPENSE FOR STOLEN AUTO In the event of a total "loss" to a covered "auto" Section III — Physical Damage Coverage, A4. which is covered under this policy for Coverage Extensions is amended by adding the Comprehensive, Specified Cause of Loss, or following: Collision coverage, we will pay any unpaid amount We will pay up to $1,000 for the expense incurred due, including up to a maximum of $500 for early returning a stolen covered "auto" to you because of termination fees or penalties, on the lease or loan the total theft of such covered "auto". Coverage for a covered "auto", less: applies only to those covered "autos" for which you 1. The amount paid under the Physical Damage carry Comprehensive or Specified Causes Of Loss Coverage Section of the policy; and Coverage. 2. Any: R. RENTAL REIMBURSEMENT a. Overdue lease/loan payments at the time Section III — Physical Damage Coverage, A.4. of the "loss"; Coverage Extensions is amended by adding the b. Financial penalties imposed under a lease following: for excessive use, abnormal wear and tear 1. This coverage applies only to a covered "auto"for or high mileage; which Physical Damage Coverage is provided c. Security deposits not returned by the on this policy. 2. We will pay for rental reimbursement expenses lessor; incurred by you for the rental of an "auto" d. Costs for extended warranties, Credit Life because of "loss" to a covered "auto". Payment Insurance, Health, Accident or Disability applies in addition to the otherwise applicable Insurance purchased with the loan or lease; amount of each coverage you have on a covered and "auto". No deductibles apply to this coverage. e. Carry-over balances from previous loans or 3. We will pay only for those expenses incurred leases. during the policy period beginning 24 hours Coverage does not apply to any unpaid amount after the "loss" and ending, regardless of the due on a loan for which the covered "auto" is not policy's expiration, with the lesser of the the sole collateral. following number of days. CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 6 a. The number of days reasonably required to For the purposes of this coverage extension a new repair or replace the covered "auto". If covered auto is defined as an "auto" of which you are "loss" is caused by theft, this number of the original owner that has not been previously titled days is added to the number of days it which you purchased less than 180 days prior to the takes to locate the covered "auto" and date of loss. return it to you; or U. LOSS TO TWO OR MORE COVERED AUTOS b. 30 days. FROM ONE ACCIDENT 4. Our payment is limited to the lesser of the Section III — Physical Damage Coverage, D. following amounts: Deductible is amended by adding the following: a. Necessary and actual expenses incurred; If a Comprehensive, Specified Causes of Loss or or Collision Coverage"loss"from one"accident' involves two or more covered "autos", only the highest b. $75 per day, subject to a $2,250 limit. deductible applicable to those coverages will be 5. This coverage does not apply while there are applied to the"accident". spare or reserve "autos" available to you for If the application of the highest deductible is less your operations. favorable or more restrictive to the insured than the 6. If "loss" results from the total theft of a covered separate deductibles as applied in the standard form, "auto" of the private passenger type, we will the standard deductibles will apply. pay under this coverage only that amount of This provision only applies if you carry your rental reimbursement expenses which is Comprehensive, Collision or Specified Causes of not already provided for under the Physical Loss Coverage for those vehicles, and does not Damage — Transportation Expense Coverage extend coverage to any covered "autos"for which you Extension included in this endorsement. do not carry such coverage. 7. Coverage provided by this extension is excess V. WAIVER OF DEDUCTIBLE — GLASS REPAIR OR over any other collectible insurance and/or REPLACEMENT endorsement to this policy. Section III — Physical Damage Coverage, D. S. AIRBAG COVERAGE Deductible is amended by adding the following: Section III — Physical Damage Coverage, B.3.a. If a Comprehensive Coverage deductible is shown in Exclusions is amended by adding the following: the Declarations it does not apply to the cost of If you have purchased Comprehensive or Collision repairing or replacing damaged glass. Coverage under this policy, the exclusion relating to W. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, mechanical breakdown does not apply to the SUIT,OR LOSS accidental discharge of an airbag. Section IV — Business Auto Conditions, A.2. T. NEW VEHICLE REPLACEMENT COST Duties In The Event Of Accident, Claim, Suit Or The following is added to Paragraph C. Limit Of Loss is amended by adding the following: Insurance of Section III — Physical Damage Your obligation to notify us promptly of an "accident", Coverage claim, "suit" or "loss" is satisfied if you send us the In the event of a total "loss" to your new covered auto required notice as soon as practicable after your of the private passenger type or vehicle having a Insurance Administrator or anyone else designated by gross vehicle weight of 20,000 pounds or less, to you to be responsible for insurance matters is notified, which this coverage applies, we will pay at your or in any manner made aware, of an "accident', claim, option: "suit"or"loss". a. The verifiable new vehicle purchase price you X. WAIVER OF TRANSFER OF RIGHTS OF paid for your damaged vehicle, not including any RECOVERY insurance or warranties. Subparagraph 5. of Paragraph A. Loss Conditions b. The purchase price, as negotiated by us, of a of Section IV — Business Auto Conditions is new vehicle of the same make, model, and deleted in its entirety and replaced with the following. equipment, or most similar model available, not Transfer Of Rights Of Recovery Against Others including any furnishings, parts, or equipment not To Us installed by the manufacturer or their dealership. If any person or organization to or for whom we c. The market value of your damaged vehicle, not make payment under this Coverage Form has including any furnishings, parts, or equipment not rights to recover damages from another, those installed by the manufacturer or their dealership. rights are transferred to us. That person or We will not pay for initiation or set up costs associated organization must do everything necessary to with a loans or leases. secure our rights and must do nothing after "accident" or"loss"to impair them. CA7450(11-17) Includes copyrighted material of ISO Properties,Inc,with its permission. Page 4 of 5 However, we waive any right of recovery we may Z. MENTAL ANGUISH have against any person, or organization with Section V — Definitions, C. is replaced by the whom you have a written contract, agreement or following: permit executed prior to the "loss" that requires a "Bodily injury' means bodily injury, sickness or waiver of recovery for payments made for damages disease sustained by a person, including mental arising out of your operations done under contract anguish or death resulting from bodily injury, sickness with such person or organization. or disease. Y. UNINTENTIONAL FAILURE TO DISCLOSE AA, LIBERALIZATION EXPOSURES If we revise this endorsement to provide greater Section IV — Business Auto Conditions, B.2. coverage without additional premium charge, we will Concealment, Misrepresentation, Or Fraud is automatically provide the additional coverage to all amended by adding the following: endorsement holders as of the day the revision is If you unintentionally fail to disclose any exposures effective in your state. existing at the inception date of this policy, we will not deny coverage under this Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. CA7450(11-17) Includes copyrighted material of ISO Properties,Inc,with its permission. Page 5 of 5 Policy Number: 6E3-34-02 COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US TO PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT This policy is subject to the following additional Conditions: If we cancel this policy by notice to the first Named Insured, for any statutorily permitted reason other than for non- payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to any person(s) or organization(s) with whom you have agreed in a written contract or agreement to provide such person(s) or organization(s) with a notice of cancellation but only if: 1. You have provided the name and address of such person(s) or organization(s)to your authorized agent; and 2. Your authorized agent provides us with that list within three (3) business days from the date we request it from them. If notice is mailed, proof of mailing to the last known mailing address of such person(s) or organization(s) will be sufficient proof of notice. Failure to provide such notice to such person(s) or organization(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us, our agents or our representatives. IL7447.6(10-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 Policy Number: 6E3-34-02 COMMERCIAL AUTO CA04491116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 Policy Number: 6J3-34-02 COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following is added to Section III — Limits of (a) The additional insured is a Named Insurance: Insured under such other We will not pay more on behalf of the additional insurance; insured than the lesser of: (b) You have agreed in writing in a 1. The Limits of Insurance required in a written contract or agreement that this contract on a non-contributory basis for such insurance would be primary and additional insured, but only to the extent the would not seek contribution from required Limits of Insurance are in excess of the any other insurance available to the "underlying insurance"; or additional insured. 2. The Limits of Insurance available after the When this insurance is excess, we will payment of "ultimate net loss" on any insured's have no duty under Coverages A or B behalf from any claim or"suit". to defend the insured against any "suit" if any other insurer has a duty to defend This provision is included within and does not act to the insured against that "suit". If no increase the Limit of Insurance stated in the other insurer defends, we will undertake Declarations. to do so, but we will be entitled to the Coverage will not be broader than the coverage insured's rights against all those other provided by the "underlying insurance" listed in the insurers. "Schedule of Underlying Coverages". b. When this insurance is excess over other B. Paragraph S.of Section IV—Conditions is replaced insurance, we will pay only our share of the by the following: °ultimate net loss"that exceeds the sum of: 5. Other Insurance (1) The total amount that all such other a. This insurance is excess over, and shall not insurance would pay for the loss in the contribute with any of the other insurance, absence of the insurance provided whether primary, excess, contingent or on under this Coverage Part; and any other basis. However: (2) The total of all deductible and (1) This condition will not apply to other self-insured amounts under all that insurance specifically written as excess other insurance. over this Coverage Part. (2) The insurance provided under this Coverage Part is primary to and will not seek contribution from any other insurance available to an additional insured, provided that: CU7468(1-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 Policy Number: 6J3-34-02 COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The Transfer of Rights Of Recovery Against Others To Us Condition under Section IV— Conditions is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or"yourwork"done under a contract with the person or organization and included in the"products-completed operations hazard". CU7460(12-15) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 TepvxasmutuA®R WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 5/13/22 at 12:01 a.m.standard time,forms a part of: Policy no. 0001252254 of Texas Mutual Insurance Company effective on 5/13/22 Issued to: C GREEN SOAPING LP This is not a bill Authorized representative NCCI Carrier Code: 29939 5/13/22 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B Texasm.t.z WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy 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 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 5/13/22 at 12:01 a.m.standard time,forms a part of: Policy no. 0001252254 of Texas Mutual Insurance Company effective on 5/13/22 Issued to: C GREEN SOAPING LP This is not a bill Authorized representative NCCI Carrier Code: 29939 5/13/22 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 06 01 MERCHANT BONDING COMPANY. May 10,2022 City of Fort'Worth 200 Texas Strl Fort Worth,TX 76102 IEEE: Bond TXC614206 C. Crccn Scaping, LP Please let this letter serve as authorization for the City of Fort Worth to date the above referenced band and Po cr of Attorney farms, Thank you. Sincerely, Cody White Assistant Vice President sheet mailing tAl free 800.678.8171 email WoOrnerchant bow ing.cum 67004Wes1aaaoParkway P.O.Box 14498 ko-ul 516.243.S171 webslte merch€nlshcnding corn Wesi Des Moines,IA 50286-7754 Res Moines,IA 50306-3498 fax 515.24&M54 ou 61 14-1 Bond No:TXC614206 PAYMENT BOND Page I vr2 1 SECTION 00 61 14 2 PAYf4 FNT BOND 3 4 THE STATE OF TES § 5 § KNOW ALL BY THESU PRF,5ENTS: G COUNTY OF TARRANT § 7 That wc, C. Cgcenscaping, LP, known as "Principal" herein, and g Merchants Bonding Company(Mutual) I a corporate Surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein Io (whether one or inore), arc held and firmly 'bound un(o the City of Fort Werth, a Munie-ipal l 1 corporation created pursuant to the laws of Iltc State of Texas, known as "City" herein, in the 12 penal sung of Four Hundred Seven Thousand Three Ilrnidred altd ThiM mid 001IO0 Dollars 13 (5407,330.90 , lawful money of the united States, to be paid in fort Worth, Tarrant Counly, 14 Texas, fur the payment of which sum well and tnily be trade, we bind ourselves; out- heirs, 15 executors,administrate ,successors and assigns,jointly and severally, firmly by these pr nts: 15 WHEREAS, Principal has entered into a certain written Conlracl with,City,awarded the 17 3 day of April, 2021, which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth b rcin, to furnish all materials, equipment, labor and ether 19 accessories as defitled by law, in the pI aseCutioll of the Work as provided for in said Contract and 20 designated as 2022 Brick Rehabilitatior at Waripus Locations,City_Proiect Number 1037 22. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Principal shall pay all monies cawing, to any (anti all) payment bond beneficiary (as defined in 23 Chapter 2253 of the Texas Government Code, as amended) in the prowcutivn of the Work udder 24 the Contract, then this obligation shall be and become null and void, otherwise to remain in fail 25 force and effect. 26 This bond is made acid executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 I CITY OF FORT WUR111 2022 Brick RehaHilluainn STANDARD CON STRUMIONSPRC'I FICA MYN DOCUMENTS City ProjectNwnbur tU3742 11trised dully 1,2fl-11 Bond Nm 7XC614206 use[rl 14 z I'hYAAE1+FI'130IVD Pago 2 of 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and ofCtccrs on this the 1 YtAL'day of 3 ,20 4 PRINCI?AL C. Greenscaping, LP ATTEST: BY: Signature (Principal ecrelary Name and Title Address; 2401 1 Imil ey Ederville Rd r Fart worth, rx 75118 Witness as to Principal SURETY: Merchants Bonding Campagy(Mutual) PO Sox 144W Des 1 6ines 1A 50306-3498 ATTEST; BY: Si u 0"11,VV-Vt ��{6S'yw-}f,,- ,Jeff P King-Attorney in Fact (Surety)Secretary / Name and Title •{ 1 i / Address: 630 S IH 35E i Denton Texas 76205 Witness as to Surety Telephone Number: 940-382-969 S b Nate: If signed by an officer of the Surety, there trust be on file a certified extract Ervin the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address, is different froin its mailing address, both must be provided. 9 10 The slate of the band shall not be prier to the date the Contract is awarded. 11 END OF SECTION 12 CITY 01�POWl'W IUM 21G:.2 Brick Rchabilitazinn STANDARD CONSTRUCTION SPECIFICATMI LKWUMENIS My FavjW Numtmr 103742 Revised July 1.201 l 006113-1 Bond No; TXGH14206 FP-PF011MANCE DWI) t'age 1 of 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OFT EXAS § 5 § KNOW ALL BY THESE PJtESENT$: f, COUNTY OF TARRANT § 7 That we C_Greenscaping,LP, known as"Principal"herein and 8 Merchants 8oncting Company(Mutual) ,a corporate sanety(surelies, if more than 4 one)duly authorized to d4 business in the State of Texas,mown as"Surety"herein(whether one 10 or mare),are held and firmly bound unto the City of Fart Worth,a municipal corporation created 11 pursuant to the laws of Texas, known as"City"lierein, in the pens l soul of,Four HLLn.drled and 12 Seven Thousand,Three Hundred and Thirty and &100 Dollars t b IM330.011),lawfid money of 13 the United States,to be paid in Fort Worth,Tarrant County,`texas for the payment of which sung 14 well and truly to be made,we bind ourselves,our heirs,executors, administrators,successors and 15 assigns,jointly anti generally,firmly by these presents, Ede WHEREAS,the Principal has elatered into a certain written contract with the City 17 awarded the 13 day of April,,2021,which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set North herein,to furnish all materials, equipment labor and other 19 accemries defined by law,in the prosecution of the Wcrk, including any Change Orders,as 20 provided for in said Contrse`t designated as 2022 Erick Rehabilitation at Various Locations,City 21 Pro lect.Ngmber 103741 22 NOW,THERF FOR,lE,the condition of this ubligation is such that if the said Principal. 23 shall faithfully perform it obligations under the Contract and shal l in all respects duly and 24 ruithfully perform the Work,including Change Orders, under the Contract,according to the plans, 25 specifications, and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may he granted on the,pail of the City,then this obligation stall be 27 and become null and Vold, otherwise to rernal.n in full force and effect, 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the LJnited States District Court for the Northern District of Texas, Fort 30 'Worth Dlvision, CITY OF FORT WORTH 2022 Brick Av.habilitaition STANDARD CONSTR11C710N SPECIF1C:AUM DOCUMENTS coy Prgject t Juba 101742 Rev iced Jailor I,2011 VU 61 13-2 Bond No; TXC614206 PERFORMANCE BON1] page 2 of a 1. This band is made and executed in Compliance;with the previsions of Chapter 2253 of tile 2 Texas Government Code,as arnendcd,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN W1'iYESS WHEREOF, the Principal and the Surety have SIGNET)and SEALED 5 this instrument by duly authorizcd agcnts and officers on this the YI— day of 6 ,20 7 PRINCIPAL: $ C.Greenscapimg,LP 9 10 f I 1 BY; 12 Signature 13 ATTEST: 14 , + I -� 15 .CeV. '� H ri°to 1JI�. .66en} 16 (Pr,inci13a ecretary 6 Name and Title 17 18 Address;2401 Handley Ederville Rd 19 Foli 1klorth,TX 751 1 K 20 2l 22 Witness as to Principal 23 SURETY: 24 1wlarchanlsBonding Company(Mutual) 25 PO Box 14498 Des, ninon IA 50306-3498 26 27 BY: 28 a lr 29 30 Je#f P King-Attorney in Fact 31 Name acid Title 32 • Address, 820SIH35E 34 . Denton T® s 7624 35 _ 36 e 37 Witness as to Surety Telephone Number: 940-3$2-969 38 39 40 41 '`Note; If signed by an officer of the Surety Compasty,therc must be on file a Certified cxtract 42 from the by-laws shoeing that this person has authority to sign such obligailon. If 43 Surety's physical address is different from its mailing addm& bath must be provided. 44 The date of the bond sltall not be prior to the date the Cotitract is awarded. 45 0 CITY'ojF T,01rr WO11.'1'H '022 nrkck Rehabilitation S'TANDARD CON STRUCTION SPFC1FICATtON DOCU?b91-,XF5 [_lt} ProjectNumbet 1V742 Reviwd3isly 1,2011 MEC HANT�. BONDING COMPANY- POWER OF ATTORNEY Know All Persons By 7have Prasants,that MERCHANTS BONDING COMPANY t MUTUAL)end MERCHANTS NATIONAL BONDING,INC- both being corporations of Cie$Wtd of ldwa(herein rollecuurrly callaal ih®`Cornpanles')du hereby amoku,conetilute and appoint,individually. Jeff p King their true and lawful Altorney(s)-in-Fact, to sign its narne as suraty(les) and to execute, seal and acknowledge any and all bonds, undertakings, oontract-n an.3 othar written Enelrum6nts in the nature thereof; on behalf of ihea Companies in their Gumnegs of guaranteeing the Gdalky of persons. guaranteeing the perPorm2nce of c5onnliacts and oxectiling or guaranteeing bonds a d undertakings required or permitted in any actions or proceeding*allowed by law: This Power-of-Altnrney Is granter■ end is signed and sealed by facsimile under and by authority Of Ulf! foltowong By-11-.aaws adopted ty the Roard of Riractors of W*Fchants Bending Company(Mutual) on April 23, 2011 and amended August 14,2015 and adopted 4 the Board of'Directors of MerrhantsNatfonal Bomiing,Inc.,on Octoter 16.2015, `The President, Secretary, Ira$surer, or any Assistant Treasurer or any Assistant Sai;rertaay rar airy Vice President shall Itava power and auftwrlly to appoint Alloineys•in-r=,act, and to aulhod:ne Mein td bsleWtB On, behalf of the Company, and attach the seat of the Curmpanq Illerelo. bands and undertakings,recognizances,contracts of nderaanity and other writings obligatory in the nature 11imepr,° 'The sig:,)ature of any nuthe6zed taf or and tha seal of the Company may be affixed by facsirnile of electronic lranamission to any Pio*er of Attorney or Grlrtificafion thereof authorizing the execution and dblivrary of any bunef, undarlaking, recognizance, e]r other suretysfilp obiigatlons of ffre Company,and such slgnafure and seal when so used shall have iha same force and effect ta5 Ihoogh tiranualty fixetd:° In cGrinection with obligalipnz in favor of the f;ioride Depeftmerl of Transporfatlon only.it is agreed thal the Power and aut hurity hereby gyuerri to the Attorney-in-Fact Includes any and all consents far The release of retained percentage$ anddor final a0rnales on engineering and construction contract.% required by Lha State of Flo6da Doiowtmernt of Transportation. It is fully kinderskond that consenting to the Stale of Florida Department ofTransp©rtalion marking payrnenf of the final estimate to the Contraclor and/or its assignee. shall not relieve Ihis surnly cnntpstny of any of its vblgaiioraa underlta bond. Inounriaction wfthobligotens in favorof the Kentucky Oepartmentof Flighwoys only.it is agreed that the power and sutharity hereby given to the Attomayin-Fact cannel be modified or eavokad unless prior written parsonal nonce of such intent has been given to the Commissioner- Department of Highways of the Communweatllt of Kentucky at least thirty(3u)days prior to Mlle Mtpolflcatlprr or revocation In Witness Wheraot,the Corrips nios haivo Caulad WI&inalrumenl to be signed and sealad this 12Ih day of Arril 2U2 �SYlI�Y Y�ilY ii ■3�34r y�4tOJ� ({p� MERCHANTS ANTS BCIyi?IIIG Cf]M+If'AkIV(MUTUAL)JX". :c.� `a ,` MERCHANT NATIONAL BONDING,INC. =� -a- . : * +• * Y!� r•'. 774— �.i�,\ {��r$$1ryQnt Ile COUNT YOC DAMAS sit. Of?fhle 12tii day of April 2022 before me appeared Lorry Taylor, to ma personally kno;nrn.who being by ma duly swrim dirt hale that he is President bf MERCHANTS OUNDfNG COMPANY (MILITUALI and MERCHANTS NATIONAL BONDING. INC., and that the saals alafud to■tam fvreyvirig instrument are the Corporate Semis of ilia Commpanles:and that the ea.d,nslruritienl was sighed and saalati In brehatf Or 1i a Gompanle,s by aijiibarq of their regpactiq@ Boards or tllrectors. VdAt FOLLY MASOW Commission Number750576 My CornT1'll&5IoTl FxpIres r4• Jbtllidny 07, 2023 r4'afmry f ubJrc (Expiration of nota+ry's contlnkmlon acres not Invalidate this Instrument) I,William Warner,Jr.,Secretary of MERCHANTS 130NONG COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC,,do hereby certify that the,above and foregoing is a true and correct copy of the POWER-ClF,ATTORNEY aitecuted by said aampani$s,whteh i5 811l7 infult force and elfecl and has nrst been amendad❑r revoked. In Witness Whereof. I have herwnlo seat my hand and afiix@d the&eal of the ompanles on thisfvfllny of19 �7� 2003 �t.4oti: +�t� fY1iJ �9.�.. �aGrefrary rS ou 61 14-1 Bond No:TXC614206 PAYMENT BOND Page I vr2 1 SECTION 00 61 14 2 PAYf4 FNT BOND 3 4 THE STATE OF TES § 5 § KNOW ALL BY THESU PRF,5ENTS: G COUNTY OF TARRANT § 7 That wc, C. Cgcenscaping, LP, known as "Principal" herein, and g Merchants Bonding Company(Mutual) I a corporate Surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein Io (whether one or inore), arc held and firmly 'bound un(o the City of Fort Werth, a Munie-ipal l 1 corporation created pursuant to the laws of Iltc State of Texas, known as "City" herein, in the 12 penal sung of Four Hundred Seven Thousand Three Ilrnidred altd ThiM mid 001IO0 Dollars 13 (5407,330.90 , lawful money of the united States, to be paid in fort Worth, Tarrant Counly, 14 Texas, fur the payment of which sum well and tnily be trade, we bind ourselves; out- heirs, 15 executors,administrate ,successors and assigns,jointly and severally, firmly by these pr nts: 15 WHEREAS, Principal has entered into a certain written Conlracl with,City,awarded the 17 3 day of April, 2021, which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth b rcin, to furnish all materials, equipment, labor and ether 19 accessories as defitled by law, in the pI aseCutioll of the Work as provided for in said Contract and 20 designated as 2022 Brick Rehabilitatior at Waripus Locations,City_Proiect Number 1037 22. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Principal shall pay all monies cawing, to any (anti all) payment bond beneficiary (as defined in 23 Chapter 2253 of the Texas Government Code, as amended) in the prowcutivn of the Work udder 24 the Contract, then this obligation shall be and become null and void, otherwise to remain in fail 25 force and effect. 26 This bond is made acid executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 I CITY OF FORT WUR111 2022 Brick RehaHilluainn STANDARD CON STRUMIONSPRC'I FICA MYN DOCUMENTS City ProjectNwnbur tU3742 11trised dully 1,2fl-11 Bond Nm 7XC614206 use[rl 14 z I'hYAAE1+FI'130IVD Pago 2 of 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and ofCtccrs on this the 1 YtAL'day of 3 ,20 4 PRINCI?AL C. Greenscaping, LP ATTEST: BY: Signature (Principal ecrelary Name and Title Address; 2401 1 Imil ey Ederville Rd r Fart worth, rx 75118 Witness as to Principal SURETY: Merchants Bonding Campagy(Mutual) PO Sox 144W Des 1 6ines 1A 50306-3498 ATTEST; BY: Si u 0"11,VV-Vt ��{6S'yw-}f,,- ,Jeff P King-Attorney in Fact (Surety)Secretary / Name and Title •{ 1 i / Address: 630 S IH 35E i Denton Texas 76205 Witness as to Surety Telephone Number: 940-382-969 S b Nate: If signed by an officer of the Surety, there trust be on file a certified extract Ervin the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address, is different froin its mailing address, both must be provided. 9 10 The slate of the band shall not be prier to the date the Contract is awarded. 11 END OF SECTION 12 CITY 01�POWl'W IUM 21G:.2 Brick Rchabilitazinn STANDARD CONSTRUCTION SPECIFICATMI LKWUMENIS My FavjW Numtmr 103742 Revised July 1.201 l _MMCH NI POWER OF ATTORNEY KoowAll Rer%o,ns By These Presents,that MERCHANTS RQUIylNG COMPANY IMUTLIALI and LIFRCHANTS NATIONAL BONDING,ING-, both tiaing corporations of lho Slate of Iowa(herein4�mlluctivoly called tho'Compon es')do liereDy rnake,;*Pslltute and appoint,indiyicually, Je#P King their true are lawkil Attlorne+y(s)-in-Face, to sign its name as sufely(i®s) and to execute, seal and acknowledge any and all bands, undalukrngs, c.pntrada And other written instrumenta in the nature thereof, on 00half of toes Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performanrA of oontraets and execuling or guaranteeing bands and undertakings required or permitted in anyactioi6 or procoedings allowed ov law. This Power-el-Rtlorney Is granted and IS signed #ihd sealed by I*",irlile under end by authpflty of the following Sy-Laws minptad by the Board al aireetors of Merchants Banding Company(Mutual)on ,April 23, 2011 and amended August 14, 2015 and adopted by the Uard of Lis eolorsof MercfianixNatiwlol Sonding,Inc.,on OUDber 16,2015. 'The President. Secretary, Treasurer, or any Aaslstant Treasurer or any Assistonl Secretary or any vice President shall have power and sulhorily W appolnt Allcmnys-in-Fact. and to aulharize them to execute An behalf of the Company, and attach the seal of the Company thereto. loonds and undertakings,reeNni7,arltes,contracts of+nd6mnity and other writings obligatory in IhB nnlum thereof.` The signature of any authadzed officer and the seal of the Company may bo arfixod by fapsim.le or alealronic trrirtiimi5sion to any Power of Attorney or C+yrtilicadon thereof awgionzing the exeCutddn and dell'very of any bond. undarokling, recvgnlzsnaa, cr other suretyship ebligatlLms of Lhe Company.and such slor1ature and seal whan w used Sall ihave tMe sxnne force and effect as zhaugh manually fixed.' In conneellon wilh obligatlons in favor of the Florida Deiparlrnenl al°Tiao5prxtatirxr only,it is agreed that ft power and out Invrity horetky given to the Atlomey-In-Fact includes any and all consents for pie rejeaga of retained percentages andfor final es mates on engineering and con5trucbon contracts nequlied by the Slate,or Florida Cfepartmeisv of Trenspartatan. It is fuAy understood Thal cnnsetnling to the State of Florida Diapartrnerrt of Transportation rnaklnig payment of the fiinai estimate to tha Contractor anditu As ass-ignee. shell not relieves Ihi9 surety crrnpany rif any of Its obl gatlona Under its bond. In connection with obligations in favor of the Kentucky Department of Highways only.it is agreed than The power and authority hnrahy given W the Attprnay-In-Fact cannot ba modirrad or revolted unless prior wrllleii patsonal notce of such Intent has boon given Lo the Ccxrrmissloner- Q41Aartrriant at Hlghways Cf the Comma"iselth or Kianluclty at lust thiirty(30)days pnor to the modllloation or rauocaWn In Wiitness Wharrce,the Companies have soused lhis instrument tube signed and s"Ied this 12(h def or April , 2022 }, P .: +i 1LCi CL�, .r MERCHANTS BONPINO COMPANY llMUTUA4L) O b5t 0 " $ C4 ` {) +.f $¢'i MERCHANTS NATIONAL BONDING,INC. 2033 By N + + & STATi"{9F'ICWA •F+'+i e a +i+ ��■ prosidaill i• GOUNTVOFLIALt_ASss. ''err...+�i'' �'+►## On third 12th clByof April D22 before me appeared Larry Taylor, to me personally knuivn.w4a be;nq by arse dLMy sword &i say-Ilrat he Is Preaidam of MERCHANTS BONDING COMPANY (MUTUAL)and N1ERCFiANT$ NATIONAL PONDING° INC.; and vial the beats afriXed to the foregoing instrument are the Cdrpofdle Sefila al the CdrT4MI`lies;said Lhat the said msliufnent was signed and sealed in behalf of the Companies by authority or their respective Boards a uIrectors. "Y 0 POLLY MASON x -0.o+ Commission Number 750576 My Commission ExjaresPq p � q al1Ut ly 7, 0 ,,NorWy Pa l e (Expiration of nolary'e cammtission doles not Invalidate this Instrument) I,William Warner,3r-,Saaralary of MERCHANTS 150ND1,NG COMPANY(MILITUAL)and MERCHANTS NATIONAL BONDING,INC,,do hereby certify I the above,and lore4plrrg itr a true and corded copy of tho POWER-OF-AlTQRNEY executed tsy said UOMPanneg,Whlohiir edit in lull force,and effeci and has not been amended or revoked, &I In Whriess Whereof.I have hereunto sell my viand and a0i I tt o s6al Vr Iho Corivanlas on this�' day of A%lo if //'+r* •°q i f s C _MMCH NI POWER OF ATTORNEY KoowAll Rer%o,ns By These Presents,that MERCHANTS RQUIylNG COMPANY IMUTLIALI and LIFRCHANTS NATIONAL BONDING,ING-, both tiaing corporations of lho Slate of Iowa(herein4�mlluctivoly called tho'Compon es')do liereDy rnake,;*Pslltute and appoint,indiyicually, Je#P King their true are lawkil Attlorne+y(s)-in-Face, to sign its name as sufely(i®s) and to execute, seal and acknowledge any and all bands, undalukrngs, c.pntrada And other written instrumenta in the nature thereof, on 00half of toes Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performanrA of oontraets and execuling or guaranteeing bands and undertakings required or permitted in anyactioi6 or procoedings allowed ov law. This Power-el-Rtlorney Is granted and IS signed #ihd sealed by I*",irlile under end by authpflty of the following Sy-Laws minptad by the Board al aireetors of Merchants Banding Company(Mutual)on ,April 23, 2011 and amended August 14, 2015 and adopted by the Uard of Lis eolorsof MercfianixNatiwlol Sonding,Inc.,on OUDber 16,2015. 'The President. Secretary, Treasurer, or any Aaslstant Treasurer or any Assistonl Secretary or any vice President shall have power and sulhorily W appolnt Allcmnys-in-Fact. and to aulharize them to execute An behalf of the Company, and attach the seal of the Company thereto. loonds and undertakings,reeNni7,arltes,contracts of+nd6mnity and other writings obligatory in IhB nnlum thereof.` The signature of any authadzed officer and the seal of the Company may bo arfixod by fapsim.le or alealronic trrirtiimi5sion to any Power of Attorney or C+yrtilicadon thereof awgionzing the exeCutddn and dell'very of any bond. undarokling, recvgnlzsnaa, cr other suretyship ebligatlLms of Lhe Company.and such slor1ature and seal whan w used Sall ihave tMe sxnne force and effect as zhaugh manually fixed.' In conneellon wilh obligatlons in favor of the Florida Deiparlrnenl al°Tiao5prxtatirxr only,it is agreed that ft power and out Invrity horetky given to the Atlomey-In-Fact includes any and all consents for pie rejeaga of retained percentages andfor final es mates on engineering and con5trucbon contracts nequlied by the Slate,or Florida Cfepartmeisv of Trenspartatan. It is fuAy understood Thal cnnsetnling to the State of Florida Diapartrnerrt of Transportation rnaklnig payment of the fiinai estimate to tha Contractor anditu As ass-ignee. shell not relieves Ihi9 surety crrnpany rif any of Its obl gatlona Under its bond. In connection with obligations in favor of the Kentucky Department of Highways only.it is agreed than The power and authority hnrahy given W the Attprnay-In-Fact cannot ba modirrad or revolted unless prior wrllleii patsonal notce of such Intent has boon given Lo the Ccxrrmissloner- Q41Aartrriant at Hlghways Cf the Comma"iselth or Kianluclty at lust thiirty(30)days pnor to the modllloation or rauocaWn In Wiitness Wharrce,the Companies have soused lhis instrument tube signed and s"Ied this 12(h def or April , 2022 }, P .: +i 1LCi CL�, .r MERCHANTS BONPINO COMPANY llMUTUA4L) O b5t 0 " $ C4 ` {) +.f $¢'i MERCHANTS NATIONAL BONDING,INC. 2033 By N + + & STATi"{9F'ICWA •F+'+i e a +i+ ��■ prosidaill i• GOUNTVOFLIALt_ASss. ''err...+�i'' �'+►## On third 12th clByof April D22 before me appeared Larry Taylor, to me personally knuivn.w4a be;nq by arse dLMy sword &i say-Ilrat he Is Preaidam of MERCHANTS BONDING COMPANY (MUTUAL)and N1ERCFiANT$ NATIONAL PONDING° INC.; and vial the beats afriXed to the foregoing instrument are the Cdrpofdle Sefila al the CdrT4MI`lies;said Lhat the said msliufnent was signed and sealed in behalf of the Companies by authority or their respective Boards a uIrectors. "Y 0 POLLY MASON x -0.o+ Commission Number 750576 My Commission ExjaresPq p � q al1Ut ly 7, 0 ,,NorWy Pa l e (Expiration of nolary'e cammtission doles not Invalidate this Instrument) I,William Warner,3r-,Saaralary of MERCHANTS 150ND1,NG COMPANY(MILITUAL)and MERCHANTS NATIONAL BONDING,INC,,do hereby certify I the above,and lore4plrrg itr a true and corded copy of tho POWER-OF-AlTQRNEY executed tsy said UOMPanneg,Whlohiir edit in lull force,and effeci and has not been amended or revoked, &I In Whriess Whereof.I have hereunto sell my viand and a0i I tt o s6al Vr Iho Corivanlas on this�' day of A%lo if //'+r* •°q i f s C Bond No:TXC.51420ti os�br 19-F [IAA7N TEt'#At'dCt:13C,]lV 13 Page l Q 3 1 SECTION 00 61 19 2 MA1N"T`ENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY`['HFSF,PRFSI NTS; 6 COUNTY OF TARRANT § 7 A That we C.Creenscaping LP.,known as"Principal"herein and 9 Merchants Bonding Company(Mutual) ,a corporate surety(sureties, if more than 10 cute)duly authorized to do business in the State of Texas,known as"Surety"herein(whether oac I 1 or snore),are held and firmly bound urito the City of Fart Worth, a municipal corporation treated 12 pursuant to the laws of the State of Texas,known as"City"herein, in the smin of Four Hundred 13 Sever Thousand,`t'hrec Hundred and Thirty and OOf100 Dollars f$407.330.00 , lawful money of 14 the Urdted States,to be paid in Fort Worth,Tarrant County,Texas, for payment of which sum 15 well and truly be made unto the City and its successors, we bind ourselves,our heirs,executors, 16 administrators,successors and assigns,jointly and severally,firmly by these presents. 17 18 WHEREAS,the Principal has entered kito a certain written contract with the City awarded tg ibe 13 day of sil,,2021, which Contract is Hereby referred to and a made part heivol`for all 20 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 21 as defined by law, ua the proseoution of the Work, including any Work resulting from a duly 22 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 23 designated as 21022 Brick Rehabilitation at Various [ot:ations.City Project Number 101211 and 24 25 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans,speci ficallons Find Contract Documents that the Work is and will 27 rernaui free from defects in materials or workmanship for and during the period of two(2)years i 28 after the date of Final Acceptance of the Work by the City("Maintenaace Period"); and 29 30 WHEREAS,Principal hinds itself to repair or reconstruct the WDrk in whole or in part 31 upon receiving notice from the City of the deed therefor at any time within the Maintenance 32 Period. 33 CITY{a1;V0Xr LY0WrH 2022 Brick Rchabilhn6an srANDNU CONSTRUCTION SPECIFICA'HON DOaCt1hIFNIS City Project Number 103742 Revised Tuly I,201 l Bond No:TXC614206 i1 i4tAMAINTENANCECE CE S01YUN I} Page 2 of 3 1 NOW THEREF ORE,the Condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely Notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to rernain in 4 full force and effect. 5 6 PROVIDED,HOWEVER,If Principal shall tail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the.City may cause any and all Stich defective Work to S be repaired andlor reconstructed with all associated mts thereof being borne by the Principal and 9 the Surety udder this Maintenance bond;and 10 I t PROVIDED FIIRTIIE+R.,that if any legal action be tiled on this Bond, venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northcm District of Texas, Fort 13 worth Division;and 14 15 PROV1091) FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon fear successive breaches. 17 19 19 y CITY OF FORT%VOKrH 242213ttek Rthi siliuition STANDARD CONSTRUCT KIT4 SPECIFICATION❑OCLJNIENTS City Projeci Number 10,1742 Revised 7hdy 1.2011 C061 19-3 Elond No:TXC614206 MAINTENANCE DOM] Nrp 3 ar:t 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEA LD this 2 instrument by duly authorized agents and officers an this the �i� day of Ar in 4 5 PRINCIPAL, 6 C.Grecnsc:aping; LP 7 9 BY: 16 Signature 11 ATTEST: 12 13 ,r,_� C t �h 14 (Principal) cret .y Name and Title 15 16 Address; 2401 Hwidley l=clerville lid 17 Fart Worth,TX 75118 19 � ek 1 20 Witness as to Principal 21 5URE I'Y: 22 Wr&ants Bondingl Cc rn anL(Mutual__ 23 4� 8_q i+lo s lA 50306-3498 24 23 BY; 26 t1 27 28 Jeff P King--Attorney in Fact 29 ATTEST: Name grid Title 3o 31 ow t-ice, Address; 830 S I H 35 E 32 (Surely)5ecretaiv —Denton Texas 16205 33 34 35 Witness as to Sukdy Telephone Number: 940-382`9691 36 37 *Nate: If signed by air ufficer of the Surety Company,there must be on file a certified extract 33 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physicat address is different from its mailing address,both must be provided. 40 The date of the brand shall not be prior to the date the Contract is awarded. 41 cn,yoFFoR7 wRTH 2G2213riek Relimbililatian STANDARD CONS RUCTIM 5PK1FK:AT]1D1,1 uOC UMfNIS City Pru*(Number 103742 RCOAM Iuly 1,2011 ME HNT * BONDING COMI'ANY, POWER OF ATTORNEY 100wAli felons By These Presents.llial I'AFRCHANTS BONING GOMp,r NY tMLITUAL)and LIFSr-HANTS NATIONAL BQNQING.ING., troth being corporations or the State of rows#(hLffuin cuIlectiv+ely called the'Companles')do hereby make,corstltu%and appoint.inddViru ally, Jeff P King their true and lawful Attorney(s)-in-Face, to .Ign its name as suraty(iers) and to execute. seal and acknowledge any and all tlondv, uadartahings, oDnVaetc and olher wtiltert instrumenle in the rrature t"rW— on behalf of the Companies in lheir business of guararteeing the fidelity of pinmana, gunrantening the performance of ccnlracis and executing OF guaranteeing bonds and undertakings required OF perrnitled in any actions or proGee&np allQwsd by lavr. This Power-of-Ativmey Is granted and is sionea Arid seviod by fe"m4f tinder rand by nothorlty of th,% tellowing By-LauuR mlopted by the Board of directors of Merchants Bonding Cornparty �W![Ljal)on April V, 20i1 and amended August 14, 2015 and adopted by the Board of adecloaof Nerchents Nation&I Bonding,Inc.,on 00atler 1f3,ZQ15 'The Prasiderrt, Secretary. Treasurer, or any Assistant Treasuirt}r or any Assistant SaclTelary or any Vice President shall have power and authanty to iappolnt Attorneys-In-Fact, and to aulhorlse there to execute an behalf of the Company, and attach the seat or the Company thereto. bonds and undertakingg,rec"nixances,conlracls of indemnify and other writing-,obligatory in the+nalure lhereaf.' 'The signalure of any aulhorized officer aetd the seal of the Company[nay be affixed by faG3imiia rx elr;lrpnic transmission to any Pptwer of Attorney- pr Certification lhereof autlhori2ing the execution and detiv" of any band, undertaking, recogni,4anca, cr other suretyship obligations of the Company,gaol such sIgnature and seal'when set used shall have the same force and effect as though manua1y Axed.' In oonneelion with obligations in favor of the Florida Department of Tiansporlatlun only-it is agreed that the ureter end out hurily hereby given to tho Attorney-In-Fact includes any and all con3ents for the release of ratainod percvntagas and or Final esitmaies on anglneefing and coristnt,cl on contracts required by the State or'Florida bepartrnent❑f Transportation, it is fully underslon l that cansnnlirrp to the Slate of Florida Department ofTransponaton making payment of the final a0malre to the Contrractar ramdfor Its ass+gnee. shell nor relieve this surely company of any nt Itso0ilgatfans under its bond. In wnnr#ctigrt with 441iga Joni in favor pf lho Kentuoky Depar"ertt qF Highways only.it is agreed that the power and authority hereby given to the Attorney-In-Fact cannot be rncdified or revoked unless prior written persnrral ncoce or such Intent has been,given to the Cummisslonar- i ili}Stthi9nl of Highways of Me C:Orrirnanwaalth of Kenluckyr at tessf thirty(gyp)days prior to the mo011lcallon nt revocation In 01no"Ylihereaf,tha Companies have caused this iusVument tube signed and sealed this 121h d8y'of April 2022 Y Y�/iryy11}Y+r f�'11 `« `•' t Q *•�C4 MERCHANTS BONDING COMPANY(MUTUAL) 2y �` # J�'•. ; �'% ; MERCHANTS NATIONAL BONDING,IINC. STATE OrILWA •i;#r1tY�iF1##ai*w LOUNTY OF DALLAS sg. On(loin 12th day of April =2 before me appeared Larry Taylor,to me personally knayNn, tvho being by me duly sworri did say that he Is President of MERCHANTS IBGNDING COMPANY {MUTUAL}and MERCHANTS NATIQNAt- BONDING, IW..; rend Thal the seals all'Ked to the foregoing instrument are the Corwata Seals of the COMP3itt9%and that the said inskurnent was signed and sealed In baftalf of tha Cernpa.Was by authority of their respech%ee Uoards of UlreclOm POLLY MASON � Commission Numbai-750-76 x °°°° �' My CommissiGTi Exores r • t* J$ntlary 07, 2023 f iVafary f'rublia (Expiration of notary.e commission does Dot Invalidate this InstrrlrnBntr I,VVIII19m Wernar,Jr.,5eoralary of MERCHANTS BONDING GOMPANY(MUTUAL)and MERCHANTS NAiTICMAL SONpING,INC.,do hereby Certify Il1al tlll►above and IflreRelrlg IS a tfufi'and uorrad copy ul the POWER-CF-ATTORNEY executed py said Comftaniea,which is$011 In lull lorce and effect and has not been emended or revoked, In Witness Whereof,I have h6relir114 sell nay hand and nNed i1he 4, ;.il al iQ Corripanies on ibis iorlldr,y of r ;{�1�11f'.1}{r► «#44 iKaYd..'u'Lf��; 4 rR � ���r..• y# f i! • a t6.Gy 200 ;G�; ti d 9 ;;�Lfi 4ir�ry rrdrLL � L�y44 �•t•..•fP rat POA 0018 (1120) Ir1Y#• West, Jennifer From: Lisa Lawson <Ilawson@merchantsbonding.com> Sent: Thursday, May 12, 2022 1:51 PM To: West,Jennifer Subject: RE: Bond Verification - TXC614205 &TXC614206 Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, Yes, both of these bonds are valid. TXC614205: $407,330. TXC614206: $407,330. Thank you! Lisa Lawson I Sr. Contract Underwriting Associate Merchants Bonding CompanyTM street 6700 Westown Parkway, West Des Moines, IA 50266-7754 mailing P.O Box 14498, Des Moines, IA 50306-3498 direct (515)558.8765 toll free (800)678.8171 web www.merchantsbonding.com MERCHAN r BOND [ NG COMPANY,, From: West,Jennifer<Jennifer.West@fortworthtexas.gov> Sent:Thursday, May 12, 2022 9:19 AM To: Merchants Bonding Info <Info@merchantsbonding.com> Cc:TPW Contracts <TPWContracts@fortworthtexas.gov> Subject: FW: Bond Verification -TXC614205 &TXC614206 CAUTION:This email originated from outside of Merchants Bonding Company.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, The City of Fort Worth has received bond number TXC614205 &TXC614206 from C. Greenscaping, LP. for project 2021 Brick Rehabilitation at Various Locations-CPN 103204 and 2022 Brick Rehabilitation at Various Locations-CPN 103742, respectively. Please confirm these are valid bonds and their respective dollar amounts. If you have any questions or need additional information, please don't hesitate to contact me. Thank you, Jennifer West Management Analyst II Transportation and Public Works 200 Texas Street Fort Worth,Texas 76102 817.392.8661 Phone 817.392.8092 Fax Jennlfer.We stkfortworthtexas.gov City of Fort Worth Working together to build a strong community. FORT WORTH, z G MERCHAI i �S BONDING COMPANY,. May 10, 2022 City of Fort Worth 200 Texas Street Fort Worth, TX 76102 RE: Bond TXC614206 C. Green Scaping, LP Please let this letter serve as authorization for the City of Fort Worth to date the above referenced bond and Power of Attorney forms. Thank you. Sincerely, Cody White Assistant Vice President street mailing toll free 800.678.8171 email info@merchantsbonding.com 6700 Westown Parkway P.O.Box 14498 local 515.243.8171 website merchantsbonding.com West Des Moines,IA 50266-7754 Des Moines,IA 50306.3498 fax 515.243,3854 006t14-t Bond No:TXC614206 PAYMENT BOND Page 1 of 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, C. Greenscapin , LP, known as "Principal" herein, and 8 Merchants Bonding Company(Mutual) , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of Four Hundred Seven Thousand, Three Hundred and Thirty and 00/100 Dollars 13 ($407,330.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, j14 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, I 15 executors, administrators, successors and assigns,jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 13 day of April, 2021, which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 19 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 20 designated as 2022 Brick Rehabilitation at Various Locations, City Project Number 103742. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 23 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 24 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 25 force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 I CITY OF FORT WORTH 2O22 Brick Rehabilitation STANDARD CONSTRUCTION SPECIF1CAr10N DOCUMENTS City Project Number 103742 Revised July 1,2011 Bond No: TXC614206 00 61 14-2 PAYMENTBOND 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 day of 3 ,20 p�-� 4 PRINCIPAL: C.Greenscaping,LP ATTEST: BY: Signature u c blah an plL7. presde4 (Principal) ecretary Name and Title Address: 2401 Handley Edelville Rd Fort Worth,TX 75118 Witness as to Principal SURETY: Merchants Bonding Compa y(Mutual) PO Box 144,4 Des of s IA 50306-3498 ATTEST: BY: Si kwwJeff P King-Attorney in Fact (Surety) Secretary W�-CJ Name and Title Address: 830 S IH 35E Denton Texas 76205 Witness as to Surety Telephone Number: 940-382-969 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 2O22 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103742 Revised July 1,2011 : FWCHANI B01N DI NC COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC., both being corporations of Ilse State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Jeff P King their true and lawful Attorneys)-in-Fact; to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing.or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed bylaw. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted,by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October'1C 2015, 'The President; Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attotneys•in-Fact: and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto. bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." 'The:sfgnature of any authorized officer and the seal of the Company may be axed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company;and Such signature and seal when so used shall have the same force and effect as though manually fixed in.connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority>hereby given to the Attorney-in-Fact'includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction 'contracts required by the Stale.of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department' of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. IIn connection with obligations in favorof the Kentucky_Departmentof Highways only;it is agreed that the power and authority hereby given to the Aft orney-frt.-Fact cannot be modified Or revoked unless prior written personal notice of such Intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation, In Witness Whereof,the Companies have caused this Instrument to be signed.and,sealed this 12th dayof. April 2022MERCHANTS COMPANYi y l`y.Goa �/�q�'•(y►� '+QtOy�'41 17 jt� 9, MUT MERCHANTS BONDNG NATIOiNAL BONDING,INC.IJAL). Qi • • y • V '.Y . .. ����� •• JAL.•-Y ..•� + � •Y '�1•," President STATE OFIOWA •+•► ry. .s•`+�+ ••++��+••• COUNTY Ou CIA(,LAS se. On this 12th day of April 2022 before me appeared Carry Taylor,t ol me personally known',who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING. INC.; and that the seats affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies.by.authority of their respective Boards of Directors. L 0 POLLY MASON o Commission Number 750576 My Commission Expires ,�F.. January 07,2023 Notary f?ublic (Expiration of notary's commission.does not invalidate this instrument) d,Wfilf im Warr .)r.,Secretary of MERCHANTS BONDING'COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the'above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is stilt in full. force and effect and has not been amended or revoked, In Witness Whereof;i have hereunto set my hand and affixed ths,seal o'fthe Companies on this day of 0 Nq�'.,� �i 44 Cy �s 2003 :i !4:{ Secretary v pOA Q0116 0/2aj 0061 13-1 Bond No: TXC614206 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we C. Greenscaping,LP,known as"Principal"herein and 8 Merchants Bonding Company(Mutual) ,a corporate surety(sureties, if more than 9 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 10 or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas,known as"City"herein, in the penal sum of,Four Hundred and 12 Seven Thousand Three Hundred and Thirty and 00/100 Dollars ($407,330.00),lawful money of 13 the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum 14 well and truly to be made,we bind ourselves, our heirs,executors, administrators,successors and 15 assigns,jointly and severally, firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 13 day of April, 2021,which Contract is hereby referred to and made a part hereof m equipment 8 for all purposes as if fully set forth herein,to furnish a11 materials, labor and other 19 accessories defined by law,in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as 2022 Brick Rehabilitation at Various Locations,City 21 Project Number 103742. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders,under the Contract,according to the plans, 25 specifications, and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. CITY OF FORT WORTH 2O22 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103742 Revised July 1,2011 0061 13-2 Bond No:TXC614206 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 day of-/&"-/ 6 20 7 PRINCIPAL: 8 C. Greenscaping,LP 9 10 ) I 1 BY: 12 Signature 13 ATTEST: 14 15 I^M-H le to R tj;z 7:1-p sI 6 16 (Principal) 'ecretary Name and Title T- 17 18 Address:2401 Handley Ederville Rd 19 p Fort Worth,TX 75118 201 ,G£�,�i�� 22 Witness as to Principal 23 SURETY: 24 MerchantsBonding Company(Mutual) 25 PO Box 14498 Des Moines IA 50306-3498 26 27 BY: 28 iUurl 29 30 Jeff P King-Attorney in Fact 31 Name and Title 32 33 j Address: 820 S IH 35E 34 i)IA4 �i� Denton Texas 76205 35 v 36 �(/� —r 37 Witness as to Sure Telephone Number: 940-382-969 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 2O22 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103742 Revised July 1,2011 ; E RC HANT '�`�, BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC., both being corporations of the State of Iowa(herein collectively called die"Companies')do hereby make,constitute and appoint,individually, Jeff P King their true and lawful Attorneys)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of :persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings raquired:or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and.seated by facsimile under and by,authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and:amended August 14,2015 and adopted by the Board of Directors of Merchants National:Bonding,Inc.,on October 16,2015, "The:President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have, power and authority to appoint Attorneys-in-Fact; and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, :bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of anyautfiorized officer and the seal of the Company may be affixed by,facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking; recognizance, or other suretyship obligations of the Company,and such Signature and seal when so used shall have the same force and effect as though,manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority.hereby:given to the Attorney-in-Fact includes any and all consents for the release of retained percentages andfor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida_Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favorof the Kentucky Departmentof Highways only;it is agreed that the power and authority hereby given to the Attorney-In-Fact cannot be modified or revoked unless prior written personal notice of such:Intent has been given to the Commissioner- Department Or Highways of the Commonweaithof. Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies Ihave caused.this instrument to be signed and sealed this 12th d0y.of April 2022 �lanrq ••., XlilG CO, •* •'�'�Ra��Rt�o': .•'4 ►P0 9 • MERCHANTS BONDING COMPANY(MUTUAL). �y;'G� q!('. Sys MERCHANTS NATIONAL BONDING,INC. w -0- O ►�• r . +"" :' • �y„'• ....... •���y1�,:,,�.•• ��`�°+ Prasident STATE=Or-IOWA COUNTY O'=DALLASse. +rr�••+\�s s••+ Op this 12th day of April 2022 before me appeared Larry Taylor,to me personally known, who being by me duly sworn did sale that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that:the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and seated in behalf of the-Companies by authority of their-respective Boards of Directors. eIA4 FOLLY MASON o " Commission Number750576 My Commission Expires � / P �BnI31Cy 07,2023 Fas! f?ublic (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC,,do hereby certify that the above and foregoing is itrue and correct copy of the POWER-OF-ATTORNEY executed by said Companies;which is still in full force and effect and has not been amended or revoked., /S, In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this)pykd-ayof �,• .�t 0 NA EKG C+3y'.. •"may •;O�P{}�'• 0`� ,•`"i��•�tRPs�k9 �� ' M. • 2003 :��,' y' t933 •`fit' Secretary POA 0..G1.8(1120) 0061 19-1 Bond No:TXC614206 MAINTENANCE BOND Pagel of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we C.Greenscaping, LP.,known as"Principal"herein and 9 Merchants Bonding Company(Mutual) ,a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein, in the sum of Four Hundred 13 Seven Thousand,Tluee Hundred and Thirty and 00/100 Dollars ($407,330.00),lawful money of 14 the United States,to be paid in Fort Worth,Tarrant County,Texas,for payment of which sum 15 well and truly be made unto the City and its successors, we bind ourselves,our heirs,executors, 16 administrators, successors and assigns,jointly and severally,firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded 19 the 13 day,of April,2021,which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 21 as defined by law,in the prosecution of the Work,including any Work resulting from a duly 22 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 23 designated as 2022 Brick Rehabilitation at Various Locations, City Project Number 103742;and 24 25 WHEREAS, Principal binds itself to use Such materials and to so construct the Work in 26 accordance with the plans,specifications and Contract Documents that the Work is and will 27 remain free from defects in materials or workmanship for and during the period of two(2)years 28 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 29 30 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 31 upon receiving notice from the City of the need therefor at any time within the Maintenance 32 Period. 33 CITY OF FORT WORTH 2O22 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project Number 103742 Revised July 1,2011 Bond No:TXC614206 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER,if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work,it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH 2O22 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103742 Revised July 1,2011 006119-3 Bond No:TXC614206 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SE ED this 2 instrument by duly authorized agents and officers on this the. to_�_ day of 3 ,20 4 5 PRINCIPAL: 6 C.Greenscaping,LP 7 8 9 B Y: L V V`5 10 Signature 11 ATTEST: 12 (S 13 & Ca+�,I��n ���a. i' 1 n-4 14 (Principal) ecreta—r y---r Name and Title 15 16 Address:2401 Handley Ederville Rd 17 Fort Worth,TX 75118 18 19 20 Witness as to Principal 21 SURETY: 22 Merchants Bonding Company(Mutual) 23 PO BoXQ �j s IA 50306-3498 24 25 BY: 26 27 28 Jeff P King-Attorney in Fact 29 ATTEST: Name and Title 30 A 31 Address: 830 S IH 35E 32 (Surety)Secrets Denton exas 33 34 35 Witness as to Su Telephone Number: 940-382-9691 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 2O22 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103742 Revised July 1,2011 :MERC ITS BONDING C:OMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC., both being corporations of the Slate of Iowa(herein collectively called the"Companies')do hereby make;constitute and appoint,individually, Jeff P King their true and lawful Attorneys)-in-Fact, to sign its name as surety(ies) and to execute. seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and seated by facsimHe under and by authority of the fallowing By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual)on April 23,2011 and amended August 14,2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015, 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to'authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,' 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance; or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release'of retained percentages and/or final esCmates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and seated this 12th day of April 2022 • s Rq�,r O ��Pq�,4� MERCHANTS BONDING COMPANY(MUTUAL) A0: •�, c> ,+r•,;4 MERCHANTS NATIONAL BONDING,INC. �Q Z -o- pld. .r- . o_ srtBy ........... � .•, •�yl� ... ••'�� •STATE OF IOWA •'�Opr ,,,►�••�'• • a President • COUNTY OF DALLAS ss. On tfAi 12th day of April 2022 before me appeared Larry Taylor, to the personally known.who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING. INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of tite Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. kIOMI IA4 POLLY MASON oCommission Number750576 My Commission Expires January 07, 2023 Public (Expiration of notary's con �4Notary commission does not this instrument) l;William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked, f, In Witness Whereof, I have hereunto set my hand and of Aed the P,31 ofthe Companies on this day of rV Ir ,....., �.y..oRPOI.: QBPiDq'• : v`. 2003 1 9 9'3 Secrefsry �.. POA 0018 (1/20) •�`'�••., ..•�•', .,..