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HomeMy WebLinkAboutContract 49217 CITY SECRETARYS D.O.E. FILE CONTRACTOR'S BONDING CO. CONSTRUCTION'S COPY YCONSECR NA Z CLIENT DEPARTMENT FO RT WO RT H PROJECT MANUAL FOR THE CONSTRUCTION OF BRICK PAVEMENT REHABILITATION 2017 AT VARIOUS LOCATIONS City Project No. 100632 Betsy Price David Cooke Mayor City Manager Douglas W.Wiersig,P.E. Director,Transportation and Public Works Department Prepared for �ECEIV The City of Fort Worth JL' TRANSPORTATION AND PUBLIC WORKS IIIECRET RYA 2017 � .OF•ro�x.\` � i � +� °* l[21.NUSSRAI. AH .i �i� 88823 fit 014e X3117 OFFICIAL RECORD CITY 89CRffrARY FT.WORTH,TX FI R WORD PROJECT MANUAL FOR THE CONSTRUCTION OF BRICK PAVEMENT REHABILITATION 2017 AT VARIOUS LOCATIONS City Project No. 100632 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2017 000000-1 TABLE OF CONTENTS Page 1 of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00- General Conditions 5 000510 Mayor-and Cooneil GeffH+mniea6afi 6 0005 15 n aao„a„ 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 00 43 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 00 45 26 Contractor Compliance with Workers'Compensation Law 15 00 45 39 Minority and Women Business Enterprise Goal 16 00 52 43 Agreement 17 0061 13 Performance Bond 18 0061 14 Payment Bond 19 0061 19 Maintenance Bond 20 00 61 25 Certificate of Insurance 21 00 72 00 General Conditions 22 00 73 00 Supplementary Conditions 23 24 Division 01 - General Requirements 25 011100 Summary of Work 26 01 25 00 Substitution Procedures 27 01 31 19 Preconstruction Meeting 28 01 31 20 Project Meetings 29 01 32 16 Construction Progress Schedule 30 01 32 33 Preconstruction Video 31 01 33 00 Submittals 32 01 35 13 Special Project Procedures 33 01 45 23 Testing and Inspection Services 34 01 5000 Temporary Facilities and Controls 35 01 5526 Street Use Permit and Modifications to Traffic Control 36 01 57 13 Storm Water Pollution Prevention Plan 37 01 58 13 Temporary Project Signage 38 01 60 00 Product Requirements 39 017000 Mobilization eAd Remebil4ation 40 017423 Cleaning 41 01 77 19 Closeout Requirements 42 01 78 39 Project Record Documents 43 44 Division 02-Existing Conditions 45 02 41 15 Paving Removal 46 47 Division 32-Exterior Improvements 48 3213 13 Concrete Paving 49 32 13 73 Concrete Paving Joint Sealants CITY OF FORT WORTH BRICK PAVEMENT REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100632 Revised November 9,2011 1 000000-2 TABLE OF CONTENTS Page 2 of 2 1 32 14 16 Brick Unit Paving 2 32 16 13 Concrete Curb and Gutters and Valley Gutters t 3 { 4 Division 33-Utilities 5 33 05 14 Adjusting Manholes, Inlets,Valve Boxes,and Other Structures to Grade 6 I 7 Division 34-Transportation 8 34 71 13 Traffic Control 9 10 Appendix 11 GC-6.06.1) Minority and Women Owned Business Enterprise Compliance 12 GC-6.07 Wage Rates 13 A Street Locations 14 B Standards 15 16 END OF SECTION CITY OF FORT WORTH BRICK PAVEMENT REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100632 Revised November 9,2011 C-28166 C CERTIFICATE OF INTERESTED PARTIES FORM 1295 " 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number; of business. 2017-176331 C. Green Scaping,LP Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/08/2017 being filed. City of Fort Worth Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 100632 Brick Pavement Rehabilitation 2017 at Various Locations 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary C&C Green Enterpises,LLC FORT WORTH,TX United States X Green,Curtis FORT WORTH,TX United States X Ruiz,Cathleen FORT WORTH,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. n STACY GEIGENMILLER Notary Public,Stole of Texas •, ;'r- My Commission Expires March 13,2018 Signature of a nze 'agent contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Swom to and subscribed before me,by the said Curtis J. Green this the 8 th day'of March 20 17 to certify which,witness my hand and seal of office. r Stacy Geigenmiller Project Manager Signat a of officer I ministering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 OffidaI site of the Gty of Fort Worth,Te)as CITY COUNCIL AGENDA FORTH COUNCIL ACTION: Approved on 4/4/2017 REFERENCE *# 20BRICK PAVEMENT _ DATE: 4/4/2017 NO.: C-28166 LOG NAME: REHABILITATION 2017 CODE: C PUBLIC TYPE: CONSENT HEARING: NO SUBJECT. Authorize Execution of a Contract with C. Green Scaping, LP, in the Amount of$337,685.00 for Brick Pavement Rehabilitation 2017 at Five Locations and Provide for Project Costs and Contingencies for a Total Project Amount of$368,400.00 (COUNCIL DISTRICTS 2, 3, 4, 7 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with C. Green Scaping, LP, in the amount of$337,685.00 for Brick Pavement Rehabilitation 2017 at five locations(City Project No. 100632). DISCUSSION: In the Fiscal Year 2017 Contract Street Maintenance Program, various types of street maintenance and preservation techniques are grouped into specific contract packages. The Brick Pavement Rehabilitation 2017 provides for removal and replacement of failed brick pavement at five locations listed on the attachment provided (City Project No. 100632). Description Amount •. Design 1$ 0.00 Construction I[-1337,685.00 Project Management/Inspection/Contingencies $ 30,715.00 Total Project Budget [-1368,400.00 Construction for this project is to start approximately in June 2017 with a completion date of approximately February 2018. Upon completion of this project, there will be no significant impact on the _ operating budget. Funding for this project is included in the Fiscal Year 2017 General Capital Projects Fund. This project was advertised for bid on January 5, 2017 and January 12, 2017 in the Fort Worth Star- Telegram. On February 2, 2017, the following bid was received: BiddersJ� Amount C. Green Scaping, LP $337,685.00 M/WBE Office - C. Green Scaping, LP, is in compliance with the City's BDE Ordinance by committing to 1 — percent MBE participation and documenting good faith effort. C. Green Scaping, LP, identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is nine percent. Additionally, C. Green Scaping, LP, is a certified M/WBE firm. The City reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project is located in COUNCIL DISTRICTS 2, 3, 4, 7 and 9, Mapsco 36G, 62L, 75J, 75U and 76A. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in City Project No. 100632 Brick Pavement Rehabilitation 2017, as appropriated within the General Capital Projects Fund. Approval of this recommendation does not result in additional appropriations. TO Fund Department Account Project Program Activity Budget Reference# Amount o ID ID Year Chartfield 2 FROM Fund I Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Tariqul Islam (2486) ATTACHMENTS Form 1295 Green ScaDinggpdf MaM BRICK 2017.Ddf MaD2 BRICK 2017.Ddf MaD3 BRICK 2017.pdf MaD4 BRICK 2017.0f Street List Brick 2017.pdf 001113-1 INVITATION TO BIDDERS Page 1 of 2 + 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of BRICK PAVEMENT REHABILITATION 2017 AT f 5 VARIOUS LOCATIONS,City Project No. 100632 will be received by the City of Fort Worth I 6 Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M.CST,Thursday,February 2,2017,and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 17 18 180 S.Y. Remove Concrete Base 19 180 S.Y. 6"Concrete Base HES 20 2,000 S.Y. Remove Brick Pavement 21 2,000 S.Y. Brick Pavement 22 23 DOCUMENT EXAMINATION AND PROCUREMENTS 24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 25 of Fort Worth's Purchasing Division website at http://www.fortworthgov.org/purchasing_!and 26 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 27 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 28 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 29 Parties Form 1295 and the form must be submitted to the Project Manager before the 30 contract will be presented to the City Council.The form can be obtained at 31 https://www.ethics.state.tx.us/tee/1295-Info.htm 32 33 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 34 392-8363.City of Fort Worth, 1000 Throckmorton St.,Fort Worth,TX 76102. 35 36 The cost of Bidding and Contract Documents is: $30.00 37 38 PREBID CONFERENCE 39 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 40 BIDDERS at the following location,date,and time: 4.1 DATE: Wednesday,January 18,2017 42 TIME: 9:00 A.M. 43 PLACE: Transportation and Public Works,Street Services,5001 James Avenue,Suite#: I 44- 201,Fort Worth,Texas 76115 l 45 45 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 47 City reserves the right to waive irregularities and to accept or reject bids. 9 48 49 INQUIRIES 4 CITY OF FORT WORTH BRICK PAVEMENT REHABILITATIO 2017 Il STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100632 Revised July 1,2011 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 All inquiries relative to this procurement should be addressed to the following: 2 Attn: Tariqul Islam,City of Fort Worth 3 Email: tariqul.islam@fortworthTexas.gov 4 Phone: 817-392-2486 5 6 ADVERTISEMENT DATES 7 January S, 2017 8 January 12„ 2017 9 10 END OF SECTION CrFY OF FORT WORTH BRICK PAVEMENT REHABUXFATIO 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100632 Revised July 1,2011 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,firm,partnership,company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person,firm,partnership,company, association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 33 34 3.1.All Biddefs and their-subeantr-aeter-s are required to be pfequa4ified for-the wofk types 35 36 not pr-equali€ied-(evert if ifiadvei4endyepened) shallt be eensidered. r-equa4ifie-atien 38 39 ,must be prepared to sobmit to City within AO en(7)ealefidaf days prior-to Bid opening,the a,.,.,,mentatien idefiti Pied:,, See fie., nn 45 11,BIPDERS PREQUALIPIGATIONS. �. 3.2.1. 44- the Givy eontaet as provided in Pafagr-aph 6. . 45 46 CITY OF FORT WORTH BRICK REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised November 27,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The City reserves the right te r-equir-@ any pr-e qualified eentr-aetof:who is the apparent!aw 2 3 , 4 , 5 to assist the City in evaluating and assessing the abilky ef the appafent!@w bidder-(s)to 6 7 the stipulated fifne ffame. Based upen the Gity's 8 ififeRiiatien, 9 City Gouneil. Failure to submit the addifiaaa4 infeEmation,if requested,faa),be grounds 10 11 . 12 13 3.4. , 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid,each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents(including "technical data" referred to in 22 Paragraph 4.2. below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 27 site conditions that may affect cost,progress,performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. 34 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 35 contiguous to the Site and all drawings of physical conditions relating to existing 36 surface or subsurface structures at the Site(except Underground Facilities)that 37 have been identified in the Contract Documents as containing reliable "technical 38 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 39 at the Site that have been identified in the Contract Documents as containing 40 reliable "technical data." 41 42 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 43 the information which the City will furnish.All additional information and data 44 which the City will supply after promulgation of the formal Contract Documents 45 shall be issued in the form of written addenda and shall become part of the Contract 46 Documents just as though such addenda were actually written into the original 47 Contract Documents.No information given by the City other than that contained in 48 the Contract Documents and officially promulgated addenda thereto, shall be 49 binding upon the City. 50 CITY OF FORT WORTH BRICK REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised November 27,2012 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.7. Perform independent research,investigations,tests, borings, and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request,City may provide 4 each Bidder access to the site to conduct such examinations,investigations, 5 explorations,tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations,investigations,tests and studies. 8 9 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work,time required for its completion,and obtain all information 11 required to make a proposal. Bidders shall rely exclusively and solely upon their 12 own estimates,investigation,research,tests,explorations,and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation,examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents.The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if any, on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures (except Underground Facilities)which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents,but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data" or 44 any other data,interpretations, opinions or information. 45 CITY OF FORT WORTH BRICK REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised November 27,20I2 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means,methods, techniques, sequences or 5 procedures of construction(if any)that may be shown or indicated or expressly required 6 by the Contract Documents, (iii)that Bidder has given City written notice of all 7 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 9 etc., have not been resolved through the interpretations by City as described in 10 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos, Polychlorinated 15 biphenyls(PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities,construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way,easements, and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way,easements,and/or permits are not obtained, the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements, and/or permits,and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 6. Interpretations and Addenda 42 CITY OF FORT WORTH BRICK REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throckmorton Street 13 Fort Worth,TX 76102 14 Attn: Tariqul Islam, Transportation and Public Works 15 Fax: 817-392-7969 16 Email: tariqul.islam@fortworthtexas.gov ,,Phone: 817-392-2486 17 18 19 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 20 City. 21 22 6.3.Addenda or clarifications may be posted via Buzzsaw 23 24 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 25 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 26 Project. Bidders are encouraged to attend and participate in the conference. City will 27 transmit to all prospective Bidders of record such Addenda as City considers necessary 28 in response to questions arising at the conference. Oral statements may not be relied 29 upon and will not be binding or legally effective. 30 31 7. Bid Security 32 33 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 34 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 35 the requirements of Paragraphs 5.01 of the General Conditions. 36 37 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 38 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 39 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 40 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 41 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 42 other Bidders whom City believes to have a reasonable chance of receiving the award 43 will be retained by City until final contract execution. 44 45 8. Contract Times 46 The number of days within which,or the dates by which,Milestones are to be achieved in 47 accordance with the General Requirements and the Work is to be completed and ready for 48 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 49 attached Bid Form. 50 CITY OF FORT WORTH BRICK REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised November 27,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and "Or-Equal" Items 5 The Contract,if awarded,will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or"or-equal" items. 7 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- b equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City, application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 12 Conditions and is supplemented in Section 0125 00 of the General Requirements. 13 14 11. Subcontractors,Suppliers and Others 15 16 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 17 12-2011 (as amended),the City has goals for the participation of minority business 18 and/or small business enterprises in City contracts. A copy of the Ordinance can be 19 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 20 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 21 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 22 Venture Form as appropriate.The Forms including documentation must be received 23 by the City no later than 5:00 P.M. CST,five (5)City business days after the bid 24 opening date. The Bidder shall obtain a receipt from the City as evidence the 25 documentation was received. Failure to comply shall render the bid as non- 26 responsive. 27 28 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 29 or organization against whom Contractor has reasonable objection. 30 31 12. Bid Form 32 33 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 34 obtained from the City. 35 36 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 37 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 38 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 39 price item listed therein. In the case of optional alternatives,the words "No Bid," 40 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 41 written in ink in both words and numerals,for which the Bidder proposes to do the 42 work contemplated or furnish materials required.All prices shall be written legibly. 43 In case of discrepancy between price in written words and the price in written 44 numerals,the price in written words shall govern. 45 46 12.3. Bids by corporations shall be executed in the corporate name by the president or a 47 vice-president or other corporate officer accompanied by evidence of authority to 48 sign. The corporate seal shall be affixed. The corporate address and state of 49 incorporation shall be shown below the signature. 50 CITY OF FORT WORTH BRICK REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised November 27,2012 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner, whose title must appear under the signature accompanied by evidence of 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 10 12.6. Bids by individuals shall show the Bidder's name and official address. 11 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 13 indicated on the Bid Form. The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 16 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 20 12.10. Postal and e-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 31 marked with the City Project Number,Project title,the name and address of Bidder,and 32 accompanied by the Bid security and other required documents. If the Bid is sent through the 33 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 34 with the notation "BID ENCLOSED" on the face of it. 35 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 39 withdrawn prior to the time set for bid opening. A request for withdrawal must be 40 made in writing by an appropriate document duly executed in the manner that a Bid 41 must be executed and delivered to the place where Bids are to be submitted at any 42 time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been 44 properly filed may,at the option of the City,be returned unopened. 45 _% 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 CITY OF FORT WORTH BRICK REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised November 27,2012 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates(if any)will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 14 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder, whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price,contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders,Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors, Suppliers, and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs, maintenance requirements,performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility,qualifications, and financial 45 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 CITY OF FORT WORTH BRICK REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization.If the Contract is 16 to be awarded,City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds,Certificates of Insurance,and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CITY OF FORT WORTH BRICK REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised November 27,2012 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror, or respondent(hereinafter also referred to as "you") to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 http://www.ethics.state.tx.us/fornis/CIS.pdf 14 15 [ CIQ Form is on file with City Secretary 16 17 F-] CIQ Form is being provided to the City Secretary 18 19 ` CIS Form is on File with City Secretary 20 21 0 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 C • C-�feGrl SCAc2inA , (J2 By: C( )r_Rs y• Cgran 28 Company —7 (Please Prin 29 30 Vivi N lei F—Mrvllks Ed. Signature: 31 Address 32 33 r--1. wori+]_ IX "1 l� I P7 Title: V inn- Pre_%)d en f 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH BRICK PAVEMENT REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100632 Revised March 27,2012 00 41 00 BID FORM Page I of 3 SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: BRICK PAVEMENT REHABILITATION 2017 City Project No.: 100632 Units/Sections: BRICK PAVING 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1.In submitting this Bid,Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3.Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,association,organization,or corporation. 2.4.Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5.Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6.Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FormRevised 20110627 00 41_00_00_42_43_00_43_13_00_43_37_Bid_Form-Proposal-Bond_Vendor Compliance(1) 0041 00 BID FORM Page 2 of 3 3. a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form b.Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form Section d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e.MWBE Forms(optional at time of bid) f. n_o,..alifieat:,..,Stat...efft Seel:,..,nn 4 i� g. Conflict of Interest Affidavit,Section 00 35 13 h.Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid $337,685.00 7. Bid Submittal This Bid is submitted on 2-Feb-17 by the entity named below. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fom Revised 20110627 Ft.Worth-#100632;Brick Paver Repair 2017 00 41 00 BID FORM Page 3 of 3 Respectfully submitted, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1: (Signature) Addendum No.2: Addendum No.3: Curtis J.Green Addendum No.4: (Printed Name) Title: Vice President Company: C.Green Scaping,LP Corporate Seal: Address: 2401 Handley Ederville Rd. Ft.Worth,TX 76118 State of Incorporation: Texas Email: careen(a)greenscaoino.com Phone: 817-577-9299 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00-41-00-00-42-43-00-43-13-00-43-37—Bid—Form-Proposal-Bond Vendor Compliance(1) 00 42 43 BID PROPOSAL Page 1 of 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of No. Description Section No. Measure Bid Quantity Unit Price Bid Value 1 0135.0201 Remobilization 01 7000 EA 1 $500.00 $500.00 2 0241.1000 Remove Conc Base 0241 15 SY 180 $22.60 $4,068.00 3 0241.1200 Remove Brick Pavement 0241 15 SY 2,000 $27.80 $55,600.00 4 0241.1300 Remove Concrete Curb&Gutter 0241 15 LF 300 $17.50 $5,250.00 5 3213.0201 6"Conc Base HES 32 13 13 SY 180 $97.40 $17,532.00 6 3213.0208 Conc HES Extra depth) 32 13 13 CY 20 $585.00 $11,700.00 7 3213.0700 Joint Sealant 32 1373 LF 300 $3.10 $930.00 8 3214.0100 Brick Pavement 32 14 16 SY 2,000 $111.25 $222,500.00 9 3214.0101 Brick Pavement Joints 33 14 16 SY 300 $24.75 $7,425.00 10 3216.0102 Concrete Curb and Gutter 32 16 13 LF 300 $30.60 $9,180.00 11 3305.0108 Miscellaneous Adjustment(Utilities) 33 05 14 LS 1 $3,000.00 $3,000.00 TOTAL BID $337,685.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Ft.Worth-A00632;Brick Paver RTair 2017 LlbertX Interchange Corporate Center Mu.tuil. 450 Plymouth Road,Suite 400 Plymouth Meeting,PA.19462-1644 SURETY Ph.(610)832-8240 BID BOND Bond Number: Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we C. Green Scaping, LP as principal(the"Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto City of Fort Worth as obligee(the"Obligee"), in the penal sum of FIVE PERCENT OF THE GREATEST AMOUNT BID BY C.GREEN SCAPING,LP Dollars($ 5%GAB ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for: Brick Pavement Rehabilitation 2017 at Various Locations; City Project No. 100632 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified,within sixty(60)days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void; otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1)year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 2nd day of February , 20 17 WITNESS/ATTEST C.Green Scalping, Lp (Principal) By: (Seal) Ur4i-1 ZT. 661ell Title: v 1 eA t?I''[5►df o 1 LIBERTY MUTUAL INSURANCE COMPANY urety) By: (Seal) ttor ey-in-Fact Rachyl Mullins LMIC-5000 Rev.03/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This-Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated." Certificate No.7173520 I American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of- the State of New Hampshire;that Liberty Mutual Insurance Company is a corporation duly organized-under the laws of the State of Massachusetts,and West American'Insurance-Companq is a corporation duly organized ander the laws of-the State of.lndiana{herein coilectivvely-calledlhe°Compartles'}.pursuant fo:and by aathonty herein set forth;does hereby.name~constitate,. and appoint, James E_Ifrng JeffP' King;Kylie Kelso Racllyl Mlallins = _... all of the city of.Denton state of TX . each ndividually if there be moliefhan one named;Its triie andaawful attorney-iri ktto make,exeioute,seal,ackrrowtedge and deliver,for and on its behalf as surety abd ac is act and=heed,00;dnd all undertakings,bonus recognizances and otherisurety obllgatlons t"piirsuance of these presents and shall"= be as binding upon the Companies as if they have_beerrduly signed tiythfl:presidentand attestetf by floe secretaryof the Companies in their owr5tiroper persons; IN WITNESS WHEREOF,this Power.ofAttomeyhas been subscribed. . an authgrized off der-arofficial of the:Comparues.6nd the.eotporafeaeats of the Companies have been affixed "thereto this loth day of November 2015 ` PND CASG tiTv INs� ,NsugY �wsuq -A n' Fire and-casualty GotnRany p�o4,TFq� ,o� �0� 9v2 �� 'tip ���Pn� �°�� The Ohio Casualty Insurance"Cornpany ai Z L; A f o o Liberty Mutual Insurance Company .0 1906 0 0 19119 1912 7f, 4itN 1991 � West merican In Company �• 3 y - �� kAA1PSQF�aa O�'lZ.�H�MPS�p�a4 �7-''rSACHU>" }� NDIaN� < .•� d * 1 * * * * By: David M.Care;Assistant Secretary' STATE OF PENNSYLVANIA sscc LCOUNTY OF MONTGOMERY = to d0) On this loth day of November 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Co w d Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, �, p2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d W Cc t 41 > IN WITNESS WHEREOF,I have hereunto subscribed my name and.affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 0-0 �' t0 P PAS COMMONWEALTH OF PENNSYLVANIA � LVI �''0onwrF� Notarial Seat �,n w) %_ Teresa Pastella,Notary Public gy /�'�' 0 CC M 41 of Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public `'F7 O ` a\P My Commission Expires March 28,2017 3 A wO ypFly� � ' Member,Pennsylvania Association of Notaries O O a4+ a., cc C t0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio-Casualty Insurance to p Company,Liberty Mutual Insurance Company,and West American Insurance-Company which resolutions are now in full force and effect reading as follows: taf ARTICLE IV—OFFICERS—Section 12 Power of Attorney.Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman or the President,and:subject_O C +; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys in-fact,as may be necessary-to act in behalf of the Corporation to make,execute seal O G acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-ln-fact subject to"the limitations set forth in their respective - E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such-instruments and to attach thereto the seal d the Corporation.;_When so "d p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to ahy representative or-attomey-in-fact under the provisions of this article may-be revoked at any time by the Board,the Chairman,the President or the officer or offioers granting such power or authority. - d O ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing.bythechairman or the president; oo. > ` 1 P y P PP ys y necessary Company>-d and subject to such timitafiohs as the chairman or the resident may rescribe;snail appoint such attome in-fact;as may be necessa to act in behalf of-the Com a, to make;execute; E N O 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognlzances and other surety obligations.' Such attomeys-tn-fact subject to-the._atiogs set foRti in.their 4_00 Z v respective powers of attorney,shall have full power to bind the.Company by their,signature and execution of any such instruments and"to,attach.thereto_the seal of the Company__When' -0 Q: executed such instruments shall be as bjnding as if signed by the presldentand attested by the secretary. bCID Certificate of Designation—The Presidentef he Company,acting pursuantao the Bylaws of the ompany authorizesDav M Carey;Ass Wnt:Secretary-to appolrit such attorneys=in fact as may be necessary-to act on behalf of:the Company tamake execute,seal,acknowledge and.dellueras surety agyarid all undertaklrt�s:.tiords;recognizances and othOr surety obligations. Authorization-By unanimous consent of the Company s Board of Direr tors,the Company conSorrWthat facsimile or mechanically reproduced stghaitire of any assistant seoret�ry of the Company,wherever appearing upon a certlfietl copy ofany.power of atfotney issued by the Companyin connection witsy(eiy bonds,shall vat ding,binding upon a Company with: the same force and effect as though manually affixed I,Gregory-W.Davenport,the undersigned,Assistant Secrsfary,ofAmerican l ire and Casually.Company,The Ohio.Casualty Insurance,Cclmparty Liberty Mutual Insurance Company aitd West American Insurance Company do_hereby co t.y.that the original power of altoniey of wh 'h the foregoing Is a full true:end correct copy of the Power of Attorney executed by said: . Companies,is in full force and effect_and has riot been revoked. IN TESTIMONY WHEREOF,l have hereunto set my hand and affixed the seals of said Companies this day of r 20 ` PtJD CAS-6 �'(Y INSb - - W SUR a,NSUq 1906 0 o s 19190 1912 3 < 1991 a By: g o a r m = Gregory W.Davenport;Assistant"Seecetary r 199 of 200. LMS 128731122013 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders.This law provides that,in order to be awarded a contract as low bidder,nonresident bidders(out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder.Resident bidders must check the box in Section B. A.Nonresident bidders in the State of :State Here or$lank ,our principal place of business, are required to be %Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State$ere uz Blanks',,our principal place of business, are not required to underbid resident bidders. B.The principal place of business of our company or our parent company or majority owner is in the State of Texas. 10 BIDDER: Company:C.Green Scaping,LP By:Curtis J.Gree Address:2401 Handley Ederville Rd. (Signature) Ft.Worth,TX 76118 Title:Vice President Date: 44k 6 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revived 20110627 W 41_00_00_42_43_00_43_13_00_43_37 Bid_Folm-Proposal-Bond Vendor_Comph-ce(1) 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that,in order to be awarded a contract as low bidder,nonresident bidders(out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction,improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder.Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be 1111M percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of ° our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas..9 BIDDER: Company: Company Name Here y: Printe Nam Address: Address Here Address Here or Space (S lure City,State Zip Code Here Title:Title Here Date: 4141 C. Green ka- in,LP 2401 Handley Edervi le Rd. Fort Worth, TX 76118 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00_41_00_00_42_43_00_43_13_00_43_37_Bid_Form-Proposal-Bond_Vendor_Compliawe(1).xls 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No.GG01-539590-0202003 Contractor further certifies that,pursuant to Texas Labor 6 Code,Section 406.096(b),as amended,it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 11 C G _�^n G + L By: Cn�h leer) JRU 1 9L-- 12 Company J (Please >~I 13 14 2.4nI No1►rlrl i,-y F—Ae—rV 11 lL 1d' Signature: 15 Address 16 17 F+• -N —11011t Title: Pre-s I dL 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the uhdersigned authority,on this day personally appeared 26 Ca 4-h Jew .��� i , ; ,known to me to be the person whose name is 27 subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as 28 the act and deed of r of the purpovs and 29 consideration therein expressed and in the caps ' y therein stated+ '' X93�° •' 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE thisti '' iial► if `" 32 L�Dri t ,20-L7 33 34 35 W7 36 ,.`n:. ',,, STA=Pube R Not Public i1 and for State of Texas j Notaryexas �'37 ..)'�,:T My s 38 END OF SECTION 39 CITY OF FORT WORTH BRICK PAVEMENT REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100632 Revised July 1,201I 004540-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is 9% of the total bid value of the contract(Base bid applies to Parks 14 and Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a MBE subcontracting goal is applied,Offerors are required to 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 24 3. Good Faith Effort documentation,or; 25 4. Prime Waiver documentation. 26 27 SUBMITTAL OF REQUIRED DOCUMENTATION 28 The applicable documents must be received by the Purchasing Division, within the following times 29 Lllci�:aled, in order for the entire bid to be considered responsive to the specifications_ The 1 r sha[I 30 dehvcr the MBE documentation in persue to the appropriate employee cif the purchasing division and 31 obtain a dateltirne receipt. Such recoipt shall be evidence that the City received the d utY�entation in the 32 time a]lc catcd. A maxed and/or mailedcopy will not be accepted. 33 1. Subcontractor Utilization Form,if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 34 CITY OF FORT WORTH BRICK PAVEMENT REHABILITATION 2017 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100632 Revised June 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form,if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The M/WBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 CITY OF FORT WORTH BRICK PAVEMENT REHABILITATION 2017 SX-ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100632 Devised dune 9,2015 00 52 43-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on April 4, 2017 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and C. Green Scaping, LP, authorized to do business in Texas, acting by and through 6 its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Brick Pavement Rehabilitation 2017-1 at Various Locations 16 City Proiect Number: 100632 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 210 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding, the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. CITY OF FORT WORTH Brick Pavement Rehabilitation 2017-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100632 Revised August 17,2012 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of Three Hundred Thirty-Seven Thousand, Six Hundred 38 Eighty-Five and 00/100 DOLLARS ($337,685.00). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents (project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTH Brick Pavement Rehabilitation 2017-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100632 Revised August 17,2012 005243-3 Agreement Page 3 of 4 74 Article 6.INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees, from and against any and all loss,damage 88 or destruction of property of the city, arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act, omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Brick Pavement Rehabilitation 2017-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100632 Revised August 17,2012 00 5243-4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 127 Contractor: City of Fort Worth G• CC n `L t�t�a L-P -By: RNA 64� Jay Chapa By: Assistant City Manager (Signal Date Ca+hie Y-) RL);. ? Attest: -et d -*I- (Printed Name) .City S retary (Seal) Title: 2. ) Address: F-1-. Vd.nri-k. -X -llr{ 1P) M&C C - 2�L6Date:City/State/Zip: proved as to Form and Legal x-14111 Date Doug as W. Black Assistant City Attorney 29 rZgs �1 � • c 6331 130 APPROVAL RECOMMENDED: 131 132 ,, �1 133 l� . 134 Douglas iersig, P.E. 135 DIREC OR, 136 Department of Transportation &Public Works 137 OFFICIAL RECORD CITY SECRETARY FT.WORT",TX CITY Brick Pavement Rehabilitation 2017-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100632 Revised August 17,2012 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Tariqul Islam � u�. f �rz )?'c r Title Bond No. 022057019 0061 13-1 PERFORMANCE BOND Page 1 0172 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS! 6 COUNTY OF TARRA_!T § 7 That we,C.Green Scapinew,Ll' known as"Principal" herein and 8 Liberty Mutual Insurance Company , 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 1 l pursuant to the laws of Texas, known as"City"herein, in the penal sum of, Three Hundred 12 Thirty-Seven Thousand,Six Hundred Eighly--Five and 00/100 Dollars($337,685.00), lawful 13 money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of 14 which sum well and truly to be made, we bind ourselves, our heirs,executors,administrators, 15 successors and 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 4th day of April,2017,which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein,to furnish all materials,equipment 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 Brick Pavement Rehabilitation 2017 at Various 21 Locations 22 City Project dumber: 1.00632 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. 32 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 33 Texas Government Code, as amended,and all liabilities on this bond shall be determined in 34 accordance with the provisions of said statue. 35 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEAi.,ED 36 this instrument by duly authorized agents and officers on this 4th day of April,2017. Crry OF FORT WORTH Brick Pavement Rehabilitation 2017-1 STANDARD CONS7'RIJCTIC)N SP[CIFICATION DOCUMENTS City Project No:100632 Revised July 1,2011 Bond No. 022057019 006113-2 PLRFORMANCL BOND Page 2 of 2 1 PRINCIPAL: 2 C. Green Scapin�,Lp 3 r 4 6 Signature 7 ATTEST: 10 (Principal) cretary Name and Title 11 12 Address: 2401 Handley Ederville 13 !EWo6,-TX_Zfz 18 14 15 _ �_ 16 n ss as�t4po N1ctt 1Yl���i 17 SURETY: 18 Liberty Mutual Insurance Company 19 _ 20 21 BY: 22 Signature 23 24 Rachyl Mullins, Attorney In Fact 25 Name and Title 26 27 Address: 320 Eagle Dr., Ste. 210 28 Denton fX7620T-- -- 29 30 _ 31 _itness as Sure y , Telephone Number: 940-382-9691 32 33 34 35 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 36 from the by-laws showing that this person has authority to sign such obligation_ If 37 Surety's physical address is different from its mailing address, both must be provided. 38 The date of the bond shall not be prior to the date the Contract is awarded. 39 CITY OF FORT WORTH Brick Pavement Rehabilitation 2011-1 STANDARD CONSTRUCTION SP13C1F1CATION DOCUMENTS Ciry Projecr Nro: /00632 Revised July 1,2011 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7643174 Liberty Mutual Insurance Company a The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.Kitty;Jeff P.King;Kylie Kelsoe;Rachyt Muffins all of the city of Denton state of TX each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,reloognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of March 2017 4o4sL'Ra The Ohio Casualty Insurance Company U)y n Liberty Mutual Insurance Company m 01919 n r `� c o 1912 a' 1991 = West merican Insurance Company N ' /� 4) til # 1t' • # G/ W By: A r- STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary M +r COUNTY OF MONTGOMERY _ C On this 3rd day of Marm , 2017 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance M F- h v d Company,The Ohio Casualty Company,and West American Insurance Company,and that he, as such, being authorized so to do,execute the foregoing instrument for the purposes p d to 3 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W S M y > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. &C- a gyp PASp� COMMONWEALTH OF PENNSYLVANIAC`j� ?v a o��powwE��(f I Notarial Seal )f� 4 "C'N a. u z y Teresa Pastella,Notary Public BY: O .O O 4) OF Upper Merion Twp.,Montgomery County Teresa Pastella.Notary Public y C ` ldP���G My Commission Expires March 28,2021 `$ M � 0 f�� Member,Pennsylvania Association of Notaries a E O r f�_ tC C to This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 00 4i - Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r Q M ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C �r to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, z'y O E- acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fad,subject to the limitations set forth in their respective 'G E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so 'ii u> `-a executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fad under >.0 Athe provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. r c ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o0 > 2) and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fad,as may be necessary to ad in behalf of the Company to make,execute, M 1 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their c ao l v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. C cryo Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- I r fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attomey executed by said Companies,is in full force and effect and has not been revoked. Ylt IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this + day of / 'M ,AQ INSU INS q NiNSUya�eWceir�9y� wtiJa°`uc>�Fo�� 4e aoa>nanr�;., p 1919mn� 1912 g 1991 c By: �" •+•• o �� ?,� a' Renee C.Llew , ssistant Secretary NArm"''" ,'' 23 of 200 LMS 12873 022017 Bond No. 022057019 0061 14-1 PAYMENT BOND Page I of 2 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. Green Scapinng, LP known as "Principal" herein, and 8 Liberty Mutual Insurance Company , 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 Three Hundred Thirty-Seven Thousand, Six Hundred Eighty-Five and 00/1.00 13 Dollars (5337,685.00), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principalhas entered into a certain written Contract with City, awarded the 18 4th day of April,2017,which Contract is hereby referred to and made a part hereof for al l 19 purposes as if fully set forth herein,to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Brick Pavement Rehabilitation 2017 at Various Locations 22 City Proiect Number: 1.00632 23 NOW, THEREFORE, TIIE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTII Brick Pmement Rehabilitation 2017-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0tv1'roject.Vo:100632 Revised July 1,2011 Bond No. 022057019 0061 14.2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 4th day of April,2417. 3 PRINCIPAL: C. Green Scaping, LP c ATTEST: BY: Signature (Principal) -cretary Name ndHandle Ederville Address: Y Ft. Worth TX 76118 s. o Principal SURETY: Liberty Mutual Insurance Company A`I'TFST: BY: Signature A0-4 &X& Rachyl Mullins, Attorney In Fact (S r )SdrctalqName and Title Address: 320 Eagle Dr., Ste. 210 A"4 Vk(W Denton, TX 76201� Witness as toAur*, Telephone Number: 940-382-9691 4 5 Note: if signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address,both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. to END OF SECTION tl CITY OF Fowl'WOR'I'll Brick Pavement Rehabilitation 2017,-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMUNTS Ciry Projecr No: 100632 Revised July 1,2011 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7643173 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King;Jeff P.King;Kylie Kelsoe,j RachYl Mullins all of the city of Denton state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of March 2017 v�yt R.gU9 .�J OPV U{1 `r11tr'o Uq� N F� The Ohio Casualty Insurance Company 0 1919 $ 1912 ° " 1991 1; Liberty Mutual Insurance Company c 3a r� West erican Insurance Company • to N �S)y K'fiFMP`%�a'aa V�jy1stACHU`'��4� f� � 1 1 C STATE OF PENNSYLVANIAss David M.Care ;Assistant Secretary ++ COUNTY OF MONTGOMERY C NOn this 3rd day of March , 2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v I— v d Company,The Ohio Casualty Company,and West American Insurance Company,and that he, as such,being authorized so to do,execute the foregoing instrument for the purposes >,,N LU 0.2 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C M G1 > IN WITNESS WHEREOF,i have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O t3. Sp, PAST COMMONWEALTH OF PENNSYLVANIA ///J/I, Q M NW P<, Notarial Seat d' q C.N �- ° z 9 Teresa Pastella,Notary Public By: 1f '— C Cd OF I Upper Merion Twp.,Montgomery County Teresa Pastella,Notary Public NC — L ae My Commission Expires March 28,2021 3 M hSytuA t O�0+ �T-0� � Member,Pennsylvania Association of Notaries a d C M This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual N p `4i"' Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: .0 C 0)U) wCD w d ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O r- 4) a1 to such limitation as the Chairman or the President may rescribe,shall appoint such attome in-fact,as may be necessary to act in behalf of the Co ai y p pp ' ys- y ry Corporation to make,execute,seal, �d O c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective p E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so 41 % executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >o the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t 0 MC ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, .r.r o0 > d and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their o0 I4 v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. o I? Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-m- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attdmey issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and.West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this �'� day ofr, ,20 1 �jI INS& Ay4NSUgq �.4iNSU"? 4J�CQA nR'ir R .CJ,p4FORAr'1'r, ��' LRPnR.9T A'C` 1' 0 1919 a 1912 3 a 1991 BY: o ,b Renee C.Llew , ssistant Secretary til . >`a • • 22 of 200 ¢ LMS_12873_022017 I{ Bond No. 022057019 0061 19. 1 MAINTENANCE BON{ Page I 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.Green Scaping.LP,known as"Principal"herein and 9 Liberty Mutual Insurance Company , 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 I I 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 Three Hundred 13 Thirty-Seven Thousand,Six Hundred Eighty-Five and 00/100 Dollars($337.685.00), lawful 14 money of the tinited States,to be paid in Fort Worth,Tarrant County, Texas, for payment of 15 which sum well and truly be made unto the City and its successors,we bind ourselves,our heirs, 16 executors, 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 the t9 4th day of April.2017, 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 Brick Pavement Rehabilitation 2017 at Various Locations 24 City Project Number: 100632; and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period")-, and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period, 34 CITY OF FORT WORTH Brick Pavement Rehabilivadbn 2017.1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Prgjecl No:100632 Revised July 1,2011 Bond No. 022057019 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'rexas,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 1.9 CITY OF FORT WORTII Brick Pavement rehabilitation 2017-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No: 100632 Reviscd July t,2011 Bond No. 022057019 0061 19-3 MAINTCNANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 4th day of April,2017, 3 4 PRINCIPAL: 5 C. Green Scaping, LP 7 8 BY: 9 Signature 10 ATTEST: 12 C114 tA 13 (Principalretary () Name and Title 14 15 Address:2401 Handley Ederville 16 _Ftp orf ,, TX 16118 17 18 _ _ 19 e s as to Principall4�lF.VWi d") 20 SURETY: 21 Liberty_Mutual Insurance Company 22 _ 23 24 BY: 25 Signature 26 27 Rachyl Mullins, Attorney In Fact 29 ATTEST: Name and Title 29 30 Address: 320 Eagle Dr., Ste._ 210 31 to (Sure )8e Denton, X 761_ 32 33 34 Witness as Surety Telephone Number 940-382-961 35 36 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 (]) CITY OF PORT WORTII Brick Pavement Rehabifttation 201;-1 STANDARD CONSTRUCTION SPECIFICATION DOCUNWNTS City Project.No:100631 Reviscd July I,2011 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7643172 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King;Jeff P.Kinn;KVtie Kelsoe;Rachel Mullins all of the city of Denton state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of March 2017 eo 4SV INSU `{NSUR y�1N5UR M oA ��ym �01Q�G. ,� �"� �wro^�^ The Ohio Casualty Insurance Company N G Liberty Mutual Insurance Company m o tete a 1912 a 1991 E- 40) Z 3 x civ � a West erican Insurance Company 1 > 4) # : * By: C STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary err COUNTY OF MONTGOMERY c tiOn this 3rd day of March 2017 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v v 4) Company,The Ohio Casualty Company,and West American Insurance Company,and that he, as such,being authorized so to do,execute the foregoing instrument for the purposes TN O therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d W A C `y > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O C. PAST COMMONWEALTH OF PENNSYLVANIA d 5p &Q� oww �F(` I Notarial Seal yBy: a o x Teresa Pastella,Notary Public .O M OF O 1. Upper Merton Twp.,Montgomery County Teresa Pastella,Notary Public C L t My Commission Expires March 28,2021 A LIAR G O Ry Member,Pennsylvania Association of Notaries O M a � 18 C MThis Power of Attorney is made and executed pursuant o and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual yr p H Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r CD m L ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C ra� to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �+y O acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective �p E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so at p L executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under >J3 A the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t M C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o? > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, E M p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their o? v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed bythe president and attested by the secretary c W Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to snake,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this -7 day of y .2-0 Ill . �y'fV INS(iR INSU,q AN MSUg4 _ v m f n f r' 4.RYai�r�' r 1912 0 � 1991 BY: i ab Renee C.LIev;Nrr,%ssistant Secretary A M!^'`A' yl 21 of 200 LMS 12873_022017 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: acy Rh 1 Mullins Agents Alliance Services, Ltd AICONNo Ext: (800)453-9691 FAX No:(940)243-1050 Ramey King Insurance E-MAIL ADDRESS:rachylmullins@rameyking.com 320 Eagle Drive, Ste 210 INSURERS)AFFORDING COVERAGE NAIC# Denton TX 76201 INSURERA West American Company 44393 INSURED INSURERB:Ohio Casualty 24074 C Green Scaping, LP INSURERC:Texas Mutual Ins. Co. 22945 2401 Handley Ederville Rd. INSURERD:America First Insurance 12696 INSURER E: Fort Worth TX 76118 INSURERF: COVERAGES CERTIFICATE NUMBER:CL175431853 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DFSCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 TO A CLAIMS-MADE ❑X PREMISES OCCUR DAMAGES( RENTED 100,000 Ea occurrence $ BKW57098415 5/13/2017 5/13/2018 MED EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 1KPRO- POLICY E LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Pollution Liability $ 300,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BAW57098415 5/13/2017 5/13/2018 BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Peracadent X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,0- 00 D7ED I RETENTION$ 10,000 TJS057098415 5/13/2017 5/13/2018 $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'UABILITY YIN X STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA C (Mandatory in NH) TSF0001252254 5/13/2017 5/13/2018 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If Eyes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1,000,000 D Equipment Floater IM8854626 5/13/2017 5/13/2018 Rented/LeasedEquipment $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Brick Pavement Rehabilitation at Various Locations 2017-1. City Project No. 100632. The insured's policy includes a blanket additional insured endorsement as required by written contract with regards to the General Liability policy. The general liability endorsements include coverage for ongoing (Form CG8810) and completed operations (Form CG8980) . The insured's general liability policy includes form CG8810 - Primary and Non-Contributory. The insureds workers compensation policy has a blanket waiver of subrogation as required by written contract per form WC 42 03 04 A (Ed. 1-00) . The insureds auto liability policy has a blanket additional insured and blanket waiver of subrogation endorsement as CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE f Jeff King/RLM ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(7014011 COMMENTS/REMARKS J required by written contract per form CR8810. Blanket Waiver of Subrogation also applies to the General Liability (CG8810) as required by written contract. The Umbrella applies as per scheduled underlying insurance. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE Y NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY ELEVATORS 2 N EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS COVERAGES A AND B 3 ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 M KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph; 2. Exclusions of Section I - Coverage; A -Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You isnot otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A Bodily Injury and Property Damage Liability a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To PremisesRented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage' from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property damage) Paragraph 9.a. of Definitions is replaced with the following: n 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire- protection systems to premises while rented to you or temporarily occupied by you with the, permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I-Coverage C''-Medical Payments, Subparagraph (b) of Paragraph a, is replaced by the following:, (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments-Coverages A and B, Paragraph,1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents_ or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d, is replaced by the following: ° d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. " G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or- b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 6 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. c. "Bodily injury", "property damage or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d; "Bodily injury" or"property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization 'other than another contractor or subcontractor engaged in performing operations for a principal as'a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy, 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable- Limits of Insurance shown in the Declarations; whichever is less: This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form " or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. U 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. L ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part: d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit by the additional' insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated` in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance- available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO 1S AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11-Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; " (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and U 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3, of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However; a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or"property damage that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision, L, FAILURE TO DISCLOSE HAZARDS AND PRIOROCCURRENCES Under Section IV Commercial General Liability Conditions, the following is added to Condition 6.Repre- sentations: m Your failure to disclose all hazards or prior 'occurrences existing as of the inception date of the policy shall not prejudice the coverage'afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not'intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 -Who is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing ,operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2. The Construction Project General Aggregate Limit is the most, we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project GeneralAggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However,, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by `occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section l - Coverage C Medical Payments, which cannot be attrib- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 89 80 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - ARISING OUT OF YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s): Blanket Additional Insured agreed Address 2401 HANDLEY EDERVILLE ROAD City State Zip FORT WORTH, TX 76118 Location And Description of Completed Operations: Description of Completed Operations Work described in writing in the contract, agreement or permit Location - Including Duration of Job Location(s) at which You performed work described in written contract, agreement or permit. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". O 2013 Liberty Mutual Insurance CG 89 80 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUET OR LOSS 18 AMENDED< FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee- hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE- BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY20 LOAN ( LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTSCOVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 19 SECTION II-LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II -LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured does not include any organization that (1) is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 92010Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury' or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: f, Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their-employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respectto the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS: SECTION II - LIABILITY COVERAGE, Coverage Extensions,, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced- by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled_ to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion„ B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III-PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or @2010 Liberty Mutual Insurance Company.All rights reserved_ CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage_applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of,repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III PHYSICAL DAMAGE COVERAGE,paragraph A.2. Towing, is amended by the addition of the following: We will pay towingand labor costs incurred, up to the limits shown below,- each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 1,0,001 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION ill - PHYSICAL DAMAGE COVERAGE,is amend- ed to provide a limit of$50 per day and a maximum limit of$1,500 ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III- PHYSICAL DAMAGE COVERAGE,A. COVERAGE,is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement, will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove „ and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension: f. No deductible, applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE' Under SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you. The maximum 'amount we will pay is$1,000. m 11. PERSONAL EFFECTS COVERAGE A. SECTION III PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased_Comprehensive Coverage ,on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other' collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION ill - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss caused by collision to such covered "auto of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any"loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material factsexisting as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 0 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Ind udes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV-BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay, for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V-DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION, COMMON POLICY CONDITIONS, paragraph A.'- CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states 'which require more than 60 days prior notice of cancella- tion. ©2010 Liberty Mutual Insurance Company.All rights reserved_ CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 Texasmutuai 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 05/13/2017 at 12:01 a.m.standard time,forms a part of, Policy No.0001252254 of Texas Mutual Insurance Company effective on 05/13/2017 &t,,e Issued to: C GREEN SCAPING LP 6e— Premium: $14,557.00 Authorized Representative NCCI Carrier Code:29939 05/0412017 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-5995 1 Fax(800)359-0650 1 texasmutual.com WC 42 03 04 B STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy Z 2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent, Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:F mimy2,2016 6.02 Labor;Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager ............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnkiry Z 2016 Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxuary 2,2016