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HomeMy WebLinkAboutContract 41794 City of Fort Worth, Texas Fort Worth Water Department con CITY SECRr=GARY 1 CONTRALT NO. 1 ROLLING HILLS 1 1 WATER TREATMENT PLANT 1 1 ct FILTER N REPAIR PROJECT I APRIL 2011 PREPARED BY: i I DAN SHANNON �..N..N•NN.•NNM••• N� Camp Dresser & McKee Inc. 57897 Texas Registration No. F-3043 fit% ••�' 0 0 410•• fell I i City of Fort Worth Rolling Hills WTP Filter No 3 Repair Project ' CITY OF FORT WORTH Rolling Hills Water Treatment Plant Filter No.3 Repair Project ADDENDUM NO. 1 April 28,2011 ' The Contract documents for the Rolling Hills Water Treatment Plant—Filter No. 3 Repair Project, for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this Addendum No. 1. Bidders must acknowledge receipt of this Addendum on the Proposal—Part B. ' PROJECT MANUAL REVISIONS % J. DAN SHANNON X11 :.% 57897 l SECTION 01010—SUMMARY OF WORK Il�t��`S•S'��/p a) Page 01010-2, Paragraph 1.02.C.Lf. IChange"12 inches of media support gravel"to"10 inches of media support gravel". Ib) Page 01010-2, Paragraph 1.02.C.2. Delete the first paragraph and replace with the following: I "2. Work related to the rehabilitation of Filters No. 2,No. 4,No. 15 and No. 16 includes the following items:" C) Page 01010-3, Paragraph 1.02.C.2.f. Insert the following after Paragraph 1.02.C.2.e, and renumber paragraphs"f and g"as"g and h" respectively. 'T. Installation of 10 inches of media support gravel." SECTION 13221 —FILTER UNDERDRAIN SYSTEM d) Page 13221-5, Paragraph 2.01.A.2. Add the following sentence to the end of the paragraph. "The existing drop pipes in Filter No. 3 can be reused if they meet the requirements for the underdrain system being supplied." e) Page 13221-9, Paragraph 3.01.I. Delete the last sentence of the paragraph. ADDENDUM NO. I 1 April 28,2011 City of Fort Worth Rolling Hills WTP Filter No 3 Repair Project SECTION 13226—FILTER MEDIA SUPPORT GRAVEL a) Page 13226-3, Part 2, Paragraph B.1 Replace paragraph B.1 with the following: 1. The gravel placed on top of the filter underdrain system shall be in layers for a total depth of 10 inches. The number of layers and gradation of the layers shall be as shown below: Depth Gravel Size Top 2-in 3/4-in by 1/2-in ' 2-in 1/2-in by 1/4-in Mid 2-in 1/4-in by 1/8-in 2-in 1/2-in by 1/4-in IBottom 2-in 3/4-in by 1/2-in The filter underdrain manufacturer shall certify that the above gradation is appropriate or shall recommend changes to meet the requirements of the underdrain. Such changes, upon approval, shall be provided at no additional cost to the Owner." IDRAWINGS REVISIONS ISHEET 7—FILTER No. 3 SECTIONS a) In Sections 1 and 2 and in Note 2, change "12"Gravel"to"10"Gravel"to reflect that the media support gravel shall be 10 inches in depth per specification 13226. END OF ADDENDUM NO. 1 i ADDENDUM NO 1 2 April 28,2011 City of Fort ort Worth Rolling Hills WTI, I iller No.3 Repair Project CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Rolling Hills Water Treatment Plant Filter No. 3 Repair Project I By. AL!�� +�►��. 'fie ��p �� Title STATE OF TEXAS_ ❑ SALLY I MILLER date '-5 Notary Public—State d Kansas COUNTY OF TAtRfhVff MyAppt.Expires-1 QU-/-,�; BEFORE ME, the undersig ed authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that h execut d the same as the act and deed of A9, �e �,PA. 7:L:Nc- , for the purposes and considerations therein expressed and in the capacity therein stated. r GIVEN UNDER MY HAND AND SEAL OF OFFICE this /q-HA day of , 201 Notary Public in and for the State of a Kdwt S Ez (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. Workers Comp WC-I April 2011 fi PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § National. Fire Bond No: 58683520 Liberty Bond No: 674017588 That we, Garrey Companies, Inc._ _ , as Principal herein, National ire insurance C,orr�pany of RartTo-d an and (2) Liberty Mutual Fire Insurance Company, as Co-Sureties , a corporation organized under the laws of the State of(3) respectively and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, Obligee herein, in the sum of one hundred ninety-nine thousand Dollars ($ 199,000.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of McV , 20 /l , a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Rolling Hills Water Treatment Plant — Filter No. 3 Repair Project NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all I outlay and expense that Obligee may incur in making good such default, then this obligation l shall be void; otherwise, to remain in full force and effect. I PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. National Fire Insurance Company of Hartford Liberty Mutual Fire Insurance Company CNA Plaza 450 Plymouth Road, Suite 400 Chicago, IL 60685 Plymouth Meeting, PA 19462 312/775-7276 Ph: 610/832-8240 IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this t day of , 20 ELI7ARETH A.GAR.DNER . NOTARY PL13LIC, STAI-E OF KANSAS; Gamey esr Inc. M-,"COMM.EXP. � PRIN ATTEST: By: Name: �tkA- L-.4-ao (Principal) Secretary Title: � lGA— (S E A L) Address: �331�� Std (�M� A- M� Witness to Pri ipal National Fire Insurance Cry of Hartford and Liberty Mutual Fire Insurance Company SURET&t4 Y �^ 'Witness: By: �Gr-Q� ' `" QName: Linda L. Nutt Witness Attorney in Fact (S E A L) Address: THOMAS MCQEE, LC. Mo 84105 r21 A-1842/48W Witness as to Surety Telephone Number: NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Linda L. Nutt ,Individually ' of Kansas City,MO their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- Surety Bond Number: 58683620 Principal: Gamey Companies,Inc. Obligee: City of Fort Worth and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 20th day of January,2011. 0AsS r o tKS1IRq ` && Continental Casualty Company F National Fire Insurance Company of Hartford F coAV.narF S 'm *txreWW, _� American Casualty Company of Reading,Pennsylvania S �J SEAL N152 1' �7 1997 HARD • Stathy Darcy entor Vice President State of Illinois,County of Cook,ss: On this 20th day of January,2011,before me personally came Stathy Darcy to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Glenview,State of Illinois;that she is a Senior Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that she knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. EUZA PRICE ..tgTARYPUIUC-iTATEO AMT/13 Dxtz:lt �notlweaa� ear+ma My Commission Expires September 17,2013 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still iiLf,oQrce. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this _day of /"it X ZJ J pPSw<ry ►t+s ot'PANN%, National Fire Insurance Company of Hartford Continental Casualty Company °pp°oA°rE 7American Casualty Company of Reading,Pennsylvania SEALS 1997 HAIA� Form F6853-I/2011 Mary A.R ika kis Assistant Secretary ` Authorizing By-Laws and Resolutions ADOPTED BY'THE BOARD OF DIRFCTORS OF('()NTt\FNTAL CAY ALTY COMPANY This Power of Attorne\ is made and executed pursuant to and br authority(it ti�lloA ing By-Lau duls adopted M the Beard of Directors of the Compam. � . "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-i n-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article iX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsitnile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Documents Section 3 Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the Iimitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`"day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant !1 Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the ! Company. If "Article VII—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, Iundertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February, 1993. "RESOLVED: That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Insurance Company may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Insurance Company may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Insurance Company. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Insurance Company." 2520317 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. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610-832-8240 between 9:00 am and 4:30 pm EST on any business day. LIBERTY MUTUAL FIRE INSURANCE COMPANY WAUSAU,WISCONSIN POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Fire Insurance Company (the "Company"), a Wisconsin stock insurance company, through L. tt its Assistant Secretary, pursuant to and by authority of the Board of Directors hereinafter set forth,does hereby name, constitute and appoint Linda Nu ............L....................................................................................................................................................................................................... its true and lawful attomey-in-fact, with full power and authority hereby conferred to sign,execute and acknowledge, at any location within the United States,the following surety bond: Principal Name: Garney Companies, Inc. Obligee Name: City of Fort Worth LMS Surety Bond Number: 674017588 Bond Amount: See Bond Form That this power is made and executed pursuant to and by authority of the following Unanimous Consent and Vote of the Board of Directors dated June 28,2006 wherein,among other things,it was: VOTED that the Secretary and each Assistant Secretary be, and each of them is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of the Company surety undertakings, bonds, recoginzances and other surety obligations;and that the Secretary and each Assistant Secretary be,and each or any of them hereby is,authorized to attest to the execution of any such power of attomey,and to affix thereto the corporate seal of the Company. That the Resolution set forth above is a true copy thereof and is now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Fire Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 28th day of MARCH, 2009 . LIBERTY MUTUAL FIRE INSURANCE COMPANY Ja,f\AE18S�� o� o� INCORPORATED 08 � 19 � 4 By COMMONWEALTH OF PENNSYLVANIA ss �se9xslN Garnet W.Elliott,Assistant Secretary COUNTY OF MONTGOMERY On this 28th day of MARCH, 2009 ,before me,a Notary Public,personally came Garnet W.Elliott,to me known,and acknowledged that he is an Assistant Secretary of Liberty Mutual Fire Insurance Company;that he knows the seal of said corporation;and that he executed the above Power of Attomey and affixed the corporate seal of Liberty Mutual Fire Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WF�E�tEOFA�(,have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written/�P`vMONwF9l i��< COMMONWEALTH OF PENNSYLVANIA OF = y Notarial Seal Teresa Pastella,Notary Public o Plymouth Montgomery County My Commission Expires March 28,2013 p�, syLVa`�G P118�. Member,Pennsylvania Association of Notaries By CERTIFICATE Teresa Pastella,Notary Public I,the undersigned,an Assistant Secretary of Liberty Mutual Fire Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoint attorneys-in-fact as provided in the Unanimous Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated June 28,2006. This certificate and the above power of attomey may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board f of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated June 28,2006 1! wherein it was VOTED that the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate.bearing such facsimile signature and facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any surety undertakings,bonds, recognizances and other surety obligations to which it is attached. IN TESTIMONY WHEREOF, I have hereunto subscribed my namC corporate seal of the said company, this �d day of /UI#y La,I I . I By David M.Carey,Assistant Secretary PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § National Fire Bond No: 58683520 Liberty Bond No: 674017588 That we, (1), Garnet/ Companies, Inc. as Principal herein, National ireTnsurance Ccxrrp y of Hartford and and (2) Liberty mutugi Fire Tnsurance Cu=ny,, as Ci-Sureties a corporation IL & WI organized and existing under the laws of the State of(3)respectively as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, Obligee herein, in the amount of one hundred ninety-nine thousand Dollars (S 199,000.00____) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the l_day of Met/ , 20jL, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Rolling Hills Water Treatment Plant—Filter No. 3 Repair Project NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. I National Fire Insurance Company of Hartford Liberty Mutual Fire Insurance Company C CNA Plaza 450 Plymouth Road, suite 400 Chicago, IL 60685 Plymouth Meeting, PA 19462 312/775-7276 Ph: 610/832-8240 f I: IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety havc executed this instrument. SIGNED and SEALED this ( � day of Y1( `., , 201�_. El 171\F7NOTARY f 11 + Ir. Sir`. Of h v�f txU ` Gainey Canpanies, Inc. PRIN 1 ATTEST: By: Name: kc L,6.e4Q-1tae_ (Principal) Secretary ` 1 Title: VL�� �Q-.1�5 ko�-r— (S E A L) Address: 3 ��J�e aQ Witn ss as o Princi al National Fire Insurance Canpany of Hartford and Liberty Mutual Fire Insurance Company SURETY ATVEW:Witn ess By: yName: Linda L. Nutt sL&� Witness Attorney in Fact (SEAL) Address: 4 l ,r . _ "l C r� _�,�:�y l'`� Witness as to Surety ` Telephone MN 4?J 4800 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsvlvania,a Pennsylvania insurance company(herein called "the CNA Companies").are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Linda L.Nutt ,Individually of Kansas City,MO their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- Surety Bond Number: 58683620 Principal: Gamey Companies,Inc. Obligee: City of Fort Worth and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 20th day of January,2011. cASUq�r o f IASU14,� ` �� Continental Casualty Company National Fire Insurance Company of Hartford coRPORATf S � ,Omoa4t�e -� American Casualty Company of Reading,Pennsylvania Z > s MY 11, �u SEAL < i 1902 T 1897 HARD • Stathy Darcy entor Vice President State of Illinois,County of Cook,ss: On this 20th day of January,2011,before me personally came Stathy Darcy to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Glenview,State of Illinois;that she is a Senior Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that she knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. EOF"FCK BEAT L►PRICE ,o .STAY[OF LLN= oN[tr�a[rtlna 0---1 (f *�/ — My Commission Expires September 17,2013 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby j certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of II the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this day of A(V eASU.ltr ttrsuq�� Continental Casualty Company O� Z_,�w National Fire Insurance Company of Ha rtford �ORP�RATf American Casualty Company of Reading,Pennsylvania SEAL1897 HAR Mary A.R ikai@kis Assistant Secretary Form F6853-1/201 l Authorizing By-Laws and Resolutions AD()P"TFD BY THE BOAR[)i If I)lk[( 1tIRS of l'()' TRsFNl A1.C°.ASI'AI fY ('0MPANY phis Power k,f Ali otne% i>made and evecured pursuant h and M authilrit� of the I011wN ing B�-Li" duly adapted h� the Beard of Directors of the umpan\ "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive.Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact-" tThis Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article TX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Documents Section 3 Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President may, from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorney s-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attomey-in-fact." I This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"r'day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VII—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors, may,at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`h day of February, 1993. "RESOLVED: That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Insurance Company may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1 993 and the signature of a Secretary or an Assistant Secretary and the seal of the Insurance Company may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Insurance Company. Any such If power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Insurance Company." 2520317 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. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610-832-8240 between 9:00 am and 4:30 pm EST on any business day. LIBERTY MUTUAL FIRE INSURANCE COMPANY WAUSAU,WISCONSIN POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Fire Insurance Company (the "Company"), a Wisconsin stock insurance company,through its Assistant Secretary, pursuant to and by authority of the Board of Directors hereinafter set forth, does hereby name, constitute and appoint ,Linda.L,.Nutt................... its true and lawful attorney-in-fact,with full power and authority hereby conferred to sign, execute and acknowledge, at any location within the United States, the following surety bond: Principal Name: Garney Companies, Inc. Obligee Name: City of Fort Worth LMS Surety Bond Number: 674017588 Bond Amount: See Bond Form IThat this power is made and executed pursuant to and by authority of the following Unanimous Consent and Vote of the Board of Directors dated June 28,2006 wherein,among other things,it was: VOTED that the Secretary and each Assistant Secretary be, and each of them is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of the Company surety undertakings, bonds, recoginzances and other surety obligations;and that the Secretary and each Assistant Secretary be,and each or any of them hereby is, authorized to attest to the execution of any such power of attorney,and to affix thereto the corporate seal of the Company. IThat the Resolution set forth above is a true copy thereof and is now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Fire Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 28'h day of MARCH, 2009 . LIBERTY MUTUAL FIRE INSURANCE COMPANY ,J�11RE IYSpA�_ p C $ INCORPORATED 7 1908 � By I�� Garnet W. Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss scoxstN COUNTY OF MONTGOMERY On this 28th day of MARCH, 2009 ,before me,a Notary Public,personally came Garnet W. Elliott,to me known,and acknowledged that he is I an Assistant Secretary of Liberty Mutual Fire Insurance Company;that he knows the seal of said corporation;and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Fire Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WtE�2E0 aA hF ve hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year 1 first above written%P o�M0NWt.- COMMONWEALTH OF PENNSYLVANIA Notarial Seal OF Teresa Pastella,Notary Public 4 Plymouth Montgomery County My Commission Expires March 28,2013 B 9� PV�V Member,Pennsylvania Association of Notaries y Teresa Pastella,Notary Public CERTIFICATE I,the undersigned, an Assistant Secretary of Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoint attorneys-in-fact as provided in the Unanimous Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated June 28,2006. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated June 28,2006 wherein it was VOTED that the signatures of such officers and the seal of the Company may be affixed to any such power of attomey or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature and facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any surety undertakings, bonds, recognizances and other surety obligations to which it is attached. IN TESjIjv1ONY WHEREOF, I have hereunto subscribed my namCO is /0 day of W zt:�I wy� �1 �J �O °,$ INCORPORATED j 190! By w�scoxst� David M.Carey,Assistant Secretary MAINTENANCE BOND THE STATE OF TEXAS § National Fire Bond No: 58683520 § COUNTY OF TARRANT § Liberty Bond No: 674017588 KNOW ALL BY THESE PRESENTS: That Garney Companies, Inc. ("Contractor"), National ire Insurance Umipany ot Hartford an as principal, and, Liberty Mutual Fire Insruance Company a corporation organized under the laws of the State of & t`�' respectively ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws ' of the State of Texas, ("City") in Tarrant County, Texas, the sum of one hundred ninety-nine thousand Dollars ($ 199,000.00 ), lawful money of the United States, for payment of which Isum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the /b of Mry 20 /1 , a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Rolling Hills Water Treatment Plant— Filter No. 3 Repair Project the same being referred to herein and in said I contract as the Work and being designated as project number(s) and f said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and IWHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Water Department, it be necessary; and, National Fire Insurance Company of Hartford Liberty Mutual Fire Insurance Company CNA Plaza 450 Plymouth Road, Suite 400 Chicago, IL 60685 Plymouth Meeting, PA 19462 312/775-7276 Ph: 610/832-8240 WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 4 counterparts, each of which shall be deemed an original, this avPf � t A.D. 20��. FLIZ4PFTH A.GARDNER - NOTARY PU31-I0,STATE OF KANSAS, ATTEST: NAY GO gin. EXP. -2 vl Gamey es Inc. (S E A L) - - — Contractor By: V &7!� - Secretary Name: Title: Q c c..4-- ?I$S i National Fire Insurance Company of Hartford and AqVE&Tyitness: Liberty Mutual Fire Insurance Company (S E A L) Surety f By: Mq Witness Name: Linda L. Nutt Title: Attorney-in Fact `11g�0M��AS MIGUEE, °eitlittiYlAI fi ST • I ANSAS CITY, 641vu Address POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By Tfrese Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies").are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint fLinda L.Nutt ,Individually of Kansas City, MO their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- Surety Bond Number: 58683620 Principal: Gamey Companies,Inc. Obligee: City of Fort Worth and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. ' This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 20th day of January,2011. ensut Continental Casualty Company IMSURA,�, ` Ot h�dam"' �' National Fire Insurance Company of Hartford G°RPORATF 5��Ncoaar� American Casualty Company of Reading,Pennsylvania SEAL s I L tu199i s � Nk 1897 HART • Stathy Darcy error Vice President State of Illinois,County of Cook,ss: On this 20th day of January,2011,before me personally came Stathy Darcy to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Glenview,State of Illinois;that she is a Senior Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that she knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. Nbil'6i�>3E111 ., t 8 W PRICE J�A WT*Y R&C•STA71 OF VJM ! I MY001tiMlIONA7fPARAM 00 My Commission Expires September 17,2013 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby I certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this /46 day of M r y , 70 t'l I �cnSUt op tl tMSUR� ,R Continental Casualty Company E AP ��� ��°`p°" �' National Fire Insurance Company of Hartford CORPORATE - American Casualty Company of Reading,Pennsylvania to !- $ A s c MY 71, Z 13,W U SEAL °� < 1992 cop 1897 � MAA�� 6 � Mary A.R ika kis Assistant Secretary ` Form F6853-1/2011 Authorizing By-Lama's and Resolutions AD(1PFFDBY THE B()ARDI)f DIRTY I()RSt>I Ctth FIN FNTAL CAS('ALn C>MP.4'yY I his Power M Attome% i,made and elecured pursuant to and h\ authont� rd the toll- ti mg B\-LaH du F\ aclopled h� the Board of Directors of the C ompam "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Compare by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed ' and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company," ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: ' This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Documents Section 3 Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attomeys-i n-fact,subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`h day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by I facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the ICompany. "Article VII—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors, may, at any time, Irevoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`h day of February, 1993. "RESOLVED: That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Insurance Company may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Insurance Company may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Insurance Company. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the insurance Company." 2520317 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. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610-832-8240 between 9:00 am and 4:30 pm EST on any business day. LIBERTY MUTUAL FIRE INSURANCE COMPANY WAUSAU,WISCONSIN POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Fire Insurance Company (the "Company"), a Wisconsin stock insurance company,through its Assistant Secretary, pursuant to and by authority of the Board of Directors hereinafter set forth, does hereby name, constitute and appoint ,Linda.L.Nutt .............................................................................................................................................................. its true and lawful attorney-in-fact,with full power and authority hereby conferred to sign, execute and acknowledge, at any location within the United States, the following surety bond: Principal Name: Garney Companies, Inc. Obligee Name: City of Fort Worth LMS Surety Bond Number: 674017588 Bond Amount: See Bond Form That this power is made and executed pursuant to and by authority of the following Unanimous Consent and Vote of the Board of Directors dated June 28,2006 wherein,among other things,it was: ' VOTED that the Secretary and each Assistant Secretary be, and each of them is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of the Company surety undertakings, bonds, recoginzances and other surety obligations; and that the Secretary and each Assistant Secretary be,and each or any of them hereby is, authorized to attest to the execution of any such power of attorney,and to affix thereto the corporate seal of the Company. IThat the Resolution set forth above is a true copy thereof and is now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Fire Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 28Th day of MARCH, 2009 . LIBERTY MUTUAL FIRE INSURANCE COMPANY O�ttRE1NSU� l p INCORPORATED < 1 e 4 w� lll...JJT"r111'ttY""III"'"""��•______CCC��, yam+ lJ By COMMONWEALTH OF PENNSYLVANIA ss 121sc9x0 Garnet W. Elliott,Assistant Secretary COUNTY OF MONTGOMERY On this 28th day of MARCH, 2009 ,before me,a Notary Public,personally came Garnet W.Elliott,tome known,and acknowledged that he is an Assistant Secretary of Liberty Mutual Fire Insurance Company;that he knows the seal of said corporation;and that he executed the above Power of t Attorney and affixed the corporate seal of Liberty Mutual Fire Insurance Company thereto with the authority and at the direction of said corporation. IIN TESTIMONY WIE�2E0 aA hF ve hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written �tAONTyF �F� COMMONWEALTH OF PENNSYLVANIA O 9 ~ ` OF !Z D Notarial Seal Teresa Pastella,Notary Public r� Plymouth Montgomery County 0VP G My Commission sion Expires March 28,2013 PVBV Member,Pennsylvania Association of Notaries By CERTIFICATE Teresa Pastella,Notary Public I,the undersigned, an Assistant Secretary of Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoint attorneys-in-fact as provided in the Unanimous Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated June 28,2006. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated June 28,2006 wherein it was VOTED that the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature and facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any surety undertakings, bonds, recognizances and other surety obligations to which it is attached. IN TESTI ONY WHEREOF, II thave hereunto subscribed my name ;oaffixQ he corp orate seal of the said company, this �� day of � PORATED 90! r By �.. w/sCOMStM David M.Carey,Assistant Secretary " State o f Texas COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that you have filed, write to the company that issued the bond or policy. If the problem is not resolved, you may also write to the State Board of Insurance, P.O. Box 149091, Austin. TX 78714-9091, FAX #(512) 475-1771. This notice of complaint procedure is for information only and does not become part or condition of this bond or police. CLAIM NOTICE ENDORSEMENT: In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: (312)755-7276 National Fire Insurance Company of Hartford, CNA Plaza Chicago, IL 60685 "DISCLOSURE OF GUARANTY FUND NONPARTICIPATION" TEXAS SENATE BILL 255 In the event National Fire Insurance Company of Hartford is unable to fulfill it's contractural obligations under this policy or contract or application or certificate of evidence of coverage, the policyholder or certificate holder is not protected by an insurance guaranty fund or other solvency protection arrangement. I I State of Texas COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that you have filed, write to the company that issued the bond or police. If the problem is not resolved, you may also write to the State Board of Insurance, P.O. Box 149091, Austin, TX 78714-9091, FAX #(512)475-1771. This notice of complaint procedure is for information only and does not become part or condition of this bond or policy. CLAIM NOTICE ENDORSEMENT: In accordance with Section 2253.021(0 of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: (610)832-8240 Liberty Mutual Fire Insurance Company 450 Plymouth Rd, #400 Plymouth Meeting, PA 19462 "DISCLOSURE OF GUARANTY FUND NONPARTICIPATION" TEXAS SENATE BILL 255 In the event Liberty Mutual Fire Insurance Company I is unable to fulfill it's contractural obligations under this policy or contract or application or certificate of evidence of coverage, the policyholder or certificate holder is not protected by an insurance guaranty fund or other solvency protection arrangement. � PART G CONTRACT i PART G CONSTRUCTION CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: ' This agreement made and entered into this the I !� _day of ,. A.D., 20// , by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority(vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Coun it of said city, hereinafter called OWNER, and Gamey Companies Inc of the City of County of far l�_s.�� , State of K16,50ort I hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Rolling Hills Water Treatment Plant Filter No.3 Repair Project iThat the work herein contemplated shall consist of furnishing as an independent contractor labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within seven (7) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be$199,000.00. The Contractor shall provide a Payment Bond, Performance Bond, and two-year Maintenance Bond, each in the full amount of the contract. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the Part D - Special Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. Part G-Contract G-1 April 2011 IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the Assistant City Manager and attested by its I Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the h) day of /��Ty 20 SALLY J. MILLER INotary Public-State of Kansas Co tr for si ature II V\LV-V Appt Expires J f IName —' Office L Assistant City Manager APPROVA MMEND RECORDED: By. \ By: Fort Worth Water Department �op�,aot����1 City Secretary as IF0A r p, 000,0000*�� -o 0 0� APPR lAssi F EGALIT��oo°U o o�A��� 0 0 o Z By: ��o OMP 3 Z Date nt City Attorney 0, �00 0o. mod �� 000000000 aa�ft X M AL RECORD ECRETARY ORTH,TX Part G-Contract G-2 Apri12011