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HomeMy WebLinkAboutContract 46227 CRY SECRETAIMf� Z T�COPY FOIL CONTRACTOR CONTRACT NO. t� --- CWRACMi BONONIQ CO. :CITY SECREEW FoRT WoR' TH .�T#W-FU COPY PROJECT MANUAL FOR THE CONSTRUCTION OF BRICK PAVEMENT REPAIR (2014-12) AT VARIOUS LOCATIONS r City Project No.GG01-537110-0202007 Betsy Price Tom Higgins 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 2014 a �AEEUBESSaaos'R'F��Ij OFFICIAL RECORD aa°a�* CITY SE CRETARY Eaa9E� au �t ;DES p ESE?64KHOOa 7���E®EObEEMEOEtlO 9 Pp ��� 9 1'S✓� .. � E F 04� •�•Em 6' RECEIVED DECO AM v � ,, M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fa-RTWORTH COUNCIL ACTION: Approved on 9/23/2014 DATE: 9/2312014 REFERENCE **C-26986 LOG NAME: 20BRICK PAVEMENT NO.: REPAIR 2014-12 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with C. Green Scaping, LP, in the Amount of $307,458.00 for Brick Pavement Repair 2014-12 at Four Locations (COUNCIL DISTRICTS 2, 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$307,458.00 for brick pavement repair 2014-12 at four locations. DISCUSSION: Brick Pavement Repair 2014-12 provides for the removal and replacement of failed brick pavement on Camp Bowie Boulevard, Main Street, North Main Street and Packers Avenue. Funding for this project is included in FY2014 General Fund Budget. The City reserves the right to increase or decrease the 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 and available appropriations. This project was advertised for bid on May 29, 2014 and June 5, 2014 in the Fort Worth Star- Telegram. On June 26, 2014, the following bid was received: BIDDER AMOU T C. GREEN SCAPING, LP $307,458.00 M/WBE Office-C. Green Scaping, LP, is in compliance with the City's BDE Ordinance by committing to three 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 11 percent. Additionally, C. Green Scaping, LP, is a certified M/WBE firm. This project is located in COUNCIL DISTRICTS 2, 7 and 9, Mapsco 62G, 75F, 76A and 77A. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 537110 0202007 $307,458.00 Submitted for City Manager's Office by: Fernando Costa (6122) http://apps.cfwnet.org/council_packet/mc review.asp?ID=20259&councildate=9/23/2014 9/29/2014 M&C Review Page 2 of 2 Originating Department Head: Douglas W Wiersig (7801) Additional Information Contact: Andy Anderson (8648) ATTACHMENTS Map01 Brick Repair 2014-12.pdf Map02 Brick Repair 2014-12.pdf MaD03 Brick Repair 2014-12.pdf i http://apps.cfwnet.org/council_packet/mc review.asp?ID=20259&councildate=9/23/2014 9/29/2014 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 THIS AGREEMENT, authorized on September 23, 2014 is made by and between the City of 3 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 4 Manager,("City"),and C.GREEN SCAPING, LP,authorized to do business in Texas,acting by and 5 through its duly authorized representative,("Contractor"). 6 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 7 follows: 8 Article 1.WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the qS 10 Project identified herein. 11 Article 2.PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 BRICK PAVEMENT REPAIR(2014-12)AT VARIOUS LOCATIONS 15 GGO1-539590-0202007 16 Article 3.CONTRACT TIME 17 3.1 Time is of the essence. 18 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 19 Documents are of the essence to this Contract. 20 3.2 Final Acceptance. 21 The Work will be complete for Final Acceptance within 150 days after the date when the 22 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 23 3.3 Liquidated damages { 24 Contractor recognizes that time is of the essence of this Agreement and that City will 25 suffer financial loss if the Work is not completed within the times specified in Paragraph 26 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the T 27 General Conditions. The Contractor also recognizes the delays, expense and difficulties 28 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 29 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 30 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 31 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 32 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of - 33 Acceptance. CITY OF FORT WORTH BRICK PAVEMENT REPAIR(2014-12) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0001-537110-0202007 �' Revised November 09,2011 005243-2 Agreement Page 2 of 4 34 Article 4.CONTRACT PRICE 35 City agrees to pay Contractor for performance of the Work in accordance with the Contract 36 Documents an amount in current funds of THREE HUNDRED SEVEN THOUSAND FOUR 37 HUNDRED FIFTY EIGHT DOLLARS AND ZERO CENTS(307,458.00). 38 Article 5. CONTRACT DOCUMENTS 39 5.1 CONTENTS: 40 A. The Contract Documents which comprise the entire agreement between City and 41 Contractor concerning the Work consist of the following: 42 1. This Agreement. 43 2. Attachments to this Agreement: 44 a. Bid Form 45 1) Proposal Form 46 2) Vendor Compliance to State Law Non-Resident Bidder 47 3) Prequalification Statement 48 4) State and Federal documents(project speck) 49 b. Current Prevailing Wage Rate Table 50 c. Insurance ACORD Form(s) 51 d. Payment Bond 52 e. Performance Bond 53 f. Maintenance Bond 54 g. Power of Attorney for the Bonds 55 h. Worker's Compensation Affidavit 56 i. MWBE Commitment Form 57 3. General Conditions. 58 4. Supplementary Conditions. 59 5. Specifications specifically made a part of the Contract Documents by attachment 60 or, if not attached, as incorporated by reference and described in the Table of 61 Contents of the Project's Contract Documents. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and,if issued, become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. 71 - 72 CITY OF FORT WORTH BRICK PAVEMENT REPAIR(2014-12) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202007 Revised November 09,2011 005243-7, A j�i remei i Page 3 of 4 73 Article 6.INDEMNIFICATION 74 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 75 expense, the city, its officers, servants and employees, from and against any and all 76 claims arising out of, or alleged to arise out of, the work and services to be performed v 77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 78 under this contract. This indemnification provision is specifically intended to operate 79 and be effective even if it is alleged or proven that all or some of the damages being 80 sought were caused,in whole or in part, by any act,omission or negligence of the city. 81 This indemnity provision is intended to include, without limitation, indemnity for 82 costs,expenses and legal fees incurred by the city in defending against such claims and 83 causes of actions. 84 85 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 86 the city,its officers,servants and employees,from and against any and all loss,damage 87 or destruction of property of the city,arising out of,or alleged to arise out of,the work 88 and services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnification 90 provision is specifically intended to operate and be effective even if it is alleged or 91 proven that all or some of the damages being sought were caused, in whole or in part, 92 by any act,omission or negligence of the city. 93 94 Article 7.MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 97 have the meanings indicated in the General Conditions. 98 7.2 Assignment of Contract. 99 This Agreement, including all of the Contract Documents may not be assumed by the 100 Contractor without the advanced express written consent of the City. 101 7.3 Successors and Assigns. 102 City and Contractor each binds itself, its partners, successors, assigns and legal 103 representatives to the other party hereto, in respect to all covenants, agreements and 104 obligations contained in the Contract Documents. 105 7.4 Severability. 106 Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon CITY and 109 CONTRACTOR. 110 7.5 Governing Law and Venue. 111 This Agreement, including all of the Contract Documents is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113 Northern District of Texas,Fort Worth Division. MP CITY OF FORT WORTH BRICK PAVEMENT REPAIR(2014-12) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-537110-0202007 Revised November 09,2011 005243-4 Agreement Page 4 of 4 114 7.6 Other Provisions. 115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 116 classified, promulgated and set out by the City, a copy of which is attached hereto and 117 made a part hereof the same as if it were copied verbatim herein. 118 7.7 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 126 C �tract City of Fort Worth '1 rye By, Fernando Costa B Assistant City Manager (Sign e) Date 12-1011,1# Attest: S 6'�, (Printed Name) fd City Secretary (Seal) 000 Title: JZ 1�A �o Address � �� V$ X M&C e U f l Date: - L /Y �,000-000 'S City/State/Zip: t /State/Zi : � V Approved as to Form and Legality: Date Doug as .Black Assistant City Attorney 127 128 129 APPROVAL RECOMMENDED: 130 131 132 133 Douglas T Wiersig,P.E. 134 DfRECTO 135 Transportation and Public Works 136 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH BRICK PAVEMENT REPAIR(2014-12) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202007 Revised November 09,2011 006113-1 PERFORMANCE BOND O 0 9Z(^ (9 !Rc Page I of 2 1 J SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,C.Green Sca�mg.LP,known as"Principal"herein and 8 r v Q-` r , l(1 :Tf Q rQ nU-CP a corporate surety(sureties, if more than 9 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one 10 or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created 11 pursuant to the laws of Texas,known as"City"herein, in the penal sum of,THREE HUNDRED 12 SEVEN THOUSAND FOUR HUNDRED FIFTY EIGHT DOLLARS AND ZERO CENTS 13 (307,458.00), lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas 14 for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors, 15 administrators, 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 23 day of September,2014,which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and 19 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 20 as provided for in said Contract designated as BRICK PAVEMENT REPAIR(2014-12)AT 21 VARIOUS LOCATIONS,GGO1-537110-0202007 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 25 specifications, and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. CITY OF FORT WORTH BRICK PAVEMENT REPAIR(2014-12) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202007 Revised July 1,2011 0061 13-2 PERFORMANCE BOND ' Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the __day of 6 ��,`-� l�- 20A. 7 PlqNC 8 9 10 11 BY: 12 Signature 13 ATTEST: 14 - &19/")/�°�� 15 16 (Princi Secretaij Name and Title 17 18 Address Y�l 19 20 ' 21 22 Witness as to Principal 23 SU T !: 24 (p��(1 25 (� 26 27 28 Signature 3 29 = 30 A 31 NaAfte and Title 32 - ` 33 Address: 34 35 3 � 37 W' ess as to S ety Telephone Number: 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH BRICK PAVEMENT REPAIR(201412) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO I-5371 I0-0202007 Revised July 1,2011 0061 14-1 PAYMENT BOND �d� ` '�0• O^��� V/ Page 1 of 2 1 N SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, C. Green Scaoing, LP, known as "Principal' herein, and 8 We s�, 0&y-ye i Paun :Ln su f n - D nq 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 SEVEN THOUSAND FOUR HUNDRED FIFTY EIGHT 13 DOLLARS AND ZERO CENTS (307,458.00), lawful money of the United States,to be paid in 14 Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 23 day of September, 2014, which Contract is hereby referred to and made a part hereof for all y 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 REPAIR (2014-12) AT VARIOUS LOCATIONS, GGO1- 22 537110-0202007. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 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 WORTH BRICK PAVEMENT REPAIR(2014-12) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0001-537110-0202007 Revised July 1,2011 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 _ca — day of 3 CAG b0K— ,20A. 4 r C, I ATTEST: BY: ignature II IJA (Principal)#cret9y Name and Title Address: III Witness as to Principal SURETY: r ATTEST: BY: f Signature /&1,641 MIJ I-k"It4_4 (Surety) Secr tary Name and Title Address: t40 (01K% ess as to urety q, Telephone Number: 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH BRICK PAVEMENT REPAIR(2014-12) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202007 Revised July 1,2011 0061 19-1 QQ MAINTENANCE BOND o 3 � U `� Page l of 3 1 SECTION 00 6119 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 �f'�- L.�ff ey-t C&Y) Z[ (nsg OWO C.f'�.��rporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas, known as"City"herein, in the sum of THREE 13 HUNDRED SEVEN THOUSAND FOUR HUNDRED FIFTY EIGHT DOLLARS AND ' 14 ZERO CENTS (307,458.00), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly 17 and severally,firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 23 day of September,2014, which Contract is hereby referred to and a made part hereof for 21 all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 22 accessories as defined by law, in the prosecution of the Work, including any Work resulting from 23 a duly authorized Change Order(collectively herein,the"Work")as provided for in said contract 24 and designated as BRICK PAVEMENT REPAIR(2014-12)AT VARIOUS LOCATIONS, 25 GG01-537110-0202007; and 26 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 31 32 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH BRICK PAVEMENT REPAIR(2014-12) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-537110-0202007 Revised July 1,2011 J 0061 19-2 MAINTENANCE BOND Page 2 of 3 l 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division; and - 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 y CITY OF FORT WORTH BRICK PAVEMENT REPAIR(201412) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202007 �" Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized a ents and officers on this the _ day of 3 �C.-6Ko " 201. 4 5 P COPAL: 6 Q / 7 8 9 BY: 10 Signature 11 ATTEST: 13 14 (Principal)fecretary 6 Name and Title 15 16 Address• 17 18 19 20 Witness as to Principal 21 SU�EC � t 22 23 1^ 24 �4 1 25 BY: 26 Signatured 27 28 � 29 ATTE NAme and Title 30 31 Address: XI G 32 (Surety)Secre 33 3 35 Wi es to S ety Telephone Number: 2)g--I LOCI ' 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 w CITY OF FORT WORTH BRICK PAVEMENT REPAIR(2014-12) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202007 �' 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.6600132 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 Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Compan es7),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King:Jeff P.King:Kylfe Kelsoe:Rachel Mead all of the city of Denton ,state of,Tx I 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,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 sth day of June 2014 American Fire and Casualty Company w� r The Ohio Casualty Insurance Company y Liberty Mutual Insurance Company m VAX j West merican Insurance Company S 3 I ) By. >+ rl� David M.Care ,Assistant Secretary C STATE OF PENNSYLVANIA ss R COUNTY OF MONTGOMERY C to 4) 3 On this 5th of Ju- 2ota before me ersonaii m C ` pt day p y appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and u N a: 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, >,,W p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. £ 6. « IN WITNESS WHEREOF,I have hereunto subsc' and affixed my notarial seal at Plymouth Meeting,Pennsylvania_on the day and year fast above written. O C. D OF 19rsrc?s By. Teresa PasteNa,Notary Public d C 3W rr-P O i ` r` O £ r=R This Power of Attorney is made and executedl2dr iH'da rid !ai*ority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to o 0 H Company,Liberty Mutual Insurance Company,and t Insurance Company which resolutions are now in full force and effect reading as follows: JARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other oficial of the Corporation authorized for that 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 attomeys- fact,-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, ��d► 0 c 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 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 'g m 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 attomey4n-fact under >M 4D 0 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. +r N M c ARTICLE X111-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 a? > 4) and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M O 3 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 o respective powers of attorney,shall have fad 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 0 CD executed such instruments shall be as binding as if signed by the president and attested by the secretary. o rQ 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- ~ 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 inechanically 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,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,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 of 20JA_ .� ' �- .r: v�/,s';r...?.��. �,. - yid'/""'�'rr �-•-+ i S ( r r�s rry By. Gregory W Davenport,A"stant Secretary LMS 12873 122013 62 of 100 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.6600133 American Fire and Casualty Company . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company ,L 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 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,. .lames E.King.M P.King:Kylie K2Isoe,Rachvl Mead I all of the city of Denton state d 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 st ^day of dune_ , 2014 American Fire and Casualty Company The Ohio Casualty Insurance Company H Liberty Mutual Insurance Company West merican Insurance Company N N C David M.Carey-Assistant Secretary C O STATE OF PENNSYLVANIA ss R *_7 cc COUNTY OF MONTGOMERY _ C IM On this 5th day of .tune , 2014 ,before me personally appeared David M. Caney,who acknowledged himself to be the Assistant Secretary of American Fire and O v 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, >,W 0— execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. ro > IN WITNESS WHEREOF,I have hereunto subscrjhed7r naat@ and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year fire(�sstt�above written. O C. 3 C! c PEA*r a€#user � LiliL�^„�`� Q M 1p Y'irvlW!'�ikRi FflF d a By. Teresa Pastelte,Notary Public d C _.K 4m1 i maYrF 2_-Z!) 310 CL d This Powerof Attorney is made and execute ft'&'*3ozk,4 a�ithority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty insurance w p y„ Company,Liberty Mutual Insurance Company,and%e, Airlm[iclafn Insurance Company which resolutions are now in full force and effect reading as follows: eat` ARTICLE IV—OFFICERS—Section 12.Powar ofAttorney.Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman or the President,and subject O e +; 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, O 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 p 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 any representative or attorney-in-fact under > 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. �N 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 a? > ` 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 �O 3 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 o 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 so v%— executed such instruments shall be as binding as if signed by the president and attested by the secretary. O , 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 make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Companlrs 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 pnwer 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,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,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 nerd Companies,is in full force and effect and has not been revoked. 3 1 IN TESTIMONY WHEREOF,I have hereunto set rry hand and affixed the seals of said Companies this A day of V x,� By: �a. .# Gregory W Davenport,Assistant Secretary r LMS 12813-122013 63 of 100 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.6600i34 r+l, 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 Fine&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized underthe 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.Kinct,Jeff P.Kind:Kyrie Kslsw Raft Mead all of the city of Denton state of TX each individually if there be more than one named,its true and lawful attomey4n-fact to make,execute,seat,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 5th day of .Inane 2014 American Fire and Casualty Company I The Ohio Casualty Insurance Company y 1 Liberty Mutual Insurance Company West American Insurance Company y d By: .w STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary c ro COUNTY OF MONTGOMERY = I 0 On this 5th day of June 2014 . before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and F n 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, >,W O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d C d > IN WITNESS WHEREOF,I have hereunto subscrtbedv7'narna and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. r O. N By: O ON N. - Teresa Pastelte,Notary Public Cs C Ind O t tapr; g;.,.Mt E p lit i' CO E This Power of Attorney is made and executaijf4i t�anf to y uthority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance w p ei Company,Liberty Mutual Insurance Company,and'dVaktA�fitepodin Insurance Company which resolutions are now in full force and effect reading as follows: 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 = Jamm�; 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, r O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such altomeys-in-fact,subject to the limitations set forth in their respective •p ai powers of attorney,shalt 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 I Q 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 attomey4n-fact under > it"�_ 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 wthority. _ �r N = ARTICLE X111—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, C? > L and subject to such limitations as the chaimtari 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, L� p seal,acknowledge and deliver as surety any and all undertakings,bonds,reeognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their c aQ rZ 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 io 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- ~ 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,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,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 Atomey executed by said i Companies,is in full force and effect and has not been revoked. v-- w IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of_1 1 l Q �i 20 By: Gregory W.Davenport,Assistant Secretary LMs 12873 122013 64 of 100 _04 O ® CERTIFICATE OF LIABILITY INSURANCE 10/23/DD014 �/ 10/23/2014 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 AME. RdCy h 1 Mead N Agents Alliance Services, Ltd PH ONE . (940)382-9691 AXNo:(940)243-1050 Ramey King Insurance E- lmead @ kig rame n com ADDRE MAIL S:rach y y 510 N. I35 E INSURER(S)AFFORDING COVERAGE NAIC# Denton TX 76205 INSURER America First Lloyds 11526 INSURED INSURER B.-Netherlands Insurance Company 4171 C Green Scaping, LP INSURERC-America First Insurnace 12696 2401 Handley Ederville Rd. INSURERD:TeXas Mutual Insurance Company 2945 INSURER E: Fort Worth TX 76118 INSURER F: COVERAGES CERTIFICATE NUMBER:CL145916087 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES.DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE A L S POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/1Y/YY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 A CLAIMS-MADE OCCUR P8851920 /13/2014 /13/2015 MED EXP(Any one person) S. 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY X PRO 17 LOC $ MBINED AUTOMOBILE LIABILITY (CEO accd.n,)S LE LIMIT 11000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BASS42595 /13/2014 /13/2015 BODILY INJURY(Per accldent) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,00 8844799 /13/2014 /13/2015 $ D WORKERS COMPENSATION X I WC STATU- I OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? SF0001252254 /13/2014 /13/2015 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000, 00 0 as If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Inland Marine imBB54626 /13/2014 /13/2015 Rented/Leased Equipment Limit $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Brick Pavement Repair 2014-12. 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 22-45TX 12/02) and completed operations (Form CG 2037 10/O1) . Per project aggregate applies to the General Liability policy as well per form CG 2503 03/97. The insured's general liability policy includes form 22-111 "(01/07) - 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 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Jeff King/RLM ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025l9ntnmint Thn ArnPn nnmo and Inn^nro rnnicfororl mnrlre^f Arr1Rr1