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Res 13-30 Authorizing a Contract with C. Green Scaping TOWN OF WESTLAKE RESOLUTION NO. 13-30 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH C. GREEN SCAPING, LP FOR FM 1938 PH 3 STREETSCAPE ENHANCEMENTS. WHEREAS, the Town Council fmds that wayfinding and landscape enhancements benefits commuters and citizens and is in the best interest of residential and corporate citizens; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and WHEREAS, Westlake desires to provide an attractive road enhancement project; and WHEREAS, the Town Council fmds that the proposed contract with C. Green Scaping, LP is necessary for the construction of the landscape enhancements consistent with the FM 1938 Streetscape Master Plan; and WHEREAS, the Town Council fmds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the contract with C. Green Scaping, LP in the amount of$1,621,704.93 for the construction of FM 1938 PH 3 strectscape enhancements attached here to as Exhibit A; and further authorizes the Town Manager to execute said contract on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 13-30 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSEL) AND APPROVED DIST THIS 28TH DAL' OF OCTOBER 2013. ATTEST: I i/, , Laura L. Wheat, ayor _ Kell Edwa , Town Secretary Thomas E. Brymer, `l6wn anager APPROVED AS TO FORM: L. on Low r n orney a ,q, Resolution 13-30 Page 2 of 2 'd 117X 111 TM u ,' AIA DocumentA101 - 2007 Standard r ree nt Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 6th day of January in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original Town of Westlake AIA standard form.An Additions and 3 Village Circle,Suite 202 Deletions Report that notes added Westlake,TX 76262 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information C.Green Scaping, LP and where the author has added to or 2401 Handley Ederville Rd. deleted from the original AIA text. Fort Worth,TX 76118 This document has important legal consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) AIA Document A201 Tm-2007, General Conditions of the Contract Phase III-Trail and Landscape Enhancements to FM 1938 for Construction,is adopted in this document by reference.Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status, address and other information) Schrickel,Rollins and Associates,Inc. 1161 Corporate Drive West, Suite 200 Arlington,TX 76006 The Owner and Contractor agree as follows. Init. AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and international Treatises.Unauthorized 7 reproduction or distribution of this AlAz Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the l maximum extent possible under the law.This document was produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement as amended, Conditions of the Contract as amended(General, Supplementary and other Conditions),Drawings, Specifications,Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9.All amended,General, or Supplementary Conditions to the General Conditions of the Contract are also incorporated herein by reference. Any reference to AIA Document A201-2007 in this Agreement shall be construed as the AIA Document A201-2007 as amended. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) (Paragraphs deleted)Date will be fixed in the notice to proceed. § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than one hundred ninety-five ( 195 )days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement.If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Init. AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S,Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this Ale DOCument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This documentwas produced byAlA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) Portion of Work Substantial Completion Date Substantially complete July 21,2014 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) § 3.4 LIQUIDATED DAMAGES § 3.4.1 Time is of the essence in all phases of the Work.It is specifically understood and agreed by and between Owner and Contractor that time is of the essence in the Substantial Completion and Final Completion of the Project and Owner shall sustain actual and direct damages as a result of Contractor's failure,neglect, or refusal to achieve said deadlines. Such actual and direct damages are,and will continue to be,uncertain and extremely difficult to determine. § 3.4.2 Execution of this Agreement under these specifications shall constitute agreement by Owner and Contractor that the amounts stated below are the minimum value of the costs and actual and direct damages caused by failure of Contractor to substantially complete the work within the allotted times,that such sums are liquidated direct damages and shall not be construed as a penalty, and that such sums may be deducted from payments due Contractor if such delay occurs. It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages which will be sustained by the Owner in the event that the Work is not completed within the agreed time, or within the extended time,if any,otherwise provided for herein.Failure to substantially complete the Work within the designated period,or as they may be extended, shall be construed as a breach of this Agreement. § 3.4.3 It is expressly agreed as a part of the consideration inducing the Owner to execute this Agreement that the Owner may deduct from the Final Payment made to the Contractor a sum equal to$200 per day for each and every additional calendar day beyond the agreed date of Substantial Completion. § 3.4.4 Timely Final Completion is an essential condition of this Agreement. Contractor agrees to achieve Final Completion of the Agreement within 30 days of the designated or extended date of Substantial Completion. Owner and Contractor agree that should Contractor fail to achieve Final Completion of the Agreement by the deadline,Owner shall continue to be damaged to a greater degree by such delay. Contractor and Owner agree that the amount of liquidated damages for each calendar day Final Completion is delayed beyond the date set for Final Completion shall be the sum of$200 per day. Owner may deduct from the Final Payment made to Contractor,or,if sufficient funds are not available, then Contractor shall pay Owner the amounts specified per day for each and every calendar day the breach continues after the deadline for Final Completion of the Work. § 3.4.5 Such damages shall be in addition to,and not in lieu of, any other rights or remedies Owner may have against Contractor for failure to timely achieve Final Completion. If the Work is not finally completed by the time stated in the Agreement,or as extended,no payments for Work completed beyond that time shall be made until the Project reaches Final Completion. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be One million six hundred twenty-one thousand seven hundred four dollars and ninety-eight cents ($ 1,621,704.98 ), subject to additions and deductions as provided in the Contract Documents. § 4.1.1 The Contract Sum contains an Owner's Contingency in the amount of$25,000.00.This contingency is for the sole use of the Owner to be used for changes in the scope of the Work and for the betterment of the Project. Owner's authorized representative may approve any expenditure from Owner's Contingency without further Town Council approval. If the Owner's Contingency is not expended or not fully expended,then any unused portion shall belong to the Owner and shall be credited to the Owner in calculating final payment. § 4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AEA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 reproduction or dist0bution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the lair.This documentwas produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate No. 1 (East-Randol Mill Ave.to West Dove Road) Alternate No. 2(Plant Substitution) § 4.3 Unit prices,if any: (Identify and state the unit price;state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit($0.00) Attached Attached Attached § 4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if any,from the allowance price.) Item Price Owner's Contingency Allowance $25,000.00 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than thirty (30 )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5% %). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Article 7of AIA Document A201TM-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5 %); AIA Document A101 Th9—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American (nit. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and intemationa€Treaties.Unauthorized 4 reproduction or distribution of this Ale Document,or any portion of it,¢xray result In severe civil and criminal pen=alties,and will be prosecuted to the t maximum extent possible underthe law.This documentwas produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. (Paragraphs deleted) § 5.1.9 Except with the Owner's prior written approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 2007,and to satisfy other requirements,if any, which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ] Litigation in a court of competent jurisdiction [ ] Other(Spec) AIA Document Al 01 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by US.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the i maximum.extent passible undert.he law.This document was produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Paragraph deleted) At the rate established by Texas Government Code Chapter 2251. § 8.3 The Owner's representative: (Name, address and other information) Jarrod Greenwood, Public Works Director Town of Westlake 3 Village Circle, Suite 202 Westlake,TX 76262 § 8.4 The Contractor's representative: (Name, address and other information) Curtis Green 2401 Handley Ederville Road Fort Worth,TX 76118 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: § 8.6.1 The Contractor may not assign its responsibilities,duties,obligations,and rights under this Agreement, without the express written consent of the Owner.This does not prevent Contractor from engaging subcontractors to perform various phases of the Project,but Contractor shall be fully responsible to Owner for the work, actions,and omissions of all such subcontractors. § 8.6.2 This Agreement,in its entirety, shall be binding upon all the parties hereto,their respective successors,heirs, executors,administrators or assigns. § 8.6.3 Execution of this Agreement shall constitute approval and acceptance of all terms,covenants,and conditions as modified and contained in the Contract Documents. § 8.6.4 This Agreement is subject to all applicable federal and state laws,rules, and regulations. Invalidity of any portion of this Agreement under the laws of the State of Texas or of the United States shall not affect the validity of the remainder of this Agreement. AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this AIA` Document,or any portion of it,may result in severe civil and crhninal penalties,and will be prosecuted to the t maximum extent possible underthe law.This documentwas produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) § 8.6.5 Unless otherwise noted,terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201-2007 General Conditions of the Contract for Construction,as amended for the Work. § 8.6.6 No delay or omission by either of the parties hereto in exercising any right or power accruing upon the noncompliance or failure of performance by the other party hereto of any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof.A wavier by either of the parties hereto of any of the covenants,conditions,or agreements hereof to be performed by the other parry hereto shall not be construed to be waiver of any subsequent breach thereof or of any other covenant, condition, or agreement herein contained. § 8.6.7 Contractor stipulates that Owner is a political subdivision of the State of Texas,and as such,may enjoy immunities from suit and liability under the Constitution and laws of the State of Texas.By entering into this Agreement,Owner does not waive any of its immunities from suit and/or liability, except as otherwise specifically provided herein and as specifically authorized by law. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Section 00 8000 Amendments to General N/A 12 Conditions of the Contract § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Reference Project Manual Table of Contents-Phase III Trail and Landscape Enhancements for FM 1938, SRA Job 5126 Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Reference Construction Documents Drawings-Phase III-Trail and Landscape Enhancements for FM 1938,Town of Westlake,Bid Set-September 2013.Bid Documents prepared by Schrickel,Rollins and Associates,Inc., SRA Job No. 5126. Number Title Date § 9.1.6 The Addenda,if any: Number Date Pages One(1) October 1,2013 2 Two(2) October 14,2013 3 Three(3) October 16,2013 1 AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties,Unauthorized 7 reproduction or distribution of this AIA`' Document,or any portion of it,may result in severe civil and crimira€penalties,and will be prosecuted to the t maximum extent possible underthe law.This document was produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents,if any, forming part of the Contract Documents: .1 AIA Document E201Tm-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, cf any, and limits of liability for insurance required in Article 11 of ALA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount($0.00) Performance Bond 100%of contract Payment Bond 100%of contract Maintenance Bond 100%of contract This Agreement entered into as of the day and year first written above. TOWN OF WESTLAK& GREEN SWING,L.P. Ave ,.� 471 W1 OWNE (Signat re) s CONTRACTOE (Si dfur) Thomas E.Brymer,Town Manager (Printed name and title) (Printed name and title) AIA Document At 01 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIAO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible underthe law,This documentwas produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) Additions and Deletions Report for AIA@ Document A101TM— 2007 This Additions and Deletions Report,as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:19:29 on 01/06/2014. PAGE AGREEMENT made as of the 6th day of Jamin the year 2014 Town of Westlake 3 Village Circle, Suite 202 Westlake,TX 76262 C. Green Scaping,LP 2401 Handley Ederville Rd. Fort Worth,TX 76118 Phase III-Trail and Landscape Enhancements to FM 1938 Schrickel Rollins and Associates Inc. 1161 Corporate Drive West, Suite 200 Arlington,TX 76006 PAGE 2 The Contract Documents consist of this_ gfee+e -,Agreement as amended,Conditions of the Contract as amended (General, Supplementary and other Conditions),Drawings, Specifications,Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral. An enumeration of the Contract Documents,other than a Modification,appears in Article 9.All amended,General,or Supplementary Conditions to the General Conditions of the Contract are also incorporated herein by reference. Any reference to AIA Document A2O1-2007 in this Agreement shall be construed as the AIA Document A2O1-2007 as amended. b , Additions and Deletions Report for AIA Document A101 T""—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Al e Docurnent is protected by U.S.Copyright Law and 7 international Treaties.Unauthorized reproduction or distribution of this AIA`"' Document,or any portion of it,imay result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) Date will be fixed in the notice to proceed. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than one hundred nine -five (L95 )days from the date of commencement,or as follows: PAGE 3 Substantially complete July 21,2014 § 3.4 LIQUIDATED DAMAGES § 3.4.1 Time is of the essence in all phases of the Work.It is specifically understood and agreed by and between Owner and Contractor that time is of the essence in the Substantial Completion and Final Completion of the Project and Owner shall sustain actual and direct damages as a result of Contractor's failure,neglect, or refusal to achieve said deadlines.Such actual and direct damages are,and will continue to be,uncertain and extremely difficult to determine. § 3.4.2 Execution of this Agreement under these specifications shall constitute agreement by Owner and Contractor that the amounts stated below are the minimum value of the costs and actual and direct damages caused by failure of Contractor to substantially complete the work within the allotted times,that such sums are liquidated direct damages and shall not be construed as a penalty, and that such sums may be deducted from payments due Contractor if such delay occurs. It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages which will be sustained by the Owner in the event that the Work is not completed within the agreed time, or within the extended time,if any, otherwise provided for herein.Failure to substantially complete the Work within the designated period, or as they may be extended,shall be construed as a breach of this Agreement. § 3.4.3 It is expressly creed as a part of the consideration inducing the Owner to execute this Agreement that the Owner may deduct from the Final Payment made to the Contractor a sum equal to$200 per day for each and every additional calendar day beyond the agreed date of Substantial Completion. § 3.4.4 Timely Final Completion is an essential condition of this Agreement. Contractor agrees to achieve Final Completion of the Agreement within 30 days of the designated or extended date of Substantial Completion. Owner and Contractor agree that should Contractor fail to achieve Final Completion of the Agreement by the deadline,Owner shall continue to be damaged to a greater degree by such delay. Contractor and Owner agree that the amount of liquidated damages for each calendar day Final Completion is delayed beyond the date set for Final Completion shall be the sum of$200 per day.Owner may deduct from the Final Payment made to Contractor,or,if sufficient funds are not available, then Contractor shall pqy Owner the amounts specified per day for each and every calendar dam breach continues after the deadline for Final Completion of the Work. § 3.4.5 Such damages shall be in addition to,and not in lieu of, any other rights or remedies Owner may have against Contractor for failure to timely achieve Final Completion.If the Work is not finally completed by the time stated in the Agreement,or as extended,no payments for Work completed beyond that time shall be made until the Project reaches Final Completion. § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be One million six hundred twenty-one thousand seven hundred four dollars and ninety-eight cents ($ 1,621,704.98 ),subject to additions and deductions as provided in the Contract Documents. § 4.1.1 The Contract Sum contains an Owner's Contingency in the amount of$25,000.00. This contingency is for the sole use of the Owner to be used for changes in the scope of the Work and for the betterment of the Project. Owner's authorized representative may approve any expenditure from Owner's Contingency without further Town Council qpproval.If the Owner's Contingency is not expended or not fullyeexpended,then any unused portion shall belong to the Owner and shall be credited to the Owner in calculating_final payment. lent. PAGE 4 Additions and Deletions Report for AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937, 1951,1958,1961, 1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and 2 International Treaties.Unauthorized reproduction or distribution of this AEA"' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) Alternate No. 1 (East-Randol Mill Ave.to West Dove Road) Alternate No. 2(Plant Substitution) Attached Attached Attached Owner's Contingency Allowance $25,000.00 § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than thirty(30 )days after the Architect receives the Application for Payment. .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5% %). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Seetief 7.3.9 of Article 7of AIA Document A201Tm-2007,General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent PAGE 5 § C A 4 D.,.l.,e fien or-limitation of r-eta nage if any, shall 1.e as f ll........ per-eei#ages h�sei-ted hi Seetions 5.1.6 1 aiid:5.1.6 2 above-, wid Mi:9 k iie�explained e4eiMef-e M the Geiitr-ae4 § 5.1.9 Except with the Owner's prior written approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. [ X ] Litigation in a court of competent jurisdiction PAGE At the rate established by Texas Government Code Chapter 2251. Additions and Deletions Report for AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937, 1951, 1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Al e Document;s protected by U.B.Copyright Law and 3 International Treatises.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and cri ninal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) Jarrod Greenwood Public Works Director Town of Westlake 3 Village Circle, Suite 202 Westlake,TX 76262 Curtis Green 2401 Handley Ederville Road Fort Worth TX 76118 § 8.6.1 The Contractor may not assign its responsibilities,duties, obligations,and rights under this Agreement, without the express written consent of the Owner. This does not prevent Contractor from engaging subcontractors to perform various phases of the Project,but Contractor shall be fully responsible to Owner for the work,actions,and omissions of all such subcontractors. § 8.6.2 This Agreement,in its entirety, shall be binding upon all the parties hereto,their respective successors,heirs, executors,administrators or assigns. § 8.6.3 Execution of this Agreement shall constitute approval and acceptance of all terms, covenants, and conditions as modified and contained in the Contract Documents. § 8.6.4 This Agreement is subject to all applicable federal and state laws,rules,and regulations. InvalicIfty of any portion of this Agreement under the laws of the State of Texas or of the United States shall not affect the validity of the remainder of this Agreement. § 8.6.5 Unless otherwise noted,terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201-2007 General Conditions of the Contract for Construction as amended for the Work. § 8.6.6 No delay or omission by either of the parties hereto in exercising any right or power accruing upon the noncompliance or failure of performance by the other party hereto of any of the provisions of this Agreement shall impair any such ri ht or power or be construed to be a waiver thereof.A wavier by either of the parties hereto of any of the covenants,conditions, or agreements hereof to be performed by the other parry hereto shall not be construed to be waiver of an subsequent breach thereof or of any other covenant,condition, or agreement herein contained. § 8.6.7 Contractor stipulates that Owner is a political subdivision of the State of Texas,and as such,ma�enjoy immunities from suit and liability under the Constitution and laws of the State of Texas. By entering into this Agreement, Owner does not waive any of its immunities from suit and/or liability,except as otherwise specifically provided herein and as specifically authorized by law. PAGE 7 Section 00 8000 Amendments to General NIA 12 Conditions of the Contract Reference Project Manual Table of Contents-Phase III Trail and Landscape Enhancements for FM 1938, SRA Job 5126 Additions and Deletions Report for AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937, 1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA``'Document is protected by U.S.Copyright Law and 4 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) Reference Construction Documents Drawings-Phase III-Trail and Landscape Enhancements for FM 1938,Town of Westlake,Bid Set- September 2013. Bid Documents prepared by Schrickel,Rollins and Associates, Inc., SRA Job No. 5126. One 1 October 1,2013 2 Two 2 October 14,2013 3 Three 3 October 16,2013 1 PAGE 8 Performance Bond 100%of contract Payment Bond 100%of contract Maintenance Bond 100%of contract TOWN OF WESTLAKE C. GREEN SCAPING L.P. Thomas E. Bruner,Town Manager Curtis J. Green Additions and Deletions Report for AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961, 1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and J international Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,,may result in severe civil and criminal penalties,and will be prosecuted to the rnaximurn extent possible under the law.This document was produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) Certification of Document's Authenticity AIA® Document D401 TM — 2003 1,Victor W. Baxter,hereby certify,to the best of my knowledge, information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:19:29 on 01/06/2014 under Order No. 8071542074_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A10ITM—2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D40111—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may 7 result if.severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:19:29 on 01/06/2014 under Order No.8071542074_1 which expires on 01/30/2014,and is not for resale. User Notes: (727011947) (i t € NIT PRICE BID Bidder agrees that, in case additional work or materials installation is authorized by the Owner, the following unit prices will be used in adjusting the contract price.These unit prices shall include all overhead, profit, taxes,-material, labor, etc., for a complete installation. Unit prices for adjusting the contract price for less work or materials installation will be ninety(90%) percent of these amounts. 5"Concrete paving on compacted subgrade,-per-square foot $ `, 5"Exposed aggregate trail on compacted subgrade, per square foot $ r{ > 9"Concrete mowstrip with enhanced concrete stamp and color, per linear foot $ /4 00 _. 6'Tall tubular steel fence u�2 $ 00 o CIU retaining wall With stone veneer, per square foot face $ s; r Dry stack stone wall, complete and in place, per square foot face $ t` 4"Cal. Shade trees, as specified, each $ 3"Cal. Shade trees, as specified, each $ , r V Cal. P canes)ornamental tree, as specified, each $ ' 5 Gal. Shrub, as specified, each $ e 3 Gal. dant, as specified, each $ 1 Gal. Plant, as specified, each $ 4"Flat plant,as specified, each $ Habiturf seed per Douglas Seed or per Wildflower Center Store, hydrornulched, complete and in $ place,as specified, per square foot 2-o Pier casings(if needed), per vertical foot $ 0, QQ Ir: Hybrid Bermuda`Celebration' roll sod, complete and in place, as specified,per square foot $ Common Bermuda roll sod,complete and in place, as specified, per square foot Weeping Love Grass, hydrornulched, complete and in place,as specified, per square foot $ 4"Sch.49 PVC bore under existing road paving, per linear foot Existing flume enhancements, as detailed, per square foot $ r: r; i j,; SECTION 00 0030 PROJECT MANUAL TABLE OF CONTENTS DIVISION 0-INTRODUCTORY INFORMATION 000010 - Title Page 000020 - Certification Page 000030 - Table of Contents BIDDING ADMINISTRATION 000300 - Notice to Bidders 001000 - Instructions to Bidders 002000 - Geotechnical Data 003000 - Contract Bid Schedule 004000 - Bid Bond 004100 - Equal Opportunity Clause 004150 - Contractor Qualifications 004700 - Performance Bond 004800 - Payment Bond 004900 - Maintenance Bond 005000 - Certificate of Insurance CONDITIONS OF THE CONTRACT 007000 - General Conditions of the Contract for Construction(AIA Doc.A201-2007) 008000 - Amendments to the General Conditions of the Contract for Construction 008210 - Storm Water Pollution Prevention Plan 00 8220- Temporary Erosion, Sediment and Water Pollution Control 008230 - Labor Classification and Minimum Wage Scale 008250 - State and Local Sales and Use Taxes 009000 - Addenda DIVISION 01 -GENERAL CONDITIONS 01 1000- Summary of the Work 01 2100- Allowances 01 2200 - Unit Prices 01 2300 - Alternates 01 2500 - Substitution Procedures 01 2600 - Contract Modification Procedures 01 2900 - Payment Procedures 01 3100 - Project Meetings, Management and Coordination 01 3233 - Photographic Documentation 01 3300 - Submittal Procedures 01 4100 - Testing Laboratory Services 01 5100 - Temporary Utilities and Facilities 01 5800 - Project Signs 01 6000 - Product Requirements 01 6300 - Substitutions and Product Options 01 7300 - Execution 01 7329 - Cutting and Patching 01 7400 - Cleaning Up 01 7700 - Closeout Procedures 5126 PROJECT MANUAL TABLE OF CONTENTS 00 0030-1 DIVISION 03-CONCRETE 033000 - Cast-in-Place Concrete DIVISION 04-MASONRY 042000 - Unit Masonry 044200 - Stone Masonry 044300 - Exterior Stone Cladding 047200 - Cast Stone Masonry DIVISION 05-METALS 051200 - Structural Steel Framing 053100 - Steel Decking 055000 - Metal Fabrications 055210 - Handrails and Guardrails 05 5213 - Pipe and Tube Railings 057300 - Decorative Metal Railings DIVISION 07-THERMAL AND MOISTURE PROTECTION 071900 - Water Repellents 07 4113 - Metal Roof Panels 079200 - Joint Sealants DIVISION 09-FINISHES 099113 - Exterior Painting DIVISION 10-SPECIALTIES 101419 - Dimensional Letter Signage DIVISION 26-ELECTRICAL 260000 - Basic Electrical Requirements 260512 - Electrical Requirements 260519 - Cable,Wire and Connectors, 600 Volt 260526 - Grounding 260533 - Conduits 260553 - Electrical Identification 260923 - Lighting Control Devices 262416 - Panelboards 265100 - Exterior Lighting DIVISION 31 -EARTHWORK 31 1000- Site Preparation 31 1500 - Tree Protection and Trimming 31 2000 - Earthwork 312100 - Fine Grading 31 2300 - Trench Safety Systems 31 2320 - Dewatering 5126 PROJECT MANUAL TABLE OF CONTENTS 000030-2 312730 - Temporary Straw Bale Dike 312740 - Silt Fence 312770 - Inlet Protection 316320 - Drilled Concrete Piers and Shafts DIVISION 32-EXTERIOR IMPROVEMENTS 321310 - Concrete Formwork 321316 - Imprinted and Colored Concrete Paving 321320 - Concrete Reinforcement 321330 - Site Concrete Paving 321340 - Concrete Paving for Trails 321360 - Chemical Staining of Concrete Surfaces 321370 - Caulking and Sealants 322000 - Miscellaneous Outdoor Equipment 328400 - Landscape Irrigation System 329200 - Turfgrass Planting 329300 - Shrubs, Ornamental Grasses and Ground Cover Planting 329400 - Tree Planting 329600 - Transplanting DIVISION 33-UTILITIES 331200 - Water Supply System 331210 - Water Meter Installations 334100 - Underground Storm Sewer and Appurtenances 334110 - Polyvinyl Chloride Pipe Storm Drains 5126 PROJECT MANUAL TABLE OF CONTENTS 000030-3 L7 Bond i.i ber 02203689 West American Insurance Company STATUTORY PYl 'ENT BOND PURSUANT TO CHAPTER' 22:i3 of the Texas Go-vernment Cocke KNOAV ALL MEN BY T HE'SE PRESENTS: That C.Green Scaping, LP t ereinatter called the Principal,,as Principal, and Vvesi American Insurance Company a corporation,with its principal office in the City of Indianapolis, IN 46240 licensed to do businoss in the State of TekiS and admitted to write.bonds, (hereinaftel called the Surett ), .is Sure'-,are held and .-irral j- IA unf.-1 U;iU" Town of Westlake (hereinafter called the()bliaoe j,as Obligee,in the amount of One million six hundred twenty one thousand seven hundred four dollars and ninety eight cents Dollars( 51.621.704.98 for the pa,:meat whereof.the said Principal anal Surety btil.hemseh-_s and their he1TS, c"iZCUti?rS,achninistrators,successors and assigns,-1 ointly and se eraliy,finely by these presents. 1711E EAS,the Principal has entered into a certain contract with the Obligee, dated the 6th clay of January 2014 for Phase III-Trail and Landscape Enhancements to FIVI 1938 which contract is hereby referred to and maade_,pari her ec,f as ful I"anei t0 z"n e s_me extent as if copied 1t length herein. NOW,THEREFORE,THE CONI DITIO 4 OF TIR S OBLI'u TfONN IS SI C H,that it the said Principal shall promptly mal,-e payments to all claimants as defined in Chapter 2353 of the Texas Goy errs -nt Code,then this obligation shall be null and void, o&r ise to remain in full force and effect. €ROVIDED,HONVEVF ,that this bond is ezecute,l i LM.,i.ant to the provisions of Chapter 235-of tn,-Texas Government C ode gild 311'1abilliles oil this bond shall'be detennined Tn accordance Lith tie-provisions,conditions and lin.ltations of said Chapter to tl e Saltie extent as if it were copied at length herein. IN IVIT`SiESS WHEREOF,the said Principal and S"Urery have signed.and sealed this instrument this 6th day of January 2014 Witless: attest. C.Gregn Scaping. LP , \ Principal PJ, bI / (If eorr)ora,+;on,; '4J?/est: `lean insuranc- e: Company E (Mark Huff) S-440(--) \ttornev-in-Fact M� * Y�1 West American Insurance _r = - ops "F]"'IXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a Para obtener inforniacion o para sorneter complaint: una clue_ja: You mai- call toll-free for infor-ination or Usted puede llarnar al nuinero de telefono to snake a complaint at gratis para infor-rnacion o para 1-800-843-6446 sonleter una clue}a al 1-SO{}- €�_€446 You maty contact the Texas Dep rtnrent of Puedc cornunicarse con el Departamento insurance to obtain inionnatioll. oii. de Secruros de Texas para oftener companies. coverages, nohts orrnfomia6on acerca de compamas. complaints at "Jbertu ase derr C`�{�{1'° 2chos o ciucc�jas al 1-800-252-34.9 1- 252-3" You nia-v write the Texas Department of Puede escribir al Depar-tamento de Sepros Insurance de Texas P. 0. Box 149104 P. 0. Box 149104 Austin. TX 78714-9104 Austin. TX 75714-9104 FAX: (517) 475-1771 P.AX T (15l'2)j 47-5-17 71 1 d'.tCli.stateAX.us 10r eb: http: A7 ,%S'.tdi.State.tx.us E-nail: "t.}oi stiiiierPrt?tectto1I.£ltdi.state.tx.Lis E- a"tl: C�r3 LEli�df'l�3"i?t Ctl��s tCli.St<Ztc.iS.tis PREMIU-NI OR CLAIM DISPUTES: DISPL TAS SOBRE PRIMAS 0 1'<ECL.-i.ij OS: Should you 11a-%e a dispute c'onfce€ing vote Premium of about a claim you should Si tiena una disputa concerniente a stl trrst eotitact the agent or p rinna o a tin reclanio. debe coniumcarse call 1-800-843-6446. con el agente o primero. Si no sI- if eIf the dispute is not resolved, wu iia-,, res else la dlSputa, piede errtonces contact the Texas Depal`tinerlt of comunicarse con el departaniento (TDI) 1nsunin€:e. ATTACH THIS NOTICE TO FOUR ESTI; _VISO A SI_ POLIZA: POT TCV : ,ie e t,_so es Solo para proposrto de Tl1rS notice is for information ot�l�' and does not become a part or condition of informacion v no se convict e eta parte o the attached document. c.ondicion dei documento adjunto. 1,�'7i i`.`(0 01 — T–HIS 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.6025088 l American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company i POWER F 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 WestAmerican Insurance Company i is a corporation duly organized underthe laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute i and appoint, James E.King;Jeff P.King;Mark Huff all of the city of Denton state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge 1 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 s 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 11th day of March 2013 y, American Fire and Casualty Company The Ohio Casualty Insurance Company N ® k; « °x m zf } Liberty Mutual Insurance Company as i 191, 99 CL West American Insurance Company in B t2 = STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary _ ._. COUNTY OF KING W : On this 11th day of March 2013 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American M v 4) Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,U) ®.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. U > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle Washington,on the day and year first above written. O Q = m ey: �il }n ' M KD Riley,Not44 Public ® a 60 CL e M This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance w Company,Liberty Mutual Insurance Company,and West American 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 p G ) to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, p S 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 g 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 L-+' executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or 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. 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, 00 > 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 p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their op to 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 Q executed such instruments shall be as binding as if signed by the president and attested by the secretary. ®1? Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such I 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 I the same force and effect as though manually affixed. i I,David M.Carey,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, 1 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, 20 . i Vl 101 € 1906 1 € ° s cow t F ( a t �E I:q BY �i 4 , t David M.Carey,Assistant Secretary Al I I LMS_12873_092012 146 of 200 Bond No.02203681,E West American Insurance Companv .;C""Aid {E��:id, f .11.ltv��1.. �.tilli� 4- X014 n _ - MAINTENANCE BOND X )W:AJ,I TNTFi!M TIIFSE.PRESENTS,that C.Green Sca in , LP as Principal,and West American Insurance Company a corporation duh' organized under the lags of the State of Indiana and Iicensed to transact business in the State of Texas,as Surety,are heli and firmly bound unto Town of Westlake (hereinafter called the Obligee;,in the 1?en'al sum of One million six hundred twenty one thousand seven hundred four dollars and ninety eight cents Dollars S 1,621,704.98 for the payment of which- well and truly to be made, we do hereby bind ourseh�es, our heirs, executors. administrators,successors and.ri5S1'?nti, 'ointli'and set- ;Tali-v,Iinnh-t these yiresents. Dated: January 6,2014 WEEREAS,the said Principal has heretofore entered into a contract with the Obligee for and, iVHERC_=1S,the work called for under said contract has now peen coni pleted and accepted by said()bligee, -\R-A ,TIIEREFORE,THE CONDITIM> OF TIIIS OELI rt > IS SUCH,that if the said Principal shall for a period iod of t5v0 cars iloin and attar the date of the completion of the contract mdemnlfk the Obhm-ee aaalrist anv loss or damage directly arising bv reason of ani defect in the material or 1G'o2'l nlanshlp that may be disco r ere within the period aforesaid.then this obli Juiion shall be ;o_i_other,,,,, seto remain in full force anti effect. PR(_) Il>ED, IIt)\V ,ER, that in the event of am- de-Fault oin the hart of the Principal, written statement o! the l)arucular facts showina such default and the date thereof small be delis Bred to the Surety' by registered mail. at its home office to the city—of Hamilton, Ohio, promptly and in any event within Con (10) days atter the r)bilgee or his representati,,'e shall learn of such default: and that nc) clallT?, suit or action It reason of an[' default of the Principal shall be brought hereunder after the expiration of thirty days frog, the end of the maintenance period as herein. set forth. C.Greens P 9Sca in LP West American Insurance Company : 1 { _ Tnncipal; By: (Mark Huff) Ulttomev-in-Fact; S-177(7 99) i 1 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.6025094 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER F ATTORNEY i KNOWN ALL PERSONS BY THESE PRESENTS:<ThatAmerican Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of 3 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 i and appoint, James E.King;Jeff P.King;Mark Huff I t all of the city of Denton state of TX each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,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. i 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 11th day of March 2013 American Fire and Casualty Company V x \ "IN The Ohio Casualty Insurance Company rn g s t f t Liberty Mutual Insurance Company d Q � � i" t 2 ,t West American Insurance Company S � s :n By: Gregory W.Davenport,Assistant Secretary C m C STATE OF WASHINGTON ss +�L COUNTY OF KING dOn this 11th day of March , 2013 before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American v v Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American insurance Company,and that he,as such,being authorized so to do, �V1 LU O.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle Washington,on the day and year first above written. ® t3 CD By: ^ ® KD Riley,Not Public s 460 0 0 CL a This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance m ay Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: s o U) 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 ar to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to actin behalf of the Corporation to make,execute,seal, p E 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 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 '�d ® 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 >-Q '°� '- 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. '* C ARTICLE XIII—Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o0o >;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, p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C eo- Z to 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. (J V Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such r 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. I I,David M.Carey,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 ofAttorney 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 ! 4` ,20 BY: t , David M.Carey,Assistant Secretary I LMS_12873_092012 152 of 200 0 DATE(MM/DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 1/9/2014 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 1 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 Rachyl Mead NAME: !Agents Alliance Services, Ltd PHONNE , (940)382-9691 FAX No: (940)243-1050 I I IC, ) 'Ramey King Insurance E-MAIL rachylmead@rameyking.com ADDRESS: 510 N. 135 E INSURER(S)AFFORDING COVERAGE NAIC# Denton TX 76205 INSURER AAmerica First Lloyds .111526 JINSURED INSURER B:Netherlands 124171 li C Green Scaping, LP INSURER CAmerica First Insurance Company 12696 12401 Handley Ederville Rd. INSURERD:Texas Mutual Insurance Company 22945 INSURER E: 'iFort Worth TX 76118 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1351312022 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. 'NSR I ADDL SUBR POLICY POLICY EXP LTR TYPE OF INSURANCE INSR POLICY NUMBER DDM) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 I F-1 DAMAGE I URENTED 300,0001 x COMMERCIAL GENERAL LIABILITY P REMISES�E..1!urrence� I S A 5/13/2013 �5/13/2014 -MADE Lx CLAIMS j OCCUR --BP8851920 MED EXP(Any one person) c 5,000' PERSONAL&ADV INJURY S 1,000,0001 GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OP AGG $ 2,000,006 1 GEN'L AGGREGATE LIMIT APPLIES PER PRO- JECT LOC S POLICY 17x COMBINED s INGLE LIMIT AUTOMOBILE LIABILITY (Ea accident� S 1,000io0o X ANY AUTO BODILY INJURY(Per person) $ I B ——1 ALL OVk/NED SCHEDULED BA8842595 15/13/2013 5/13/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS ( PROPERTY DAMAGE NON-OWNEDper $ HIRED AUTOS AUTOS (Per accident) X UMBRELLA LIAB5,000,0001 X I OCCUR EACH OCCURRENCE C j EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,0001 DED I X I RETENTIONS 10,000 LUB844799 5/13/2013 5/13/2014 IS D WORKERS COMPENSATION X TORY LIMITS E C STATU- 0TH1- AND EMPLOYERS'LIABILITY YIN I ANY PROPR ETORiPART4ER/EXEC1_ TIVE F---� E.L.EACH ACCIDENT 1,000 0001 ICERrMEMBER EXCLUDED? N/Al I (Mandatory in NH) i TSF0001252254 i5/13/2013 5/13/2014 E L.DISEASE-EA EMEMPLOYES I 000,000i is describe under DESCRIPTION OF OPERATIONS below j E.L.DISEASE-POLICY LIMIT>S 1 000 000! 13/2014 C 15/13/2013 5/ Inland Marine IM8854626 Rented"Leased Equipment Limit $105,000! Deductible $1, 000i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) 'RE: Phase III - Trail and Landscape Enhancements to FM 1938. 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 10/01) . Per project aggregate applies to the General Liability policy las well per form CG 2503 03/97. The insured's general liability policy includes form 22-111 (01/07) rPrimary 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 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town oWestlake ACCORDANCE WITH THE POLICY PROVISIONS. f 3 village Circle Suite 202 AUTHORIZED REPRESENTATIVE Westlake, TX 76262 Jeff King/RLM ACORD 25(2010/05) 1988-2010 ACORD CORPORATION. All rights reserved. INqn?f;(?ninn-i oi Th.Arr)pn namca­i I———if.—A—.,L-.rf A( r)Pn COMM E NTS/REMARKS _ab 1_t% pOlicv ' as a blanket additional insured PndO--cement as lea;ui'Led vT T--Lt e cCntrac o e r or_m: 16-J9S (05' 0 4j D1anket Waive o f S?ubrOq a ti0`' aLS'^ a-oP1iESfile cr_ _t_v SCG 24' C4 _0/93) and Au o _ J- i l?-59CA O'6/94j as recfui�2v _ con—act T' e J':, _ a v 'e aS of sched leunder- r''i ins ranee. .v RK COPYRIGHT 2000, AMS SERVICES INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance under the COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The following endorsement provision does not apply when "X"is shown in the space provided below: Provision B.PROPERTY DAMAGE—BORROWED EQUIPMENT does not apply Provision C. PROPERTY DAMAGE—CUSTOMERS" GOODS,does not apply Provision F. MEDICAL PAYMENTS EXTENSION does not apply Provision H.ADDITIONAL INSUREDS— BY CONTRACT, AGREEMENT OR PERMIT does not apply Provision 1.ADDITIONAL TINS RED —VENDORS does not apply Provision J.BROAD FORM NAMED INSURED does not apply Provision K. FAILURE TO DISCLOSE HAZARDS AND PRIR OCCURRENCES does not apply Provision L. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT does not apply [_ ---------- (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement, A. NON-OWNED WATERCRAFT Under paragraph 2. Exclusions of COVERAGE A BOD10t' INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provision (2)(a)of exclusion g. Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B, PROPERTY DAMAGE— BORROWED EQUIPIMENT 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provision (4) of exclusion j. Damage To Property does not apply to "property damage" to borrowed equipment while that equipment is not being used to perform operations at the job site. 2, Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess Insurance: _r I he insurance afforded by provision B. in the Commercial General Liability Extension Endorsement is excess over any of the other insurance, vynether primary, excess, contingent or on any other basis,that is property insurance. 3. Th s endorsement provision B.does not apply�,vhen it is shown in the Schedu lie as not applicable. Includes copyrightcA material of issue arice Seriices Otficle, inc,l,-vith its permission. Copyright, Insurance Services Office, inc_20CIO 22-45TX(12102) Page 1 of 6 INSURED COPY ........., 0-- "1 C. PROPERTY DAMAGE—CUSTOMERS'COLDS 1. Under paragraph 2. Exclusions of COVERAGE BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I), previsions (3), (4) and ( ) of exclusion j. Damage To Property do not apply to "property damage"to"customers' goods"while on your promises. 2. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b.Excess Insurance: The insurance afforded by provision, C. in the Commercial General Liability Extension Endorsement is excess over any of the other insurance;whether primary,excess, contingent or on any:other basis,that is property insurance. 3. The following is added to SECTION V—DEFINITIONS: ".Customers' goods" means property of your customer on your premises for the purpose of being worked on or used in your manufacturing process. 4.This endorsement provision C.docs not apply when t is shown in the Schedule as not applicable. D. PROPERTY TY X33 C LIABILITY— ELEVATORS 1. Under paragraph 2. Exclusions of COVERAGE O ILY INJURY ANIS PROPERTY LTA LIABILITY (SECTION 1), provisions (3), (4)and ( )of exclusion j.Damage To Property do not apply if such "property damage" results from the use of elevators. 2. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by provision D. {n the Commercial General Liability Extension Endorsement is excess over any of the other insurance; whether primary,excess, contingent or on any other basis, that is property insurance. E. DAMAGE Y FIRE, LIGHT I #G, LC I€N, SMOKE OR LEAKAGE If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part. 1. Under subsection 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I : a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3)and (4)of this exclusion do not apply to"property damage" (other than damage by fire, lightning,explosion, smoke; or leakage from automatic fire protection systems)to premises; including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III—LIMITS OF INSURANCE. b. The last paragraph of subsection 2. Exclusions is replaced by the hollowing: Exclusions c.through n.do not apply to damage by fire, lightning,explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III— LIMITS E INSURANCE. includes copyrighted rzatenas of insurance Services office, inc.-with its permission. Copyright, Insurance Services,Office, inc_20G1D 22-45T (12102) Rage 2 of 6 INSURED COPY nr �. n r, 0— 1 2, Paragraph 5. under SECTION III—LIMITS F INSURANCE is replaced by the following: 5. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises, whi€e rented to you, or in the case of damage by fire, lightning, explosion; smoke, or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. This !unit is the greater of: a.. S300,000, or b. The amount shown in the Declarations for Damage To Premises Rented To You Limit. 3. The word "fire" is chanced to "fire, lightning, explosion, smoke, or leakage from automatic fire protection systems"where it appears in: a. SECTION i — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance, subparagraph1`1 and b. SECT V— DEFINITIONS, paragraph 9.a. F. MEDICAL_ PAYMENTS EXTENSION 1. SECTION ttt—LIMITS OF INSURANCE, paragraph 7. is replaced by the following: 7. Subject to 5, above, the Medical Expense Limit is the most we will pay under Coverage C.for all medical expenses because of"bodily injury"sustained by any one person.The N'ledical Expense Limit is the greater of: a. 515,000: or b. The Medical Expense Limit shown in the Declarations. . under provision 1. Insuring Agreement of COVERAGE C MEDICAL.PAYMENTS(SECTION €�, the second subparagraph (2)of paragraph a. is replaced by the following: O The expenses are incurred and reported to us within three years of the date of the accident, and 3. :his endorsement provision F. does not apply when: a. it is shown in rhe Schedule as not applicable: or b. COVERAGE C. MEDICAL PAYMENTS (SECTION t)is ofher;,rise excluded from this Coverage Part. C. EXTENSION OF S LMNT R PAYMENTS—COVERAGES AND B Under SUPPLEMENTARY PAYMENTS—COVERAGES AND R: 1. Paragraph 1.b. is replaced by the following: b. Up to S2500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2= Paragraph I.d. is replaced by the following: clAll reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the clam: or''suit`, including actual loss of earnings up to 300 a day because of time off from:work. includes ropyrigh#ed mate6ai of Insurance Services oiric€;, in,c.Mith its perm fission. Copyright. insurance.Services Ot#;tit, inc.,2000 22-45TX(12102) Page 3 of 5 nr.., n Rp�,C,?r, 147( nr%1iANACAOr INSURED COPY n n ., � n n n nnrnnx nnnnnn ., 0.,,.,.. H, ADDITIONAL INSUREDS— BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2, under SECTION It—WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Fart. Such person or organization is an additional insured only with respect to liability arising out of: a. `?our ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision I.a. above,a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. 'With respect to provision 1.b.above,a person's or organization's status as an 'insured under this endorsement ends when their contract or agreement with you for such pren-vises or facilities ends. 2. This endorsement provision H. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage"or"personal and advertising injury"; b. To"bodily injury" or"property damage"occurring after: (1) All work, including materials; parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or (2) That portion of"your work"out of which the injury or damage arises has been z put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including; but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, reaps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activ€ties: d. To "bodily injury" `:property damage"or"personal and advertising injury" arising out of any act; error or ornission that results from the additional insured's sole negligence or wrongdoing; e. To any person;or organization included as an insured under provision; I. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy; or When it is shown in the Schedule as not applicable. Includes copyrighted materia?of;nsurancGa Services Office,inc.with its permission. Copyright, insurance services Office, inc.,2000 22-45T (12102) Page 4 of I. , ADDITIONAL INSURED —VENDORS Paragraph 2. under SECTION tt—WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor")with whom you agreed, in a written contract or agreement to provide nsurance such as is worded under this policy, but onhi with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement, This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. ,any express warranty unauthorized by you; c. ,any physical or chemical change in theproduct made intentionally by the vendor; d. Repackaging,unless unpacked solely for the purpose of inspection,demonstration, testing; or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to snake such inspections; adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; . Products which. after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or b. To "bodily injury" or "property damage" arising out of any act, error or omrission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization; from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such Products. 3. This endorsement provision t,does not apply when its shovin in the Schedule as not applicable. J. BROAD FORM NAMED INSURED 1. SECTION tt—WHO s INSURED is amended to inci;ade as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. Under SECTION t — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess € surance: This insurance is excess over any of the other insurance, whether primary,excess; contingent or on any other basis,that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock. . Paragraph 2.of this endorsement provision J. does not apply to a policy written to apply specifically in excess of this policy. 4. This endorsement provision J.does not apples when it is shown in the Schedule as not applicable. includes copyrighted niateE ai of insurance:Services Office, Inc.t+lith its pernnission. Copy,ight, Insurance Services Office, inc.,2000 22-45T (12102) Page 5 of 5 INSURED COP r n��n. ......, , 11 K. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 1. Under SECTION I — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: Four failure to disclose all hazards or prior"occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior"occurrences" is not intentional. 2. This endorsement provision K.does not apply when it is shown in the Schedule as not applicable. L. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SLUT 1. Under SECTION I — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties In the Evert of Occurrence, Offense. Claire Or Suit; Knowledge of an "occurrence",offense, claim or"suit"by an went, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an insured listed under paragraph 1, of SECTION If—WHO IS AN INSURED or a person who has been designated by them to receive reports of occurrences; offenses, claims and"suits" shall have received such notice from the agent, servant or "employee". 2. This endorsement provision L.does not apply when it is shorn in the Schedule as not applicable. M. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge,your policy will automatically provide the coverage as of the day the revision is effective in your state. This does not apply to provisions that are shown in the Schedule as not applicable. N. BODILY INJURY REDEFINED Under SECTION V—DEFINITIONS., definition 3, is replaced by the following: 3. `Bodily Injury" means physical injury: sickness or disease sustained by a person. This includes mental anguish, mental injury, shock,fright or death that results from such physical injury,sickness or disease. Includes copyrighted naterias of Insurance Services Office,inc-,with its permission. Copyright. Insurance Services Office, Inc.,2000 22-45 TX(121 2) Page 6 of 6 aI a Hnon X17-�Innaeh A csnr INSURED COP . r 1-1111 1 o.,,-,,, Policy No. C_'BP8851920 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to provision a. Primary Insurance of paragraph 4. Other Insurance Linder SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS: However,when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "additional iff-tsured's own insurarioe" provided that: (1) You and the additional insured have agreed in a written contract that this insurance is primary and non- contributory-, and (2) The"bodily iijiury"or"property darnage" OCCUI-S, or the "personal and advertising injury" is committed, subsequent to the execution of such contract- B. For the purposes of this endorsement the following is added to SECTION V— DEFINITIONS: "A ddftional insured's own insurance` means other iff"surance for which the additional insured is designated as a Darned Insured. Includes Copyrighted nspeen uss;on. 22-111 (01107) Page 1 of 1 ami= Coverage Is Provided In AMERICA FIRST LLOYD'S INSURANCE CO. Named Insured: Agent: C GREEN SCAPING LP AGENTS ALLIANCE SERVICES LTD GS PROPERTIES LP REi Erb TG NAIttiEl INSURED SCI EI ULE sett Cycle: 42 6 � €rpt c�� e: j9 0)-382-9691 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS T his endorsement modifies insurance provided Linder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". SCHEDULE Name of Person or Organization: BLANKET AS REQUIRED BY V�IRITTEN CONTRACT Location And Description of Completed Operations: JOB SITES Additional Premium: INCLUDED 'If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.), CG 20 37(10/01) ISO Properties. Inc.-2000', INSURED COPY - Policy Number: CBP 8851920 Coverage Is Provided In AMERICA FIRST LLOYD'S INSURANCE CO. Named Insured: Agent: C GREEN SCAPING LP AGENTS ALLIANCE SERVICES LTD GS PROPERTIES LIP REFER TO NAMED INSURED SCHEDULE Agent Code: 4286962 Agent Phone: (.940)-382-9691 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the mi|owing: COMMERCIAL GENERAL L\AB|L!TYCDVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OT HERS TO US Condition (Section !V— COMMERCIAL G ,:ENERALLIABILIT Y CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the persun or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or "your work" done underaoontnac±vw|ththatpeoonororganizutionandincludedinthe^pnoducts-oompimtedoperatinnahazerd.^This vveiverapp|ieaon|y'tothapersonororganizatiunshowninthaSchedu|obe\mw. SCHEDULE Name nfPerson wrOrganization: BLANKET AS REQUIRED BY WRITTEN CONTRACT ORAGREEMENT WITH YOU. (if no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable tnthis endoroemont)- Cupvr|om. msu'onvesem/ceoomne, mu- 1992 CG 24 0408/S3) INSURED COPY ----- -__-- ..^--~. --~_.- Policy Wimber-, C 8851920 Coverage Is Provided In AMERICA FIRST LLOYD'S INSURANCE CO. Named Insured: Agent: C GREEN CAPING LP AGENTS ALLIANCE SERVICES LTD GS PROPERTIES LP REFER TO NAMED INSURED SCHEDULE Agent Code: 4286962 Agent Phone: (940)-382-96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE P f A-RT SCHEDULE Designated Construction Projects: BLANKET AS REQUIRED BY W'RITTEN CONTRACT (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement), A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences"under COVERAGE A(SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate 'Limit its the most we will pay for the sum of all damages Linder COVERAGE A. except damages because of"bodily injury" or"property rt damage" included in the"products- completed operations hazard,"and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits" brought, or c. Persons or organizations making claims orbringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will, be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 (031197) CoPyright, Insurance Services Office, Inc.,1391, INSURED COPY B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTIO! !), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: `t. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate 1 imit or the products-Completed Operations Aggregate Limit, whichever is applicable, and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard"is provided, any payments for damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard"will reduce the products-Completed Operations AggregateLimit, and not reduce the General Aggregate Limit nor the Designated Construction project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION tti) not otherwise modified by this endorsement shall continue to apply as stipulated. CS 25 03 (03/97) Copyright, Insurance services Office,Inc-t996 INSURED COPY nr.n nrnnsn QSa z:' fiYrfhlTf'ftr17.A R:F Cri(lin :^..nnx.snnrrn +n,-n->n .�n, r.nn+ nnnr,n.r.+n �.,nr•. , n Policy No, BA8842595 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT COV ERAGE INDEX Description Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 BROAD FORM INSURED 2 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 2 SUPPLEMENTARY PAYMENTS 2 AMENDED FELLOW EMPLOYEE EXCLUSION 3 HIRED AUTO PHYSICAL DAMAGE 3 TO'VVING AND LABOR 3 PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 RENTAL REIMBURSEMENT 4 EXTRA EXPENSE- BROADENED COVERAGE 4 PERSONAL EFFECTS COVERAGE 4 AIRBAG COVERAGE 4 LEASE GAP 4 GL ASS REPAIR -WAIVER OF DEDUCTIBLE 5 DRIVE 0 THEIR CAR FOR EXECUTIVE OFFICERS 6 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 7 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS 7 BODILY INJURY REDEFINED 7 EXTENDED CANCELLATION CONDITION 7 The following modifies insurance under the: BUSINESS AUTO COVERAGE FORM 1. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECT ION 1 -COVERED AUTOS, paragraph C. is changed by adding the following: If Physical Damage Coverage is provided under the Bu�siness Auto Coverage Forrn for an ::auffl you own. the Physical Darnage coverages provided for that owned `auto"are extended to a.ny --auto," you do not own while used with the perrnission of its owner as a ternporary substitute for the covered auto"you own that is out of service because of its breakdown, repair, servicing, `loss`, or destruction. i Includes copyrighted material l of Insurance Services Office, Inc.with its permission. Copyright, insurance Serlices Office, Inc., 1997 16-59f(05/04) Page 1 of 7 ' 2. BROAD FORM INSURED SECT ION U - LIABILITY COVERAGE-WHO |3ANINSURED inamended kzinclude anmninsured: 1, Any legally incorporated entity of which you own more than 50 percent of the voting stock during the period for which this endorsement is effective, if there is no similar insurance available to that organization. However,the Named insured does not include any organization: o that is partnership n/joint ventun*. or b, that is an insured under any other policy, or has exhausted �ts Limit o/|nsuronce under any other policy. 2 Paragraph 1 b. above does not apply to a policy written to apply specifically in excess of this po}i�y� � Coverage for oew/|yooqu{nedorformed organizations imafforded only for 180 days from the date ofacquksitiOA0/formation. 4. CoveuygndoemnVtmpph/1o ^bodik/ inju4/' or^propedydarnage^thadresultshomen ^aooideot^ "hat occurred before you formed Oracquired that organization, 3. EMPLOYEES AS INSUREDS SECTION || - LIABILITY COVERAGE- VVHD IS AN INSURED ia amended to include as an insured: Any employee 0fyours while using 8 covered "auto" you d0 not own, hire Or borrow in your business uryour personal affairs. 4. ADD{T|O@ALINSURED B)/CONTRACT, AGREE OR PERK#!T SECTION || - LIABILITY COVERAGE- VVHQ IS AN INSURED is emended to include as an insured any person or organization with whom You have agreed in writing in e contract, agreement nrpermit, 10provide insurance such asioafflondndunderthispoMoy� This provision 4 does not app|y um|eosthe whttem contract or agreement hos been exeuuted, or permit has been issued, prior tutha °bodilyinjury'' or"pmnpertydamage ^ G. SUPPLEMENTARY PAYMENTS SECTION || LIABILITY COVERAGE,2 a Supplementary Payments` itemns(2) and (4) are replaced bythe following: (2) Up to $25D0-for cost of bail bonds (imdudimV bonds for related traffic violations) required because Qfan ''8coidsnt^wecover, VVednnot have tofurnish these bonds. (4) A|| naoaonob|oexpanseyiocurredbytheinsunedatou/veQueat, indudinqactua|!0000feannings Lip to $300aday because of1in0eoff frornworh. 6. AMENDED FELLOW EMPLOYEE EXCLUSION Includes copyrighted materi-al of Insurance Services Offioe. Inc. with its permission. Copyright, !nouranma Semicey0ffiuo' Inc., 1997 16-59f(051041 Page 2o77 SECTION 11 - LIABILITY, exclusion. 15. FELLOW EMPLOYEE does not apply if'the "bodily injury" results from the use of a covered "auto"you own or hire. The insurance provided under this provision 6. is excess over any other collectible insurance. 7. HIRED AUTO PHYSICAL DAMAGE ,SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: It hired "autos" are covered "autos"for Liability Coverage, andif Comprehensive, Specified Causes of Loss, or Collision coverage are provided under the Business Auto Coverage Form for any "auto' you own, then the Physical Damage coverages provided are extended to "2LF[OS'! you hire, subject to the following limit and deductible: The most we will pay for"loss"to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned"auto"for that coverage. No deductible applies to"loss" caused by fire or lightning. Subject to the above limit,deductible and excessirprovisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. Subject to a Maximum of$750 per"accident",we will also cover loss of use of the hired"auto" if it results from an "accident", you are legally liable, and the lessor incurs an actual,financial loss. The insurance provided under this provision 7. is excess over any other collectible insurance. 8. TOWING AND LABOR SECTION Ill - PHYSICAL DAMAGE COVERAGE, A.2.Towing, is replaced by the following: We will pay towing and labor costs incurred, up to the limits shown below. each time. a covered "auto" classified and rated as a private passenger type, light truck" or"mediurn truck" is disabled: a. For private passenger type vehicles, wevkjill pay up to $50 per disablement. lb. For"light trucks"that have a gross vehicle weight (,---AN-Nof 10,fr00 pounds or less,we will pay up to $50 per disablement, c. For "i-nedium trucks"that have a gross vehicle weight" (G`ffl of 10,001 -20,000 pounds, we wfll pay tipt , to S150 per disablement. However, the labormust, be performed at the place of disalblernent. 9. PHYSICAL DAMAGE-ADDITIONAL—1 RANSPORMATION EXPENSE COVERAGE SECTION Ill - PHYSICAL DAMAGE COVERAGE,A.4. Coverage Extension, is amended to provide a limit of$50 per day and a maxit-nurn limit of S1 000. 10. RENTAL REIMBURSEMENT Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 16-59f(05/0-4) Page 3 of 7 SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the follovvino-_ We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because.of "accident" or"loss", other than theft, to a covered `auto'. We will pay only for those expenses incurred after the first 24 hours following the"accident"or"Joss"to the -covered '-auto." The most we will pay for any one"accident" or1oss" is $1000, No deductible applies to this coverage. 11. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION 111 - PHYSICAL DAMAGE COVERAGE A. COVERAGE,we will pay for the expense of returning a stolen covered "auto"to you. 12. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto`you own and that "auto" is stolen,we will pay,without application of a deductible, up to $600 for"personal effects" stolen with the"auto," The insurance provided under this provision 12. is excess over any other collectible insurance. B. SECTION V- DEFINITIONS is amended by adding the following: "Personal effects" means tangible property that is worn or carried by at) 1nsured". "Personal effects"does not include tools, Jewelry, money or securities. 13. AIRBAG COVERAGE SECTION III - PHYSICAL DAMA13E COVEPAGE, B, EXCLUSIONS is amended by adding the following: If you, have purchased C-ornpre-hensive or Collision Coverage under this policy, the exclusion relaxing to mechanical breakdown does not apply to the accidental discharge of an air bag, 14..LEASE GAP A. SECTION III - PHYSICAL DAN1AGE COVERAGE - LIMIT OF INSURANCE is amended by adding the following: The most we will pay to,,a "total loss' in any one "accident" is the greater of the: 1. Balance due under the terns of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a, Overdue payments and financial penalties associated with those payments as of the date of the"loss". Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 5-59f(05/01 4} Page 4 of 7 lb. Financial penalties imposed under a lease due to high mileage. excessive use or abnormal wear and tear, c. Costs for extended viarranties, Credit Life Insurance, Health, Accident of Disability Insurance purchased vyith the loan or lease, d. Transfer or rollover balances frorn previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which Occurred prior to the"total loss" of a covered "aull g, Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I. Any anIOUnt representing taxes, j. Loan or lease termination fees, or, 2. The actual cash value of the damaged or stolen property as of the time of the ;�loss� 13r ADDITIONAL CONDITIONS This coverage applies only to the original loan or lease written on a covered"auto". C. SECTION V- DEFINITIONS is changed by adding the following: As used in this endorsement: T otal loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the 2CtU21 cash value. "Balloon loan" is one with periodic payments that are insuffiCient to repay the balance over the term of the loan, thereby requiring a 'large final payment. 6. GLASS REPAIR -WAIVER OF DEDUC-1ISLE SECTION III - PHYSICAL DAMAGE COVERAGE is arnencled by adding the following to D. DEDUCTIBLE No deductible applies to glass damage if the glass is repaired rather than replaced. 16. DRIVE OTHER CAR FOR EXECUTIVE OFFICERS k This provision 17. changes only those coverages where a iirnit and premium is shown in the Declarations. B. CHAN(3ES IN LIABILITY COVERAGE: Includes copyrighted rnatery of Insurance Services Office, Inc.with its permission. Copyright, Insurance -Ser,.rices Office, Inc., 1997 16-59-1 (05/04) Page 5 of 7 Any"auto"you do not own, hire or borrow is a covered "auto" for Liability Coverage while being used by any of your"executive officers", except: Any"auto"owned by that"executive officer" or a member of that person's household- or Any"auito" used by that"executive ofTicel" while working in a business of selling, servicing, repairing or parking "autos", C. CHANGES IN AUTO MEDICAL PAYMENT S AND UNINSURED MOTORISTS AND UNDEFRINSURED MOTORISTS COVERAGE The following is added to WHO IS AN INSURED: Any individual -insured" and his or her"family rnernbers" are "insured"while �'occupying`or while a pedestrian when being struck by any"aulo" you do not own except: Any "auto" owned by that individual or by any"family rnember". D. CHANGES IN PHYSICAL DAMAGE COVERAGE: Any private passenger type"auto" you do not own, hire or borrow is a covered "auto"while in the care, custody or control of any of your"executive of except: Any"auWt owned by that individual or by any wiernber of his or her household. Any:;auto" owned by that individual or his or her spouse while working i1r7 a business of selling, servicing. repairing or parking"autos`. E. ADDITIONAL DEFINITIONS: As used in this endorsement: "Executive officer"means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and that person's spouse, while a resident of the same household. "Farnfly member" ;?jeans a person related to an "executive officer' by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. F. The Insurance provided Linder this provision 17.will be: Equal to the broadest of those coverages afforded any covered "auto". and Excess over any other collectible insurance, 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SEC7.10N IV-BUSINESS AUTO CONDITIONS is amended by adding the following: If you unintentionally fail to disclose any hazards or exposures existing as of the inception date of the Business Auto Coverage Form,the coverage afforded by this policy will not be, prejudiced. However, you must report the undisclosed hazard or exposure as soon as practicable after its discovery, and we Includes copyrighted material of Insurance Ser�Jces Office, Inc,with its permission. Copyright, insuranc�,, Services Office, Inc.. 1997 96-59f(05/04) Page 6 of 7 . have the right to collect additional premium for same. 18. AMENDED DUTIES |QTHE EVENT OF ACCIDENT,CLAIM,SUIT, OR'^LOSS,` SECTION IV BUSINESS AUTO CONDITIONS, paragraph A2o. iaarnendodbyadding the fo||mwing: You must give Lis notice of an "accident", clairn, "swh, or"loss" only when it is known to: 1, You, ifyou are an individual, 2. Apartner, ifYOU are apartnership, 3Amember, ifyou are alimited liability company, ur 4 An executive officer orthe"ernp|oyee~deoiAnated by the Named Insured togive such mmboe, if you are 8corporation. 19. BODILY INJURY REDEFINED Under SECTION V- DEFINITIONS, definition C. isreplaced bythe following: "Bodily injury" moans physical injury. sickness or disease sustained by m person including mental anguish, mental injury, shock, fright or death resulting from any of these all arty time. 20. EXTENDED CANCELLATION CONDITION The COMMON POLICY CONDITIONS' CANCELLATION provision applies except as follows: if we cancel for anyreason other than nonpayment of premium,we will mail or deliver to'Lille first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation This provision 20. does not apply in those states which require more than 60 days prior notice of cancellation. Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright, |nuuoauoo Services Office, Inc.. 1907 16-59f(05104) Page 7of7 CONIMERCIAL AUTO COVERAGE PART DECLARATIONS EXTENSION (continued) BUS-31NESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: BLANKET AS REQUIRED BY WRITTEN CONTRACT ( if no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV-BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5 . Transfer of Rights of Recovery Against Others To Us) is amended by the addition of the following : We vijaive any right of recovery vie may have against the person(s) or organization(s) shown in the Schedule above if you have agreed to waive such right in a writtlen contract or agreement. Our waiver only applies to payments we rnake for " bodily injury " or " property damage" arising out of an "accident" and resulting from the ownership, maintenance or use of a covered "auto " . This waiver applies only to the person(s) or organization(s) shown in the Schedule above. Date Issued: 05124f2011 17-59CA(06194) 1T COPY MKH7nQn7 Oatla WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TexasMutuar Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A, of the Information Page, We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Gchedule. The premium for this endorsement is shown in the Schedule. Schedule I. Specific Waiver Name of person or organization X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium ch=arge for this endorsernent shell be-111 1 2, 00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described, 4, Advance Premium INCLUDED, SEE INFORMA TION PAGE , This endorsement changes the policy to which it is aftached effective on the inception date of the policy unless a different date is indicated belovv, (The folloiving"Qttachinq clause"need be com-piatgd only whgn this Gndo,somGnt is iseued�2ubcgcpiant to priapar2tion oftho policy This endorsement,effecti�.?e on at 12V A.M-standard tinle,forms a part of Policy No. TSE-0001252254 2 0 1305 13 of the Texas NA UW a I Insurance Company Issuedto C, GREEN SC PING , L .P. Endorsement No. P,e mi um.$ Authorized Representative 1=4203A4A(ED, 1-01-2000) INSUREDS COPY QUSER 5-08-2013