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City Council Resolutions (Resolution R-19-4350)-01/22/2019
RESOLUTION R-19-4350 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 22, 2019 EREAS, City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a. Approval of a contract with Denco Construction Specialists for the Webb House Renovation Project, in an amount not to exceed $233,926.85, and authorize the city manager to execute same, and any associated change orders, in an amount not to exceed 10 percent of the contract price b. Approval of a construction contract with Canary Construction, Inc. for State Highway 26 and Pleasant Run Water Line Improvements, in an amount not to exceed $245,490.00, and authorizing the City Manager to execute the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 7 AYES, 1 NAYS ON THIS THE 22ND DAY OF JANUARY 2019. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Nay Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye Mayor For A Day Daniel Thomas Aye ATTEST: Christine Loven, TRMC City Secretary C Y OF COLLEYVILLE Richard Newton Mayor CONSTRUCTION SERVICES AGREEMENT Colleyville Webb House Renovation Project This CONSTRUCTION SERVICES AGREEMENT ("Agreement") is made as of the Effective Date by and between Denco CS Corporation, a Texas corporation, hereinafter called "CONTRACTOR", and the City of Colleyville, Texas, hereinafter called "CITY". RECITALS WHEREAS, CITY desires CONTRACTOR to perforn certain work and services set forth in Section 1 (the "Scope of Services"), and WHEREAS, CONTRACTOR has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in the Contract Documents, and enumerated under Section 1, of this Agreement; NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, CITY and CONTRACTOR agree as follows: Section 1. Scope of Services Upon issuance of a written Notice to Proceed by CITY, CONTRACTOR agrees to provide to CITY the necessary services, labor, materials, equipment and supplies related to the renovation of the existing City of Colleyville Webb House facility (the "Project"), such services being more fully described herein and pursuant to the plans and specifications identified in the Contract Documents. Section 2. Term ofAereement The term of this Agreement shall begin on the last date of execution hereof (the "Effective Date") and shall continue until CONTRACTOR completes the services required herein to the satisfaction of CITY and has been paid in full by City, unless sooner terminated as provided in Section 9, below. Section 3. Contract Documents A. This Agreement is a part of the Contract Documents, which include: 1) This Agreement, including all exhibits and addenda hereto; 2) CITY'S Specifications and Contract Documents for the Project ("Bid Packet"); 3) CITY'S written notice(s) to proceed to the CONTRACTOR; 4) Properly authorized change orders; 5) CONTRACTOR's Bid Proposal ("Proposal" and/or "Response"); and 6) Any other materials distributed by the CITY that relate to the Project. In the event there exists a conflict between any term, provision and/or interpretation of the Contract Documents, the documents shall take precedent and control in the order listed above in this Section. If discrepancies are found that may impact construction of the Project, it shall be the Contractor's obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the Project. City of Colleyville Construction Services Agreement Page I Section 4. Contractor Oblieations A. CONTRACTOR shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should CITY require additional services not included under this Agreement, CONTRACTOR shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by CITY; and without decreasing the effectiveness of the performance of services required under this Agreement. B. To the extent reasonably necessary for CONTRACTOR to perform the services under this Agreement, CONTRACTOR shall be authorized to engage the services of any agents, assistants, persons, or corporations that CONTRACTOR may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of CITY. The cost of such personnel and assistance shall be a reimbursable expense to CONTRACTOR only if authorized in writing in advance by CITY. C. Unless otherwise agreed, CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the Scope of Services. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have well known, technical or trade meaning shall be held to refer to such recognized standards. D. CONTRACTOR shall comply with all laws, ordinances, rules and regulations governing CONTRACTOR's performance of this Agreement. E. All minor details of the work not specifically mentioned in the Scope of Services or Project Drawings but obviously necessary for the proper completion of the work, such as the proper connection of new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth in this Agreement. CONTRACTOR will not be entitled to any additional compensation therefor unless specifically stated otherwise. Otherwise the term "extra work" as used in this Agreement shall be understood to mean and include all work that may be required by CITY to be done by CONTRACTOR to accomplish any alteration or addition to the work as shown on the Project Drawings. It is agreed that CONTRACTOR shall perform all extra work under the direction of the City's Representative when presented with a written work order signed by the City's Representative, subject, however, to the right of CONTRACTOR to require written confirmation of such extra work order by CITY. Payment for extra work shall be as agreed in the work order. F. CONTRACTOR agrees to indemnify, defend, and save CITY harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and suppliers of machinery and parts thereof, equipment, power tools, all supplies incurred in the furtherance of the performance of this Agreement. When CITY requests, CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. Section 5. Payment A. CITY agrees to pay CONTRACTOR for all services authorized in writing and properly performed by CONTRACTOR in a total amount not to exceed TWO HUNDRED AND THIRTY-THREE THOUSAND, NINE HUNDRED AND TWENTY-SIX DOLLARS AND 85/100 ($233,926.85) ("Contract Price"), subject to additions or deletions for changes or extras agreed upon in writing. Unless otherwise provided herein, payment to CONTRACTOR shall be monthly based on the CONTRACTOR'S monthly progress report and detailed monthly itemized statement for services that shows the names of the City of Colleyville Construction Services Agreement Page 2 CONTRACTOR'S employees, agents, contractors performing the services, the time worked, the actual services performed, and the rates charged for such services, in a form reasonably acceptable to CITY. CITY shall pay such monthly statements within thirty (30) days after receipt and CITY verification of the services. B. CITY may deduct from any amounts due or to become due to CONTRACTOR any sum or sums owing by CONTRACTOR to CITY. In the event of any breach by CONTRACTOR of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against CITY, or the CITY'S premises, arising out of CONTRACTOR's performance of this Agreement, CITY shall have the right to retain out of any payments due or to become due to CONTRACTOR an amount sufficient to completely protect the CITY from any and all loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily remedied or adjusted by CONTRACTOR. C. CITY may, on account of subsequently discovered evidence, withhold the whole or part of any payment to such extent as may be necessary to protect itself from loss on account of: (1) Defective work not remedied; (2) Claims filed or reasonable evidence indicating possible filing of claims; (3) Failure of CONTRACTOR to make payments promptly to subcontractors or for material or labor which CITY may pay as an agent for the CONTRACTOR; or (4) Damages to another contractor or subcontractor. When the above grounds are removed, or CONTRACTOR provides a surety bond satisfactory to CITY which will protect CITY in the amount withheld because of said grounds, CITY will release the amounts withheld. Section 6. Responsibilities A. CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of all materials, construction, installation and other services furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in the installation and construction of the Project components to conform as shown in the Project drawings and specifications. B. Neither CITY's review, approval or acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR's negligent performance of any of the services furnished under this Agreement. C. The rights and remedies of CITY under this Agreement are as provided by law. Section 7. Time for Performance A. CONTRACTOR shall perform all services as provided for under this Agreement in a proper, efficient, timely, and professional manner in accordance with CITY'S requirements. B. In the event CONTRACTOR's performance of this Agreement is delayed or interfered with by acts of the CITY or others, CONTRACTOR may request an extension of time for the performance of same City of Colleyville Construction Services Agreement Page 3 as hereinafter provided, but shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. C. No allowance of any extension of time, for any cause whatever, shall be claimed or made to CONTRACTOR, unless CONTRACTOR shall have made written request upon CITY for such extension within forty-eight (48) horns after the cause for such extension occurred, and unless CITY and CONTRACTOR have agreed in writing upon the allowance of additional time to be made. D. CONTRACTOR understands and agrees that time is of the essence of this contract, and that for each day of delay beyond the number of calendar days herein agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as may otherwise be provided for extension of time herein), the Owner may withhold permanently from the Contract Price an amount equal to $1,000.00 per day. E. In case CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the City, or if CONTRACTOR fails to comply with the orders of the CITY, when such orders are consistent with the ,Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds may be notified in writing by CITY and directed to complete the work (at CITY'S sole discretion), and a copy of said notice shall be delivered to CONTRACTOR. After receiving said notice of abandonment, CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on thejob, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the CITY or the Surety on the performance bond, or another contractor in completion of the work; and CONTRACTOR shall not receive any rental or credit therefor, it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Nothing in this section shall be deemed a waiver of any remedy available to the CITY under this Agreement and the CITY shall retain all remedies upon default provided in Section 14 herein. (1) In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, written ten (10) days after service f such notice, then the CITY may provide for completion of the work in either of the following elective manners: a. The CITY may employ such force of labor and use such machinery, equipment, tools, materials and supplies as said CITY may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the CITY out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or its Surety shall pay the amount of such excess to the CITY; or b. The CITY under sealed bids, when and in the manner required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Agreement. In the case of any increase in cost to the CITY under the new contract as compared to what would have been the cost under this Agreement, such increase shall be charged to the CONTRACTOR City of Colleyville Construction Services Agreement Page 4 and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Agreement, the CONTRACTOR and/his Surety shall be credited therewith. Section 8. Ownership of Project; Bill of Sale A. CONTRACTOR warrants that title to all work, including all equipment and materials incorporated into the Project, will pass to CITY no later than the time of final payment. CONTRACTOR further warrants that upon payment by CITY, all Work for which payments have been received from CITY shall be free and clear of liens, claims, security interests or other encumbrances in favor of CONTRACTOR or any other person or entity whatsoever. B. CONTRACTOR agrees to assign to CITY at the time of completion of the Scope of Services all manufacturer's warranties relating to equipment, materials and labor used in the Project and further agrees to perform the Project in such manner to preserve all manufacturer's warranties. If necessary as a matter of law, CONTRACTOR may retain the right to enforce directly any such manufacturers' warranties during the one year period following the date of acceptance of the Project by City. Section 9. Termination A. CITY may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to CONTRACTOR. In the event suspension or termination is without cause, payment to CONTRACTOR, in accordance with the terms of this Agreement, will be made based on services reasonably determined by CITY to be satisfactorily performed to the date of suspension or termination. Such payment will be due upon delivery of all instruments of service to CITY. B. If CITY requires a modification of this Agreement with CONTRACTOR, and in the event CITY and CONTRACTOR fail to agree upon a modification to this Agreement, CITY shall have the option of terminating this Agreement and CONTRACTOR's services hereunder at no additional cost other than the payment to CONTRACTOR, in accordance with the terns of this Agreement, for the services reasonably determined by CITY to be properly performed by CONTRACTOR prior to such termination date. Section 10. Insurance A. CONTRACTOR shall during the term hereof maintain in full force and effect the following insurance: (i) a comprehensive general liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the CONTRACTOR's performance of services pursuant to this Agreement with a minimum combined single limit of not less than $2,000,000.00 per occurrence for injury to persons (including death), and for property damage; (ii) policy of automobile liability insurance covering any vehicles owned and/or operated by CONTRACTOR, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $500,000.00 combined single limit and aggregate for bodily injury and property damage; (iii) statutory Worker's Compensation Insurance at the statutory limits and Employers Liability covering all of CONTRACTOR's employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00. B. All insurance and certificate(s) of insurance shall contain the following provisions; (1) name CITY, its officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to CITY for cancellation or non -renewal of the insurance; (3) provide for a waiver of subrogation against CITY for injuries, City of Colleyville Construction Services Agreement Page 5 including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. Contractor shall provide written notice to CITY of any material change of or to the insurance required herein. C. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating service. D. A certificate of insurance evidencing the required insurance and all endorsements shall be submitted prior to commencement of services. Section 11. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY'S OBLIGATIONS HEREUNDER. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 12. Assignment CONTRACTOR shall not assign or sublet this Agreement, or any part thereof, without the prior written consent of CITY. Section 13. AvOicable Laws CONTRACTOR shall comply with all Federal, State, County and Municipal laws, ordinances, regulations, safety orders, resolutions and building codes relating or applicable to services to be performed under this Agreement. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court City of Colleyville Construction Services Agreement Page 6 Section 14. Default of CONTRACTOR In the event CONTRACTOR fails to comply or becomes disabled and unable to comply with the provisions of this Agreement as to the quality or character of the service or time of performance, and the failure is not corrected within ten (10) days after written notice by CITY to CONTRACTOR, CITY may, at its sole discretion without prejudice to any other right or remedy: A. Terminate this Agreement and be relieved of the payment of any further consideration to CONTRACTOR except for all work determined by CITY to be satisfactorily completed prior to termination. Payment for work satisfactorily completed shall be for actual costs, including reasonable salaries and travel expenses of CONTRACTOR to and from meetings called by CITY at which CONTRACTOR is required to attend, but shall not include any loss of profit of CONTRACTOR. In the event, of such termination, CITY may proceed to complete the services in any manner deemed proper by CITY, either by the use of its own forces or by resubletting to others. B. CITY may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the expense of CONTRACTOR. Section 15. Adjustments in Services No claims for extra services, additional services or changes in the services will be made by CONTRACTOR without a written agreement with CITY prior to the performance of such services. Section 16. Execution Becomes Effective This Agreement will be effective upon signing of the Agreement by authorized representatives of CONTRACTOR and CITY. Section 17. Aareement Amendments This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. This Agreement may only be modified, amended, supplemented or waived by a written instrument executed by the parties except as may be otherwise provided therein. Section 18. Severability In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. Section 19. Independent Contractor. In satisfying the conditions of and providing the services under this Agreement, CONTRACTOR is acting independently, and CITY assumes no responsibility or liabilities to any third party in connection with CONTRACTOR's actions. All services to be performed by CONTRACTOR pursuant to this Agreement shall be in the capacity of an independent contractor and not as an agent or employee of CITY. CONTRACTOR shall supervise the performance of its services and shall be entitled to control the manner and means by which City of Col/eyville Construction Services Agreement Page 7 its services are to be performed, subject to the terns of this Agreement. There is no intended third -party beneficiary to this Agreement. Section 20. Rieht-Of-Access. CITY will obtain and/or furnish right -of -access on any project site for CONTRACTOR to perform any required studies, surveys, tests or other necessary investigations in relation to the Scope of Services. CONTRACTOR will take reasonable precautions to minimize damage to the personal or real property in the performance of such surveys, tests, studies and investigations. Section 21. Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If to CITY: City Manager City of Colleyville 100 Main Street Colleyville, Texas 76034 With copy to: Whitt L. Wyatt Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 500 North Akard, Suite 1800 Dallas, Texas 75201 If to CONTRACTOR: Section 22. Countervarts Denco CS Corporation Attn: Steven Smith 5525 Lyons Road Garland, Texas 75043 This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. Section 23. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. Section 24. Survival of Obligations. Any of the representations and obligations of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the termination of this Agreement shall survive termination. Section 25. Sales and Use Taxes CONTRACTOR understands and acknowledges that CITY is a governmental entity and exempt from the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project City of Colleyville Construction Services Agreement Page 8 or otherwise incorporated into the Project. CITY agrees to provide CONTRACTOR such documentation as may otherwise be required by state law to allow CONTRACTOR to avoid payment of sales and uses taxes for materials and equipment with respect to the Project to the extent allowed by law. (Signature page to follow) City of Colleyville Construction Services Agreement Page 9 AGREED AND SIGNED this937day of January, 2019. ATTEST: M, Christine Loven, City APPROVED L.�Wyatt C 1.10.19:104423) Attorney CITY OF COLLEYVILLE, TEXAS AGREED AND SIGNED this _ day of January, 2019. CONTRACTOR Denco CS Corporation By: Steven J. Smith VP, Director of Construction City of Colleyville Construction Services Agreement Page 10 A �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/V) ov11/20192o1s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or 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 Baldwin -Cox Agency, LLC 5930 Preston View Blvd Ste 200 Dallas TX 75240 CONTACT NAME: Tina Caldwell PNHONN Ext: (972)644-2688 AIC, No: (972)644-8035 p0DRE5a. tlnaQo baldwinagency.wm INSURERS) AFFORDING COVERAGE NAIC If INSURERA: Bituminous Casually Corp. 20095 INSURED Denw CS Corporation 5525 Lyons Rd Garland TX 75043 INSURER B : INSURER C INSURER D INSURER E INSURERF: COVERAGES CERTIFICATE NUMBER: CL1862909820 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. INTR R TYPE OF INSURANCE INSD WVD POLICY NUMBER YYY NWDD/YE MM/DDM'YY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FRI OCCUR PREMISES Ea occurrence $ 0,000 X MED UP (Anyone person)$ 5, 000 Blkl AI ongoing/comp ops A CLP-3669634 06/29/2018 06/29/2019 X Blkt Waiver of Subrogation PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 [g PECROT ❑ LOG J IX $ X OTHER: Primary NonContnbutory LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY(Per person) $ ANY AUTO BODILY INJURY(Par accident) $ AOWNED POMOBILE SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY CAP-3669635 O6/29/20'18 06/29/2019 PROPERTY DAMAGE $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE CUP-2815024 06/29/2018 06/29/2019 AGGREGATE $ 5,000,000 DED I X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE YIN OFFICEWMEMBER EXCLUDED? (Mandatory In NH) N/A WC-3669636 06/29/2018 06/29/2019 A PER X STATUTE EH R E.L. EACH ACCIDENT $ i,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000.000 If yes, describe under DESCRIPTION OF OPERATIONS below Leased/Rented $250,000 Item A Contractors Equipment CLP-3669634 06/29/2018 06129/2019 Max Occurrence $500,000 Agg DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Colleyville Webb House Renovation Project General Liability and Auto liability policies provide blanket additional insured including ongoing and Completed operations and blanket waiver of subrogation when required by written contract. Coverage is Primary Non -Contributory when required by written contract. Workers Compensation provides blanket waiver of subrogation when required by written contact. General Liability, Auto and Workers Compensation provide 30 Day Notice of Cancellation with 10 day for non-payment of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Colleyville ACCORDANCE WITH THE POLICY PROVISIONS. City Manager AUTHORIZED REPRESENTATIVE 100 Main Street Colleyville TX 76034 ';„ (,[„� CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLJCYNUM3ER: CLP 3 669 634 I I :Te; :j I !A 2 = 0 11:0"'j:> kyj > It is hereby understood and agreed that in the event of cancellation, termination other than normal expiration, or material change in the policy, a 30 day advance written notice will be given to: ANY PERSON OR ORGANIZATION AS EVIDENCED BY A CERTIFICATE OF INSURANCE ISSUED ON THE COMPANY'S BEHALF BY ITS LICENSED AGENT. EXCEPTION: Cancellation by the insured or cancellation for non-payment of premium. GDX-2287-CN (01/93) POLICY NUMBER C LP 3 669 634 COMMERCIAL GENERAL UA6IUTY CG 02 0512 04 THIS ENDORSB EN f CHANGES THE PWCY. PLEASE READ IT CAREFULLY. TEXAS CHANGES -ANENDNEJff OF CANCEl1_A110N PROVISIONS OR COVERAGE CHANGE This endorsernent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART C I MIERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSICOMPLETED OPERATIONS UABILITY COVERAGE PART RAILROAD PROTECTIVE UABIUTY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to nail prior written notice of cancellation or material change to: 1. Name: Any person or organization as evidenced by a certificate of insurance issued on the company's behalf by its licensed agent. 2 Address: 3. 1 Number of daysadvange notice: 30 Infoma[ion required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 0512 04 © ISO Properties, Inc., 2003 Page 1 of 1 THIS ENMRSBU4T CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ' *III • • �• This endasement modifies insurance provided under the following: It is agreed that the provisions listed below apply only upon the entry of an 0 in the box next to the caption of such provision. A M Partnership and Joint Venture Extension N. M Construction Project General Aggregate Limits B. F_X1 Contractors Automatic Additional Insured Coverage— Ongoing Operations C. [ _X1 Automatic Waiver of Subrogation D. OX Extended Notice of Cancellation, Nonrenewal E. F_X1 Unintentional Failure to Dsdcee Hazards F. 0 Broadened Mobile Equipment G. F_X1 Personal and Advertising Injury - Contractual Coverage H. FX_1 Nonemployrnent Discrimination I. OX Liquor Liability J. FX Broadened Conditions K OX AutornaticAdditionalInsureds— Equipment Leases L FX Insured Contract Extension - Railroad Property and Construction Contracts M. [_X ] Tumkey Jobs - Coverage For Alienated Premises O. ❑X Fellow Employee Coverage P. [_X ] Property Damage Liability - Elevators Q [7] Property Damage to the Named Insured's Work R. 0 Care, Custody or Control S. f_X] Concrete Rework Labor Reimtwrsenent Coverage T. 0 Lost Ivy Coverage U. 0 Electronic Data Liability Coverage V. EX Corsdidated Insurance Program Residual Liability Coverage W ❑X Automatic Additional Insureds —Managers or Lessors of Prerrses X. FX Automatic Additional Insureds —State or Govemmental Agency or Political Subdivisions — Permits or Authorizations Y. F7X Contractors Automatic Additional Insured Coverage —Completed Operations Z QX Additional Insured — Engineers, Architects or Surveyors The following provision is added to SECTION II - WHO IS AN INSURED: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. GL-3084 (09/11) -1- is deleted and replaced with the following: Wth respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of'your work' on behalf of any partnership orjolnt venture not shown as a Named Insured in the Declarations, provided no other sirrilar liability insurance is available to you for'your work' in connection with your interest in such partnership orjolnt venture. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury' "property damage" or "personal and advertising injury" caused, in Mole or in part, W. 1. Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the prcject(s) designated in the written oomract. Wth respect to the insurance afforded to these addtional insureds, the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been oorpleted; or 2 That portion of 'your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. BA Wth respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item & of SECTION IV - COUNERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced Wth the following: a If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them b. If required by a written contract executed prior to loss, vwe waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of'your work' for that person or organization. GL-3084 (09/11) -2- D. B(Tl34DEDN0710E0FCANCELLATION,NONEEWAL Item A2 b. of the COMMON POLICY CONDITIONS , is deleted and replaced with the following: A2b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced With the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenewas prescribed in a above, it is agreed that you may extend the period of this policy for a maDdmum additional sixty(60) days from its scheduled Expiration date. Where not otherwse prohibited by law, the epsting terns, conditions and rates will remain in effect during that extension period. It is further geed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. E UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not dery coverage under this Coverage Form because of such failure. Item 12b. of SECTION V- DEFIN11ONS , is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you am, rent or occupy. G. PERSONAL AND ADVERTISING INJURY -CONTRACTUAL COVERAGE Exclusion 2e. of SECTION I, COVERAGE B is deleted. muk"*,.=did'[*M =N K7i`'I�I�NYI[�:� Unless "personal and advertising injury' is excluded from this policy: Item 14 of SECTION V- DEFINITIONS , is amended to include: "Personal. advertising also means embarrassmentor humiliation,or • • distress, physical illness,physical irnpairment,loss of earning capacity or • -loss,• 5 mused by"discrimination." SECTION V - DERNTIONS , is amended to include: "Dscrimination" means thre unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3084 (09/11) -3- Item 2 Exclusions of SECTION I, COVERAGE B , is amended to include: "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the past employment, emnployment or prospective employment of any person or class of persons by arty insured. "Personal and advertising injury' arising out of "dsairrnation" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" IvnoWedge or consent. "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." I. LIQUOR LIABILITY Exclusion 2.a of SECTION I, COVERAGE A , is deleted. ��rA-. Items 2.a and 2b. of SECTION IV - COMMERCIAL GENERAL LIABILITY C"TIONS, are deleted and replaced with the following: 2 Duties In The Event Of Occurrence, Offense, Claim Or Suit: a You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "oocurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the bocurrence" or offense. b. If a daim is made or "suit" is brought against any insured, you must: (1) Record the specifics of the claim or "suft" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "en-ooyee" you designate to give us such notice learns of the claims or "suit." Item 2e is added to SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS 2e. If you report an "occurrence" to your workers compensation insurer which develops into a liability clam for which coverage is provided by the Coverage Form, failure to report such bocurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2a, 2.b., and 2.C. However, you shall give written notice of this "ooarrrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim K AUTOMATIC ADDITIONAL INSUREDS- EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, at least in part, by GL-3084 (09111) -4 your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bally injury' or "property darnage" occurring after you cease leasing the equipment. 2 "Bodily injury' or "property damage" arising out of the sole negligence of the additional insured. 3. "Property damage" to: a Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exerdsing physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, access, contingent or on ary other basis, unless the w itten contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-oontributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. Item 9. of SECTION V- DEFlNTIONS , is deleted and replaced with the following. 9. "Insured Contract" means: a A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract' b. A sidetrack agreement; a My easement or license agreement; d M obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a m nidpality; a M elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under Mich you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, neaps, shop drawings, opinions, repots, surveys, field orders, change orders or drawings and spedfications; or (b) Giving directions or instructions, or falling to give them, if that is the primary cause of the injury or damage; or GL-3084 (O99/11) -5- (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, inducing those listed in (1) above and supervisory, inspection, architectural or engineering activities. M TURNIEYJOBS- COVERAGE FOR ALIENATED PREMSES It is agreed that: Exclusion 2.j.(2) of SECTION I, COVERAGE A, does not apply if the prerrses are'your work' and were not occupied, rented or held for rental by you for more than 12 months after co npletion. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMTS This rnodfles SECTION III - LIMTS OF INSURANCE . 1. A separate Construction Project General Aggregate Unit applies to each construction project, and that limit is equal to the amount of the General Aggregate Lint shown in the Declarations. 2 The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a Insureds; b. Claims made or "suits" brought; or a Persons or organizations malting claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medcal expenses shall reduce the Construction Project General Aggregate Umit for that construction project. Such payments shall not reduce the General Aggregate Umit sham in the Declarations nor shall they reduce any other Construction Project General Aggregate Umit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Ivledical Expense continue to apply. However, instead of being subject to the General Aggregate Unit shown in the Declarations, such lirrits will be subject to the applicable Construction Project General Aggregate Unit. • • r, ••- • -•• •••• •••-.i• ,i •-•• i• ••-• 41 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Unit or the Products - Completed Operations Aggregate Unit, whichever is applicable; and 2 Such payments shall not reduce any Construction Project General Aggregate Unit. GL-3084 (O9111) -6- C. Payments for damages because of "bodily injury' or "property damage' included in the "products- corrpleted operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2e. "Bocilyinjury'to (1) An "ernployee" of the insured arising out of and in the course of: (a) Errployrrnent by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured maybe liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who mast pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or orrissien of a co -"employee" While that oo-"erployee" is either in the course of his or her employment or perfoming duties related to the conduct of your business. Item 2a(1)(a) of SECTION II - WHO IS AN INSURED , is deleted and replaced with the following: 2a(i)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a lirrted liability company), or to your 'Volunteer vwrkers" while perforrring duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY- ELEVATORS "Property damage" Itability is changed as follows: 1. Exclusions 2j.(3) and 2j.(4) of SECTION I, COVERAGE A , do not apply to the use of elevators. 2 The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereofl available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed acoordingly. GL-3084 (09/11) -7- Q PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I, COVERAGE A is deleted and replaced with the following: Damage to Your Work • ••- •. :•- • • • • M or or •. • • . •u • •• .3 ag*eted operation hazard." This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises wes performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Exclusion 2j.4 of SECTION I, COVERAGE A is deleted and replaced with the following: 2jA Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in access of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing Mere there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - LIMTS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurenoe" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "ocaurence," claims or "suit" apply irrespective of the application of the deductible amount. M may pay any part or all of the deductible amount to effect settlement of any claim or "suit" aril, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. �•T�r�'I •'I :•' 'i7 'ti7 7 •• As it applies to this coverage, SECTION I - COVERAGE A is amended as follows: Insuring Agreement, is deleted and replaced by the following: Vk will reimburse you for your direct labor expense associated with your "concrete rework' which was performed by you during the policy period due to the original "concrete product' failing to meet contractual specifications as ordered for the job or accepted industry standards for its specific GL-3084 (09/11) -8- intended use, verified by testing by an ASTM (American Society of Testing & Materials) accredited independent testing agency. 2 Exclusions, is deleted and replaced by the following: The insurance provided by this endorsement does not apply to: a "Cosmetic Defects" b. Loss of use a Changes to the "concrete product" contractual specifications not admoWedged by the named insured in writing prior to the beginning of thejob d "Loss" arising from the "subsidence" of land e. "loss" arising from work performed on your behalf by a subcontractor, except for the supply of the "concrete product" f. Cost of materials used in the installation of the "concrete product" or "concrete rework" g Damages or "loss" that is covered by a Properly or Inland Marine coverage form for your financial interest in your project and stmctures h, "Loss" unless the "concrete rework' is completed within one year from the completion of the original "concrete product" installation performed by you i. "Lass" caused by the failure to order the "concrete product" as required: a In the contractual specifications; or b. E, accepted industry standards for its specific intended use j. "Lass" expected or intended from the standpoint of the insured k "Concrete product" supplied by you SECTION III - LIMTS OF INSURANCE is amended to include the following: 1. The Limits of Insurance as shown and the rules below fix the most we wall pay regardess of the number of a Insureds covered under this insurance; b. "Concrete rework' projects to which this insurance applies. "Concrete Rework' Project Lint $50,000 "Concrete Rework' Policy Aggregate Limits $50,000 "Concrete Rework' Deductible $ 1,000 2 The "Concrete Rework' Project Limit sham above is the most we will reimburse you for your dreg labor expense arising out of any single "concrete rework' project. 3. Subject to 2. above, the "Concrete Rework' Policy Aggregate limit shown above is the most we will reimburse you for your direct labor expenses for the sum of all "concrete rework' projects. GL-3084 (O9/11) -9- 4. The "Concrete Rework' Project Limit and the "Concrete Rewwrk' Policy Aggregate Lirrts shall be included within and not be in addition to the General Aggregate Limit or the Products -Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in SECTION III - LIMTS OF INSURANCE . 5. Our obligation to reimburse you applies only to the amount of your direct labor expense in excess of the "Concrete Rewo' Dedu rkctible stated above. This deductible shall apply separately to each "concrete rework' project. The Limits of Insurance of this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with either the beginning of the policy period shown in the Declarations, or the effective date of the endorsement, whichever is less. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the preceding period for purposes of deters fining the Limits of Insurance. SECTION IV- OONNEACIAL GENERAL LIABILITY CONDITIONS is amended as follows: Item 2 Duties in The Event Of Occurrence, Offense, Claim Or Suit is deleted and replaced by the following: 2 Duties in The Event Of Occurrence, Offense, Claim Or Suit a You must see to it that m are notified prior to competing the "concrete rework' which may result in labor reimbursement. Notice should include: (1) How, when and where the incident took pace; (2) The names and addresses of any witnesses, and (3) The estimated labor expense for the "concrete rework' b. You must promptly take all steps to minimize the expenses involved. a You mast cooperate with us and upon request, assist in enforcing any right of contribution or inderrruty against any person or organization. d You must provide us with proof of loss and any other required documents within 60 days of our request. You must also permit us to examine and copy any of your books and records at any reasonable time. You, your "errployees" and your agents must, if we require you to, submit to examination under oath at such times as may be required, and sign a copy of the examination. a No insureds will, except at their ow cost, assume any obligation, or incur any epense without esw2tt SECTION V - DEFINITIONS is amended to add the following: "Concrete rework' nxens the alteration, repair, removal or replacement of a "concrete product" "Concrete product" means arty product you directly install consisting of concrete, cement, sand, mortar mix or related materials "Cosmetic defects" means a superficial or surface defect that does not affect the structural integrity of the "concrete product" "Loss" means your direct labor expense associated with a "concrete rework' project "Subsidence" means earth movement, inducing but not Ifrrited to: a Landslide; GL-3084 (09/11) -10- b. Mid floe, c. EarthsinNng; d. Earth rising; e. Cdlapse or movement of fill; f. Improper compaction; g. Earth settling, slipping, falling away, caving in, eroding, tilting or shifting; h. Earthquake; or I. Any other movement of land or earth. T. LOST KEY COVERAGE As it applies to this coverage, SECTION I, COVERAGE A, is amended to include as follows: M will pay those sums, subject to the lints of liability and deductible stated herein, that you became legally obligated to pay as damages due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "enployces" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: 1. Actual cost of the keys; 2 Cost to adjust locks to accept new keys; or 3. Cost of new locks, if required, induding the cost of installation. Item 2 Exclusions of SECTION I, COVERAGE A , is amended to indude the following: 1. Keys owed by any insured, employees of arty insured, or anyone acting on behalf of any insured. 2 Any resulting loss of use from the loss or mysterious disappearance of keys; or 3. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insureds: .•• of .I• • •a C. Conversion; d Fraud; or a Dishonesty Exclusions 2j.(3) and 2j.(4) of SECTION I, COVERAGE A do not apply to Lost Key Coverage. SECTION III - UNTS OF INSURANCE is amended to include the follovwing: 1. The Lost Key Coverage Occurrence Lim t shower below is the most we will pay for each occurrence for damages for Lost Key Coverage provided in this endorsement. GL-3084 (CM 1) -11- I The Lost Key Coverage Policy Aggregate Limit shown below is the most we will pay for all occurrences covered by this endorsement during the policy period. Lost Key Coverage Occurrence Lint $50,000 I •�'7inl.•. a ..•- '• a :•,• a•. - u '...1 IA.l, Lost Key Coverage Deductible $ 1,000 3. The Lost Key Coverage Policy Aggregate Limit shall be included within and not be in addition to the General Aggregate Limit or the Products -Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in SECTION III - LJMTS OF INSURANCE . Our obligation under this coverage to pay damages on your behalf applies only to the amount of damages in excess of the Lost Key Coverage Deductible stated above. The deductible applies on an "occurrenoe" basis. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. U. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2p. Dechvic Data of SECTION I, COVERAGE A, is deleted and replaced with the following: 2p. Damages arising cut of the loss of, less of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. 2 The following definition is added to SECTION V— DEFINITIONS: "Electronic data' means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data prooessing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of "property Barrage" in SECTION V — DEFlNITIONS is replaced by the following: a Physical injury to tangible property, including all resulting lass of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; h Lass of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the 'occurrenoe' that caused it; or a Lass of, loss of use of, damage to, corruption of, inability to aooess, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. •• .• ra• � r -• •, err •• With respect to "bodily injury', "property damage", or 'personal and advertising injury' arising out of your ongoing operations; or operations included within the "products-axnpleted operations hazard', the policy to GL-3084 (09/11) -12- which this coverage is attached shall apply as excess insurance over coverage available to'yod' under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by thus endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V— Definitions "Residential project" means any project 4iere 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (inducing pods, hot tubs, detached garages, guest houses or any sin lar structures). A "residential project' does not include military owned housing, college/university owned housing or donritories, long term care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. SECTION II — WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1 Any "oocumanod' which takes place after you cease to be a tenant in that premises. 2 Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-oontributory. But Wth respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. X AUTOMATIC ADDITIONAL INSUREDS - STATE OR GOVERNWWAL AGENCY OR POLITICAL SUBDIVISIONS— PERMTS OR AUTHOPoZATIONS SECTION II — WHO IS AN INSl1RED is amended to include any state or govemmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only wth respect to operations performed by you or on your behalf for which the state or go✓emmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: a "Bodily injury', "property damage+' or "personal and advertising injury' arising out of operations performed for the federal govemment, state or municipality; or b. "Bodily injury' or "property damage" included within the "products -completed operations hazard' GL-3084 (09/11) -13- This insurance is excess of all other insurance avallade to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. •• ••ti • • �• • • •• •• • •• • . SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for competed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, d in the "product too rle project o designated ti atedons ihazthe d : �md, perform for that additional insured and inclu This insurance is access of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Nam Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. •• • . o c •. •F• a I 151 Rc,• ••. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in wende or in part, by- 1 . Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations perform by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exdusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve reaps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2 Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance well be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3084 (09111) -14- PCUCY NUMBER CAP 3 669 635 It is hereby understood and agreed that in the event of cancellation, termination other than normal expiration, or material change in the policy, a 30 day advance written notice will be given to: ANY PERSON OR ORGANIZATION AS EVIDENCED BY A CERTIFICATE OF INSURANCE ISSUED ON THE COMPANY'S BEHALF BY ITS LICENSED AGENT. EXCEPTION: Cancellation by the insured or cancellation for non-payment of premium. GDX-2287-ON (01/93) POHCYNUMBER CAP 3 669 635 COMMERCIAL ALTO CA04441013 THIS ENDORSEIVVENT CHANGES THE POLICY. PLEASE READ ff CAREFULLY. WAVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSI NESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM 1Mth respect to coverage provrided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsetren�t Effective Date: SCHEDULE Names) Of Person(s) Or OrgaNzation(s): "Any person or organization for whom the named insured is operating under written contract when such contract requires a waiver of subrogation." The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 441013 © Insurance Services Office, Inc., 2011 Pagel of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The Transfer of Rights of Recovery Against Others to Us Condition 16. of SECTION V is amended by the addition of the following: If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. CUP 03 13 01 07 PCIJCY NUMBER: WC 3 669 636 C "ES It is hereby understood and agreed that in the event of cancellation, termination other than normal expiration, or material change in the policy, a 30 day advance written notice will be given to: ANY PERSON OR ORGANIZATION AS EVIDENCED BY A CERTIFICATE OF INSRUANCE ISSUED ON THE COMPANY'S BEHALF BY IT'S LICENSED AGENT. EXCEPTION: Cancellation by the insured or cancellation for non-payment of premium. GOX-22B7-CN (01/93) •• / •ti M• '7 �• • • •ti .1I 2 M '• I IIYMIt 1 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 Wth respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is sham in the Schedule. Schedule ( ) Specific Waiver Name of person or organization ( X ) I Waiver Any person or organization for whom the Named Insured has agreed by xWtten contract to furnish this waiver. 3. Premium: Incl. The premium charge for this endorsement shall be VRS percent of the premium developed on payroll in connection with worts performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Incl. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherWse stated. (711e information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by WC420304B (Ed. fi14) Copyright 2014 National Council on Conpensation Insurance, Inc. Al Fights Deserved. Bond No. PB03228302387 PERFORMANCEBOND THE STATE OF TEXAS § THE COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: THAT WE, Denco CS Corporation as Principal (also referred to as "Contractor") and the other subscriber hereto Philadelphia Indemnity Insurance company . as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of Colleyville, Texas ("City'), in the sum of -- Dollars ($ z33, 926.85 ) Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. This Bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract Price, but in uo event shall a change order or supplemental agreement which reduces the Contract Price decrease the sum of this Bond. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain Contractor Agreement ("Contract") forthe Colleyville Webb House Renovation Project ("Project") with the City of Colleyville, Texas, dated the 22nd day of January 2019; said Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform its Work pursuant to the Agreement's terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Agreement Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this Bond, then this obligation shall become null and void and shall have no further force and effect: otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve City or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having filly considered Contractor's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance ofthe Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that City shall retain certain amounts due the Contractor until the expiration of thirty (30) days from the acceptance of the Work is intended for City's benefit, and City shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is fiirther expressly agreed by Surety that City or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Agreement Documents and in the Work to be done thereunder, a provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this Bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless City from any liability, loss, cost, expense, or damage arising out of or in connection with the work City of Colleyville Contractor Perrormance Bond - Pagc 1 of 2 Bond No. PB03228302387 done by the Contractor under the Contract. In the event that City shall bring any suitor other proceeding at law on the Contract or this Bond or both, the Contractor and Surety agree to pay to City the actual amounts of attorneys' fees incurred by City in connection with such suit. This Bond and all obligations created hereunder shall be performable in Tarrant County, Texas. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in City of Colleyville to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of TEXAS. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Performance Bond instrument this 22ndday-of January, 2019 Denco CS Corporation Principal J� By AJX=4� Title V-P Address 5525 Lyons Road Garland, Texas 75043 The name and address of the Resident Agent of Surety is: William D. Baldwin 5930 Preston View Blvd, Suite 200 Dallas, Texas 75240 Philadelphia Indemnity Insurance Company Surety Buf/` City of Colley ille Contractor Performance Bond - Page 2 of 2 rock Baldwin Attornev-in-Fact One Bala Plaza East, Suite 100 Bala Cynwyd, PA 4-1403 Bond No. PB03228302387 PAYMENTBOND THE STATE OF TEXAS THE COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: THAT WE, Denco CS Corporation , as Principal (also referred to as "Contractor") and the other subscriber hereto Philadelphia Indemnity Insurance company as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of Colleyville, Texas ("City"), in the sum of _- Dollars ($ 233, 926.85 Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. This Bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract Price, but in no event shall a change order or supplemental agreement which reduces the Contract Price decrease the sum of this Bond. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain Contractor Agreement (`Contract") for the Colleyville Webb House Renovation Project ("Project") with the City of Colleyville, Texas, dated the 22nd day of Januay 2019; said Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition ofthisobligationissuch, thatthcBond guarantees the prompt payment and satisfaction of all bills, invoices and statements, including those for usual extras, together with protection of all claims of claimants supplying labor and material -the�vlorkprovided for insaid contract end for the use of each claimant. Should the Principal faithfully perform said contract and in all respects duly and faithfully observe and perform, all and singular the covenants, conditions, end agreements in and by said contract agreed to by the Principal and according to the true intent and meaning of said contract and the claims and specifications hereto annexed, then this obligation shall be void; otherwise, this obligation shall remain in full force and effect This Bondis executed pursuant to the provisions of Section 2253.021 ofthe TexasGovemment Code, as amended. for a public work contracts, and Section 53.201 of the Property Code, and all liabilities on this Bond shall be subject to and in accordance with the provisions of said Articles to the same extent as ifthey were filly copied at length herein. Surety, for value received, stipulates and agrees that the Bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the contract price with or without notice to the Surety and that no change, extension of time, alteration or addition to the terms of the contract. or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall many way affect its obligation of this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in City of Colleyville to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of TEXAS. Signature page to follow City of Colleyville Contractor Payment Bond - Page i of 2 uV11U IVV CUVJLLVJVLJOI IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Payment Bond instrument this 22ndday of January , 2019 __ Denco CS Corporation Principal By f ILL Title \1 -P Address 5525 Lyons Road Garland, Texas 75043 The name and address of the Resident Agent of Surety is: William D. Baldwin 5930 Preston View Blvd, Suite 200 Dallas, Texas 75240 City of Colleyville Contractor Payment Bond - Page 2 of 2 Philadelphia Indemnity Insurance Company Surety ✓ By r _ B ck aldwin Attorney -in -Fact Address One Bala Plaza East, Suite 100 Bala Cynwyd, PA 19004-14 Bond No. PB03228302387 MAINTENANCEBOND THE STATE OF TEXAS THE COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: THATWE, Denco CS Corporation,asPrincipal (also referred toas`CONTRACTOR") and the other subscriber hereto Philadelphia Indemnity Insurance Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of Colleyville, Texas ("City"), in the sum of Dollars (S z33, 926.85) which is one hundred per cent (100%) of the Contract Price of the Contract defined herein. Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract Price, but in no event shall a change order or supplemental agreement which reduces the Contract Price decrease the sum of this Bond. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, CONTRACTOR has entered into a certain Construction Services Agreement ("Contract') for the Colleyville Webb House Renovation Project ("Project') with the City of Colleyville, Texas, dated the 22nd day of January 2019; said Contract is hereby referred to and made a part hereof as fully and to the saute extent as if copied at length herein. WHEREAS, said Contract was entered into pursuant to the requirements of the CITY, and WHEREAS, in said Contract. CONTRACTOR binds itself to use of materials and methods of construction such that all improvements including but not limited to the completed Project will be initially completed free of perceptible defects and will remain in good repair and condition and free of perceptible defects for and during the period of two (2) years after the date of acceptance of the completed work and/or improvements by the CITY, and WHEREAS, said CONTRACTOR binds itself to construct said improvements in such a manner and obtain inspection approvals in proper sequence as are required to obtain acceptance by the CITY and to repair or reconstruct the said improvements in whole or in part at any time within said two (2) years period to such an extent as the CITY deems necessary to properly correct all defects except those which have been caused by circumstances and conditions occurring after the time of construction over which the CONTRACTOR had no control and which are other than those arising from defect of construction by the CONTRACTOR; and, WHEREAS, after the acceptance of the improvements by the CITY, said CONTRACTOR binds itself, upon receiving notice from the CITY of the need thereof to repair or reconstruct said improvements and if the CONTRACTOR fails to make the necessary corrections, within ten (10) days after being notified, the CITY may do or have done all said corrective work and shall have recovery hereon for all expenses thereby incurred. WHEREAS, under the Contract Documents it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material, work, or labor performed by said CONTRACTOR; and City of Colleyville Contractor Maintenance Brand - Page I of 3 Bond No. PB03228302387 in case the said CONTRACTOR shall fail to do so, within ten (10) days after being notified, it is agreed that the CITY may do said work and supply such materials, and charge to same against the said CONTRACTOR, AND SURETIES, on this obligation, and said CONTRACTOR AND SURETIES hereon shall be subject to the liquidated damages mentioned in said contract. NOW THEREFORE, if the said CONTRACTOR, shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of his contract to so maintain and repair said work, then these presents shall have full force and effect, and said CITY shall have and recover from said CONTRACTOR and SURETIES damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the PRINCIPAL and SURETIES hereon, and that successive recoveries may he had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner - affected from any cause during said time. It is further agreed and understood that if any legal action be filed upon this Bond, exclusive venue shall lie in Tarrant County, State of Texas. It is further agreed and understood that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the tern of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. This Bond complies with the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in City of Colleyville to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of TEXAS. Signature page to follow City of Colleyville Contractor Maintenance Bond - Page 2 of 3 Bond No. PB03228302387 IN WITNESS WHEREOF. the said Principal and Surety have signed and sealed this Maintenance Bond instrument this22°d day of January , 2019 Denco CS Corporation Principal 1, By- Y Y-L Title V -P Address5525 Lyons Road Garland, Texas 75043 The name and address of the Resident Agent of Surety is: William D. Baldwin 5930 Preston View Blvd, Suite 200 Dallas, Texas 75240 Philadelphia Indemnity Insurance Company Surety By City of Collepville Contractor Maintenance Bond - Page 3 of 3 Brdck Baldwin tornev-in-Fact One Bala Plaza East, Suite 100 Bala Cynwyd, PA 19004-1403 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-877.438-7459 You may also write Philadelphia Indemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252.3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 612.476-1771 Web: http:/Jwww.tdi.state.tx.us Email: ConsumerProtectionntdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department oflnsurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. ADVISO IMPORTANTE Para obener informacion o pare someter una queja: Usted puede liamar at numero de telefono gratis de pare informacion o pare someter una queja at: 1-877-438-7459 Listed tanbien puede escribir a Philadelphia Indemnity Insurance Company: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas pare obtener informacion acerca de companies, coberturas, derechos o quejas at: 1-800-252-3439 Puede escribir at Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http:11www.tdi.stafe.tx.us Email ConsumerProtectionOtdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una dispute concerniente a su prima o a un reclamo, dabs comunicarse con el Surety primero. Si no se resuelve la dispute, puede entonces comunicarrse con at departamento (TDI).. UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso as solo pare proposito de informacion y no se convierte en parte o condicion del documento adjunto. 17325 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA I9004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint WIWam D. Baldwin, Blaine Allen, Brent Baldwin, Brock Baldwin, Michael B. Hill, Brady K. Cox, and/or Russ Frenzel of Baldwin -Cox Agency LLC, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any tune, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER, 2017. 9•J£"V I i Y'r" �'I`1927`'pm (Seal) •'^'• Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27' day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. rM41i AL Notary Public: r .A_ua,ui�ervwupr ry EryCe4.mn'iw.e.Nn Sep. nxou Ra" residing at: (Notary Seal) My commission expires: Bala Cvnwvd. PA September 25, 2021 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27" day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimilesealof each Company this _day otZj_ , 20 J—( W ; 1927 runt O .•f)4511'Au3 fQ =' c e AMmO. Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY DENCO Construction Specialists Date: 12/19/2018 Name City of Colleyville Project Name Colleyville Webb House Renovation Project Address 100 Main Street Address 408 Shelton Dr. City Colleyville State TX ZIP City _ Colleyville, TX 76034 Phone 7otaIFT2 1,292 City Unit Description1 Lump sum General Conditions See detailed breakdown on page 2 $39.29 $ 50,764.00 1 Lump Sum UTILITIES 27'6" STORM WITH CONC HEADWALL. $2.21 $ 2,850.00 1 Lump Sum DEMOLITION SIDEWALK RESTROOMS FLOORING FENCING $12.38 $ 16,000.00 1500 SO FT Concrete $ 7.55 $ 9,750.00 1 Lump Sum SWPPP SI LT, TP, IP, CW, $1.55 $ 2,000.00 45 LF Metal Fabrication STEEL HANDRAILS $ 2.79 $ 3,600.00 289 SO FT Rough Carpentry INCLUDES STAIRS ON BOTH SIDES $ 5.06 $ 6,542.00 1 Lump sum Roof & Deck Insulation INCLUDES REMOVAL $19.20 $ 24,811.00 170 LF NEW GUTTERS INCLUDES REMOVAL $1.61 $ 2,082.50 414 SOFT FIBERCEMENT-WallPanels MATERIAL IS5.505QFT $2.88 $ 3,726.00 1 Lump Sum Sheet Metal Flashing & Trim $0.43 $ 550.00 250 SQFT SUB FLOOR $0.97 $ 1,250.00 150 SO FT PRORCELIN TILE MATERIAL IS 9.20 $1.60 $ 2,062.50 46 LF PRORCELIN TILE BASE MATERIAL IS? $ 0.50 $ 644.00 6 EACH DOOR PREP $ 0.70 $ 900.00 6 EACH WOOD DOORS $1.86 $ 2,400.00 6 EACH Door Hardware $1.74 $ 2,250.00 95 SO FT WOOD CEILING $0.88 $ 1,134.00 620 SO FT Gypsum Board $4.32 $ 5,580.00 4200 SO FT Painting & Coating $13.00 $ 16,800.00 1 Lump Sum Toilet, Bath, & Laundry Accessories $ 0.44 $ 563.00 1 Lump Sum Plumbing $6.87 $ 8,875.00 1 Lump Sum HVAC $5.38 $ 6,950.00 1 Lump Sum ELectrical $4.50 $ 5,814.00 1 Lump Sum Light Fixtures $0.93 $ 1,200.00 1 Lump Sum windowwork $0.66 $ 850.00 1 Iumpsum windowfilm $0.23 $ 300.00 1600 SO FT dirtwork/site prep $ 7.43 $ 9,600.00 540 SQFT PORCH BOARD AND EXTRA BLOCKING MATERIAL IS 5.50 SQ FT $ 4.39 $ 5,670.00 1400 SO FT LANDSCAPE MULCH & SOD & EDGING $5.42 $ 7,000.00 1 Lump Sum ALLOWANCE $ 3,000.00 1 LUMPSUM ALTNl BREAKDOWN PG $ 4,000.00 Subtotal Contractors Overhead and Fee Tax Exempt Ins @ 3% $ 209,518.00 $ 20,951.80 $ 3,457.05 Read What Our Clients Are Saying - Visit us online at www.DencoCS.com Total SIFTz $ 181 06 DENCO Date: 12/19/2018 Construction Specialists General Conditions: - 5525 Lyons Road Garland, TX r• r•972.226.0165 EMMA Name City of Colleyville Project Name cw:yan. w:eexass x..owx�no)m Address 100 Main Street _ Address 408 Shelton Dr. City Colleyville State TX ZIP 0 City Colleyville, TX 76034 Phone 0 Total FT 942 DescriptionMY Unit 13 week Project Manager $ 5,200.00 13 Week Project Administrator _ $ 3,900.00 13 Week Project Superintendent _ $ 10,400.00 1 Lump sum Office Trailer and Set-up $ - 13 week Office Trailer Rental _ $ - Week 20' Storage Trailer _ $ - 10 Week 40' Storage Trailer _ $ 550.00 1200 Linear Foot Temporary Fencing and Signage $ 7,200.00 13 Week Portable Toilet $ 585.00 Week Security Personnel $ - Week Security Closed -Circuit TV / Lighting $ - 1 Lump Sum Survey and Site Layout $ 3,200.00 Lump Sum Temporary Protection $ - LumpSum Testing $ - 1 Lump Sum Small Tools and Miscellaneous Expense $ 85.00 5 Week Rental Equipment $ 1,125.00 1 Lump Sum Office Supplies $ 85.00 1 Lump Sum Printing $ 250.00 1 Lump sum Postage / Shipping / Courier $ 250.00 1 Lump sum Job Safety / First Aid / Medical Supplies $ 60.00 Week Job Safety Supervision $ _- Month Temporary Water $ - 0 Month Temporary Power $ - 13 Week Temporary Phone $ 975.00 13 Week Temporary Data $ 715.00 8 Each Dumpster Fees $ 3,600.00 250 Hour Miscellaneous Labor/ Clean-up $ 3,125.00 Square Foot Final Clean and Make Ready $ 1,177.50 Lump Sum JobSignage $ 450.00 Lump Sum Builder's Risk Insurance $ - F1942 Lump Sum Photos $ 60.00 Week Truck and Gas Allowance $ 715.00 Month Travel Reimbursement $ - Month Accommodations $ - Week Meals / Per Diems $ - Square Foot Architectural Fees By Owner $ - Square Foot Engineering Fees By Owner $ - LumpSum Permits By owner $ - Lump Sum Insurance Included $ - 1 Lumpsum Labor Burden $ 7,056.50 Lump sum Landlord Required Fees $ - Read What Our Clients Are Saying - Visit us online at www.DencoCS.com Subtotal GRAND TOTAL Total $/FT ' 50,764.00 ;�.Iyfj., $ r r 53.89