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HomeMy WebLinkAboutRes 17-01 Authorzing the Town Manager to enter into an agreement with Green Scaping Outdoor Learning Stations TOWN OF WESTLAKE RESOLUTION NO. 17-01 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH C. GREEN SCAPING LP TO COMPLETE PHASE I OF THE OUTDOOR LEARNING STATIONS WHICH INCLUDES THE VEGETABLE GARDEN STATION AND SIDEWALKS, AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, Phase I of the outdoor learning station includes a vegetable garden, sidewalks and site work for Phase II which is designed for grades K-12; and, WHEREAS the vegetable garden will give the Westlake Academy facility members the tools to enhance the outdoor learning experience; and, WHEREAS, having received bids and properly evaluated said bids as required by state law, the Town Council accepts the bid from C. Green Scaping LP and reject all other bids for the Outdoor Learning Stations; and WHEREAS, the Town Council finds that the passage of this resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council hereby accepts the bid of C. Green Scaping LP and rejects all other bids to complete Phase I of the outdoor learning stations which includes the vegetable garden station and sidewalks and authorize Town Manager to make funding changes not to exceed $25,000.00 on this project., attached as Exhibit "A': SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-01 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 91'' DAY OF JANURARY 2017. ATTEST: .. Laura L. Wheat, Mayor [p/ T,Jri, .11-n Kelly< dwar._ , Town Secretary Thomas E. Brymer, T n Manager �� \+ESr4 q� APPROVED S TO F ' ©. L Ston Lo w o 'ttorney Za Resolution 17-01 Page 2 of 2 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the 9 day of Janurary in the year 2017, by and between the Town of Westlake, Texas (hereinafter called OWNER) and C. Green Scaping L.P. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be done as covered by these contracts and specifications consists of the furnishing of all labor, materials, equipment, and incidentals for the Outdoor Learning Stations which includes two stations: (1) Vegetable Garden (approximately 2,437 sq. ft.), and (2) Interactive math and Science plaza (approximately 1,912 sq. ft.), and (3) connecting sidewalks (approximately 325 LF ) the project also oversees the installation of benches, storage boxes, planter boxes, irrigation system, erosion control, tree protection fencing and retaining walls. All final as-build drawings,manufacture and warranty information must be provided in a two ring notebook and CD/flash drive. Article 2. CONTRACT TIME. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (90) working days as provided in the General Conditions. Article 3. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Resolution 17-01 Page 1 of 3 Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations. 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be deemed necessary. 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 7. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: • Notice to Bidders consisting. • Instructions to Bidders. • Proposal. • This Agreement. • Pre-bid Bond, Performance Bond, Payment and Maintenance Bonds • General Conditions. • General Requirements. • Set of Plans. There are no Contract Documents other than those listed above in this Article 7. Resolution 17-01 Page 2 of 3 Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 9. MISCELLANEOUS. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the day of Ja,,nt tar C , 2017. OWNER: CONT ,CTOR~ By: y: Laura Wheat, Mayor C. Green S ing, L.P. ATTEST: 4- i t_.l_i �'�.Ir: <�. C_. ;O� E' r�� ST: %c2 �J�- c'�,n Kelly Edwards Tdwn Secreta s a 1 Address for giving notices: T = 1301 Solona Blvd, Building 4, Suite 4202, Texas 76262. (If OWNER is a public body, attach resolution authorizing execution of Agreement.) (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) Resolution 17-01 Page 3 of 3 PERFORMANCE BOND BOND No. 022036939 STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That C.Green Scaping,LP (contractor's company) of the Town of Ft. Worth County of Tarrant , and the State of Texas, as principal and Liberty Mutual Insurance Company (surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bond unto Town of Westlake, Texas (Owner), in the penal sum of one hundred thousand seven hundred twenty four Dollars ($ 100,724.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 9th day of January 2019, to Town of Westlake/Westlake Academy Phase I Expansion which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect: "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees 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 in any way 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 to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of January 201$. Princ' I Suret p By Title -V�Qr I ---,-a4 Address 320 Eagle Drive, Ste. 210 Denton, TX 76201 The name and address of the Resident Agent of Surety is: Wilbert Raymond Watson 5057 Keller Sarings Rd. Ste. 400 Addison, TX 75001 VISA Outdoor Space 2017 Page 18 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate NO.7398426 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King;Jeff P.King;Kylie Kelsoe; Rachyl Mullins all of the city of Denton ,state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of June 2016 ap10 CgSG Ov INS 0tisufr hwsuq American Fire and Casualty Company I4.`,pp'r0:(,�RGH�� T P.OPP02�T�'92C` JJL.;,f`MRq�uIVCE` W�P' t'^ U) OP�C!LiP The Ohio Casualty Insurance Company m F o Liberty Mutual Insurance Company m a 1906 0 0 1919 1912 3 1991 West American Insurance Company = o d,�,K'xn.m:-,�'a.�-a a STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary ++L COUNTY OF MONTGOMERY C — O tm On this 20th day of June 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and CO wa) Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >W O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ` > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O CL m f� 5P PAST COMMONWEALTH OF PENNSYLVANIA J Q`O U .a oor+wey�! Notarial Seal � C Teresa Pastella,Notary Public By: O O ` OF Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public My Commission Expires March 28,2017 3 ca r �j. '1'S1'U1P G O gq� v� Member,Pennsylvania Association of Notaries a O d C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance U)o Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r rn c�d ARTICLE IV–OFFICERS–Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c 2 to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �+d O,� acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a> 0M executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >•Q •a the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. -ct N r ARTICLE XIII–Execution of Contracts–SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, o0 > ` and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in theiro0 Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O co Certificate of Designation–The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization–By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. `� IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this ` day of 1 l � i-f 20 �, .�tJOC,qSG 1NSU �tNSU� NWsuy Z 1906 0 0 1914 1912 ° ¢ 1991 0 By: a Gregory W.Davenport,Assistant Secretary 3 of 200 LMS 12873 122013 Bond No. 022036939 PAYMENT BOND BOND No. STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That C. Green Sca in LP (contractor's company) of the City of VVorth County of Tarrant and the State of Tex-as , as principal, and Liberty Mutual Insurance Company (surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bond unto the Town of Westlake, Texas (Owner), in the penal sum of one hundred thousand seven hundred twenty four Dollars ($ 100,724.00 )for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 9th day of January 2017, to Town of Westlake/Westlake Academy Outdoor Learning Stations which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect: "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees 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 in any way 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 to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of January 2017. C. Green Scaping, LP Liberty Mutual Insurance Company Prin7' 11 Surety„ Title: re-si en_ Title: Attorney In Fact Address: Z4D I Handle E&yvil)e L7IdAddress: 320 Eagle Drive, Ste. 210 Denton,TX 76201 F-t_ 1til��+�,, iX -1�►►8 VISA Outdoor Space 2017 Page 21 VITA Outdoor Space 2017 Page 22 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7398429 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King;Jeff P.King;Kylie Kelsoe;Rachyl Mullins all of the city of Denton state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of June 2016 CASU ��Y INS U tNSUq p,1N5Uq American Fire and Casualty Company The Ohio Casualty pan Insurance Com N Y N a 1906 0 0 1919 1912 ° a 1991 o Liberty Mutual Insurance Company C u 3' T. Co `x a West mencan Insurance Company Ny2y''`!ann�`'waD 0) * 1 * * * By. >' O STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary +_+ COUNTY OF MONTGOMERY C ca dpr On this 20th day of June 2016 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v v d Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, p 3 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. =ll l M (_ a`s > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O CL f4 P PAs COMMONWEALTH OF PENNSYLVANIA / 'O NW�TF�� Notarial Seal U \ M Teresa Pastella,Notary Publicgy; O d O ` T OF Plymouth Twp.,Montgomery County L Teresa Pastella,Notary Public _ _ L ��v My Commission Expires March 28,2017 3 � 41 O y� 0 JG Member,Pennsylvania Association of Notaries O E 0.0 Any P a c This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N c air Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r c ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O r- 0) +) to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �+y O c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a> C p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. = � ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the presiden OP > 16- and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, v M O O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their O 00 Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. Io Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casually Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attomey executed by said Companies,is in full force and effect and has not been revoked. 01 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this I day of 20 . t,,p10 CAS 'I S(, ��NSbq, N1NSUq e 1906 p 0 dyP`c'ro'ti1919xvn`r-WS ��S�SnpvtHui;2 1991 W'crWr�lc�'a By: Gregory W.Davenport,Assistant Secretary i�l �i ,•:t;iat;^ T 6 of 200 LMS 12873 122013 Libel" �� 1 Interchange Corporate Center �qt 1 V l tudI-: 450 Plymouth Road,Suite 400 SURETY Plymouth Meeting,PA 19462-1644 Ph.(610)832-8240 CHANGE RIDER To be attached to and form a part of surety bond number 022036939 dated the 9th day of January , 2017 , issued by Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the"Surety"), on behalf of C. Green Scaping, LP as principal (the"Principal'), in favor of Town of Westlake, Texas as obligee(the"Obligee"). The Principal and the Surety hereby consent to changing the attached bond as follows: The bond number is hereby amended to read: 022057014 This change is effective 9th day of January 120 17 The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. IN WITNESS WHEREOF, said Principal and Surety have caused these presents to be duly signed and sealed this 9th day of January _ 20 17 WITNESS/ATTEST: C. Green Scaping, LP (Pri -pal) By: (Seal) Title: � Title: LIBERTYMUTUAL I SURA CE COMPANY ( r y) B (Seal) A rney-in- act ACCEPTED: Rachyl Mullins (Obligee) By: (Seal) Name: Title: Date: LMIC-3000 Rev.03/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7398496 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King;Jeff P.King;Kylie Kelsoe Rachyl Mullins all of the city of Denton state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of June 2016 CASG A(INSU �1Nsuq .,wsuq American Fire and Casualty Company t:Fo9,� e P,o�°�7rG'92� j`�Pio��oR9��`y(F ����`'���e� '�� The Ohio Casualty Insurance Company N o Liberty Mutual Insurance Company m a 1906 0 0 1919 n1912 3 1991 West merican Insurance Company Cn Ny�"•finr.:1-, aaa Od,S,H'HA1.14'•"e�'aO �)1�'s1Cr+v>�r2 a:�ia�iP rn /7 •� m By: O STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary +% COUNTY OF MONTGOMERY C ca dOn this 20th day of June 2016 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v v O Casualty Company,Liberty Mutual Insurance Company,The Ohio Casually Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >No p 3 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W cflE d > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O O. f0 P PASrCOMMONWEALTH OF PENNSYLVANIA t'O 14WegF!! Notarial Seal /^ ° Teresa Paslella,NotaPublic 4� Q0cM Otv of Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public _ _ L \v My Commission Expires March 28,2017 y O 2p1NF V\C' Member,Pennsylvania Association of Notaries O 4.1�; gAly PV0 0. C co This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N c ai` Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r coo ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C t:4; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �+ O,= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a> p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t �� M r ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E , > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =co Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0� executed such instruments shall be as binding as if signed by the president and attested by the secretary. O co Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- F- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20_1_q. �NDCA,y-U �1VINS41 �,\Nso NiNsuq 4a�oNv�q„;�92C' jJP,t;;�origrV'irF _ '1ct. n a 1906 0 0 1919 1912 ° 1991 By: y a i _° y = Gregory W.Davenport,Assistant Secretary 6^yiftn!fs:'�*a1 J���"I1.51.tfsY'� D 13 of 200 LMS 12873 122013 Bond No. 022036939 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS THAT: C. Green Scaping, LP (contractor's company), as principal AND Libert Mutual Insurance�mL- (surety company), A corporation organized under the laws of Massac as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the town of Westlake, a municipal corporation, chartered ob hv�re o°u adds a iadact.Io eaislature of the state of Texas, at Westlake, Tarrant county, Texas, the sum oi"`_� ' _ `� �"��Lc ($ 100,724.00 ), for the payment of which sum will truly be made unto said Town of Westlake, and its successors, and said principal and sureties do hereby bind themselves,their assigns and successors jointly and severally. THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said C. Green Scaping, LP (contractor's company) has this day entered into a written contract with the said Town of Westlake to build and construct Civic Campus Outdoor Learning Stations which contract and the plans and specifications therein mentioned, adopted by the Town of Westlake are hereby expressly made a part thereof as though the same were written embodied herein. WHEREAS, under the plans, specifications, and contract, 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 the acceptance of said work, and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said contractor, and sureties on this obligation, and the said contractor sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of 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 not further effect, but if default shall be made by said contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said Town of Westlake shall have and recover from the said contractor and its' principal 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 be and had hereon for successive branches 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 VITA Outdoor Space 2017 Page 19 IN WITNESS THEREOF, said C.Green Scaping,LP has caused these present to be executed by its President and The said Liberty Mutual Insurance Company (name of surety company) has caused these Present to be executed by its' attorney-in-fact and said Attorney-in-fact Rachyl Mullins (name of attorney) has hereunto set this hand,this the 9th day of January _2017. PRINCIPAL: C. Green Scaping, LP —SURETY: Llbelr Mutual Insurance Company Name of Contractor's Company Name of Insurance Company C. Green Scaping, LP Liberty Mutual Insurance Company SignatureSignature L� 0&4kle to rZ . l - i�'rts l dt"+ Name of Representative—lit (Print) Name of Representative—Title (Print) Rachyl Mullins WITNESS: ATTT: >StaCy i Qe Signature_�L�L�, r� �LC�L' SECRETARY—Signature 7ff�_ Q NOTE: DATE OF MAINTENANCE BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. VITA Outdoor Space 2017 Page 20 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 73913428 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King;Jeff P.King;Kylie Kelsoe;Rachyl Mullins all of the city of Denton state of Tx each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of June 2016 American Fire and Casualty Company Qk.PoFG9 J_oP.vcNs0-9 J�t1rc4R v `c,tNSUq L rn ��T yA, The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company m a 1906 p 0 19191991 1991 C s y a West American lnsuranceCompany N * 1 * * * By' a STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary R COUNTY OF MONTGOMERY C O m On this 20th day of June 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v H r, y Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and WestAmerican Insurance Company,and that he,as such,being authorized so to do, >,W p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L d > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O CL 9P PAST COMMONWEALTH OF PENNSYLVANIA Q M 13 'N NW FIS Notarial Seal O C Teresa Paslella,Notary Public By: Kiri% � O O L of Plymouth Twp.,Montgomery County Teresa Paslella,Notary Public d L a L �v My Commission Expires March 28,2017 3 d O ?�p1.NF��G Member,Pennsylvania Association of Notaries O E C r Ry a� 2 a M This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance •0 e Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r rn tis L ARTICLE IV–OFFICERS–Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c r to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, y O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so 'Cc ar C executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >.0 the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. r CV M r ARTICLE XIII–Execution of Contracts–SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, o? > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their —ao Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by secretary. O Certificate of Designation–The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization–By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 9 day of 20 . N0 CA SG �j f INSV NSUq N1NSUq a 1906 no 0 1919 1912 ° 1991 o By: s ° � = Gregory W.Davenport,Assistant Secretary 5 of 200 LMS 12873 122013 Liberty �{� ,r Interchange Corporate Center mtl�.uA, 450 Plymouth Road,Suite 400 SURETY Plymouth Meeting,PA 19462-1644 Ph.(610)832-8240 CHANGE RIDER To be attached to and form a part of surety bond number 022036939 dated the 9th day of January , 2017 , issued by Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety(the"Surety"), on behalf of C. Green Scaping, LP as principal (the"Principal'), in favor of Town of Westlake, Texas as obligee(the"Obligee"). The Principal and the Surety hereby consent to changing the attached bond as follows: The bond number is hereby amended to read: 022057014 This change is effective 9th day of January , 20 17 The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. IN WITNESS WHEREOF, said Principal and Surety have caused these presents to be duly signed and sealed this 9th day of January _ 20 17 WITNESS/ATTEST: C. Green Scaping, LP (Priv 'pal)\ By: (Seal) Name: Title: LIBER MUTUAL INSURANCE COMPANY (S et ) By. L Jk 1,,W I J I I eal) Attornen- act ACCEPTED: Rachyl ullins (Obligee) By: (Seal) Name: Title: Date: LMIC-3000 Rev.03/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7398434 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King;Jeff P.King;Kylie Kelsoe; Rachyl Mullins all of the city of Denton state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of June 2016 j SND CASG �-tv IN56 0T4Swr hwsuq American Fire and Casualty Company � 4�v'carorWroH�� P;,o>t°2;0'92 The Ohio Casualty Insurance Company N o Liberty Mutual Insurance Company d s 1906 no o t9t9 n 1912 3 0 1991 West American Insurance Company NGL'b Y,':.ann�`'�,a�D •fls,`"'r;,v.{esr'O��D �iJ'''�snn+u. <2 <':�in�ta �' By. a STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary C t+s ++L COUNTY OF MONTGOMERY O its drn On this 20th day of June 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v .0 4) Casually Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, AW p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O C d > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O C. v+ t0 PAs,,, COMMONWEALTH OF PENNSYLVANIA V-'O Q��PoNWFg�`r Notarial Seal /�v' ) Q M C'� ti�c° t v Teresa Pastella,Notary Public By: �� /�/��^ O y of Plymouth Twp.,Montgomery County L ` Teresa Pastella,Notary Public d = L A My Commission Expires March 28,2017 3 rte+ O _VVqPUg��C Member,Pennsylvania Association of Notaries O E o � a � a This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance rn e ai,`, Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: rn L ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C 4; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, j y O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective Eai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a) p m executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > athe provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. OP 'ip = ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, , Land subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M O O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their O 00 Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O o Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- F- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true nd correct copy of the Power of Attorney executed by said i K7 Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 . P,10 CASG �ZV INSG �,7NSUq NINSU,q Q'<,,0'^o27rF^9�T yJ�oHvoq,;r<'Q92 ,�JPr u;ae;�.y;q'i� ��CP.�rs'o2yr?nom n a 1906 o 1919 > 1912 ° 1991 c By: a o ° ��1 y = Gregory W.Davenport,Assistant Secretary � 11 of 200 LMS 12873 122013 CERTIFICATE OF INTERESTED PARTIES FORM 1255 lofl Complete Nos.1-4 and 6 if there are interested parties. - OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-150999 C.Green Scaping, LP Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/05/2017 being filed. Town of Westlake Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2107-01 Westlake Academy Outdoor Learning Station Phase I Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary C&C Green Enterpises, LLC FORT WORTH,TX United States X Green,Curtis FORT WORTH,TX United States X Ruiz,Cathleen FORT WORTH,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of rjury,that the above disclosure is true and correct. ��:' STAGY GEIGENMILLER �� �� .�i�, rJetary aubrc, State of texas ,//� € �, �, My Commission Expires �'/ .�-- I March 73, 2018 _-- prized agent of contracfing business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Curtis J. Green ,this the 5 day of January 20 17 ,to certify which,witness my hand and seal of office. (fl a qeVI ix�& Stacy Geigenmiller Project Manager Signatu�of officer Iministering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-150999 C. Green Scalping, LP Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/05/2017 being filed. Town of Westlake Date Acknowledged: 01/06/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2107-01 Westlake Academy Outdoor Learning Station Phase I Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary C&C Green Enterpises, LLC FORT WORTH, TX United States X Green, Curtis FORT WORTH, TX United States X Ruiz, Cathleen FORT WORTH, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm, under penalty of perjury,that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said this the day of 20 ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277