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R-2016-061 2016-04-11 RESOLUTION NO. R2016-61 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a Reimbursement and Maintenance Agreement between the City and the Pearland Economic Development Corporation;and awarding a bid for the construction of the Pearland Parkway and Dixie Farm Road Corridor Enhancements Projects to Jerdon Enterprise, L.P. in the estimated amount of$1,058,653.53. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Reimbursement Agreement by and between the City of Pearland and the Pearland Economic Development Corporation,a copy of which is attached hereto as Exhibit "A"and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Council hereby awards the bid to Jerdon Enterprise,L.P.,in the estimated amount reflected in Exhibit "B" attached hereto. Section 4. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the Reimbursement and Maintenance Agreement,for the construction of the Pearland Parkway and Dixie Farm Road Corridor Enhancements Projects. PASSED, APPROVED and ADOPTED this the 11th day of April, A.D., 2016. TOM REID MAYOR ATTEST: �i �► Y�i NG LO 4 I G, TRM jI / Sv`• �4' .'• „ SECR ARY \ ' APP OVED AS TO FORM: "II%%%%```` DARRIN M. COKER CITY ATTORNEY Resolution No. R2016-61 Exhibit "A" REIMBURSEMENT AND MAIN I ENANCE AGREEMENT This Agreement is entered into this al day of April, 2016, by and between the CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development Corporation (hereinafter "PEDC"). WHEREAS, the PEDC is a Type B economic development corporation, created pursuant to Chapter 505 of the Texas Local Government Code, as amended; and WHEREAS, the City and PEDC desire the construction of Pearland Parkway and Dixie Farm Road Corridor Enhancements (hereinafter "Improvements"); and WHEREAS, Section 501 .103 of the Texas Local Government Code (hereinafter"Code"), in pertinent part, defines the term "project" to mean "expenditures that are found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to: (1) streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements; (2) telecommunications and Internet improvements . . ."; and WHEREAS, Section 505.303 of the Code, allows for the cost of the project to include the maintenance and operating costs of the project; and WHEREAS, the PEDC desires to fund the construction and long term maintenance of the Improvements; and WHEREAS, PEDC approved funding the Improvements at its March 31, 2016, Board of Directors' meeting, after conducting a public hearing on the project; and WHEREAS, City and PEDC desire an agreement to set forth their respective responsibilities with regard to the Improvements. WITNESSETH: NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: 1 . City shall hire a contractor to construct the Improvements shown in Exhibit "A" attached hereto. 2. City has obtained competitive line item bids in accordance with Local Government Code Chapter 252 for the construction of the Improvements. City shall review the bids and award a contract to the respondent offering the best value to the City within ninety (90) days. City reserves the right to reject any and all bids for the construction of the Improvements. PEDC must approve the bid, and any change order that exceeds 15% of the bid. Following award of the bid by City, City shall cause construction of the Improvements to commence on or before June 1 , 2016 ("Commencement Date"), and shall cause the Improvements to be completed in accordance with the plans and specifications within a reasonable period of time. 3. City shall on a timely basis submit, to the PEDC, invoices submitted to the City by the contractor selected to construct the Improvements. PEDC shall, within ten (10) days following receipt of an invoice pursuant to this section, review and approve the invoice payment for payment to the contractor constructing the Improvements. 4. The total estimated cost of the Improvements is approximately $1,362,452, and who will contract for, is as itemized in, Exhibit "B" hereto attached. PEDC shall fund an amount equal to the actual cost of the improvements, which shall be paid to City in installments or a lump sum amount. The timing and amount of the payment shall be determined at sole discretion of the City, but in no event shall the total payments exceed the actual cost of the improvements. 5. PEDC agrees to maintain the Improvements, including but not limited to the entry feature, mowing, trimming, edging, clean up and trash removal, turf and shrub fertilization, post emergent application, mulching, irrigation system maintenance, fountain maintenance, and monthly electrical use, for as long as the Improvements remain in place. 6. The initial term of this Agreement shall be for a period of twelve (12) months, commencing on the Ir day of April, 2016, and may be renewed as needed until the Improvements are substantially complete. 7. This Agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 8. No assignment by a party hereto of any rights under or interests in this agreement 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 this Agreement. 9. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 10. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is prohibitive or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11 . This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 12. To accomplish execution of this Agreement, it may be executed in multiple counterparts. 13. The Parties agree that any suit arising out of or related to this Agreement shall be filed in Brazoria County Texas. 14. All notices which are required or may be given pursuant to this Agreement shall be in writing and shall be sufficient if delivered personally or by first class mail, postage prepaid, return receipt requested, or by a nationally recognized courier, to the parties and their attorneys at the addresses set out below or such other addresses as the parties or their attorneys may hereafter notify one another: If to City: City of Pearland Attn: Clay Pearson, City Manager 3519 Liberty Drive Pearland, TX 77581 If to PEDC: Pearland Economic Development Corporation Attn: Chairman 1200 Pearland Parkway, Suite 200 Pearland, TX 77581 �I Notice delivered in accordance with the terms hereof shall be effective upon receipt. In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. PEARLAND ECONOMIC DEVELOPMENT CORPORATION a Texas non-profit corpora :n By: Rushi Patel Chair 3 CITY OF PEARLAND, a Texas municipal corporation By: ��1,. ,,y--�Y.�+ � Clay P on, .0.4a,t_k_A. L, :1._., lAv m . \ City Manager " G TTEST: ow"",,, ,O iN �• ngLog = . - y Sec ary 4 EXHIBIT A "Improvements" Z tn a Q OW , - 0^ r 2 1- W Z a = €i O — U g m U U a l i O a 1. 1 i J z // \ a f1 l �\ / x W , J i ro°e� 8 / \\,, . , ANN --,,_....., . ___,.....„.„.,,, . ,..., 'N \ le*Itt, 1 0 1 n / -„,,,,,,,,, 1- , I II , _ " g Y s ) , n i s )� 1 1 W iv l g 0 if : d is Q, O a a a m i , II i 0 <, w d ~ J/'r X ° Z m 0 2, U a " ' pg .-- .3 10 d01 p L m�° i1 y w_v (-'r ti !ill p M 4 '0 O H W I A C C. z < q O'-0 x � 0Q .2 v) u on O < a ht WV Pi \ J __H__ __-A 1.. J/J y i/ ..---.>-ce ., 3 f7 ir--.` L. j/" `" \ r_ T „ \ ' ‘—/ . \ g '-\ J iz • %f /J�I1 .� F` tt .• !";:-.1(1.,,... // • . t: >- ` f .,..Aec,. ...:.„ .1.00. ... .,. . .,... n. f E N ,.4 Z Q c \ o w T g ''t CL 2 U a b s; l d I ��urw MIS._ � �r � o ri § E0 'i7 ': 50F s VII € W � HARD R 1 3 c 4 a g S 5 t i 2 gi § i § 7-- _______, D 5 . a gx S i F, gig ?. § u EXHIBIT B Estimated Total Project Cost #1216-12 Bid Tabulation City Contracts: • Construction Estimate - $1,058,654 • CenterPoint Electrical Construction - $50,000 • Construction Contingency at 15% - $158,798 City Estimate - $1,267,452 PEDC Contracts: • Landscape Architecture & Engineering Design - $80,000 • Materials Testing Lab - $15,000 PEDC Estimate - $95,000 Total Project Estimate - $1,362,452 6 CITY OF PEARLAND TABLE OF CONTENTS CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS SECTION TITLE DIVISION 0—BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 00200 Instructions to Bidders 00300 Bid Proposal 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 One-Year Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00800 Special Conditions of Agreement 00811 Wage Scale for Engineering Construction DIVISION 1—GENERAL REQUIREMENTS Cabs' 01100 Summary of Work 01140 Contractor's Use of Premises 01200 Measurement and Payment Procedures 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01380 Construction Photographs 01420 Referenced Standards 01430 Contractor's Quality Control 01440 Inspection Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01561 Reinforced Filter Fabric Barrier 01562 Waste Material Disposal 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 TPDES Requirements 01566 Source Controls for Erosion and Sedimentation 00010-1 of 2 CITY OF PEARLAND TABLE OF CONTENTS 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment 01630 Product Options and Substitutions 01720 Field Surveying 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout DIVISION 2—GENERAL REQUIREMENTS 02511 Water Meters 02515 Water Tap and Service Line Installation 02534 PVC Pipe 05540 Tapping Sleeves &Valves TECHNICAL SPECIFICATONS 00010-2 of 2 CITY OF PEARLAND INVITATION TO PROPOSE Section 00100 INVITATION TO PROPOSE CITY OF PEARLAND, TEXAS Competitive Sealed Proposal • Electronic Sealed Competitive Proposals will be accepted for the following project, in the City's E-bid System. Electronic proposals shall be submitted through the City's web site at:https://pearland.ionwave.net. All interested Offerors are required to register as a"supplier"on the City's E-bid System at the above web address and clicking on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Submission tune and ate. However, submission of an E-Proposal requires completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes,registrants should add the codes listed below: * Building Construction Services,New(Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services,Heavy(Includes Maintenance.and Repair Services) * Construction Services, Trade(New Construction) * Signs (if applicable) For more information regarding registration instructions, see INSTRUCTIONS TO OFFERORS, Section 00200, included in the project proposal documents viewable on the web site.,Questions regarding electronic , proposals should be . directed to City Purchasing Officer at ebidsna,pearlandtx.gov. All Proposals submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Proposals shall be submitted on the form provided in the E-bid System and submitted ' electronically through this system to the City Purchasing Officer, City of Pearland, City Hall located at 3519 LibertyDrive,Pearland,Texas 77581. Electronic Proposals will be accepted until 2:00 p.m., Tuesday, March 22, 2016. All Proposals shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted proposals shall be publicly"opened" and read aloud into the public record following the closing of the acceptance period for the construction of: - Pearland Parkway&Dixie Farm Road Corridor Enhancements City of Pearland,Texas COP PN: EDC164&EDC165 PROPOSAL NO.: 1216-12 A mandatory pre-proposal conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland,Texas 77581 at 11:00 a.m. on March 8, 2016. 12-2013 00100- 1 of 4 CITY OF PEARLAND INVITATION TO PROPOSE ;J The project will entail the complete supply and installation of corridor enhancements on Pearland Parkway, from Clear Creek to the round-a-bout, and on Dixie Farm Road, approximately 700 feet west of Clear Creek, to include one monument sign on each street and associated site work and landscaping. A summary of the work includes: demolition,tree protection, traffic control, grading and drainage, concrete work, masonry work, metal vehicle control gates, electrical, signage, fountains, cleaning and painting bridge barriers and railings, irrigation, gravel, edging, soils and planting. Upon award of a contract, the successful Offeror will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to,all transmittals and material submittals,RFI's,RFC's,Change Orders, Applications for Payment and all project communications with the City,its Construction Manager and Engineer. This system has certain hardware, internet access and operation requirements that form the basis for all project communications,documentation and records for the project.For more information,see INSTRUCTIONS TO OFFERORS, Section 00200. Electronic Proposal Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: https://pearland.ionwave.net upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. City of Pearland, City Hall (281) 652-1600 Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston,TX 77092 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 350 Houston,TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W. Tidwell Building J, Suite 112 Houston,TX 77092 McGrawHill Construction—Dodge Reports 1-800-393-6343 No plan fees or deposits are required for plans and proposal documents obtained through the City's E-bid System. OFFERORS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A PROPOSAL EVEN IF PROPOSAL DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Offerors accept sole responsibility for downloading all of the required documents, plans, specifications proposal forms and addenda required for submitting a proposal. 12-2013 00100-2 of 4 CITY OFPEARLAND INVITATION TO PROPOSE (1.1.\ Each proposal must be accompanied by a Contractors Qualification Statement and the Technical Proposal (Section 00300 Part C &D). No proposal may be withdrawn or terminated for a period of sixty (60) days subsequent to the proposal opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)"shall mean calendar day(s). Performance, Payment, and Maintenance Bonds: The successful Offeror must furnish Performance, Payment and Maintenance Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent(100%) of the fmal contract price. Such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of"Treasury Department Circular No. 570",naming the City of Pearland, Texas as Obligee. Additionally, the successful Offeror shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible Offerors having submitted complete proposals will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Selection Criteria: The Contract is to be awarded based on provision of"Best Value"to the City. Within 30 days after receiving the Proposals, the City will consider and rank each proposal and Cigh\ select the Proposal that offers the best value to the City using the following criteria: 1) The Offeror's cost proposal; 2) The Contractor's Qualification Statement; 3) The Offeror's Technical Proposal; 4) The Offeror's demonstrated administrative ability' and financial resources to perform the work; 5) The qualifications and experience of the project team the Offeror firm proposes to manage the project; 6) The Offeror's demonstrated experience in constructing similar projects; 7) The Offeror's demonstrated ability to suitably schedule the project and to meet schedules on other similar projects; 8) The Offeror's past performance on other construction contracts for the City; 9) The Offeror's safety record supported by accurate and verifiable data; 10)The methodologies for the Offeror's quality assurance program; 11)The Offeror's ability to start and complete construction of the project in a timely manner; and 12)Any other relevant criteria specifically listed in the Proposal Documents. Evaluation Criteria: The evaluation criteria for all proposals are as follows: 1) Cost Proposal 40% 2) Company overview and legal structure 5% 3) Experience and qualifications of key project personnel 15% 12-2013 00100-3 of 4 CITY OF PEARLAND INVITATION TO PROPOSE 4) Experience with similar projects within past 5 years 15% 5) Proposed project schedule and demonstrated ability to meet schedules on similar projects 5% 6) Safety record 5% 7) Quality Assurance Program 10% 8) Current workload and availability to start construction 5% Upon selection of a primary Offeror, City will attempt to negotiate a contract with the most qualified Offeror. The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City may end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. The City may make such investigations as it deems necessary to determine the ability of the Offeror to perform the work, and the Offeror shall furnish the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the City that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional proposals will not be accepted. The City of Pearland reserves the right to award a contract based on its sole assessment and ranking of the above factors in its own best interests or reject any or all proposals. A proposal that has been"opened" may not be changed for the purposes of correcting an error in the proposed price. State Sales Tax: The City qualifies for exemption from State and Local Sales Tax pursuant to Section 151.311 of the Texas Tax Code for material incorporated into the project. Young Lorfing, TRMC City Secretary, City of Pearland First Publication date February 25, 2016 Second Publication date March 3, 2016 12-2013 00100-4 of 4 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS Section 00200 INSTRUCTIONS TO OFFERORS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term"the City". Both terms are synonymous and refer to the City. 1.2 The term "Offeror" means one who submits a Proposal directly to Owner, as distinct from a sub-bidder,who submits a proposal to an Offeror. The term"Successful Offeror"means, on the basis of Owner's evaluation as hereinafter provided, the Offeror submitting a proposal that represents, in the Owner's opinion, the Best Value to the City. The term "Proposal Documents" includes the Invitation to Propose, Instructions to Offerors, the Proposal (Parts A through D), and the proposed Contract Documents (including all Addenda issued prior to receipts of proposals). 1.3 The term"B-bid System" refers to the City's electronic bidding system. This is a web- based system that provides all Proposal Documents electronically to potential Offerors and forms the pathway for interested Offerors to submit proposals in response to advertisement and invitation. The term "e-bid" and/ or"electronic bid" means the Offerors' electronic proposal submitted to the Owner by way of the E-bid System. The terms "electronic bid" or"e-bid" are used inter-changeably to describe the above proposal process to submit an authorized proposal (Pmk\ to the City in response to an Invitation to Propose. 1.4 The term "Pro-Trak" means the City's web-based contract administration and construction records management system used by involved parties to administer the project. This system serves, as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Offeror at the pre-Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Proposal Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 1.7 The term "Alternate(s)" or "Add Alternate(s)" as used here interchangeably is defined as an additive work item that may be selected or rejected by the Owner based solely on the Owner's acceptance or rejection of the price proposed for this item. Alternate bid prices shall include all labor, material, equipment and overhead costs to perform the work as specified, complete in place. When selected by the Owner, the costs for an Alternate shall be added to the Base Proposal and made a part of the Contract price. 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at www.pearlandtx.gov/bids. Proposal documents can be viewed by simply selecting a specific 11-2013 00200-1 of 9 • CITY OF PEARLAND INSTRUCTIONS TO OFFERORS project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Potential Offerors MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services,New(Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services,Heavy(Includes Maintenance and Repair Services). * Construction Services,Trade(New Construction) Select the appropriate Time Zone for the Offeror's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of proposal opportunities. Downloading any project proposal data will automatically place the Offeror's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Proposal can only be submitted through this system. The form can be printed for Offeror's use,but the Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: ebids@pearlandtx.gov 3. Copies of Proposal Documents 3.1 Complete sets of "electronic" Proposal Documents are available for download to registered Offerors at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. Interested Offerors must register as a "Supplier" on this site in order to receive the Proposal Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Proposal Documents are available to download and print. 3.2 The Offeror accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Proposal Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer. 3.3 Copies of Proposal Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Propose. It is recommended that all interested Offerors, whether proposing directly to the Owner or Sub-bidders proposing to an Offeror, register as a Supplier and download the project Proposal Documents. 3.4 Complete sets of Proposal Documents must be used in preparing Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents including, but not limited to all Addenda issued prior to bid. 11-2013 00200-2 of 9 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS Clib\ 3.5 Owner and Engineer, in making copies of Proposal Documents available on the above terms,do so only for the purpose of obtaining Proposals on the Work,and do not confer a license or grant for any other use. 3.6 Proposal Documents include but may not be limited to Section 00300 Proposal—Parts A,B, C and D. 4. Examination of Contract Documents and Site 4.1 It is the responsibility of each Offeror before submitting a Proposal, to (a) examine the Proposal Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost,progress,performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost,progress,performance or furnishing of the Work, (d) study and carefully correlate Offeror's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f)to recognize and plan for use of the City's"Pro-Trak"software to administer the construction process and perform the work of the project. 4.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Offerors for review, but such reports are not part of the Contract Documents. Offeror may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 4.3 Information and data reflected in the Contract Documents with respect to underground Club utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 4.4 Before submitting a Proposal, each Offeror will, at Offeror's own expense, make or obtain any additional examinations,investigations,explorations,tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Offeror deems necessary to determine its Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 4.5 On request in advance, Owner will provide each prospective Offeror access to the site to conduct such explorations and tests as each prospective Offeror deems necessary for submission of a Proposal. Prospective Offerors shall fill all holes,clean up and restore the site to its former condition upon completion of such explorations. 4.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.7 The submission of a Proposal will constitute an incontrovertible representation by Offeror that Offeror has complied with every requirement of this Article 4, that without 11-2013 00200-3 of 9 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS exception the Proposal is premised upon performing and furnishing all of the Work required by 11 the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Offerors in the City's E-bid System. Questions received less than five(5) days prior to the date for opening of Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Proposal Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Offerors that have downloaded Proposal Documents from the City's E-bid System. 6. Bid Security 6.1 Each Proposal must be accompanied by bid security made payable to Owner in an amount of five percent(5%) of the Bidder's maximum Proposal price, in the form of a certified check, cashier's check or a Bid Bond("Bid Security"). 6.2 Offerors submitting proposals through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland,Texas 77581. 6.3 The Bid Security of the Successful Bidder will be retained until such time as Offeror has executed the Standard Form of Agreement,and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both offerors will be returned. If the Successful Offeror fails to execute and deliver the Standard Form, of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Offerors will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Offerors will be returned. 7. Contract Time 7.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Proposal form and the Standard Form of Agreement, subject to such extension of time as 11-2013 00200-4 of 9 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to "time" or"days" shall be interpreted as consecutive calendar days. 8. Liquidated Damages and Early Completion Bonus 8.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 9. Substitute or"Or-Equal" Items 9.1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or"or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer. Application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or approved equal". The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 10. Proposal Form 10.1 The Proposal form (Section 00300-Proposal—Parts A, B, C &D) is included with the Proposal Documents when downloaded. This Document must be printed and signed,as required below, and then uploaded as an Attachment to the Proposal. All E-bid Proposals must be submitted on the City's official E-bid System Proposal document. All blanks on the Proposal form must be,completed or filled in. The Offeror shall propose for all Alternates, if any. Incomplete Proposals may be cause for rejection. 10.2 Proposals by corporations must be executed in the corporate name by the president or a vice-president(or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Once executed,the document is to be uploaded as an attachment to the Proposal. 10.3 Proposals by partnerships must be executed,in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be 11-2013 00200-5 of 9 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS shown below the signature. All names must be typed or printed below the signature. Once executed,the document is to be uploaded as an attachment to the Proposal. 10.4 The Offeror shall acknowledge receipt of all Addenda (the number of which must be filled in on the Proposal form). 10.5 The address and telephone number for communications regarding the Proposal must be shown on the Proposal form. 11. Submission of Proposals 11.1 The place, date and/or time designated for opening Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Proposal Schedule shall be made by Addenda. 11.2 Electronic Proposals shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software. All Offerors utilizing this system MUST register as a potential supplier, (Offeror). E-Bids are submitted directly via the City's Web based system located at www.pearlandtx.gov/bids. Proposals submitted after the proposal date and time will be rejected. Offerors are advised to submit their proposal in advance of the closing time and allow for the electronic transfer to complete prior to the closing deadline. 12. Modification and Withdrawal of Proposals 12.1 Prior to submission,E-bid Proposals may be modified or withdrawn without prejudice. 12.2 Once submitted, Proposals may only be modified by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2' Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Proposals. 12.3 An Offeror may not modify or withdraw its Proposal by facsimile or verbal means. A withdrawn Proposal may be resubmitted prior to the designated time for opening Proposals. No proposal may be withdrawn or terminated for a period of sixty (60) days subsequent to the proposal opening date without the consent of the City of Pearland. 12.4 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Proposal, that Offeror may request to withdraw its Proposal. Thereafter,that Offeror will be disqualified from further proposing on the Project to be provided under the Contract Documents. 13. Opening of Proposals 13.1 Proposals will be opened and (unless obviously non-responsive) read aloud publicly to identify the names of the offerors and their respective cost proposals, only. An abstract of the amounts of the base Proposals and major alternates (if any) will be made available to Offerors after the opening of Proposals. Proposals, in their entirety, shall be open for public inspection after the contract is awarded,with the exception of any trade secrets or confidential information 11-2013 00200-6 of 9 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS contained therein,provided Offeror has expressly identified any specific information contained therein as being trade secrets or confidential information. 14. Proposals to Remain Subject to Acceptance 14.1 -.All Proposals will remain subject to acceptance for sixty(60) days after the day of the Proposal opening,but Owner may, in its sole discretion, release any Proposal prior to that date. 15. Award of Contract 15.1 Owner reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Offeror. Owner may reject a bid as non-responsive if: 1) Offeror improperly or illegibly completes or fails to complete all information required by the Proposal Documents; 2) Offeror fails to sign the Proposal or improperly signs the.Proposal; 3) Offeror qualifies its Proposal; 4) Offeror tardily or otherwise improperly submits its Proposal; 5) Offeror fails to submit the Contractor's Qualification Statement and Technical Proposal as required under section 3 of these Instructions to Offerors; or 6)The Proposal is otherwise non-responsive. 15.2 Best Value. The Contract is to be awarded based on provision of"Best Value" to the Owner. Within 30 days after receiving the Proposals, the Owner will consider and rank each proposal and select the Proposal that offers the best value to the Owner using the following criteria: 1) The Offeror's cost proposal; 2) The Contractor's Qualification Statement; 3) The Offeror's Technical Proposal; 4) The Offeror's demonstrated administrative ability and financial resources to perform the work; 5) The qualifications and experience of the project team the Offeror firm proposes to manage the project; 6) The Offeror's demonstrated experience in constructing similar projects; 7) The Offeror's demonstrated ability to suitably schedule the project and to meet the required schedule; 8) The Offeror's past performance on other construction contracts for the City; 9) The Offeror's safety record supported by accurate and verifiable data; 10)The methodologies for the Offeror's quality assurance program; 11)The Offeror's ability to start and complete construction of the project in a timely manner; and 12)All other relevant criteria specifically listed in the Proposal Documents. 11-2013 00200-7 of 9 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS A contract to be awarded to the Offeror providing the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Proposal format. 15.3 Offeror is required to submit for approval a full schedule of values for the project as component of contract negotiations. 15.4 Within 30 days after the date of opening the proposals, the Owner will evaluate and rank each proposal with respect to the selection criteria contained in this Competitive Sealed Proposal document. After opening and ranking, an award may be made on the basis of the proposals initially submitted,without discussion, clarification or modification, or, the Owner may discuss with the selected responder, offers for cost reduction and other elements of the responder's proposal. If the Owner determines that it is unable to reach a contract satisfactory to the Owner with the selected responder, then the Owner will terminate discussions with the selected responder and proceed to the next responder in order of selection ranking until a contract is reached or the Owner has rejected all proposals. 15.5 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of Offerors,proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction,within the Contract Time. 15.6 Offeror Attendance. The successful Offeror or its representative is required to attend the City Council meeting in which the contract will be considered for award. Owner will establish a ^+' schedule for the award with Offeror. 16. Contract Security 16.1 When the Successful Offeror delivers the executed Standard Form of Agreement to Owner,it must include the required Performance,Payment,Maintenance and Surface Correction Bonds(if required)by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 17. Workers' Classification 16.1 Texas Government Code§ 2155.001 authorizes a penalty of$200 per misclassified individual to be imposed on a person who contracts for certain services with a governmental entity and fails to properly classify their workers and subcontractors. This is effective January 1, 2014. 18. Signing of Agreement 18.1 When Owner gives a Notice of Intent to Award to the Successful Offeror, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten(10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There 11-2013 00200-8 of 9 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS (.1111h\ shall be no contract or agreement between Owner and the Successful Offeror until proper execution and attestation of the Standard Form of Agreement by authorized - representatives of the Owner. 19. Pre-Proposal Conference • - 19.1 Apre-proposal conference will be held as indicated inthe Invitation to Propose. - Attendance at the pre-proposal conference is MANDATORY to fulfill the prerequisite requirements for Offerors bidding directly to the Owner. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 11-2013 00200-9 of 9 • _ CITY.OFPEARLAND __PROPOSAL -- __ Section 00300 PROPOSAL Date: March_22,-2016 Proposal of _ ..Jerdon Enterprise,I.P. ,an individual proprietorship/a corporation organized and existing under the laws of the State of Texas'/a'partnership consisting of *See'attached company ownership document ,for the construction of: Pearland Parkway&Dixie Farm.Road Corridor Enhancements City.of Pearland,Texas COP P,N: EDC164 &EDC165 PROPOSAL.NO.: 1216-12 (Submitted in Electronic format) I . : To;. The Honorable Mayor and City Council of Pearland j City of Pearland 35.19 Liberty Drive Pearland,:Texas 77581 • Pursuant to the published Invitation to Propose; and Instructions to Offerors, the undersigned CR*, Offeror hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery,equipment,tools and materials,and whatever else may be necessary to.complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Pearland Parkway&Dixie Farm Road Corridor Enhancements with all related appurtenances, complete, tested, and operational, in.accordadce with the.Plans and Specifications prepared by S. Scott Slagle, RLA, with Clark Condon Associates located at 10401 Stella Link Road, Houston; Texas 77025.and primary contact being Beth Clark at 713-871-1414,for the unit prices or applicable priees:set forth in Part 13, the electronic proposal form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute•a legal and executable proposal from the • Offeror. It is.understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices, if any, shall apply as additions to or deductions from the total prices for the parts of the Work so changed: The Offeror:agrees to submit to the Owner the Contractors Qualification Statement, Part C and the Technical Proposal, Part D, including the Financial Statement of Offeror; as required by the Instructions to Offerors if requested to do so as:a condition of the-Proposal review. The Offeror binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond and Maintenance Bond,each in-the-amount of one hundred percent (100%) of the total Contract:Price, according to the forms included in the Contract Documents,for performing and completing the said work within the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. The undersigned Offeror agrees:to commence work within 10 days of the date of a written Notice to Proceed. It-is understood that the Work is to be Substantially Complete within 150(one hut Bred Offeror's initials:. _,' l?-2013 00300-Part-A 1of 2 7) CITY OF PEARLAND PROPOSAL fifty)days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on. the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500—Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts proposed in this Competitive Seal Proposal will not be withdrawn or modified for sixty(60)days following date of Proposal opening,or such longer period as may be agreed to in writing by the City of Pearland and Offeror. It is understood that in the event the Successful Offeror will enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award. Unless otherwise expressly provided herein, all references to"day(s)"shall mean calendar day(s). The Offeror acknowledges that the following Addenda have been received. The modifications to the Offeror Documents noted therein have been considered and all costs thereto are included in the Proposal prices. Addendum No.: 01 Date: 3/14/2016 Addendum No.: Date: Addendum No.: 02 Date: .3/17/2016 Addendum No.: Date: The-undersigned,as an Offeror,declares that the only person or parties interested in this proposal � as principals are those named herein;that this proposal is made,without collusion with any other I) person, firm,corporation;that he has carefully examined the form of contract, instructions to offerors,profiles, grades,specifications,and the drawings therein referred to, and has carefully examined the locations,conditions and classes of materials of the proposed work. Proposal amounts shall be shown in both words and figures. In case of discrepancy the amount shown in words shall govern. Firm Name:/ terdan Enterprise.LP. By: �O' 7 lerdo ri'lding,FUG,General Partner Title: ( eelf Gr yhowskL,Senior Vic[Pre sidi nt Address: 13403 Redtlsh Lane,Stafford,TX 77477 Phone No: 281-261-5000 ATTEST: Gaye Durbin (Seal,if Offeror is a Corporation) (Typed r Prime Nall e) L_ nat Date: March 22,2016 • END OF SECTION v Ofi'eror's initials 1 I-2013 00300'-Part -'of" (11111w C17 OFPE4RfAiVD _ PROPOSAL Section 00300 " - PROPOSAL FORM PART B - Project Name Dixie Farm Rd&-Pearland Pkwy-Gateway Sign and Landscape Improvements Contract Nainc: Jerdon Enterprise,LP,' Project No.. 114-073 - j Did No;: s1 Nni b L..;in: , ?t , Itaiti°Descci tt n - x, "UiiR� 'ua I i l►iriC: iicc " I►�Toiat SECTION!1 IASEtPEtOPOSAL b.a" r r .. >.' m: . ,, .'a CENERAL-ITEMS;� 1.00 MOBILIZATION:,(NOT TO EXCEED 3°/v OF TOTAL BID AMOUNT) . CS I 3:1,00000 :: 31,000:00 :2.00, BONDING I,S 1 14,000.00::: 14;000.00" 3.00 LANDSCAPE MAINTENANCE(90 DAYS EXTENDED MAINTENANCE) LS. 1::;. -,._3,500.00 3 500:00 4,00 CONSTRUCTION PERMIT LS 1 _100:00„ 100.00: �. . ::, SUB I OTAL GENERAL 1I'EMS 4 600 00 DIXIEI'ARM ROAD! a ?f' s.`r. _ 3. a?.. 8 .. 1.00 DEMOLITION-EXISTING BARBED WIRE FENCE&GATE.. LF _1,050._ 1-.30> 1;365,0:0.. 2,00 -:TRAFFIC CONTROL. LS , 1 :,. 20,000.00 .20,000;00': 3.00:____SWPPP' STREET AND IN!El PROTEC1ION LS 1' 5300,00 : 5,3000 0 4,00 GRADING : LS. 1 16 000.00 '16.000.00 5,00 ADJUST EXISTING INLET 'EA -1__ 650.00 650.00- :6.00 .- _PLANTER DRAINAGE LF' 56 :.21.00: 1,176:00- ' 7,00 ELECTRICAL PANELS AND"CONTROL.COMPLETE&IN PLACE LS 1: 18,000.00. .18;000:00- ' . : .8.00 [ELECTRICAL[ELECTRICALCONDUIT RUNS-I PH LE1 :SUO .-19:00- 9,500.00; : 9.00 LIGHTING COMPLETE AND IN PLACE.FOR SIGNAGE_ :: LS_ _1 - '2 250.00 2,250:00' 10.00 GATEWAY MONUMENT SIGN '- 1 .. . 113,00000 113,000,00 • I 1.00 STONE RETAINING WAILS LF: 116: 320.00 37,120.00 1.2:00 DECOMPOSED GRANITE WALK AT SIGN -_ SF 121 11.00 1,331;00 13.00 _ STEEL EDGING: : LF 50 8.00 400.00 ' `.14.00. -_RAIL.GATE'._ : _ • . . EA 1 4,500.00. 4,500.00 15.00 -TOPSOIL FILL IN STONE PLANTERS CY' 45 58,00 -2,610.00 16.00. -:TREE REMOVAL LS: . 1: 425.00 :425 00 :.. .: . : 17.00 HIGH RISE LIVE OAK=65 GAL. : : :- EA 20 875.00 17,500100" 18.00 MF.XICAN WHI"1'F OAK=65.GAL. - EA 12 .790.00 9,480.00 . 19.00 WILLOW OAK-65 GAL. EA 11. .850:00 V 9:350.04 20.00. - CEDER ELM..-45 GAL, :.. : EA • 19 ::- 550,00 10.450.00 .10;810.00. 21,00 - B[LOXI CRAPE MYRTLE:-.45 GAL. _ EA 23 470:00 . 22.00 GREEN:ASH- 45 GAL EA 4.. : 525.00 2,100.00 23.00 BUTTERFLY IRIS-3 GAL. Ee1.' ..30 3I;50;:: 945.00. 24.00 REDKNOCKOUT ROSE-.3 GAL:. .: EA". ...15.. 35.00 .. ..525.00.' 25.00 ' .PURPLE 7RA1l:ING I.ANFANA-1 GAL Eel 60 8.00 .480.00. 26.00 : FINE,:(.aRADE:&IiYDROMULCII SF _ .1:4,009. . 0.15.: 2;101 0.0 27.00 IRRIGATION WATER METER t , :LS I :3;000.00 :..3,000.00 28.00_ IRRIGATION SYSTEM COMPLETE&'IN PLACE LS '1 31,000.00' 31,000.00 , :S1113 TOTAL DIXIE FARM RD 331,367.00' PEARLANDPKWY, 100 DEMOLITION,EXISTING TREES - EA 88 280.00- 24,640,00 2.00' DEMOLITION--EXISTING GATE EA 2 470.00 940.00 :,.. 3.00 TRAFFIC.CONTROL LS 1, . .-25,000.00 25,000.00. _4,00 _SW PPP:-STREET AND.INLET PROTECTION_ LS 1 . .' 5;500.00 .5,500:00. 5,00 POWERWASHING-BRIDGE BARRIER,METAL RAIL&WALKS LS •:I 20,000.00 20;00000 , 6.00 PAINTING-BRIDGE CONCRETE BARRIER LS I 18,000.00 18,000:00 : 7,00 GRADING. I: . LS 1 :24,000.00.' -24,000.00 8.00 ....STORM INLET - FA I 3,800..00 ' 3,800.00 9 00 .-GATEWAY MONUMEN1':SIGN EA . . 1 - 113,000.00 1:13,000.00 10:00. RETr1lN1NCr,WAL1. LF 120 330.00 .: 39 600,00" 11.00 DECOMPOSED GRANITE WALK Al'SIGN SF:. 133 11;00,._ 1,463:00 12:00 CONCRLI LI?GAT WORK SI, 90 25:00 2,250.00 Offerors Initiatg 1 12013 00300•Part B • • CITY OFPEARL.i1,ND PROPOSAL 7 -- !1tam Ntririberl = -14- -:ems alteiii Data rsiitroii. ; ;, ... Udtt, t1115r Unl[Pt'i"r"`4 tT.o101" s. =. 13.00 CONCRLTF BAND _ _LF 150 . 20.00 . 3,000.01 14.00 RAIL GATE . ; - -` - LA 2 ! 4,500.00: ` 9,000.00 -- --- :-.7 15.00 - STEEL EDGING .:LF • 50 . 8:00 : 400.00 ' 16.00 TOPSOIL FILI.IN STONE.PLANTF,RS ,CY. 62. 58.00 3,596.00 • 17.00 .- PLANTER DRAINAGE . .,1,806:00.LF: :,86, Z1.00 _ - . PA. '_13 875.00--- 11;375:00 :. 18.00 _ HIGH RISE LIVE OAK-65 GAL. --.- - 19,00 -- NIEXICAN WIi[TF.OAK__65-GAL. , -` . - = EA 26 790.00 '20,540.00 20:00 -BALD CYPRESS:45 GAL . .. . EA. 8 550.00 4,400.00 21.00. WILLOW OAK-65 GAL: - = _ -: 'EA 6; .'_- 850.00 : 5,100.00:. 22.00: .. CEDER ELM-45_GAL-.. -,,EA , 27.. 550.00 14,850.00.'. 23.00 BILOXI.CRAPE MYRTLE:-45 GAI. . . EA _ 11 470:00 . 5,170.00 24.00 GREEN:ASH 45GAL . . : _' :EA'. _. 6 525:00 . :i. : .3,150.00... 25.00 ..'BUTTERFLY IRIS-3 GAL.: . ' _ _ . __ 'EA 569 _31-.00 17.639:00 • - -26.00 - RED KNOCKOUT ROSE'-3 G:AL. ' . " EA: 20: . 35`.00 , : 700.00 ' 350. -8.00 27:00 PURPLE TRAILING LAN'i ANA-1 GAL.. ,. EtC 2;800.00 : :.: 28.00 ASIAN JASMINE-LGAL . _.'EA ,1420 :.5:90.,: ` .8,378.00 ::.29.00 FINE GRADE&HYDROMULCI I - - SF 57,000 ' 0.12 : •; 6,840.00 30.00 IRRIGATION&ELECTRICAL BORE AND SLEEVE LF, 473 : 33.00 . '1:5,609.00 .. • 31.00 :IRRIGATION WATER METER'=2" . ::_ ' LS: 1. 4,500.00 4,500.011 .. 32.00' ._IRRIGATION SYSTEM COMPLETE&INSTALLED ' . LS ` ' 1. - '60,000.00 60;000.00 : 33.00 - ' ELECTRICAL PANELS AND CONTROL,COMPLETE&IN PLACE LS I 50,000,00:. 50,000.00 : 34.00 , .ELECTRICAL CONDUIT RUNS . • ' - LF. _740 . _ 18.00.. 13,320.00 : • 35.on LIGHTING COMPLETE AND IN'PLACE FOR SIGNAGE&STAR MONUMENT- - ,LS _: :I 7,020.53 7,020 53 . FLOATING FOUNTAINS WI LOW WATER CUI.OFF COMPLETE& ' ' - ' ..36.00 Ol,.ERA'fIONAL EA 2 58,10.0:00 116,200.00 :SUB-TOTAL-PEARLAND"PK WY..663,586:53: • • ?i.paAI:TERNA11 I .PEARLAND:PKWY:' r=�'.. - :' '",A_ ' ,. 1. " 4 , 1.00 EXIS11NG LAWN PERTh I7A1 ION WITHIN LIMIT OF WORI( I .LS I I 2;0 2,000.00 ' z i• (7. SL`I3'1'O'f00.00AL 2,000.00 ADD,ALTERNATE 2,:"'I'iARLANDIPKWY, :?::*"y. . . . r:, x � � i., -T.00 IWEST ROW IRRIGATION SYSTEM:COMPLETE&INSTALLED: : : 1 LS'I _1 'I 7,500.00:. ' 7,500.00 - - - SUBTOTAL' . 7,50.0.00 . . PROJECT SUBTOTAL 1.,053,053:53 I;. .../ .. _ _ .;=PROPOSAL.SUMMARY : _.. .` , • TOTAL BASE PROPOSAL 1;053,053.53 IT IS UNDERSTOOD that the City of Pearland will award the project based on Irll "otal PrupoS3i Ittqu . The C y.ot tiff " /.... • Tcrur' / thotired Signature f. ,rzybowski,,Senior Vice President. By:Jerdon Holding,LLC,:General Partner • (gash• Offeror's Initials:: `(2 11-201 3 00300•Pat 1 CITY OF PEARLAND PROPOSAL Section 00300 CONTRACTOR'S QUALIFICATION STATEMENT PART C '(Required with all Proposals). Full,exact,legal name,of firm: lerdon.Fnterprise,L.P. Date Completed: March 22,-2016 i Trade name(s)of firm: - Jerdon Enterprise,L.P.. _ Address with Zip Code: 13403 Redfish Lane,Stafford.TX 77477 A/C and Telephone: 281-261-5000. Corporation Partnership X Individual ' Construction Capabilities: General x Electrical x Irrigation _ X Landscaping x Concrete Work x Fountains X _ _ Other --x _ Signage/Metalwork x FOR CORPORATION OR LIMITED_LIABILITY COMPANY: Date of incorporation: Name of State(s)in which incorporated or organized: President: Vice President: Secretary: Treasurer: FOR PARTNERSHIP: Is the partnership: General . Limited x Association Date of organization: 5/31/2001 as a limited partnership Names:and addresses of all partners with zip codes: See attached company ownership document Use additional sheets if necessary. Offeror's initials: 11-2013 00300--Part C of 4 J. CITY OF PEARLAND PROPOSAL GENERAL INFORMATION: 70% 95-: _. Texas Percent(%)of work done by own forces No.of permanent employees Geographical limits of operation Proposed Superintendent Billy Self Number of years with company 20 years Jerdon_Enterprise,Inc.1996-2001,Jerdon Construction,Inc.1994-1996,: 30 years total_ Jerdon Construction Co.1984-1994 Texas Number of years in business If Offeror has done business under different name;please'give name and location. Has your firm ever failed to complete project or defaulted on a contract? No If so,state where and why: Has your firm ever been engaged in litigation over any contract with a Project Owner? No If so,explain. Has your firm been involved in any lawsuits in the past 5 years? No If so;explain. i! PRESENT PROJECTS: List the major construction projects your organization presently has under construction: (use separate sheet if necessary) *See attached Present Projects list PROJF.CT OWNER ARCHITECT/ CONTRACT ESTIMATED ENGINEER AMOUNT DATE OF COMPLETION 2. 3. 4. 5:6. 7. 8.9. Offeror's Initials;_' 11-2013 00300—Part C cif4 • (111"°\ CITY OF PEARLAND PROPOSAL COMPLETED PROJECTS' _ . .. -- . _ _ .., _ List the major construction projects your organization has completed in the past three years: (use separate sheet if necessary) *See:attached Completed Projects;List PROJECT OWNER R ARCHITECT/ CONTRACT ESTIMATED ENGINEER AMOUNT COMPLETION DATE 2, 3 4. 5., 7. : 8. 9. FINANCIAL CONDITION: $60,+Million _.: ' $1.20 Million. Hartford Fire Insurance Co. Bonding Capacity Per Job Maximum Aggregate Bonding Capacity Bonding Company. Marsh&McLennan'Agency_ _ 2500 City Walk Blvd.,Ste.2400.Houston.TX 77042 Bonding Company Agett Address and Zip Code Attach Statement of Financial Condition,including Contractor's latest regular dated financial statement or. balance sheet which must contain the following items` Current Assets: (cash,joint venture accounts,accounts receivable,notes receivable,accrued interest on notes;deposits,and materials and prepaid expenses),net fixed assets and other assets. Current Liabilities: (accounts payable,notes payable,accrued interest on notes,provision for income taxes,advances received from owners,;accrued salaries,accrued payroll taxes),other liabilities and capital,(capital stock,authorized and outstanding shares par values,earned surplus). Benton,Duroy&Ivey,P.C. tacteiii6t r:31;2014:Knd 2013. 14505.Torrey Chase Blvd.,.Suite 200,Houston TX 77014. Date of statement or balance.sheet Name and address with zip code of firth preparing statement Offeror's Initials: (Ilu11 . 1 t-2013 00300-Part -3 of 4 CITY OF PEARLAND _ _ PROPOSAL REFERENCES: REFERENCES(Bank and trade)with addresses,zip codes and phone numbers Prosperity Bank,14060 Southwest Freeway,Sugar Land,TX 77478 1' John Robeles,281-269-7200: Uptown Houston Development Authority,1980-Post Oak Blvd.,Ste.1580,Houston,TX 77056 2. RobertTaube 713-621-2011 Houston Downtown Management District,1119 Milam,Houston,TX 77002 3' Brent DeBord 713-223-2003 CERTWFICATLON: STATE OF ( Texas COUNTY OF. ( Fort Bend JeffCmbowski . ,being duly sworn deposes and says that he/she is the Senior-Vice President (title)of Jerdon,Enterprise,L.P. (firm's name), and that all of the answers to the foregoing questions and all statements therein contained are within his/her knowledge and are true and correct. Signed under oath before me on the 22nd day of March ,2016. ota . U it. Gaye L.Durbin seal • o k, GAYE L.DURBIN My Commission Expires: 4. August 21,2019 Offerot's initials: a 1-1-2013 • 00300—Part'C`...4of4 CITY OF PEARLAND PROPOSAL Section 00300 TECHNICAL PROPOSAL PART D A. ECONOMY OF PREPARATION. Technical Proposals should be prepared simply and economically,providing a straightforward,concise description of the Offeror's ability to meet the requirements for the proposal. Elaborate bindings,colored displays, promotional materials and so forth are not desired. Emphasis should be on completeness and clarity of content. Vague and equivocal statements will be viewed unfavorably.This section needs to be uploaded as a separate document with the proposal in E-bid as a pdf. B. CONFIDENTIALLITY. The Offeror may designate any portion of its technical proposal that contains trade secrets;or other proprietary data as confidential. If an Offeror includes data that is not to be disclosed to the public for any purpose or used by the Owner except for evaluation purposes, the Offeror shall: 1. Mark the title page of the technical proposal with the following legend: This proposal includes data that shall not be disclosed outside the City of Pearland and shall not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate this proposal. (1111 2.Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. Offerors should note that despite such restrictions, the disclosure of such restricted information may be required under applicable laws, including, without limitation, applicable freedom of information laws. C. FORMAT. Technical proposal must be organized and submitted in the eight-section format as follows: I. Offeror Firm 1.1 Organization 1.1.1 Give the legal name,address,and telephone number of Offeror firm. 1.1.2 State whether the Offeror firm is an individual, partnership, corporation,or a joint venture. If Offeror firm is a corporation, give state of incorporation. 1.1.3 Give number of years Offeror firm has been in business as a construction contractor. 1.1.4 Give number of years Offeror firm has been in business under its present business name. Offeror's Initials:ad 11-2013 00300-PartD/1 of CITY OF PEARLAND PROPOSAL 1.1.5 Give any other names under which Offeror firm has operated. 1.1.6 Provide documentation, e.g. an Affidavit, or Articles of Incorporation, Articles of Partnership and the like, establishing the number of years Offeror has been in business. Minimum number of years in business required is six years. 1.2 Claims and Suits. (if the answer to any of the questions below is yes,attach details.) 1.2.1 Has Offeror firm ever failed to complete any work it was awarded? 1.2.2 Are there any judgments,claims,arbitration proceedings or lawsuits pending or outstanding against Offeror firm or its officers? 1.2.3 Has Offeror firm filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? 1.2.4 List all projects in last five years that have gone to claim, litigation, mediation or arbitration with the owner. List outcome of litigation, mediation or arbitration. List any construction projects your firm failed to complete because of financial reasons, labor disputes, failure of your employees to perform,or any other reason. 1.2.5 Provide your Bond Rating. 1.3 Financial Status 1.3.1 Provide a letter from Offeror firm's Surety stating Offeror firm's ability to acquire bonding in the full amount of the contract. 1.3.2 Provide a photocopy of the current Dunn & Bradstreet report showing Offeror's financial rating for the Offeror firm. 1.4 References 1.4.1 Provide at least three references over the last five years from clients, project owners, Architects/Engineers, and/or Executive level personnel,with their address and telephone number. 2. Offeror's Project Team 2.1 Provide an organization chart showing the Offeror firm's key personnel positions, and lines of authority, and location staff is based out of. 2.2 Give names, qualifications, and experience of Offeror firm's key personnel Offeror's Initials:it 1 1-2013 00300—Part Of-2 of 5 y � Toi s, CITY OF PEARLAND PROPOSAL positions proposed for the project. 2.3 Provide name and copy of licenses of staff for the following four licenses: Texas Association of Nurserymen, agricultural certificate, licensed irrigator,and pest applicator. 3. Offeror's;Experience with_Other Similar Projects 3.1 Give at least three examples of Offeror firm's experience in constructing other projects similar in size, scope, complexity and value, within the last five(5) years. Provide examples as follows: Owner's Name: Project Name: Project Scope: Construction Cost at NTP and Final Completion: Construction Duration from NTP to Final Completion: Year of Completion: Location (City and State): 3.2 Give project owner and Architect/Engineer references for Offeror firm's experience in constructing same projects. Provide references as follows: (111.*\ Full Name and Title: Firm Name: Mailing address: Telephone Number: 4. Offeror's-Project Schedules for Proposed Project,and Other Similar_Projects: 4 1 Provide a-summary level`schedule for�the project indicating the Offeror == firm's proposed construction schedule:Base the schedule on calendar days, starting with the Owner's notice to proceed and end with final completion of the work. Owner is looking for 150 calendar days for substantial completion with Certificate of Occupancy. 4.2_ _ -Provide a summaryaeve.lschedule;for-each similar project given under 3.1 comparing-the Offeror firm's initial co struction schedules with the final construction schedules. Base the schedules on calendar days, starting with the Owner's notice to proceed and end with final completion of the work. If the comparison reveals a disparity between the initial and final construction schedules explain why. Explain how the schedule and work phases minimized impact to the owners while meeting deadlines. 5. Offeror's Safety Program 5.1 Give the Offeror firm's primary insurance provider as follows: Full Name: Mailing Address: Offeror's Initials: 0/Al l 1 2013 00300—Part iJ of 5 j/ CITY OF PEARLAND PROPOSAL Telephone Number: 5.2 Give the Offeror firm's Experience Modifier Rate (EMR) and Recordable Incident Rate(RIR). 5.3 Summarize the Offeror firm's safety program execution plan (1 page). 6. Offeror's Quality Assurance Program 6.1 Summarize the Offeror firm's quality assurance program. 6.1.1 List proposed major subcontractors noting their experience on projects of similar scope, complexity, and value. Provide name, address, and telephone number of project owner and Architect/Engineer for verification of experience. Include, if subcontracted and applicable, sign manufacturer and installer, concrete, electrical, pavers, irrigation and landscaping subcontractors. 6.1.2 List major suppliers proposed for the project and a letter of commitment from each supplier as to availability of materials; include suppliers for plant materials, irrigation equipment, stonework (for sign and retaining wall), concrete, pavers, and sign/metalwork. 7. Offeror's Current Workload 7.1 Summarize the Offeror firm's current workload and state the Offeror's availability to start construction of the project. D. EVALUATION CRITERIA The evaluation criteria for all proposals are as follows: Cost Proposal 40% Company overview and legal structure 5% Experience and qualifications of key project personnel 15% Experience with similar projects within past 5 years l5% Proposed project schedule and demonstrated ability to meet schedules on similar projects 5% Safety record 5% Quality Assurance Program 10% Current workload and availability to start construction 5% E. ACCEPTANCE OF EVALUATION METHODOLOGY Submission of a proposal indicates Offeror's acceptance of the evaluation technique and Offeror's recognition that some subjective judgments must be made by the Owner during the evaluation. Offeror's Initials: ii 11-2013 00300—Part �/-4 of 5 ✓ • `r CITY OF PEARLAND PROPOSAL F. QUESTIONS TO OFFERORS Offerors are requested to submit a complete answer to each of the questions listed in section C. The answers to these questions will be the basis for the Owner's evaluation of the proposal and selection of the successful Offeror. END OF SECTION C.16\ r.\ Offeror's Initials: 11 2013 00300—Part -5 of CITY OF PEARLAND STANDARD FORM OF AGREEMENT CSection 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Jerdon Enterprise,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 or reasonably inferable from the Contract Documents(hereinafter the"Work"). The Work is generally described as follows: Pearland Parkway & Dixie Farm Road Corridor Enhancements City of Pearland,Texas COP PN: EDC164 & EDC165 BID NO.: 1216-12 Article 2. ENGINEER The Work has been designed by Clark Condon Associates, Inc.Landscape Architects, 10401 Stella Link Road, Houston, Texas 77023; Beth Clark 713-871-1414, who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within one hundred fifty (150) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within one hundred eighty (180) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for 4-2015 00500- 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one thousand dollars ($1,000.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $1,058,653.53 (the"Contract Price"). The Contract Price includes the Base Bid and Addendum(s) as shown in Document 00300—Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6"Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion 4-2015 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option,may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself 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. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying)all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or Cam'` indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, 4-2015 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price,within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, • investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No.2 Agreement for Final Payment and Contractor's Sworn Release,and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through G1.04 inclusive with attachments with each sheet bearing the following general title:Pearland Parkway and Dixie Farm Road Corridor Improvements. 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 4-2015 00500-4 of 7 �` CITY OFPEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 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. 9.3 OWNER and,CON TRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried 4-2015 00500-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT (1111. out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery,misappropriation of funds, receiving payment for services not t performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 9.12 The CONTRACTOR agrees to comply with Appendix A (attached) of the City of Pearland's Title VI Nondiscrimination Plan Assurances. C 4-2015 00500-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: MLA 11, 201. OWNER: CONTRACTOR: CITY OF PEARLAND Jerdon Enterprise, L.P. By: � Title eraNsat Pe Ma4aG6R Title: Ie rzybows Senior Vice President Date: b4.11. 1 M Date: April 11,2016 By:Jerdon Holding,LLC,General Partner (Corporate Seal) ATTEST Arak_ ATTEST / e D in Address for giving notices 13403 Redfish Lane,Stafford,TX 77477 P`RL,q�Vp : 'A `c„ ..lien.ivO%�`c� Phone: 281-261-5000 Fax: 281-261-5500 Agent for service of process: END OF SECTION 4-2015 00500-7 of 7 a r _ �- Bond No.:61BCSHH3238 " • .CITY OF P$AR,LAND _ _:_. _., .... ,: ,,PERFORMANCE,$ONp.. Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENT That.. Jerdon Enterprise,L.P._ ..... of the City of Stafford ,County of Fort Bend ' and State of Texas, as principal, and Hartford Fire Insurance Company. . authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$. .1,058,653 53-.- 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,effective as of the day of , 20 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Pearland Parkway&Dixie Farm Road Corridor Enhancements City of Pearland,Texas COP PN:EDC164&EDC165 BID NO.: 1216-12 which Contract,including the Contract Documents as defined therein,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 OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work 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 Contract Documents,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 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. 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. 12/2007 00610-1 of 2 CITY OF PeARLAND PERFORMANCE BOND IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this day of !Alp r 201k. Principal: Surety: •Jerdon Enterprise,L.P. H ire In nce Company zybowsk 'harm Cava ugfi- Title: Senior Vice Presi ent Attorney-in-Fact By:JerdónBólding,LLC,General Partner Address: Address: 13403 Redfish Lane _ 19450 State Hwy 249,Ste 400 Houston,Texas 77070 Stafford,DC.77477 Telephone: 281-261-5000 _ Telephone: 832-604-8852 Fax: 281-261-5500 Fax: NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610-2 of 2 Bond No.:61BCSHH3238 CITY OF PEARLAN . PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS:That Jerdon Enterprise,L.P. _.. of the City Fort Bend of,. Stafford County of and State"of Texas, as principal, and Hartford Fire Insurance,Company ._: .....authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 1,058,653 53 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,effective as of the day of _...___.__ . 20 , (the:"Contract") to commence and complete the construction of certain improvements described as follows: Pearland Parkway&Dixie Farm Road Corridor Enhancements City of Pearland,Texas COP PN:EDC164 &EDC165 BID NO.: 1216-12 which Contract,including the Contract Documents as defined therein,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 OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or 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 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. 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. 07/2006 00611-1 of 2 CITY..OF PZWRIAND PAYMENT BOND IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this �.—day of `1" -1 ,201/. Principal: Surety: Jerdon Enterprise,L.P. H•r=re Fire Insura e Company By .NCO By. / f bows ' Sharon Ca Title: Senigr Vice.President . Title: . .__ Attorney-in-Fact 13y:Jerdon Holding, 1,C,General Partner Address: Address: 13403 Redfish Lane 19450 State Hwy 249,Ste 400 Houston,Texas 77070 Stafford,TX 77477 Telephone: 281-261-5000 Telephone: 832 604-88.52 Fax: 281 261 5500 ::. Fax: NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 00611 -2 of 2 07/2006 Bond No.:61BCSHH3238 CITY OFP, R,(,tiN.Q ONE-YEAR MAINTENANCE BAND..:: Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS:That. Jerdon Enterprise,L.P. .of the City of Stafford . . ,County of Fort.Bend " , and State of Texas, as principal, and Hartford Fire Insurance Company . authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$., 1,0.58,653.53.-.- _ , ....,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,effective as of the day of 20 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Pearland Parkway&Dixie Farm Road Corridor Enhancements City of Pearland,Texas COP PN:EDC164&EDC165 BID NO.: 1216-12 which 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 OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion,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 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. 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. 00612-1 of 2 07/2006 CITY OF PEARLAND 1 ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this day of 60 r ,2011_0. Principal: Surety: jerdon Enterprise,L.P. a d Fire I urance Company By: QX-e B 411 aron v g ef ybowslti Title: Senior Vice President Title: Attorney-in-Fact By:Jerdon 1-tolding,LLC,General Partner Address: Address: 13403 Redfish Lane 19450 State Hwy 249,Ste 400 Houston,Texas 77070 Stafford,Texas 77477 Telephone: 281-261-5000 Telephone:. 832-604-8852 Fax: 281-261-5500 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00612-2 of 2 F Direct Inquires/Cla/ms to: POWER OF ATTORNEY THE HARTFORD BOND,T-4 One Hartford Plaza Hartford,Connecticut 06166 rib's call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 61-610074&46-506987 n Hartford Flre Insurance Company,a corporation duly organized under the laws of the State of Connecticut n Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana ET Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut FT Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut f1 Twin City Fire insurance Company,a corporation duly organized under the laws of the State of Indiana n Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois I 1 Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana n Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to the amount of unlimited: Andrew J.Janda, C. W.Adams, Sue Kohler, Leland L.Rauch, Sharon Cavanaugh, Cheryl R. Colson, Michael Cole,Kurt A. Risk, James Wynne Tomforde of Houston, TX their true and lawful Attorneys)-in-Fact, each in their separate capacity If more than one is named above, to sign its name as surety(les)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on January 22,2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. rir+W rT�, 4n l��•'� Cf (`' �1-S" '.:f r 77777 ` V.. . F "r,s 7971 L w• Wesley W.Cowling,Assistant Secretary M.Ross Fisher,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known,who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ti. 1� �)11ur;a-' -• slump . KathleenT;Maynard Notary Public CERTIFICATE My Commissic .Expires July 31,2016 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of - Signed and sealed at the City of Hartford. itiovirw.. ,do ----.-,',.. r.,:.0'v:,-.. . sof,!-!"...s f,,P.,,, „,e. 'zo,, rokt, ..01"'N.,. •, . <i, .. •6, i ,..„,.i $$,;ti ! r • �� B ` lpT9 7 La !, N , s .1 - _ I90 F' v. uo • baa' .::r4A .,;r +!"r" -, r Gary W.Stumper,Assistant Vice President s to*- IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja. You may contact your agent. Puede comunicarse con su agente. You may call Hartford Insurance Group at the toll free telephone number for information or to Usted puede Ilamar al numero de telefono make a complaint at: gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 1-800-392-7805 You may also write to The Hartford: Usted tambien puede escribir a The Hartford. The Hartford The Hartford Hartford Financial Products Hartford Financial Products 2 Park Avenue, 5th Floor 2 Park Avenue, 5th Floor New York, New York 10016 New York, New York 10016 1-212-277-0400 1-212-277-0400 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at: acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax Number(512)475-1771 Fax Number (512) 475-1771 Web: htto://www.tdi.state.tx.us Web: htto://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should DISPUTAS SOBRE PRIMAS 0 RECLAMOS: you have a dispute concerning your Si tiene una disputa concerniente a su premium or about a claim you should prima o a un reclamo, debe comunicarse contact the agent first. If the dispute is not con su agente primero. Si no se resuelve la resolved, you may contact the Texas disputa, puede entonces comunicarse con Department of Insurance. el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este This notice is for your information only and es solo para proposito de informacion y no does not become a part or condition of the se convierte en parte o condicion del attached document. documento adjunto. F-4275-1,JTX4275-1 HR 42 H006 00 0807 Inquiries Regarding Claims Hartford Fire Insurance Company Twin City Insurance Company Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number 888-266-3488 Fax-Claims 860-757-5835 or 860-547-8265 E-mail claims@lstepsurety.com Mailing Address The Hartford The Hartford Fidelity&Bonding(BOND) r Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 IMPORTANT NOTICE TEXAS DIVIDEND PROVISION You will be entitled to participate in a distribution of our surplus,as determined by our Board of Directors from time to time,after approval In accordance with the provisions of the Texas Insurance Code,of 1951, as amended. Form F-XXXX-0 Printed in.U.S.A. Client#: 11257 JEREN ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 4/05/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS eilw CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _,BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Patricia Watson x 138 NAME:TA Insurepointe of Texas,Inc. (A .PHONE,EXt):IC 713 964-0022 FAX No): 713 964 0044 2909 Hillcroft Ste#600 nDORIEss: Pwatson@insurepointe.com Houston,TX 77057 INSURER(S)AFFORDING COVERAGE NAIC# 713 964-0022 INSURER A:Charter Oak Fire Ins.Company 25615 INSURED INSURER B,:Travelers Indemnity Co.of Conn 25682 Jerdon Enterprise,L.P. INSURER C:Travelers Property Casualty Co 25674 13403 Redfish Lane INSURER D:Homeland Insurance Company of N 34452 Stafford,TX 77477 INSURERE:Travelers Lloyds Insurance Comp 41262 INSURER F: COVERAGES CERTIFICATE NUMBER: 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. ILTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP/Y LIMITS (MMIDD/YYYY) (MM/DDYYY)_ A GENERAL LIABILITY DTCO1358R639C0F15 06/30/2015 06/30/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE O(Eaoccurrrence) s300,000 _ CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 _ X PD Ded:3,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X jE 0. LOC $ AUTOMOBILE LIABILITY BA1342R74615CNS 06/30/2015 06/30/2016 COMBINED NGLE LIMIT (Ea accident)SI $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) X MCS-90 $ B X UMBRELLA LIAB X OCCUR DTSMCUP5467B267TCT 06/30/2015 06/30/2016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE 15 AGGREGATE $5,000,000 DED X RETENTION$10000 $ C WORKERS COMPENSATION DTJUB1363R63715 06/30/2015 06/30/2016 X WORYTLIMITS ERH AND EMPLOYERS'LIABILITYANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Pollution Liab 7930018460001 06/30/2015 06/30/2016 $3,000,000 Ea Poll Cond E Equipment Floater QT6608173N915TLC15 06/30/2015 06/30/2016 $500,000 Rented/Leased E Installation/BDR QT6608173N915TLC 06/30/2015 06/30/2016 $2,000,000 Per Job Site DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 5381 Pearland Parkway&Dixie Farm Road Corridor Enhancements The General Liability and Automobile policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status.The General Liability, Workers Compensation and Automobile policies include a blanket automatic waiver of subrogation endorsement (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Cityof Pearland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE (lib' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3519 Liberty Drive ACCORDANCE WITH THE POLICY PROVISIONS. Pearland,TX 77581 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S339506/M330164 PAW Y } DESCR'_ IPTIONS ( �;. Continued.from Page 1� f S`{ .? .,.;a.s .' ...,..,,.', ..,.. ,. ., .'_.`_.. . ..2.... ..r r_ c_. n a.:,_ - ,,.%, . . h*. .. a. ..„U_ _ _;, -, fd.. _ o- s..._..•.i a .IK ..+,- -t _. hat provides this feature only when there is a written contract between the named insured and the rtificate holder that requires it.The General Liability,Workers Compensation and Automobile policies •-include a blanket notice of cancellation to certificate holders endorsement,providing for 30 days advance notice if the policy is cancelled by the company other than for nonpayment of premium,10 days notice after the policy is cancelled for nonpayment of premium.Notice is sent to certificate holders with mailing addresses on file with the agent or the company.The endorsement does not provide for notice of cancellation if the named insured requests cancellation.The General Liability policy includes an endorsement that contains primary and non-contributory wording.Umbrella Liability is follow form over Primary coverage. • SAGITTA 25.3(2010/05) 2 of 2 #S339506/M330164 COMMERCIAL AUTO POLICY NUMBER: ,BA1342R74615CNS ISSUE DATE: 06-30-15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE 1. Name: JERDON ENTERPRISES, LP Address: 13403 REDFISH DRIVE STAFFORD TX 77477 • 2. Number of Days Notice: 30 • (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) PROVISIONS We will mail notice of cancellation or material limitation of these coverage forms to the person or organization shown above. We will mail the notice at least the Number of Days indicated above before the effective date of our action. • CA T3 25 02 99 Page 1 of 1 • POLICY NUMBER: BA1342R74615CNS COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS—INCREASED L NOTICE AND KNOWLEDGE OF ACCIDENT OMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1.,Who Is "property damage" occurs and that is in effect An Insured, of SECTION Il — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age,but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. II. Coverage under this provision is afforded only un C. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1_ The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured"while Who Is An Insured, of SECTION II—LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing .Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and Hess. that person or organization, that is signed and • CA T3 53 0310 ©2010 The Travelers indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO • . 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b_ For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age,the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered"autos"you own: any of your"employees", partners (if you are (1) Any covered "auto" you lease, hire, a partnership), members (if you are a limited liability company) or members of their house- rent or borrow;and holds. (2) Any covered"auto" hired or rented by (a) With respect to any claim made or"suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (i) You must arrange to defend the "in- However, any"auto"that is leased, hired, sured"against,and investigate or set- rented or borrowed with a driver is not a' Ile any such claim or "suit" and keep covered"auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED Lions. The following is added to Paragraph A.1.,Who Is (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any"employee"of yours is an "insured"while us- (iii)We may, at our discretion, participate ing a covered"auto"you don't own, hire or borrow in defending the"insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS —INCREASED . "suit". LIMITS (iv)We wilt reimburse the "insured" for 1. The following replaces Paragraph A.2.a_(2), sums that the "insured" legally must of SECTION II—LIABILITY COVERAGE: pay as damages because of "bodily injury"or"property damage"to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tons) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION II—LIABILITY COVERAGE. • 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the insured" for of SECTION II—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit , but only up to and included wi F. HIRED AUTO — LIMITED WORLDWIDE COV- graph the limit described in Par of ERAGE—INDEMNITY BASIS T C.,SECTIONLimit II — LI Af Insurance, o- ABILITY COVER- The following replaces Subparagraph (5) in Para- AGE,and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available • hibits the transaction of business with or Page 2 of 4 5 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects • ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for"loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coup- (1) Owned by an Insured";and try up to the minimum limits required.by (2) In or on your covered"auto". local taw. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered"auto". not invalidate the coverage afforded by this policy,but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto"you own that in- ada.Wassume no responsibility for the flate due to a cause other than a cause of"loss" furnishing of certificates of insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for compliance in any way with the laws only: of other countries relating to insurance. (1.111 G. WAIVER OF DEDUCTIBLE—GLASS a. If that"auto"is a covered"auto"for Compre- hensive Coverage under this policy; The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III — PHYSICAL DAMAGE ranty;and COVERAGE: No deductible for a covered "auto" will apply to C. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of$1,000 for any replaced. one"loss". FL HIRED AUTO PHYSICAL DAMAGE—LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph A.4.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident' or"loss" ap- for loss of use is $65 per day, to a maximum of plies only when the"accident" or"loss" is known $750 for any one"accident". to: I. PHYSICAL DAMAGE — TRANSPORTATION (a) You(if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability corn- graph A.4.a., Transportation Expenses, of pony); SECTION ill — PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE: manager(if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization);or $1,500 for temporary transportation expense in- (e) Any"employee"authorized by you to give no- curred by you because of the total theft of a coy- tice of the"accident"or"loss". ered"auto"of the private passenger type. • CA T3 53 03 10 ©2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 1 COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss",provided that the"accident"or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. C • Page 4 of 4 ©2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc.with its permission. POLICY NUMBER: DTC01358R639COP15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ° BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, a. You agree in a "written contract requiring in- the Additional Insured — Owners, surance" to include as an additional insured Lessees or Contractors — Completed on this Coverage Part;and Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsement under this Coverage Part which those edition dates;or includes such person or organization in the (b) Either or both of the following: the endorsement's.schedule; Additional Insured — Owners, Les- is an insured, but: sees or Contractors — Scheduled a. Only with respect to liability for"bodily injury", Person Or Organization endorsement "property damage"or"personal injury"; and CG 20 10, or the Additional Insured— Owners, Lessees or Contractors — b. Only as described in Paragraph (1), (2) or(3) Completed Operations endorsement below,whichever applies: CG 20 37, without an edition date of (1) If the "written contract requiring insur- such endorsement specified; ance" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- insured only if the injury or damage is son or organization by the use of: caused, in whole or in part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of"your work" to which endorsement CG 20 10 11 85;or the "written contract requiring insurance" (b) Either or both of the following: the applies; or Additional Insured — Owners, Les- (3) If neither Paragraph(1) nor(2)above ap- . sees or Contractors — Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 20 10 10 01, or the Additional In- ditional insured only if, and to the ex- sured—Owners, Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 37 10 01; your subcontractor in the perform- the person or organization is an additional ance of"your work"to which the"writ- insured only if the injury or damage arises ten contract requiring insurance" sp- out of "your work" to which the "written plies; and contract requiring insurance"applies; (b) The person or organization does not (2) If the "written contract requiring insur- qualify as an additional insured with ance" specifically requires you to provide respect to the independent acts or additional insured coverage to that per- omissions of such person or organi- son or organization by the use of: zation. CG D6 04 08 13 2013 The Travelers Indemnity Company.AU rights reserved. Page 1 of 3 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is a. If the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is an additional insured, or is minimum limits of liability required by the any other insured that does not qualify as a "written contract requiring insurance", the in- named insured, under such other insurance. surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the "written con- rence" or an offense which may result in a tract requiring insurance" will be considered claim. To the extent possible, such notice to include the minimum limits of liability of any should include: Umbrella or Excess liability coverage required for the additional insured by that"written con- (1) How, when and where the "occurrence" tract requiring insurance". This endorsement or offense took place; will not increase the limits of insurance de- (2) The names and addresses of any injured scribed in Section III—Limits Of Insurance. persons and witnesses; and b. The insurance provided to the additional in- (3) The nature and location of any injury or sured does not apply to "bodily injury", "prop- damage arising out of the "occurrence"or erty damage" or "personal injury" arising out offense. of the rendering of, or failure to render, any b. If a claim is made or"suit" is brought against professional architectural, engineering or sur- the additional insured, the additional insured veying services, including: must: (1) The preparing, approving, or failing to (1) Immediately record the specifics of the prepare or approve, maps, shop draw- claim or"suit"and the date received;and ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications; and receive written notice of the claim or"suit"as (2) Supervisory, inspection, architectural or soon as practicable. engineering.activities. c. The additional insured must immediately send c. The insurance provided to the additional in- us copies of all•legal papers received in con- sured does not apply to "bodily injury" or nection with the claim or"suit", cooperate with "property damage" caused by"your work"and us in the investigation or settlement of the included in the "products-completed opera- claim or defense against the "suit", and oth- tions hazard" unless the "written contract re- erwise comply with all policy conditions. quiring insurance"specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional in- fense and indemnity of any claim or "suit" to sured during the policy period. any provider of other insurance which would 3. The insurance provided to the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover under this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that is ance provided to the additional insured by this available to the additional insured. However, if the endorsement is primary to other insurance "written contract requiring insurance" specifically available to the additional insured which cov- requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis,this insured as described in Paragraph 3.above. insurance is primary to other insurance available 5. The following is added to the DEFINITIONS Sec- to the additional insured under which that person or organization qualifies as a named insured, and tion: we will not share with that other insurance. But "Written contract requiring insurance" means that the insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 ©2013 The Travelers Indemnity Company.All rights reserved. CG D6 04 08 13 COMMERCIAL GENERAL LIABILITY • ganization as an additional insured on this Cover- a. After the signing and execution of the contract age Part, provided that the "bodily injury" and or agreement by you; and "property damage" occurs, and the "personal in- b. While that part of the contract or agreement is jury" is caused by an offense committed, during in effect. the policy period and: riN CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 C POLICY NUMBER: DTC01358R639C0F15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage.However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I. Blanket Additional Insured — States Or Political Subdivisions—Permits D. Incidental Medical Malpractice E. Who Is An Insured—Newly Acquired Or Formed J. Knowledge And Notice Of Occurrence Or Offense Organizations K. Unintentional Omission F. Who Is An Insured— Broadened Named Insured L. Blanket Waiver Of Subrogation —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n,do not apply Auto Or Watercraft,in Paragraph 2.of SECTION to "premises damage". Exclusion f.(1)(a) —COVERAGES—COVERAGE A BODILY IN- does not apply to "premises damage"caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does riot apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a-pilot to any insured; c. Lightning; (b) Not owned by any insured;and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any person or prop- or lightning;or erty fora charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f.of Section I—Coverage A 1. The first paragraph of the exceptions in Ex- —Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion —All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6. of SECTION !lt — LIMITS OF IN- SURANCE. CG D3 16 1111 ©2011 The Travelers Indemnity Company-Alt rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III—LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for-damages because AGE: of"premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies.We do not have to fur- fire;explosion;lightning;smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or • any combination of any of these causes. 2. The following replaces Paragraph 1.d. of The Damage To Premises Rented To You SUPPLEMENTARY PAYMENTS — COVER- Limit will be: AGES A AND Bof SECTION I — COVER- AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part;or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit",including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of"insured contract" in the DEFINI- currence"in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a_ A contract far a lease of premises. How committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services"to a person. person or organization for "premises 2. The following is added to Paragraph Za.(1)of damage"is not an"insured contract SECTION II—WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Section: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- "Premises damage" means "property darn- ing to provide: age"to: (i) "Incidental medical services" by any of a. Any premises while rented to you or tern- • your "employees" who is a nurse practi- porarily occupied by you with permission of the owner;or tioner,registered nurse,licensed practical nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic;or premises is rented to you,if you rent such (ii) First aid or"Good Samaritan services"by premises for a period of seven or fewer consecutive days. any of your "employees" or "volunteer workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV—COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or"Good Samaritan ser- (b) That is insurance for"premises damage"; vices"during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 62011 The Travelers Indemnity Company.AN rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION HI—LIMITS OF INSURANCE: other than a partnership,joint venture or lirn- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualify as a provide"incidental medical services", first aid Named insured if there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that or- son will be deemed to be one"occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I —COV- only: ERAGES—COVERAGE A BODILY INJURY (1) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it;or cals committed by, or with the knowledge or (2) Unto the end of the olio consent of,the insured. policy period, when that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services"means: within 180 days after you acquire or form a. Medical,surgical, dental, laboratory,x-ray it, and we agree in writing that it will con- or nursing service or treatment, advice or tinue to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages;or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before (.1.72 medical, dental, or surgical supplies or you acquired or formed the organization;and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services"means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or cation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED—BROADENED NAMED cess Insurance, of SECTION IV — COM- INSURED—UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II—WHO IS AN INSURED; The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries,other than a partnership, sured, whether primary, excess,contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declare- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or"Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or"property damage" that occurred, or"personal Paragraph 2.a.(i) of Section II —Who Is An injury" or "advertising injury" caused by an of- Insured. fence committed after the date, if any, during the E. WHO IS AN INSURED — NEWLY ACQUIRED policy period, that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50%in such sub- The following replaces Paragraph 4. of SECTION sidiary. II—WHO IS AN INSURED: e CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED—OWNERS, H. BLANKET ADDITIONAL INSURED—LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II —WHO IS The following is added to SECTION Ii—WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on dude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability _ for "bodily injury", "property damage", "personal sped, liability for"bodily injury", "property dam- age"", 'personal injury"or"advertising injury"that: injury"or"advertising injury"that: a. is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is"personal injury" or"advertising occurs, or is "personal injury" or "advertising injury" injury" caused by an offense that is commit- caused by an offense that is commit- ted, subsequent to the execution of that con- trac subsequent to the execution of that con- tract or agreement;and tract or agreement;and b. Arises out of the ownership, maintenance or b. Is caused, in whole or in part, by your acts or use of that part of any premises leased to omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor_ The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro visions: is subject to the following provisions: a. The limits of insurance provided to such a. The limits of insurance provided to such premises owner, manager or lessor will be equipment lessor will be the minimum limits the minimum limits which you agreed to pro- which you agreed to provide in the written vide in the written contract or agreement, or contract or agreement, or the limits shown on the limits shown on the Declarations, which- ever the Declarations,whichever are less. are less. b. The insurance provided to such equipment lessor does not apply to any"bodily injury"or b. The insurance provided to such premises owner,manager or lessor does not apply to: "property damage" that occurs, or "personal injury"or"advertising injury"caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs,or"personal injury"or"adver- lease expires_ tising injury"caused by an offense that is c. The insurance provided to such equipment committed,after you cease to be a tenant lessor is excess over any valid and collectible in that premises;or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have • behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or non-contributory with, such other insurance, a. The insurance provided to such premises in which case this insurance will be primary owner, manager or lessor is excess over any valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surancs. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- surance must be primary to, or non- The following is added to SECTION t!—WHO IS contributory with, such other insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 ©2011 The Travelers Indemnity Company.Ail rights reserved. CG D316 11 11 COMMERCIAL GENERAL LIABILITY • by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company;or an insured, but only with respect to liability for (iii)An executive officer or director of bodily injury", "property damage", "personal in • - " any other organization; jury"or"advertising injury"arising out of such op- erations, that is your partner, joint venture member or manager;or The insurance provided to such state or political subdivision does not apply to: (b) Any "employee" authorized by such partnership, joint venture, limited li- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury"or"advertising injury"arising out to give notice of an "occurrence" or of operations performed for that state or po- offense, litical subdivision;or (3) Notice to us of such"occurrence"or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the'products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the"occurrence"or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1)or (2) above ERAL LIABILITY CONDITIONS: discovers that the°occurrence"or offense e. The following provisions apply to Paragraph may result in sums to which the insurance a. above, but only for the purposes of the in- arovided under this Coverage Part may apply' surance provided under this Coverage Part to you or any insured listed in Paragraph 1.or 2. However, if this Coverage Part includes an en- of Section ll—Who Is An Insured: dorsement that provides limited coverage for (1) Notice to us of such "occurrence" or of- "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- fense must be given as soon as practice- cape of"pollutants"which contains a requirement ble only after the "occurrence"or offense that the discharge, release or escape of "pollut- is known by you(if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment is an individual(if you are a limited liability company), any of your "executive offi- cers" UNINTENTIONAL OMISSION or directors (if you are an organize- The following is added to Paragraph 6., Repre- tion other Than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or timited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. error in, any information provided by you which (2) If you are a partnership,joint venture or we relied upon in issuing this policy will not preju- limited liability company,and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the"occur- applicable insurance laws or regulations. fence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8.,Transfer (I) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV— COMMERCIAL GENERAL LI- ABiLITY CONDITIONS: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish,mental injury,shock,fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organize- a person, including death resulting from any tion, but only for payments we.make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs;or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of"insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or a. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- The following replaces the definition of 'bodily leted. injury"in the DEFINITIONS Section: C • Page 6 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTC01358R639C0F15 ISSUE DATE: 06-30-15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN GENERAL AGGREGATE A WRITTEN CONTRACT WHICH IS IN EFFECT DURING LIMIT SHOWN ON THE THIS POLICY PERIOD, TO PROVIDE A SEPARATE DECLARATIONS. GENERAL AGGREGATE LIMIT; PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY • DAMAGE" OCCURS. • A. For all sums which the insured becomes legally 3. Any payments made under COVERAGE A. obligated to pay as damages caused by "occur- for damages or under COVERAGE C. for rences"under COVERAGE A. (SECTION I), and medical expenses shall reduce the Desig- for ail medical expenses caused by accidents un- nated Project General Aggregate Limit for der COVERAGE C (SECTION l), which can be that designated "project". Such payments attributed only to operations at a single desig- shall not reduce the General Aggregate Limit nated"project"shown in the Schedule above: shown in the Declarations nor shall they re- 1. A separate Designated Project General Ag- duce any other Designated Project General gregate Limit applies to each designated"pro- "Aggregate Limit for any other designated ject", and that limit is equal to the amount of project"shown in the Schedule above. the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations, unless separate Designated Occurrence, Damage To Premises Rented Project General Aggregate(s) are sched- To You and Medical Expense continue to uled above, apply. However, instead of being subject to 2. The Designated Project General Aggregate the General Aggregate Limit shown in the Limit is the most we will pay for the sum of all Declarations, such limits will be subject to the damages under COVERAGE A., except applicable Designated Project General Ag damages because of"bodily injury" or"prop- gregate Limit. erty damage" included in the "products- B. For all sums which the insured becomes legally completed operations hazard", and for medi- obligated to pay as damages caused by "occur- cal expenses under COVERAGE C, regard- rences" under COVERAGE A. (SECTION I), and less of the number of: for all medical expenses caused by accidents un- a. Insureds; der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- b. Claims made or"suits"brought;or nated"project"shown in the Schedule above: c. Persons or organizations making claims or bringing"suits". CG D2 11 01 04 Copyright,The Travelers Indemnity Company,2004 Page 1 of 2 • COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. vided, any payments for damages because of for damages or under COVERAGE C. for "bodily injury" or "property damage" included in medical expenses shall reduce the amount the "products-completed operations hazard" will available under the General Aggregate Limit reduce the Products-Completed Operations Ag- or the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gregate Limit,whichever is applicable;and gate Limit nor the Designated Project General 2. Such payments shall not reduce any Desig- Aggregate Limit. nated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- C. Part 2.of SECTION III—LIMITS OF INSURANCE tions Section is amended by the addition of the is deleted and replaced by the following: following definition: 2. The General Aggregate Limit is the most we "Project" means an area away from premises will pay for the sum of: owned by or rented to you at which you are per- forming operations pursuant to a contract or a. Damages under Coverage B; and agreement. For the purposes of determining the b. Damages from "occurrences" under applicable aggregate limit of insurance, each COVERAGE A (SECTION I) and for all "project" that includes premises involving the medical expenses caused by accidents same or connecting lots, or premises whose con- under COVERAGE C (SECTION I)which nection is interrupted only by a street, roadway, cannot be attributed only to operations at waterway or right-of-way of a railroad shall be a single designated"project"shown In the considered a single"project". SCHEDULE above. F. The provisions of SECTION III — LIMITS OF D. When coverage for liability arising out of the INSURANCE not otherwise modified by this en- "products-completed operations hazard" is pro- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright,The Travelers Indemnity Company, 2004 CG D2 11 01 04 TRAVELERS J WORKERS COMPENSATION AND ONE TOWER SQUARE HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 06 01 (00) — 001 POLICY NUMBER: DTJUB1363R63715 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A.of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. NUMBER OF DAYS ADVANCE NOTICE: 30 (or**) 2. NOTICE WILL BE MAILED TO: ANY PERSON OR ORGANIZATION THAT IS A CERTIFICATE HOLDER OF A CERTIFICATE OF INSURANCE ISSUED FOR YOU THAT: A) REFERS TO THIS POLICY AND STATES THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE PROVIDED TO THAT PERSON OR ORGANIZATION; AND B) IS IN EFFECT, AND IS ON FILE AT THE OFFICE OF YOUR AGENT OR BROKER FOR THIS POLICY, AT THE TIME OF THE CANCELLATION. SUCH NOTICE WILL BE MAILED TO THE ADDRESS SHOWN FOR THAT ** Number of days Notice specified in the Certificate of Insurance to all holders of such certificates. • DATE.OF ISSUE: 06-30-15 STASSIGN: TRAVELERS J r WORKERS COMPENSATION AND ONE F SQUAREEMPLOYERS LIABILITY POLICY HARTFORD, CT O6183 ENDORSEMENT WC 42 06 01 (00) — 002 POLICY NUMBER: DTJUB 13 63R637 r5 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A.of the Information Page. In the event of cancelation or other material change of the policy,we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. NUMBER OF DAYS ADVANCE NOTICE: 30" (or"*) 2. NOTICE WILL BE MAILED TO: (CONT.) PERSON QR ORGANIZATION IN THAT CERTIFICATE OF INSURANCE. THIS ENDORSEMENT DOES NOT APPLY WHEN THE REASON FOR CANCF.T,T,ATION IS NON-PAYMENT OF PREMIUM. ** Number of days Notice specified in the Certificate of Insurance to all holders of such certificates.. DATE OF ISSUE: '06-30-15 ST ASSIGN: • TRAVELERS J WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 42 03 04(B)— 001 POLICY NUMBER: DTJUBI363R63715 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone Gable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Cl Specific Waiver Name of person or organization X❑ Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. • 2_ Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: sEE SCHEDULE This endorsement changes the policy to which it is attached and is effective on the'date issued unless otherwise stated. (The 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 DATE OF ISSUE: 06-30-15 ST ASS[GN: Page 1 of 1 ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. CITY OF PEARLAND PARTIAL WAIVER OF LIEN C1111*\, Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to, before me, this day of , 20 My Commission Expires: Notary Public 5-12-12 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2016-35439 Jerdon Enterprise, L.P. Stafford,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 04/05/2016 being filed. City of Pearland Date Acknowledged: 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 goods or services to be provided under the contract. 1216-12 Pearland Parkway&Dixie Farm Road Corridor Enhancements 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary 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. x°1`1'74� + GAYE L.DURBIN My Commission Expires 444 August 21,2019 i ature of au ed agent of contracting business entity Jeff rz o ski,Senior i e President AFFIX NOTARY STAMP/SEAL ABOVE By:Jerdon Holding,LLC,General Partner Sworn to and subscribed before me,by the said Jeff Grzybowski ,this the 5th day of April 20 16 ,to certify which,witness my hand and seal of office. Ga e L.Durbin Administrative Assistant ign ure 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 V1.0.312