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Res 08-26 Authorizing an Agreement with North Texas Contracting
TOWN OF WESTLAKE RESOLUTION NO. 08-26 AUTHORIZING AN AGREEMENT WITH NORTH TEXAS CONTRACTING, INC.FOR THE RELOCATION OF APPROXIMATELY 1,400 LF WATER AND 710 LF SANITARY SEWER LINES, ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Board of Aldermen finds that the relocation of approximately 1,400 LF water and 710 LF of sanitary sewer lines benefits the safety and welfare of the public; and WHEREAS, the Board of Aldermen finds that funding is necessary for said relocation of the utilities; and WHEREAS, the Board of Aldermen finds that the passage of this Resolution is in the best interest of the public; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. THAT, the above findings are hereby found to be true and correct and are incorporated herein in the entirety. SECTION 2. THAT, the Board of Aldermen of the Town of Westlake, Texas, hereby approves the agreement with North Texas Contracting, Inc. relating to the utility relocation of approximately 1,400 LF water and 710 LF sanitary sewer lines, as attached hereto Exhibit "A"; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. PASSED AND APPROVED ON THIS 5`h DAY OF MAY 2008, - , I,&-Of4"o -1 -.0 Scott Bradlee, Mayor ATTEST: ,4 Sutter, TRMC, Town Secretary Thomas E. Brymervrown Manager APPROVED AS TO FORM: z oz:�141 ancono T n Attorney i I AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the Ll day of in t�hhe year 2008, by and between the Town of Westlake, Texas (hereinafter called OWNER) and i� (hereinafter called CONTRACTOR). J OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Westlake Civil Campus relocation of approximately 1,100 LF water, -� 650 LF sanitary sewer and 830 LF gas utilities. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Along the western portion of Westlake Civil Campus on Ottinger Road Article 2. ENGINEER. The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and has the rights and authority assigned to ENGINEER by the OWNER in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. lC0NTR C T OR agrees to voliim0ica w01,k vV,ithii i tel i (1 vj days oiler ti ie date of wr:" I notice to commence work, and to complete the work on which he has bid within 45 working days as provided in the General Conditions. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work 1 Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 6. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. A-1 Article 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the ENGINEER, it be necessary. 7.2. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 7.4. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 7.3 shah not be linnited In any way by anly limitation of I tiiG Mm vunt .^,r type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 8. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 Notice to Bidders consisting of one (1) page. 8.2 Instructions to Bidders consisting of three (3) pages. 8.3 Proposal consisting of seven (6) pages. 8.4 This Agreement consisting of four (4) pages. 8.5 Performance, Payment and Maintenance Bonds consisting of four (4) pages. 8.6 General Conditions consisting of twenty-six (26) pages. A-2 8.7 General Requirements consisting of fourteen (14) pages. 8.8 Construction Plans consisting of six (9) sheets as prepared by Pate Engineers. Addenda Nos. There are no Contract Documents other than those listed above in this Article 8. Article 9. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services i of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 10. MISCELLANEOUS. 10-1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself,, its partners, successors, assigns and legal - representatives 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. A-3 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the 2A -k day of Arvi 2008 OWNER: CONTRACTOR: Town of ,Westlake exas 000sUuK '(y�- }�01 By: By. r J Scott Brae Mayor Z(Aak Nj j t1-, V ATTEST- ATTEST: i Sutter, TMRC, Town Secretary Address for giving notices: Address for giving notices: 3 Village Circle, Suite 202 Westlake, Texas 76262 (If OWNER is a public body, attach resolution authorizing execution of Agreement. ) (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) po NY 4u g �,W fP2 List name of person to whose attention notices are to be sent: A-4 PROPOSAL Date: 2W N To: The Honorable Mayor Scott Bradley And Board Of Aldermen Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76262 Gentlemen: The pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do all the work.and furnish all necessary superintendence, labor, materials, and equipment to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans and binds himself on acceptance of his proposal to execute a contract and bonds, according to the accompanying forms, for performing and completing the said work within the time stated, and maintaining same as required by the detailed specifications for the following prices, to -wit: BID ITEMS Prices to be written in words. DEMOLITION ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) -.4, fns–Per-4�aeh: o ars $ $ 2. Cut and Plug 8" Water Line; Per Each: 2 EA. TN'V Kkkjjr_k Dollars And $ t5w oo $ Doo oo 4 Cents 3 • Excavate and Remove 3" Gas Line; Per Linear Foot: 420 L.F. ),A)O Dollars And $ 2 °`—' $ 004D°° c Cents 4. Excavate and Remove 8" Water Line; Per Linear Foot: 243 L.F. OUV Dollars And $,tun $ q�Zo-v D Cents �l 5. Excavate and Remove 8" Sanitary Sewer Line; Per Linear Foot: 559 L.F. k Dollars And $ `Y "� $ 2231P_ 0 Cents ! P-1 I 6, Remove Existing Sanitary Sewer Manholes; Per Each: 2 EA. ri11-u ffiwbtAND And $ 5VD� $ 1, OOQ°y Nb Cents 7. Trench S�a�fety System; Per Linear Foot: 1,222 L.F. +,W°Dollars And $ mo Cents TOTAL AMOUNT BID: DEMOLITION $ WATER IMPROVEMENTS ITEM NO. APPROX. QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 6 -Inch Water Pipe; Per Linear Foot: 18 L.F. 1 hN-6 Dollars And $ 00 $ X 30 HP Cents 2. 8 -Inch Water Pipe; Per Linear Foot: 700 L.F. Q Dollars And $ � C)W° 4 Cents ' 3. 12 -Inch Water Pipe; Per Linear Foot: 466 L.F. Dollars And $ $ �-73 -3WO- - 0 Cents 4. 6 -Inch Gate Valve wl Cast Iron Box and Lid; Pe Each: II1,W, 1 EA, KU Dollars And $ i, DOD $ i/0001-1-1 D Cents 5. 8 -Inch Gate Valve w/ Cast IrBox and Lid; Each: 5 EA. er V -1nitk l Dollars And $ r 2000 $ to, Cents 6. 12 -Inch Gate Valve w/ Cast Iron Box and L' ,Per Ea h: 2 EA. (1p/� ollars And $ 1 r wp°° $ o Cents 7. Ductile Iron Fittings; Per Ton: 1.13 TON S ' Dollars And $ �-, D00-0 $ Cents P-2 8. Standard Fire Hydrant at 3'-6" Bury Depth; Per Each: LL� 1 EA. QY�j# hiu + V�+ n� Dollars And $ MOV $ So 1300 o Cents 9. Connect to Existing Water Line; Per Each: 3 EA. %V V(&04 Dollars And D Cents 10. 8 -Inch Plug; Per Each: I EA. OKP tJM4qX Dollars And Ma Cents 11. 12 -Inch Plug; Per Each: 1 L.F. Dollars And NO Cents 12. 15 -Inch Steel Encasement; Per Linear Foot: 40 L.F. Dollars And Cents 13. Testing; Per Linear Foot: 1,184 L.F. k I Dollars And D Cents 14. Trench Safety System; Per Linear Foot: 1,184 L.F. Dollars And Cents TOTAL AMOUNT BID: WATER $ I DOL" $ 100LO $ 20010- $ 2001= $ �10 T5 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE (Furnis d install, including all appurten work, complete in place, the following items) 1. 3- Gas Pipe; Per Linear Foot: 823 L.F. Dollars And $ Cents 2. Conne�toxi ' Gas Line; Per Each: 2 EA. Dollars And $ Cents P-3 $ 3, zoo — $ TOTAL AMOUNT 3. Testing; P i`� inear Foot: 823 L. Dollars And $ Cents 4. Trench Safe stem; Per Linear Foot: 823 L.F. Dollars And $ $ Cents ip i - , o v *,, G. - SANITARY SEWER IlVIPROVEMENTS ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 8-hich P.V.C. Sanitary Sewer Pipe, Variable Trench Depth; Per Linear Foot: 655 L.F. I 1--Nt) Dollars And $ n Cents 2. Standard 4 -Foot Diameter Manhole, U t 8' D +T,P U-1, TOTAL AMOUNT $ x,01? P-4 3 EA F o ep s, er ac . -j Dollars And $ 2 DOD $ �� 00 a v Cents 3. Additional Manhole Depth > 8'; Per 14.15 V.F. Vertical Foot: II hL�Y �L� Dollars And $ (} (}� $ ° Cents 4, Adjust Existing Manhole Rim; Per Each: 2 EA. D 1jN i'e D llars And $ $ QQ°= Cents 5. 8" Plug; Per Each: 1 EA ON) %1,1A 4 Dollars And $ $ � N.- Cents 6. Connect to Existing Sanitary Sewer anhole; Per Each: 3 EA. Dollars And $ �� �'�% D" $ 3 DO4� p Cents ' 7. Concrete Encasement; Per Linear Foot: 60 L.F. IDollars And $ JU $ 3 Qty 1J v Cents 8. 15 -Inch Steel Encasement; Per Linear 30 L.F. Foot: Dollars And $ +$ $ o 2,4DDO- o Cents P-4 9. Post -Construction Television Inspection of DESCRIPTION OF ITEMS WITH San'tary Sewer Lines; Per Linear Foot: UNIT 655 L.F. Dollars And $ 10-0 $ lQ RU Cents 10. Testing; Per Linear Foot: AMOUNT 655 L.F. Dollars And $ $ �5 o Cents Silt Fence; Per Linear Foot: 11. Trench Safety System; Per Linear Foot: 655 L.F. OP10 Dollars And $ $ Wo Cents $ TOTAL AMOUNT BID: SEWER EROSION CONTROL ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. Silt Fence; Per Linear Foot: 1027 L.F. TKVtV Dollars And $ $` $ :3 0 Cents 2. Construction. Entrance; Per Lump Sum: 1 L.S. FiVb IWAUDollars And $ '� ! DD o o� y $ ' D� _K,a Cents 3. Tree Protection; Per Each: 14 EA. Dollars And $°� $� d Cents TOTAL AMOUNT BID: EROSION CONTROL $ TOTAL AMOUNT BID DEMOLITION TOTAL AMOUNT BID WATER TOTAL AMOUNT BID SEWER TOTAL AMOUNT BID EROSION CONTROL GRAND TOTAL AMOUNT BID P-5 $ -7/ 2� 0 $ -7 O $ L42/ $ 1Q1 lel= $ 1:34, M1 Receipt is acknowledged of th p g e following addenda: Addendum No. 1 2 !� Addendum No. 2 Addendum No. 3 The undersigned bidder agrees to commence work within ten (10) days after the d to of written notice to commence work, and to complete the work on which he has bid within � working days as provided in the General Conditions. Enclosed with this proposal is a cashier's or certified check, or a Bid Bond for $ (5% of greatest amount bid), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within sixty (60) days after the date advertised for the receipt of bids and the undersigned fails to execute the contract and the required bonds with the Owner, under the conditions hereof, within fifteen (15) days after the said proposal is accepted by the Owner and received by the undersigned; otherwise, said check or bond shall be returned to the undersigned upon demand. The undersigned hereby declares that he has visited the site and has carefully examined the 1 contract documents relative to the work covered by the above bid. Respectfully Submitted, W -k TJ xis Contractp� (� By: ZAck PVA` 1 I Named Printed Title: \/F Address: qAql 1L I' M Tx z4a Phone: '� I - 42,o' i t;-vb SEAL — IF BIDDER A CORPORATION P-6 STATE OF TEXAS COUNTY OF TARRANT PERFORMANCE BOND BOND No. 1034891 North Texas 4q99 ,ALL MEN BY THESE PRESENTS: That Contracting, Inc. of the Town of Hasle . ,Kelp ;ounty of Tarrant , and the State of Texas, as principal and Arch Insurance Company (surety company) authorized under the laws of the State of Texas to act as suretyon bonds orInc al a held nd fi I bon unto the Town neun re ' ,N� ty .our T1 s of Westlake, Texas, in the penal sum of TXun re ix onr ani iso p Dollars ($134,664. 00) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 29th day of April , 2008, to relocate approximately 1,100 LF water, 850 LF sanitary sewer and 830 LF gas utilities, which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the said Contract'and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed there under, 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 there under. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1St day of _ May 2008 North Texas Contracting, Inc. Arch Insurance Company Principal Surety By By Title Title Rabbi Morales, Attorney—in—fact Address 4999 Keller Haslet Rd. Address 2711 N. Haskell Ave., Suite 800 Keller, TX 76248 Dallas, TX 75204 The name and address of the Resident Agent of Surety is: Jerry P. Rose 2711 N. Haskell Ave., Suite 800, Dallas, TX 75204 PB -1 i PAYMENT BOND STATE OF TEXAS COUNTY OF TARRANT BOND No. 1030891 North Texas KNOW ALL MEN BY THESE PRESENTS: That Contracting, Inc. of the Town of Keller , County of Tarrant , and the State of Texas, as principal, and Arch Insurance Company (surety company) authorized under the laws of the State of Texas to act as surety on bonds for prinpipals uarre� hrJdAM firm cbon unto the Town of Westlake, Texas (Owner), in the penal sum of pe � t �'ON ana Noy?&I ars ($ 134, 664.00) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 29t1day of April , 2008, to relocate approximately 1,100 LF water, 650 LF sanitary sewer and 830 LF gas utilities, which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the:work provided for in said contract, then, this obligation shall be void; `j otherwise to remain in full force and effect: "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein." Surety, for value received, stipulates_and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed there under, 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 there under. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1st day of May 200 8 North Texas Contraetipg, Inc. Principal J By Title } j Address 499 Keller haslet Rd. Keller, TX 76248 The name and address of the Resident Agent of Surety is: Jerry P. Rose Arch Insurance Company Surety By Title Robbi Morales, Attorney-in-fact Address 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 2711 N. Haskell Ave., Suite 800, Dallas, TX 75204 J MAINTENANCE BOND THE STATE OF TEXAS } COUNTY OF TARRANT } KNOW ALL MEN BY THESE PRESENTS: THAT North Texas Contracting, Inc. as Principal, and Arch Insurance Company (surety company), a corporation organized under the laws of the State of Missouri as Sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the Town of Westlake, a municipal corporation, chartered by virtue of a special act of the Four T},Lti�q�salatdure of State of Texas, at Westlake, Tarrant County, Texas, the sum of one Hundred Thirty Sixty Four ani o l' Uoel(ars ($134, 664. 00), for the payment of which sum will truly be made unto said Town of Westlake, and its successors, and said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said CONTRACTOR has this day entered into a written contract with the said Town of Westlake to build and construct approximately 1,100 LF water, 600 LF sanitary sewer and 830 LF gas utilities, which contract and the plans and specifications therein mentioned, adopted by the Town of Westlake are hereby expressly made a part thereof as though the same were written embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said contractor and sureties on this obligation, and the said contractor and sureties hereon shall be subject to the liquidated damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. NOW, THEREFORE, if the said contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by said contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said Town of Westlake shall have and recover from the said contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. MB -1 North Texas IN WITNESS WHEREOF, said Contracting, Inc -has caused these presents to be executed by Its President and the said Arch Insurance Company (name of surety company) has caused these Presents to be executed by its' attorney-in-fact and the said Attorney-in-fact, Robbi morales (name of attorney) has hereunto set his hand, this the 1st day of may 2008 Principal Surety: North Texas Contracting, Inc. Arch Insurance Company Name of contractor's company Name of insurance company r Srgnature Signature V Robbi Morales, Attorney-in-fact Name of Representative —Title (print) Name of Representative — Title (print) Witness:. Attest: Signaturepj�t4L1, � � Signature Note: Date of Maintenance Bond must not be prior to date of contract. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Don E. Cornell, Lisa M. Bonnot, Christine Davis, Jerry P. Rose, RoW Morales, Ricardo J. Reyna, and Luke J. Nolan, Jr. of Dallas, TX (EACH) its true and lawful Ahorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit - This authority does not permit the same obligation to be split into two or more bonds in order to bring each such hand within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice president, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, seated and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: . VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power ,of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3,.20173, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. DOM L0013 00 03 03 Page 1 of 2 Printed in U.&A, ARCH Insurance Company TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: ARCH Surely You may contact your agent at the telephone number provided on the Declarations page of your policy. You may contact Mike Pete, Surety, Arch Insurance Company, at the toll-free telephone number or address provided below: Arch Insurance Company Attention: Mike Pete 3 Parkway Suite 1500 Philadelphia PA 19102 1-866-472-8845 You may contact the Texas Department of Insurance to obtain information on companies' coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O, Box 149091 Austin, TX, 78714-9091 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. (Ed' 6/06) Printed in U.S.A. �! AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the �1 day of N61 in the year 2008, by and between lI the Town of Westlake, Texas (hereinafter called OWNER) and NOl�-��n ,)CLAS J (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Westlake Civil Campus relocation of approximately 1,100 LF water, 650 LF sanitary sewer and 830 LF gas utilities. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Along the western portion of Westlake Civil Campus on Ottinger Road Article 2. ENGINEER. The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and has the rights and authority assigned to ENGINEER by the OWNER in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. CONTRACTOR agrees to comn Pence vv'or k ir"vithin tel [ ( 1 v' days after the date of vif r ittel I notice to commence work, and to complete the work on which he has bid within 45 working days as provided in the General Conditions. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous -, month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 6. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. A-1 Article 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the ENGINEER, it be necessary. 7.2. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by laws and Regulations regardless of the negligence of any such party. 7.4. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under �_ 77.33 r n i F__ �:r_:i�-I L.:, 1. 4..i'e.w the .�mn ink nr 6Yln of paragraph 1 ..3 snail not bJe llim'Rau in any way I Y any Ilmitation oil the a,rnou ^ xin,= damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 8. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 Notice to Bidders consisting of one (1) page. 8.2 Instructions to Bidders consisting of three (3) pages. 8.3 Proposal consisting of seven (6) pages. 8.4 This Agreement consisting of four (4) pages. 8.5 Performance, Payment and Maintenance Bonds consisting of four (4) pages. 8.6 General Conditions consisting of twenty-six (26) pages. _A-2 I 8.7 General Requirements consisting of fourteen (14) pages. 8.8 Construction Plas consisting of six (9) sheets as prepared by Pate Engineers. Addenda Nos. There are no Contract Documents other than those listed above in this Article 8. Article 9. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 10. MISCELLANEOUS. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself,. its partners, successors, assigns and legal -, representatives 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. A-3 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the 9-6+1- day of 12008. OWNER: CONTRACTOR: Town �(Vestlak Texas �; CA. By: � By. Scott Bradl , Mayo} r ATTEST' ATTEST: _fub Sutter, TM RC, Town SecretaryA I A,O �. Address forgiving notices: Address for giving notices: 3 Village Circle, Suite 202 PO NX `flog Westlake, Texas 76262 (If OWNER is a public body, attach List name of person to whose attention resolution authorizing execution of notices are to be sent: Agreement. ) (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) PROPOSAL Date: To: The Honorable Mayor Scott Bradley And Board Of Aldermen Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76262 Gentlemen: The pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do all the work. and furnish all necessary superintendence, labor, materials, and equipment to complete all the worts upon which he bids, as provided by the attached specifications and shown on the plans and binds himself on acceptance of his proposal to execute a contract and bonds, according to the accompanying forms, for performing and completing the said work within the time stated, and maintaining same as required by the detailed specifications for the following prices, to -wit: BID ITEMS Prices to be written in words. DEMOLITION ITEM NO. APPROX. QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) CL''C1-I�l�� o arS $ 2. Cut and Plug 8" Water Line; Per Each: 2 EA. V1VV ley ,n[�o� Dollars And $ 0 Cents r 3. Excavate and Remove 3" Gas Line; Per 424 L.F. Linear Foot: luo Dollars And $ 2 $ p (01 � o Cents 4. Excavate and Remove 8" Water Line; Per Linear Foot: 243 L.F. Ekk Dollars And $ $ { !-Izo— Cents 5. Excavate and Remove 8" Sanitary Sewer Line; Per Linear Foot: 559 L.F. t7� Dollars And $ 4' Cents P-1 6. Remove Existing Sanitary Sewer Manholes; Per Each: 2 EA.dl bMaAkC& Dollars And ND cents 7. Trench Safety System; Per Linear Foot: ON 1,222 L.F. Dollars And 0 Cents TOTAL AMOUNT BID: DEMOLITION WATER IMPROVEMENTS $ 5-v)Q-0 $ voo—" $ tib $ ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 6 -Inch Water Pipe; Per Linear Foot: 18 L.F. l HA h 4 Dollars And $ 35ee Cents 2. 8 -Inch Water Pipe; Per Linear Foot: 700 L.F. taw Dollars And $ b Cents 3. 12 -Inch Water Pipe; Per Linear Foot: 466 L.F. Flik Dollars And $ t7 Cents 4. 6 -Inch Gate Valve w/ Cast Iron Box and Lid; Pe Each: ©o 1 EA. KU T�1WC" Dollars And $ 11000 D Cents 5. 8 -Inch Cate Valve w/ Cast bolt Box and Lid; er Each:, l 5 EA. a � . Dollars And �. Cents 6. 12 -Inch Gate Valve w/ Cast Iron Box and Lid; Per Ea h: TOTAL AMOUNT $ t§'30±!. $ 2jQ,) C)00 $ �73 3pD� $ t'0001° $ wIWS 2 EA. ollars And Me, Cents 7. Ductile Iron Fittings; Per Ton: 1.13 TON � W9 t\K A Dollars And $ �, Dai $ 3 2,0 0 jZ6 Cents ' P-2 8. Standard Fire Hydrant at 3'-6" Bury Depth; Per Each: I EA. QV0Wk "lig Dollars And $ o Cents 9. Connect to Existing Water Line; Per Each: 3 EA. QkU Ulla Dollars And $ �1 d��� $ No Cents 10. 8 -Inch Plug; Per Each: I EA. X Dollars And $ ��' . $ Cents 11. 12 -Inch Plug; Per Each: 1 L.F. TVJQ ik'r Dollars And $ 200 $ O Cents 12. 15 -Inch Steel Encasement; Per Linear Foot: 40 L.F. Dollars And K° Cents 13. Testing; Per Linear Foot: 1,184 L.F. � Dollars And $ I � $ 1 ! $ Lb a Cents 14. Trench Safety System; Per Linear Foot: 1,184 L.F. 00 Dollars And $ ap 1 $ li p Cents TOTAL AMOUNT BID; WATER $ S ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE (Furn' d install, including all appurten work, complete in place, the following items) 1. 3- Gas Pipe; Per Linear Foot: 823 L.F. Dollars And $ Cents 2. Connect to Exi ' Gas Line; Per Each: 2 EA. Dollars And $ Cents P-3 $ TOTAL AMOUNT 3. Testing; P inear Foot: 823 L. Dollars And $ Cents 4. Trench Safe stem; Per Linear Foot: 823 L.F. Dollars And $ $ Cents 60 i N ZZ 6 G 13 ii - - SANITARY SEWER IMPROVEMENTS ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE (Furnish and install, including all appurtenant work, complete in place, the following items) I. 8 -Inch P.V.C. Sanitary Sewer Pipe, Variable Trench Depth; Per Linear Foot: 655 L.F. T --y[) Dollars And $� 4 Cents 2, Standard 4 -Foot Diameter Manhole, r TOTAL AMOUNT Up to 8 Depths; I er Each:ra 3 EA 4 L Dollars And $ QD© $ �, 000 n Cents anh 3. Additional Manhole Depth > 8'; Per Vertical Foot: ff - -Cents 14.15 V.F.0HG Dollars And $ 6019 16019 Cents 4. Adjust Existing Manhole Rim; Per Each: 2 EA.l� } Dollars And $ @^ go Cents 5. 8" Plug; Per Each: , I EA � yt,U�-Y W rt ollars And 'ItKo $ Cents 6. Connect to Existing Sanitary Sewer 1 P Each $ X41 -G00 o e, er � 3 EA. Dollars And $ ao o� $ DOa 0 Cents 7. Concrete Encasement; Per Linear Foot: 60 L.F. Dollars And $ v Cents 8. 15 -Inch Steel Encasement; Per Linear Foot: 30 L.F. t Dollars And $ ° Cents P-4 $ 3, 0C@2= $ 2,4Dfl'� 4. Post -Construction Television Inspection of DESCRIPTION OF ITEMS WITH UNIT Sa 'tary Sewer Lines; Per Linear Foot: NO. QUANTITY BID PRICES WRITTEN IN WORDS 655 L.F. Dollars And $ (Furnish and install, including $ ¢ Cents 1. Silt Fence; Per Linear Foot: 10. Testing; Per Linear Foot: 1027 L.F. 1VKVtV Dollars And 655 L.F. 4k, . Dollars And $ 3 �$ a Cents 11. Trench Safety System; Per Linear Foot; Construction Entrance; Per Lump Sum: 655 L.F. Dollars And $ tj. Dollars And IMP l $ p Cents Cents TOTAL AMOUNT BID: SEWER $ 3. Tree Protection; Per Each: EROSION CONTROL ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. Silt Fence; Per Linear Foot: 1027 L.F. 1VKVtV Dollars And $ $ 3 �$ Ka Cents 2. Construction Entrance; Per Lump Sum: 1 L.S. tj. Dollars And $ �°= ,000 Cents 3. Tree Protection; Per Each: 14 EA.Do liars And $ lr $ /2J 100"' Cents TOTAL AMOUNT BID: EROSION CONTROL. $ TOTAL AMOUNT BID DEMOLITION TOTAL AMOUNT BID WATER W,Q'_V_AT TOTAL AMOUNT BID SEWER TOTAL AMOUNT BID.EROSION CONTROL GRAND TOTAL AMOUNT BID P-5 $ 7( 2� 0 5) 0SS0 $2� 40� $ tp, l�lf $ X34, M` Receipt is acknowledged of the following addenda: Addendum No. 1 23 p� Addendum No. 2 Addendum No. 3 The undersigned bidder agrees to commence work within ten (1 0) days after the d9te of written notice to commence work, and to complete the work on which he has bid within ;p working days as provided in the General Conditions, Enclosed with this proposal is a cashier's or certified check, or a Bid Bond for $ (5% of greatest amount bid), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within sixty (£0) days after the date advertised for the receipt of bids and the undersigned fails to execute the contract and the required bonds with the Owner, under the conditions hereof, within fifteen (15) days after the said proposal is accepted by the Owner and received by the undersigned; otherwise, 1 said check or bond shall be returned to the undersigned upon demand. The undersigned hereby declares that he has visited the site and has carefully examined the contract documents relative to the work covered by the above bid. Respectfully Submitted, 0 a4 T -ow Contract i� By: Zc,Ck FIA�i E-itV Named Printed Title: \/T Address: AP[ j ILMtV ( A3Ld %Lk,e+- TX I � 24 Phone: s a ` 3, 0 . q j�;Vb... SEAL_ — IF BIDDER A CORPORATION P-6 STATE OF TEXAS COUNTY OF TARRANT PERFORMANCE BOND BOND No. 1030891 North Texas 4899 %, ALL MEN BY THESE PRESENTS: That Contracting, Inc. of the Town Of aslet . ,KellPounty of Tarrant , and the State of Texas, as principal and Arch Insurance Company (surety company) authorized under the laws of the State of Texas to act as surety on bonds orIc'ale held nd firI bon unto the Town of Westlake, Texas, in the penal sum of �ixnrer �iy�Orran�oMP� Dollars ($.134,664. 00) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into.a certain written contract with the Owner, dated the 29th day of April - , 2008, to relocate approximately 1,100 LF water, 650 LF sanitary sewer and 830 LF gas utilities, which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect: "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed there under, 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 there under. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1st I day of May 200 8 North Texas Contracting, Inc. Arch Insurance Company Principal 'Surety � By By,�. Title of Title Robbi Morales, Attorney-in-fact Address 4999 Keller Haslet Rd. Address 2711 N. Haskell Ave., Suite 800 Keller, TX 76248 Dallas, TX 75204 The name and address of the Resident Agent of Surety is: Jerry P. Rose 2711 N. Haskell Ave., Suite 800, Dallas, TX 75204 : TSD MAY U PB -1 BY: PAYMENT BOND STATE OF TEXAS COUNTY OF TARRANT BOND No. 1030891 North Texas KNOW ALL MEN BY THESE PRESENTS: That Contracting,_ Inc. of the Town of Keller , County of Tarrant , and the State of Texas, as principal, and Arch Insurance Company (surety company) authorized under the laws of the State of Texas to act as suretyon bonds for prin ' al ar held nd ftirml r bon unto thpe Tr�r�►n ne Iu22 (� � r o r �Q�o�liar� �x of Westlake, Texas (Owner), in the penal sum of undre ixty MU and No ($ 134, 664.00) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 29ttday of April , 2008, to relocate approximately 1,100 LF water, 650 LF sanitary sewer and 830 LF gas utilities, which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect: "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed there under, 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 there under. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1st day of May 200 8 North Texas Contracting, Inc. Principal i By Title 41 Address 4999 Keller Haslet Rd. Keller, TX 76248 The name and address of the Resident Agent of Surety is: Jerry P. Rose Arch Insurance Company Surety By Title Robbi Morales, Attorne -in-fact Address 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 2711 N. Haskell Ave., Suite 800, Dallas, TX 75204 PB -2 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: THAT North Texas Contracting, Tne. as Principal, and Arch. Tnsurance Company (surety company), a corporation organized under the laws of the State of Missouri as Sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the Town of Westlake, a municipal corporation, chartered by virtue of a special act of the g Le�gislafdureSof tIFgo Sto of Texas, at Westlake, Tarrant County, Texas, the sum of one Hundred Thirty SQxtyTDouraanc� No. f ars ($134,664. 00 ), for the payment of which sum will truly be made unto said Town of Westlake, and its successors, and said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said CONTRACTOR has this day entered into a written contract with the said Town of Westlake to build and construct approximately 1,100 LF water, 650 LF sanitary sewer and 830 LF gas utilities, which contract and the plans and specifications therein mentioned, adopted by the Town of Westlake are hereby expressly made a part thereof as though the same were written embodied herein. t WHEREAS, under the plans, specifications, and contract, it is provided that the contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairing andlor reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said contractor and sureties on this obligation, and the said contractor and sureties hereon shall be subject to the liquidated damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. NOW, THEREFORE, if the said contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if 1 default shall be made by said contractor in the performance of its` contract to so maintain and repair said work, then these presents shall have full force and effect, and said Town of Westlake shall have and recover from the said contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is further i understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. ILIUM North Texas IN WITNESS WHEREOF, said Contracting, T,, -has caused these presents to be executed by its President and the said Arch Insurance Company (name of surety company) has caused these Presents to be executed by its' attorney-in-fact and the said Attorney-in-fact, Robbi Morales (name of attorney) has hereunto set his hand, this the 1st day of May 2008 . Principal: J North Texas Contracting, Znc. — Name of contractor's c pany S nature VP Name of Representative — Title (prsnt) Witness: Signature Surety: Arch Insurance Company Name of insurance company Signature Robbi Morales, Attorney-in-fact Name of Representative — Title (print) Attest: Signature Note: Date of Maintenance Bond must not be prior to date of contract. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint Don E. Cornell, Lisa M. Bonnot, Christine Davis, Jerry P. Rose, Robbi Morales, Ricardo J. Reyna, and Luke J Nolan, Jr. of Dalias, TX (EACH) its true and lawful Atiorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri_ This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of (Directors of the Company on March 3, 2003, true and accurate copies of which are thereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Hoard of Directors on March 3, 20D3, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 7 of 2 Printed in U.S.A. ARCH Insurance Company TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: ARCH Surety You may contact your agent at the telephone number provided on the Declarations page of your policy. You may contact Mike Pete, Surety, Arch Insurance Company, at the toll-free telephone number or address provided below: Arch Insurance Company Attention: Mike Pete 3 Parkway Suite 1500 Philadelphia PA 19102 1-866-472-8845 You may contact the Texas Department of Insurance to obtain information on companies' coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: PA Box 149091 Austin, TX. 78714-9091 PAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. (Ed. 6106) Printed in U.S.A. EQUlFVWENr, INC. SALES & RENALS "THIRD MONTH NOUCE99 OCTOBER l5, 2008 VIA CERTIFIED MAIL# 7008 0150 0000 7002 7889 RETURN RECEIPT REQUESTED PIPEWORKS. CONSTRUCTION LLC 1601 VALLEY VIEW FARMERS BRANCH TX 75234 VIA CERTIFIED MAIL# 7008 0150 0000 7002 7711 RETURN RECEIPT REQUESTED NORTH TEXAS CONTRACTING P O BOX 468 KELLER TX 76244 "SERVICE IS OUR SPECLALfTY" RE: NOTICE OF UNPAID ACCOUNT ON: WESTLAKE A, 2600 OTTINGER, FORT WORTH,, TEXAS. SCS EQUIPMENT INC., HAS FURNISHED LABOR AND/OR MATERIALS TO THE ABOVE -REFERENCED PROJECT UNDER A CONTRACT WITH PIPEWORKS CONSTRUCTION LLC SUB CONTRACTOR TO YOUR GENERAL CONTRACTOR NORTH TEXAS CONTRACTING, THERE REMAINS DUE AND OWING $2,056.75 FOR SUCH LABOR AND/OR MATERIALS FURNISHED TO PIPEWORKS CONSTRUCTION LLC, AS MORE FULLY SET FORTH ON THE ATTACHED JULY INVOICE # 01-076030-03. THE CLAIM IS PAST DUE UNDER THE TERMS OF THE CONTRACT REFERENCED ABOVE. DEMAND IS HEREBY MADE UNDER SECTION 53.083 OF THE TEXAS PROPERTY CODE FOR PAYMENT OF THE AMOUNT SET FORTH ABOVE. IF THIS CLAIM REMAINS UNPAID, YOU MAY BE PERSONALLY LIABLE AND YOU PROPERTY SUBJECTED TO A LIEN UNLESS PAYMENT IS WITHHELD FROM ORIGINAL CONTRACTOR FOR THE PAYMENT OF THIS CLAIM OR UNLESS THE BILL IS OTHERWISE PAID OR SETTLED. SINCERELY, 7 J. MIC , PRESIDENT SCS EQT INC. 2430 GLT,ANE DALLA29 ENCLOSURES: COPIES INVOICES CC: TOWN OF WESTLAKE -OWNER NORTH TEXAS CONTRACTING -GENERAL CONTRACTOR PIPEWORKS CONSTRUCTION LLC -SUB CONTRACTOR AON RISK SERVICES BONDING CO 2430 GLENDA LANE DALLAS, TEXAS 75229 972.620-a805 607 E. ScoTT AVE. W1CHI7'A FALLS, TEXAS 76301 940.766.2707 CONTRACTOW S FINAL RELEASE AND WAIVER. OF LIEN TO: TOWN OF WESTLAKE("Owner") RE: All labor performed and/or material or equipment furnished by, to or on behalf of the North Texas Contracting ("Contractor") relating to certain improvements known as WESTLAKE MUNICIPAL CO PLEXJWestlake Academy relocation of approximately 1,400 LF water and 710 LF sewer situated on or about certain real property 2600 JT Ottinger Rd. Westlake, Tx. 76262 located in TARRANT County, TEXAS, more fully described in an agreement between Owner and Contractor pertaining to construction of the Project (all such labor performed and/or materials or equipment furnished by, to or on behalf of the Contractor being the "Work"). The Contractor, for and in consideration of payment of one hundred and thirty-two thousand, nine hundred and thirty-three dollars and zero cents, ($132,933.00), such amount being the full, entire and final payment and amount due the Contractor for the Work including, without /mutation, any and all payments or amounts due under or by virtue of any contracts, agreements or understandings C`Contrac&') between Contractor and Owner relating to the Work and any amendments thereto or modifications thereof; and including any extra or additional work, cost or expense ("Extra Cost") whether a part of or relating to any Contracts or otherwise concerning the Work, does hereby waive, release and discharge the Owner, the Project and the Property from any and all liens, claims, demands or causes of action arising out of or relating to the Work, the Project, The Contracts or any Extra Cost. Furthermore, for the sante consideration, Contractor hereby represents and makes affidavit that Contractor has paid in full for all of the Work and Contractor makes this agreement and affidavit for the purpose of inducing the Owner to make the payment referenced above, and Contractor hereby agrees to defend, indemnify and hold harmless the Owner, the Project, the Contracts or any Extra Cost, including any cost, expense or damage, including attorney's fees, as a result of or in connection with any such liens, claims, demands or causes of action. Executed this the _2A_day of , 20 0 8. THE STATE OF TMA S COUNTY OF TT YrAn Con for IJ By: rk 41 f ' Authorized R resentative Title: BEFORE ME, the undersigned authority, on this day personally appeared 2A41 i rte i 1 is - , known to me to be the person whose name is subscribed hereto and having been by me duly sworn upon oath stated and acknowledged that the statements contained in the foregoing Agreement and Affidavit; and that he executed the foregoing for the purposes and considerations and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, and SUBSCRIBED and SWORN TO BEFORE ME this —day of O , 2008. My Commission Expires: 1 -a i t-1 P �p NATALIE C. GREGORY ( NOTARY PuByL�IC� y V1fLLGOFTJE O MY COMM. I'P. 04-03.2012 NOTARY PUBLIC IN AND FOR i COUNTY, UMS THE AMERICAN INSTITUTE OF ARCHITECTS El AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we NORTH TEXAS CONTRACTING, INC. 4999 Keller Haslet Rd. were insert full name and address or legal title of Contractor} Keller, TX 76248 as Principal, hereinafter called the Principal, and ARCH INSURANCE COMPANY One liberty Plaza (Here insert full name and address or legal title of Surety) New York, NY 10006 a corporation duly organized under the laws of the State of MO as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF WESTiAKE, TX as Obligee, hereinafter called the Obligee, in the sum of 5% of Amount Five percent of amount bid. Dollars ($ Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert 1u11 name, address and description of project) Westlake: Civil Campus Utility Relocation NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such band or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of April 2008 NORTH NTRACTING �C. (Princi f (Sea)) (TitleJ� l ARCH INSURANCE COMPANY t ` (Surety) (Sea!) (Witness) Robbi (Morales (Title) Attomey-in-Fact AIA DOCUMENT A310 • 010 BOND • AIA @ • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 POWER OF ATTORNEY Know All Men By These Presents: That the Arch insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Don F Corneii, Lisa M. Bonnot, Christine Davis, Jerry P. Bose, Robbi Morales, Ricardo J. Reyna, and Luke J Nolan, Jr. of Dallas, TX (EACH) its true and (awful Attorneys) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings E=XCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more ponds in Order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all inients and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri_ This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2403, true and accurate copies of which are hereinafter set forth and are hereby certifled to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company an March 3, 2003: . VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power -of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3,.2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO 13 00 03 03 Page 1 of 2 Printed In U,S.A, CERTIFICATE OF INSURANCE Certificate # 64220 364 ISSUE DATE (MMIDDIYY) 04/30/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE e POLICIES BELOW. BONDS AND INSURANCE COMPANIES AFFORDING COVERAGE GOMPANY LETTER A Amerisure Ins. Co. 5057 Feller Springs Road ■ Suite 400 ■ Addison, Texas 75001 972.201.0100 ■ www.mnhins.com ■ Fax 972.201.0123 COMPANY LETTFR B Amerisure Mutual Ins. Co. INSURED COMPANY C LETTER Texas Mutual Insurance Co. North Texas Contracting, Inc, P. O. Bax 468 COMPANY LETTER D Keller, Texas 76244 COMPANY E LETTER COVERAGES 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNY) POLICY EXPIRATION DATE (MWDD/YY) LIMITS B GENERAL LIABILITY GENERALAGGRFGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,{100,000 X COMMERCIAL GENERAL LIABILITY CPPY001347 07/31/07 07/31/08 PERSONAL & ADV INJURY $ 1,000,000 CLAIMS MADE ®OCCUR EACH OCCURRENCE $ 11000,000 OWNERS &. CONTRACTORS' PROT. 9 RE DAMAGE (Any one fire) $ 300,000 X Per Protect AQRregatApplies MED. EXPENSE (Any oneperson) $ 10,000 Contractual Liab & XCU Incl B AUTOMOBILE X LIABILITY ANY AUTO CA2001346 07131/07 07/31/08 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ GARAGE LIABILITY A EXCESS LIABILITY EACH OCCURRENCE $ 55,000,000 AGGREGATE $ 55,000,000 X UMBRELLA FORM CU2001348 07/31/07 07/31/08 OTHER THAN UMBRELLA FORM C WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY TSF0001120054 07131/07 07131108 X STATUTORY LIMITS EACH ACCIDENT $ 1,000,000 DISEASE—POLICY LIMIT S 1,000,000 DISEASE—EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Westlake Civil Campus relocation of water, sanitary sewer & gas utilities. The Town of Westlake is included as additional insured to general liability on a primary & noncontributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Town of Westlake, TX 3 Village Circle Suite 202 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Westlake, TX 76262 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE "SERVICE 1S ❑LIR SPECIALl7Y" E�iU1PNlEIYF, !Iw►IC. REMIT TO: 2430 GLENDA LANE, C307 E. SCOTT AVE.,243U GLEI�DA LANE DX [DALLAS, T 75229 WICHITA FAI-LS. -rX 76301 DALLAS, TEXAS 75229 OFFICE 972-620-8805 OFFICE 940-766-2707 FAX: 972-620-0730 FAx: 940-264-3006 DAMAGE WAIVER DECLINED HAVE READ AND I AGREE TO THE CONTRACT TERMS ON THE FRONT AND BACK OF THIS CUSTOMrR SIGNATURE DOCUMENT. THOSE TERMS CONSIST OF OUR ENTIRE AGREEMENT, NO ONE HAS ANY ORAL OR OTHER WRITTEN REPRESENTATIONS OR PROMISES NOT INCLUDED IN THIS CONTRACT. I UNDERSTAND THAT BY DECLINING THE DAMAGE WAIVER I AM RESPONSIBLE FOR ANY AND ALL DAMAGE INCIDENTAL OR OTHERWISE, P'9;-R1.eS A[I#=TIt t:�wte: cI_IatOmer° CCrItr-atr--t: "SERVICE IS OUR SPECIALITY" Egi 11F Mir, INC. REMIT TO: 2430 GLENDA LANE, 507 E. SciTrT AVE., DALLAS, TX 752.29 WICHITA IFALLS. TX 76:301 2430 GLENDA LANE DALLAS, TEXAS 75229 OFFICE 972-620-BBOS OFFICE 940-766-2707 FAx: 972-620-0730 FAX: 940-264-30136 CustomerNuF—ber MONTHLY B.ILLING —076030-0-11 Re ce ipt s Surn m aWi ---sumr may.7 D -,-at e SeR Method R-1. J D Amount RENTAL. liqCOME., I Bot -11. 00 07/0"f7/08 03 Ch--argie 0 5 5 DP E L...CI IIIJ E—LJR Y 50.0 I KP "to Amt. D ue this I n v o a e, .20,56. 7 T ot a1 thj.�: C o ri t -r- a c- T; . LIZ Uppaid 2 -456. 75 mi -A 19. 00 DALLAS GO TEXAS 8 : 75 Total. 205.6. 75 MON C`� 7 12-17 06 INS :00 DAMAGE WAIVER DECLINED IHAVE READ AND I AGREE TO THE CONTRACT TERMS ON THE FRONT AND BACK OF THIS CUSTOMER SIGNATURE DOCUMENT. THOSE TERMS CONSIST OF OUR ENTIRE AGREEMENT. NO ONE HAS ANY ORAL OR OTHER WRITTEN REPRESENTATIONS OR PROMISES NOT INCLUDED IN THIS CONTRACT. I UNDERSTAND THAT BY DECLINING THE DAMAGE WAIVER I AM RESPONSIBLE FOR ANY AND ALL DAMAGE INCIDENTAL OR OTHERWISE. pr7.� -9 a .1 e s A 9 E T-1 t DaA-ea (,u tomer.- C) T1 t -r-, a c, t 07/07 PIPEWOR12S CONSTRUCT TION 01--•0 6030-0-23 CERTIFICATE O F INSURANCE Certificate # 64220 364 �JISSUE DA 04130 O8 Y� THIS CERTIFICl4f1 IS ISSUED AS A MAI -TER OF INFORMATION ONLY AND CONFERS Pio RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BONDS AND INSURANCE 5057 Keller Springs Road ■ Suite 400 ■ Addison, Texas 75001 972.201.0100 o www.rnnhins.com e Fax 972.201.0123 INSURED North Texas Contracting, Inc. P. A. Box 468 Keller, Testes 76244 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI IE POLICY PERIOD INDICATED. NOTWITHS-ANDINO ANY REQUIREMENT, 'I H-41 ON CONDITION OF ANY CONTRAC''rOR OTHER DOCUMENT WITH RESPEC'II' 'TO WHICH THIS CERTIFICATE MAY BE ISSULU OR MAY PERTAIN. THE INSURANCE AFFORDED BY 1 -1 -IF POUCIFS Di -SCRIBED HEn1EIl`j ES SUBJECT 70 Al I. THF TERMS, EXCLUSIONS AND CONDFHOH!l OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO or INSURANCE j POLIG'Y NUA113ER j POLICY EFFECTIVE POLICY LXPIRATION L{NITS 1.T€I DATE (MNVDD/YYJ )ArE (MMIDDNY) B GENERAL LIABILITY X COMMERCIAL GFNI RAI I.IAnILI'FY _DCLAIMS [4PkDF Lx ]OCCUR OWNERS & CONTRACTORS' PROT. X Per Fir act Aggregatep) Contractual Uab & XCU Incl B AUTO€UIOBILF LIABIL.rrY X ANY AUTO ALL OWNED ALfI'OS -- _ SCHEDULED AUTOS X HIRED AUTOS X 111011 OWNED AI1105 GAHAGL' LIAIJIUTY A EXCESS LIABILITY -_ — X I_IbARRELLA FORM OTI-IE-R THAN UMBRELLA FORM G WORKITH'S COMPENSATION AND EMPLOYERS' LIABILt1 V - onlFil COWIIiAI` ILE'S AFFORDING GOVT-nACgE COMPANY LETTER A Amerisure Iris. GO. COMPANY LETTER B Amerisure Mutual Ins. Co. COMPANY LETTER Texas Mutual Insurance Co. COMPANY LETTER COMPANY I; LETTE€1 CPP2001347 CA2001346 CU2001348 ,rSFOd01120064 07/31/07 1 07/31/08 07139107 0713"1107 GENERAL AGGREGATE PERSONAL&AnV.INJURY _ S 1,000,000 EACIIOCCDRHENCE _S 1,000,000 FIRE DAMAGE (Any one fire) S 300,000 tAFD. FKI'FN3F IAny ane Lam S 10,a0a 0 71311 0 7 O'T131l08 EACH ACCIDENT u DISEASE POLIGYLIMIT --- 1,000,000 �. _ DISEASE rAc H I=I,IPI u> I_ I r 1,000,000 C€)ESI CRPIJON CII' OPERArIONSILOGAHONS 1 LL. — _ � � 'Art:Lln t tr'Ist3Ec Inl t'rF�tC 12E: Westlake Civil Campus relocation of water, saaiifary sewer & gas utililles. The Town of Westlako is included as additional Insured to generaf Iiability cn a primary & noncontribAory basis. CERTIFICATE HOLDER GANCELLATION TowSHOULD ANY OF `11-117 ABOVE DESCH113ED POLICIES BE CANCELLED BEFORE THE 3 Village of Circle Suestlake, e EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 3.0 3 Village Circle Suite 202 MAIL 30 DAYS WRITTEN NOTICFTOTHE CERTIFICATE HOLDER NAMED TOTHE Westlake, TX 76262 LEFT; BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGADON OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE COM�31N11J SINGLE HINT 1,00a,000 a713'vas BODILY INJURY 1a (Per person) BODILY INJURY S (Per accident) PITOPI-KI-Y nAMAGr EACH UCCURRENGE 5,000,000 07131108 AGGREGATE s 5,000,040 0 71311 0 7 O'T131l08 EACH ACCIDENT u DISEASE POLIGYLIMIT --- 1,000,000 �. _ DISEASE rAc H I=I,IPI u> I_ I r 1,000,000 C€)ESI CRPIJON CII' OPERArIONSILOGAHONS 1 LL. — _ � � 'Art:Lln t tr'Ist3Ec Inl t'rF�tC 12E: Westlake Civil Campus relocation of water, saaiifary sewer & gas utililles. The Town of Westlako is included as additional Insured to generaf Iiability cn a primary & noncontribAory basis. CERTIFICATE HOLDER GANCELLATION TowSHOULD ANY OF `11-117 ABOVE DESCH113ED POLICIES BE CANCELLED BEFORE THE 3 Village of Circle Suestlake, e EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 3.0 3 Village Circle Suite 202 MAIL 30 DAYS WRITTEN NOTICFTOTHE CERTIFICATE HOLDER NAMED TOTHE Westlake, TX 76262 LEFT; BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGADON OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE