Loading...
HomeMy WebLinkAboutRes 06-22 Authorizing a Contract with TD IndustriesTOWN OF WESTLAKE RESOLUTION NO. 06-22 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING A CONTRACT WITH TDINDUSTRIES FOR CONSTRUCTION WORK RELATED TO THE PHASE II (TWO) REMODELING/CONVERSION OF POD E CIVIC CAMPUS FROM OFFICE SPACE TO ADDITIONAL CLASSROOMS AND RELATED SPACE. WHEREAS, the Board of Aldermen finds that the remodeling/conversion of the existing office space to additional classrooms and related space will benefit the public; and WHEREAS, the Board of Aldermen finds that the procedures and requirements set forth in the Texas Local Government Code regarding competitive bidding requirements for the remodeling/conversion were appropriately followed; and WHEREAS, the Board of Aldermen finds that the contract from TDIndustries to provide all necessary labor and materials for the power, PA systems, plumbing, mechanical, fire alarm strobe, horn, and other devices for the classroom conversions of Pod E, as Exhibit "A", is sufficient to meet the public need; and WHEREAS, the construction cost of this remodeling project has been included in the adopted 2005/2006 budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE TOWN OF WESTLAKE, TEXAS: SECTION 1. The above findings are hereby found to be true and correct and are incorporated herein in its entirety. SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves the contract with TDIndustries relating to the Phase II remodeling/conversion of Pod E Civic Campus construction, attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. PASSED AND APPROVED ON THIS g1h DAY OF MAY 2006. 0 ATTEST: Scott Bradle , Mayor an Dwinnell, To Secretary Trent O. Petty, Tow nager APPROVED AS TO FORM: Atanton(L-o�'I�-T�n Attorney EXHIBIT A Civic Campus Expansion CLASSROOM CONVERSIONS POD E April 24" 2006 TOWN OF WESTLAKE DON REDDING LARRY SPARROW SCOTT BRADLEY MAYOR BOARD OF ALDERMEN FRED HELD — MAYOR PRO TEM TRENT 0. PETTY TOWN MANAGER Town of Westlake 2650 JT Ottinger Rd. Westlake, Tx. 76262 Phone 817-430-0941 Fax 817-430-1812 BUDDY BROWN BILL FREY NOTICE TO BIDDERS Sealed proposals addressed to the Town of Westlake for the construction of: CIVIL CAMPUS EXPANSION FROM TOWN OF WESTLAKE will be received at the Town Hall, Town of Westlake, 2650 J.T. Ottinger Road, Westlake, Texas, 76262 until 10:00 a.m., April , 14`h 2006, (C.S.T.). Each bidder shall identify his sealed Proposal by typing on the outside of the envelope: TOWN OF WESTLAKE ATTN: Debbie Piper - Finance Director 2650 J. T. Ottinger Road Westlake, Texas 76262 All responses and requests for clarification/information shall be addressed in writing to the Town Facilities Director at the above address. Or email: tmeyer@westlake-tx.org Respondents may also fax questions/comments to: (817) 430-1812 Attention: Troy J. Meyer A pre-bid conference we be held at 10:00 a.m. Wednesday, March 22nd 2006 in the town council chamber at 2650 J.T. Ottinger Rd. Westlake, Tx. 76262. All prospective bidders are required to have a repersentive from your firm attend this pre-bid conference The Bid Opening will be held on Monday, April 17'h at 10:00 A, M. Plans, specifications will be furnished without charge to any general contractor desiring to submit a bid for this project, and will be available on Tuesday, March 21" through Monday, April 12'h from 9am to 4pm Monday - Friday in person at the Town Hall, 2650 J.T. Ottinger Road, Westlake, Texas 76262. Please see Jaymi Ford room 223 The Town of Westlake reserves the right to reject any or all bids, and to waive any formalities. The Town of Westlake is committed to the ideals of equal opportunity, and strongly encourages participation by HUB/MBE/WBE business enterprises. Bid Proposal Section 8.1 General: The original school classroom building (Pod "E") was designed for initial temporary use as Town offices, and as school demand increased, then revert back to classroom use. This indoor project involves removing the remaining Town office areas within three bays of Pod "E" and converts those spaces back to classrooms. And, for school security, close the lobby -end of the central corridor with a fire -egress double -door. The project will involve interior work and includes demolition with protection of existing items, wall and ceiling drywall, some small lay -in ceilings, wood trim work, stained cabinetry, doors and hardware, performance folding partitions, magnetic/erasable wall panels, carpeting & vinyl flooring, painting & wall coverings, and alarm system. Mechanical -Electrical -Plumbing and Fire Protection systems, and communications/data system wiring, See sheets A1.01 - A1.10. An additional section of the Work will be to provide and install new student's lockers in the main corridor of the basement level of the Recreation Center, Unit "G". See sheet A1.11. 'drsuact to the Fordyo;ng notice ro bidders, cne undersigned bidder hereby proposes to do all the work and furnish all necessary 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 bond, 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: Item N Approximate Description of Items with bid prices written in Quantity words Unit Price Total Amount ' Furnish and install, including all appurtenant work, complete in place, the following items Please note: The doors and frames will be reused in the project. All fire system and electric devices will be reused when possiable. Plumbing 1 Install two sinks see A1.02 &A1.04 for a sum of s , ,: -�Zw Dollars and Cents Power 1 Demolition & debris removal see A1.01 fora Dollars and Cents 2 GFCI plugs and data outlets see A1.04 for a & EA sum of: s& - Dollars Dollars and Cents 3 - Light fixture and PA speaker see A1.03 fora EA sum of: st) 4" Dollars and Cents 4 LS For all Conduit see A1.04 for for a sum of : $ �� d 127,5 $ Dollars and Cents 5 Telephone &Data stub ups installed see AL04 7-0 _ , �;aeJ ,� dyr9 EA for for a sum of : $ b". $ Dollars - and Cents 6 EA Fire alarm strobe device removed and installed �� see A1.04 for for a sum of: $ `� j� 6) $ Dollars and Cents 7 EA Branch circuitary installed see A1.04 for for a $ sum of: -= y $-43 � ,`a¢6— Dollars and Cents Please note: The doors and frames will be reused in the project. All fire horn and strobe device will be reused when possible. Millwork 1 LF _ Casework see A1.05- A1.07 for a sum of : $ $ Dollars and Cents 2 Solid surface tops see A1.06 for a sum SF of: $ $ Dollars and Cents 3 EA !.ockers see A'' 011 fora sum of: $ Dollars and Cents 4 LF Classroom trim see A1.06 for a sum of: $ $ Dollars and Cents LF Trim in Corridor see A1.05 -A1.06 for a sum of: $ $� Dollars and Cents 6 Staining & finishing millwork see A1.06 LS for a sum of: $ $ Doors, Frames & Hardware EA 3 Doors see A7.02 for a sum of Dollars and Cents Set Door hardware see A7.02 for a sum of: $ $ 3 Remove & reinstall corridor doors and plan room -a EA door see Al_ 02 for a sum of: Dollars and Cents 4 Movable partition doors see A1.08 for a LS sum of:�- 5 Movable partition support system see A1.08 LS for a sum of: $_ $ _Dollars and _Cents Glass & Glazing 1 EA Door glazing see A1.05 for a sum of _—Dollars and Cents 2 Clearstrory glazing see A1.05 for a sum SF of: $ $ Dollars and Cents Mechanical system 1 LS Remove grilles and duck work in fie rm A1.07 fora sum of: see 2 LS Install louver in C.R.203 see A1.04 for a -p. sum of: $'s3 3 LS Building management adjustment sum of : for a $ DRYWALL 1 Demolition & removal see A1.01 for a� ---- LS sum of: $ $ Dollars and Cents LS Rough carpentry see A1.02 for a sum of: $ $ Dollars and Cents 4 LS Drywall partitions see A1.02 for a sum of : $ $ 5 Corridor in fill partition (Temp) see A1.02 LS for a sum of: $ $� 6 Fry reglet reveal work see A1.01 fora LS sum of" $ $ Dollars and Cents 7 Plastic barrier from floor to ceiling on eastside of�--- =E. --- LS corridor for a sum of : $ $ Dollars and__ Carpet & Resilient Flooring 1 Demo flooring & debris removal see A1.01 -- - - --- LS for asum of: $ $ E SF - VCT flooring see A1.02 for a sum of SY Carpet see A1.02 for a sum of: $ $ 4 Demo flooring in existing corridor see A1.01 LS for a sum of: Dollars and Cents 5 New flooring in existing corridor see A1.01 LS for a sum of Dollars and Cents Painting & Wall Covering 1 Tape, Bed & Paint drywall see A1.02— LS fora sum of: $ $ Dollars and Cents 2 Magnetic marker board see A1.01 for a SF sum of: $ Dollars and Cents 8 Support system for movable partition panels see. - LS A1.08 for a sum of: g_ $ 4 Fabric wrapped Acustical panels see A1.05 for a - - ,�-_- LS sum of: Security system 1 Remove security camera see A1.01 for a sum of LS $ $ 2 LS Install two card readers see A1.08 for a sum of: $ Total Amount Bid Per Trade Addendum Total Amount Bid for Project Receipt is acknowledged of the following addenda: Addendum No.1 Addendum No.2 Addendum No.3 The undersigned bidder agrees to commence work within five (5) days after the date of written nonce to commence work, and to substantially complete the work on which he has bid within 60 working days as provided in the general conditions of the agreement. Enclosed with this proposal is a bid bond, proformance bond in the amount of the project, W/o year maintenance bond and a payment bond, which it is agreed shall be collected and retained by the owener as liquidated damages in the event this proposal is accpted by the owener with five (5) days �ftnr the date advertised for the receipt of bids and the undersigned fails to execute the contract and the required bonds with the owner, der the conditions hereof, within five (5) days after the said proposal is accepted by the owner and received by the undersigned; otherwise, .,aid check. or bond shall be returned to the undersigned upon demand. The undem.igned 'hereby declares that he visited the site and has carefully examined the contract documents relative to the work covered by the above bid. TDIndustries, Ltd, RespectfuSPITOWustries Management, LLC its general nartnar Phone # _ _ INSTRUCTI®NS Section 8.2 1. WORK TO BE DONE The work to be done as covered by these contracts and specifications consists of the furnishing of all labor, materials, equipment, and incidentals for the remodel initial temporary use as Town offices, and as school demand increased, then revert back to classroom use. This indoor project involves removing the remaining Town office areas within two bays of Pod "E" and converts those spaces back to classrooms. And, for school security, close the lobby -end of the central corridor with a fire -egress double -door. The project will involve interior work and includes demolition with protection of existing items, wall and ceiling drywall, some small lay -in ceilings, wood trim work, stained cabinetry, doors and hardware, performance folding partitions, magnetic/erasable wall panels, carpeting & vinyl flooring, painting & wall coverings, and alarm system. Mechanical -Electrical -Plumbing and Fire Protection systems, and communications/data system wiring, See sheets A1..01 — ALIO. An additional section of the Work will be to provide and install new student's lockers in the main corridor of the basement level of the Recreation Center, Unit "G". See sheet Al. I1. 2. PREPARATION AND SUBMISSION OF PROPOSAL In the bid proposal, the bidder shall fill in the blanks for the "Unit Price" and the "Total Amount." 3. INTERPRETATION OF QUOTED PRICES In case of difference between the written words and any figure in a proposal, the amount stated in writing will be considered as the bid. The contract method will be unit pricing based on actual quantities of work installed. 4. DISCREPANCIES IN BIDS In case of lack of clearness of a proposal, the owner will adopt the most advantageous construction thereof or reject the bid. 5. UNBALANCED BIDS Unreasonable or unbalanced unit prices will be cause for rejection of any bids. 6. INTERPRETATION OF SPECIFICATIONS Any questions as to the meaning of any specifications will be answered by addendum which will be sent to all who have been furnished with contract documents and plans. 7. LOCAL LABOR The Contractor, in so far as is practicable, will be expected to give preference to employment of local citizens. 8. MATERIALS FURNISHED BY CONTRACTOR The Contractor shall furnish all materials, regardless of their nature except as noted in the special provisions and/or plans. MANUFACTURERS CERTIFICATE The Contractor shall furnish, if the owner so requests, a certificate from each of the manufacturers whose materials are used on this project stating that the materials and supplies fulfill or exceed the requirements set out in these specifications. 10. AFFIDAVIT OF BILLS PAID Prior to final acceptance of this project by the owner, the contractor shall execute an affidavit that all bills for labor, material, rental, subcontractor's work and any other incidentals have been paid in full and there are no claims pending of which he has been notified. 11. PLANS TO CONTRACTOR The contractor will be famished with one (1) sets of plans. Should he desire more than one (1) sets, he may buy them for $25.00 per complete set. 12. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE Attention is called to the fact that a minimum scale of wages to be paid to employees engaged in the work under this contract does not release the contractor from compliance with any state wage law that may be applicable. The contractor shall abide by the wage and hour laws of the state and must not pay less than the rates prescribed. 13. TIME ALLOWED FOR CONSTRUCTION The contractor shall commence work in not more than 5 calendar days after the work order has been issued and shall be substantially complete within forty five (45) working days of issuance of the work order. Work on the project shall start on June 5's, 2006 and must be completed on later than August 4`h, 2006. Liquidated damages shall be charged in the amount of $200.00 per day for not completing the work within the allotted time. The days charged shall begin at the earlier of the date the contractor proceeds with construction or 5 calendar days after the work order has been issued by the Town of Westlake. The Contractor shall submit in writing to the Town any request for additional time due to weather delays. Contractor will meet with the town responsive weekly to update their progress of the project. 14. SPECIAL INFORMATION - SALES TAX The owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor shall comply with all statutes and rulings of the State Comptroller. On unit price contracts, a final change order will be required to make final adjustment to reflect actual costs for sales tax data. 15. INSURANCE The Contractor shall famish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Type of Insurance 1. Workemtan's Compensation 2. Commercial General Liability (Public) Products Comp/Ops Agg. $1,000,000 Amount As set forth in the Worker's Compensation Act. Each Occurrence $500,000 General Aggregate $1,000,000 The Town of Westlake and Manhattam Construction Company shall be named as an additional insured on the Commercial General Liability (Public) Insurance Policy famished by the Contractor. Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non -renewal or any material change in coverage, a notice thereof shall be given by certified mail to the Town of Westlake, 2650 J. T. Ottinger Road, Westlake, Texas 76262. Companies issuing the insurance policies shall have no recourse against the Town for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. Certificate of proof that the insurance is in force shall be furnished to the Town. The coverage's provided herein shall be primary and noncontributory with any other insurance maintained by the Town of Westlake, Texas, for its benefit, including self insurance. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the Town of Westlake, the Contractor shall furnish the Town proof of identical continued coverage no later than ten (10) days prior to the expiration date shown on the Certificate of Insurance. The Contractor shall not commence work on any Contract in the Town of Westlake until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the Town. 16. Contractor's most have a Per -bid bond and provide certification. IDDERS INSTRUCTIONS (Must be signed by the Contractor) ATTENTION TO ALL BIDDERS: The Town of Westlake wishes to thank you in advance for bidding on this project. Please be aware of the following requirements for bidding Town of Westlake work. It is important that you read and understand these qualification factors in order to achieve a rapid and smooth completion of the process. All pertinent documents required by law and these instructions must be correctly completed. A successful completion of them, will not only benefit the Town of Westlake, but also you as the contractor, because among other things, the money reserved for the project will be ready to be used in your project and prompt scheduled payment may be made without any further delays. If you are unable to comply with formal requirements or fail to exercise due diligence in completing the required contract forms, the contract may be awarded to the next lowest bidder for the reason time is of the essence in these projects. BASIC FORME REQUIRED BY THE TOWN OF WESTLAKE THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND IT'S INSURANCE COMPANY 1. Proposal (to be completed by the contractor) 2. Standard Form of Agreement (to be completed by the contractor) 3. Corporate Acknowledgment; or Single Acknowledgment; or Partnership Acknowledgment NOTE: Which ever is applicable to the contractor, just one must be completed, and shall be notarized. 4. Bonds: Pre-bid Bond; Payment Bond and Maintenance Bond 6. Power of Attorney or Certificate of Authority of Attomey(s) In -Fact (issued by the surety's company) 7. Town of Westlake Certificate of Insurance form (to be completed by the insurance company) S. Indemnification by the Contractor (to be completed by the contractor) REMINDER: (a) All signatures must be originals. (b) Make sure the appropriate forms have been correctly notarized. INDEMNIFICATION BY CONTRACTOR Town shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of Town, without; however, waiving any governmental immunity available to the Town under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however, that the indemnity provided for in this section shah apo* only when the negligent act of Town is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to rover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the Town for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. EXHIBIT A CONTRACT MODIFICATIONS TOWN OF WESTLAKE TDINDUSTRIES, LTD APRIL 2006 INDEMNIFICATION BY CONTRACTOR: add at end of paragraph... "Notwithstanding anything to the contrary, where such loss, damage, injury or liability is caused by the partial negligence of the Contractor or Town, each party will proportionally accept its responsibility." Town of Westlake: By: TDIndustries Management, LLC Its general partner. ,, By: -- - By: 9 — Name: Nae: Title: Title P THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN FIVE (5) DAYS AFTER THE DATE OF WRITTEN NOTICE TO COMMENCE WORK, AND TO SUBSTANTIALLY COMPLETE THE WORK ON WHICH HE HAS BID WITHIN 45 WORKING DAYS AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK FOR 4% Greatest Amount Bid ($ 4% GAB ) DOLLARS, OR A PROPOSAL BOND IN THE SUM OF DOLLARS, 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 TEN (10) DAYS AFTER THE DATE ADVERTISED FOR THE RECEPTION OF BIDS AND THE UNDERSIGNED FAILS TO EXECUTE THE CONTRACT AND THE REQUIRED BOND WITH THE OWNER, UNDER THE CONDITIONS HEREOF, WITHIN FIVE (5) 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 CONTRACT DOCUMENTS RELATIVE TO THE WORK COVERED BY THE ABOVE BID. go SEAL - IF BIDDER A CORPORATION RESPECTFULLY SUBMITTED: TDlndustries, Ltd. By: TDIndustries Management, t,t<C, its general partner Section 8.3 AGREEMENT THIS AGREEMENT is dated as of the day of May in the year 2006, by and between the Town of Westlake, Texas (hereinafter called OWNER) and TDIndustries (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: Civil Campus Expansion from Classroom Conversions Pod E Article 2. General Contractor The Town General Contractor who is hereinafter called Manhattan Construction Company (MCC) and who is to act as OWNER'S representative, assume all duties and responsibilities and has the rights and authority assigned to MCC 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 commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within 45 calendar days as provided in the General Provisions and Requirements. 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 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. 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 MCC, it be necessary. 7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and MCC 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 famish 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 parry 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 MCC 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 famish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 7.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 8. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. Bid Proposal consisting of five (6) pages 8.2 Instructions consisting of three (4) pages. 8.3 This Agreement consisting of four (4) pages.. 8.4 Project scope classroom conversion consisting of two (2) pages. 8.5 Construction Plans consisting of fourteen (10) sheets. 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 parry hereto without the written consent of the parry 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. 10.2. 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. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed three copies of the Agreement. Three counterparts have been delivered to OWNER, and one counterpart each has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR on their behalf. TDlndustries, Ltd. �y By: TDindustries Management, LLC This agreement will be effective on the x day of May, 2006. Its general partner OWNER: Town of Westlake, Texas By: Trent Petty, ��anager ATTEST: Jean Dwi 11, Town Secretary Address for giving notices: 2650 J. T. Ottinger Road Westlake, Texas 76262 Address for giving notices: List name of person to whose attention notices are to be sent: (If CONTRACTOR is a Corporation, attach evidence of authority to sign. ) Section 8.4 General: The original school classroom building (Pod "E") was designed for initial temporary use as Town offices, and as school demand increased, then revert back to classroom use. This indoor project involves removing the remaining Town office areas within three bays of Pod "E" and converts those spaces back to classrooms. And, for school security, close the lobby -end of the central corridor with a fire -egress double - door. The project will involve interior work and includes demolition with protection of existing items, wal and ceiling drywall, some small lay -in ceilings, wood trim work, stained cabinetry, doors and hardware, performance folding partitions, magnetic/erasable wall panels, carpeting & vinyl flooring, painting & wall coverings, and alarm system. Mechanical -Electrical -Plumbing and Fire Protection systems, and communications/data system wiring, See sheets A1.01 — Al. 10. An additional section of the Work will be to provide and install new student's lockers in the main corridor of the basement level of the Recreation Center, Unit "G". See sheet Al. 11. Timetable: The Town intends to conduct the bidding process in March, aiming towards a late spring construction- early summer construction start-up, to be finished before the August 4'1 2006 semester. The Town's Project Manager and primary contact will be Mr. Troy Meyer at 817-490-5735. Specific: 1. Due to close proximity of other town daily operations, work on this project by the contractor will be closely coordinated with the town's Project Manager ("PM") (see above). Every effort will be made to minimize interference with normal daily operations. Contractor's working hours and noise -making work will be coordinated with the PM. 2. Contractor will utilize heavy-duty work separation draping or hard barriers between his work and public or school areas, and will coordinate cutting off or blocking air distribution systems to avoid dust problems. 3. -down area, parking, and access areas with the PM before Contractor will coordinate his lay starting work. 4. The intent of this design is to match the new classroom finishes, colors, and textures with the other classrooms, especially classroom #202, the most recent conversion. Although A/1.08 identifies finish materials, colors, textures, etc., it is the responsibility of the Contractor to work with the PM to obtain matching finishes, colors, textures before placing those orders. Some changes may be necessary due to manufacturer's situations, but only upon the PM's approval. Therefore, the PM's selections will govern over the stated finishes. 5. The original MEP design assumed an eventual change back to classroom use. This project should involve only minor capping, minimal re -ducting, thermostat relocations, etc. The electrical and plumbing will be the same situation — only minor changes are anticipated. Virtually all the systems will require some amount of changing, whether or not mentioned in this document. 6. Certain finishes or materials may require longer ordering lead-time; if so, contractor shall obtain samples in time for selection and ordering. 7. Contractor's Insurance Certificate stating limits will be furnished to the PM upon verbal notification of their selection, pending insurance coverage limits, etc. Contractor to discuss Builder's Risk insurance requirements if any, with PM. 8. There is NO Smoking on school grounds. 9. Contractor will meet with the town responsive weekly to update their progress of the project. 10. Contractor's most be bonded and provide certification. Il. Work on this project must be completed no later than August 4s`, 2006. CLEAN-UP DESCRIPTION 1. The Contractor shall perform such clean-up work as is deemed necessary by the town. 2. The work shall at all time present a neat and orderly appearance and all cleaning up shall be completed and all construction machinery and equipment, surplus materials. 3. The Contractor is require by the town ordinance to use Allied Waste for all waste disposal containers use on the project. SOLID WASTE DISPOSAL DESCRIPTION 1. The Contractor shall dispose of all refuse at a Texas Department of Health (TDH) approved landfill. 2. A list of all landfills having a TDH permit is available at the Arlington Office of TDH. The North Central Texas Council of Governments (NCTCOG) has prepared, for sale, a list of all landfills in the NCTCOG region. The D/FW landfill is listed in the telephone book "Yellow Pages". 3. Alternately, the Contractor may arrange with a Commercial waste firm to simply supply a roll -off bin for disposal purposes. Several private regional landfills are available in the NCTCOG area. The contractor shall determine which method best fits the project requirements. �:. MAR t S e ° W��AtP CERTIFICATE. ii i�5e HOU000680718E0 =D PRODUCER Kholima Maade (214) 303-8419 MARSH USA SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS ERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE THIS CERTITZURICH 4400 Bank One Center AFFORDED CIES DESCRIBED HEREIN. 1717 Main Street Dallas, TX 75201-7357 COMPANIES AFFORDING COVERAGE COMPANY A AMERICAN INS.CO INSURED COMPANY TDindustries, Ltd. B GREAT AMERICAN INSURANCE COMPANY TDlndustnes Management, L.L.C. 13850 Diplomat Drive Dallas, TX 75234 COMPANY C AMERICAN GUARANTEE 8 LIABILITY INS. CO. COMPANY D "-COVERACx$ :. :. ; r,' .,.. I$suaicert(i{patefo,t»epakay per♦odnotpd.btovt... .. . r 'I'tus csrttfipsfzSLiRe[sede anq`P?ases any P7!Mpflsly THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE LIMITS SI TOWN MAY HAVE BEEN RZDUCED BY PAID CLAIMS... CO LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE (MM/DDIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOP AGG $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY GL 03991296-03 01/01/06 01/01/07 PERSONAL B ADV INJURY $ 1,000,000 CLAIMS MADE 1K OCCUR EACH OCCURRENCE $ 1,000,000 OWNER'S B CONTRACTOR'S PROT FIRE DAMAGE (Any one Bre) $ 100,000 MED EXP Any one person)$ 5,000 AUTOMOBILE LIABILITY COMBINED SING'_E LIMIT $ 1.000,000 X ANY AUTO— BODILY INJURY $ C ALLOWNED AUTOS BAP 3991297-03 01/01/06 01/01/07 (Per person) _ SCHEDULED AUTOS-- BODIL+INJURY (Por ec6denn $ %� X HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE 1$ _ GARAGE LIABILITY AUTO ONLY - EEA ACCIDENT $ I OIHtR IMHN AD IU UNLY: vi AUTO EACH ACCIDE NT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B X UMBRELLA FORM TUU 3579008-05 01/01/06 01!01/07 $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 3991295-03 01/01/06 01/01/07 STATIUS OER XT WC ELEACHACCIDENT $ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 THEREOF IET0 X INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Town of Westlake and Manhattan Construction Company shall be named as an Additional Insured on the Commercial General Liability Insurance policy. CERTIF'1CA7 HOLAR :.? _ BHOULO ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Town of Westlake 2650 J.T. Ottinger Rd. Westlake, TX 76262 CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO NAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITB AGENTS ORREPRESENTATATS, OR THE ISSUER OF THIS CERTT`GATE. _ - MARSH USA ENC. BY: William Hines . €1X362? VALMASOF:,04/13/06 LI,I, ;,'- .� , Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, As s t q pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Companies, n the p side hereof and are hereby certified to be in full force and effect on the date her no appoint John R. WARD, Eva LIMMER, Douglas MOORE, E eery Teresa L. SHAFFER, all of Dallas, Texas, EACH its true and law o t q e - xecute, seal and deliver, for, and on its behalf as surety, and as its a an zl r et3i nd r�n�l'er'takings, EXCEPT bonds on behalf of Independent Executors, Comm r Ivo and r cans. and the execution of such bonds or undertakings in pursuance of these s pssoa.1 ii'n pon said Companies, as fully and amply, to all intents and purposes, as if they had been duly e wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own pr r. This power of attorney revokes that issued on behalf of John R. WARD, Eva LIMMER, Douglas MOORE, Emily MIKESKA, Sherry MESQUITA, dated February 25, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 9th day of June, A.D. 2005. ATTEST: 8 State of Marylandss. 1 . I City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Gregory E. Murray Assistant Secretary By: Theodore G. Martinez On this 9th day of June, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. °isi mrir, �lltfl f141\"``\ POA -F 168-2900 Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 Fidelity and Deposit Companies o Home Office: 3910 Keswick Road Baltimore. NM 21211 gwip IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-654-5155 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 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. 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. S8543f(TZ)(08/01) Section 8.3 AGREEMENT THIS AGREEMENT is dated as of theday of in the year 2006, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Manhattan Construction Company. (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: Civil Campus Expansion from Classroom Conversions Pod E Article 2. General Contractor The Town General Contractor who is hereinafter called Manhattan Construction Company (MCC) and who is to act as OWNER'S representative, assume all duties and responsibilities and has the rights and authority assigned to MCC 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 commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within 45 calendar days as provided in the General Provisions and Requirements. 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. e- 1 RI 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 OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article b. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Proj ect. 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 MCC, it be necessary. 7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and MCC 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 parry 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 MCC 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 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 8. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. Bid Proposal consisting of five (6) pages 8.2 Instructions consisting of three (4) pages. 8.3 This Agreement consisting of four (4) pages.. 8.4 Project scope classroom conversion consisting of two (2) pages. 8.5 Construction Plans consisting of fourteen (10) sheets. 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 parry hereto of any rights under or interests in the Contract Documents will be binding on another parry hereto without the written consent of the parry 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. 10.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other parry hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five copies of the Agreement. Three counterparts have been delivered to OWNER, and one counterpart each has been delivered to MCC and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by MCC on their behalf. This agreement will be effective on the day of June, 2006. TDIndustries, Ltd. By: TDIndustries , LLQ OWNER: CONTRACTOR: its generalpartner Town of Westlake, Texas -0 Trent Petty, Town Manager ATTEST: Jean Dwinnell , Town Secretary Address for giving notices: Address for giving notices: 2650 J. T. Ottinger Road l Ilo'w ze." Westlake, Texas 76262 List name of person to whose attention notices are to be sent: Do, a e - (If CONTRACTOR is a Corporation, attach evidence of authority to sign. ) x T f I CERTIFICATE NUMBER MARSH # HOU-000680718-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Kharima Maude (214) 303-8419 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE MARSH USA POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 4400 Bank One Center AFFORDED BY THE POLICIES DESCRIBED HEREIN. 1717 Main Street COMPANIES AFFORDING COVERAGE Dallas, TX 75201-7357 COMPANY A ZURICH AMERICAN INS.CO INSURED COMPANY TDlndustries, Ltd. B GREAT AMERICAN INSURANCE COMPANY TDlndustries Management, L.L.C. 13850 Diplomat Drive Dallas, TX 75234 COMPANY C AMERICAN GUARANTEE & LIABLITY INS. CO. COMPANY D :CQVERAGES �. ihls Opocats supersedpg,. r places any prpyipuisiy issued cee#i�t t6%rthe,,OgjicY peri noted bela y THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DDIYY) POLICY EXPIRATION DATE(MMIDD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY GL 03991296-03 01/01/06 01/01/07 CLAIMS MADE � OCCUR PERSONAL&ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 100,000 MED EXP Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 X ANY AUTO BODILY INJURY $ C ALL OWNED AUTOS BAP 3991297-03 01/01106 01/01/07 SCHEDULED AUTOS (Per person) BODILY INJURY $ (Per accident) X X HIRED AUTOS NON-0WNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 BX UMBRELLA FORM TUU 3579008-05 01/01/06 01/01/07 $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 3991295-03 01/01/06 01/01/07 TH— X TORY R STATU- LIMITS OER _ EL EACH ACCIDENT $ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEE $ 1,000,000 T ER DESCRIPTION OF OPERATION S/LOCATIONSIVEHICLES/SPECIAL ITEMS RE: Town of Westlake and Manhattan Construction Company shall be named as an Additional Insured on the Commercial General Liability Insurance policy. CERT FICATE"HOLDE9 'CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL —30 DAYS WRITTEN NOTICE TO THE Town of Westlake 2650 J.T. Ottinger Rd. CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Westlake, TX 76262 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: William Hines ii1[D7Q2 VALID AS OF: 04/13/06 FIDELITY AND DEPOSIT ComPANY OF MARYLAND CoLoNIAL AmERicAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. BOX 1227 BALTIMORE, MD 21203 That we, . TDIndustries L.td. (Here insert the name and address or legal title of the Contractor) Colonial American Casualty and Surety Company as Principal, (hereinafter called the "Principal"), and of Baltimore, Maryland, a corporation duly organized (Here insert the name of the Surety) under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound unto Town of Westlake (Here insert the name and address or legal title of the Owner) 2650 J. T. Offin er Rd Westlake. TX as Obligee, (hereinafter called the "Obligee"), in the sum of - Five Percent of the Greatest Amount BidI A R --Dollws ($ C 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. WHERAS, the Principal has submitted. a bid Westlake School POD "E" Renovations 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 bond 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 flumished in the prosecution thereof, or in the event of the failure of the Piincipal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the diMrence 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 of--A-P-fil-----------A.D."-?006 I Maness t 0 hgem&-_nt, LLG, (SEAL) ;ts geneiral Prfftner Principal By: Michael J. Fitzpatrick Managinoftor C3 M�ELI TY AND DEPOSff COMP 0 COLONIAL AMERICA . 7A Danine Van Fossen Witness Teresa L, Shaf ConformED A� 1wtimft of Arch Dmanwaz A-010, Febms.vy 1 970 MOon, (SEAL) INDEMNIFICATION BY C&RTRACTOR Town shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all.,suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of Town, without; however, waiving any governmental immunity available to the Town under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however, that the indemnity provided for in this section shaij app-ly only when the negligent act of Town is a contributory cause of the resultant injury, death, or damage, and -shall have -no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the Town for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. i TOWN OF WESTLAKE TDINDUSTRIES, LTD APRIL 2006 INDEMNIFICATION BY CONTRACTOR: add at end of paragraph... "Notwithstanding anything to the contrary, where such loss, damage, injury or liability is caused by the partial negligence of the Contractor or Town, each party will proportionally accept its responsibility." Town of Westlake: By: TDIndustries Management, LLC Its general partner. , THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN FIVE (5) DAYS AFTER THE DATE OF WRITTEN NOTICE TO COMMENCE WORK, AND TO SUBSTANTIALLY COMPLETE THE WORK ON WHICH HE HAS BID WITHIN 45 WORKING DAYS AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK FOR 4% Greatest Amount Bich ($ 4% GAB ) DOLLARS, ORA PROPOSAL BOND IN THE SUM OF ( 1 DOLLARS, 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 TEN (1 Q) DAYS AFTER THE DATE ADVERTISED FOR THE RECEPTION OF BIDS AND THE UNDERSIGNED FAILS TO EXECUTE THE CONTRACT AND THE REQUIRED BOND WITH THE OWNER, UNDER THE CONDITIONS HEREOF, WITHIN FIVE (5) 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 CONTRACT DOCUMENTS RELATIVE TO THE WORK COVERED BY THE ABOVE BID. RESPECTFULLY SUBMITTED: Bid Bond SURETY DEPARTMENT Aka`l' THE HARTFORD KNOW ALL MEN BY THESE PRESENTS, Thatwe, JMEG, LP Me • %0 • r 2941 Trade Center Drive #200, Carrollton, TX 75007 as Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company a corporation created and existing under the laws of the State of CT whose principal office is in Hartford, CT as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Westlake 2650 JT Ottinger Rd., Westlake, TX 76262 as Obligee, hereinafter called the Obligee, in the sum of Four Percent of Amount Bid Dollars 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 Classroom Conversions Pod E, Westlake, TX 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 terns of such bid, and give such bond 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 Attest By:0(;4�41 42��- Witness F By: 8th day of May A.D. 2006 JMEG, LP (SEAL) By ,tefSs� �'4 SjZ, Hartford Fire Insurance Company (SEAL) J r By:f� (Title) Elnora Cruthis Attorney -in -Fact Hr= ATI'ORLi Flwtfoid Pine Insurance Company Hartford Casualty Insuzance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartfoxd Insurance Company of Illinois Hartfoxd insurance Company of'the Midwest Hartford Insurance Company of'the Southeast Please addxess inquiries regarding Claims foz 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 860-54'7-8265 E-mail claims@1 stepsurety com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 640 Asylum Avenue Hartford, CT 06115 Direct lnquiries/Clairas to; '111I T THE HARTFORD P 0 W _E"R 0 F Al'"T 0 RN JE y BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 46-506046 ® Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ® Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana ® Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 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: Darrin J. Weber, Elnora Cruthis, Sue Holt, Melinda Trevino, Emily R. Terhune of Dallas, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) 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 July 21, 2003 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. s!;,A 8 ? � „� G3 19 7 S ,r°�o.g ��,J ot . rl-� Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; 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. �'s' p� J ° " Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that The above �(16i,#gregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Y ti GG VUub Signed and sealed at the City of Hartford. og'��N �'..s4 r�`' drA 'e A�� b � ynrt;t1i9i5g XNOirif .,,. i ` j} Gary W. Stumper, Assistant Vice President POA 2004 That we,. TDIndustries, Ltd. (Hem insert the name and address or legal title of the Contractor) 11 A. 13850 Qi lomgkt Dallas. T xas 752 4 as Principal, (hereinafter called the "Principal"), Colonial American Casualty and Surety Company and of lialtimore, Maryland, a corporation duly organized (Hem insert the ram of the Surety) under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound unto Town of Westlake (Here insert the name and address or legal title of the Owner) 2850 JT Ottinger Road Westlake, Texas 76262 as Obligee, (hereinafter called the "Obligee"), in the sum of— Five Percent of the Greatest Amount Bid —Dollars ($ gGAB —.—), 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 Classroom Conversions Town of Westlake 2850 JT Ottinger Road Westlake, Texas 76262 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 bond 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 into 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. 11th —day of_ may Witness D FIDELITY AND DEPOSIT COMPANY OF MARYLAND Z COLONIAL AMERICAN CASUALTY AND SURETY COMPANY '44 a By- (SEAL) rasa L. Shaffer A griftess Douglas Moo, Attorney -in -Fact 7-Ide C325b(TX) Confdt= to AMcricaq InStkuW of Document A-310, February 1470 Edldm PUBLIC WORK Bond No: 8793923 STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE AS AMENDED BY THE 73rd LEGISLATURE, 1993 (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, TDIndustries, Ltd. (Here insert the name and address or legal title of the Contractor) 13850 Diplomat Dallas, Texas 75234 (hereinafter called the Principal), as Principal, and Colonial American Casualty and Surety Company (Here insert the name of the Surety) a corporation organized and existing under the laws of the State of Maryland , with its principal office in the City of Baltimore (hereafter called the Surety), as Surety, are held and firmly bound unto Town of Westlake Westlake, Texas (Here insert the name of the Obligee) (hereinafter called the Obligee), in the amount of Eighteen Thousand Thirty Nine and 00/100**** (Hue insert an amount equal to the total contract price) Dollars ($ 18,039.00*** ), for the payment whereof. the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated theIst day of May -L- 2006 to 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 perform the work in accordance with the plans, specifications 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 by Acts of the 73rd Legislature, 1993, 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, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 31st day of May 2006 WI h SS, INDIVIM �OR FIR" ATTEST: (IF CORPORATION) "4 TDIndu dik' ries, Ltd. (SEAL) (SEAL) CorporateItmanager By: Laura Frankos (SEAL) Principal (SEAL) Colonial rican C#i4qlty apd Surety Company I "q- Saar ' By (SEAL) /T,,,,a L. Shaffer Attorney -in -Fact t. Bond No. 8793923 STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TERAS GOVERNMENT CODE AS AMENDED BY THE 73rd LEGISLATURE, 1993 (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, TDIndustries, Ltd. (Here insert the name and address or legal title of the Contractor) 13850 Diplomat Dallas, Texas 75234 (hereinafter called the Principal), as Principal, and Colonial American Casualty and Surety Company (Here insert the name of the Surety) a corporation organized and existing under the laws of the State of Maryland , with its principal office in the Citv of Baltimore (hereinafter called the Surety), as Surety, are held and firmly bound unto Town of Westlake Westlake, Texas (Here insert the name of the Obligee) (hereinafter called the Obligee), in the amount of Eighteen Thousand Thirty Nine and 00/100**** (Here insert an amount equal to the total contract price) Dollars ($ 18,039.00*** ), for the paymentwhereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 31st day of May 2006 to Civil Campus Expansion from Classroom Conversions Pod E Westlake School Westlake, Texas 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 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 as amended by Acts of the 73rd Legislature, 1993, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 31st day of May 2006 W�' MMV SS ' (IF IVII}UAL; FIRM) t ATTEST: (IF CORPORATION) TD . dtis les, Ltd. (SEAL) By: Laura Frankos Corporate Credit Manager (SEAL) (SEAT,) Principal AL) act Bond No.8793923 K'NOW ALL MEN BY THESE PRESENTS: That, TDIndustries, Ltd., as Principal, and Colonial American Casualty and Surety Company, a corporation organized under the laws of the State of Maryland and authorized to do a surety business in the State of Texas, as Surety, are held and firmly bound unto the Town of Westlake in the sum of Eighteen Thousand Thirty Nine and 00/100 ($18,039.00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 31 st day of May, 2006. WHEREAS, on the 31St of May, 2006, the said TDIndustries, Ltd., as contractor, entered into a contract for Civil Campus Expansion from Classroom Conversions Pod E Westlake School for the sum of Eighteen Thousand Thirty Nine and 00/100 ($18,039.00); and, WHEREAS, under the terms of the specifications for said work, the said TDIndustries, Ltd is required to give a bond for Eighteen Thousand Thirty Nine and 00/100 ($18,039.00), to protect the Town of Westlake against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until May 31, 2008 . NOW, THEREFORE, if the said TDIndustries, Ltd shall for a period of one year from and after the date of the completion and acceptance of same by said TDIndustries, Ltd replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. "I 990-4� By: Laura Frankos Corporate Credit Manager Colonial erican C,,wualty and Surety Company BY - (Teresa L. Shaffer ATTORNEY -]N -FACT Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY a D COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, As 'sZ"n _ pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Companies, w the side hereof and are hereby certified to be in full force and effect on the date her p ppoint John R. WARD, Eva LIMMER, Douglas MOORE, E er Teresa L. SHAFFER, all of Dallas, Texas, EACH its true and law e t e , xecute, seal and deliver, for, and on its behalf as surety, and as its a�aan 0ind n ertakings, EXCEPT bonds on behalf of Independent Executors, Comm vo and r Bans. and the execution of such bonds or undertakings in pursuance of these p s s, s al n pon said Companies, as fully and amply, to all intents and purposes, as if they had been duly e wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own prr rsons. This power of attorney revokes that issued on behalf of John R. WARD, Eva LIMMER, Douglas MOORE, Emily MIKESKA, Sherry MESQUITA, dated February 25, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 9th day of June, A.D. 2005. ATTEST: ��,9 Df P pst0 SEAL I o ro State of Maryland ss: City of Baltimore Gregory E. Murray Assistant Secretary 7 By: Theodore G. Martinez On this 9th day of June, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Iter Y��tle\�� POA -F 168-2900 Constance A. Dunn Notary Public My Commission Expires: July 14, 2007