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Home My WebLink AboutRes 06-24 Authorizing a Contract with Modernfold Door and SpecialtiesTOWN OF WESTLAKE RESOLUTION NO. 06-24 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING A CONTRACT WITH MODERNFOLD DOOR & SPECIALTIES OF DALLAS/FT. WORTH, INC. 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 Modernfold Door & Specialties of Dallas/Ft. Worth, Inc. to provide all materials and labor for the movable partition doors and support system for the classroom conversions of Pod E, as attached Exhibit "A", is sufficient to meet the public need; and WHEREAS, the construction cost of this project has been included in the adopted 2005/2006 budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF 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 Modernfold Door & Specialties of Dallas/Ft. Worth Inc. 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 8" DAY OF MAY, 2006. ATTEST: JJAn Dwinnell, Town Secretary Scott Bradley, Mayor Trent O. Petty, Town Ma ger EXHIBIT A Civic Campus Expansion FROM jl-iv c�t'� 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" 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 17th 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 21th through Monday, April 12'h from gam 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 HUBIMBEr`W BE business enterprises. Bid Proposal Section 8.1 WESTLAKE SCHOOL CLASSROOM CONVERSIONS BID PROPOSAL 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, magneticterasable wall panels, carpeting & vinyl flooring, painting & wail 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. Pursuant to the foregoing notice to bidders, the 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 # Approximate Description of Items with bid prices written in Quantity words Unit Price Total Amount " Furnish and install, including all appurtenant work, complete in piace, 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 LS 8 Dollars and Cents Power 1 Demolition & debris removal see A1.01 for a LS sum of: S Dollars and Cents 2 GFCI plugs and data outlets see A1.04 for a EA sum of: S S Dollars and Cents 3 Light fixture and PA speaker see A1.03 for a EA sum of: 5 S and Cents 4 LS For all Conduit see A1.04 for for a sum of: $ $ Cents 5 Telephone & Data stub ups installed see AI.04 EA for for a sum of : $ Dollars and Cents 6 Fire alarm strobe device removed and installed EA see AI.04 for for a sum of: $ $ Dollars and Cents 7 Branch circuitary installed see AI.04 for for a EA sum of: $ $ Dollars and Cents Please note: The doors and frames will be reused in the project. Ali 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 EA Lockers see A1.011 for a sum of Dollars and Cents 4 5 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: $ $ Dollars and Cents Doors, Frames & Hardware 1 EA 3 Doors see A1.02 for a sum of: $ $ Dollars and Cents 2 Set Door hardware see A1,02 for a sum of: $ $ Dollars and Cents 3 Remove & reinstall corridor doors and plan room EA door see A1.02 for a sum of: 5 $ Dollars and Cents 4 Movable partition doors see A1.08 for a $ $ f» LS sum of VJCS t1 T+�bu�r�lp TIM :E AJ f�cr�,l�r� Dollars C>,/, TY – F–/ V E and Cents 5 Movable partition support system see Al AS LS for a sum of: $--� rp f >rL ;tJau S,g-IVD AP nlC 14cl A14,) 2a Dollars /fiy� � T Xls IZ.lf',E t5 SFVlC A"r� — �IE and N6 Cents Glass & Glazing � i C 1 OA1 P(;—% Ie- -L- EA Door glazing see A1.05 for a slim of: $ $ Dollars and Cents 2 Clearstrory glazing see A1.05 for a sum SF of : $ S Dollars and Cents Mechanical system 1 Remove grilles and duck work in file rm see LS A1.01 for a sum of: $ 5 2 Install louver in C.R.203 see A1.04 for a LS sum of: g $ 3 Building management adjustment fora LS sum of: $ $ DRYWALL LS for a sum of : $ S Dollars 1 Cents Demolition & removal see A1.01 for a SF VCT flooring see A1.02 for a sum of: $ S LS sum of: and $ a Sy Carpet see A1.02 for a sum of : Dollars Dollars and and Cents 2 LS Rough carpentry see A1.02 for a sum of: $ $ Dollars and Cents 4 LS Drywall partitions see A1.02 for a sum of : $ $ Dollars and Cents 5 Corridor in fili partition (Temp) see A1.02 LS for a sum of : $ $ Dollars and Cents 6 Fry reglet reveal work see A1.01 for a LS sum of: $ $ Dollars and Cents 7 Plastic barrier from floor to ceiling on eastside of LS corridor for a sum of: $ $ Dollars and Cents Carpet & Resilient Flooring 1 Demo flooring & debris removal see A1.01 LS for a sum of : $ S Dollars and Cents 2 SF VCT flooring see A1.02 for a sum of: $ S Dollars and Cents a Sy Carpet see A1.02 for a sum of : $ $ Dollars and Cents 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 ; $ g Dollars and Cents Painting & Walt Covering 1 Tape, Bed & Paint drywall see A1.02 LS for a sum of : $ S Dollars and Cents 2 Magnetic marker board see A1.01 for a SF sum of: $ $ Dollars and Cents 3 Support system for movable partition panels see L5 A1.08 for a sum of: $ $ Dollars and Cents 4 Fabric wrapped Acustical panels see A1.05 for a LS sum of Dollars and Cents Security system 1 Remove security camera see A1.01 for a sum of LS $ $ Dollars and Cents 2 LS Install two card readers see A1.08 for a sum of: $ $ Dollars and Cents Total Amount Bid Per Trade $ Q Total Amount Bid for Project S $ Addendum Receipt is acknowledged of the following addenda: Addendum No.1 Addendum No. 2 Addendum Nc. 3 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 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, two 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 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 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, tie undersigned hereby declares that he visited the site and has carefully examined the contract documents relative to the work avered by the above bid. Respectfully Submitted, Contractor _1`A IC, - By: Name Printed Title rl? F.�5 Address: Z --)A Phone #- ) Section 8.2 WORK TO BE DONE INSTRUCTIONS 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 & waIl coverings, and alarm systen-L Mechanical -Electrical -Plumbing and Fire Protection systems, and communications/data system wiring, See sheets A 1.01 — A 1, 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. 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. 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 furnished 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`h, 2006 and must be completed on later than August 0', 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 furnish 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. Workerman's Compensation 2. Commercial General Liability (Public) Products ComplOps 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 furnished 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 I. T. Ottinger Road, Westlake, Texas76262. 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 farce 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. BIDDERS 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 FORMS REQUIRED BY THE TOWN OFWESTLAKE 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) 8. 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 shall apply 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. Company Name (Contractor) ig�J Lure R Name (Please Print) 12L,_f _.S ./ D e�✓r Title 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. RESPECTFULLY SUBMITTED: ef BY: p/ 712 4 i SEAL - IF BIDDER A CORPORATION THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Modernfold Door .& Specialties of Dallas/Fort Worth Inc. 2952 BI stone Lane Dallas TX 75220-1504 as Principal, hereinafter called the Principal, and The Guarantee Company of North America USA 101 East Park Boulevard, Suite 817. Plano. TX 75074 a corporation duly organized under the laws of the State of Michigan as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Westlake as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), 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 Civil Campus Expansion - Classroom Conversions POD E 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 materials 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 perforin 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 r f MelissA Ramirez 14th ('Witness) day of Aoril , 2005 Modernfold Door & Specialties of Dalias/Fort Worth, Inc. (Principal) �— (Seal) (Title) The�ntee Compq (riy 9�rth America USA r (5uretyW, (seal) Steven E. White AIA DOCUMENT A310 0 BID BOND • AIA • FEBRUARY 1970 ED. i THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 (Title) THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State orMichigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Edward Arens, Philip Baker, Steven E. White, Don Weidenfeller, Ray Garcia, Jr. Summit Global its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise: The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA.USA at a meeting held on the 31' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and To revoke, at any time, any such Attomey-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 3l' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this o°ree coy 20r' day of January, 2005. THE GUARANTEE COMPANY OF NORTH AMERICA USA y� J AMER�Gp STATE OF MICHIGAN County of Oakland Stephen Dullard, Vice President On this 20" day of January, 2005 before me came the individual who executed the preceding instnunenl, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA, that the seal affixed to said instrument is the Corporate S eat of said Company; that the Corporate Seal and his signature were duly affixed by order of the Boavd of Directors of said Company. Gail Trevor IN WITNESS WHEREOF,1 have hereunto set my hand at The Guarantee =tj Notary Public, State of Mi'chi'gan Company of North America USA offices the day and year above written. r County of Macomb My Commission Expires August 2, 2005 .� Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 14th day of April 2006. �,�typ,N7F� CQy 4 GP �iAM€a` Randall 1Vlnsselman, Secretary IMPORTANT NOTICE TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact The Guarantee Company of North America USA at 800-795-5508 to make a complaint or for information regarding this bond. You may write to The Guarantee Company of North America USA at: Claim Department 8000 Midlantic Drive, Suite 41 ON Mt. Laurel, NJ 08054 You may also contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND DOES NOT BECOME A PART OF OR A CONDITION OF THE ATTACHED DOCUMENT. IT IS GIVEN TO COMPLY WITH SECTION 2253.048, GOVERNMENT CODE, AND SECTION 53.202, PROPERTY CODE, EFFECTIVE SEPTEMBER 1, 2001. Section 8.3 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of they day of May in the year 2006, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Monerfold door & Special Ties of Dallas/Ft. Worth, Inc. (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 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 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 Pians 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 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. 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. This agreement will be effective on the day of May, 2006. OWNER: CONTRACTOR: Town of Westlake, Texas [n&k��CSiACi`Pbca:- % 5pL(_ic._ 1-6'�5 Trent Petty, Town ager` T`yo-V- trt f V ATTES Jean Davi ell, Town Secretary v t eoe it Roccz`�naj , x Yn CL'nut Address for giving notices: Address for giving notices: 2650 J. T. Ottinger Road ' [ I r - C--'_ Westlake, Texas 76262 l l u V 7�5-"4ao List name of person to whose attention notices are to be sent: c#e.n,t,, ay or' (If CONTRACTOR is a Corporation, attach evidence of authority to sign. ) Section 8.4 PROJECT SCOPE WESTLAKE SCHOOL CLASSROOM CONVERSIONS POD E 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 Al. 1l. 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`h 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 ofd' or blocking air distribution systems to avoid dust problems. 3. Contractor will coordinate his lay -down area, parking, and access areas with the PM before 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 before1p acing 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. S. 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. 11. Work on this project must be completed no later than August 4', 2006. EXPERIENCE RECORD List of projects bidder has successfully completed: Amount of Contract Award Type of Work Date Name and Address Accepted of Owner t -6)a TUU. rxy C�er��c iL�c�1�s 3i a< [ K.p iier A i.c.+-'� yZe4 3j��fr Keiler, as -F8 1 C). [�+�2.iG-Vol-e__ LLQ. i`j I as f i � $� Pt e-ibcpki Ai'�Z14 � nd`E'i('4]I i1GF�'� 'L S !'�. ,a40 -u crp er&i6—e k�— AaIIola �ai I�C[.yC nJGte 7�E� 74, 1�.5�e.li �.x.e�.in� 15 35, 050.07 0-P c��.i� �-t�Gi1l5 .Si C'') �Yi c List of projects bidder is now engaged in completing: Amount of Contract Award Type of Work Date frame and Address Accepted of Owner List of Surety Bonds in force on the above uncompleted work: Amount of Amount of Name of Surety Contract Award Bond Company N7 6v n% n.5 /ry PLI? c-' 14 T TI M � . Co nuc SpA "Y H 1 5 r 11 Acknowledgment on next page must be filled in. :54-C i 100 DC , -J TQC 1 C). [�+�2.iG-Vol-e__ LLQ. i`j I as f i � $� Pt e-ibcpki Ai'�Z14 � nd`E'i('4]I i1GF�'� 'L S !'�. ,a40 -u crp er&i6—e k�— AaIIola J r�iJa Lii Lc*,'l—e4LM,ie aG is i=linuv-prc —Lx% List of Surety Bonds in force on the above uncompleted work: Amount of Amount of Name of Surety Contract Award Bond Company N7 6v n% n.5 /ry PLI? c-' 14 T TI M � . Co nuc SpA "Y H 1 5 r 11 Acknowledgment on next page must be filled in. Submittedby: MoDr-- D!t tyft5`/Fr. Harz -i 11 EXPERIENCE RECORD CONTINUED DDO,Z a partner an individual 1 n/� - orporation with principal office at D A t,l-r�f2 IM tt-4 s, ?-A. 75-22-0 TO BE FILLED IN BY CORPORATION TO BE FILLED IN BY PARTNERSHIPS: Date Incorporated -7 Under the Laws of / C -7X 4-5 ( State) Executive Officer State of T -E x I-) Date Formed L111 I e%7 State whether partnership is general limited or associated. List of Members: County of PA L L-A eT-(/ IV M 2 4,f -Al -Al , being duly sworn, deposes and says that he is the E-:-",' of M o Q LO De?0/,;' e Spi (Title) (Name of Organization) t,",q�! rw . and that the answers to the foregoing questions on the attached forms and all statements herein are true and correct; that the experience record is made a part of this affidavit as through tiATritten in full herein, and all statements and answers to questions given in the above mentioned experience record are true and correct. (Stgnatur Sworn to before me this C + rt day of 4c"� 20 (-) o . My Commission Expires:j� (Seal) w C) ' kota-�-• - Public General Provisions CLEAN -HP 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. FROH (MON)APR 10 2006 15;08/ST. 15:08/No, 6812847378 P 2 Contractor's Certification of Workers' Compensation an authorized representative of TRALl-/ceS .77.uSu/Ia flo E' Cf n do certify (insurance company) that the workers'' compensation policy, of the Insured Tm,'_ on the 'Certificate of Insurance' (contractor's company) meets all current Texas state laws and requirements. 7 dress: 1 76 7 A;;� (Si it ) 14 qLT,u f Y= 774771 Title: f9C T Date: 4( l4 --Q On this + day of _ E r . 200(o , personally appeared LeiLA,q(,. an authorized representatiVe of r zo_S . co - known to me to be the person whose name is subsCrlbed to the foregoing instrument and acknowledged to me that helshe executed the same for the purpose of certifying that the Insured Is covered by workers' compensation In accordance with current Texas state laws. My commission expires: ' _�. Notary Public In and For the State of Texas S I.2 .a " ,'� TERI L ERWIN ?'. Nmary Public, State of Texas My Gommiasion Expires Auguai 09, 2009 ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(WWDDIYYYY) 12/14/2005 PRODUCER Assurance One of Texas, LLC 11767 Katy Freeway, Suite 930 Houston TX 77079 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND COMPF-RS NO PJOWTS UP6N THE CEaTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED ModernEold Door & Specialties of Dallas/ Ft. Worth, Inc. 2952 Blystone Lane Dallas TX 75220 INSURERA: Travelers Insurance wsum:Re- Service Ll4 ds INSURER C, INSURER 04SUFZERE r^V rc=A f_CC 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TX ADO'i INSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(feM1DDPM POLICY EXPIRATION DATE(MMIDOMI LIMITS GENERALLIABILTIY I6607505AOSO 05/01/2005 05/01/2006 EACHOCCURRENCE s 1,000,000 FA X COMMERCIAL GENERAL LIABILITY TO RENTED PR�jFESgoarrentel, 5 100,000 CLAIMS MADE Fx-� OCCUR I one orsm) S 5,000 MED EXP LAm PERSONAL& ADV INJURY S 1,000,000 X Contractural Liab. GENERAL AGGREGATE 5 2,000,000 GEWLAGGREGATE LIMIT APPLIES PER: PRODUCTS •COMPIOPAGG S 2,000,000 X POLICY 0 JECT LOC A AUTOMOBILE X LIABIUrY ANY AUTO CAP4757A695 05/01/2005 05/01/2006 COMBINED SINGLEUMFT (Epawdem) S 1,000,000 BODILY INJURY S (Per Pe mmn) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S {Per xpdenl) X X HIREDAUTOS NON-0WNEOAl1T03 PROPERTYGAMAGE S GARAGE LIABILITY AUTOONLY.EAACCIOENT S OTHER THAN EAACC s ANY AUTO AUTO ONLY: AGG 5 A BXCESSRIMBRELLALIABILITY CUP6646W049 05/01/2005 05/01/2006 EACH OCCURRENCE s 2,000,000 AGGREGATE 3 2 , 000 , 000 X OCCUR O CLAIMS MADE 3 S IDEDUCTIBLE s X RETENT1014 S 10,880 B WORKERSCOMPEN$AMONAND SRV13645-04 05/02/2005 05/02/2006 T Y LAK%t ER EMPLOYERS' LIABILITY ANY PROPMETOR(PARTNERPEXECUTWE EL EACH ACCIDENT S 1,000,000 E_LDISEASE- EAEMYLOYEES 1,000,000 OFFICERNIEMBEREXCLUDED? N yes, desenbe under SPECIAL PROVISIONS below E.L.OlSEASE- POLICY LIMIT I 5 1,000,000 OTHER DESCRIPTION OF OPERAT*HSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISEONS ^ m— (:ANf_FI i ATWIM ACORD 25 (2009108) 57 AGU KL) UL)KtIUKA 1 i0N 1786 r(yy INS025 (6108).05 £I.ECTROW LASER PORmS, INC. -1800}727-05++5 Pena I W 2 'fi �M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE *****For Informational Purposes Only***** EXPIKALTION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MWL TX 10 DAYS WR=F-N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, aUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KJND UPON THE INSURED ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE + ACORD 25 (2009108) 57 AGU KL) UL)KtIUKA 1 i0N 1786 r(yy INS025 (6108).05 £I.ECTROW LASER PORmS, INC. -1800}727-05++5 Pena I W 2 'fi �M IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). It SUBROGAPON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon_ 4CORD 25 (20DU08) vg_ INS025(0+0e)-01 Pa9 zc�z 1 I N 77,- r1 1 z 1 Tia !c0 ex chi �rT TO G7 9 `36v21 rC96.t$3'2? _ P ry21 fT �-. L�ilvi fV+-�:.u.L..t..• 1.�sSM �.��.... i w COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I--660-7505A080-TLC ISSUE DATE: 5-1--2005 �—. THIS ENDORSEMENT C14ANGES THE POLICY. PLEASE READ ;IT CAREFULLY. ADDITIONAL INSURED -OWNERS, HERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMEROAL GENERAL LIABILMY COVERAGE PART SCHEDULE Hama of Person or Organization: BLA7 KVT As REQUIREt) 8Y WRITTEN CONTRACT (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) '^ WHO 15 AN INSURED (Section II) is amended to include as an Insured tho person or arganizatlon shown In the Schedule, but only with respect to liability arising out of your ongoing operatlons performed for that Insured. CG 20 10 10 93 Copyright, Insurance Services Mice, Inc., 1992 Page 1 of 1 POLICY NUMBER: I-660-7505AGSO-TLC-04 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 5-1-05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO CJS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOA! YOU HAVE AGREED IN A WRITTEN CONTRACT PRIOR TO LOSS TO WAIVE YOUR DIGHT OF RFCOV HOUSTON TX 77041 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL UABIL1TY CONDITIONS) Is amended by the addition of the fol#owing: We waive any right of recovery we may have against the person or Organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services office. Inc., 1992 b63u_� Page I of 1 TE 20 46A CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO USE (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective I Policy Number 5-1-05 1 ll--CAP-4757A69-5-04 Named Insured TRW MODERNFOLD CO, INC_ I. -Countersigned The CONDITIONS entitled "TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US" does not apply to ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS ENDORSEMENT (Name of Person or Organization) Additional Premium $ 250 will be retained by us regardless of any early termination of this endorsement or the policy. FORM TS 20 46A - CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) Texas Standard Automobile Endorsement Prescribed November 1, 1987 WORKERS , compENsATION AND PmPLOYERS I LIABILITY TNS CR POLICY TEXAS WA. VER OF OUR RIGHT TO RECOVER FROM OTHERS ENDt?RSE OOT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3-A. of the information Page. we have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific waiver Nage of person or organization: (X) Blanket waiver Away person or organization for whom the named insured has agreed by written contract to furnish this waiver. 2. Operations: DOOR FRAME 3. Premium The premium charge for this endorsement shall be a percent of the premium developed on payroll in connection with work performed for the above persons) or organization(s) arising out of the operations described. g_ Advanced. Premium Endorsement Effective_ 5-1-05 Policy No. SRVI3645-04 End. Pio, 05 Insured: TRW MODERNFOLD COMPANY, INC. Insurance Company: Service Lloyds Ins. Co. Countersigned by ��/e�t ae.. WC 42 03 04 A TE 99 DIS ADDITIONAL INSURED This endorsement modifies insurance provided under the followin BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below; Endorsement Effective Policy Number 5—Z-05 IL-CAP4757A69-5-04 Named Insured TRW MODERFOLD CO. Countersigned b (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. ANY PERSON OR ORGANIZATION FOR WHOM THE NAME=D INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS ENDORSEMENT (Enter Narne and Address of Additional Insured.) is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable. declared by us shall be paid by you. You are authorized to act for the additional insured in all matters pertaining to this insurance, We will mail the additional insured notice of any cancellation of this policy. if the cancellation is by us, we will give ten days notice to the additional insured, The additional insured will retain any right of recovery as a claimant under this policy. FORM TE 99 GIB - ADDITIONAL INSURED Texas Standard automobile Endorsement Prescribed March 1B, 1992