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HomeMy WebLinkAboutRes 06-27 Authorizing a Contract with Medco ConstructionTOWN OF WESTLAKE RESOLUTION NO. 06-27 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING A CONTRACT WITH MEDCO CONSTRUCTION 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 Medco Construction to provide all labor and materials for the millwork necessary 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 amended budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION I. 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 Medco Construction 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. a, ATTEST: Scott Bradley, Mayor an �Dwim ell, Town Secretary Trent O. Petty, Town) nager APPROV D AS O FORM: Stanton r , T Attorney Civic Campus Expansion FROM CLASSROOM CONVERSIONS POD E April 24`h 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 �ei�Ob 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 , 14th 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 17t" 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 21tr' through Monday, April 12t° 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. ! � 1 1 1 • action 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, magnetiderasable 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. 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 Unit Price Total Amount Quantity words 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 Install two sinks see A1.02 &A1.04 for a sum of LS $ Power 1 Demolition & debris removal see A1.01 for a LS sum of: $ fd0 1 11) 2 GFCI plugs and data outlets see A1.04 for a EA sum of: $ and Cents 3 Light fixture and PA speaker see A1.03 for a EA sum of: $ and Cents 4 LS For all Conduit see AI.04 for for a sum of: $ and Cents '-3 7 Telephone & Data stub ups installed see A1.04 $ $ EA for for a sum of : Dollars and Cents Fire alarm strobe device removed and installed $ $ EA see A1.04 for for a sum Of: Dollars and cents Branch circuitary installed see A1.04 for for a $ $ EA sum of: 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$_.31,103 -DO 150 LF Casework see A1.05- A1.07 for a sum of : Dollars $ c THD= ONE THOUSAND,ONE and Cents 2 EMME tops see A1.06 for a sum SF of : $ n nn 114 Dollars TUILEE THOUSAND FOURHONDAED aTWENlynd enc Cents B 67 Ep, Lockers see A1.011 for a sum Of: $ 583.00 $ 39,064.00 THIRTY NINE THOUSAND AND SIXTY FOUR DOLLARS Dollars Cents and q $ is cnv nn 582 LF Classroom trim see A1.06 for a sum of: $ ^6.82 �--^-- FIFTEEN THOUSAND Sl% HUNDRED AND SEVEN DOTIARC Dollars and Cants 5NA $ 7,938.00 LF Trim in Corridor see A1.05 -A1.06 for a sum of: $ SEVEN THOUSAND NINE HUNDRED THIRTY EICHT DOLLARS Dollars Cents and 6 Staining & finishing millwork see A1.06$ $' U7.0 LS fora sum of: 1W0 THOUSAND THREE EUNURED SIXTY SEVEN DOLLARS Dollars and Cents Sub- TOTAL $ 99,499.00 P 6 P Bond 2,487.00 Total $ 101,986.00 No 510 Doors, Frames & Hardware Ep, 3 Doors see A1.02 for a sum of: $ Dollars and Cents 2 Set Door hardware see A1.02 for a sum of: $ NOSIO Remove & reinstall corridor doors and plan room 3 EA door see A1.02 for a sum of : $ Dollars and Cents Movable partition doors see A1.08 for a 4 LS sum of: $ Dollars and Cents Movable partition support system see A1.08 5 LS for a sum of : $ Dollars and Cents Glass & Glazing 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 Remove grilles and duck work in file rm see LS A1.01 for a sum of: $ Install louver in C.R.203 see A1.04 for a 2 LS sum of: $ 3 Building management adjustment for a LS sum of: $ NOSIO DRYWALL 1 Demolition & removal see A1.01 for a LS sum of: $ Dollars 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 fill partition (Temp) see A1.02 LS for a sum of: $ No 13 0 5 Fry reglet reveal work see A1.01 for a LS sum of: $ 7 Plastic barrier from floor to ceiling on eastside of LS corridor for a sum of : $ Carpet & Resilient Flooring 1 Demo flooring & debris removal see A1.01 LS fora sum of: $ Dollars and Cents 2 SF VCT flooring see A1.02 for a sum of: $ Dollars and Cents 3 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 fora sum of: $ Dollars and Cents Painting & Wall Covering 1 Tape, Bed & Paint drywall see A1.02 LS for a 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: $ Dollars and Cents q Fabric wrapped Acustical panels see A1.05 for a LS sum of: Dollars and Cents Security system Remove security camera see A1.01 for a sum of LS LS install two card readers see A1.08 for a sum of: $ $�_ t,)O (�` 0 and Cents Total Amount Bid Per Trade $ Total Amount Bid for Project $ Addendum Receipt is acknowiedged of the following 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 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, ider 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 visited the site and has carefully examined the contract documents relative to the work covered by the above bid. Respectfully Submitted, MRD(D-NIIJ ORK Contra t r /) By: I 11(y)// Russ �Dxt Name Printed Title V'r f'R PRRS- Address: DALLAS, TEKAS 75237 Phone #: 214-820-9449 V CONSTRUCTION Millwork Division April 13, 2006 Town of Westlake 2650 JT Ottinger Rd Westlake, Texas 76262 817-430-0941 817-430-1812 fax Attn: Debbie Piper -Finance Director Re: Millwork bid for Civil Campus Expansion The following bid is for fabrication and installation of all millwork as shown on the attached scope of work only. Base bid $ 99,499.00 Sales tax 0.00 Sub -total $ 99,499.00 Payment & Performance Bond 2,487.00 Total $ 101,986.00 Millwork to be built according to plans and specifications dated 12-15-05 by GideonToal Architects. Excluded are: All in -wall blocking, framing, or plywood Demolition Plumbing or electrical fixtures All glass or steel, or stainless steel Window sills Overtime for accelerated schedule Please call {with any questions. 214-820-9456. .IJG�IC. David R. Miller Estimator Tack or marker board surfaces Floors Platform framing or decking Post formed tops 8757 Autobahn Drive, Suite 100, Dallas, Texas 75237-3935 • (214) 820-9449 a Fax: (214) 820-9459 0 BAYLOR HEALTH ENTERPRISES, L.P. Westlake School Pod E Renovations B3093 12 -Apr -06 ROOM JELEVATION TYPE LIN. FT. 200 4,5/A1.06 Wood veneer base cabinets 4.5 Wood veneer drawer base cabinet 3 Wood veneer full ht cabinets 7' 6 Plam top 7.5 Wood veneer upper cabinets 7.5 1,2/A1.05 Wood veneer bookcase 16 Plam top 12" 16 Wood veneer base cabinets 10 Plam top 10 Red oak trim 1" X 6" stain/varnish 71 Red oak trim VX 2" @ movable partition wall 48 Red oak base & trim 1" X 4" 75 Red oak door frame 3 X 7 1 Door install labor 1 201 4,5/A1.06 Wood veneer base cabinets 4.5 Wood veneer drawer base cabinet 3 Wood veneer full ht cabinets 7' 6 Plam top 7.5 Wood veneer upper cabinets 7.5 1,2/A1.05 Wood veneer book case 16 Plam top 12" 16 Wood veneer base cabinets 10 Plam top 10 Red oak trim VX 6" stain/varnish 71 Red oak trim VX 2" @ movable partition wall 48 Red oak base & trim 1 " X 4" 75 Red oak door frame 3 X 7 1 Door install labor 1 203 4,5/A1.06 Wood veneer drawer base cabinet 3 Plam top 3 Wood veneer full ht cabinets 7' 6 Wood veneer upper cabinets 7.5 1,2/A1.05 Wood veneer book case 16 Plam top 12" 16 Wood veneer base cabinets 10 Base Bid MEDCO Millwork Division 1 of 2 I I I Plam top 12" 1 101 Red oak trim V X 6" stain/varnish_f 71 Red oak trim 1" X 2" stain/varnish Red oak base/trim VX 4" stain/varnish 1 751 Red oak door frame 3 X 7 ( 1 install labor Red oak lockers - shop finished Each 67 Demo existina lockers/relocate/install 90 Base Bid MEDCO Millwork Division 2 of 2 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 & 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. 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 famished with contract documents and plans. 7. LOCAL LABOR The Contractor, in so fax 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. 9. 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�, 2006 and must be completed on later than August 4b, 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 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 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 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 famished 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 OF WESTLAKE THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND IT'S INSURANCE COMPANY 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 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. l.i�A 11 ' RDSS POUNDS Name (Please Print) VICE PRESIDENT HILLUORK DIVISION Title Chubb POWER Federal Insurance Company Attn.: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL. INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Delbert Tucker, Tracy Tucker , Tobin Tucker of Fort Worth, Texas and W. Lawrence Brown of Dallas, Texas--------------------------'-- ------------------------------------ each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seats to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 13 th day of April, 2001 Sheryl B. Roberts, Assistant Secretary /F k E. Robertson, Vice resident STATE OF NEW JERSEY 1 C/ County of Somerset J On this 13 th day of April, 2001 before me, a Notary Public of New Jersey, persometiy came. Sheryl B. Roberts, to me Imown to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Paver of Attorney, and the said Sheryl B. Roberts being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and (mows are corporate seals thereof, that the seals affixed to the foregoing Paver of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Paver of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Frank E. Robertson, and knovvs him to be Vice P nt of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. R thereto subscribed by authority of,6ardBvdLaas,apd in deponents presence. �o �F Notary Public State of New Jersey No. 2231647Q pig P Notary Public w COmmission EVireS k 282004canoN Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Sheryl B. Roberts, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Compantes") do hereby certify that (i) the foregoing extract of the By -Laws of the Companies is true and correct, (k) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U. S. Treasury Deparbrient; further, Federal and Vigilant are hoensed in Puerto Rico and the U. S. Virgin Islands, and Federal Is boe sed in American Sanaa, Guam, and each of the Provinces of Canada except Prince Erhard Island; and (ti) the foregoing Power of Attorney is true, coned and in full force and effect. April, 200 6 Given tinder my hand and seals of said Companies at Warren, NJ this day of 00; _*_ f u i2 hvaAp� JhscgttrM 'I'EW yp0.'L" b s i4= �a Sheryl B. Roberts, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@rhubb.com 15 -ITA 463) CONSENT Bid Bond Surety Department KNOW ALL MEN BY THESE PRESENTS, That we, Baylor Health Enterprises, L.P. dba MEDCO CONSTRUCTION, as Principal, hereinafter called the Principal, and the Federal Insurance Company, a Corporation created and existing under the laws of the State of Indiana, whose principal office is in Warren, NJ, as Surety, hereinafter called the Surety, are held and firmly bound unto the Town of Westlake, Texas, as Obligee, hereinafter called the Obligee, in the sum of Four Percent (4%) of the greatest 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 Westlake Civil Campus Expansion 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 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 14th day of April, A.D. 2006. Attest: IC 5 or Health Enterprises, L.P. MEDCO CONSTRUCTION (SEAL) Witness: Federal Insurance Company Pt� S"/ Tra T � ney-in-Fact- (sanr.) Foran S-3266-4 Printed in U.S.A. 12-70 Section 8.3 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the qday of May in the year 2006, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Medco Construction (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 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 lirrted 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. This agreement will be effective on the 1 -7 day of May, 2006. OWNER: CONTRACTOR: Town of Westlake, Texas By: By: Trent Petty, Town Mana e a ATTES 0(09 Jean Dw' ell , Town Secretary Address for giving notices: Address for giving notices: 2650 J. T. Ottinger Road 5 7t) 6 !"ash!' 6r tO'O Westlake, Texas 76262 : Q a&. . Z3 I 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 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 — 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`" 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. 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 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 govem 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. 11. Work on this project must be completed no later than August 451, 2006. General Provisions 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. EXPERIENCE RECORD List of projects bidder has successfully completed: Amount of Contract Award Type of Work List of projects bidder is now engaged in completing: Amount of Contract Award Type of Work see attached Date Name and Address Accepted of Owner Date Name and Address Accepted of Owner List of Surety Bonds in force on the above uncompleted work: Amount of Contract Award see attached Acknowledgment on next page must be filled in. Amount of Bond Name of Surety Company EXPERIENCE RECORD CONTINUED a partner Submitted by: BAYLOR HEALTH ENTERPRISES LP DBA HEDCo CONSTRUCTION -urindividual a corporation with principal office at 8757 Autobahn Dr., snit' 100 TO BE FILLED IN BY CORPORATION Date Incorporated January 1985 Under the Laws of Texas (State) Executive Officer Demard Freeman TR 75237 TO BE FILLED IN BY PARTNERSHIPS: Date Formed State whether partnership is general limited or associated. List of Members: ibnis Schindler J.ydia Jumomille State of Texas County of Dallas Russ Pounds being duly sworn, deposes and says that he is the vice 2resident 11111work Division of Baylor Health Enterprises L.P. DBA 1�DCo Construction (Title) (Name of Organization) 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 written in full herein, and all statements and answers to questionsgiven in the above mentioned experience record are true and correct. r Sworn to before me this 20ob_• My Commission Expires: a/'d,01 cq (Seal) zo aro �c p�EUSSSA D. CARROLL Notary Public Texas My Commissioncion Expires February 20, 2009 W - day of ry og� W 2�:v-C m r0 o m w m 0 w c N 0 X(D m (m N 4 x 3 0� o m m 'o m �. a{� i c c v� m= 3 m 2 3 w d o CD m O D O d N G) �I j m cn C7 7 -0 -0 N a n m 2 m 0. 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N 0 v x h (D !y En HYK-1J-Cbl�b 1C:Jtl t'CDm%I•ItLA-U I•11LL14UKK PRODUCER MARSH USA INC 17017 MAIN STREET ER DALLAS, TEXAS 70201.7357 ATTN: 2EFERINA MIRELES 214/303-0026 BAYLORHEALTH ENTERPRISES L.P. 22001 BRYAN STREET, SUITE 2 00 DALLAS, TX 76201 Cl`ftlCL7`#J7 10: �yIt CBATIPICATD NUMIBR THM CARTMILATE AR Ujus Al A MATTER Of INPORMATION ONLY AND CONPBIRS NO POUCYHTNMCM 0 CATBTA PON THa TDOEO NOT IFICATE MINO, EXTEND OR ALTOR THE COVER' DS APPOROOD MT TRO POUCIDO DEOCRIECO NERIIIB. COMPANY A AMERICAN GUARANTEE AND LIABILITY INSURANCE CO. COMPANY 0 COMPANY C COMPANY D 1tT18 18 TO CERTIFY INAT POUGEB OF R08UNANCO DOBCAOBOO XERCIN MAW IIDEN 109000 TO THE INBUROU NAMED HEROIN FOR THE POLICY T°I ISSRJv NO OR MAY NOTWTTNOTANDWO ANY RCOUp1CMCNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM4NT WTTM flOIIPDCi TO WHICH THE C0RTIPIGTS MAY DG L0.9UG0 OR MAY PBRTAIN, THE WBURANCO APFORDSO BY THa POUCIpO DEBCRIDOO "ORCIN IO IIUpJSCT TO ALL THO TORMS. CONDITIONS AND EXCLUSIONS OF OUCH POLiCICII. AOOREOATD UMT8 81 MAY HARD BEEN RSDUCCD BY PAID CLAIMS co POUOY NUMBER POUOY DPPECTNO POUCY 10"TION UMRI LTR TYPO OF INBURANCO DATOIMMODIYYI DATO IMMIDDIVII DONeRALUADIuty OLO 601472100 07!01105 07101/06 CONE AOORROAT $ 00,000 A 6 00,000 X OOMMDRCIALOCNCRALLMOIUTY PROOU •CDMP10P A0O PGRSCNALAADVIWURY $ 600,000 CLAIMS MADC a OCCUR 600,000 EACH OCCURRONCS 6 OWNER'O A CONTRACTOR'S PACT I....,..... na ,...,.,... m.I 6 300,000 A ANY AUTO ALL OWNED AUTOS SCHCOULODAUTOB HIRCOAUTDB NONOWNCDAIITOS OARAOR UABIUTY 7 ANY AUTO UMBRELLAPORM 07/01/06 COM IDD IIINOLE LIMIT $ DODILY INJURY IPa Wt1M) Bbp0.Y IwURY $ (Pu ATdORnl) K�1i 600,000 RE: ATOWN OF WESTLAKE. FOR BIDDING PURPOSES ONLY, TOWN OF WESTLAKE IS INCLUDED AS ADDITIONAL INSURED (EXCEPT ON WORKER'S COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED WHERE REQUIRED BY WRITTEN CONTRACT, MOI NTY 00 TIM POLKM! DIIONI M MI IAM M Q'INO O NUM' TNG """TON OAT/ TNARODo. TNR "MAN APPOROINO OOVGIAGA WU IRKI OR TO ", 3n OAYO wan" NOTI00 TO TM! TOWN OF WESTLAKE CSRTOIGTI NONOR NANW "/REN. IRT PMLW! TO OML 91 NOTICE OMALL IOPOAB NO 00UO1 OA 2660 JT GTTINGER LuOI OP ANY NOM UPON TNS IMI A OROING OOWMOl,"a MOOT' OR RRNRNWNTlNAA. OR TM! WESTLAKE, TX 76202 MWDR Or TMk uRTPIaTE. MARSH U8A INL. ora WUIII Hinee u/ . , "" auiri l4nc•"u(S61T 3106 ACORD CERTIFICATE OF LIABILITY INSURANCE T DATE(MM,DD/YYYY) PRODUCER .. _. __ _._ - _. 07/01/2008 Marsh USA Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INF^^N^ATION 4400 Comerica Bank Tower ONLY AND CONFERS NO RIGHTS UPON THI 'ATE 1717 Main Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, ,cND OR Dallas, Texas 75201-7357 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Attn: Zeferina Mireles (214)303-8529 532458-MEDCO--08/09 -- INSURED _ - MEDCO Construction L. L. C. 2001 Bryan Street, Suite 2800 Dallas, TX 75201 A INSURERS AFFORDING COVERAGE NAIC # INSURER Travelers Property Casualty Company Of 25674 INsuRER B American Guarantee & Liability Ins Co NSURERC Travelers Indemnity Co ,26247 X25658 INSURER D - ---' - INSURER B - - -- - - - 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. ADD rypE OF INSURANCE GATE(EFFECYYE PPOAICYTEj nnry ON I NSRC� POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS MADE x] OCCUR GENERAL AGGREGATE LIMIT APPLIES PER POUCYI PRO - XXL JECT I LOC TIL -08 OCCURRENCE MED EXP (Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AS 07/01/08A I 07/01/09 r IX ANY AUTO ,COMBINED SINGLE LIMIT �aacnident $ 1 ALL OWNED AUTOS- - ---- (PeNJURY HIRED AUTOS _ SCHEDULED AUTOS BODILYI$ rpers.r) /� �- BODILY INJURY X` NON -OWNED AUTOS lPerar idem) - (PROPERTY DAMAGE $ GARAGE LIABILITY (Peraccident I { AUTO ONLY ANY ACCIDENT !$ r ANY AUTO - OTHER THAN FA ACC $ AUTO ONLY AGO $ B EXCESSIUMBRELLALIABILITY IANC -5914722-03 X ,07/01/08 l)7/D1/IQ EACH OCCURRENCE $ 1, �l OCCUR CLAIMS MADE _ - I r ,AGGREGATE Ft 1 DEDUCTIBLE �$ RETENTION $_ $ D WORKERS COMPENSATION AND VTC2K_UB-564382D6-IND-O$ I67/01/D$ ,07/01/09 X WC STATLL GTH- EMPLOYERS'LIABILITY TORYIIMT,��_ —_ ANYPROPRIETORIPARTNDED' CUTIVE L EACH ACCIDENT $ OFFICFOPRIFT ER EXCLUDED' If yes describe under L DISEASE ' EMPLOYt I$ 1 SPECIAL PROVISIONS bebw rL DISEASE POLICY J" 1,1 1 OTHER -- ­­ _ m"LLEWtECLUSIONS ADDED RE: PROJECT NAME: CIVIC CAMPUS EXPANSION THE TOWN OF WESTLAKE, ITS BOARD OF ALDERMAN, CC CONSTRUCTION MANAGER ARE INCLUDED AS ADDITION, NAMED INSURED WHERE REQUIRED BY WRITTEN CONTI CERTIFICATE HOLDER _ HOU-000829577-16 TOWN OF WESTLAKE ATTN: TROY MEYERS 2650 JT OTTINGER RD WESTLAKE, TX 76262 THE WESTLAKE ACADEMY CORPORATION, ATTORNEYS AND THE (EXCEPT ON WORKER'S COMP) AS RESPECTS OPERATIONS OF THE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES H ZEO REPRESENTATIVE IneIliann Hines ACORD CERTIFICATE OF LIABILITY INSURANCE 07/0;;2-008 '' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh USA Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4400 Comerica Bank Tower HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1717 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, Texas 75201-7357 Attn: Zeferina Mireles (214)303-8529 532458-MEDCO--08/09 INSURERS AFFORDING COVERAGE NAIC # INSURED ti INsuRERA Travelers Property Casualty Company Of 25674 I Construction it L C. --- ' 2001 Bryan Street; Suite 2800 msuRER e N/q N/A Dallas, TX 75201 INSURERc N/A N/A _ FINSURER D INSURERE COVERAGES HE 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. _ _ INSR ADD' POLICY EFFECTIVE�POUCY E%PIRATIO)N LIMITS LTRIIN rypE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MM/DDIYYI A X GENERAL LIABILITY VTC2J-CO-4304M226-TIL-008 07/01/08 107/01/09 EACH OCCURRENCE 1$ DAMAGETORENTED 1,000,009 50WQ AL GENERLIABILITY PREMISES(E... O-snce) I$ X COMMERCIAL I MED EXP (Any one person) PERSONAL&ADV INJURY $ 5,000' $ CLAIMS MADE OCCUR GGNERAL AGGREGATE _1,000,00 $ 1 00000,00 "'- --"- PRODUCTS COMP/OP AGG$ GENERAL AGGREGATELIMITAPPLIES PER: —1.000.00 PRO- r POLICY X �I JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALLOWNED AUTOS I --- -- BODILY INJURY (Per person) --- --I. --� SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS NON-OWNED AUTOS (Per accident) �- PROPERTY DAMAGE $ -' IPeraccldent) - GARAGE LIABILITY '', AUTO ONLY_ EA ACCIDENT OTHERTHAN EA ACC $ -$ ANY AUTO ONLY A UT, AGG - LIABILITY EACH OCCURRENCE $ _ $ I�ESSNMBRELLA COCCUR CLAIMS MADE �$ DEDUCTIBLE RETENTION $ WORKER$ COM PENSATION AN D WC STATU IOTH (TORY LIMITS 1 FR EMPLOYERS'LIABILITY LEACH ACCIDENT $ ANVPROPRIETOR/PARTNECUTIVE i DISEASE Eq EMPLOYEE$ OFFICER(MEMBER EXCLUDED' If yes, desasunder � .L. DISEASE-POLICY LIMIT —III $ SPECIAL OVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS TOWN OF WESTLAKE - CIVIC CAMPUS EXPANSION (CLASSROOM CONVERSION POD E). TOWN OF WESTLAKE IS INCLUDED AS ADDITIONAL INSURED (EXCEPT ON WORKER'S COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED WHERE REQUIRED BY WRITTEN CONTRACT. I CERTIFICATE HOLDER HOU-000829532-18 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TOWN OF WESTLAKE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ATTN: GINGER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2650 JT OTTINGER ROAD BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND WESTLAKE, TX 76262 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Of MaISh2Ep RPR SENTATE USAN44 William Hines ACORD 25 (2001166T0 AI UKU L.vrtrvMnuvry moe 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). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. Reverse of Page 1 I'lax � 11 , i Ilu . Ul O.L/ LVVO 1: 41± err et'ur_ 13/ VVID MCLO4.G.L11 111110 -,Viiv ria tjI1, 111u, D/ 531/ ZtUVCS 1 : ZSt 1'11 118uL. L/ U11,3 r-Etb LC111 111110 GU11G t z CERTIFICATE NUMBER ERTIFIC �.:. , . � � : = HOU-000689910-01 PRODUCER CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC ETHIS IGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4400 BANK ONE CENTER CY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 1717 MAIN STREET RDED BY THE POLICIES DESCRIBED HEREIN. DALLAS, TEXAS 75201-7357 COMPANIES AFFORDING COVERAGE ATfN: ZEFERINA MIRELES 214/303-$529 COMPANY 32458-BHE-05/06 A AMERICAN GUARANTEE AND LIABILITY INSURANCE CO. INSURED COMPANY BAYLOR HEALTH ENTERPRISES, L.P. B DBA MEDCO CONSTRUCTION CO. COMPANY 2001 BRYAN STREET, SUITE 2800 DALLAS, TX 75201 C COMPANY D FlA1E';#Tisertifii4s1ndulai3y:priislissd`rrirtj7I{3s1;edely F THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTVUTHSTANDING ANY REQUIREMENT, TERNI OR CONDITION' OF ANY CONTRACT OR OTHER DOCUMENT VVTH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCiES DESCRIBED THEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE UMITSSHOWN MAY HAVE BEEN REDUCED BY PAD CLAMS. GO LTR TYPE OF INSURANCE POLICY NUMBER ,POLICY EFFECTIVE DATE (MMIDD/YY) 107/01/05 POLICY EXPIRATION DATE (Mht/DDtYY) I LIh11TS A GENERAL LIABILITY (GLO 591472100 (07/01/06 GENERAL AGGREGATE ($ 2,000,000 -COMPIOPAGG Is 2,000,000 X COMMERCIPLGENERAL'LIAEIUTYjPRODUCTS OCCUR F ;) CLAIMS VIA DE OCCUR SO is 1,000,000 EACH OCCURRENCE i $ 1,000,000 CVVNi ER'S&CONTRACTOR'SPROT ! FIRE DAMAGE (Any anefire) Is 300,000 MED EXP (Any ane person) is 10,)00 A AUTOMOBILE LIABILITY TAP 591462100 07101/05 07101106 COMBINED SNGLE LIMIT is 21000,000 X ANY AUTO BODILY!NJURY $ ALL O1PlNED AUTOS SCHEDULED AUTOS � (Per person) BODILYINJURY $ (Per accident) X x1- HIRED AUTOS NON -OWNED AUTOS ( j PROPERTY DAMAGE 1$ I GARAGE LIABILITY AUTO ONLY -EAACCIDENT $ ANY AUTO OTHER Tl A,UTOON! Y EACH ACCIDENT 1$ AGGREGATE Is A EXCESS LIABILITY �LIMB591472200 07/01/05 107/01/06 EACH OCCURRENCE Is 1,000,000 ( AGGREGATE $ 1,000,000 X UMBRELLAFORM �I OTHER THAN UMBRELLA FORM i I $ A WORKERS COMPENSATION AND EM P LOYE R S' L (ABILITY �WC 591462200 07/01/05 07/01/06 X I TOOrCTY Lj4n TS I F R I _ IEL EACH ACCIDENT Is 1 ,000,000 THE PROPRIETOR/j� INCL PARTNERS+EXECUTIVE OF FICERSARF j 1 EXCL I CEL DISEASE -POLICY LIMIT I $ 1,000,000 JEL DISEASEEACH EMPLOYEE( $ 1,00{7,000 OTHER i DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: PROJECT NAME: CIVIC CAMPUS EXPANSION THE TOWN OF WESTLAKE, ITS BOARD OF ALDERMAN, CONSULTANTS, THE WESTLAKE ACADEMY CORPORATION, ATTORNEYS AND THE CONSTRUCTION MANAGER ARE INCLUDED AS ADDITIONAL INSUREDS (EXCEPT ON WORKER'S COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED WHERE REQUIRED BY WRITTEN CONTRACT. A WAIVER OF SUBROGATION APPLIES WHERE REQUIRED BY CONTRACT AND `OA O'E1..€i TICII� ,:. SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE LULL ENDEAVOR TO IAUL 'IQ DAYS WRITTEN NOTICE TO THE TOWN OF WESTLAKE ATTN: TROY MEYE IRS CERTIFICATE HOLDER NANED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 2650 JTOTTINGER RD LASILITYOF ANYK!ND UPONTHE INSURER AFFORDING COVERAGE, !TSAGENTSOR REPRESENTATIVES OR THE WESTLAKE, TX 76262 ISSUER OF THIS CERTIFICATE MARSH USA INC. BY: Wiliam Hines VALID AS OF :05/31/06 JUN -07-06 WED 03:01 PM BAYLOR RISK MANAGEMENT FAX NO. 2148202384 P, 01/03 T1% ,IBA�10K Health. Cl re S ys tern RISK MANAGEMENT PHONE(214)820-6230 4 FAX(214)820-2394 FAX T 0: FROM: Troy Mayer MARGARET DELANEY C6_MF;A_�Y_.- DATE: Town of Westlake 6,07.06 FAX NUMBER; TOTAL NO. OF 817-1130-1812 2 PAGES INCLUDING COVER: 21HIZ RE; COI f0v Town of Westlake XURGENT 0 FOR REVIEW 11 PLEASE COMMENT0 PLEASE REPLY NOTES/COMMENTS.- This facslmile Contains; information from the Baylor Health Care System Risk Management and should he Considered confid(entlaj and privileged. The Information Is intended only for the use of the individual(s) and ontity(ies) named above, if you are not the intended recipient, be aware that any disclosuro, copying, distribution or use of this Information Is prohibited. If You have receivod this transmission In error, please notify the Office of Risk Management Immediately by telephone at (214)R20-6230 or by e-mail (dianccoQbhcsxon1). Saylor Health Care System, its subsidiaries and affiliates, hereby claim all applicable privileges related to the transillission of this comMunication. JUN -07-06 WED 03:01 PM BAYLOR RISK MANAGEMENT FAX NO, 2148202384 P, 02/03 RAN CERTIFICATE NUM901 ' 0'40 A HOU-000 01 0"T C MARSH PRODU(',ER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MAS 511 USA INC NO RIGHTS UOQN THE CERTIFICATE HOLDER OTHER THAN THOSE PROV113FD IN THE 4400 CLANK ONE CEN'I*LR POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 1717 MAIN STREET" AFFORDED BY THE POWGIES DESCRIBED HEREIN, OALLAS, Tf-'XA8 752014357 QOMPANIE$ AFFORDING COVERAGE ZE-EFERINA MIRELES 2141303-8529 COMr'A"N'Y--"- ,K458 091 A AMERICAN GUARANTEE AND LIAE311-ITY INSURANCE CO. COMPANY DAYLOR HEALTH ENTERPRi,;e$, L,P. DDA MEDCO CON STRUC I ION CO, 2001 13RYAN STRE4T, SUITE 2800 COMPANY DALLAS, TX 7:520 C COMPANY rp ko q pj q4to 1or tI)p pplipy pedoo Ilojed b�lqw' I THIS IS TO CERT11"Y THAT PCII-ICJCS OF ]HAYRANCE DESCRIO�&O HEREIN HAVIE ( N ISSUED TO Tiiiii' INSURED NAM0 HEREIN FOR THE POLICY PERIOD INOZATED NQ-jWI1II,',TAI`I[AN(3 ANY REQUIR[M,N'T, TERM OR CONDITION OF ANY CONTRACTOR OTIIG,R DOCUMENTWIIH RESPECT TOWI-11014THE CERTIFICATE M c- 0 POLICIES DES CRIAE,*J) HEREIN IS $UW EG F 1-0 ALL TI IE TERMS, CONDITIONS AND EXCLUSIONS OFSUCH PCLICiES.AGRE ATE r'�RTAI-'4,1'1-lfll�JFUiZA�4f,ZAFFORC,ED;.IYT[i�PC MAY SE ISSUED OR MAY (,IM178 SHOWN MAY HAW.' BEEN REDUCI-L) 8Y PAID CLAIMG. . .. .... ... . ....... co LT_ TYPE 01, INSURANcE POLICY NUMBER POLICYWECTIVE POLICY EVIRATION DATE (MMIDDJYYj DATE (MMIDO/YY) WMIT3 A CN5R&LLIAIIIWTY GLO 591472100 07/6-1/05 07/01106 r IER qRr A2T • AGG V7 UCTS-Cr)MP1OT- AAflAAS' MADE L'2� —.10 -] OCCUR PERSCNAt, & ADV INJURY f 1,000,000 OWNER'S & CON -1 RACTOR S PRO r OCCURkr.N(,i: 1,000,000 FIRE -nANTAqr-- (Any one errs S 300,000 AUTOMOWLE WADILITY MED Exp _ 11 one P."—) X — ANY'AuTo TAP 6 9 1462100 07/01105 07101/06 COMBINED SINGLE LIMIT 2,000,000 AI,4 OWNED AUTOS DODILY fbjjui7Y SChIQUI-1. 0 AU roS (Porputon) s X 1-111'4:0 AUTO' h0DIL.Y INJURY NON -OWNED AUTO-' I (Por =Idunt) $ PROPir RTY DAMAGE $ GARACEUAVILITY AUTCON -EAACCIDE'Nj' ANY ENI'- -LyI'T qA �TATIS JAN. UT EI AN AJ12pp�4�1�, . T,, �,111L_ rACH ACCIDENT Arc�,REGATZ S 11:350F14-72200 07,101/05 EACH OCCURREN $ 1,000,000 X. UMGRELLA FORM _2��QR E�G�T�,. $ 011-WRTHAN UMIARFLLA FORM �Y4�lt2K£FiwCUM7'�NSA'flUNAiJ7A U,1I)L0YE'Ij:j' LIABILITY WC 5Q1462200 07101105 07/01106 x EL EACH LICCIPENT 1 000, 00 0 11 -Ir- Pror'Rlmol -- ---- INCE P -rNI:RF EL bl')FASE-POLICY t IMIT $...----1,040,444 AR OF'FICERS , ARE SE —tf-DISEA� -ACHEMPLOY11 $ _1,440, 000 PEWRIPTION OF O?tRATIC)NIlLEICATIONSIVB1416LESISPE:C—IAL ITIE RE! PROJECT NAMIi,--,: CIVIC CAMPUS EXPANSION 11 -Ir TOWN OF WESTLAKE, ITS BOARD OF ALDERMAN, CONSULTANTS, THE� WESTLAKF ACADEMY CORPORATION, ATTORNFYS AND TIIFCONSIf-',U(;'rlc)NMA�4A(�F7,F�ARF, It�ci,,UDEDASADI)ITIONALINSURED$(EXCEPT ONWORI<ER'SCOMP) ASRFSPECISOFnEr�1,A-FIONSOFTFIE NAM(IDINSURFD WHERE REQUIRED tWWRITTEN CONTRACT, A WAIVER OFSUBROGATION APPI-IrS WHERE REQUIRED BYCONTRACT'AND �Ekf- 166-ifiliaF I OANCEMA-TION 8IIblj;C: ANY OF T)< r'OLICCE DZBCMIIIX HEREIN eC CAfj,-I:LI.ED PEFOrIC 11IL tMRATICIII ()AIQTHCREC)F TOWN OF WES (LAKE THE INEUtiCIZ A; I-ORDINO CbVl 11-1 WILL Et4bCAVOn Tn MNL PA"J WnA TLPI NC)TjC;C i0nji-Z ATIN: I ROY VIEYEIR8 n! 14TIFIC-ATE HOLULJ; NAMED HERFIN, WIT FAILURE TO MAIL --UCH NOTICE &'IIAI I I1APr)SI1 NO Of" 16ATION OR 2050 JT O"f TINGER RD (WIJUTY OF ANYKIN() ljpot4 T1,f81Nt;VKLI? A17ORCING COVI-KAGE, IT5 AC(`110g OR REPREBEN rAT1VLti. OR THE WE-51LAKE, TX 78262 ISSUER OF T141:; CLVITIRCATE WZek3—H USA INC, - BY; William Hines VALID ASOF. 05131106 JUN -07-06 WED 03:01 PM BAYLOR RISK MANAGEMENT FAX NO, 2148202384 P, 03/03 05/3 . . .... PRODUCER COMPANIES AFFORDING COVERAQE MARSH USAM 4100 BANK ONE CENTER COMPANY 171'7 MAIN STRLET DALLAS, TEXAN 75201-73�7 Al*I'N; ZEFEkINA MIRPLE5 214J303-8529 COMPAtJY F INVURED PAYLOR Hr-ALTH ENTERPRISES, L,P, 1-111ANY DDA MET)CO CON,3TROCTION CO, 2001 BRYAN $TREET SUITE 2800 DALLAS, "IX 7520i COMPANY H coNrnmjF-I) FROM DESCRIPTION SECTION; AL,LOWED EY 1,AW. 70V�N OIIVit-.SllAiE Al TN; 7 ROY M EYEJ� S 2650,1'I'0T1'9NG-R RIO WESTLAKE, TX 7G�62 NIARaH USA fNc, BY William Hines OF : GOVERNMENT ! 1 BY THE 73RD TEXAS LEGISLATURE, 1-993 That, Baylor Health Enterprises, L.P. dba MEDCO CONSTRUCTION, (hereinafter called the Principal), as Principal, and Federal Insurance Company, corporations organized and existing under the laws of the State of Indiana, with their principal office in the City of Warren, NJ (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Westlake, (hereinafter called the Obligee) in the amount of One hundred one thousand nine hundred eighty six and no/100 Dollars ($101,986.00 ), 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 the 1 "1 day of MAY 2006 for Civil Campus Expansion from Classroom Conversions Pod E. 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 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 r1day of 2006. Attest: \Baylor Health Enterprises, L.P. dba rEDCOCONSTRUCTION By: (SEAL) 4 Witness,,'� Federal °assurance Company W. Lawrence Brown, Attorney -in -Fact STATUTORY PAYMENT BOND r i;; CHAPTER 2253 OF THE TEXAS GOVERNMENTOD.AS I BY THE 73RD TEXAS L1993EGISLATURE, _\ i rI'll I INOMHOMMINIMMURMN&LIC That, Baylor Health Enterprises, L.P. dba MEDCO CONSTRUCTION, (hereinafter called the Principal), as Principal, and Federal Insurance Company, corporations organized and existing under the laws of the State of Indiana, with their principal office in the City of Warren, NJ (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Westlake, (hereinafter called the Obligee) in the amount of One hundred one thousand nine hundred eighty six and no/100 Dollars ($101,986.00 ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, finely by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 2006, for Civil Campus Expansion from Classroom Conversions Pod E, 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 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 day of 2006. Attest: Witness: �3r 4 2� w Baylor Health Enterprises, L.P. dba MEDCO CONSTRUCTION Federal Insurance Company 1 7 W. Lawrence Brown, Attorney -in -Fact (SEAL) (SE's,) &% POWER Federal Insurance Company Attn.: Surety Department Chubb OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know ABI by These Presents, That FEDERAL INSURANCE C P , an IrKftna corporation, VIGILANTINSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Delbert Tucker, Tracy Tucker , Tobin Tucker of Fort Worth, Texas and W. Lawrence Brown of Dallas, Texas-------------------------------------------------------------- --- each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANTINSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 13th day of Ap r i l , 2001 Sheryl B. Robe , Assistant Secretary � �E.Robertsor�_V`i6e resident STATE OF NEW JERSEY l J s�. County of Somerset On this 13 th day of April, 2001 before me, a Notary Public of New Jersey, personally came Sheryl B. Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Sheryl B. Roberts being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Paver of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Frank E. Robertson, and knows him to be Vice P 'dent of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attomey is in the genuine handwriting of Frank E. Ro thereto subscribed by authority o"PyALaMffld in deponent's presence. Notary Public State of New Jersey No. 2231647 FW �� Commission Expires Oct. 28, 2004 Notary Public CERTIFICATION Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Sheryl B. Roberts, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By -Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and area by the U. S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in Axnerican Samoa, Guam, and each of the Provinces of Canada except Prime Edward Iskind; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this i day of f) A `,, - _n n 1, Sheryl B. Roberts, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NC,)T,)FY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com