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SW10/11-110120 CERTIFICATE OF INSURANCE Certificate# 81385 5021 ISSUE DATE 01/20/11 (MM/DDNY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MULLIS • NEW''BY • HURST LP POLICIES BELOW. BON DS AND INSURANCE COMPANIES AFFORDING COVERAGE 5057 Keller Springs Road • Suite 400 ■Addison, Texas 75001 LETTER A First Mercury Insurance Company (CRC) 972.201.0100 • www.mnhins.com • Fax 972.201.0123 _ LEi 1ER NY B INSURED Texas Mutual Insurance Company California Construction LLC COMPANY 23 Bass Pond Drive LETTER C Frisco, TX 75034 COMPANY LETTER D COMPANY E LETTER COVERAGES THIS IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM DITYY) DATE (MM'DD'YY) A GENERAL LIABILITY _ -- GENERAL AGGREGATE s 2 A COMMERCIAL GENERAL LIABILITY FMTX007814 08/11/10 07/31/11 PRODUCTS-COMP/OP AGG. s 2,000,000 j CLAIMS MADE X (OCCUR PERSONAL & ADV. INJURY $ 1,000,000 OWNERS & CONTRACTORS' PROT. EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one Are) $ 50,000 MED. EXPENSE (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per pew) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) GARAGE LIABILITY . -- PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM B WORKER'S COMPENSATION X (STATUTORYLIMIIS EACH ACCIDENT - 1,000,000 AND SBP001203531 07/31/10 07/31/11 EMPLOYERS' LIABILITY , DISEASE - POLICY LIMIT 1,000,000 DISEASE - EACH EMPLOYEE $ 1 ,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS RE: Project: Aero Country East CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Heavy Ventures, LLC EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 1701 Legacy Drive Ste 2000 THE POLICY PROVISIONS. Frisco, TX 75034 AUTHORIZED REPRESENTATIVE Performance Bond Bile NO. Q- 0410 -02 SIDEWALK PAVFMEN J' REPAIR:; Bond No. S -913 6405 STATE OF TEXAS ti COUNTY OF DALLAS K1' OW Al J.. MIN BY 'ME SE PRESENTS: Thai California Construction whose address N 23 Bass Pond Drive. FriscQJX 75034 hereinafter called Principal, Washington International Insurance Compaq , a corporation organized ani existing nil the. laws o; the State of. New Hampshire an ru'lly licensed to transact business in the Stace of Texas, as Surety, are - held and hrmf)Tuound unto the CITY OF COPPELI. , TEXAS a municipal corporation organized and existing under the laws of the State of Texas. 3 municipal corporation organized and existing under the laws of the State of Texas, hereinafier called "Owner", in the renal sum of One Hundred Fifty Thousand and 00 /100s dTlars ( 150,000.00 - -- ) in lawfii 1 money of the United States, to he paid in Dallas County, Texas, for the payment of which sun e well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly anc severally. firmly by these presents. This Bond shall automatically be increased by ih amount of any Change Order or Supplemental Agreement which increases the Contract price, ht 1 in no evert shall a Change Order or Supplemental Agreement which reduces the Contract pricz decrease the penal suns of this Bond, TI -1:'. OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principt.1 entered into a certain Contract with the City of Coppell, the Owner., dated the 1st day of March , 2011, which is made a part hereof by reference, for the construction o certai i F�.JbTicimr ro\-cments that are generally described as follows: Construction of the: Annual Sidewalk Repair Project FY 2011 Bid No. Q-0410-02 NOW. THEREFORE, if the Principal shall well, truly and faithfully erform and fulfi 1 all of the undertakings. covenants, terms, conditions and agreements of said Contract in accordanc r. with the plans. specifications and Contract documents during the original tens thereof and any extension thereof which may he granted by the Beneficiary, with or without notice to tic Surety, and during the life of any guaranty or warranty required under this Contract, and shall :Aso well and tnl]y perform and fulfill all the undertakings, covenants, terms., conditions and agreements of any and all duly authorized modifications of said Contract that may hereaftt r be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair andior replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; ar;d, if the Principal shall fully indemnify and save harmless the Beneficiary from a costs and damages which Beneficiary may suffer by reason of failure to so perform herein ani shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default of deficiency. then this obligation shall be void, otherwise, a shall remain in full force and effect. PF.OVIDED FURTHER. that if any legal action be filed on this Bond, exc1i.sive Venue shall lie in Dallas County, Texas. AND PROViDFI) FURTHER. that the said Surely, for value received, hereby stipulates mci agrees that no change, extension of time. alteration or addition to Contractor to the Work performed thereunder, or the specifications accompanying the same shall in anyway affect CITY OF COPI'ELt. • 255 PARKWAY BOULE \A RD • COPPELL,TEXAS 75019 Page 23 • ----- Bit NO. Q-0 SIDEWALK PAVEMENT REPAIRS its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alier.tion or addition to the terms of the Contract. or to the Work or to the Specilications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes. and anv other applicable statues of the State of Texas. Thc undersigned and designated agent is hereby designated by the Surety herein as th.: Resident Ageni in Tarrant County or Dallas County to whom any requisite notices may h.: delivered i.nd on whom service of process may he had in matters arising out of such surelvshir, as provide: by Article 7.19-1 of the Insurance Code. Vernon's Annotated Civil Statutes of th State of Icxas. IN WITNESS WHEREOF, this instrument is executed in Four (4) copies each on • of which slall be deemed an original, this, the 3rd day of March , 2011. MUNCH' SURETY California Construction Washington International Insurance Company 13y: E„ l ag. _ Title Robert Bounds, President Title: Sandra Lee Roney, Attorney in Fad ) 1_, kith-lees xxxrsx wr) S: • .,.■144"..ca _ Carol nough The Resid,mt Agent of the Surety in Dallas or Denton County. Texas. for delivery of olice and service of he process is: NAME: Mullis Newby Hurst LP ADDRESS: 5057 Keller Springs Rd., Suite 400, Addison, TX 75001 Dwe e?,/ Perforniuncc Bond niust he date of Contract. if Residein Ageni is not a (7mm:ration, give person CHI OF COPPELL • 255 PARKWAY BOULEVARD • COPPELI„TEXAS 75019 Page 24 r ' — .._.__ NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIR', PAYMENT BOND Bond No. S -913 6405 STATE OF 11 XAS § COUNTY OF DALLAS Kh OW ALL MEN BY THESE PRESENTS: Tha t California Construction whose address is 23 Bass Pond Drive, Frisco TX 75034__..__. _ �_. hereinaftet called T'nncapal. an Washington International Insurance Company , a corporation organized an J existing ut.ider the Jaws oIT& tit or New Hampshire and fully licensed to transact business in the Si.a!e of Texas, as Surety, arc heliriiiiTlinnly bound unto the ('ITY OF Coppai TEXAS a municipal corporation organized and existing under the laws of the State of 'Texas, a municipal corporation organized and existing under the laws of the State of Texas. hereinafter called "Owner ", in the penal sum of One Hundred Fifty Thousand and 00 /100s dollars - (3 150,000.00- ) m awlt,l Harney of Lhe. t l sited .States, t<? �arc� iii T.)alltts County, 'Texas, lbr the payment of which still well and truly to he made, we bind ourselves, our heirs, executors, administrators and successors jointly anc severally, firmly by these presents. This Bond shall automatically he increased by the amount orally Change Order or Supplemental Agreement which increases the Contract price. but in no evert shall a Change Ch or Supplemental Agreement which reduces the ('onlract price decrease the penal sum of this Bond. TV F. OBLIGATION TO PAY SAME is conditioned as follows: Whereas. the Principal entered into a certain Contract with the City of C'oppell, the Owner. dated the 1st day c f March 2011, which is made a part hereof by reference, liar the consiruclon of ° certain public improvements that are generally described as follows: Construction of ibe: Annual Sidewalk Repair Project FY 2011 Bid No. Q- 0410 -02 NOW,. - f1-11 R1 FC)RE. if the Principal shall well, truly and faithfully perform and - fulfill its duties and make prompt payment 10 all persons, firms, subcontractors, corporations and claimants supplying labor and /or material in the prosecution of the Work provides for in said Contract a.nd any and all duly authorized modifications of said Contraci that may hereafter l-c made. notice of'which modification to the Surety is hereby expressly waived; the obligation shall be void; orherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action he filed on this Bond, exch:sive Venc shall lie in Dallas County, Texas. AND PROVIDE.) FURTHER, that the said Surely, for value received, hereby stipulate and agree:, that no change. extension of time- alteration or addition 10 Contract or the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same., shall m anywise affect its obligation on this Bond, and it does hereby waive. notice :f any such change, e) tension of time, alteration or addition 10 the terms of the Contract, or to the Work to 1 performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vernon' Annotated Civil Stait.ites, and any other applicable statues of the State of Texas. CITY OF COPPEI.L • 255 PARKWAY BOULEVARD • COPPELL.TENAS Page 25 Bit. NO. Q-0 SIDEWALK PAVEMENT REPAIR' the undersigned iind designated agent is hereby designated by the Surety herein as the Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be delivered End on whom service of process may be had in matters arising out of such suretyshir, as provided hy Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of State of Texas. IN WITNESS WHEREOF. this instrument is executed in _Four (4) copics, each of which shall he deemed an original, this. the 3rd day of March . 2011. PRINCIPAL SURETY California Construction Washington International Insurance Company _ Title Robert Bounds, President Title: Sandra Lee Attorney in Aq : rrld. 't WIT A . 5:: • dip. iv Carol Goodenough The Resident .Agent of the Surety in Dallas or Denton County, Texas, for delivery ofotice and service of :he process is: NAME: Mullis Newby Hurst, LP -- • • • ADDRESS: 5057 Keller Rd., Suite 400, Addison, TX 75001 NOTE: Do . e of Payment I3ond must be date of Contract If Resider?, Agent is noi a eorporanon, give ,J person's name. MA 1 NTENA.NCE BOND (ATV 11'.9' COPPELL • 255 PARKWAY V BOULEVARD • COPPELL,TENAS 75019 Page 26 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: SAMMY JOE MULLIS, JR., JOHN WILLIAM NEWBY, ROBERT DONALD HURST, PATRICIA LEE BARTLETT, JULIE STORM, WILBERT RAYMOND WATSON, CAROLYN J. GOODENOUGH and SANDRA LEE RONEY JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." O� 1AUrY,, wuua a `' , APOr4r oqg o ' F'..y By = 47.GpklPO/2,�TFi'�_, it SEAL ; m x Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company 1973 tu, n ^ & Senior Vice President of North American Specialty Insurance Company r4; � 'gZy�.h41AP`?��AO �.9s P. By W i aF` J ?P David M. Layman, Senior Vice Preside° of Washington International Insurance Company tat & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September , 20 0$ . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 30th day of September 20 08 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies. , Z "OFFICIAL SEAL' � /;^ NNA 11 SKLENS � N0taxy Stan of Illinois Donna D. Sklens, Notary Public y Commission F.xpiree 10/042011 rY I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3rd day of March , 2011 James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company North American Specialty Insurance Company Washington International Insurance Company TEXAS CLAIMS INFORMATION IMPORTANT NOTICE ADV|SO|N1POHTANTE In order to obtain information or make a complaint: Para obtener |n1ormauion o pa/a someter un queja: You may contaci Jim Carpenter, Vice President - Puede comunicarse con Jim Carpenter, Vice Claims atl'aDo'338'0753 President - Claims, al 1-800-338-0753 ¥ou may caII Washington International Insurance Ustedpuedo||omra|numerodozo|pf000 gratis do Company and/or North Amcricun Specialty Insurance Washington International Insurance Company and/or Company's toll-free nv/obn, for information or to North American Specialty Insurance Company's para make a complaint at: iofonnadmn o para someter una queja al: 1'800'338'8763 1'800'338'0753 You may also write to Washington International Usted tambien puede escribir a Washington Insurance Company and/or North American Specialty International lnsurance Company and/or North Insurance Company at the foliowing address: American Specialty Insurance Compar.y al: 47nm. tiny Rudd 4rom.xxw,uoy*/vRudd Suite 850 Suite 850 Schaumburg, IL 60173 Schaumburg, IL 60173 You may contact the Texas Department of lnsurance Puodeenc,ibi,a|Depammontoda8egunmsduTexas to obtairi information on companies, coverages, pa,uob«onorin+ormaoionacorcmd000mpanioo' rights or complaints at: coberturas, derechos o quejas al: 1'800^252'3439 1'800'252'3439 You rnay write the Texas Department of lnsurance: puedeescribi,o|oapurtmantodeSegunusdeTexas: P.O. Box 14Sl04 PD. Box 149104 x"°^/". TX 7871*'9104 x""a" 7871*-9104 Fax: (512)475'1771 Fax: <512>475-1771 Web: hun://vp^o*tdiotnto.t^.vu Web: htto://vvvvw.tdistato.tx.ux Emai|:Cvnsun`er^nuondnn@tdixtatom.us EmaU:Cnnuume,Protootion@tdixtate�x.us PREMIUM OR CLAIM DISPUTES: D18PU7AS8OBREPR1W1AS0 RECLAMO8: Should you have u dispute concerning your premium S|t|ono una d|sputoconcerninnmoou prima ooun or about a claim you should firsi contact the reclarno, debe comunicarse con el Washington Washington International Insurance Company and/or International Insurance Company and/or North North American Specialty Insurance Company. If the American Specialty Insurance Company prir"v,o. Si ciispute is not resolved, you may contact the Texas nnuoneouo|ve|adi»puta.puodoen1oncou Department of lnsurance. comunicarse con el Departmonto de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Este avi0000 solo parupropooitodeinfromaoionyoo become a pari or condition of the attached se converte en parte o condicion del documento document. adiunto.