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ST0202-CN031023
SECTION 2 CONTRA C T DOCUMENTS T H E C I T Y 0 F COPPELL STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THlS AGREEMENT is dated as ofthe ~_..2~(.~_ dayof /~'~~4/ intheyear 2003 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and Tiseo Paving Companv~ 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 Work is generally described as follows: The This work shall consist of the removal and replacement of approximately 4000 square yards of concrete flatwork consisting of street and driveways. It includes the relocation of one inlet Also as part of the project, the driveway configuration for the United States Postal Service located at the southeast corner of Denton Tap and Bethel School will be reconfigured by the elimination of two driveways, and the construction of a new driveway and additional driveway work on site. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for Bethel School Road Project # ST 02-02. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Reconstruction of Bethel School Road (from Denton Tap Rd. to Heartz Rd.) Project - No. ST 02-02 Bid No. Q-0603-01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2-2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 75 Calendar Days fi.om the date when the Contract time commences to mn as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for dally (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty dollars {$240.00} for each day that expires ~er the time specified in paragraph 3.1 for Completion until the Work is complete. 3.3. Early Completion Incentive. Owner recognizes that the construction of Bethel School Rd. will severely inconvenience the traveling public. As an incentive to expeditiously substantially complete construction, a lump sum payment of $5,000 will be made to the contractor if the project is substantially complete within 80 Calendar Days from the first day that work begins If work is complete within 81 to 90 Calendar Days after the first day that work begins then the contractor will receive an incentive payment of $240/per day for each day prior to 90 Calendar Days that the work is substantially complete. Days to Substantially Early Completion Complete Incentive Calendar Days (inclusive) 0-80 $5000 81 $2,160 82 $1,920 83 $1,680 84 $1,440 85 $1,200 86 $960 87 $720 88 $480 89 $240 90 0 For purposes of payment of the early completion incentive, substantially complete means that Bethel School Rd. is open to unimpeded two-way traffic and all driveways and side streets are accessible. 2-3 Contract Documents Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 Proposal and Bid Schedule. The contract sum shall be the amount of $297,813.35. The total tangible personal property cost included in the contract sum is $89,344.01. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 2-4 Contract Documents 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, repons, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 8.1. 8.2. 8.3. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER CONTRACTOR concerning the Work consist of the following: This Agreement (pages 2-2 thru 2-7, inclusive). Exhibits to this agreement (immediately following this Agreement, inclusive). 8.4. and Certificate of Insurance. Notice of Award. Part h General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. 2-5 Contract Documents 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-2 thru 3-10). Specifications beating the title: "Construction Specifications and Contract Documents for "Bethel School Road (from Denton Tap Rd. to Heartz Rd.) Project - No. ST 02-02 for the City of Coppell". 8.8. Drawings entitled: "Bethel School Road (from Denton Tap Rd. to Heartz Rd.) Project - No. ST 02-02 for the City of Coppell". 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect 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. 9.3. 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. 2-6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf This Agreement will be effective on ~) ~..~ ~f.n~ ff_,~}_ r-~ ,2003. OWNER: City of Coppell 255 Parknvay Boulevard Coppell, TX 75019 BY: TITLE: ~',~ Address for givin P.O. Box 9478 Coppell, Texas 75019 Attn: Ken ~ffin, P.E Dir. of Engineefin~ublic Works CONTRACTOR: Tiseo Paving Company, Inc. 419 E. Hwy 80 Mesquite, TX 75105 TITLE: "U - -t._ Address for giving notices: (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2- 7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance which will be executed and bound here with final documents. 2-8 Contract Documents General Instructions For Bonds The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. The name, and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are parmers composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. The signature of a wimess shall appear in the appropriate place, attesting the signature of each individual party to the bond. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instmmem shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be tree copies. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2-9 Contract Documents PERFORMANCE BOND No. 35~96 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Tiseo Paving ~y whose address is 419 E. Ewy. 80, Nesquite, TX 75150 hereinafter called Principal, and Eartford Fir~ insurance ~ , a corporation organized and existing under the laws of thc State of Cormecticnt: , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of ~C~ ~tundr~l Ninety Seven Tnousar~ Eight Hun&~d ~hi~me~ Dollars ar~ 35/Cents DOLLARS ($297,813.35 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond §hall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the of , A.D. 20 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Reconstruction of Bethel School Road (from Denton Tap Rd. to Heartz Rd.) Project - No. ST 02-02 Bid No. Q-0603-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or 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; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary 2-1o Contract Documents all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Tripliacte one of which shall be deemed an original, this the 7th day of Oetotmr copies, each ,2003 PRINCIPAL SURETY · is~o ~aving ~ ~rtfor~ Fir~ Insurance Ca.l~m~ Title: gathleen M. Irelan, Attorney-in-fact ATTESt: ATTEST: Elayne Ciavattone Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: William D. Birdsong - William Georqe & l-~ciatees ADDRESS: 10000 N. Central Expressway, Suite 1100, Dalln., TX 75231 NOTE: Date of Performance Bond must be date of Contract. If Resident Agent b not corporation, give person's name. 2-11 Contract Documents PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Ti~eo whose address is 4.].9 E. liwlr. ~30, 8enquite, ~'g 75150 hereinafter called Principal, and ~nrtford ~ire In~uratme Cca~oamg , a corporation organized and existing under the laws of the State of Connecticut , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of ~o ~tundred Ninety Seven Thousand P.i~ht ltundred Thirteen Dollars and 35/Cents DOLLARS ($297,813.35 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the of , A.D. 20 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Reconstruction of Bethel School Road (from Denton Tap Rd. to Heartz Rd.) Project - No. ST 02-02 Bid No. Q-0603-01 NOW, THEREFORE, if the Principal shall well, truly and faitlffully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may herealter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full fome and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. 2-12 Contract Documents AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in l'riplieate one of which shall be deemed an original, this the 7th day of Octoi~r copies, each · 20 O3 PRINCIPAL SURETY Tiseo Paving ~rtford Fire Insurance C~ By: _ Title: ~ Ow ~ ~} 0__'~'~ ~g23 ,-~0..~ I:~['T' Title: Kathleen M. Irelan, Attorney-in-fact ATTEST: ATTEST: Elayne Ciavattone 1'he Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: ~ ~'' ~ William D. Birdscmg - William George & Associates ADDRESS: 10000 N. Central Expressway, Suite 1100, Dallas, TX 75231 NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 2-13 Contract Documents MAINTENANCE BOND Bond No. 35BC8(I~o896 STATE OF TEXAS } COUNTY OF DALLAS } I~qOW ALL MEN BY THESE PRESENTS: THAT 419 E. Hwy., 80, Mesquite, ~X 75150 Tiseo PaWing Oc~K~rty as Principal, and r~-eford Fir~ xn~uranee e.~.:~,y , a co~oration org~ized ~der the laws of ~i~t , ~ s~eties, do hereby expressly ac~owledge ~emselves to be held ~d bo~d to pay ~to the City of ~ll , a M~cip~ Co.ration, Text, ~e sm of ~e ~ F~y Eight ~ Nlm ~ ~m ~llars Doll=s ~d Cents ($. 1~,~7.~ ) , for ~e pa~ent of w~ch s~ Mll ~d rely be made ~to s~d ~fleig , ~d iB successors, s~d pdncip~ ~d s=eties do hereby bind themselves, ~eir ~sigm ~d successors jointly ~d seve~ly. THIS obligation is conditioned; however, that whereas, the said Principal has this day entered into a written contract with the said Oblig~ to build and construct Bethel School Road (from Denton Tap Rd. to Heartz Rd.) Project - No. ST 02-02, which contract and the plans and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said Beneficiary shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood 2-14 Contract Documents that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said ~n~ficiarg has caused these presents to be executed by Tia~o Pav£n9 ~angn~r and the said hartford Fire Insuranc~ O:~pany has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Kathlc~_.n ~1. Irelan , has hereunto set his hand, the 7th day of Oetot~r ,20u.~ PRINCIPAL SURETY Ti~o Pavirgj Cc~pany ~artford Piro Irmuranc~ O:~pamy Kathleen lq. Irelan, Title: ;' .l~-C-4~g Title: Attorney-in-fact WITNESS: ' '-~ '~-~' U ATTEST: Elaine Ciavattc~e NOTE: Date of Maintenance Bond must not be prior to date of Contract. 2-15 Contract Documents Obligee' sl lnsured's Name Ti~eo Paving Company Ob#gee's/Insured's Mailing Address ~/uite, ~X 75150 Bond/Po/icy Number IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the soume of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: I $0 I Form B-3333-0 -- Page I of 1 © 2002, The Hartford POWER OF ATTORNEY I X I Hartford Fire Insurance Company _~-] Hartford Casualty Insurance Company ~-~ Hartford Accident and Indemnity Company r~ Hartford Underwriters Insurance Company THE HARTFORD Twin City Fire Insurance Company ~ Hartford Insurance Company of Illinois r----1 Hartford Insurance company of the Midwest ~ Hartford Insurance Company of the Southeast ~ KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwr/ters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hertford Casualty Insurance Company, --Twin City Fire Insurance Company and Hertford Insurance Company of the Midwest, corporations duly organized under the laws of the 8late of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make, constitute and appoint, up to the amount of unlimited: D.A. Valenti, Denise A. Madden, Robert Trobec, Kathleen M. Ire/an, /an J. Donald of Troy, MI --their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by I~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the _performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witneaa Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly r'-- attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ~, "'EOUNTY OF HARTFORD,~ ss. Hartford ee®eeeee John P. Hyland, Assistant Vice President On this 19~ day of september, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depoea end say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, --qle ~rporntiona described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals Ifftxed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said cerporations and that he signed his name thereto by like authority. I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and :orrect oopy of the Power of Attorney executed by said Companies, which is still in full force effective as of Oct:ober 7~ 2003 Signed and sealed at the City of Hartford. Colleen Mastrolanni, Assistant Vice President ACOR CERTIFICATE OF LIABILITY INSURANCE 10/06/2003 PRODUCER (248)828-3377 FAX (248)828-3741 THIS CERTIFICATE 18 ISSUED AS A MAI I ct< OF INFORMATION ONLY AND CONFER8 NO RIGHTS UPON THE CERTIFICATE Va]enti, Trobec, Chand] er, Thc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ' 6054 Livernois Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Troy, I~T 48098 3ill A. Oberlee INSURERS AFFORDING COVERAGE NAIC# -INSURED Tiseo Paving Company, ThC. ~NSURER^: Zurich American Tnsurance Compan P.O. Box 270040 ~NSURERB: American Guarantee & Liability ( BT) Dallas, TX 75227-0040 ~NSURERC: Travelers Tnsurance Company THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDIN~ 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 CONOITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS. GENERAL MABIMTY GLO9307348-00 11/01/2002 11/01/2003 EACH OCCURRENCE $ 1~ 000 ~ 00~: DAMAGE TO RENTED $ 3 O0 ! 00( A X Per Project PER$ONAL&ADVINJURY $ 1,000~00( ~- Aggregate - CG2 S03 GENERAL AGGREGATE $ 2 AUTOMOBILEUAmUTY TAP9307147-O0 11/01/2002 11/01/2003 COMBiNED SiNGLE LIMIT '~-- ANY AUTO (Ea accident) 1 ~ 000 ! 000 - EXCESS/UMBRELLAUABIUTY AUC356997303 11/01/2002 11/01/2003 EACH OCCURRENCE $ 10~000p00U x--I occur [] C~,MS~DE AGGREGATE $ 10,ooo,000 B $ WOR~E~SCOMPENSAT~ONAND ~/C9307349-00 11/0[/2002 11/01/2003 X I~o.~,,~.~-~t I°~. ·HER T-660-945X2322-TTL-02 11/01/2002 11/01/2003 Leased/Rented Equipment C ~c~ntractors Equipment $250,000 $1,000 Deductible roject: Bethe~ Schoo~ Road (from Denton Tap Rd. to Heartz Rd.) Pro3ect #ST 02-02, Bid No. t-0603-01 J CERTIFICATE HOLDER City of Coppell P.O. Box 9478 Coppe]l, TX 75019 I (~NCELLATION SHOULD ANY Of= THE ABOVE DESCRIBED POLICIES BE CANCELLED DEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30 DAYS WRITTEN NO~CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER~ ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Del Valenti/V48 --ACORD 28 (2001/08) ©ACORD CORPORATION 1988