YYl ft:5T1E-C 􀁾􀁾􀀠1--lf-57/-{llJ(J.v josh 􀁾􀁃􀀨6 -fJ-so7 J -f-/v;w145 Q f'ILtf'5fe.c. w rvt -·:-MasTec Greg Wood Project Manager -:.􀁾􀁦􀁬􀁾􀀠MasTec North America, Inc. 4747 Irving Blvd. Ste. 221 Dallas Texas 752:47 214.571.2.558 lax 214.571.2556 ceIl214.543.4934 iNWW.maslec.com gregw®mastecWf,com 􀁓􀁅􀁾􀁔􀀠BY; HP 􀁌􀁁􀁓􀁅􀁾􀁊􀁅􀁔􀀠3150; 2145712555; DEC·4·02\36AM; PAGE 212 􀂷􀁾􀁡􀁳􀁔􀁥􀁣􀀠December 3,2002 Mr. Jim Pierce Town ofAddison 16801 Westgrove Dr. Addison, Texas 75001 RE: Emergency Utility Repair -14665 Midway Rd. Uear Mr. Pierce: Per O\lr Constrllction Agreement dated Februnry 26,2002, 1 am submitting MasTec's pricing for the paving repair at 14665 Midway Road ill Addisoll, Texas. Contractor will supply all traffic control, with the ex(:)usion of required arrow boards supplied by the city. The paving repair will consist of 10" thick high-early concrete with #4 rebar on 18" centers. Compensation fOT the work completed will be per the unit rate listed below. Paving Repair $ 17.25 per Stl. It Should you require any further information or clarification feel free to contact me at (214) 571-2507. -,-., l .I}( -fA.5e05'-': I 1\\ 􀁾􀀠IS t¥(1 rt:l\)Ul. rJ Cf)l)r'A i1f\4\.k This 􀁴􀁊􀁯􀁲􀁾􀁷􀁲􀁴􀁩􀁴􀀠'1V\+md-or tv', \l 􀁙􀁬􀁾􀁥􀀮􀀮􀁾􀀠fA 1260 p..erV)\;t 􀁃􀁾􀁴􀀾􀀾􀀠􀁃􀀮􀁨􀀴􀁾􀁻􀀩􀀮Josh Thomas Estimalor MasTec North America,Inc. LJ.t would like. -th1.5 dD1te. 􀁁􀁾􀁁􀁐􀀮􀀠,. .... Mas-Tec; NOHh America, Ille. 4747 Irving AIv(i. SHiti'! 221 Dalla!) 􀁬􀁥􀁸􀁬􀁬􀁾􀀠76241 OJ 214.5.71.2GOO ft17. 􀁾􀂷􀀱􀀴􀀮􀀵􀀷􀀱􀀮􀀲􀁓􀀵􀁓􀀠WINW.maetec.t:(J1lI i __ __ _____________ _ __ _____________________ _ Si"NT BY: HP LASERJET 3150; 2145712555; DEC-4-02 ':36AM; PAGE 112 ·:-MasTec ,To: Jim Pierce From: Josh Thomas 􀁃􀁯􀁭􀁰􀁡􀁾􀁔􀁯􀁷􀁮􀁾􀁯􀁦__Add_lson Da􀁴􀀮􀁟􀀺􀁟􀀱􀁟􀁾􀁟􀁾02 Fax: 972-450-2837 Page: 2 (Including Cover) Subject: PaYIng Repair Quote LlUrgem X For Review o Please Comment D Please Reply 􀂷􀁃􀁯􀁭􀁭􀁥􀁮􀁴􀀮􀁾􀀠Mr. 􀁐􀁢􀀺􀁲􀁣􀁾􀀺􀀠Ifyou have any q",",lions orconunems I CIIII b. reached at (ZI4) S71-Z5()7. Regard" Ifyou have any questions regarding this transmittal please call (214) 571·2500. Western Region -Dallas Division 4747 Irving Blvd #221 Dallas, 􀁔􀁣􀀩􀀨􀁾􀁳􀀠75247 214-571-2500 HP LaserJet 3200se TOALASERJET 3200 9724502837 DEC·4·2002 9:56AM invent Fax Call Report Job Date Time Type Identification Duration Pages Result 675 121 412002 9:55:35AM Send 92145712555 1:03 1 OK Mr. Jim Piclt¢ 􀁔􀁏􀁗􀀡􀀩􀁍􀁁􀁾􀀠􀁉􀀵􀀤􀁏􀁉􀁗􀁾􀁏􀀨􀀮􀀠MdbolI. TOllS 'JOOI OW' Mr, Pim:e: f>Ut:IJt CoMlMliIltl 􀁾dol«! Pl;'hromy26.lOO2.J MI..,itlln$:MuT«·1 pricing Col lbo-pavlns 􀁾ill J466S Mhl-r 􀁢􀁥􀁤􀁩􀀡􀁬􀁾Tl;'nt. 􀁾􀁷􀀺􀁬􀁬􀁬􀀠supply at! mffle tct.Ufll, wJlJ 1ht I'lttIvMn of 􀁴􀁴􀁱􀁾mil\\' boalillll ftlt1M _r'l CO!d will be fKdlm unit nlc litlcd inlow. $11.'Z5ptr J'I,n Should)'OU rcqllin: .ny ti.1t1h;t lnlorttunitm or cbrirltlHOIl kcl 1m< to CI)I'Iloc1 me 111 􀀨􀀲􀀱􀁾􀀩􀀤􀀱􀀱􀀮􀀲􀁭􀀮􀀠..,.., l . IIIt ... e 􀁊􀁯􀁾􀁜􀀧􀀺􀀠I "l 'S '¥frtlVU. r C.OOfe\ i".:N!.;-h1S "'.'''-W.#c '1201..1'1 􀁊􀁾􀁾􀁥􀀬􀀠Q'72, 4'5'0. 􀁡􀀮􀁧􀀼􀀫􀁾􀀮􀀠􀁾� �_., I . wi UMe.A.. 􀁾􀀠RbI,) P.tr",;j-Clio 􀁣􀀺􀀮􀁨􀀮􀁾􀁾10th 􀁔􀁨􀁯􀁭􀁾􀀱􀀠􀁍􀀡􀁉􀀱􀁊􀁔􀀬􀁾􀀠NtiMh Arneriu,Jne. 􀁴􀁊􀁾􀀠l1:NotI 􀁾HI 011..:0 1un 􀁬􀁾􀁲􀀢􀀠, ..$h,jUii 􀀯􀁊􀁩􀀱􀀱􀀴􀀮􀁬􀁊􀁬􀀬􀁈􀁕􀁟􀁾􀀠 -:oMasTec .-': . AGREEMENTNUMBER: __􀁾􀁃􀁾􀀴􀀰􀁾􀀵􀀭􀁾􀁏􀁾􀀱􀀭􀁾􀁏􀁬􀁾􀁏_______ WORKORDERNUMBER: _______􀁏􀁾􀁏􀁾􀁬_______ WORK ORDER rt-. /VtJl/t?rnb-fY, 1-t)o 2This WORK ORDER, executed 􀁴􀁨􀁩􀁳􀁾􀀠;2 5" day of 1'e9!:ua!"f I 􀀬􀁾􀁹and between Contractor Customer MasTec North America, Inc" a Florida ComoratioQ, Town ofAddison 4747 Irving Blvd..􀁾􀀮"'Su"'i"'te-"2"'21'--____ 16801 Westgrove Drive Dallas, Texas 75"'2247'--__________ Addison. Texas 75001-9010 Contractor acknowledges that it has visited the sire(s), has visually inspected it and is familiar with the general and local conditions of the Scope of Work listed below. -", SCOPE OF WORK At the request ofthe Director of Public Works of the Town ofAddison or the Director's designee, Customer shall provide manpower, equipment, and materials required for emergency restoration work (related to streets, public water lines, sanitruy sewer lines, storm sewer lines, and street lights) for the Town ofAddison. J -M.-fIt.r;(I !f.ejJar;-Or p_" Utsf Iircfl1 􀁾/11 􀁾􀁾Mn-€ t9f􀁦􀁨􀁬􀁤􀁕􀁊􀀯􀁾􀀠@Itf6bS 􀁴􀁮􀁴􀁤􀁾􀀠􀁾􀀮􀀠PRICING Compensation for the hourly work completed will be per the attached hourly pricing sheet located in Exhibit A. CUSTOMER:OONTRAl!t 􀁾􀀠By: d I 􀁂􀁙􀀺􀀭􀀭􀁾􀁲􀀭􀀷􀀭􀁾􀁾􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭Robbie Dupree (printed Name) Title: 􀁟􀁾􀁏􀀡􀁬􀀼􀁰􀁥􀁪􀀧􀁬􀀡􀁾􀁴􀀡􀀡􀀡􀁩􀁯􀀢􀀧􀁮􀁳􀀡􀀡􀁕􀀡􀁍􀀢􀀧􀁡􀀢􀀧􀁮􀁡􀀢􀀢􀁧􀀢􀀢􀁥􀁲􀀧􀁟􀁟_____ Title: Dare: ______􀁾􀀲􀁾􀁡􀁾􀀶􀁾􀁭􀁾􀀲􀁾__________ Date: ___-'-'__'--___________ I Page t or:lEmergency Contact List Jim Pierce From: Josh Thomas [jthomas@mastec.com] Sent: Monday, March 25, 200210:30 AM To: 1plerce@cl.addison.tx.us' Cc: Greg Wood; Mike Claxton; Frank Dennis; Santiago Rueda; Robbie Dupree; Roger Cole; Steve Clausen Subject: Emergency Contact List Mr. Pierce: Per our conversation Friday, March 22, 2002; attached is the emergency contact list for your flies. If you have any questions you can reach me at the number below. Thank you, Josh. Greg Wood Direct -214-571-2568 Mobile -214-543-4934 Mike Claxton Direct -214-571-2567 Y Mobile -214-543-4925 Frank Dennis Direct -214-571·2551 Mobile -214-202-2153 Santiago Rueda Direct· 214-571-2541 Mobile -214-354-2668 Robbie Dupree Direct -214-571-2544 Mobile -214-543-4933 4-1l/. 7 :rrlfl ':i tJ Ivl 􀁾􀀨􀀬􀁲􀁥􀀭􀁄􀁾􀁉l(s, n 7'i';2.t../-7NQ ld\"1!X' -.JSSR U,"IIIQS Estimator MasTec North America, Inc. Direct: (214) 571-2507 􀁾􀀠Fax: (214) 571-2555 Mobile: (214) 502-7298 jthomoS@morlee.com MasTec Building the e-World Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for 4/4/02 __________________________ _ 􀁾􀁾􀁾.. Public Works I Engineering 16801 We.tgrove. P.O. Box 9010 Addison, Texas 75001 Telephone: (972)450-2871 • Fax: (972)450-2837 DATE 􀀳􀁾􀀧􀁌􀀿􀀮􀀮􀀭􀁣􀀾􀀠'2-IJOBNO AITENOON RE /L5Yl.",/rUC.HM flq/'t"tJrlI -Pn f-Lu/+11 YJ1a "j Ter l/orM L1 ",ArlC«-LYle, I' GENTLEMAN: WE ARE SENDING YOU ;r'Attached o Under separate cover via ______the following items: o Shop Drawings o Prints o Plans 0 Samples 0 Specifications 0 ______________o Copy of letter o Change order COPtES DATE NO. DESCRIPTION /01Y/;'+rUr z;, 􀁾􀁁􀀠LL:, =t'.f1'11t"'I1, +-".. I I : THESE ARE TRANSMITTED as checked below: o For approval o Approved as submitted o Resubmit ____ copies for approval p(For your use o Approved as noted o Submit copies for distribution o As requested o Returned for corrections o Return corrected prints o For review and comment 0 o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US COPVTO ________________________________ SIGNED: 􀁾􀁾􀁾􀁟􀀠If enclosures are not as noted, 􀁐􀁬􀁥􀁡􀁳􀁥􀁾􀀮􀀠 Emergency Contact List Page 1 of2 Jim Pierce From: Josh Thomas [jthomas@mastec.com] Sent: Monday, March 25, 2002 10:30 AM To: 'jpierce@ci.addison.tx.us' Cc: Greg Wood; Mike Claxton; Frank Dennis; Santiago Rueda; Robbie Dupree; Roger Cole; Steve Clausen Subject: Emergency Contact List Mr. Pierce: Per our conversation Friday, March 22, 2002; attached is the emergency contact list for your files. If you have any questions you can reach me at the number below. Thank you, Josh. Greg Wood Direct -214-571-2568 Mobile -214-543-4934 Mike Claxton Direct -214-571-2567 Mobile -214-543-4925 Frank Dennis Direct -214-571-2551 Mobile -214-202-2153 Santiago Rueda Direct -214-571-2541 Mobile -214-354-2668 Robbie Dupree Direct -214-571-2544 Mobile -214-543-4933 Josh Thomas Estimator MasTec North America, Inc. Direct: (214) 571-2507 Fax: (214) 571-2555 Mobile: (214) 502-7298 jthomas@mastec.com MasTec Building the e-World Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for 4/4/02 _M_ DAre 3-'£.2.-02-1 JOB NO.ADDisoN ATTENTION ® Public Works I Engineering RE!: 􀁾􀀼􀀻􀁉􀁲􀀶􀀱􀁣􀀮􀁦􀁷􀀱􀀠􀁤􀁬􀁟􀀢􀁥􀁾m-.'n7-16801 Westgrove. P.O. Box 9010 J Addison, Texas 75001 Telephon.: (9721 450·2871 • Fox: 19721 450-2837 GENTLEMAN: WE ARE SENDING YOU J(Attached o Under separate cover via _____the following items: o Shop Drawings 0 Prints o Plans 0 Samples 0 Specifications o Copy of letter 0 Change order 0 _______________ COPIES DATE NO. DESCRIPTION /7"'r/c;,lrUr L.-/_AA A-r:1􀁲􀁥􀀻􀀧􀁾􀁁􀀠􀁃􀁴􀀭􀀺􀀺􀁴􀀮􀁴􀀹􀁮􀁾􀀧􀀯􀀠􀁾􀀠elkmilVIiI C; iJr J " I I 7 I THESE ARE TRANSMITTED as checked below: o For approval 0 Approved as submitted o Resubmit ____ copies for approval /i(For your use 0 Approved as noted o Submit copies for distribution o As requested 0 Returned for corrections o Return corrected prints o For review and comment 0 ____________ o FOR BIDS DUE __________ 1,,___ o PRINTS RETURNED AFTER LOAN TO US 􀁓􀁉􀁇􀁎􀁅􀁄􀀺􀁟􀁾􀁾􀁾􀁾􀁾􀁾 __________ If enclosures are not as noted, please notify us ) 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀂮􀀠(972) 450-7000 􀁾􀁐􀁯􀁾􀁳􀁴􀁟􀁏􀁟􀁦􀁦􀁩􀁟􀁲􀁥􀁟􀁂􀁟􀁏􀁸􀁾􀁾􀁟􀀱􀁟􀀰__􀁁􀁟􀁤􀁟􀁾􀁟􀁏􀁾􀁾􀁟􀁔􀁾􀁟􀁾__􀁾􀁟􀀰􀀰􀁟􀀱􀀭􀁟􀁾􀁟􀀱􀀰______53_00_B_e_lt_Lm_e_R_Oa_d____􀁾􀁅􀁾􀀦􀁋􀁾􀀨􀀹􀁾􀀷 􀀲􀁾􀀩􀁾􀁾􀁾􀁾􀁾􀁭􀁾􀀴􀀳􀀠AGENDA REGULAR MEETING OF THE CITY COUNCIL March 12, 2002 7:30 p.m. COUNCIL CHAMBERS 5300 BELT LINE ROAD REGULAR SESSION Item #R1 -Consideration of Old Business. . Item #R2-Consent Agenda. i f I City Council Agenda 03-12-02 CONSENT AGENDA #2a Approval of the Minutes for the February 26, 2002 Council Meeting. , #2b Consideration of a Resolution authorizing the City Manager to enter into a construction agreement with MasTec North America, Inc. for emergency and rapid response support for the Public Works Department. #2c -Consideration and approval of a Landlord Estoppel Letter for Mission Aire V L.P. located on Addison Airport at 4400 Westgrove Drive. City Council Agenda 03-12-02 -:!tlasTec 􀁁􀁇􀁒􀁅􀁅􀁍􀁅􀁎􀁔􀁎􀁕􀁍􀁂􀁅􀁒􀀺􀁾􀁃􀁾􀀴􀁾􀁏􀀾􀁾􀀰􀁾􀀱􀁾􀀭􀁏􀁾􀀱􀁾􀁏______ Federal Tax l.D. Number: 􀀢􀀬􀀶􀀵􀁤􀀮􀀺􀀭􀁏􀀢􀀬􀀸􀁾􀀲􀀬􀁺􀀹􀀳􀁩􀀡􀁯􀀵􀀬􀀭􀀬􀀭􀀷_____-,-_ CONSTRUCTION AGREEMENT This CONTRUCTION AGREEMENT (hereinafter, "AGREEMENT"), 􀁥􀁸􀁥􀁾􀁵􀁴􀁥􀁤􀀠this """-_____---'____􀀢􀁾􀁊􀀠of______--"-F""'eb"'ruary"""'--___􀁾􀀬􀀠2001, by and between MasTec North America, Inc.• a Florida C9IJloration 4747 Irving Blvd., Suite 221 Dallas. Texas 75347 Telephone: ___-"(2"'1"'4.L.)5"'7ui::;-2"'5"'OO'--______ 􀁆􀁾􀀠____􀁾􀀨􀁾􀀲􀁾􀁩􀀴􀁬􀁬􀀩􀁌􀀵􀀷􀁾􀀱􀁾􀀭􀁾􀁾􀀵􀀵􀀧􀁟 􀁟___________ (hereinafter, "Contractor'') and . Town ofAddison 16801 Westgrove Drive Addison. Texas 75001-9010 Telephone: ___...I("'-97,.,2'-/)"'4"-SO-=28"'7"'9'--______ Fax: _____􀁾􀁾􀁾􀀷􀁾􀀲􀁾􀀩􀀴 􀁾􀁓􀁾􀁏􀁾􀁾􀁾􀀸􀁾􀀳􀀷􀁾___􀁾___ (hereinafter, "Customer") In consideration of the mutual covenants and promises contained in this Agreement, Contractor and Customer agree as follows: . ..... ! i 1. Contractor will perform the scope of Work as Customer's contractor as described on the attached Work Order(s) "('Work')". Contractor will perform the Work in accordance with the terms of this Agreement. 2. Customer may direct Contractor, in writing, to make changes to the Work. Adjustments, if any, in the contract price or the schedule of Work resulting from these changes will be set forth in a Change Order to the associated Work Order. The Change Order shall be fully executed prior to commencement ofthe changed or additional work.. Page 1 of6 Couucil Ageuda Item: II:l/; SUMMARY: This item is to authorize the City Manager to enter into a Construction Agreement with MasTec North America, Inc. for emergency and rapid response support for the Public Works Department. F1NANCIAL IMPACT: Budgeted Amount: NtA Funding Source: Streets and Utilities Maintenance Budgets BACKGROUND: Public Works desires to have an agreement with a contractor that can provide emergency andlor rapid response support to streets and utilities when needed. An example ofa street emergency would be the knock down ofa signal pole or a sudden pavement failure. An example ofa utility emergency would be a large water main break or a sewer collapse. The contract (copy attached) provides that each project is initiated by individual work order and provides a payment schedule for labor and equipment. Materials shall either be furnished by the Town ofAddison, or by MasTec. Materials furnished by MasTec shall be paid at cost plus 15%. The contract has been reviewed and approved by our attorney. MasTec was founded in 1969 and since has become a Fortune 1000 Company traded on the NYSE. MasTec entered the DFW market in 1997 with the purchase ofE.L. Dalton & Co. and specializes in telecommunications, energy, paving, and utility infrastructure construction. ... . . . .. . . . MasTec has performed various projects for the Town, all ofwhich have been to our satisfaction. RECOMMENDATION: Staff recommends that the City Manager be authorized to sign the proposed Construction Agreement with MasTec North America, Inc., which will provide emergency and rapid response support to the Public Works Department. -:-MasTec , ..􀁾􀀠3. Contractor will remove at its expense any trash, debris and surplus materials left over or resulting· from the performance ofthe Work. Contractor will restore the work site(s) to original or better condition upon completion ofthe Work. 4. Contractor and its employees and agents will observe all safety, nondiscrimination, equal employment, drug and alcohol, business ethics and other rules and policies of Customer and all applicable laws, rules and regulations of any governmental authority in performing the Work, including without limitation those relating to safety and heruth, the environment, and .labor and employment. . :. . ... 5. Contractor is engaged as an independent contractor and is not an agent or employee ofCustomer. Contractor acknowledges that this Construction Agreement is not exclusive and that Customer may, in its sole discretion; engage persons or entities other than the Contractor to carry out all or a . portion of the Work or other work related thereto. Contractor will supply all labor, tools, equipment, vehicles, fuel,and other materials necessary to properly perform the Work, other than .those supplied by Customer. Contractor .has full control and supervision of the performance of the Work. Contractor ·is responsible for scheduling Contractor's personnel, subject to the , Customer's schedule of completion and other requirements .. Contractor is solely responsible for payment of all compensation and benefits· to its employees and others engaged by it to perform the Work and for all workers' compensation, unemployment compensation, health, life and disability insurance, social security and income tax withholding, and all other federal, state and local withholding taxes or other taxes,· withholdings and payments due on account of such compensation. . 6. 􀁃􀁵􀁳􀁩􀀺􀁯􀁭􀁾􀁲􀀠will pay 􀁃􀁯􀁮􀁴􀁲􀁡􀁾􀁴􀁯􀁲􀀠fur the Work properly performed and accepted by Customer at the prices described on the Work Order(s). PaYment will be made by Customer to Contractor within thirty (30) days days of receipt by Customer of􀁃􀁾􀀺􀁬􀁄􀁴􀁲􀁡􀁣􀁴􀁯􀁲􀀧􀁳􀀠invoice and any documentation or data in support of such invoice as Customer may require. Any payment will constitute fuIl and complete payment for all work performed by Contractor and identified in Contractor's invoice, but will not constitute acceptance ofany defective work or materials. 7. Contractor guarantees all Work performed against defects in workmanship or materials for a period of one (I) year after final acceptance ofthe Work by Custpmer. Contractor shall correct any such defects within thirty -<30) days Of receipt of written notice, .at its. expense. Unless otlWrwise-specified or directed by Customer, all materials used by Contractor shall be new and both workmanship and materials shall be of fu"St rate quality. Contractor shall, if required by Customer, furnish satisfac:tory evidence as to the kind and quality of materials. No failure or omission of,Customertodiscover, object to· or condemn·any defectivework or material shall . release Contractor from its obligation to ,fully and properly perform the Work or any portion thereof. Ifthe Work or any portion thereof, or any material bro\lght on the site ofthe· Work for use in the Work or selected for the same, shall be deemed by Customer as unsuitable or as not in conformity with the specification, Contractor shall, after receipt of written notice thereof from Customer, promptly remove such material and rebuild or otherwise remedy such Work or portion thereof so that such Work or portion thereof shall be properly performed. 8. Contractor shall not be responsible for the removal of any hazardous materials or substances discovered on the Work site that are not the direct result of work performed by the Contractor; provided, however, that in the event Contractor discovers any hazardous materials or substances ... Page2of6 ) -:oMasTec .... .􀁾􀀠9. 10. 11. 12. at any Werksite, Centractershall immediately netify (by beth eral,and written means) Custemer' ef the same. 'Hazardeus I1tltterials er substances',Ineans any cheliiical, material, air pellutant, texic pellutant, waste, er substance which is (i) regillated as texlc :or hazardeus er expesure to. which is prehibited, limite!! er regulated by any law er regulatien, er (Ii) which ceuld pese a hazard to. the health arid safety efany persen. Centracter shall :net install, stere, use, treat, transpert,discharge er dispese (er permit er 􀁡􀁣􀁱􀁵􀁩􀁾􀁳􀁃􀁥􀀠in the instaliittien, sterage, use, treatirient, transpertatien, discharge er disposal by its efficers; empleyees, agents, centracters, er any ,other persenof) any hazardeusfuaterial er substance ,in cennectien with the Werk er any part 􀁴􀁨􀁥􀁲􀁾􀁥􀁦􀀮􀀠Centracter is and shall be liable and respensible fer the remeval efany such hazardeus material er substances in cennectien with its werk. Either party will have the right to. terminate 􀁴􀁨􀁩􀁾􀀠􀁁􀁧􀁲􀁥􀁥􀁭􀁾􀁮􀁴􀀠at any time upen giving 􀁦􀁥􀁵􀁲􀁴􀁥􀁥􀁾􀀠(14) days Written netice to. the ether party. Upen'terminatien ef thi(Agreement fer any reaSon, Centracter will mediately cease all werk and vacate the jeb site, and will return all'teels, equipment, vehicles and materials supplied by Custemer. Centractor'will be cempensatedfor' all werk properly cempleted prier to. terminatien and 􀁡􀁣􀁣􀁥􀁰􀁴􀁾by Custemer. Any netice required by 􀁴􀁊􀁩􀁩􀁾􀁁􀁧􀁲􀁥􀁥􀁭􀁥􀁮􀁴􀀠will be effective and d.;emed delivered (a) three (3) business days after pesting with the United States Postal Service when mailed ,by certified mail, return receipt requested, preperly addressed and ,with the cerrect pestage, er (b) ene (I) business day after pickup by the ceurier service when sent by evernight courier, preperly addressed and prepaid. ' Netices must be sent to. the addresses set ferth en the first page ef this Agreement, unless either party netifies the ether in writing ef an ,address c;hange; ,which will take effect three (3) business days after receipt (as defined in the preceding sentence) ef tiIe <:hangeby" the receiving party. This Agreement: (a) inures to. the benefit ef and is binding upen the parties and their respective successers and permitted assigns; (b) centains the entire agreement ef the parties and supersedes any earlier er centemperaneeus understanding er agreement; ( c) may net be amended except by a writing signed by each ef the parties; (d) may net be medified er waived unless in writing, and signed by a duly autherized representative ef each party; and ( e) is geverned by the laws ef the state where the Werk is/was perfermed. Centr!lcter wi.!1 defend, Sa\l.e !llJd hoI!! harmless 􀁃􀁑􀁳􀁴􀁯􀁭􀁥􀁲􀁾􀀠its .efflCials, .officers, .empla.yees, agents and atterneys (beth in their efficial and private capacities) frem and against any and all suits, actiens, causes ef actien, claims, regulatery proceedings, jUdgments, awards, penalties, cests, expenses, andlerfees (including, witheut limitatien" atterneys fees) 􀀨􀁴􀁥􀁧􀁾􀁥􀁲􀀠"Liabilities") for er in "cennectien with 'any'injury (inCluding death)' to. ,aily persen, er anY' daniageto or destructien'ef-any property, or any ether harm fer wIllf:hreceverj efdiunages isseught".suffered by. any ,person er, ergariizati()n, that Inay arise eut ef er frem any aCts'or emissiens ef CeJlp-acter , ,er its officers, empltiy'ees, agents, su,bceI1tracters pr ether representiitives in 􀁣􀁥􀁾􀁥􀁣􀁴􀁩􀁥􀁮􀀠with, this Agreement. The ebligatiens ef Centracter to. Custemer with respect to. Liabilities asserted by third parties ("Third' Party Claim") will be subject to. the follewing terms andcenditiens: Custemer will give Centracter prompt netice ef any Third Party Claim,and Centracter will assume the defense, cempremise er settlement thereef promptly by representatives ef its ewn cheesing, at its ewn cest and expense. No. settlement will be agreed to. witheut Custemer's prier written censent, which censent will net be withheld unreasenably. Custemer will ceeperate with Centracter in the defense ef any Third Party Claim. IfCentracter dees net premptly assume the Page 3 o.f6 a:.MasTec defense, Customer,will (upon notice to the Indemnitor) have the right (but not the obligation) to ' defend, compromise or settle the Third Party Claim on behalf of and for the account and risk of Contractor, but' this shaH not relieve Contractor of· its own obligations. Contractor's indemnification hereunder shall apply without regard to whether acts, errors, omissions or neglect of Customer would otherwise, have made them jointlY negligent' or liable for such damage or injury, excepting only that Contractor shall not be obligated to so protect, defend, indemnifY and hold harmless Customer ifsuch damage or injury is due to the sole negligence of Customer. The provisions ofthis Paragraph 12 shall survive the termination or expiration ofthis Agreement. , , 13. Contractor at its own expense shall purchase, maintain 'and keep in force such insurance as described and in the minimum amounts set forth below: (aj Commercial general liabilit)?'(CGL) and, if neCesSary, commercial umbrella insun;nce with a limit of not less than $1,000,000 each occurrenCe, which shall include coverage's for bodily injury (including, without limitation, death) and property damage, and particularly for liability arising from premises,: operations 􀁩􀁮􀁤􀁥􀁰􀁥􀁾􀁥􀁮􀁴􀀠contractors, products/completed operations, persOnal injury, advertising injury, and contractual liability (including" without limitation, the liability assumed Under the indemnity provisions ofthis Agreement). Ifsuch CGL ,insurance contailis a general aggregate limit, it shall apply separately to the Work under this Agreement. There shall be no ,endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage. . (b) 􀁃􀁯􀁮􀀺􀁩􀁭􀁥􀁲􀁣􀁩􀁾􀀱􀀠Automobile L,iability insurance at minimum combined single limits of $1,000,000 per-occurrence for bodily injury and property dariiage, including owned, non-owned and hired car coverage. ' (c) Workers Compensation irisurance at statutory limits, including Employers' Liability coverage at minimum limits of $1,000,000 each-occurrence each-accidentJ$I,OOO,OOO by disease each-occurrence!$l,OOO,OOO by disease aggregate. The above policies shall be endorsed to provide the following, as applicable: (i) in all liability policies, name the Town of Addison, Texas, its officials, offiq!rs, agents, and employees as additi9nal insuredS; (ii) in alUiabili1:)r policies, provide that such, policies are.primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of activities conducted hereunder, and that insurance applies separately to each insured against whom claim is made or suit is brought; and (iii) a waiver of subrogation in favor of the Town of Addison, its officials, officers, agents, and employees ,must be included in all· sucppolicies. Contractor shall maintain all liability policies required hereunder for at least 2 years following the termination or expiration ofthis Agreement. All insurance policies shall be issued by an insurance company with an A.M. Best's rating ofnot less than A-and authorized to do business in Texas and in the standard form approved by the Texas Department of Insurance, and shall be endorsed to provide for at least 30 days advance written notice to Customer of a material change in or cancellation of a policy. Certificates of insurance, satisfactory to Customer, evidencing all coverage above, shall be furnished to Customer prior to the Commencement Date, with complete copies of policies furnished to Page 4 of6 \, " -:.MasTec .-.;:-'".' .. Customer upon request. Cu'Stomer reserVes:the right to review and revise from time to tirrie the' types of inSurance and limitsofliability required herein. . . ,􀁾􀀠􀁾􀀮􀀠15. Contractor shall give adeguate attention.to, the faithful prosecution an4 completion of this , Agreement and shall keejl at the siteofrujy :work hereunder, during any portion of the Wo,rk, a competent superintendent and 'any necessiiy assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor., The 􀁃􀁯􀁮􀁴􀁲􀁡􀁃􀁴􀁱􀁾􀀠shall be solel:{responsible for the safety' of its officers, employees, agents and other persons, 'as well as for the ,protection of the safety of the improvements being erected an" the property qfhlmself or lU)y'other person, as a result of his operations here\U}der. Contractor, shall be fully and completelyjiahle, at its own expenSe, for design, construction, installation and use, or no.n.use, of all items and methods incident to performance of this Agreement; and for all loss; damage oriiljwy incident thereto, : either to person or property, including,' without limitati()n, the adequacy of all temporary, supports, shoring, bracing, scaffolding, machinery or equipment, safety" precautions or devices, and similar items or 4\,vices used by Contractor during construction. ' ' ..;. 16. Contracto, sliall at all 􀁴􀁩􀁲􀁯􀁥􀁾􀁥􀁸􀁥􀁲􀁣􀁩􀁳􀁥􀀠reasonable and prudent precaimons for the safety of its employees, agents, and others (including, Without limitation, members of the public) in, on or near the Work or any portion thereof and shall comply with all applicatile provisions of federal, state, and local safety laws, building and construction codes, traffic safety laws, and all other applicable laws or regulations. Contractor shall provide guards, safe walkways, ladders, bridges, gangply Contractor ofthis Construction Agreement (including, without limitation, any Work Order) (such bond(s) being generally referred to lis a "performance bond"), and (ii) the payment of obligations and all persons performing labor under this Construction Agreement (including, without limitation, any Work Order) (such bond(s) being generally referred to as a "payment bond"), and (iii) the maintenance of Contractor's Work or any portion thereof for a period of one (1) year(s) following the fmal completion and acceptance of any such Work (such bond(s) being generally referred to as a "maintenance bOnd"). . Such bond or bonds shall be in form and :content (including, without limitation, the amount ofthe bond(s» acceptable to Customer and issued and executed by a surety company satisfactory to Customer. Additional terms and conditions applicable to this Agreement, if any, are set forth on the Work Order(s). CUSTOMER:::NTRA,m4 By: __________________________ Robbie Dupree . (Printed Name) (printed Name) Title: ____________-'-__Title: 􀁟􀁾􀁏􀁾􀁰􀀻􀁓􀁥􀁬􀀡􀀮􀁪􀁲􀁡􀀡􀀡􀁬􀁴􀀡􀁜􀁩􀁯􀀡􀀡􀁩􀁮􀁩􀁩􀁴􀁳􀀮􀀡􀁬􀁍􀀢􀀬􀁡􀁮􀀡􀀡􀁬􀁬􀁩􀀱􀁡� �􀁬􀀾􀁧􀁥􀁓􀁩􀁬􀁲􀁌􀀭􀂷____'-Date: ______________Date: ____􀁾􀁖􀀲􀁾􀀶􀁾􀁭􀁾􀀲􀁾_____________ :-. Page 6 of6 t, o:-MasTec AGREEMENTNUMBER: __􀁾􀁃􀁾􀀴􀁾􀀰􀀵􀁾􀀭􀁏􀁾􀁉􀁾􀁾􀁾􀀱􀁾􀁏________ WORK ORDER NUMBER: ______--"0"'01'--_____ WORKORDER This WORK ORDER, executed this £26"-1h____day of February .200I, by and between Contractor Customer MasT.c North America, Inc .. a Florida Gornoration. Town ofAddison 4747 Irvjng Blvd.. Suite 221 1680 I Westgrove Drive Dallas. Texas 75247 Addison. Texas 75001-9010 Contractor acknowledges that it bas visited the site(s), has visually Inspected it and is familiar with the general and local conditions orthe Scope ofWork listed below. ' ....... SCOPE OF WORK At the request ofthe Director of Public Works.ofthe Town of Addison or the Director's designee, Customer shall provide manpower, equipment, and materials required for emergency restoration work (related to streets, public water lines, sanitary sewer lines, storm sewer lines, and street lights) for the Town'of Addison. ' , , , PRICING Compensation for the hourly worn completed will be per the attached hourly pricing shectlocated jn jn Exhibit A, CDSTOMER:􀁃􀁏􀁎􀁔􀁒􀁁􀁾􀀠Q ___________,..-__By: 􀁾􀀠t By:' '{/Robbie Dupree (printed Name) (printed Name) Title: _______________Title: __--'O"'p"'e.,rawtj"'on"'suMana""''''ll1ge'''r_______ Date: ___􀁾􀁾􀁾􀀶􀁾􀀯􀀰􀀲􀁾_________ Date: ________________ -:.I\1asTec -·r . Construction C405-01-010 Exhibit A -Labor and Equipment Hourly Rates LABOR RATES 􀁾􀀬􀀠 Superintendent Working Foreman Skilled Laborer Truck Driver Operator Multiplier for Overtime $ 40.00 !hour $ 35.00 !hour $ 24.00 !hour $ 26.00 !hour $ 29.00 !hour 1.5 !hour Note: Due to the nature of maintenance and emergency restoration work, MasTec proposes completing the work on a time and materials basis with a four (4) hour minimum and a $250.00 trip.charge per call out. Time and material cbarges would begin when the crews left the MasTec yard and end wben the crews returned to the yard. Overtime rates would be utilized on any work outside of normal work h'turs which are Monday thru Friday between the hours of7 AM and 5 PM. Axry materials and or suboontractors utilized, ifany, would be billed at cost plus 15%. Attached is an hourly rate sheet, any items not on this sheet can be negotiated as needed. Locates of existing utilities will have to be performed and the City of Addison will need to belp expedite getting locates on an emergency basis. Labor rates are based on eight hours per day and forty hours per week. Any wolk performed in excess of these hours will be charges at the regular time unit rate times the mUltiplier for overtime shown above. EQUIPMENT RATES ,112 to 1 Ton Truck . DiunpTruck (5 Cubic Yard) Dump Truck (15 Cubic Yard) 300 amp Welder Cutting Torch wlout Gas 175 cfin Air Compressor wlTool. 3" Water Pump 3000 Watt Generator 580 Case Backhoe Trench Box Street Plates Tilt Trailer Electric Grinder Electric Drill. Ditch Witch Hole Hog Haul Truck & Lowboy Rammex Tromper Compae!or Rubber Tire Loader Track Backhoe (65,000 Ibs.or smaller) D-4Dozer Air Blower Hydra Hammer Chain Saw Gas Quickie Saw Compaction Whcel fur Backhoe Boom Truck Large Track Backhoe (over 65,000 lb.) Light Tower Arrow Board Directional Bore rug Vacuum Trailer $ 15.00 !hour .$ 25.00 !hour, .$ 45.00 !hoUr .$ 12.00 !hour $ 5.00!hour .$ 20.00 !hour .$ 5.00 !hour $ 5.00 !hour $ 30.00 !hour $300.00/day .$ 3MO/day .$ 15.00 !hour hour .$ 5.00 !hour .$ 􀁾􀀵􀀮􀀰􀀰􀀷􀁨􀁯􀁵􀁲􀀠.$ 35.00 !hour $ 28.00 !hour $ 50.00 !hour • $ 16.00 !hour $ 45.00 !hour .$ 65.00 !hour $ 50.00 !hour $ 5.00 !hour .$ 46.00 !hour .$ 5.00 !hour $ 5.00 !hour $ 10.00 !hour .$ 45.00 !hour $ 95.00 !hour $ 15.00 !hour $ 15.00 !hour $200.00 !hour $125.00 !hour i -UBERTY P,?-RFOAMANCE . BOND SERVICES BOND 􀁾􀀠;"."d Num:'er. 016-026-711 􀀬􀁾􀀭􀁾􀀭􀀬􀀭􀀭􀀬􀁾􀀭...􀀭􀁾􀀭􀀭􀀮􀀭􀀮􀀭􀀭􀀮􀀧􀀠.-... , 􀀢􀀧􀀭􀀧􀀭􀀭􀀧􀁾􀀧􀀭􀀧􀀠. 􀀭􀀮􀁾􀀬􀀭􀀭. 􀀭􀀮􀀭􀀭􀀮􀁾􀀠nncipal: or 4 1,4 Waive 'it!!. finnl 10 periOrTn lOr) n.plela. a:;an .... lor comp!elion. or obt: "'," ,. }' n_ connctor ""'" 'Wi1h 􀁲􀀢􀁾􀁳􀁯􀁮􀀬􀀬􀁢􀁬􀁥􀀠promptness under ....a ;i,cumstar.ees: a. ...r;er invGstlgation. iretermine '" amount lor wnicl! II mllY be liable,lo the Obligee ana. as SOQ" as •!:,aci'C3n.e aller Ihe amount is letermir.ee: I&nderpaymer:t tl\erelorto Ihe c::.iigee: or -b.,' De.,y,Gabili!y in whole or in 􀁰􀁡􀁾􀀧􀁡􀁮􀁤􀀧􀁮􀁯􀁴􀁩􀁾􀀠Ina C:lIigee citrng ""a;;)ns tnaratar. :-. --. _. 2. tJotwitr.s:anding any Olner provision 0 􀁴􀁴􀁾􀁩􀁳􀀠=onc or 􀁾􀀢􀁥􀀠Contract or clhe.....ise. Ihe Surety is "101 responsible ::;; ar.c shaU "al ta h"ld fiable 10 tha )\lli!;!ee 􀀡􀁾􀁾􀀠any ::a::ar:lo<.:s was:e removal ano me Suret( shail not be r."IC haole 10. crin any other respect 􀁾􀀠l 􀀺􀁥􀁾􀁰􀁯􀁮􀁳􀀺􀁾􀁬􀁥􀁾􀀮􀀠!he Obligee bV way of indemnity. ::taims or Cll"\e!wisE. or ,0 ar.y pu:,iic authOrity cr 10 !:ny oUtt • ;:erson. 􀁾􀀺􀁲􀁲􀀮􀀠01 corporalio:'l. for or On accou:!! cf any tines or claims bv u.y ,:..:::lIc 􀁡􀁵􀀻􀁨􀁯􀁾􀁴􀁦􀀠or fer b::ai.y 'njuri, S 0' p'c:la::y 􀁾􀁡􀀧􀀺􀁬􀀡􀁧􀁥􀀠10 any PErSOn Dr thing. induding. but nOl lirriled lO. ir:jury <)' 􀁤􀁡􀀮􀀢􀀬􀁡􀁾􀁥􀀠cue to the fe,easf c· tr rez.: :' r.'.!!Se of 􀁨􀁡􀁺􀁡􀁲􀀺􀀺􀁯􀁾􀁳􀀠substances 01, ;;ny kinti or carnage 10 􀁲􀁾􀁡􀀺􀀠eS\ate cr to t:i2 envi:-on.,...e:"'\t .cr C::l' !U.....;j C::S:S 􀂷􀁾􀁲􀀠o:r.er c::amag.es 0: whatever ktne: cr natJ.Jfa a:-::sing 􀁾􀁵􀁴􀀠0: an1 act of commission or cm;ssi:: I b, ,'Ie PrinC:,al. t:'\e Principal's Ilgents. sel'llanlS. er:-:ployee$, 􀁳􀁾􀁾􀁣􀁯􀁮􀀻􀀺􀁡􀁃􀁬􀁯􀁲􀁳􀀠Of suppliers or any 011 el' parson I" 􀁣􀁣􀀻􀀻􀁮􀁥􀁣􀀺􀁩􀁾􀀠With !he perfOl':':lance of Ihe ConnaC'. Th'$ limitation applies reg:rn:1less 01 wnen a 1) SUCo'! tir.o is ass;,ssec. claim is mace. or irjurv. damage. releue Dr !flleB\ 01 􀁲􀀦􀁬􀁾􀁡􀁳􀁥􀀠occurs ane wllhOut re! a ':! 􀁾􀀠􀁾􀀢􀁙􀀺􀁡􀁲􀀮􀁮􀀠 '" :ondi!ion of Ute Conm1C1. 3. 􀁔􀁾􀀮􀀠Surety herety waives oolice of an: alle'a:ion!)r extensio"'::ll limO! t:"Illae by ttle Oor-gae. "."y :;;.Iit !!noer [/'lis !lond lond must be ins3' '1iC. befcc6 the expiration of tNo,(2) years ira", e-re 03,19 on whic!\ Ihe P".,dpal ceased 10 woll< Oil Ihe Con 3Ct 􀁬􀁯􀁾􀀠􀁳􀁾􀁃􀀺􀁬􀀠lesse-c' greater lime periocl as otherwise permittee by relevanll..",). It me 􀁾􀁲􀁯􀁶􀁩􀁳􀀢􀀢􀀢􀁳􀀠of [/'lis p It.a:;raot. are "",d or 􀁰􀁲􀁣􀁨􀁩􀁾􀁉􀀢􀁃􀀠t\· law, 11'18 rr.n:mum perioa ct lin;ltation availaole to sureties as a oet&nse in ttu' juri!.c1icticn oj 1t.8 scit snal" bQ 􀁡􀁰􀁰􀁬􀁩􀁣􀁡􀁢􀁬􀁥􀁾􀀠S. No righl of action 511all acC'Ue on Ihl: t ·,nr;) 10 ct 􀀺􀁏􀁾􀀠t':c use 01 any person or corporat:on omer tna.'! ttie 001;9"e na.-neC 119:9'n Or me heirs. exe :l:lor5. aorr.i";s(",'C:-S Of successors 01 \he ObliQ Meeting. FA 19<:62, i:l...TEO as or this _-=2",St:::;h::...._ day of __ February WITNESS fATTEST: -'." LISE RTYMUTUAL .INSU.RANCE 􀀮􀁣􀁣􀁩􀁩􀁬􀁁􀁩􀁏􀀧􀁁􀀺􀁎􀁾􀂷􀀠,,(!;.oat). ' • /" ' ," ", .. : . . :.', 􀂷􀀧􀀮􀁬􀁾􀂷􀀠",. ". '/_ " 􀀨􀀤􀀢􀀧􀁾􀁉􀁖􀁉􀀠 ' "'􀀺􀁹􀀺􀁾􀁾􀁾􀁾􀀭􀁾􀀢􀁩􀁡"co L1: '.;' 􀀺􀀧􀀺􀀺􀁾􀀻􀀢􀁾􀀺􀀧 􀀠􀀢􀀧􀀺􀁾􀁾􀀺􀀺􀀧􀀠...􀀬􀀮􀁾􀀬􀀮􀀮􀀠. ,'\􀀤􀀮􀁴􀁾􀁾􀁾􀁾;/"'·",,:·:..􀀻􀀺􀀺􀁴􀁾􀀠􀁾􀀮􀀠􀁾􀀧􀀻􀁾􀀺􀀺􀀺􀁾􀀬􀁩􀀺􀁾􀀻􀁾􀁾􀁾􀀧􀁾􀁾􀁟􀁟􀀠􀀧􀁎􀀢􀁏􀀺􀁾􀁜􀁩􀀩􀁱􀁩􀁹􀁾􀁐􀁾􀁕􀁾􀁢􀁾􀁉􀁉􀁃􀀿􀁊􀀮􀁴􀀭􀀮􀀮􀀱􀀮􀁾􀀬􀀨 􀁊􀀺􀀱􀀬􀀻􀀺􀀮􀁴􀀺􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭-<:::iJI1Y p-Jy:'.. 􀁃􀁅􀁒􀁔􀁉􀁆􀁉􀀿􀁾􀁔􀁅􀀠,." I. the undersigned, 􀁁􀁓􀁳􀁩􀁳􀁴􀁡􀁮􀁲􀁓􀁥􀁣􀁲􀁥􀁾􀁲􀀩􀂷􀀬􀁰􀁦􀀠Liberty Mutual Insurance Compa"ny, 􀁤􀁯􀂷􀀧􀁨􀁥􀁲􀁾􀁢 􀁹􀀠certify. that the originaf-power of attorney of which the foregoing is a full, true and correct 􀁱􀁏􀁰􀁾􀁲􀀻􀀺􀁊􀀤􀀱􀁮􀀻􀀠fun force and"e(fect on the 􀁤􀁾􀁴􀁥􀂷􀁑􀁦􀁊􀁨􀁩􀁳􀀠ce.rtlflC{\te; and.X,do further certifY.that the officer who eXe<:uted the said power of attorney was one of 􀁴􀁨􀁾􀀮􀀹􀁦􀁦􀁩􀀮􀁣􀁥􀁲􀁳􀀠specially· auIDon?"ed.by, the· chaitman or the 􀀧􀁰􀁴􀀺􀁥􀁳􀁩􀁤􀁥􀁮􀁮􀁾􀀺􀁲􀁡 􀁰􀁰􀁯􀁩􀁮􀁾􀀠􀁡􀁮􀁹􀂷􀀬􀁡􀁕􀁯􀁲􀁮􀁥􀁹􀁾􀁪􀁮􀀭􀁦􀁡􀁣􀁴􀀠as provided In Article XVI, Section 5 of the By·laws of 􀁌􀁩􀁢􀁥􀁲􀁴􀁾􀁲􀀮􀀺􀁍􀁵􀁲􀁵􀁡􀁬􀁬􀁮􀁳􀁵􀁲􀁡􀁮􀁣􀁥􀀠􀁃􀁯􀁭􀁰􀁡􀁲􀁪􀀧􀁹􀁾􀀮􀀺􀀠»,' .' " •.. This certllicate may be signed by facsimile under and by authority of the following vole of the board of directors of Uberty Mutual Insurance Company at a meeting duly called and held on Ih.e 12th day of March, 1960. VOTED that the facsimife or mechanicarly reproduced signature of any assistant secretary of Ihe company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon 1he company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto sUbscribed my name and affixed.t.be corporate seal of lhe said company, this __.::2:.:5"t"h=-__ daY of February 2002 . ,.,:,,;:cc';" 􀁾􀀠_mmmm _. !()\.Z/L􀀧􀀮􀀬􀁾􀀠....􀀢􀁾􀀻􀀧􀀯􀀠I 􀁮􀁩􀂷􀁩􀂧􀁡􀁾􀀢􀀢􀀧􀀧􀀧􀀭􀀧􀀽􀀺􀀺􀀧􀀧􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER 􀁾􀀮􀁊􀁊􀁉􀁉􀁕􀁬􀁬􀁬􀁬􀁬􀁬􀀼􀁥􀁷􀁬􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀬� �20 03 􀁾􀀺􀁌􀁩􀁢􀁥􀁬􀀱􀀮􀁹􀀠Interchange Corporate CartIer 450 Plymouth Road, Suite 400tPJ •aond Services.. PI)Iff'\oulh Meetfng, fA. 19452v1644 Ph. (610) 832-lJ240 PAYMENT BOND Bond f\ Jmber:016-026-711 KNOW 60LL MEN BVTHESE PRESENTS, that we Mas Tee North America, Inc. 4747 Irving Blvd., Suite 221, Dallas. Texas 75247 ,asprincipal (the 'Princlpalj, and Ut,.rty Mutual Insurance Company, a Massachusetts mutua! Insuranoe company, as surety (the "Surely"), are 􀁨􀁥􀁾􀀺􀀠and firmly bound unto Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 ,as obligee (the "Obligee"), In the 􀁾􀀬􀁭􀁡􀁬􀀠sum of One Hundred Thousand and 00/100-----------------------------􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭Dollars ($ 100,000, 00 ), for the laymen! of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, exscutus, administrators, successollS and assigns, Jointly and severally. firmly by tt,ess presents. WHERi:AS, AS, the Principal has by written agreement dated the ___day of , ____ entered into a contract (the "Cootract') with the Obligee for Emergency Restoration Work (related to streets, public water lines, sanitary sewer lines, and street lights), various locations throughout the Town of Addison. NOW, 'rHEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, thai If the Principal shall prompUy make P iymant to all Claimants, as hereinafter defined, lor alilabar and material used or reasonably required lor use In .: le performance of the Contmol, then this obligation shall be null and void; othelWise It shall remain In full force a',d affect. PROVIDED AND SUB..IECT TO THE CONDITIONS PRECEDENT: 1. A "Claimant" is defined as one having a dirac! contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for U$e in the performance of the Contract, labor and material being construed to Include that part of water, gas, power. light, heat, oil, gasoline, telephone service or rental of eqUipment dlrecty applicable to the Contract. 2. The Principal and the Surety hereby join"y and severally agree with the Obliges that every 􀁃􀁬􀁡􀁩􀁭􀁡􀁮􀁾􀀠who has not bean paid in full before the expiration of a period of ninety (eo) days (or such I_er or greater time period as otherwise pelmltted by relevant law) after the date on which the last of such Claimant's work or labor was done or performed, or matenals were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or Bxpenses of any such suit. S. No suit or action shall be commenced hereunder by any Claimant: (a) Unless Clalment, other than one having a direct contract with the Prin:ipal, shall have given written notice to the Principal and the Surety within ninety (90) days (or such las58r or greater time period as otherwise permitted by ""levant law) after such Claimant did or performed the last 01 the work or labor, or fumlshed the last of the materials for which said claim Is made, stating with substantial accuracy the amoun! Claimed and'!he name of the party to whom the materials were fumlshed, or tor whom the work or labor was done (lI" performed. Such notice shall be served by mailing the same by registered mall or certified mall, POl;tage prepaid, In separate envelopes addressed 10 too Principal and Surety. The Principal may be served at any piaee where an office is regularly maintained for the transaclion of business, or In any manner in which tagal process may be served In the state In which the aforesaid project Is located, save that such service need not be made by a public officer. The Surety may be served to the attention of The Surety law Department at the above-llsted address. (b) other than in a state court of competent jurisdiction in and for the county or other 􀁰􀁯􀁬􀁾􀀱􀁣􀁡􀁉􀀠subdiVIsion of the stele In In which the proJect. or any par! 􀁴􀁨􀁥􀁾􀁬􀀮􀀠Is Situated, or In the United States District Court tor the 􀁤􀁩􀁳􀁾􀀱􀁣􀀱􀁬􀁮􀀠which the project, or any part thereof, is situated, and not elsewhere. LMIC-52:0 1012 Rev. 05/14/01 (e) After the expiration of one (1) year (or such lesser or greater time period as otherwise permitted by relevanllaw) following the date on which the Subcontractor provided th$ last labor and/or materials to the project. II the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to su",Ues as a defense in the julisdiction of the suR shall be applicable. 4. Surt tty shall have no 􀁬􀁩􀁡􀁢􀁮􀁾􀁹􀀠to an:f Claimant under this Bond for any amount unlEiss It is due and owing to the Cia nant by the Principal pursuant to th... express terms of the contract belween the Principal and Claimant or, if tI • Claimant does not have a direct Contract with Principal, pursuant to the terms and conditions of lhe Contract between tl'le Claimant ,and the Subcontractor to the Principal. The Bond Incorporates ail of the Pritt :Ipal's contractual dafenses, including but not limited to pay-if-pald provisions, whereby payment to tha Cia ·nan! is subject to tha condition precedent of the Obligee's payment 10 the Principal, and other umllations on "mounls due under the Contract between Principal and 􀁃􀁾􀁩􀁭􀁡􀁮􀁬􀀠5. Th, amount of this bond shall be reduced by and to the extent of any payment or payments made In good faith her', under, inclusive of the payment by the Surety of mechanics' liens, which may be filed of record against suo', improvement, whether or not claim for the amount of such lien be presentsd under and against this bonl!. DATED iS of this 25th day 􀁯􀁦􀁟􀀭􀀭􀀭􀀢􀁆􀀢􀀧􀁥􀁾􀁢􀀽􀁲􀁾􀁵􀁾􀁡􀀽􀁲􀁾􀁹__"20 02 WITNE:,S I ATTEST: MasTec North America, Inc. IPrinclpal) ?fJ{L􀁁􀁾􀀠[Seal)􀁂􀁙􀀺􀀿􀁾􀀠Name: Richard E. ordaTl Bobby Farrell TItle: President -Western Region UBERTY MUTUAl.. INSURtU;CE COMPANY (Surety) t) By' 􀁾􀁲􀀺􀁾􀀠(Seal)• Attomey.iflOOF8CtIleana Perez Cou BY: Texas Resident Agent LMlc-520( 20/2 Re..... 05/14101 --------...􀁾􀀭􀀭..THIS POWER OF ATTORNEY IS NOT V" 'I) UNLESS IT IS PRINTED ON RED BACKGr IND. 929888 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authorily of the By·law and Authorization hereinafter. set forth, does hereby name, constitute and apPOint, ILEANA PEREZ, JULIA; RUSSELLLJANE·C. WARREN, RONALD D .. MORRISON,MICHAEL F. VADACH, MERCEDES M. PAMPARATTO, SOCORRO RIOS, MARIAC. RODRIGUEZ, BRIAN V.·FITZSIMMONS, ALL OF'THE CITY OF SUNRISE, STATE OF FLORIDA." ............ " ........................ :,...." ............. : .................. "".................. ".; ................... : .............................................................................................. . ......" ..............................."'.................................",...........,..,,"'...... .....................................................,................,.............'..................................................... . . .......................................,'............... ...................,.................:.. " ............................................................." ................................................................................ ,each individually, and If there be more thaRone named, 􀁩􀁾􀂷􀂷􀁾􀁲􀁵􀁥􀀮􀁡􀁮􀁤􀀠lawful 􀁡􀁴􀁴􀀮􀁯􀁲􀁮􀁥􀁹􀁾􀁪􀁮􀂷􀁦􀁡􀁣􀁴􀀠tq make, 􀁾􀁸􀁾􀁣􀁵􀁴􀁥􀀮􀀠seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all bOfjos an9 conset}ts' of 'surety for the release of 􀁲􀁥􀁴􀁡􀁩􀁮􀁾􀁤􀀠percentages andlor final estimates on engineering and construction contracts,-or similar authority 􀀬􀁲􀁾􀁩􀁊􀁬􀁲􀁾􀁤􀀠by.􀁴􀁨􀁾􀀠Department ·of. Transportati,on, SI.ate 'of Florida, LtMITEO in the amount ot SEVENTY MILLION AND OO/100u"'/I..􀀢􀀧􀁾􀀺 􀀪􀀪􀀪􀀮􀀢􀁾􀀪...􀀢􀀧􀀮􀁾􀀮􀀪􀀪􀀪􀀮􀀮􀀠. ..􀁾􀁏􀁏􀁕􀁁􀁒􀁓􀀠($ 70.000;OOO.OOU:HU.,) each, and the execution of the ajoresaid >bonds and consents of surety. In pursuance 0' these presents, shall be as binding upon the Company as if they had bean duly signed by the president 􀁾􀀠.. and attested by the secretary of the Company in their own proper persons. (J) 􀁾􀀠That this power IS made and executed pursuant to and by authority of the following By-law and Authorization: 􀁾􀀠ir ARTICLE XVI 􀁾􀀠Execution of Contracts: Section 5. Surety Sonds and Undertakings. 􀀮􀁾􀀠,. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such ::J 􀁾􀀠i limitations as the chairman or the president may prescribe, shall appoint such attorneys-In-facI, as may be neqessary to act in behalf of the ! J:S C company to make, execute, seal, acknowledge and deliver as surety any and all under1akings, bonds, recognizances and other surety e: :l m obligations. Such 􀁡􀁴􀁴􀁯􀁭􀁥􀁹􀁳􀀭􀁩􀁮􀁾􀁦􀁡􀁣􀁬􀀬􀀠subject to the limilations set for1h in th'eir respective powers of attomey, shaU-have full power to bind the «1 ..t... company by their signature and execution of any such instruments and 10 attach thereto the seal of the company, When so executed such _ C 􀁾􀀠􀁾􀀠instruments shall be as binding as it signed by the president and attested by the secretary. B::. :.> (l) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint 􀁡􀁴􀁴􀁯􀁲􀁮􀁥􀁹􀁳􀀭􀁩􀁮􀁾􀁦􀁡� �􀁴􀀺􀀠>.(J):: .a W 􀁾􀀠(13) Pursuant to Ar1ieie XVI, Section 5 of the By-laws, Assistant Vice President Gamet W, Elliott is hereby authorized to apPOint such 􀁡􀁴􀁴􀁯􀁲􀁮􀁥􀁹􀁳􀂷􀁩􀁮􀁾􀀠E E !! _ fact as may be necessary to act in behalf ot the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, g C.i 􀁾􀀠bonds, recognizances and oth&r surety obligations. c:( 􀁾􀀠􀀠􀁾"0 That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. '0 ;:rc: "0 􀁾􀀠e? IN WITNESS WHEREOF, this instrument has been subscribed by lis authorized officer and the corporate seal of the said Uberty Mutual Insurance 􀁾􀀭􀁧􀀠-: t... Company has been 􀁡􀁦􀁩􀁩􀁸􀁥􀁤􀀬􀁾􀁾􀀺􀁥􀁲􀁾􀀻􀁦􀀿􀀮 􀁽􀁮􀀠Plymouth Meeting, Pennsylvania this 1s1 􀁭􀁾􀀠day of II me 2001 =: «I 3> 0 0 E 15 J!! LIBERTY MUTUAL INSURANCE COMPANY ';; '" 􀁣􀀺􀁾􀀠􀁾􀀠, :' __i"-11 :c:5 􀀸􀀬􀁾􀀠By 􀁾􀁤􀁲􀀠W.·-􀁾􀀠=c.; 􀁾e Gamet W. ElliolL, Assistant Vice president 0 C 􀁾􀀠J!! 􀁾􀀤􀀠􀀰􀁅􀁾􀀧􀁾􀀠COMMONWEALTH OF PENNSYLVANIA ss. 'ii.l: ... COUNTY OF MONTGOMERY >..c_ 'iii 0'" Q"'" ... On this __t$,L_-day-of"_.-____􀀬􀀬􀁟􀀬􀁊􀁟􀁵􀁮􀁅􀁌􀁟􀀬􀁟􀁾___,,_, AD, 2QQL, before me, a Notary Public, personally came the individual, known to .!q-g 􀁾􀁩􀀠me to be the therein 􀁤􀁥􀁾􀁑􀀮􀀨􀁬􀁢􀁥􀁴􀁩􀀭indiy igual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled--􀁾􀀠􀁾􀀠􀁾􀀠ged that he 􀁦􀁊􀁘􀁥􀁣􀁵􀁴􀁾􀁾􀁾􀁾􀁑􀁪􀁾􀁾􀁾􀀮􀁊􀀮􀁮􀂧􀀮􀁴toe seal affixed to the said preceding instrument is the corporate seat of said company; and that said corporate; E 􀁾􀀠.... t::: seal and his 􀁳􀁩􀁧􀁮􀁡􀁴􀁏􀁲􀁅􀁄􀀤􀁃􀁀􀁓􀁃􀁲􀁪􀁢􀁾􀁤􀁬􀁦􀁬􀀮􀁷􀁾􀁴􀁯􀀬􀁾 􀁡􀁳􀀠duly aJfixed and 􀁳􀁬􀁦􀁢􀁓􀁃􀁲􀁩􀁾􀁥􀁤􀀠to 􀁾􀁨􀁥􀀠said instrum!?nt by 􀁡􀁵􀁾􀁾􀁯􀁲􀁈􀁹􀀠and directIon of the said company. ! 􀁾(1) o :::Ii :! Q !(,>, _ ,.,--􀁾􀀠if! I "" " '. ' c (X) Z 0 IN TESTIMONY 􀁗􀁈􀁅􀁒􀁾􀁦􀀠􀁉􀀢􀁨􀀮􀁥􀁲􀁾􀁵􀁮􀁴􀁾􀀠sot..􀁭􀁹􀁟􀁨􀁡􀁮􀁤􀁊􀁾􀁄􀁦􀁬􀁡􀁦􀁦􀁄􀁵􀁮􀁹􀀮􀀮􀁯􀁦􀁦􀁴􀁣􀁩􀀮􀁡􀁬􀁳􀀮􀁾􀀧􀀿􀀱􀀠at Plymouth 􀁍􀁥􀁥􀁾􀁩􀁾􀁧􀀬􀂷􀀮􀁐􀀠,the day and, year first above written. i 00 􀁜􀁾􀁜􀁾􀀠􀁾􀁾􀀮􀀾􀁾􀁾􀁦􀀢􀁩􀀨􀀯􀀺􀀺􀀭􀂷􀀧􀀠". 􀀻􀁾􀀻􀁾􀀬􀁾􀀺􀁾􀀻􀁾􀀬􀀿􀁾􀀺􀀮􀀺􀀺􀀻􀁾􀀺􀀲􀁴􀁬􀀮􀀭􀀺􀁾􀀺􀀬􀀻􀁾..􀁧􀀺􀀺􀀻􀁾􀀺􀀨􀀧􀀠J '." ': ':' ,;..' 􀁾􀁾􀀠􀁜􀀺􀀡􀀺􀀮􀁤􀁪􀁬􀀺􀁾􀀯􀀠. 􀀧􀀬􀀧􀀧􀀧􀀬􀀻􀁾􀀮􀀭􀁾􀀵􀀧􀀧􀁦􀁾􀁾􀁦􀁦􀁾􀀻􀁤􀁁􀁾􀁅􀀠.... .'. ....... -.' I, the 􀁕􀁮􀁤􀁥􀁲􀁓􀁪􀁧􀁮􀁥􀁤􀀺􀀢􀀧􀁁􀁳􀁳􀁾􀁡􀁾􀁴􀀼􀁳􀀨􀁣􀀨􀁥􀀻􀁴􀁡􀂷􀁲􀁹􀀠􀀮􀁾􀁦􀀮􀀠Lib erty 􀁦􀁾􀀧􀁵􀁩􀁾􀀡􀀠Insurance 􀁾􀁢􀁾􀁾􀁮􀁹􀀬􀀠􀁤􀁇􀀧􀀺􀀢􀁾􀁥􀁲􀁾􀁢􀁙􀀠􀁣􀁴􀀻􀁾􀁩􀁾􀀬􀁩􀁴􀁴􀁡􀁴􀀠the 􀀮􀀰􀁲􀁩􀁧􀁩􀁯􀀬􀁾􀁴􀂷􀀧􀁐􀁯􀁷􀁥􀁲􀀠of attomey of which the foregoing is a full, true-and correct QO:py.;.-f$: 􀁪􀁮􀁾􀀠full force aliff'effect on the dale bfthis 􀁣􀁥􀀺􀁲􀁴􀁩􀁦􀁩􀁣􀁡􀁴􀁾􀀻􀀠and,:1 dei. fur1her 􀁣􀁾􀁵􀁹􀀧􀀠that1he officer who executed the said power tit attorney was one of 􀁴􀁨􀁾􀀮offic¢rs speclaUy 3ufho'tl,i'ed' t;w tl1,e·.chajrman-or 1h€,'president to 􀁡􀁰􀁰􀁾􀁩􀁮􀁴􀀠any. attorney-in-fact as.provided [n Article XVI. Section 5 of the 􀁂􀁹􀁾􀀱􀀳􀁷􀁳􀀠cif 􀁕􀁢􀁥􀁲􀁴􀁽􀀼􀁾􀀱􀁵􀁴􀁵􀁡􀁬􀂷􀁬􀁮􀁳􀁵􀁲􀁡􀁮􀁣􀁥􀀠Company" J', -", -" This certificate may De 􀁳􀁛􀁧􀁮􀁾􀀠by facsimile under and by'authority of the following vote 01 'the 'board of directors of Liberty Mutual insurance Company at a meeling duly called and held on the 12th day of March, 1980. VOTED that the facsimife or mechanically reproduced Signature of any assistant secretary of the company wherever appearing upon a certified copy Of any power of attomey issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and 􀁡􀁦􀁦􀀻􀁸􀁾􀁤􀀮􀀮􀁬􀀮􀁑􀁥􀀠corporate seal of the said company. this.. 25th day of -Febr1Iary , 􀀮􀀮􀀮􀀮􀀲􀀰􀀮􀁬􀁬􀀲􀀮􀀮􀀮􀀮􀀨􀀬􀁾􀀻􀁣􀀻􀁾􀁜􀀠.....//O/,!-'Y 􀁩􀀼􀀺􀀻􀁾􀀺􀁪􀀺􀁪􀀻􀁾􀀺􀀧􀀠􀁾􀁣􀁾􀁦􀁾􀀠TH1S POWER OF A TIORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER 􀁾􀀮􀁉􀁉􀀱􀁉􀀢􀀬􀁬􀁏􀁬􀁉􀁥.....l ________•20 􀁾__.03.-. MAIN I t:.rt.M.,,,,,t;;.. lRLIBERlY BONO. 􀁾BOND SERVICES Bond Number. 016-026-711 KNOW AU. MEN 6Y THESE-PRESENTS, !M! we MasTec North America, Inc. 4747 Irving Blvd., Suite 221, Dallas, Texas 75247 . as Principal. (th. ·Princlpal'). and Uberty Muluiilln! 'Jr,_e Company. a mutual compeIIW duly organized under !h. laws 01 tne CommOMwealth of Massachus.tts, as Surety. 􀀨􀁴􀁨􀁥􀀧􀁾􀀠􀀧􀁊􀁲􀁾􀁴􀁹􀀧􀀩􀀬􀀠are h.ld:and i,rm'y bound ",,'0 Town of Addison 16801 West grove Drive, Addison, Texas 75001-9010 as Obligee (the "Oblige.,,). in 􀁴􀁾􀁥􀀠penal5umof One Hundred Thousand and 00/100---------------------------.:.-------------------------------------------Dollars ($ 100, 000.00 ), f'" th. payment of which sum well and Indy to be ,,,,adl,. the Pri1elpal and the Surell', bind ourselves, our heir!!, executors, administra!o"" suceessors and assigns, joinUy and f'!!'iemlly, firmly by these pr.am•• WHEREAS. the f'rincipal has by wollen agreemant· 'Bled .19,ental1ld intO II eontract (lhe'ConbaCl,) with the ObUgts f(lr Emergency Restoration Work (related to streets, public water lines, sanitary sewer lines, and street lights), various locations throughout the Town of Addison. which contrae: Is by r.ference made a part hsreo!. NOW, THEREFORE. the condition of this 􀁯􀁢􀁬􀁬􀁾􀁡􀁴􀁩􀁯􀀠􀁾􀀻􀀠SJch that it th. Principal shall ... ",eoy WI!hout cost to the Obligee any defect which may d ..... lop during a peMod of __ '1!1!11'(1l) from the dot. of completi.., ", .. Nota'l'Publlo '\";h 􀁾.. , . • " ." . ',. "··c...... 'j . 􀁾􀁾􀀴􀀻􀀬􀀠􀀭􀁾􀁜􀀭􀀮􀀢􀀠j "." ,,-I 􀁜􀀺􀁻􀁾􀁦􀀥􀁾􀀣􀀠" '. 􀀧􀀺􀀺􀀧􀀧􀀧􀀺􀁾􀀺􀁒􀁔􀁉􀁾􀁃􀁁􀀫􀁾􀀠I, the 􀁵􀁮􀁤􀁥􀁲􀁳􀁬􀁧􀁮􀁥􀁤􀁾􀁳􀁴􀁡􀁮􀀭􀁲􀀧􀁓􀁥􀁣􀁲􀁥􀁴􀁡􀁲􀁹􀀠of Liberty Mutual Insurance Company, d(;')l1Eueby certify that the original power of attorney of which the foregoing js a full, true and correct C9PY,' 􀁦􀁾􀀨􀁩􀁦􀀱􀀮􀀠full 􀁴􀁯􀁾􀁣􀁥􀀠and effect on the da,t(J;' of:this certi.fiea;te; and,,_,I,90 further cerhfY.:that 1he offiCer who executed the said power 6f attorney was one of 􀁴􀁨􀁥􀁟􀀮􀀺􀀹􀀡􀁦􀁾􀀮􀁥􀁾􀁳􀀠specially 􀁡􀁵􀁴􀁨􀁾􀁬􀁲􀁩􀀮􀀿􀀺􀁥􀁤􀂷􀂷􀁢􀁹􀁊􀁨􀀬􀁥􀀺􀀬􀀠􀁣􀁨􀁾􀁩􀁲􀁭􀁡� �􀀠or 􀁴􀁨􀁾􀀠president to' i!lppoJnl 􀁡􀀬􀁮􀁹􀀧􀀬􀁡􀁴􀁴􀁯􀁲􀁮􀁥􀁹􀁾􀁩􀁮􀁾􀁦􀁡􀁣􀁬􀀠as provtded in Article XVI. Section 5 of the 􀁂􀁹􀁾􀁬􀁡􀁷􀁳􀀠of Ubefty)Autuallnsurance Company. '.:, . This certificate may be signed by' facsimile under and by authority of the following' vote of the 􀁢􀁾􀁡􀀺􀁲􀁤􀀠of directors of Lfberty Mutual Insurance Company at a meeting,duly called and held on Ih_e 12th day of March, 1980. VOTED thaI: the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subSCribed my name and affixed the corporate seal of Ihe said company, [hiS __2..,:5:,.t::.,hc....__ day of February , 2002 . .<.􀀮􀀺􀀧􀁾􀀠//.), _._£f4 􀁾􀀠􀁾􀀠t 􀁮􀁴􀁳􀁯􀁣􀁾􀁲􀀮􀁾􀁴􀁾􀁡􀁾􀁾 􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER 􀁾•.JJh"tnIlPP..l1'--_______________ • 􀀲􀀰􀁾􀀮􀀠 -:fe1asTec AGREEMENTNUMBER: __􀁾􀁃􀁾􀁾􀁾􀁏􀀢􀀱􀁾􀀭􀁏􀁾􀀱􀀰􀁌􀀭______ WORK ORDER NUMBER: ___􀀮􀀽􀀺􀁬􀀡􀁬􀁩􀀹􀀹􀁾􀀱􀁟􀁏􀀮􀀺􀀺􀀺􀀮􀀮􀀮􀀺􀁏􀀺􀀮􀀮􀀮􀀺􀀳􀀭􀀺􀀮􀀮􀀺􀀺􀀮􀀮􀀮􀀮􀁟􀀠WORK ORDER aco'f-This WORK ORDER. ex";'uted 􀁴􀁢􀁩􀁳􀁾􀀠(, -t6-day of F£>!=a 􀀮􀁾􀀬by and between Contractor Cnstomer l!:I;!sTec North America.. Inc" a Florida ComO!1ltion. Town ofAddison 4141 Irving Blvd .. Suite 221 1680 1 Westgroye Drive Dallas. Texas 15241 Addison, Texas 15001-9010 Contractor acknowledges that it bas visited the site(s), bas visoally inspected it and is Jimtiliar with the general and local conditions ofthe Scope ofWorIc listed below. '"" SCOPE OF WORK At the reqnest afthe Director afPublic Warks ofthe Town ofAddison or the Director's designee, Customer shall provide lIlaIlpOwer, equipment, and materials required for emergency restoration work (related to streets, public water lines" sanitruy sewer lines" storm sewer lines, and street lights) far the Town afAddison. If. • ftepllIr 􀀶􀁲􀀧􀁄􀁾􀁦􀀧􀁙􀁉􀀠􀁾􀀠fvt. tJtd:lr main ,:,1-l1or-H. end 􀁾f.-Mdl$Wt 􀁉􀁴􀁈􀁾􀁉􀀢􀀬􀀡􀀺􀀠 tift rN..v..Uf,f$rd-t.. 􀁊􀁲􀁬􀁡􀀮􀁳􀀱􀀢􀁾 􀁥􀀮􀀮􀀮􀀠􀁾􀀠-ArYl/51, &t It la/'II1Y art,,) 􀁾􀁾􀁦􀀺􀁕􀀱􀁚􀁾􀁹􀀿􀁴􀀭􀀻􀀠IOwn. bf/ttMtS.n1 wdffu,rYli.,h4-t/prjJ-e., 􀁦􀁲􀁈􀀧􀁙􀁬􀀱􀁾􀀠tin&. b4J::./l1I 􀀤􀁉􀁬􀁎􀁩􀁾􀁲􀁲􀀮􀁱􀀻􀀮􀁬􀁴􀁩􀁙􀀧􀀮􀀠 ()?1l5fec.. k b4..c./::.{:tI/&!Y1J urnflt.d-PRICING n",fjll'c:. 5",( lind 9n: 3S.00 thour I> 28.00 Ibour $ So.oO!hour $ 16.oolbour $ 4S.oo/hour $ 65.00 Ibour $ SO.OO Ibour $ S.OOlbour $ 46.00 thour $ S.OOthour $ S.oolbour $ 10.00 thour $ 4S.00 thour $ 9S.OO IbOUT $ IS.oolbour $ 15.00/hour $200.00 IbOUT $125.00 thour .. , Jim Pierce To; Josh Thomas (E-mail) Subject: FW: MasTec Bond Language Josh: Attached is a "bond paragraph" that can be added to the agreement that gives us some flexibility. Fill in one year for the maintenance 􀁰􀁥􀁲􀁩􀁯􀁤􀁾􀀠I am also mailing you a markup that has some minor changes. This should do it! Jim 􀁆􀁩􀁥􀁲􀁣􀁥􀁾􀀠-----Original Message----From: HILL, JOHN [mailto,jhill@cowlesthompson.com] Sent: Thursday, 􀁊􀁡􀁮􀁾􀁡􀁲􀀧􀁩􀀮􀀮􀀮􀀮􀀻􀁬􀁬􀀢􀀢􀀠..,:4ltQ;L12: 32 FM To: 'jpierce@ci.addison.tx.us' Cc: DIPPEL, KEN Subject: MasTec Jim--below is proposed language regarding bonds as we discussed this morning: Customer shall have the right to require the Contractor to furnish, and Contractor shall promptly furnish, a surety bond or bonds as security for and covering (i) the faithful performance by Contractor of this Construction Agreement (including, without limitation, any Work Order) (such bond(s) being generally referred to as a "performance bond"} I and (ii) the payment of obligations and all persons performing labor under this Construction Agreement (including, without limitation, any Work Order) (such bond(s) being generally referred to as a "payment bond"), and (iii) the maintenance of Contractor's Work or any portion thereof for a period of year(s) following the final completion and acceptance of any such Work (such bond(s) being generally referred to as a "maintenance bondll ). Such bond or bonds shall be in form and content (including, without limitation, the amount of the bond!s) acceptable to Customer and issued and executed by a surety company satisfactory to Customer. The number of years on the maintenance bond will need to be filled in. Please call with any questions or comments. John 1 __________________________ _ Public Works I Engineering 16801 Westgrove. P.O. Box 9010 Addison, Texos 7500] 􀁔􀁥􀁬􀁥􀁰􀁾􀁯􀁮􀁥􀀺􀀠(972) 450-2871 • Fax: (972)450-2837 IDATE /_ 3/-07-IJOB NO. ATTENTiON iRE: I i GENTLEMAN: WE ARE SENDING YOU A'Attached o Under separate cover via ______ the following items: o Shop Drawings o Prints o Plans 0 Samples 0 Specifications 0 __________________ ________o Copy of letter o Change order COPIES DATE NO. DESCRtPTION 7 /411 j -t-ft Ll J 􀁾//O"..A j) j) /h. • < I --, f . THESE ARE TRANSMITTED as checked below: o For approval 0 Approved as submitted o Resubmit _____ copies for approval p(For your use 0 Approved as noted o Submit copies for distribution o As requested 0 Returned for corrections o Return corrected prints o For review and comment 0 o FOR BIDS DUE ___________ 19,___ 0 PRINTS RETURNED AFTER LOAN TO US REMARKS 􀁟􀁌􀀮􀁊􀁾􀁾􀀺􀀡􀀮􀀮􀀺􀁾􀀽􀀮􀁊􀀮􀀮􀀮􀁟􀁟􀀧􀁾􀁾􀁾􀀮􀀺􀁉􀀬􀀬􀀻􀁌􀀭􀀧􀁾􀁾􀁾􀀺􀀺􀀺􀀺􀀡􀀺􀀺􀀺􀀺􀀮􀀽� �􀀢􀀧􀀭􀀮􀁟􀀭􀁴􀀮􀁾􀁾􀁾􀁾􀀮􀀮􀀮􀀮􀀺􀀺􀀼􀁚􀀮􀀽􀀮􀀺􀀮􀁤􀀧􀀭􀁡􀀻􀀻􀀮􀀮􀁾􀁾􀁾􀀮__ 􀁾􀀠\I 11 COPY TO ____________________ 􀁓􀁉􀁇􀁎􀁅􀁄􀀺􀁾􀁌􀀭􀁾􀁾􀀭􀁌􀀭􀀭􀀭􀀽􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭If enclosures are not as noted, please notl ----_._----------_. -_.._ ........._.. _--------- -:oMasTec AGREEMENTNlrn[BER: 􀁾􀁃􀁾􀀴􀁾􀀰􀀵􀁾􀀭􀁾􀁏􀁬􀁾􀀭􀁏􀁾􀀱􀁾􀁏___________ Federal Tax 1.0. Number: "'65"'-"'08..2""93"'5117___________ CONSTRUCTION AGREEMENT This CONTRUCTION AGREEMENT (hereinafter, «AGREEMENT"), executed this .,29;<.."'___________,day of_______""N"'o"'ve"'m"'b"'e"-r___􀁾􀀮2001, by and between MasTec North America. Inc., a Florida Coworation 4747 Irving Blvd., Suite 221 Dallas. Texas 75347 Telephone: ___-'(=.2!.:14!.L).,;.57.r...1"'-2""5"'0"'0_______ Fax: _________􀁾􀁑􀁾􀀱􀁾􀁾􀁾􀀵􀁾􀀷􀂣􀀱􀀭􀁾􀀲􀁾􀀵􀀵􀁾􀀵_____________ (hereinafter, "Contractor") and Town ofAddison 16801 Westgrove Driye Addison. Texas 75001-9010 Telephone: ___􀀮􀀮􀁊􀀨􀀮􀁺􀀹􀀷􀀭􀀧􀀭􀀧􀀲􀀧􀀭􀀱􀀮􀀩􀀮􀀺􀀡􀀴􀀢􀁬􀀡􀀵􀀰􀀢􀀧􀀭􀀲􀁾􀀸􀁾􀀷􀀮􀁺􀀹_______ Fax: _________􀁾􀀨􀀹􀁾􀀷􀁾􀀲􀀩􀁾􀀴 􀁾􀀵􀀰􀁾􀀭􀁾􀀲􀀸􀁾􀀳􀁾􀀷_____________ (hereinafter, "Customer") In consideration of the mutual covenants and promises contained in this Agreement, Contractor and Customer agree as fullows: 1. Contractor will perform the scope of Work as Customds contractor as described on the attached Work Order(s) "('Work')". Contractor will perform the Work in accordance with the terms of this Agreement. 2. Customer may direct Contractor, in writing, to make changes to the Work. Adjustments, ifany, in the contract price or the schedule of Work resulting from these changes wi!1 be set forth in a Change Order to the associated Work Order. The Change Order shall be fully executed prior to commencement ofthe changed or additional work. Page I of6 -:.IUIasTec 3. Contractor will remove at its expense any trash, debris and surplus materials left over or resulting from lhe performance oflhe Work. Contractor will restore lhe work site,>,heR seRt by faesimile trarusrRissioR. Notices must be sent to the addresses SF faesimile RtIHlbers set forth on the first page of this Agreement, unless either party notifies the other in writing of an address SF faesimile RtIHlbeF change, which will take effect three (3) business days after receipt (as defined in the preceding sentence) of the change by the receiving party." 9. Paragraph 13: Amend as follows: "Contractor will defend, save and hold harmless Customer, its officialssabsiEliaries, officers, aireetOFs, employees, agents and attorneys (both in their official and private capacities) from and against any and all suits, actions, causes of action, claims, regulatory proceedings, iudgments. a!14-awards, penalties, costs, expenses, and/or fees (including, without limitation, attorneys fees) (together, "Liabilities") for or in connection withfia5e4 00 any injury (including death) to any person. or any damage to or destruction of any property, or any other harm for which recovery of damages is sought, suffered by any person or organization, that may arise out of orresalting from 􀁾acts or omissions of Contractor or its officers, employees, agents, subcontractors or other representatives in connection with this Agreement. Cuswmer will save aHEl helEl harmless Contractor, its subsiEliaries, smeers, airect8fs, emplsyees, agents aHa attorneys from all suits, Mr. Jim Pierce June 5, 2001 Page 4 slaims, j fJ I'M 0 ,nahu JmR.l 0 fI"'UI fIJ (tlqilpo 0 􀀭􀀧􀁾􀁌􀁽􀀢􀁕􀀱􀀠'if'M +CiiiifU9J '>lI OI06-[OOiiL Xl. '0tISJppy ---Y-:(UAcr3 3tlJpnl3UJ) sa3vd 10 # OI061'1110.1 . NOSl 􀁾􀀠􀁾􀀠". C> ..'" !::l 􀁾􀀠 I\) 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠 • • 1;;,'.,. .................. ""1 -----, -;-MasTec 􀀮􀁟􀁾􀁟􀀺􀁾􀂷􀂷􀁾􀀮􀁾􀁾􀀬􀁾􀀻􀁾􀁾􀀷􀁨􀁾􀁑􀁾􀁾􀁾􀁰􀁾􀂷􀁾􀁸􀁷􀁮􀁾_____________􀁆􀁾_Fu__;__􀁱􀁾􀀷􀁵􀀲􀁌􀀭􀁾􀀷􀁣􀁊􀁾􀀴􀁾􀀭􀁾􀁏􀁾􀁪􀁾􀀳􀁾􀀴􀁌􀀭􀁾_____ _____PageM 1 Phonel 'i72.-􀀨􀀮􀀨􀀮􀀱􀀭􀁕􀀮􀀳􀁾􀀠baWl 6/1'1/41 􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭I CCtRr.follsItJ/LtiG4 .Q.t'fM!<:,t J􀁴􀀮􀁊􀀮􀁣􀁾􀀠tJn1( r ..J I 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭D U'llent D For Review 1:1 PI_e Comment D PI_Reply D PI __R.c,cl• • Comments. I L 􀀮􀁾-. 􀀮􀀮􀀮􀀮􀁾􀁾􀀠I 1I)'OIl have lillYqueslions rellaning \his I1ansmlllal pIIIas9 call (liM) 5714500. We3'em Region -Dallas DMsIon 47471nmg Blvd. Suite '221. DiIllas. Texas 75247 (214) 571-2500 TOWN OF ADDIsoN To: JD Ivn 1:±I (/Company: UW/f.j .:fTlk(fI!lps£mFAX #: ILL f-􀁾7;).. -;;z.O;;t..c:) Date: 􀀵􀀢􀁾􀀯􀁢􀀭􀁯􀁬􀀠# ofpages (including cover): g PUBLIC WORKS : From: Jim Pierce, P.E. Asst. Public Wks. Dir. Phone: 972/450-2879 FAX: 972/450-2837 jpierce@ci.addison.tJ..ns 16801 Westgrove P.O.Box 9010 Addison, TX 75001-9010 o Original in mail o Per your request o FYI o Call me , 􀁃􀁯􀁭􀁭􀁥􀁮􀁴􀁳􀀺􀀫􀀭􀁾􀀺􀀦􀀡􀁾􀁬􀀮􀀮􀁜􀁟􀁊􀀨􀀩􀁊􀀮􀁾􀁐􀁾􀁊􀀡􀁲􀁻􀀡􀀯􀁾􀂷􀁲􀁦􀁤􀁴􀀮􀀢􀀢􀀭􀁲􀀺􀀮􀀮􀀭􀁬􀁉􀁲􀀭􀁃􀀽􀀮􀀮􀁦􀁾􀁬􀀲􀀡􀀺􀀮􀁾􀁌􀁾􀁾􀁴􀀺􀀡􀀺􀀺􀀺􀀡􀀮􀁾􀀠 - o:.MasTec May 14. 2001 Keith Thompson City of Addison 16801 Wea1grove Drive Addison. Texas 75001 Dear Mr. Thompson: Attached is one (1) copy of our Constructlon Agreement and one (1) copy of a Work Order to pl'OYide emergency restoration work tor the City of Addison, Texas. To ElXllCUte th_ documents the following is n8C8S8ary: 1. Sign and dale the Coll8trucllon Agreement in the space provided on page 4. 2. Sign and date the Work Order fOrm In the space provided on the bottom of !he lorm. 3. F\etum the Construction Agreement and Work Order. one copy will be returned to you for your I8COI'ds after execution. If you have any questions or comments feel free to give me a call at 214-571-2507. Thank you. 􀁾􀁾􀀠Jo5hThomas Offi(:e Engineer MasT"" North America. Inc. 8700 StemmoM l'1eeway, Sui", 125 Dallll$, T ...... 7S2IIf1 􀁾􀁡􀁳􀁔􀁥􀁣􀀠 AGREEMENTNUMBER' _________________ Pecleral Tax U>, Number; __...;65"""=O"'S"'193"""'57'--___ CONSTRUcnON AGREEMENT This CONTRUCTION AGREEMENT (lIc1allllfler, "AQREEMENT"), execuled this 14" day of M"" by 8Ild between M;IsTr<; Nonb America, Inc, •2001, 4147l!vi!1& Blvd.. Sui'" 221 P,IIM, lew'75247 Telepbone, p"", 21....m-2.jOO 21....􀀵􀀷􀀱􀀭􀀲􀁾􀁾􀀠(bcH:inaftIIr, "ConIr&cror") and City o(Addj§!ll! I6IO! WeS!J!'l!Y!' Drive t..4diBlIl. TII!.IIi 􀀷􀁾􀀱􀀠 Telephone: 972-661-1634 Fa.: 972-71!H!!!M (hereinafter, "CusIomct") In consideration of the mutual covenants and promises contained in thi& Agreement, ContmeIOl' and CU&1ODlI!:r agree I1S follows: 'I. CuJ!lnll.:tor will pedann the "ope of Worl! as Cusl__dOl' III dcse:ribed 011 the attached Work Order(1). Cuntmctor will perfann the Work me.ccordanc!e willi tile tenDS of this Agreemenl Cusromer may direct Contractor. in writing. to make changes to IIIe Wen. Adjustments. if any. mthe conlraCl price 01' the schedule of Work Je!lulting from IIIese changes will be !lei forth in a Cbanlle 0nIer to the QSooiated Work Order. The OIange Order shall be fully execllted prior 10 commencement of the changenl!Old by Contractor and identified in Conb:l:lClm'. invoice, bot will nol constitute acceptance of any defective work or malerials. s. Coouactot guaranlees all wort performed againat dc:fec:ts in work!nan$Jdp for a period of one (\) year after completion of the work by Contractor. Contrac1or eball cmrecl any defects within thirty (30) days ofreedpt of written noli"", at its expense. COIItratlOl'may have &II oppoctunily to review and. dispute the claimed defect. If it ia determined that the claimed defect did eJI.Ist, ContracIOr sball reimburse Customer for its COSt iDcumd enfon:ing this guarantee. 9. Coatractor maIl nOl "be l\IlIpOIl8ible for the II:movai of any hazaniou& materials or IlUbuances disrovcred on the work lite that lie DOt the elirect resull of work perfOlDllCd by the COlitractor. CoaInl£:IQr win ouJy be liable and responsible b the ...mowl of sw:hllllllCtial or .ubs_that aRO a -wtofits work. II Qf .. fIiIl"OlI:;;...... , 44asTec 10. Bither p8l!y will have the right to terminate this Agreement at my time: UpoD giving fourteen (14) days writreJl nOli"" to the od!er pzuty. Upon terminaliOD of tltis Agreement for any reason. Conu.:tor will immedlll1ely cease all work and vacate the job sire, and will rel1ll'll aU tools. equipment, vehicles and material. supplied by Customer or OIher subccnlraclOl'8. ConmIetor will be eompensa!ed for all work completed prioc to termination and demobilization _Ddated wid! said rermiDation. 11. Any notice required by this Agreement will be effective and deemed delivered (a) Ihree (3) businc&s days after posting with the Ullited States Posllll ServIce when mailed by certified mail, retum r«eipt requeated. properly addressed and with the ccnect post..(b) ODe (I) busiDess.y aftet piclaJp by the courier service when sent by O¥IlI1Iisht courier. properly addressed and prepaid or (e) _ (I) busiJlesa day after the dare of the &cDder'uleetrooic confinnatioo of receipt when rent by facllimile transmission. NOIi_ must be _Ito tile addmIses «facsimile nlllllbo:n; set ford! on the first page of thi, A&leeullmt, WIlen euber party nOlifies the oIher ill wriliq ofan IIIkIress or facslmlle'number eIw:Ige, which will taD effect three (3) bu,iness day. after roc:eipt (as defined ill the plecediDg senrence) oftile cbange by the reeeiYing pzuty. 12. This Agreement: (D) inures to the benefit of and is binding nJlOD the patties and their mapecUve rrucceswn and permilll:d _ips; (h) contains the entire IIjp1IIIIIIOOt of the parties and 􀁾scdes any eartier or contempot'lllleOll$lIIICIcntamIing or 􀁄􀁾􀀻(e) 1111), DOt be IIIlIIJIdod 􀁾􀁣􀁰􀁴by a wrillDllligned by each of the parties; (d) may nOl be modified or waived lIDless ill wril:iJll, aad signed by a duly authorized reprerentalive of each party; and (e) is govc:med by the laws of the state whete the Work islwas performed. 13. Contractor will save and hold hannIcss Customer, ita subai.diaric&. officers, direetOQ, employees, agents and anol1le)'S from aU suits, claims, judgmeolS and DWmls ("Liabilities'') billed OIl any injury (including destb) to 1liiY peI&OlI or property resulting Ii'om Ihe aclli or amisaiOll8 of Contractor or Its employees, asenll, subcmmact"" or other repreaenlatives. Customer will Ave and hold IIarmIess ConIraetor, its subsidlariell, 􀁯􀁦􀁴􀁾􀀮dln!eton. employees, ageDIS and 8ItOmeys from allsuils,.,IaiJm,judpnts and awank (''Liabilities'') bMed on any injury (including deaIb) to 1liiY pers loft the MuTcc yard and end wbea the crews relDmed to the yard. Overtime rab wonld be utilized on my won: OUISide of _Iwork hours, which are Monday Ihru Friday between the boura of 7 AM and 5 PM. Any material. and or subconll'llCtar& utilized, ifany. wooId be billed at cost plus 15%. B1: __________________By: ___________________ Title: _________________ 􀁔􀁾􀀺􀀠_________________________ Da(e: ___________________ Da(e, ________________________ -:-M asTee LABOR AN.D EQUIPMENT HOURLY RATES LABOR RATES Superintendent . Working foremllil Skilled Laborer Truck Driver Opel1llor Muhi£1lier rOT OVCJ1imc $ 40.00 !hour S 3·5.00 Ibour S 24.00 /hour S 26.00 Ibour S 29.00 Ibour 1.5 !hou.r Noto: L.b.... rates are based on eight hours per day and fony hours per week. Any work perfonned in excess of the.e hours will be charges at the regular time unit rate tim.. the mulliplier for ovtrtime shown above. EQUIPMENT RATES 112 10 I Ton T"",k Dump Truck (5 Cuoic Yard) Dump Truck (IS Cubic Yard) ]00 amp Welder Cuttin, Torch w/out GILt;; 175 efin Air Compressor wn-ools ]" Water Pump 3000 Wan GeneralOr 580 C""" Backhoe TrenehBox S\J"eet PIAl.. Till Trailer Electric Grinder 􀁅􀁨􀁴􀁣􀀺􀁵􀁩􀁾􀀠Drill Ditch Witch Hoi. Hog Haul Truck &: Lowboy Rammex Tramper Compactor Rubber Tin: Loader T....k Backhoe (65,000 Ib•.o. smaller) 0-4 Dozer AirBlvwer Hydra Hammer Chain Saw Gill Quickie Saw Compaetion Wheel for Botkhoe Boom Truck Large Track B..kboc (over 6S,ooo lb.) Us/ltTower IIrrow Boan! DI_tonal Bon! Rig Vacuum Trailer 􀁾MasToc Norrh America, Inc. 4747 hvlng Blvd. Suite 221 Dallas Texas 75247 ·214.571.2500 'IIX 214.571.2555 WINW.mS9tec.com $ 15.00lbour S 25.00 /hour S 45.00 Ibour $ 12.00 /hour $ .5.00 Ibour $ 20.00 Ibour $ 5.00 Ibour S 5.00/hour $ 30.00 Ibour $300.00 lday S 30.001day $ 15.00 /hou r S 5_00/hour $ S.OOlbou. $ 15.OD/hOur S 2&.00 Ibou. $ SO.OO /hour $ 16.00 Ibolll $ 45.00 1Il0...S 65.00 iIIo.... S 50.00illour $ 5.00illo... 5 46.00/hour S S.OO iIIour $ 5.00lbour $ IO:OOlhour S 4S.00IbDUr S 9S.00/hour 5 IS.OOlhour S 15.00 Ibour 5200.00 /hour 5125.00 lItour o:-MasTec 􀁁􀁇􀁒􀁅􀁅􀁍􀁅􀁎􀁔􀁎􀁕􀁍􀁂􀁅􀁒􀀬􀁾􀁃􀁾􀀴􀁾􀀰􀀵􀁾􀀭􀁾􀀰􀀱􀁾􀀭􀁾􀀰􀀱􀁾􀀰􀁾_________ Federal Tax 1.0. Number: "'65"'-"'0"'82"'9"'3-".57"-_______ CONSTRUCTION AGREEMENT This CONTRUCTION AGREEMENT (hereinafter, "AGREEMENT"), executed this "'26"-th___________.day of_______..!.F-"eb"'ru-"ary!i!!..I.____􀁾􀀬􀀠2001, by and between MasTec North America. Inc .. a Florida Corooration 4747 Irving Blvd .. Suite 221 Dallas. Texas 75347 Telephone: ___--"C2"'1"'4.L)"-57'-'1"'-2"'5"'0"'0_______ Fax: _____􀁾􀁃􀁾􀀲􀁾􀀱􀀴􀁾􀀩􀁾􀀵􀁾􀀷􀁾􀀱􀀭􀀽􀀲􀀵􀁾􀀵􀁾􀀵_____________ (hereinafter, "Contractor") and Town ofAddison 16801 Westgrove Drive Addison, Texas 75001-9010 Telephone: ___􀀭􀀭􀀧􀀭􀀧􀁃􀀹􀀧􀀢􀀷􀀭􀀢􀀮􀀲􀀩􀁊􀀮􀀮􀀺􀀴􀁾􀀵􀀢􀀧􀀰􀁣􀀬􀀬􀀭􀀲􀀢􀀢􀀸􀁃􀀡􀀮􀀷􀁺􀀮􀀮􀀹_______ Fax: __________􀁾􀁃􀁺􀀮􀀮􀀹􀀷􀁾􀀲􀁾􀀩􀁾􀀴􀁾􀀵􀀰􀁾􀀭􀀲􀁾􀀸􀁾􀀳􀁾􀀷_____________ (hereinafter, "Customer") In consideration of the mutual covenants and promises. contained in this Agreement, Contractor and Customer agree as follows: 1. Contractor will perform the the scope of Work as Customer's contractor as described on the attached Work Order(s) "('Work')". Contractor will perform the Work in accordance with the terms of this Agreement. 2. Customer may direct Contractor, in writing, to make changes to the Work. Adjustments, if any, in the contract price or the schedule of Work resulting from these changes will be set forth in a Change Order to the associated Work Order. The Change Order shall be fully executed prior to commencement of the changed or additional work. Page lof6 o:-MasTec 3. Contractor will remove at its expense any trash, debris and surplus materials left over or resulting from the performance of the Work. Contractor will restore the work site(s) to original or better condition upon completion ofthe Work. 4. Contractor and its employees and agents will observe all safety, nondiscrimination, equal . employment, drug and alcohol, business ethics and other rules and policies of Customer and all applicable laws, rules and regulations of any governmental authority in performing the Work, including without limitation those relating to safety and health, the environment; and labor and employment. . 5. Contractor is engaged as an independent contractor and is not an agent or employee of Customer. Contractor acknowledges that this Construction Agreement is not exclusive and that Customer may, in its sole discretion, engage persons or entities other than the Contractor to carry out all or a portion of the Work or other work related thereto. Contractor will supply all labor, labor, tools, equipment, vehicles, fuel and other materials necessary to properly perform the Work, other than those supplied by Customer. Contractor has full control and supervision of the performance of the Work. Contractor is responsible for scheduling Contractor's personnel, subject to the . Customer's schedule of completion and other requirements. Contractor is solely responsible for payment of all compensation and benefits to its employees and others engaged by it to perform the Work and for all workers' compensation, unemployment compensation, health, life and disability insurance, social security and income tax withholding, and all other federal, state and local withholding taxes or other taxes, withholdings and payments due on account of such compensation. 6. Customer will pay Contractor for the Work properly performed and accepted by Customer at the prices described on the Work Order(s). Payment will be made by Customer to Contractor within thirty (30) days ofreceipt by Customer of Contractor's invoice and any documentation or data in support of such invoice as Customer may require. Any payment will constitute full and complete payment for all work performed by Contractor and identified in Contracfor's invoice, but will not constitute acceptance of any defective work or materials. 7. Contractor guarantees all Work perfurmed against defects in workmansbip or materials for a period of one (I) year after final acceptance of the Work by Customer. Contractor shall correct any such defects within thirty (30) days of receipt of written notice, at its expense. Unless otherwise specified or directed by Customer, all materials used by Contractor shall be new and both workmanship and materials shall be of first rate quality. Contractor shall, if required by Customer, furnish satisfilctory evidence as to the kind and quality of materials. No failure or omission of Customer to discover, object to or condemn any defective work or material shall release Contractor from its obligation to fully and properly perform the Work or any portion thereof. If the Work or any portion thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by Customer as unsuitable or as not in conformity with the specification, Contractor shall, after receipt of written notice thereof from Customer, promptly remove such material and rebuild or otherwise remedy such Work or portion thereof so that such Work or portion thereof shall be properly performed. 8. Contractor shall not be responsible for the removal of any hazardous materials or substances discovered on the Work site that are not the direct result of work performed by the Contractor; provided, however, that in the event Contractor discovers any hazardous materials or substances Page2of6 o:-MasTec at any Work site, Contractor shall immediately notify (by both oral and written means) Customer of the same. 'Hazardous materials or substances' means any chemical, material, air pollutant, toxic pollutant, waste, or substance which is (i) regulated as toxic or hazardous or exposure to which is prohibited, limited or regulated by any law or regulation, or (ii) which could pose a hazard to .the health and safety of any person. Contractor shall not install, store, use, treat, transport, discharge or dispose (or permit or acquiesce in the installation, storage, use, treatment, transportation, discharge or disposal by its officers, employees, agents, contractors, or any other person of) any hazardous material or substance in connection with the Work or any part thereof. Contractor is and shall be liable and responsible for the removal of any such hazardous material or substances in connection with its work. 9. Either party will have the right to terminate this Agreement at any time upon giving fourteen (14) days written notice to the other party. Upon termination of this Agreement for any reason, Contractor will immediately cease all work and vacate the job site, and will return all tools, equipment, vehicles and materials supplied by Customer. Contractor will be compensated for all work properly completed prior to termination and accepted by Customer. 10. Any notice required by this Agreement will be effective and deemed delivered (a) three (3) business days after posting with the United States Postal Service when mailed by certified mail, return receipt requested, properly addressed and with the correct postage, or (b) one (I) business day after pickup by the courier service when sent by overnight courier, properly addressed and prepaid. Notices must be sent to the addresses set forth on the first page of this Agreement, unless either party notifies the other in writing of an address change, which will take effect three (3) business days after receipt (as defined in the preceding sentence) of the change by the receiving party. II. This Agreement: (a) inures to the benefit of and is binding upon the parties and their respective successors and permitted assigns; (b) contains the entire agreement of the parties and supersedes any earlier or contemporaneous understanding or agreement; ( c) may not be amended except by a writing signed by each of the parties; (d) may not be modified or waived unless in writing, and signed by a duly authorized representative of each party; and ( e) is governed by the laws of the state where the Work is/was performed. 12. Contractor will defend, save and hold harmless Customer, its officials, officers, employees, agents and attorneys (both in their official and private capacities) from and against any and all suits, actions, causes of action, claims, regulatory proceedings, judgments, awards, penalties, costs, expenses, and/or fees (including, without limitation, attorneys fees) (together "Liabilities") for or in connection with any injury (including death) to any person, or any any damage to or destruction of any property, or any other harm for which recovery of damages is sought, suffered by any person or organization, that may arise out of or from any acts or omissions of Contractor or its officers, employees, agents, subcontractors or other representatives in connection with this Agreement. The obligations of Contractor to Customer with respect to Liabilities asserted by third parties ("Third Party Claim") will be subject to the following terms and conditions: Customer will give Contractor prompt notice of any Third Party Claim, and Contractor will assume the defense, compromise or settlement thereof promptly by representatives of its own choosing, at its own cost and expense. No settlement will be agreed to without Customer's prior written consent, which consent will not be withheld unreasonably. Customer will cooperate with Contractor in the defense of any Third Party Claim. If Contractor does not promptly assume the Page 3 of6 -:oMasTec defense, Customer will (upon notice to the Indemnitor) have the right (but not the obligation) to defend, compromise or settle the Third Party Claim on behalf of and for the account and risk of Contractor, but this shall not relieve Contractor of its own obligations. Contractor's indemnification hereunder shall apply without regard to whether acts, errors, omissions or neglect of Customer would otherwise have made them jointly negligent or liable for such damage or injury, excepting only that Contractor shall not be obligated to so protect, defend, indemnify and hold harmless Customer if such damage or injury is due to the sole negligence of Customer. The provisions of this Paragraph 12 shall survive the termination or expiration of this Agreement. 13. Contractor at its own expense shall purchase, maintain and keep in force such insurance as ' described and in the minimum amounts set forth below: (a) Commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each occurrence, which shall include coverage's for bodily injury (including, without limitation, death) and property damage, and particularly for liability arising from premises, operations independent contractors, products/completed operations, personal injury, advertising injury, and contractual liability (including, without limitation, the liability assumed imder the indemnity provisions ofthis Agreement). Ifsuch CGL insurance contains a general aggregate limit, it shall apply separately to' the Work under this Agreement. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage. (b) Commercial Automobile Liability insurance at minimum combined single limits of $1,000,000 per-occurrence for bodily injury and property damage, including owned, non-owned and hired car coverage. (c) Workers Compensation insurance at statutory limits, including Employers' Liability Liability coverage at minimum limits of $1,000,000 each-occurrence each-accidentl$l,OOO,OOO by disease each-occurrence/$I,OOO,OOO by disease aggregate. The above policies shall be endorsed to provide the following, as applicable: (i) in all liability policies, name the Town of Addisun, Texas, its officials, officers, agents, and employees as additional insureds; (ii) in all liability policies, provide that such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of activities conducted hereunder, and that insurance applies separately to each insured against whom claim is made or suit is brought; and (iii) a waiver of subrogation in favor ofthe Town of Addison, its officials, officers, agents, and employees must be included in all such policies. Contractor shall maintain all liability policies required hereunder for at least 2 years following the termination or expiration ofthis Agreement. All insurance policies shall be issued by by an insurance company with an A.M. Best's rating of not less than A-and authorized to do business in Texas and in the standard form approved by the Texas Department of Insurance, and shall be endorsed to provide for at least 30 days advance written notice to Customer of a material change in or cancellation of a policy. Certificates of insurance, satisfactory to Customer, evidencing all coverage above, shall be furnished to Customer prior to the Commencement Date, with complete copies of policies furnished to Page 4 of6 o:-MasTec Customer upon request. Customer reserves the right to review and revise from time to time the types of insurance and limits of liability required herein. 15. Contractor shall give adequate attention to the faithful prosecution and completion of this Agreement and shall keep at the site of any Work hereunder, during any portion of the Work, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall be solely responsible for the safety of its officers, employees, agents and other persons, as well as for the protection of the safety of tlie improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Contractor shall be fully and completely liable, at its own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of this Agreement, and for all loss, damage or injury· incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by Contractor during construction. 16. Contractor shall at all times exercise reasonable and prudent precautions for the safety of its employees, agents, and others (including, without limitation, members of the public) in, on or near the Work or any portion thereof and shall comply with all applicable provisions of federal, state, and local safety laws, building and construction codes, traffic safety laws, and all other applicable laws or regulations. Contractor shall provide guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at its discretion as an. independent contractor. Contractor shall take proper means to protect property or properties adjacent or adjoining property the site of the Work or any portion thereof which might be damaged or injured or seriously affected by any process of construction or repair to be undertaken by Contractor under this Agreement, from any damage or injury by reason of said process of construction or repair; and Contractor shall be liable for any and all claims for such damage on account of Contractor's failure to fully protect all adjoining property. 17. (a) The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending suchauthority have been duly passed and are now in full force and effect. (b) This Agreement shall be performable and all compensation payable in Dallas County, Texas. Venue under this Agreement lies in Dallas County, Texas. Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect this Agreement or the Work or any portion thereof. (c) Contractor shall not assign, convey, or otherwise transfer, nor has the authority or power to assign, convey, or otherwise transfer, any of its rights, duties or obligations under this Agreement. Page 5 of6 " o:MasTec (d) Ifany clause, paragraph, section or portion ofthis Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. (e) The rights and remedies provided by this Contract are cumulative and the use ofanyone right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law statute, ordinance, or otherwise. (f) Time is ofthis essence ofthis Agreement. 18. Contractor shall comply with the minimum wage scale (general prevailing wage rales) and equipment hourly rates as set forth in Exhibit A attached hereto and incorporated herein. 19. Customer shall have the right to require the Contractor to furnish, and Contractor shall promptly furnish, a surety bond or bonds as security for and covering (i) the faithful performance by Contractor ofthis Construction Agreement (including, without limitation, any Work Order) (such bond(s) being generally referred to as a "perfurmance bond"), and (ii) the payment of obligations and all persons performing labor under this Construction Agreement (including, without limitation, any Work Order) (such bond(s) being generally referred to as a "payment bond"), and (iii) the maintenance of Contractors Work or any portion thereof for a period ofone (I) year(s) following the fInal completion and acceptance of any such Work (such bond{s) being generally referred to as a "maintenance bond"). Such bond or bonds shall be in form and content (including, without limitation, the amount of the bond(s» acceptable to Customer and issued and executed by a surety company satisfactory to Customer. Additional terms and conditions applicable to this Agreement, if any, are set forth on the Work Order(s). ::ffi:q Robbie Dupree (printed Name) Title: Operations Manager fAdj-'=.-{-=---rTitle: --"C",-,,-,tl'-+-'t1-LYYl-'-=-.:ll-'-Cl'l-=-__ Date: 2/26102 Date: __D_3f...!.-I'i...J.'_O--'.L-__'__ (Printed Name) Page 6 of6 '.' -:-MasTec AGREEMENTNUMBER: __􀁾􀁃􀁾􀀴􀁾􀁾􀁾􀁏􀁬􀁾􀂷􀁏􀁾􀀱􀁾􀁏________ WORKORDERNUMBER: ______􀁾􀁏􀁾􀁏􀁾􀁬________ WORK ORDER This WORK ORDER, executed this 26"' _____ day of February •200 I, by and between Contractor Customer MasTec NQrth Am!IDca, Inc., a Florida Corporation, Town ofAddison 4747 Irving Blvd., Suite"'2""2"'1'--_______ 16801 Westgrove 􀁑􀁲􀂣􀁩􀁶􀀢􀀧􀁥􀁾____________ Dallas, Texas 75247 Addison. Texas 75001·9010 Contractor acknowledges that it has visited the site(s), has visually inspected it and is familiar with the general and local conditions ofthe Scope of Work listed below, SCOPE OF WORK At the request ofthe Director of Public Works of the Town of Addison or the Director's designee, Customer shall provide manpower, equipment, and materials required for emergency restoration work (related to streets, public water lines, sanitary sewer lines, storm sewer lines, and street lights) for the Town ofAddison. PRICING Compensation for the hourly work completed will be per the attached hourly pricing sheet located in Exhibit A, CUSTOMER:CONTRAm a By: _____By: Id VI Robbie Dupree (Printcd Name) (printed Name) Title: ____________________________Title: __--'O"'oe"""ra"'t"'io"'n"s"'M"'ana""'g"'e"'r____________ Date: ______________________________Date: ______-"212"""'6"'/0""2 a:-MasTec Construction C405-01-010 Exhibit A -Labor and Equipment Hourly Rates LABOR RATES Superintendent $ 40.00 !hour Working Foreman $ 35.00 !hour Skilled Laborer $ 24.00 /hour Truck Driver $ 26.00/hour Operator $ 29.00/hour Multiplier for Overtime 1.5 /hour Note: Due to the nature of maintenance and emergency restoration work, MasTec proposes completing the work on a time and materials basis with a four (4) hour minimum and a $250.00 trip charge per call out. Time and material charges would begin when the crews left the MasTec yard and end when the crews retwned to the yard. Overtime rates would be utilized on any work outside ofnonnal work hours which are Monday Ibm Friday between the hours of7 AM and 5 PM. Any materials and or subcontractors utilized, ifany, would be billed at cost plus 15%. Attached is an hourly rate sheet, any items not on this sheet can be negotiated as needed. Locates ofexisting utilities will have to be performed and the City ofAddison will need to help expedite getting locates on an emergency basis. Labor rates are based on eight hours per day and forty bours per week. Any work performed in excess of these hours will be charges at the regular time unit rate times the multiplier for overtime shown above. EQUIPMENT RATES 112 to I Ton Truck Dump Truck (5 Cubic Yard) Dump Truck (15 Cubic Yard) 300 amp Welder Cutting Torch w/oul Gas 175 ofin Air Compressor wlTools 3" Water Pump 3000 Watt Generator 580 Case Backhoe TrcnchBox Street Plates Tilt Trailer Electric Grinder Electric Drill Ditch Witch HolcHog Haul Truck & Lowboy Rammex Tramper Compactor Rubber Tire Loader Track Backhoe (65,000 Ibs.or smaller) D-4Dozer Air Blower Hydra Hammer Chain Saw Gas QuiCkie Saw Compaction Wheel for Backhoe Boom Truck Large Track Backhoe (ovcr 65,000 Ibs) Light Tower Arrow Board Directional Bore Rig Vacuum Trailer $ 15.00 /hour $ 25.00/hour $ 45.00/hour $ 12.00/hour $ 5.00/hour $ 20.00/hour $ 5.00/hour $ 5.00/hour $ 30.00/hour $300.00/day $ 30.00/day $ 15.00/hour $ 5.00/hoor $ 5.00/hour $ 35.00/hour $ 28.00 /hour $ 50.00 /hour $ 16.00/hour $ 45.00 !hour $ 65.00 /hour $ 50.00 /hour $ 5.00/hour $ 46.00 /hour $ 5.00 !hour '$ 5.00 !hour $ 1O.00/hour $ 45.00/hour $ 95.00/hour $ 15.00/hour $ 15.00 /hour $200.00 /hour $125.00/hour .:.MasTec 􀁁􀁇􀁒􀁅􀁅􀁍􀁅􀁎􀁔􀁎􀁕􀁍􀁂􀁅􀁒􀀺􀁾􀁃􀁾􀀴􀁾􀀰􀀵􀁾􀀭􀁾􀁏􀁬􀁾􀀭􀁏􀁾􀀱􀁾􀁏__________ Federal Tax LD, Number: 6"'5"'-"'08"'2"'9"'35"'7'-________ CONSTRUCTION AGREEMENT This CONTRUCTION AGREEMENT (hereinafter, "AGREEMENT"), executed this "'26!L1h__________,day of_______LFe"'b"'ru"'ary!!.l-___􀁾􀀬2001, by and between MasTec North America, inc" a Florida Corporation 4747 Irving Blvd., Suite 22.,,1....;:;-____ Dallas, Texas 75347 Telephone: ___-'(2"'1"'4"-)L57ul""-2",5,,,00,,-___________ Fax: ______􀀨􀁾􀀲􀁾􀀱􀀴􀁵􀀩􀁾􀀵􀁌􀀷􀀱􀁾􀁾􀁾􀀵􀁾􀀵􀀵􀁾________ (hereinafter, "Contractor") and _________ 􀀮􀁟􀁔􀀢􀀢􀁯􀁾􀁷􀁮􀁗􀁁􀀬􀀻􀁯􀀢􀀧􀁦􀀧􀀢􀀧􀁁􀀢􀁤􀀢􀀧􀁤􀀢􀀧􀁩􀀮􀁳􀁯􀀢􀀢􀁮􀀢􀀧􀁟______ 16801 Westgrove Drive _____"'A""d""dison, Texas 75001-9010 Telephone: ___(",972) 450-2879'--______ Fax: _____􀀭􀀧􀀨􀁾􀁮􀁵􀀲􀁾􀀩􀁾􀀴􀀵􀀸􀀰􀁾􀀭􀀲􀁾􀀸􀁾􀀳􀀷􀁌􀁟___􀁾􀁾􀁟􀀠(hereinafter, "Customer") In consideration of the mutual covenants and promises contained in this Agreement, Contractor and Customer agree as follows: I. Contractor will perform the scope of Work as Customer's contractor as described on the attached Work Order(s) "('Work')". Contractor will perform the Work in accordance with the terms of this Agreement, 2, Customer may direct Contractor, in writing, to make changes to the Work. Adjustments, if any, in the contract price or the schedule of Work resulting from these changes will be set forth in a Change Order to the associated Work Order. The Change Order shall be fully executed prior to commencement ofthe changed or additional work. Page I of6 , . , -:-!VIasTec 3. Contractor will remove at its expense any trash, debris and surplus materials left over or resulting from the performance of Ihe Work. Contractor will restore the work sile(s) 10 original or better condition upon completion of the Work. 4. Contractor and its employees and agents will observe all safety, nondiscrimination, equal employment, drug and alcohol, business ethics and other rules and Policies of Customer and all applicable laws, rules and regulations of any governmental authority in performing the Work, including without limitation those relating to safety and health, the environment, and .labor and employment. 5. Contractor is engaged as an independent contractor and is not an agent or employee of Customer. Contractor acknowledges that this Construction Agreement is not exclusive and that Customer may, in its sole discretion, engage persons or entities other than the Contractor to cany out all or a portion of the Work or other work related thereto. Contractor will supply all labor, tools, equipment, vehicles, fuel and other materials necessary to properly perform the Work, other than those supplied by Customer. Contractor has full control and supervision of the performance of the Work. Contractor is responsible for scheduling (;ontractor's personnel, subject to the Customer's schedule of completion and other requirements. Contractor is solely responsible for payment of all compensation and benefits to its employees and others engaged by it to perform the Work and for all workers' compensation, unemployment compensation, health, life and disability insurance, social security and income tax withholding, and all other federal, state and local withholding taxes or other taxes, withholdings and payments due on account of such compensation. 6. Customer will pay Contractor for the Work properly performed and accepted by Customer at the prices described on the Work Order(s). Payment will be made by Customer to Contractor within thirty (30) days of receipt by Customer of Contractor's invoice and any documentation or data in support of such invoice as Customer may require. Any payment will constitute full and complete payment for all work performed by Contractor and identified in Contractor's invoice, but will not constitute acceptance ofany defective work or materials. 7. Contractor guarantees all Work performed against defects in workmanship or materials for a period of one (\) year after final acceptance of the Work by Cust,!)mer. Contractor shall correct any such defects within thirty (30) days of receipt of written notice, at its expense. Unless otherwise specified or directed by Customer, all materials used by Contractor shall be new and both workmanship and materials shall be of first rate quality. Contractor shall, if required by Customer, furnish satisfactory evidence as to the kind and quality of materials. No failure or omission of Customer to discover, object to or condemn any defective work or material shall release Contractor from its obligation to fully and properly perform the Work or any portion thereof. If the Work or any portion thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by Customer as unsuitable or as not in conformity with the specification, Contractor shall, after receipt of written notice thereof from Customer, promptly remove such material and rebuild or otherwise remedy such Work or portion thereof so that such Work or portion thereof shall be properly performed. 8. Contractor shall not be responsible for the removal of any hazardous materials or substances discovered on the Work site that are not the direct result of work performed by the Contractor; provided, however, that in the event Contractor discovers any hazardous materials or substances Page 2 of6 " " o:ft1asTec at any Work site, Contractor shall immediately notifY (by both oral and written means) Customer' of the same. 'Hazardous materials or substances' means any chemical, material, air pollutant; toxic pollutant, waste, or substance whicb is (i) regulated as toxic or hazardous or exposure to which is prohibited, limited or regulated by any law or regulation, or (ii) which could pose a hazard to the health and safety of any person. Contractor shall not install, store, use, treat; transport, discharge or dispose (or permit or acquiesce in the installation, storage, use, treatment, transportation, discharge or disposal by its officers, employees, agents, contractors, or any other person of) any hazardous material or substance in connection with the Work or any part thereof. Contractor is and shall be liable and responsible for the removal of any such hazardous material or substances in connection with its work. 9. Either partywiJI have the right to terminate this Agreement at any time upon giving fourteen (14) days written notice to the other party. Upon termination of this Agreement for any reasOn, Contractor will immediately cease all work and vacate the job site, and will return all tools, equipment; vehicles and materials supplied by Customer. Contractor will be compensated for all work properly completed prior to termination and 􀁡􀁣􀁣􀁥􀁰􀁴􀁾by Customer. 10. Any notice required by this Agreement will be effective and deemed delivered (a) three (3) business days after posting with the United States Postal Service when mailed by certified mail, return receipt requested, properly addressed and with the correct postage, or (b) one (I) business day after pickup by the courier service when sent by overnight courier, properly addressed and prepaid. Notices must be sent to the addresses set forth on the fIrSt page of this Agreement, unless either party notifies the other in writing of an address change, which will take effect three (3) business days after receipt (as defined in the preceding sentence) of the change by the receiving party. II. This Agreement: (a) inures to the benefit of and is binding upon the parties and their respective successors and permitted assigus; (b) contains the entire agreement ofthe parties and supersedes any earlier or contemporaneous understanding or agreement; (c) may not be amended except by a writing sigued by each of the parties; (d) may not be modified or waived unless in writing. and sigued by a duly authorized representative of each party; and (e) is governed by the laws of the state where the Work is/was performed. 12. Contractor will defend, save and hold harmless Customer, its officials, officers, employees, agents and attorneys (both in their official and private capacities) from and against any and all suits, actions, causes of action, claims, regulatory proceedings, judgments, awards, penalties, costs, expenses, andlor fees (including, without limitation, attorneys fees) (together "Liabilities") for or in connection with any injury (including death) to any person, or any damage to or destruction of any property, or any other harm for which recovery of damages is sought, suffered by any person or organization, that may arise out of or from any acts or omissions of Contractor or its officers, employees, agents, subcontractors or other representatives in connection with this Agreement. The obligations of Contractor to Customer with respect to Liabilities asserted by third parties ("Third Party Claim") will be subject to the following terms and conditions: Customer will give Contractor prompt notice of any Third Party Claim, and Contractor will assume the defense, compromise or settlement thereof promptly by representatives of its own choosing, at its own cost and expense. No settlement will be agreed to without Customer's prior written consent, which consent will not be withheld unreasonably. Customer will cooperate with Contractor in the defense of any Third Party Claim. IfContractor does not promptly assume the Page 3 of6 4JlasTec defense, Customer will (upon notice to the Indemnitor) have the right (but not the obligation) to defend, compromise or settle the Third PartY Claim on behalf of and for the account and risk of Contractor, but this shall not relieve Contractor of its own obligations. Contractor's indemnification hereunder 􀁳􀁾􀁨􀁡􀁬􀁬􀀠ai>ply without regard to whether acts, errors, omissions or neglect of Customer would othetwise have made them jointly negligent or liable for such damage or injury, excepting only that Contractor shaH not be obligated to so protect, defend, indemnitY and hold harmless Customer ifsuch damage or injury is due to the sole negligence ofCustomer. The provisions ofthis Paragraph 12 shall survive the termination or expiration ofthis Agreement. 13. Contractor at its own expense shall purchase, maintain and keep in force such insurance as described and in the minimum amounts set forth below: . (a) Commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each occurrence, which shall include coverage's for bodily injury (including, without limitation, death) and property damage, and particularly for liability arising from premises, operations 􀁩􀁮􀁤􀁥􀁰􀁥􀁾􀁮􀁴􀀠contractors, products/completed operations, personal injury, advertising injury, and contractual liability (including, withont limitation, the liability assumed under the indemnity provisions ofthis Agreement). If such CGL insurance contains a general aggregate limit, it shall apply separately to the Work under this Agreement. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage. (b) Commercial Automobile Liability insurance at minimum combined single limits of $1,000,000 per-occurrence for bodily injury and property damage, including owned, non-owned and hired car coverage. (c) Workers Compensation insurance at statutory limits, including Employers' Liability coverage at minimum limits of $1,000,000 each-occurrence each-accidenti$ I,000,000 by disease each-occurrence/$I,OOO,OOO by disease aggregate. The above policies shaH be endorsed to provide the following, as applicable: (i) in all liability policies, name the Town of Addison, Texas, its officials, 􀁯􀁦􀁦􀁩􀁣􀁾􀁲􀁳􀀬􀀠agents, and employees as additional insureds; (ii) in all liability policies, provide that such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of activities conducted hereunder, and that insurance applies separately to each insured against whom claim is made or suit is brought; and (iii) a waiver of subrogation in favor ofthe Town of Addison, its officials, officers, agents, and employees must be included in all such policies. Contractor shall maintain all liability policies required hereunder for at least 2 years following the termination or expiration ofthis Agreement. All insurance policies shall be issued by an insurance company with an A.M. Best's rating ofnot less than A-and authorized to do business in Texas and in the standard form approved by the Texas Department of Insurance, and shall be endorsed to provide for at least 30 days advance written notice to Customer of a material change in or cancellation of a policy. Certificates of insurance, satisfactory to Customer, evidencing all coverage above, shall be furnished to Customer prior to the Commencement Date, with complete copies of policies furnished to Page 4 of6 o:-MasTec 15. 16. 17. Customer upon request. Customer reserves the right to review and revise from time to time the types ofinsurance and limits ofliability required herein. Contractor shall give adequate attention to the filithful prosecution and completion of this Agreement and shall keep at the site of any Work hereunder, during any portion of the Work, a competent superintendent and any necessary assistents. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall be solely responsible for the safety of its officers, employees, agents and other persons, as well as for the protection of the safety of the improvements being ereeted and the property of himself or any other person, as a result of his operations hereunder. Contractor shall be fully and completely liable, at its own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of this Agreement, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporsry supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by Contractor during construction. Contractor shall at all times exercise reasonable and prudent precautions for the safety of its employees, agents, and others (including, without limitation, members of the public) in, on or near the Work or any portion thereof and shall comply with all applicable provisions of federal, state, and local safety laws, building and construction codes, traffic safety laws, and all other applicable laws or regulations. Contractor shall provide gnards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at its discretion as an independent contractor. Contractor shall take proper means to protect property or properties adjacent or adjoining property the site of the Work or any portion thereof which might be damaged or injured or seriously affected by any process ofconstruction or repair to be undertaken by Contractor under this Agreement, from any damage or injury by reason of said process of construction or repair; and Contractor shaH be liable for any and all claims for such damage on account of Contractor's failure to fully protect aH adjoining property. (a) The undersigned officers and/or agents of the parties herem are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) This Agreement shaH be performable and all compensation payable in Dallas County, Texas. Venue under this Agreement lies in Dallas County, Texas. Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect this Agreement or the Work or any portion thereof. .:-. (c) Contractor shall not assign, convey, or otherwise transfer, nor has the authority or power to assign, convey, or otherwise transrer, any of its rights, duties or obligations under this Agreement. Page 5 of6 ., '. o:-MasTec (d) Ifany clause, paragraph, section or portion ofthis Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. (e) The rights and remedies provided by this Contract are cumulative and the use of anyone right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law statute, ordinance, or otherwise. (t) Time is ofthis essence ofthis Agreement, 18. Contractor shall comply with the minimum wage scale (general prevailing wage rates) and equipment hourly rates as set forth in Exhibit A attached hereto and incorporated herein. 19. Customer shall have the right to require the Contractor to furnish, and Contractor shall promptly furnish, a surety bond or bonds as security for and 􀁣􀁯􀁾􀁥􀁲􀁩􀁮􀁧􀀠(i) the faithful performance by Contractor ofthis Construction Agreement (including, without limitation, any Work Order) (such bond(s) being generally referred to as a "performance bond"), and (ii) the payment of obligations and all persons performing labor under this Construction Agreement (including, without limitation, any Work Order) (such bond(s) being generally referred to as a "payment bond"), and (iii) the maintenance of Contractor's Work or any portion thereof for a period of one (I) year(s) following the final completion and acceptance of any such Work (such bond(s) being generally referred to as a "maintenance bond"). 'Such bond or bonds shall be in form and content (including, without limitation, the amount of the bond(s» acceptable to Customer and issued and executed by a surety company satisfactory to Customer. Additional terms and conditions applicable to this Agreement, if any, are set forth on the Work Order(s). NTRA CUSTOMER: : By: __________________________2lli{ Robbie Dupree (printed Name) (Printed Name) Title: _________________________Title: _-"O",p",e",ra",t",io",n",,"s􀀮􀀮􀀬􀁍􀀢􀀬􀁡􀁮􀀢􀀢􀀬􀁡􀀢􀀬􀁧􀁥􀀢􀀬􀁲􀁾_____ Date: 􀁾_.....,2!,..,2"'61c.!02"'--_____________ Date: Page 6 of6 ....MasTec AGREEMENTNUMBER: __􀁾􀁃􀁾􀀴􀁾􀁏􀁾􀁾􀁏􀁬􀁾􀂷􀁏􀁾􀀱􀁾􀁏________ WORKORDERNUMBER: ______􀁾􀁏􀁏􀁾􀁉􀁾_______ WORK ORDER This WORK ORDER, executed this 2"'6"-th____day of February , 200 I, by and between Contractor Customer MasTec North America, Inc" a Florida Corporation, Town ofAddison 4747 fnling Blvd" Suite 221 1680I Westgrove Drive Dallas, Texas 75247 Addison, Texas 75001·9010 Contractor acknowledges that it has visited the sire(s), has visually inspected it and is familiar with the general and local conditions ofthe Scope ofWork listed below, '"" SCOPE OF WORK At the request ofthe Director ofPublic Works ofthe Town ofAddison or the Director's designee, Customer shall provide manpower, equipment, and materials required for emergency restoration work (related to streets, public water lines, sanitary sewer lines, storm sewer lines, and street lights) for the Town ofAddison, PRICING Compensation for the hourly work completed will be per the attached hourly pricing sheet located in Exhibit A, a CUSTOMER: CONTRAUt By: 􀁾􀀠By: ___________________________I j t7 Robbie Dupree (printed Name) (printed Name) Title: __􀁾􀁏􀁾􀁰􀁥􀁾􀁲􀁡􀁾􀁴􀁾􀁾􀁾􀁮􀁾􀁳􀁾􀁍􀁾􀁡􀁮􀁾􀁡􀁾􀁧􀁥􀀳􀁲______________ Title: ______________ Date: ______________Date: ___􀁾􀁾􀁬􀁌________ -:oMasTec Construction C40S-01-010 Exhibit A -Labor and Equipment Hourly Rates LABOR RATES Superintendent Working Foreman Skilled Laborer Truck Driver Operator Multiplier for Overtime $ 40.00 !hour $ 35.00 !hour $ 24.00 !hour $ 26.00 !hour $ 29.00 !hour 1.5 !hour Note: Due to the nature of maintenance and emergency restoration work, MasTec proposes completing the work on a time and materials basis with a four (4) hour minimum and a $250.00 trip.charge per call out. Time and material charges would begin when the crews left the MasTec yard and end when the crews returned to the yard. Overtime rates would be utilized on any work outside of normal work ho..urs which are Monday tbm Friday between the hours of7 AM and 5 PM. Any materials and or subcontractors utilized, if any, would be billed at cost plus 15%. Attached is an hourly rate sheet, any items not on this sheet can be negotiated as needed. Locates of existing utilities will have to be performed and the City of Addison will need to help expedite getting locates on an emergency basis. Labor rates are based on eight hours per day and forty hours per week. Any work performed in excess of these hours will be charges at the regular time unit rate times the multiplier for overtime shown above. EQUIPMENT RATES 112 to I Ton Truck Dump Truck (5 Cubic Yard) Dump Truck (IS Cubic Yard) 300 amp Welder Cutting Torch w/out Gas 175 cfm Air Compressor wffooIs 3" Water Pump 3000 Watt Generator 580 Case Backboe Trench Box Street Plates Tilt Trailer Electric Grinder Electric Drill Ditch Witch Hole Hog Haul Truck & Lowboy Rammex Tramper Compactor Rubber Tire Loader Track Backboe (65,000 Ibs.or smaller) 0-4 Dozer Air Blower Hydra Hammer Chain Saw Gas Quickie Saw Compaction Wheel for Backhoe Boom Truek Large Traek Backboe (over 65,000 Ibs) Light Tower Arrow Board Direetional Bore Rig Vacuum Trailer $ 15.00 !hour $ 25.00 !hour $ 45.00 !hour $ 12.00 !hour $ 5.00 !hour $ 20.00 !hour $ 5.00 !hour $ 5.00 !hour $ 30.00 !hour $300.00/day $ 30.00/day $ 15.00 !hour $ 5.00 !hour $ 5.00 !hour $ 35.00 !hour $ 28.00 !hour $ 50.00 !hour $ 16.00 !hour $ 45.00 !hour $ 65.00 !hour $ 50.00 !hour $ 5.00 !hour $ 46.00 !hour $ 5.00 !hour $ 5.00 !hour $ 10.00 !hour $ 45.00 !hour $ 95.00 !hour $ 15.00 !hour $ 15.00 !hour $200.00 !hour $125.00 !hour