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Res 14-09 Authorizing an Agreement with Synetra Inc.l rATJ► K-1 10 n, 0 9' ,- 1,41.10013 t t' 0 \ '!' 1`'' WHEREAS, the Town of Westlake is working to become a leader in premier educational facilities and programs; and, WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, the option to select one contractor based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing; and, WHEREAS, the Town Council finds that the contract from Synetra Inc. to provide and install the communication equipment for the Westlake Academy Phase I Expansion benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and their parents; and, WHEREAS, the Town Council fords that the passage of this Resolution is in the best interests of the citizens of Westlake. NOW, tRE, BE IT RESOLVED BY THE TOWNCOUNCIL TOWN OF WESTLAKE, TEXAS: SECTI®hl l: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the agreement with Synetra Inc. and authorizes Town staff to purchase communication equipment, as it relates to the Westlake Academy Phase I Expansion construction project at the Westlake Academy Campus, attached as Exhibit "A". SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager to approve change orders to this agreement up to $25,000.00 in the aggregate, on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 14-09 Page 1 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. ATTEST: f Era L Wheat, Mayor 411�,W-t��111-1) Kell yiEdwarW,—Town Secretary APPROVED AS TO FORM: Thomas E. Brymer ,�T , 'own Manager Resolution 14-09 Page 2 of 2 AGREEMENT MAUr THIS AGREEMENT is dated as of the 3d day of March in the year 2014, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Synetra, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, shipping, materials, equipment, and incidentals for the Westlake Academy Expansion Phase I which include installing of all communication equipment listed in the scope. All manufacture and warranty information must be provided in three ring notebook and CD. Article 2. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (80) working days as provided in the General Conditions. Article 3. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be Resolution 14-09 Page 1 of 3 deemed necessary. 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 7. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: 7.1 Notice to Bidders consisting. 7.2 Instructions to Bidders. 7.3 Proposal. 7.4 This Agreement. 7.5 Pre-bid Bond, Performance Bond, Payment and Maintenance Bonds 7.6 General Conditions. 7.7 General Requirements. 7.8 Set of Plans. There are no Contract Documents other than those listed above in this Article 7. Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 9. MISCELLANEOUS. Resolution 14-09 Page 2 of 3 10. 1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the f/"" day of Z!h , 2014. Town of Westlake, Texas By:i Laura Wheat, Mayor ATTEST: t (—c ( f ` i, Kelly E,6war Town Secretary Address for giving notices: ATTEST: 3 Village Circle, Suite 202 Westlake, Texas 76262 (If OWNER is a public body, attach resolution authorizing execution of Agreement. ) (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) Resolution 14-09 Page 3 of 3 Statement of Work Town • Westlake — UC Deployment Project Prepared for: Town of Westlake Date: February 21, 2014 Quantities Description of Items $ Extended Location & Item # 971.25 Unit Price Price MH -1 6 Station Drops $ 185.80 $ 1,114.80 $ 3,660.23 $ 21,961.38 6 1 Ceiling Drop $ 190.00 $ 190.00 $ - 1 Wall mount rack $ 27994 $ 279.94 $ 21,270.00 1 48 Port Patch Panel $ 124.90 $ 124.90 $ 190.00 $ 760.00 2 Horizontal Wire Managers $ 62.93 $ 125.86 1 Wall mount rack $ 279.94 $ 1 Fiber $ 3,090.00 $ 3,090.00 1 48 Port Patch Panel $ 5 Cisco 7945 Phones 271.95 $ 1,359.75 5 CUCME Phone License- Enhanced 38.85 $ 194.25 Horizontal Wire Managers $ 62.93 $ 125.86 2 Cisco 24 Port PoE Switch 1773.23 $ 3,546.46 2 Cisco Smartnet 167.04 $ 334.08 10 Station Drops 2 AP390 1418 $ 2,836.00 1 AP 370 1418 $ 11418.00 SS -1 161 Station Drops $ 185.80 $ 2,972.80 760.00 1 251 Cisco 7945 Phones 15 2/1.95 &,/925./5 1 25 CUCME Phone Licenses - Enhanced $ 38.85 $ 971.25 6 48 Port Cisco PoE Switches $ 3,660.23 $ 21,961.38 6 Cisco SmartNet 344.52 $ 2,067.12 15 Aerohive AP 370 1418 $ 21,270.00 4 Ceiling Drops $ 190.00 $ 760.00 1 Wall mount rack $ 279.94 $ 279.94 1 48 Port Patch Panel $ 124.90 $ 124.90 2 Horizontal Wire Managers $ 62.93 $ 125.86 1 Fiber $ 463.50 $ 463.50 10 Station Drops $ 185.80 $ 1,858.00 SS -2 4 Ceiling Drop $ 190.00 $ 760.00 1 48 Port Patch Panel $ 124.90 $ 124.90 1 Horizontal Wire Manager $ 62.93 $ 6293 4 Station Drops $ 185.80 $ 743.20 SS -3 1 Ceiling Drop $ 190.00 $ 190.00 1 Floor Mount Rack $ 270.12 $ 270.12 1 48 Port Patch Panel $ 124.90 $ 124.90 2 Horizontal Wire Managers $ 62.93 $ 125.86 2 Vertical Wire Managers $ 369.53 $ 739.06 8 Station Drops $ 185.80 $ 1,486.40 FH -1 1 Ceiling Drop $ 190.00 $ 190.00 1 Wall Mount Rack $ 279.94 $ 279.94 1 48 Port Patch Panel $ 124.90 $ 124.90 1 Fiber $ 1,853.40 $ 1,853.40 2 Horizontal Wire Managers $ 62.93 $ 125,86 8 8 1 1 3 1 Cisco 7945 Phones CUCME Phone Licenses - Enhanced 48 port Cisco PoE gigabit switch Cisco Smartnet Aerohive AP390 with support and power Aerohive AP170 w/ supoort and power $ 271.95 $ 38.85 $ $ 2,175.60 310.80 3660.22 $ 344.52 $ 1418 $ 1718 $ 3,660.22 344.52 4,254.00 1,718.00 Additonal Phone Licenses PA System 8 2 1 57 57 1 Unity Express License - 5 Mailbox - CUCM and CUCME Communication Manager Express or SRST- 25 seat license Enhanced ntwk station port one-way IP gin Ceiling Spkr metal brge bb fr v1420 1 way Ip glexhorn vandal res (white) $ 55.50 $ 360.75 $ 398.96 $ 330.00 $ 43.15 $ 425.37 $ $ $ $ $ $ 444.04 721.50 398.96 18,810.00 2,459.55 425.37 Network Gear 221 Wireless Access Point $ 215.45 $ 4,739.90 9 Switch Installation $ 185.80 $ 1,672.20 Patch Cables 1 31 $ 7.37 $ $ 7.37 1 5' $ 8.57 $ 8.57 1 7' $ 9.77 $ 9.77 1 9' $ 10.98 $ 10.98 1 15' $ 14.56 $ 14.56 1 20' $ 17.60 $ 17.60 1 4 25' Equipment shelf $ 20.56 $ 72.46 $ $ 20.56 289.84 4 CPU Shelf $ 98.46 $ 393.84 4 Keyboard and Monitor Shelf $ 214.80 $ 859.20 4 Vented Equipment Shelf $ 72.46 $ 289.84 Grounding Project Mgmt 1 1 $ 400.00 $ 1,800.00 $ $ 400.00 1,800.00 Consumables 1 $ 2,000.00 $ 2,000.00 Documentation/CADD Subtotal 1 $ 345.00 $ 345.00 $ 130,070.76 Installation cost $ 46,23000 Total Cost $ 176,300.76 Town of Westlake OsYNE=--rRA UC Deployment Project Security - Comm_,nications , Networking All services asked of or required of Synetra that are out of this scope of work will be agreed upon and billed at the standard rate. k • Softphone Function with Jabber • Presence and IM ffiWebex Toll -Bypass or Tail -End Hop Off Mobility Intercom Custom Music on Hold Custornization of Key mapping of Menu Setting in Unity Connection Voicemall Distribution Lists • Voicemail to Email • Single Number Reach • Removal of old phone system • Discarding of old phones .'7 I 77777TV07ri and their commitment to this ffort. Any delays caused by client or other party, may result in a change in project scheduling, staffing andlor pricing. *Forpurposes of this SOW, holidays shall be defined as those observed by Synetra. *Travel Costs: Customer will be charged for reasonable out-of-pocket travel and living expenses. Upon request, Synetra will provide receipts for individual fine item expenses valued at $25.00 or greater. The project cost provided represents Synetra's best pricing, given the information that has been provided, Synetra's interpretation of this information, and Synetra's experience with similar projects. Synetra reserves the tight to adjust the project cost based on unforeseen issues or client requested functional changes via a change order. Changes to project deliverables will be communicated, discussed, and agreed upon prior to being implemented. Corffid,--m't�a! a'ir�-d orc-'Pi �e"rarv. lrmo"Ma":ot� - sy%ne"i—, L "U" inc. 2 /-Z,4120 14 Page 4 of 7 LOW VOLTAGE WIRING, SECURTIY SYSTEMS, DATA SERVER EQUIPMENT AND AUDIOVISUAL EQUIPMENT • " PHASETOWN OF WESTLAKE CIVIC CAMPUS EXPANSION i0 February0 MAYORTOWN OF WESTLAKE Laura Wheat Town Council CLIFTONCAROL LANGDON — MAYOR PRO TEM •RENNHACK • l j Tom Brymer Town of Westlake 3 Village Circle Suite 202 Westlake, TX. 76262 Phone 817-430-0941 Fax 817-430-1812 Low Voltage 2014 Page 2 INDEMNIFICATION Town shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of Town, without; however, waiving any governmental immunity available to the Town under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of Town is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the Town for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. Name (Please Print) Title Low Voltage 2014 Page 9 THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN FIVE (5) DAYS AFTER THE DATE OF WRITTEN NOTICE TO COMMENCE WORK, AND TO SUBSTANTIALLY COMPLETE THE WORK ON WHICH HE HAS BID WITHIN EIGHTY (80) CALENDAR DAYS AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK FOR 4% Greatest Amount Bits ($ 5% GAB) DOLLARS, ORA PROPOSAL BOND IN THE SUM OF (_) DOLLARS, WHICH IT IS AGREED SHALL BE COLLECTED AND RETAINED BY THE OWNER AS LIQUIDATED DAMAGES IN THE EVENT THIS PROPOSAL IS ACCEPTED BY THE OWNER WITHIN SIXTY (60) DAYS AFTER THE DATE ADVERTISED FOR THE RECEPTION OF BIDS AND THE UNDERSIGNED FAILS TO EXECUTE THE CONTRACT AND THE REQUIRED BOND WITH THE OWNER, UNDER THE CONDITIONS HEREOF, WITHIN FIVE (5) DAYS AFTER THE SAID PROPOSAL IS ACCEPTED BY THE OWNER AND RECEIVED BY THE UNDERSIGNED; OTHERWISE, SAID CHECK OR BOND SHALL BE RETURNED TO THE UNDERSIGNED UPON DEMAND. THE UNDERSIGNED HEREBY DECLARES THAT HE HAS VISITED THE SITE AND HAS CAREFULLY EXAMINED THE CONTRACT DOCUMENTS RELATIVE TO THE WORK COVERED BY THE ABOVE BID. Low Voltage 2014 Page 10 The undersigned bidder agrees to commence work within five (5) days after the date of written notice to commence work, and to substantially complete the work on which he has bid within 60 working days as provided in the general conditions of the agreement. Enclosed with this proposal is a bid bond, performance bond in the amount of the project, two year maintenance bond and a payment bond, which it is agreed shall be collected and retained by the owner as liquidated damages in the event this proposal is accepted by the owner with five (5) days after the date advertised for the receipt of bids and the undersigned fails to execute the contract and the required bonds with the owner, under the conditions hereof, within five (5) days after the said proposal is accepted by the owner and received by the undersigned; Otherwise, said check or bond shall be returned to the undersigned upon demand. The undersigned hereby declares that he visited the site and has carefully examined the contract documents relative to the work covered by the above bid. Respectfully Submitted Contractor:��Td�} Print Name: tY59"/� F Address: 1/lf? S -hone Number:i Low Voltage 2014 Page 29 A I W-101 M11 KNOW ALL MEN BY THESE PRESENTS, that we as principal, hereinafter called the "Principal.^and SURETECINSURANCE COMPANY, A737Great Hills Trail, Suite 320. Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Westlake, TX as obligee, hereinafter called the Obligee, in the sum of , Five Percent (5%) of the Amount Bid byPrincipal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted abid for Town of Westlake Civic Campus Expansion Phase 1. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall bebound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 24thday ofFebruaa,2O14. Synetra, Inc ' / TITLE: ` SureTec Insurance Company Mireya Mayorgs. ` Bid Bond uncapped -text Rev 1.1.06 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at P© Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental [hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 9737 great Hills Trail, Suite 320 Austin, Tx 78759 512-732-0099 (Public Works) KNOW ALL MEN BY THESE PRESENTS: THAT, Synetra Inc PO Box 96017, Southlake, TX 76092 (hereinafter called the Principal), as principal, and SureTec Insurance Company, a corporation organized and existing under the laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto Town of Westlake, 3 Village Circle Suite 202, Westlake, TX 76262 (hereinafter called the Obligee), in the amount of One Hundred and Seventy -Six Thousand Three Hundred Dollars and 76 cents Dollars ( $176,300.76 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 3rd day of March , 2014 for Town of Westlake Civic Campus Expansion Phase f, which contract is hereinafter referred to as the "Contract." NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 13th day of March, 2014. Princip: ynetra, Inc By: Surety: SureTec I By: Mireya Mayorga rney-in-Fact The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information Rev. 1-1-06 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 512-732-0099 Bond No.:4395203 KNOW ALL MEN BY THESE PRESENTS: THAT, Synetra, Inc, PO Box 96017, Southlake, TX 76092 (hereinafter called the Principal, and SureTec Insurance Company, a corporation organized and existing under the laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto Town of Westlake, 3 Village Circle Suite 202, Westlake, TX 76262 (hereinafter called the Obligee), in the amount of One Hundred and Seventy -Six Thousand, Three Hundred Dollars and 76 cents Dollars ( $176,300.76 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 3rd day of March , 2014 for Town of Westlake Civic Campus Expansion Phase I, which contract is hereinafter referred to as the "Contract." NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work required by the Contract then this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 131h day of March, 2014. Principal: etra Inc By: Surety: SreTlec By: Mireya Mayorga' in -Fact The Rider Attached Hereto Is Incorporated in this Bond and Contains Impo Coverage Information Rev. 1-1-06 SureTec Insurance Company 1330 Post Oak Boulevard, Suite 1100 Houston, Tx 77056 713-812-0800 KNOW ALL MEN BY THESE PRESENTS, that we Synetra Inc PO Box 96017, Southlake, TX 76092 as Principal, and SureTec Insurance Company, a corporation organized under the laws of the State of Texas, and duly authorized to do business in the State of Texas, as Surety, are held and firmly bound unto Town of Westlake 3 Village Circle Suite 202, Westlake, TX 76262 as Obligee, in the penal sum of One Hundred and Seventy -Six Thousand Three Hundred Dollars and 76 cents ($176,300.76) to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a contract with Town of Westlake dated March 3, 2014 for Town of Westlake Civic Campus Expansion Phase I, which contract is hereinafter referred to as the "Contract." WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of 1 year (s) after substantial completion of the work performed under the Contract against defects in workmanship and materials in the Work which would have been the responsibility under the Contract for which written notice is made to Surety during said period. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the Work which may become apparent and with respect to which notice is delivered to Surety in writing during the period of 1 year (s) from and after date of substantial completion of the work, then this obligation shall be void, otherwise to remain in full force and effect. No right of action shall accrue hereunder to or for the benefit of any person or entity other the Obligee named herein, nor shall any suit be filed or action maintained on this bond more than twenty five (25) months after the date of the earliest timely notice of defect by Obligee to Surety. Synetra, Inc Principal By: SureTec Insurance Company By: Mireya Ma or, Rev. 1-1-06 PIease see the attached Rider for important notices and coverage , Attorney -in -Fact SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev. 1-1-06 GnvPranF 1c Prnvidpd In 1 t-ulluv Nurnuer. I ne unio uasuaity Insurance, (,ompany 1 (►S0 (1-5) qui -AR RR in .__......__ P°rerttreanvecinl tl•wh■.�tl„ i v v■■a■■■w■v®ca■ vu■Ne v®eca Policy Declarations Basis: Occurrence (ITEM 1) NAMED INSURED & MAILING ADDRESS AGENT MAILING ADDRESS & PHONE NO. SYNETRA INC (432) 332-0711 PO BOX 12956 MILAM-FELKER INSURANCE SERVICE ODESSA, TX 79768 401 E 7TH ST ODESSA, TX 79761-4562 Named Insured Is: CORPORATION Named Insured Business Is: COMPUTER NETWORK AND TECH SUPPORT From 01/01/2014 TO 01/01/2015 12:01 AM Standard Time at Insured Mailing Location (ITEM 3) PREMIUM CHARGES Explanation of DESCRIPTION PREMIUM Charges Commercial Umbrella _ Certified Acts of Terrorism Coverage (TnnI ticlPri) Total Advaraee Chat-ges f Note: Tlris is not a bill BASIS OF PREMIUM: NON -AUDITABLE( X) AUDITABLE( ) IN THE EVENT OF CANCELLATION BY THE NAMED INSURED, THE COMPANY WILL RECEIVE AND RETAIN NO LESS THAN (10% ) OF THE POLICY PREMIUM AS THE MINIMUM RETAINED PREMIUM PLUS CERTIFIED ACTS OF TERRORISM COVERAGE AND ANY APPLICABLE TAXES AND SURCHARGES. (ITEM 4) LIMITS OF INSURANCE was= EACH OCCURRENCE AGGREGATE (WHERE APPLICABLE) PRODUCTS -COMPLETED OPERATIONS AGGREGATE SELF-INSURED RETENTION $1,000,000 $1,000,000 $1,000,000 $10,000 Servicing Office Northern Texas Regional Office c5- and Issue Date 12/16/13 Aut1drized Representative NEEMENUM To report a claire, call your Agent or 1-800-362-0000 - .. Coverage IS Provided Ire_ 1 Yw a l Deni i nI Policy Numher. - p i inIo i asua!ty Insuranyo (`.mm�arnr I tiC(1 (1ti1 R� `tR RR 9(1 INSURANCEV I i (ITEM 5) SCHEDULE OF UNDERLYING INSURANCE: CARRIER, POLICY NUMBER AND PERIOD TYPE OF COVERAGE LIMITS OF INSURANCE WEST AMERICAN INSURANCE GENERAL $1,0001000 EACH OCCURRENCE COMPANY LIABILITY LIMIT $1,000,000 PERSONAL AND BKW(I5)55388810 ADVERTISING INJURYLIMIT 01/01!2014 - 01/01/2015 $2,000,000 GENERAL AGGREGATE LIMIT $2,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT THE OHIO CASUALTY INSURANCE HIRED AND/OR $1,000,000 COMBINED SINGLE COMPANY NONOWNED AUTO LIMIT LIABILITY BAO(15)55388810 01/0112014 - 01/01/2015 To report a claim, call your Agent or 1-800-362-0000 DS 70 21 01 MR Named Insured Agent 3NETRA INC (432) 332-0711 MILAM-FELKER INSURANCE SERVICE Commercial DESCRIPTION General Each Occurrence Limit LIMIT Liability 11000,000 Limits of Damage To Premises Rented To You Limit (Any One Premises) 1,000,000 Insurance illedicaI Expense Limit (Any One Person) 15_t1M L-3-1- altu Auverusing Injury Limit 1,000,000 General Aggregate Limit (Other than Products - Completed Operations) 2; 000,000 Products - Completed Operations Aggregate Limit 2,000,000 Explanation of DESCRIPTION Charges General Liability Schedule Totals Certified Acts of Terrorism Covc Total Advance C'hafges: To report a claim, call your Agent or 1-8011-362g70L70 DS 70 22 01 08 PREMIUM Note: TTlr.is is not a bill Coverage Is Provided in: Lihtpr t U/ne+ A,— -;Ca __. t Pnlinv �I mt, n i,cn�ait niau�ailce t,Om[lahv _.Illy vulilucl. 1PYi.5 L[A C[5c ®nor t�{ �� 3tf tfti lU � � I ... "" Pr limi porinri- (t9ttvr,rara+[-st la.........m>, .`_[..[=a__ �.......V•w4"# %AL, 1101a: L.taut,cty i From U1lU1/ZU14T®G1/ni12(11 Declarations 12:01 am Standard Time at Insured Mailing Location Basis: Occurrence Named Insured Agent 3NETRA INC (432) 332-0711 MILAM-FELKER INSURANCE SERVICE Commercial DESCRIPTION General Each Occurrence Limit LIMIT Liability 11000,000 Limits of Damage To Premises Rented To You Limit (Any One Premises) 1,000,000 Insurance illedicaI Expense Limit (Any One Person) 15_t1M L-3-1- altu Auverusing Injury Limit 1,000,000 General Aggregate Limit (Other than Products - Completed Operations) 2; 000,000 Products - Completed Operations Aggregate Limit 2,000,000 Explanation of DESCRIPTION Charges General Liability Schedule Totals Certified Acts of Terrorism Covc Total Advance C'hafges: To report a claim, call your Agent or 1-8011-362g70L70 DS 70 22 01 08 PREMIUM Note: TTlr.is is not a bill