HomeMy WebLinkAboutRes 15-03 Amending the Fiscal Year 2014-2015 Budget and Authorizing a Contract With Roadway Solutions for Illuminated Street SignsTOWN OF WESTLAKE
RESOLUTION NO. 15-03
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AMENDING THE FISCAL YEAR 14/15 ADOPTED BUDGET AND FURTHER
AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH
ROADWAY SOLUTIONS, INC. FOR $71,795.00 TO INCLUDE THE INSTALLATION
OF INTERNALLY ILLUMINATED STREET NAME SIGNS AT THREE LOCATIONS.
WHEREAS, Westlake desires to enhance the Town's image and create a sense of place;
and
WHEREAS, the internally illuminated signs will include the standardized Westlake
street sign format that integrates the Town's "W" insignia; and
WHEREAS, the Town Council finds that the proposed contract with Roadway solutions,
Inc. for the installation of the internally illuminated street name signs contributes to establishing
Westlake's sense of place and is in accordance with the adopted strategic plan; and
WHEREAS, the Town Council finds that the funding for the Internally Illuminated
Street Name Sign project is necessary; and
WHEREAS, the Town Council authorizes a budget amendment of $38,000 to be
allocated from the General Fund Reserves to the Internally Illuminated Street Name Sign Capital
Project; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: 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 Council of the Town of Westlake, Texas, hereby approves
a budget amendment allocating an additional $38,000 from the General Fund Reserves to the
Internally Illuminated Street Name Sign Capital Project.
SECTION 3: That, the Town Council of the Town of Westlake, Texas, hereby approves
the contract with Roadway Solutions, Inc. attached here to as Exhibit "A", and further authorizes
the Town Manager to execute said contract on behalf of the Town of Westlake, Texas.
Resolution 15-03
Pagel of 2
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.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 26 T" DAY OF JANUARY 2015
Kell Edwa s, Town Secretary
APPROVED AS -TO FO
L. Stanton LowrvI To
' &ee��
Laura Wheat, Mayor
Resolution 15-03
Page 2 of 2
TOWN OF WESTLAKE, TEXAS
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
ILLUMINATED STREET NAME SIGN INSTALLATION
AT
HIGHWAYSTATE HIGHWAY 114 AT DAVIS BLVD
STATE HIGHWAY 114 AT WESTLAKE PKWY
US AT
WESTPORT PKWY
LAURA WHEAT
MAYOR
TOWN COUNCIL
ALESA BELVEDERE
WAYNE STOLTENBERG
RICK RENNHACK
THOMAS E. BREYMER
TOWN MANAGER
JARROD GREENWOOD
DIRECTOR OF PUBLIC WORKS
LEE ENGINEERING, L.L.C.
3030 LBJ FREEWAY, SUITE 1660
DALLAS, TEXAS 75234
PHONE: (972) 248-3006
MICHAEL BARRETT
CAROL LANGDON
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TBPE FIRM NO. F-450 }
ADDENDUM NO. I
TO THE
CONSTRUCTION PLANS AND CONTRACT DOCUMENTS
FOR
ILLUMINATED STREET NAME SIGN INSTALLATION
AT
STATE HIGHWAY 114 AT DAVIS BLVD
STATE HIGHWAY 114 AT WESTLAKE PKWY
US HIGHWAY 377 AT WESTPORT PKWY
TOWN OF WESTLAKE, TEXAS
Date: December 2, 2014
Bid Opening: Monday, December 8, 2014 at 2:00 p.m.
Receipt of this addendum shall be acknowledged in the appropriate space
in the Proposal.
The following modifications, clarifications, additions, or deletions shall be made to the
appropriate sheets and sections of the Construction Plans and Contract Documents:
PLAN SHEETS
1. Sheet 4 — A note has been added that the ILSNs will be mounted on cantilever arms
located above the mast arms.
CLARIFICATIONS
1. The Town will issue the Notice to Proceed once the proofs of the ILSNs have been
completed and approved by the Town.
2. If alternate conduits are installed, any ground wire installed with said conduits shall
be considered subsidiary to the conduits.
3. Preparing conduits and ground boxes for installation of new cable shall be
considered subsidiary to the Tray Cable bid item.
END OF ADDENDUM NO. 1
Page 1 of 1
TABLE OF CONTENTS
PART A: NOTICE TO BIDDERS
1-1 -1-3 INSTRUCTIONS
PART P: PROPOSAL
P-1 - P-3 PROPOSAL
PART C: CONTRACTS AND BONDS
A-1 -A-4 AGREEMENT BETWEEN TOWN AND CONTRACTOR
PB -1 PERFORMANCE BOND
PB -2 PAYMENT BOND
MB -1 - MB -2 MAINTENANCE BOND
CI -1 CERTIFICATE OF INSURANCE
IC -1 INDEMNIFICATION BY CONTRACTOR
PART G: GENERAL CONDITIONS
G-1 - G-4
DEFINITIONS OF TERMS AND ABBREVIATIONS
G-4 - G-6
PROPOSAL REQUIREMENTS AND CONDITIONS
G-6 - G-8
AWARD AND EXECUTION OF CONTRACT
G -8-G-10
SCOPE OF WORK
G -10-G-14
CONTROL OF THE WORK AND MATERIALS
G-14 - G-21
LEGAL RELATION AND PUBLIC RESPONSIBILITY
G-21 - G-24
PROSECUTION AND PROGRESS
G-24 - G-26
MEASUREMENT AND PAYMENT
PART CS: CONSTRUCTION SPECIFICATIONS
DIVISION 01 - GENERAL REQUIREMENTS
SECTION 01000
SECTION 01010
SECTION 01320
SECTION 01516
SECTION 01562
SECTION 01572
SECTION 01710
GENERAL NOTES
SUMMARY OF WORK
PROGRESS REPORT
SOLID WASTE DISPOSAL
DUST CONTROL
FLAGMEN
CLEAN UP
• •:rr
Sealed proposals addressed to the Town of Westlake for the construction of:
ILLUMINATED STREET NAME SIGNS AT THE INTERSECTIONS OF SH 114 AND
DAVIS BLVD, SH 114 AND WESTLAKE PKWY, AND
US 377 AND WESTPORT PKWY
will be received until 2:00 p.m., Monday, December 8, 2014 at the Town of Westlake
Council Chambers/Municipal Court located at 3 Village Circle, Suite 207, Westlake,
Texas 76262. At that time and place all bids will be publicly opened and read aloud.
Each bidder shall identify his sealed Proposal by typing on the outside of the envelope:
TOWN OF WESTLAKE
ATTN: JARROD GREENWOOD
PUBLIC WORKS DIRECTOR
3 VILLAGE CIRCLE, SUITE 202
WESTLAKE, TEXAS 76262
All responses and requests for clarification/information shall be addressed in writing to
the Town Engineer at the above address.
Or email:
cpierce@lee-eng.com
Respondents may also fax questions/comments to:
Lee Engineering, L.L.C.
(972) 248-3855
Attention: Christopher Pierce, P.E., PTOE
The scope of work for the project consists of the installation of illuminated street name
signs at the intersections of SH 114 and Davis Blvd, SH 114 and Westlake Pkwy, and
US 377 at Westport Pkwy.
Plans and Specifications may be examined without charge at the Municipal Complex
from 8 a.m. to 5 p.m., Monday through Friday. Construction plans and Contract
Documents may be procured for a non-refundable fee of $50.00 at the office of Lee
Engineering, 303 LBJ Freeway, Suite 1660, Dallas, Texas 75234.
All bids must be accompanied by a cashier's or certified check, or a Bid Bond in the
amount of 5% of the greatest amount bid. The successful bidder must also provide
Performance, Payment and Maintenance Bonds, and proof of insurance upon execution
of the Agreement in accordance with the Contract Documents.
The Town of Westlake reserves the right to reject any or all bids, and to waive any
formalities.
The Town of Westlake is committed to the ideals of equal opportunity, and strongly
encourages participation by HUB/MBENVBE business enterprises.
INSTRUCTIONS TO BIDDERS
The work to be done as covered by these contract documents and specifications
consists of the furnishing of all labor, materials, equipment, and incidentals for the
installation of Illuminated Street Name Signs at the intersections of SH 114 and Davis
Blvd, SH 114 at Westlake Pkwy, and US 377 at Westport Pkwy in the Town of
Westlake.
In the bid proposal, the bidder shall fill in the blanks for the "Unit Price" in words and
numerals and the "Total Amount."
See Section G2 - Proposal requirements and conditions.
3. INTERPRETATION OF QUOTED PRICES
In case of difference between the written words and any figure in a proposal, the amount
stated in writing will be considered as the bid. The contract method will be unit pricing
based on actual quantities of work installed.
4. DISCREPANCIES IN BIDS
In case of lack of clearness of a proposal, the owner will adopt the most advantageous
construction thereof or reject the bid.
Unreasonable or unbalanced unit prices will be cause for rejection of any bids.
6. INTERPRETATION OF SPECIFICATIONS
Any questions as to the meaning of any specifications will be answered by addendum
which will be sent to all who have been furnished with contract documents and plans.
7. LOCAL LABOR
The Contractor, in so far as is practicable, will be expected to give preference to
employment of local citizens.
8. MATERIALS FURNISHED BY CONTRACTOR
The Contractor shall furnish all materials, regardless of their nature except as noted in
the special provisions and/or plans.
9. MANUFACTURER'S CERTIFICATE
The Contractor shall furnish, if the owner so requests, a certificate from each of the
manufacturers whose materials are used on this project stating that the materials and
supplies fulfill or exceed the requirements set out in these specifications.
1-1
fife?
12.
13
14.
15
AFFIDAVIT OF BILLS PAID
Prior to final acceptance of this project by the owner, the contractor shall execute an
affidavit that all bills for labor, material, rental, subcontractor's work and any other
incidentals have been paid in full and there are no claims pending of which he has been
notified.
PLANS TO CONTRACTOR
The contractor will be furnished with three (3) sets of plans for construction. Should he
desire more than three (3) sets, he may buy them for $20.00 per complete set.
LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
Attention is called to the fact that a minimum scale of wages to be paid to employees
engaged in the work under this contract does not release the contractor from
compliance with any state wage law that may be applicable. The contractor shall abide
by the wage and hour laws of the state and must not pay less than the rates prescribed.
TIME ALLOWED FOR CONSTRUCTION
The contractor shall commence work in not more than 10 working days after the work
order has been issued and shall be complete within 75 working days of issuance of the
work order. Liquidated damages shall be charged in the amount of $100.00 per day for
not completing the work within the alloted time. The days charged shall begin at the
earlier of the date the contractor proceeds with construction or 10 working days after the
work order has been issued by the Town of Westlake. The Contractor may bid a shorter
time of completion, which will be considered by the Town in evaluation of the bids. The
bid proposal has a place for the bidder to reflect the construction time.
SPECIAL INFORMATION - SALES TAX
The Owner qualifies as an tax-exempt agency as defined by the statutes of the State of
Texas. The Contractor shall comply with all statutes and rulings of the State
Comptroller. The Contractor may purchase materials for incorporation into this project
by issuing his supplier a tax exemption certificate. However, materials purchased, but
not incorpoarated into the project, such as form materials, equipment rental, etc., are
not exempt from sales taxes.
111,01 -•01
The Contractor shall furnish and maintain during the life of the contract adequate
Worker's Compensation and Commercial General Liability (Public) Insurance in such
amounts as follows:
Type of Insurance
Worker's Compensation
2. Commercial General
Liability (Public)
N
Amount
As set forth in the Worker's
Compensation Act.
Each Occurrence $500,000
General Aggregate $1,000,000
Products Comp/Ops Agg. $1,000,000
The Town of Westlake shall be named as an additional insured on the Commercial
General Liability (Public) Insurance Policy furnished by the Contractor.
Each insurance policy shall contain a provision requiring that thirty (30) days prior to
expiration, cancellation, non -renewal or any material change in coverage, a notice
thereof shall be given by certified mail to the Town of Westlake, 3 Village Circle, Suite
202, Westlake, Texas 76262.
Companies issuing the insurance policies shall have no recourse against the Town for
payment of any premiums or assessments for any deductibles which are at the sole
responsibility and risk of the Contractor.
Proof that the insurance is in force shall be furnished to the Town.
The coverages provided herein shall be primary and noncontributory with any other
insurance maintained by the Town of Westlake, Texas, for its benefit, including self
insurance.
In the event any insurance policy shown on the Certificate of Insurance has an
expiration date that is prior to the completion and final acceptance of the project by the
Town of Westlake, the Contractor shall furnish the Town proof of identical continued
coverage no later than thirty (30) days prior to the expiration date shown on the
Certificate of Insurance.
The Contractor shall not commence work on any Contract in the Town of Westlake until
the Contractor has obtained all the insurance required under this paragraph and such
insurance has been approved by the Town.
1-3
PROPOSAL.
Date:
To: The Honorable Mayor Laura Wheat and Town Council
Town of Westlake
3 Village Circle, Suite 202
Westlake, Texas 76262
Ladies and Gentlemen:
The pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do
all the work and furnish all necessary superintendence, labor, materials, and equipment to
complete all the work upon which he bids, as provided by the attached specifications and shown
on the plans and binds himself on acceptance of his proposal to execute a contract and bonds,
according to the accompanying forms, for performing and completing the said work within the
time stated, and maintaining same as required by the detailed specifications for the following
prices, to -wit:
Prices to be written in words.
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish, construct, and install complete in place
A. INSTALLATION OF ILLUMINATED STREET NAME SIGNS
1 L. S. Mobilization, for the sum of
-'�,t�iC1� w,�_iti'3,i 1,i:iCtt`Dollars
and°
t �_ cents $ I(a ' $
per lump sum.
2. 4 Mo. Barricades, Signs, and Traffic Handling, for the sum of
Dollars
and 1\,\(''' cents
per Month
P-1
co IN1 j
Item Estimated
No. Quantity Item Description
Unit Price Total Amount
Furnish, construct, and install complete in place
3. 10 Ea. Single Sided Illuminated Street Name Sign Assemblies (8' Long),
for the sum of
Dollars
and MC),
cents
$
per Each
4. 6 Ea. Single Sided Illuminated Street Name Sign Assemblies (10' Long),
for the sum of
Dollars
and cents
per Each
5. 2,135 L.F. Tray Cable (3 CONDR) (12 AWG), for the sum of
Dollars
and cents ct
per Linear Foot
TOTAL AMOUNT BID
B. ALTERNATE BID ITEMS
6. 1 Ea. Ground Box TY D (162922) w/Apron,
for the sum of
Dollars
and k V —cents
per Each
7. 10 L.F. Conduit (PVC) (SCHD 40) (2") (TRENCH),
for the sum of
\!�: C I ( Dollars
and KC) cents
per Linear Foot
P-2
Receipt is acknowledged -of -the -fp lowing addenda:
Addendum No. 1
Addendum No. 2
Addendum No. 3
The undersigned bidder agrees to commence work within ten (10) days after the date of written
notice to commence work, and to complete the work on which he has bid within 75 working days
as provided in the General Conditions.
Enclosed with this proposal is a cashier's or certified check, or a Bid Bond for $
(5% of greatest amount bid), 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 receipt of bids and the undersigned fails to execute the contract
and the required bonds with the Owner, under the conditions hereof, within fifteen (15) 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.
Respectfully
Contractor
Title:
f�
Address: 7 92
Phone:
P-3
MERCHANTS BONDING. COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC.
2100 FLEUR DRIVE , DES MOINES, IOWA S0321-1158 � (800) 678-8171 • (515) 243-3854 FAX
KNOW ALL PERSONS BY THESE PRESENTS:
Bond No. N/A
That Roadway Solutions,Inc.2524 N.IH35E,Carrollton ,Texas 75006
(hereinafter called the Principal) as Principal, and the MERCHANTS NATIONAL BONDING, INC., a corporation of
the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held
and firmly bound to Town of WestLake;Texas 3 Village Circle,Suite202,Westlake,Texas 76262
(hereinafter called the Obligee) in the full and just sum of( The Greatest Amount Bid
Five Percent -----
___ Dollars
good and lawful money of the United States of America, to the payment of which sum of money well and truly to be
made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
Signed and dated this 8th day of
December
2014
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for
Illuminated Street Name Signs at the Intersections of SH114 and Davis B1vd.,SH114 and Westlake Pkwy.,and US 377 and
and Westport Pkwy.
according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and
enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give
bond for the faithful performance thereof with MERCHANTS NATIONAL BONDING INC., and Surety, or with other
Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee
the damageswhich the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this
obligationshall be null and void; otherwise it shall be and remain in full force and effect.
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed.
Witness:
'i
Roadway Solutions,Inc.
2524 N.IH35E,Carrollton,Texas 75006
Prinrinni
By
Attest:
By
NBC 0231 TX (1/12)
MERgH,t NTS NATIONAL BONDING, INC. .
A.Humphrey
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Cheryl L Humphrey; Shane A Humphrey
of Frisco and State of Texas their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of August , 2014.
t. watt f,
STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By /-e--7 77-�-,
President
On this 13th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
�;'!LIg1
0,
WENDY WOODY
�Commission Number 784654
My Commission Expires
/lbv[[0- June 20, 2017
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 8th day of December 1 2014
POA 0014 (7/14)
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Secretary
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the _ day of December in the year 2014, by and
between the Town of Westlake, Texas (hereinafter called OWNER) and
(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:
Illuminated Street Name Sign Installation
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
State Highway 114 at Davis Blvd, State Highway 114 at Westlake Pkwy, and
US Highway 114 at Westport Pkwy
Article 2. ENGINEER.
The Town Engineer who is hereinafter called ENGINEER and who is to act as
OWNER'S representative, assume all duties and responsibilities and has the rights and
authority assigned to ENGINEER by the OWNER in connection with completion of the
Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. CONTRACTOR agrees to commence work within ten (10) days after the date of
written notice to commence work, and to complete the work on which he has bid within
75 working days as provided in the General Conditions.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price
Work Basis in accordance with the Contract Documents in current funds based on the
measured quantities and the unit prices stated in the Proposal.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment on work completed during the
previous month on the first day of the month. CONTRACTOR shall present only one
Application for Payment each month. Applications for Payment will be processed by
IBJ
ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days
of the date of the invoice.
Article 6. INTEREST.
All moneys not paid when due shall bear interest at the maximum rate allowed by law at
the place of the Project.
Article 7. CONTRACTOR'S REPRESENTIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that
in any manner may affect cost, progress, performance or furnishing of the Work.
7.2. CONTRACTOR binds itself to use such materials and so construct the work that
it will remain in good repair and condition for and during the period of two (2) years from
the date of the repair and to maintain said work in good repair and condition for said
term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in
whole or in part at any time within said period, if in the opinion of the ENGINEER, it be
necessary.
7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall
indemnify and hold harmless OWNER and ENGINEER and their consultants, agents
and employees from and against all claims, damages, losses and expenses, direct,
indirect or consequential (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals and court and arbitration costs) arising out
of or resulting from the performance of Work, provided that any such claim, damage,
loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property (other than the Work itself) including the loss of use
resulting there from and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, and Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part
by a party indemnified hereunder or arises by or is imposed by Laws and Regulations
regardless of the negligence of any such party.
7.4. In any and all claims against OWNER or ENGINEER or any of their consultants,
agents or employees by any employee of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any of them to perform or
furnish any of the Work or anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 7.3 shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under
workers' or workmen's compensation acts, disability benefit acts or other employee
benefit acts.
OVA
Article 8. Contract Documents
The Contract Documents which, comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 Notice to Bidders consisting of one (1) page.
8.2 Instructions to Bidders consisting of three (3) pages.
8.3 Proposal consisting of three (3) pages.
8.4 This Agreement consisting of four (4) pages.
8.5 Performance, Payment and Maintenance Bonds consisting of four (4) pages.
8.6 General Conditions consisting of 26 pages.
8.7 General Requirements consisting of 14 pages.
8.8 Construction Plans consisting of thirty-six (36) sheets as prepared by Lee
Engineering, L.L.C.
8.9 Addenda Nos. _
There are no Contract Documents other than those listed above in this Article 8.
Article 9. TERMINATION.
OWNER may terminate contract if CONTRACTOR persistently fails to perform the work
in accordance with the Contract Documents including, but not 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 10. MISCELLANEOUS.
10.1. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another 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.
10.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect of all covenants, agreements and obligations contained
in the Contract Documents.
A-3
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of
the Agreement. Two counterparts each have been delivered to OWNER and
CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of
the Contract Documents have been signed or identified by OWNER and CONTRACTOR
or by ENGINEER on their behalf.
This agreement will be effective on the V7�J' day of VLb- LA 201"
OWNER:
CONTRACTO
Town of Westlake, Texas1,4
ATTEST:. ATTEST:
Kelly E i sn Secretary
Vrc,o\�
Address for giving notices: Address forgiving notices:
3 Village Circle, Suite 202 U,IH'm&
Westlake, Texas 76262 _75coL
(If OWNER is a public body, attach List name of person to whose attention
resolution authorizing execution of notices are to be sent:
Agreement.
(If CONTRACTOR is a Corporation,
'\O \N N
OA
attach evidence of authority to sign.)
A-4
'`'� CERTIF LATE OF LIABILITY INSURANCE - DATE(MM/DDiYYYY)
I 2J9/2015
THIS CERTIFICATE IS ISSUED AS A MA E12 OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVEL OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURAI CE DOES NOT CONSTITUTE A CONTRACT, BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND Tt E CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an DDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, cert li> policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorseme t(16).
PRODUCERI CONAME: NTACT Janice Sullivan
Patterson & Associates Insura ee Agency, Inc. PHONE (972) 669-2431 FAX o: --- -83-0831
1202 East Arapaho Rd. #100 I MAIL _nice@
ADDR 7 piainsure . com
PO Box 852037
INSURER(S) AFFORDING COVERAGENAIC #
Richardson TX 75085 INSURERA:United Fire Group
INSURED INSURER B :Service Llo ds Insurance Co .
Roadway Solutions, Inc. INSURER C:
2524 N. Interstate 35 East
(Carrollton TX 75006 ( iINSURER F:
COVERAGES r_CDTICI ATCAIiIRaCCCAA1d-1C nr .........
THIS IS TO CERTIFY THAT THE POLICIES OF I
- - --- - --- ..cv1Qwrvr14umacrc:
ISPRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY PERT
THE POLICY PERIOD
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
IN, THE
EXCLUSIONS AND CONDITIONS OF SUCH POLK
INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR ADDL
LTR TYPE OF INSURANCE INSR
POLICY EFF POLICY EXP
Wnl POLICY NUMBER MM/DDIYYYY) (MMfDD[YYYY1 I LIMITS
GENERAL LIABILITY
Dan Thomas/JANICE �J G► r;
EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY
PREMISES Ea Ecco ence $ 100,000
A
CLAIMS -MADE a OCCUR
85320003
0/15/2014
/15/2015
MED EXP (Any one person) $ 1,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMP/OP AGG $ 2,000,000
X POLICY PECT El RO LOC
1
$
AUTOMOBILE
LIABILITY
'
COMBINED SINGLE LIMIT
X
Ea accident $ 1,000,000
BODILY INJURY (Per person) $
A
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
(5320003
0/15/2014
/15/2015
BODILY INJURY (Per accident) $
HIRED AUTOS NON -OWNED
AUTOS
PROPERTY DAMAGE
$
Per adent
cci
$
X
UMBRELLA
OCCUR
EACH
EACH OCCURRENCE $ 1,000,000
A
EXCESS UAB
B
!
AGGREGATE $ 1, POO, 000
DED X RETENTION$ 10,00
5320003
0/15/2014
/15/2015
B
WORKERS COMPENSATION
AND EMPLOYERS'
$
WC STATU-' OTH-
X
LIABILITY Y / N
E.L. EACH ACCIDENT $ 11 OOO 000
ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED?
N / A
(Mandatory lin NH)
If yes, describe under
RZF28680-14
/7/2014
/7/2015
EL.DISEASE-EAEMPLOYE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS i LOCATIONS / VEHICLES ( ch
ACORD 101, Additional Remarks Schedule, if more space is required)
RE: Illuminated street signs atnlersection
of SH114 and Davis Blvd/SH114 and Westlake Pkwy and US377
and Westport Pkwy.
The General Liability and Auto Lability
policies include a blanket automatic Additional Insured
endorsement that provides Additinal
Insured status to the certificate holder when there is an executed
written contract that requires s ch
status. The General Liability, Auto Liability and Workers'
Compensation policies include a llanket
automatic waiver of subrogation endorsement that this
feature only when there is an ex cilted
provides
written contract that requires it.
I
Town of Westlake Texas (
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
3 Village Circle
AUTHORIZED REPRESENTATIVE
Suite 202
Westlake, TX 76262
Dan Thomas/JANICE �J G► r;
-- - -- -- Iv I Voa-ZU-1U At UKu GUKNUKA I ION. All rights reserved.
IN8025 onlnnsl m Th Arr)pn namo nnel Innn gra rnniefnrari mnrirc of Ar npn
fi
INDEMNIFICATION BY CONTRACTOR
Town shall not be liable or responsible for, and shall be saved and held harmless by Contractor
from and against any and all suits, actions, losses, damages, claims, or liability of any character,
type, or description, including all expenses of litigation, court costs, and attorney's fees for injury
or death to any person, or injury to any property, received or sustained by any person or
persons or property, arising out of, or occasioned by, directly or indirectly, the performance of
Contractor under this agreement, including claims and damages arising in part from the
negligence of Town, without; however, waiving any governmental immunity available to the
Town under Texas law and without waiving any defenses of the parties under Texas law. The
provisions of this indemnification are solely for the benefit of the parties hereto and not intended
to create or grant any rights, contractual or otherwise, to any other person or entity.
It is the expressed intent of the parties to this Agreement that the indemnity provided for in this
section is an indemnity extended by Contractor to indemnify and protect Town from the
consequences of Town's own negligence, provided, however, that the indemnity provided for in
this section shall apply only when the negligent act of Town is a contributory cause of the
resultant injury, death, or damage, and shall have no application when the negligent act of Town
is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of
another person or entity.
Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name
of Town, any claim or litigation brought in connection with any such injury, death, or damage.
The Contractor will secure and maintain Contractual Liability insurance to cover this
indemnification agreement that will be primary and noncontributory as to any insurance
maintained by the Town for its own benefit, including self-insurance. In addition, Contractor
shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the
required coverage.
Company Name (Contractor)
Si atur "
Mo r r1 c-
Name (Plea - -e Print)
Title
IC -1
Part G - General Conditions
G.I. - Definitions of Terms and Abbreviations
G.1.1. Definition of Terms
G.2.1. Abbreviations
G.2. - Proposal Requirements and Conditions
G.2.1.
Proposal Form
G.2.2.
Quantities in Proposal Form
G.2.3.
Examination of Plans, Specifications and Site of the Work
G.2.4.
Preparation of Proposal
G.2.5.
Proposal Guaranty
G.2.6.
Filing Proposals
G.2.7.
Withdrawing Proposals
G.2.8.
Opening Proposals
G.2.9.
Irregular Proposals
G.2.10.
Rejection of Proposals
G.2.11.
Disqualification of Bidders
G.3. - Award and Execution of Contract
G.3.1.
Consideration of Contract
G.3.2.
Award of Contract
G.3.3.
Return of Proposal Guaranty
G.3.4.
Surety Bonds
G.4.4.
(A) Construction Bond or Performance Bond
G.4.5.
(B) Payment Bond
G.4.6.
(C) Maintenance Bond
(D) Other Bonds
Sureties
G.3.5.
Execution of Contract
G.3.6.
Failure to Execute Contract
G.4. - Scope of Work
G.4.1.
Intent of Plans and Specifications
G.4.1.1.
"or Equal" Clause
G.4.2.
Special Provisions
G.4.3.
Increased or Decreased Quantities
G.4.4.
Alteration of Plans and Specifications
G.4.5.
Extra Work
G.4.6.
Final Clean -Up
TC -1
G.S. - Control of the Work and Materials
G.5.1. Engineer's Authority and Duty
G.5.2. Superintendence and Inspection
G.5.3. Contractor's Duty and Superintendence
G.5.4. Contractor's Understanding
G.5.5. Character of Workmen
G.5.6. Contractor's Building
G.5.7. Sanitation
G.5.8. Shop Drawings
G.5.9. Preliminary Approval
G.5.10. Defects and Their Remedies
G.5.11. Changes and Alterations
G.5.12. Conformity with Plans
G.5.13. Existing Structures
G.5.14. Coordination of Plans, Specifications, Proposals and Special Provisions
G.5.15. Source and Supply of Materials
G.5.16. Samples and Tests of Material
G.5.17. Storage of Materials
G.5.18. Inspection
G.5.19. Removal of Defective and Unauthorized Work
G.5.20. Final Inspection
G.6. - Legal Relations and Public Responsibility
G.6.05. Arbitration
G.6.1.
Law and Ordinances
G.6.2.
Permits and Licenses
G.6.3.
Protection Against Royalties or Patented Invention
G.6.4.
Public Convenience and Safety
G.6.5.
Privileges of Contractor in Streets, Alleys and Right -of -Way
G.6.6.
Railway Crossings
G.6.7.
Barricades, Lights and Watchman
G.6.8.
Use of Explosives
G.6.9.
Protection and Restoration of Property
G.6.10.
Responsibility of Damage Claims
G.6.11.
Contractor's Claim for Damages
G.6.12.
Public Utilities and Other Property to be Changed
G.6.13.
Temporary Sewer and Drain Connections
G.6.14.
Arrangement and Charge for Water Furnished by the City
G.6.15.
Use of Fire- Hydrants
G.6.16.
Use of a Section or Portion of the Work
G.6.17.
Contractor's Responsibility for the Work
G.6.18.
Contractor's Insurance
G.6.19.
Workers' Compensation Insurance Coverage
TC -2
G.7. - Prosecution and Progress
G.7.1.
Assignment and Subletting
G.7.2.
Prosecution of the Work
G.7.3.
Limitation of Operations
G.7.4.
Time and Order of Completion
G.7.5.
Extension of Time
G.7.6.
Hindrances and Delays
G.7.7.
Incentive and Failure to Complete on Time
G.7.8.
Suspension by Court Order
G.7.9.
Temporary Suspensions
G.7.10.
Abandonment by Contractor
G.7.11.
Termination of Contract
G.B. - Measurements and Payments
G.8.1.
Quantities and Measurements
G.8.2.
Estimated Quantities
G.8.3.
Partial Payment
G.8.4.
Final Completion and Acceptance
G.8.5.
Final Payment
G.8.6.
Payments Withheld
G.8.7.
Delayed Payments
G.8.8.
Time Filing Claims
TC -3
Part G - General Conditions
Section GA. - Definition of Terms and Abbreviations
G.I.I. Definition of Terms: Wherever the words, forms or phrases defined herein or
pronouns used in their place occur in these specifications, in the contract, in the bonds, in the
advertisement, or any other document or instrument herein contemplated, or to which these
specifications apply or may apply, the intent and meaning shall be interpreted as follows:
Advertisement: All of the legal publications pertaining to the work contemplated under the
contract.
Bidder: Any person, persons, partnership, company, firm associations, or corporation acting
directly or through a duly authorized representative submitting a proposal for the work
contemplated.
Town: The Town of Westlake, Texas, a Municipal Corporation, acting by and through (a) its
governing body, (b) its Mayor, or (c) its Town Manager, each of whom is required by charter to
perform specific duties.
Town Attorney: The Town Attorney of the Town of Westlake, Texas, or his duly authorized
assistants or agents.
Town Council: The Town Council of the Town of Westlake, Texas.
Town Manager: The Town Manager of the Town of Westlake, Texas.
Town Secretary: The Town Secretary of the Town of Westlake, Texas or his duly Authorized
assistants or agents.
Contract: The contract shall consist of the Notice to Bidders (advertisement), Special
Provisions, (Instructions to Bidders), Proposal, Signed Agreement, Performance and Payment
Bonds, Maintenance Bond, General Provisions and Requirements, Construction Specifications,
Construction Plans and all modifications thereof incorporated in any of the documents before
the execution of the Agreement.
The Contract Documents are complementary, and what is called for shall be as binding as if
called for by all. In case of conflict between any of the Contract Documents, priority of
interpretation shall be in the following order:
Signed Agreement, Performance Bond, Payment Bond, Maintenance Bond, Special
Bond (if any), Proposal, Special Provisions, Notice to Contractor, Construction
Specifications, Construction Plans, and General Provisions and Requirements.
Contractor: The person, persons, partnership, company, firm association or corporation
entering into contract for the execution of work acting directly or through a duly authorized
representative.
Town Engineer: The Town Engineer of the Town of Westlake, Texas, or his duly authorized
assistants or agents.
G-1
Engineer: The word "Engineer" shall be understood as referring to the Town Engineer.
Extra Work: The term extra work as used in this contract shall be understood to mean and
include all work that may be required by the Engineer or Town to be done by the Contractor to
accomplish any changes, alterations, addition of the work shown on the plans, or reasonably
implied by the specifications, and not covered by the Contractor's proposal, except as provided
under "Changes and Alterations," herein.
Maintenance Bond: The approved form of security furnished by the Contractor and its surety as
a guarantee of good faith on the part of the Contractor to correct any discrepancy which may
arise as a result due to faulty maintenance or workmanship for a period of two (2) years from
final acceptance of the work as provided herein.
Mayor: The Mayor of the Town of Westlake.
Payment Bond: The approved form of security furnished by the Contractor and his surety as a
guarantee for the protection of all claimants supplying labor and material in the prosecution of
the work provided in the contract.
Performance Bond: The approved form of security furnished by the Contractor and his surety
as a guarantee of good faith on the part of the Contractor to execute the work in accordance
with the plans, specifications and terms of the contract.
Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including
such supplementary drawings or addenda as the Engineer may issue in order to clarify other
drawings, or for the purpose of showing changes in the work hereinafter authorized, or for
showing details not shown thereon.
Proposal: The written statement or statements duly filed with the Town Secretary of the
person, persons, partnership, company, firm association or corporation proposing to do the
work contemplated, including all approved forms on which the formal bids for the work are to be
prepared.
Special Provisions: The special clauses setting forth conditions or requirements peculiar to the
specific project involved, supplementing the Standard Specifications, and taking precedence
over any conditions or requirements of the Standard Specifications with which they are in
conflict.
Specifications:
1) Town of Westlake — Engineering Standards, latest edition and applicable
Ordinances
2) North Central Texas Council of Governments — latest edition of Standard
Specifications for Public Works Construction
3) The Directions, Provisions, and Requirements as set forth in the Texas Department
of Transportation, 2004 Standards for Construction of Highways, Streets, and
Bridges, together with the Special Provisions supplemental hereto, pertaining to the
method and manner of performing the work or to the qualities or quantities of the
materials to be furnished under the contract.
G-2
Subcontractor: The term subcontractor, as employed herein, includes only those having a
direct contract with the Contractor, and it includes one who furnished material worked to a
special design according to the plans or specifications of this work, but does not include one
who merely furnished material not so worked.
Substantially Completed: By the term "Substantially Completed" is meant the structure has
been made suitable for use or occupancy or the facility is in condition to service its intended
purpose, but still may require minor miscellaneous work and adjustment.
Sureties: The corporate bodies which are bound by such bonds as are required with and for
the Contractor. Said sureties engage to be responsible for the entire and satisfactory fulfillment
of the contract, and for any and all requirements as set out in the specifications, contract or
plans.
Working Day: A working day is defined as any day, not including Saturdays, or Sundays, or
any legal holidays, in which weather or other conditions not under the control of the Contractor
will permit construction of any sort of the principal unit of the work for the continuous period of
not less than seven (7) hours between 8:00 a.m. and 5:00 p.m.
Working Hours: Work shall be done only during the regular and commonly accepted and
described working hours between 8:00 a.m. and 5:00 p.m. No work shall be done nights,
Saturdays, Sundays, or any regular holidays unless special permission is given by the Engineer
or as may be approved by the proper administrative Town representative.
Written Notice: Written Notice shall be deemed to have been duly served if delivered in person
to the individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered mail to the last business address known to him
who gives the notice.
The Work: Unless otherwise stipulated, the Contractor shall provide and pay for all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, lights,
power, fuel, transportation, and other facilities necessary for the execution and completion of
the work covered by the contract documents. Unless otherwise specified, all materials shall be
of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the quality
of materials. Materials or work described in words which so applied have a well known
technical or trace meaning shall be held to refer to such recognized standards.
G.1.2. Abbreviations: Wherever the abbreviations defined herein occur in the plans, in the
specifications, contract, bonds, advertisement, proposal, or in any other document or
instrument herein contemplated or to which the specifications apply or may apply the intent and
meaning shall be as follows:
A.A.S.H.T.O.
American Association
Lb.
Pound
of State Highway and
L.S.G.Co.
Lone Star Gas Co.
Transportation Officials
M.H.
Manhole
A.S.T.M.
American Society for
Max.
Maximum
Testing Materials
Min.
Minimum
Asph.
Asphalt
Mono.
Monolithic
Ave.
Avenue
No.
Number
Blvd.
Boulevard
%
Percent
C.1.
Cast Iron
P.S.1.
Pounds per Square Inch
G-3
C. L.
Centerline
R.
Radius
C.O.
Cleanout
Reinf.
Reinforced
Conc.
Concrete
Rem.
Remove
Cond.
Conduit
Rep.
Replace
Corr.
Corrugated
R/W or R of
W Right -of -Way
Cu.
Cubic
Sani.
Sanitary
Culy.
Culvert
S.W.B.T.
Southwestern Bell Telephone
Dia.
Diameter
Company
Dr.
Drive or Driveway
Sq.
Square
Elev.
Elevation
Std.
Standard
F.
Fahrenheit
St.
Street or Storm
Ft. or'
Feet or Foot
Str.
Strength
Ga.
Gallon
TXU
Texas Utilities
H.S.
Horseshoe
Vol.
Volume
In. or
Inch or Inches
W.U.T. Co.
Western Union Telegraph
Lin.
Linear
Company
Yd.
Yard
Section G.2. - Proposal Requirements and Conditions
G.2.1. Proposal Form: The Town will furnish bidders with Proposal Forms, which will state
the general location and description of the contemplated work, and which will contain an
itemized list of the items of work to be done or materials to be furnished, and for which bid
prices are asked. The Proposal Form will provide for entering the amount of Proposal
Guarantee, and information about the ability, skill and business standing of the bidder.
G.2.2. Quantities in Proposal Form: The quantities of the work and materials set forth in
the proposal form on the plans approximately represent the work to be performed and materials
to be furnished, and are for the purpose of comparing bids on a uniform basis. Payment will be
made by the Town to the Contractor only for actual quantities of work performed or materials
furnished in accordance with the plans and specifications, and it is understood that quantities
may be increased or decreased as herein after provided, without in any way invalidating the bid
prices.
G.2.3. Examination of Plans, Specifications and Site of the Work: Bidders are advised that
the plans, specifications and other documents on file with the Town Secretary shall constitute
all of the information which the Town will furnish. Prospective bidders shall make careful
examination of the site of the project, disposal sites for surplus materials not designated to be
salvaged materials, the availability of ingress and egress to private properties, and methods of
handling traffic during the construction of the entire project.
Bidders are required, prior to submitting any proposal, to read the specifications, proposal,
contract, and bond forms carefully, to visit the site of the work, to examine carefully local
conditions, to inform themselves by their independent research, test and investigations of the
difficulties to be encountered and determine for themselves and accessibility of the work and all
attending circumstances affecting the cost of doing the work or the time required for its
completion, and to obtain all information required to make an informed proposal. No
information given by the Town or any officials thereof, other than that shown on the plans and
contained in the specifications, proposal, and other documents, shall be binding upon the Town.
Bidders shall rely on their own estimates, investigations, tests, and other data which are
G-4
necessary for full complete information upon which the proposal may be based. If it is mutually
agreed that submission of a proposal is evidence that the bidder has made the examinations,
investigations and tests required herein, and that if he is the low bidder he will enter into the
usual contract with the Town of Westlake.
G.2.4. Preparation of Proposal: The bidder shall submit his proposal on the forms
furnished by the Town. The bidder shall state the prices, written in ink both in words and
numerals, for which he proposes to do the work contemplated. Such prices shall be distinctly
legible. In case of discrepancy between prices written in words and the price written in figures,
the price written in words shall govern. If the proposal is submitted by an individual, his name
must be signed by him or a duly authorized agent. If the proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given. If the
proposal is submitted by a company or a corporation, the company or corporate name and
business address must be given and the proposal signed by an official or duly authorized agent.
Powers of Attorney authorizing agents or others to sign proposals must be properly certified
and must be in writing and submitted with the proposal.
G.2.5. Proposal Guaranty: No proposal will be considered unless it is accompanied by a
cashier's check on any state or national bank in Tarrant County, Texas or acceptable bidder's
bond, payable unconditionally to the Town of Westlake, Texas. The cashier's check or bidder's
bond shall be in the amount of not less than five percent (5%) of the total amount of the bid.
The Proposal Guaranty is required by the Town as evidence good faith and as guaranty, that if
awarded the contract, the bidder will execute the contract and furnish the required bonds within
ten (10) days after receipt of acceptance.
Said bonds shall further guarantee that if the proposal is withdrawn after the bids have been
opened or if the Contractor refuses to execute the contract in accordance with his proposal, the
Contractor and the surety will become liable to the Town of Westlake for damages incurred. If
a bidder's bond is used, the surety thereon shall designate an agent resident in Tarrant County,
Texas, to whom requisites notice may be delivered and upon whom service of process may be
held.
Bidder warrants that the bid it submits has been checked for mathematical correctness and
same is correct. Bidder agrees that should it desire to withdraw its bid after bid opening
because of a mathematical mistake that the Town of Westlake may retain the bid security as
liquidated damages and not as penalty and the bidder hereby waives any legal defense
available to the bidder for such mistake. (i.e. unilateral mistake).
If a bidder's bond is used, an acceptable surety shall be determined from the latest United
States Treasury Department list of companies holding certificates of authority and acceptable
sureties on Federal Bonds.
G.2.6. Filing Proposals: No proposal will be considered unless it is filed with the office of
the Town Secretary in the Town Hall, Westlake, Texas, within the time limit for receiving
proposals as stated in the advertisement. Each proposal shall be in a sealed envelope, plainly
marked with the work "Proposal" and the name or description of the project as designated in
the advertisement. In the event of addendum(s), the Bidder shall mark the sealed envelope
showing that the addendum has been received.
G.2.7. Withdrawing Proposals: Proposals filed with the Town cannot be withdrawn or
modified prior to the time set for opening proposals. Requests for nonconsideration of
G-5
proposals must be made in writing addressed to the Town Council and filed with the Town
Secretary prior to the time set for opening proposals. After other proposals are opened and
publicly read, the proposal for which withdrawal is properly requested may be returned
unopened.
G.2.8. Opening Proposals: The proposals submitted will be opened at the time stated in
the advertisement and publicly read aloud, and shall thereafter remain on file in the Town Hall.
G.2.9. Irregular Proposals: Proposals will be considered irregular if they show any
omissions, alterations of form, additions, or conditions not called for, unauthorized alternate
bids or irregularities of any kind. However, the Town reserves the right to waive any
irregularities and to make the award in the best interests of the Town.
G.2.10. Rejection of Proposals: The Town reserves the right to reject any or all proposals,
and all proposals submitted are subject to this reservation. Proposals may be rejected for any
of the following specific reasons:
(a) Proposals received after the time limit for receiving proposals as stated in the
advertisement.
(b) Proposals containing any irregularities
(c) Unbalanced value of any items
G.2.11. Disqualification of Bidders: Bidders may be disqualified and their proposals not
considered for any of the following specific reasons:
(a) Reason for believing collusion exists among the bidders.
(b) Reasonable grounds for believing that any bidder is interested in more than
one proposal for the work contemplated.
(c) The bidder interested in litigation against the Town.
(d) The bidder being in arrears on any existing contract or having defaulted on a
previous contract.
(e) Lack of competency as revealed by the Financial statement, experience and
equipment, questionnaires, etc.
(f) Uncompleted work which in the judgment of the Town will prevent or hinder the
prompt completion of additional work if awarded.
Section G.3. - Award and Execution of Contract
G.3.1. Consideration of Contract: After proposals are opened, the proposals will be
tabulated for comparison on the basis of the bid price, quantities and time shown in the
proposal. Until final award of the contract, the Town reserves the right to reject any or all
proposals, to waive technicalities and to readvertise for new proposals or proceed to do
otherwise in the best interests of the Town.
G.3.2. Award of Contract: The Town reserves the right to withhold the award of the
contract for a reasonable period of time from the date of opening proposals and no award will
be made until after investigations are made as to the responsibilities of the low bidder.
G.3.3. Return of Proposal Guaranty: As soon as proposal prices have been tabulated for
comparison of bids, the Town may, at its discretion, return the proposal guaranties
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accompanying the proposal which, in its judgment, would not be considered in the award; all
other proposal guaranties will be retained by the Town until required contract and bonds have
been executed, after which they will be returned. No proposal guaranties will be returned until
at least two (2) days shall have elapsed from time of opening proposals.
G.3.4. SuretyBonds: With the execution and delivery of the contract, the Contractor shall
furnish and file with the Town in the amount herein required, the following Surety Bonds:
(A) Construction Bond or Performance Bond: A good and sufficient Construction Bond
in the amount equal to one hundred percent of the approximate total amount of the
contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full
and faithful execution of the work in accordance with the plans and. specifications.
This Construction Bond shall guarantee the repair and maintenance of all defects
due to faulty materials and workmanship for a period of one year from date of
completion and acceptance of the improvement by the Town.
(B) Payment Bond: A good and sufficient bond in an amount equal to 100 percent of
the approximate total amount of the contract, as evidenced by the proposal
tabulation, or otherwise guaranteeing the full and proper protection of all claimants
supplying labor and materials in the prosecution of the work provided for in said
contract and for the use of each claimant.
(C) Maintenance Bond: A Maintenance Bond in the amount equal to 100 percent of the
total contract price for the project installation shall be furnished by the Contractor for
work performed in accordance with the Town of Westlake subdivision ordinance.
The Maintenance Bond shall be for a period of two (2) years from and after the date
of completion and final acceptance of the entire project by the Town of Westlake,
Texas. The Contractor shall maintain and keep in good repair the work
contemplated under these plans, specifications, drawings, etc., and perform for a
period as set forth in the Maintenance Bond, from the date of acceptance, all
necessary repairs, reconstruction and renewal of any part of said construction, and
to finish the labor and materials to make good and to repair any defective condition
growing out of or on account of the breakage or failure of any substance of improper
function of same. Said maintenance contemplates the complete restoration to a
functional use of any work required by faulty material during the said period as set
forth in the Maintenance Bond.
(D) Other Bonds: Other bonds, if required in the Special Provisions.
Sureties: No sureties will be accepted by the Town who are now in default or delinquent on
any bonds or who are interested in any litigation against the Town. All bonds shall be made on
one corporate surety authorized to do business in the State of Texas and acceptable to the
Town. An acceptable surety to the Town of Westlake shall be determined as any surety listed
as follows on the latest United States Treasury Department list of companies holding
certificates of authority as acceptable sureties on Federal Bonds. Each bond shall be executed
by the Contractor and the surety.
Should any surety on the contract be determined unsatisfactory at any time by the Town, notice
will be given to the Contractor to that effect, and the Contractor shall immediately provide a new
surety satisfactory to the Town. No payment will be made under the contract until the new
surety or sureties, as required, have qualified and been accepted by the Town. The contract
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shall not be operative nor will any payments be due or paid until approval of the bonds have
been made by the Town.
G.3.5. Execution . of Contract: The person or persons, partnership, company, firm
association or corporation to whom a contract is awarded shall within fifteen (15) working days
after the date of being informed (via facsimile or telephone) or the date of receipt of the contract
forms (which ever occurs first) for this project shall sign the contract and return same to the
Town for execution. No contract shall be binding on the Town until it has been attested by the
Town Secretary and executed for the Town by the Mayor and delivered to the Contractor.
G.3.6. Failure to Execute Contract: The failure of the bidder to execute the required bonds
or to sign the required contract within fifteen (15) working days after the date of being informed
(via facsimile or telephone) or the date of receipt of the contract forms (which ever occurs first)
for this project shall be considered by the Town as an abandonment of his proposal and the
Town may annul the award. By reason of the uncertainty of the market prices of materials and
labor, and it being impracticable and difficult to determine accurately the amount of damages
accruing to the Town by reason of said bidder's failure to execute said bonds and contract
within fifteen (15) working days, the Proposal Guaranty accompanying the proposal shall be the
agreed amount of damages which the Town will suffer by reason of failure on the part of the
bidder, and shall thereupon immediately be forfeited to the Town. The filing of a proposal will
be considered as an acceptance of this provision.
Section GA - Scope of Work
GAI. Intent of Plans and Specifications: The intent of the plans and specifications is to
prescribe a complete work or improvement which the Contractor undertakes to do in full
compliance with the plans, specifications, Special Provisions, proposal and contract. The
Contractor shall do all work as provided in the plans, specifications, Special Provisions,
proposal, and contract, and shall do such additional extra work as may be considered
necessary to complete the work in a satisfactory and acceptable manner. The Contractor shall
furnish all labor, tools, materials, machinery, equipment, and incidentals necessary to the
prosecution of the work.
GAIA. A. "or Equal" Clause: Whenever a material or article required is specified or shown on
the plans by using the name of the proprietary product, or a particular manufacturer or vendor,
any material or article which will perform adequately the duties imposed by the general design
will be considered equal and satisfactory provided the material or article so proposed is of equal
substance and function, and only after written approval by the Engineer.
GA2. Special Provisions: Should any work or conditions which are not thoroughly and
satisfactorily stipulated or covered by the general or standard specifications be anticipated on
any proposed work, "Special Provisions" for such work may be prepared by the Town previous
to the time of receiving bids, and shall be considered as a part of the specifications and
contract.
GAI Increased and Decreased Quantities: The Town reserves the right to alter the
quantities of the work to be performed or to extend or shorten the improvements at any time
when and as found necessary. The Contractor shall perform the work as altered provided the
increased or decreased quantity is not be more than twenty-five percent of the contemplated
quantity of such item or items. No allowance will be made for any change in anticipated profits
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nor shall such changes be considered as waiving or invalidating any conditions or provisions of
the contract and bond.
GAA Alteration of Plans and Specifications: The Town reserves the right to make such
changes in the plans and specifications and in the character of the work as may be necessary
or desirable to insure completion in the most satisfactory manner, provided such changes do
not materially alter the original plans and specifications or change the general nature of the
work as a whole. Such changes shall not be considered as waiving or invalidating any
condition or provision of the contract or bond.
GAA Extra Work: When any work is necessary to the proper completion of the project for
which no prices are provided in the proposal and contract, the Contractor shall do such work,
but only when and as ordered in writing by the Engineer, subject, however, to the right of the
Contractor to require a written confirmation of such extra work order by the Town. It is also
agreed that the compensation to be paid the Contractor for performing said extra work shall be
determined by one or more of the following methods:
Method (A) By agreed unit prices; or
Method (B) By agreed lump sum; or
Method (C) If neither Method (A) or Method (B) can be agreed
upon before the extra work is commenced then the
Contractor shall be paid the "actual field cost" of the
work, plus fifteen (15) percent
In the event said extra work be performed and paid by under Method (C) then the provisions of
this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all
workmen, such as foremen, timekeepers, mechanics, and laborers, and materials, supplies,
teams, trucks, rentals on machinery and equipment, for the time actually employed or used on
extra work, plus actual transportation charges necessarily incurred together with all necessary
incidental expenses incurred directly on account of such extra work, including social security,
old age benefit and other payroll taxes, public liability and property damage and workmen's
compensation, and all other insurance as may be required by any law or ordinance, or directed
by the Engineer of Town, or by them agreed to. The Engineer may direct the form in which
accounts of the "actual field cost" shall be kept and the record of these accounts shall be made
available to the Engineer. The Engineer may also specify in writing before the work
commences, the method of doing the work. The type and kind of machinery and equipment
shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of
equipment which shall be incorporated into the written extra work order. Save that where the
Contractor's camp or field office must be maintained primarily on account of such extra work,
then the cost to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In
case any orders or instructions are directed to the Contractor for which he should receive
compensation or an adjustment in the construction time, he shall make written requests to the
Engineer, for written order authorizing such extra work. Should a difference of opinion arise as
to what does or does not constitute extra work, or as to the payment therefor and the Engineer
insists upon its performance, the Contractor shall proceed with the work after making written
request for written order and shall keep an accurate account of the "actual field cost" thereof,
as provided under Method (C), The Contractor will hereby preserve the right to submit the
matter of payment to arbitration, as herein below provided.
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GA6. Final Clean -Up: Upon completion of the work and before acceptance and final
payment will be made, the Contractor shall clean and remove from the site of the work surplus
and discarded materials, temporary structures, discarded materials, and debris of every kind.
He shall leave the site of the work in a neat and orderly condition equal to that which originally
existed. Surplus and waste materials removed from the site of the work shall be disposed of at
locations satisfactory to the Engineer.
Section G.5. - Control of the Work and Materials
G.5.1. Engineer's Authority and Duty: Unless otherwise specified, it is mutually agreed
between the parties to this agreement that the Engineer may inspect all work included herein.
He has the authority to stop the work whenever such stoppage may be necessary to insure the
proper execution of the contract.
In order to prevent delays and disputes and to discourage litigation, it is further agreed that the
Engineer shall in all cases determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract, and shall in all cases decide every question which
may arise relative to the execution of this contract on the part of said Contractor.
The Engineer shall, within a reasonable time, render and deliver to the Contractor a written
decision on all claims of the parties hereto and on all questions which may arise relative to the
execution of the work or the interpretation of the contract, specifications and plans.
Whenever the words "directed", "required", "permitted", "designated", "considered necessary",
"prescribed", or words of like import are used, it shall be understood that the direction,
requirement, permission order, designation or prescription of the Engineer is intended; and
similarly, the words "approval", "acceptable", "satisfactory", or words of like import shall mean
approved by or acceptable or satisfactory to the Engineer.
G.5.2. Superintendence and Inspection: It is agreed by the Contractor that the Engineer
shall be and is hereby authorized to appoint from time to time such subordinate engineers,
supervisors, or inspectors as the said Engineer may deem proper to inspect the materials
furnished and the work done under this agreement, and to see that the said material is
furnished, and said work is done in accordance with the specifications therefor. The Contractor
shall furnish all reasonable aid and assistance required by the subordinated engineers,
supervisors, or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the direction and instruction of any subordinate engineers,
supervisors, or inspectors so appointed, when such directions and instructions are consistent
with the obligations of the agreement and the accompanying plans and specifications, provided,
however, that should the Contractor object to any order by any subordinate engineer,
supervisor, or inspector, the Contractor within six (6) days make a written appeal to the
Engineer for his decision.
G.5.3. Contractor's Duty and Superintendence: The Contractor shall give personal
attention to the faithful prosecution and completion of this contract and shall keep on the work,
during its progress, a competent superintendent who shall represent the Contractor in his
absence and all directions given to him shall be as binding as if given to the Contractor.
Important directions shall be confirmed in writing to the Contractor. Other directions shall be so
confirmed on written request in each case.
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The Contractor will be supplied with three copies of the plans and specifications, and shall have
available on the work at all times one copy of said plans and specifications. The Contractor
shall give to the work the consistent attention necessary to facilitate the progress thereof, and
he shall cooperate with the Engineer, his inspectors and with other Contractors, in every way
possible. The Contractor shall provide all facilities to enable the Engineer and his inspectors to
inspect the workmanship and materials entering into the work.
G.5.4. Contractor's Understanding: It is understood that it is agreed that the Contractor
has, by careful examination satisfied himself as to the nature and location of the work, the
conformation of the ground, the character, quality and quantity of the materials to be
encountered, the character of equipment and facilities needed in preparation for and during the
prosecution of the work, the general and local conditions, and all other matters which can in any
way affect the work under this contract. No verbal agreement or conversation with any officer,
agent or employee of the Town either before or after the execution of this contract, shall affect
or modify any of the terms of obligations herein contained.
G.5.5. Character of Workmen: The Contractor agrees to employ only orderly and
competent men, skillful in the performance of the type of work required under this contract to do
the work; and agrees that whenever the Engineer shall inform him in writing that any man on
the work is in his opinion incompetent, unfaithful or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Engineer's
written consent.
G.5.6. Contractor's Buildings: The building of structures for housing men, or the erection of
tents or other forms of protection, will be permitted only at such places as the Engineer shall
direct, and the sanitary conditions of the grounds on or about such structures shall at all times
be maintained in a manner satisfactory to the Engineer.
G.5.7. Sanitation: Necessary sanitary conveniences for the use of the laborers on the
work, properly secluded from public observation, shall be constructed and maintained by the
Contractor in such a manner and at such points as shall be approved by the Engineer, and their
use shall be strictly enforced.
G.5.8. Shop Drawings: The Contractor shall submit to the Engineer, with such promptness
as to cause no delay in his own work or in that of any other Contractor, four copies, unless
otherwise specified, of all shop and/or setting drawings and schedules required for the job of
the various trades, and the Engineer shall review them with reasonable promptness, making
desired corrections. The Contractor shall make any corrections required by the Engineer, file
with him two corrected copies and furnish such other copies as may be needed. The
Engineer's approval of such drawings or schedules shall not relieve the Contractor from
responsibility for deviations from drawings or specifications, unless he has in writing called the
Engineer's attention to such deviations at the time of submission, nor shall it relieve him from
responsibility of errors of any sort in shop drawings or schedules.
G.5.9. Preliminary Approval: The Engineer shall not have the power to waive the obligation
of this contract for the furnishing by the Contractor of good materials, and of his performing
good work as herein described, and in full accordance with the plans and specifications. No
failure or omission of the Engineer to condemn defective work or materials shall release the
Contractor from the obligations to at once tear out, remove and properly replace the same at
any time prior to final acceptance upon the discovery of said defective work or materials
provided, however, that the Engineer shall, upon request of the Contractor inspect and accept
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or reject any material furnished, and in event the material has been once accepted by the
Engineer, such acceptance shall be binding on the Town, unless it can be clearly shown that
such materials furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for reexamination by the Engineer,
prior to final acceptance, and if found not in accordance with the specifications for said work, all
expense of removing, reexamination and replacement shall be borne by the Contractor;
otherwise the expense thus incurred shall be allowed as extra work, and shall be paid for by the
Town. However, where inspection or approval is specifically required by the specifications prior
to performance of certain work, should the Contractor proceed with such work without
requesting prior inspection and approval, he shall bear all expense of taking up, removing and
replacing his work if so directed by the Engineer.
G.5.10. Defects and Their Remedies: It is further agreed that if the work or any part thereof,
or any materials brought on the site of the work for use in the work or selected for the same,
shall be deemed by the Engineer, as unsuitable or not in conformity with the specifications, the
Contractor shall, after receipt of written notice from the Engineer, forthwith remove such
materials and rebuild or otherwise remedy such work so that it shall be in full accordance with
this contract.
G.5.11. Changes and Alterations: The Contractor further agrees that the Town may make
such changes and alterations as the Town may see fit, in the line, grade, form, dimensions,
plans or materials for the work herein contemplated, or any part thereof, either before or after
the beginning of the construction, without affecting the validity of the contract and the
accompanying Performance Bond.
G.5.12. Conformity with Plans: All work shall conform to the lines, grades, cross-sections
and dimensions shown on the plans. Any deviation from the plans, which may be required by
the exigencies of construction will be determined by the Engineer and authorized by him in
writing.
G.5.13. Existing Structures: The location of gas mains, water mains, conduits, sewer, etc. is
unknown, and the Town assumes no responsibility for failure to show them in their exact
locations. It is mutually agreed that such failure will not be considered sufficient basis for
claims for additional compensation for extra work or for increasing the pay quantities in any
manner whatsoever, unless the obstruction encountered is such as to necessitate changes in
the lines or grades, or require the building of special work, provisions for which are not made in
the plans and proposal, in which case the provisions in these specifications for extra work shall
apply.
G.5.14. Coordination of Plans, Specifications. Proposal and Special Provisions: The plans,
these specifications, the proposal, Special Provisions and all supplementary documents are
intended to describe a complete work and are essential parts of the contract. A requirement
occurring in any of them is binding. In case of discrepancies, figured dimensions shall govern
over scaled dimensions; specifications shall govern over plans; Special Provisions shall govern
over both general and standard specifications and plans; and quantities shown on the plans
shall govern over those shown in the proposal. The Contractor shall not take advantage of any
error or omission in the plans and specifications, and the Engineer shall be permitted to make
such corrections or interpretations as may be deemed necessary for the fulfillment of the intent
of the plans and specifications.
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In the event the Contractor discovers an apparent error or discrepancy, he shall immediately
call this to the attention of the Engineer.
G.5.15. Source of Supply of Materials: The materials shall be the best procurable, as
required by the plans, specifications and Special Provisions. The Contractor shall not start
delivery of materials until the Engineer has approved the source of supply. Only materials
conforming to these specifications shall be used in the work, and such materials shall be used
only after written approval has been given by the Engineer, and only so long as the quality of
said materials remains equal to the requirements of the specifications. After approval, any
material which has become mixed with or coated with dirt or any other foreign substances
during its delivery and handling will not be permitted to be used in the work.
G.5.16. Samples and Tests of Materials: Where, in the opinion of the Engineer, or as called
for in the specifications, tests of materials are necessary, such tests will be made at the
expense of the Contractor unless otherwise provided. Tests, unless otherwise specified, will be
made in accordance with the latest methods of the American Society for Testing Materials. The
Contractor shall provide such facilities as the Engineer may require for collecting and
forwarding samples and shall not use the materials represented by the samples until tests have
been made. The Contractor shall furnish adequate samples without charge.
G.5.17. Storage of Materials: Materials shall be stored so as to insure the preservation of
their quality and fitness for the work. When directed by the Engineer, they shall be placed on
wooden platforms or other hard, clean surfaces, and not on the ground, and shall be placed
under cover when directed. Stored materials shall be placed and located so as to facilitate
prompt inspection.
G.5.18. Inspection: The Contractor shall furnish the Engineer with every reasonable facility
for ascertaining whether or not the work performed was in accordance with the requirements
and intent of the plans and specifications. Any work done (except excavation) or materials
used without suitable supervision or inspection by the Engineer may be ordered removed and
replaced at the Contractor's expense.
G.5.19. Removal of Defective and Unauthorized Work: All work which has been rejected or
condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and
replaced at the Contractor's expense. Defective materials shall be immediately removed from
the site of the work. Work done without line and grade having been given, work done out of the
lines or not in conformity with the grades shown on the plans or as given, save as herein
provided, work done without proper inspection, or any extra or unclassified work done without
written authority and prior agreement in writing as to prices shall be done at the Contractor's
expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so
directed, rejected, unauthorized or condemned work or materials immediately after receiving
notice from the Engineer, the Engineer will, after giving notice to the Contractor, have the
authority to cause defective work to be remedied or removed and replaced, or to cause
unauthorized work to be removed and to deduct the cost thereof from any moneys due or to
become due the Contractor.
G.5.20. Final Inspection: The Engineer will make final inspection of all work included in the
contract as practicable after the work is completed and ready for acceptance. If the work is not
acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the
particular defects before final acceptance will be made.
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Section G.6. - Legal Relations and Public Responsibility
G.6.05. Arbitration: All questions of dispute under this Agreement shall be submitted to the
Town Council at the request of either party and the decision of the Town Council shall be final
and unappealable.
G.6.1. Law and Ordinance: The Contractor shall at all times observe and comply with all
Federal, State and local laws, ordinances and regulations, which in any manner effect the
contract or the work, and shall indemnify and save harmless the Town against any claim arising
from the violation of any such laws and ordinances, and are called for by the provisions of the
contract documents. If the Contractor observes that the plans and specifications are in
variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor
performs any work knowing it to be contrary to such laws, ordinances, rules and regulations,
and without such notice to the Engineer, he shall bear all costs arising therefrom.
In the case of a body politic and corporate, the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which
the Town may enter into contract, shall be controlling, and shall be considered as part of this
contract to the same effect as through embodied therein.
G.6.2. Permits and Licenses: The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary and incident to the due and lawful prosecution
of the work.
G.6.3. Protection against Royalties or Patented - Invention: The Contractor shall pay all
royalties and license fees, and shall provide for the use of any design, device, materials or
process covered by letter patent or copyright by suitable legal agreement with the patentee or
owner. The Contractor shall defend all suits or claims for infringement of any patent or
copyright rights and shall indemnify and save the Town harmless from any loss on account
thereof, except that the Town shall defend all such suits and claims and shall be responsible for
all such loss when a particular design, device, material or process or the product of the
particular manufacturer or manufacturers is specified or required by the Town; provided
however, if choice or alternate design, device, material or process is allowed to the Contractor,
the Contractor shall indemnify and save Town harmless from any loss on account thereof. If
the materials or process specified or required by the Town is an infringement, the Contractor
shall be responsible for such loss unless he promptly gives information to the Town.
G.6.4. Public Convenience and Safety: Materials stored about a work shall be placed so,
and the work shall at all times be so conducted, as to cause no greater obstruction to the
traveling public than is considered necessary by the Engineer. The Contractor shall make
provisions by bridges or otherwise at all cross streets, highways, sidewalks, and private
driveways for the free passage of pedestrians and vehicles, provided where bridging is
impracticable or unnecessary in the opinion of the Engineer, the Contractor may make
arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own
expense, provide all material and perform all work necessary for the construction and
maintenance of roadways and bridges for the diversion of traffic. Sidewalks are not to be
obstructed except by special permission of the Engineer.
The materials excavated, all the construction materials or plans used in the construction of the
work, shall be placed so as not to endanger the work or prevent free access to all fire hydrants,
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water valves, gas valves, manholes for telephone, telegraph, signal, or electric conduits,
sanitary sewer or storm drain.
The Town reserves the right to remedy any neglect on the part of the Contractor as regards to
public convenience and safety which may come to its attention, after twenty-four hours notice in
writing to the Contractor, save in cases of emergency, when it shall have the right to remedy
any neglect without notice; in either case, the cost of such work done by the Town shall be
deducted from moneys due the Contractor. The Contractor shall notify the Town of Westlake
when any street is closed or obstructed and when directed by the Engineer shall keep any
street or streets in condition for unobstructed use by fire apparatus. The Contractor will be
required to give the Police Department a 24-hour notice of intent to cut any street in the project.
This notice may be given by telephone. A separate notice must be given wherever any
additional street in the contract is to be cut. Where the Contractor is required to construct
temporary bridges or make other arrangements for crossings over ditches or streams, his
responsibility for accidents shall include the roadway approaches as well as the structures of
such crossings.
G.6.5. Privileges of Contractor in Streets, Alleys and Rights -of Way: For the performance
of the contract, the Contractor will be permitted to occupy such portions of streets or alleys or
other public places or other rights-of-way as provided for in the ordinances of the Town, as
shown on the plans, or as permitted by the Engineer. A reasonable amount of tools, materials,
and equipment for construction purposes may be stored in such space, but not more than is
necessary to avoid delays in the construction. Excavated and waste materials shall be piled or
stacked in such a way as not to interfere with spaces that may be designated to be left free and
unobstructed so as not to inconvenience occupants of adjoining property. Other Contractors of
the Town may, for all purposes required by the contract, enter upon the work and premises
used by the Contractors and the Contractor shall give to other Contractors of the Town all
reasonable facilities and assistance for the completion of adjoining work. Any additional
grounds desired by the Contractor for his use shall be provided by him at his own cost and
expense.
G.6.6. Railway Crossings: Where the work encroaches upon any right-of-way of any
railway, the Town will secure the necessary license easement for the work. Where railway
tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the
railway company as to methods of doing work, or precautions for the safety of property and the
public. All negotiations with the railway company, except for the right-of-way, shall be made by
the Contractor. The railway company shall be notified by the Contractor not less than five days
previous to the time of his intention to begin work. The Contractor will not be paid direct
compensation for such railway crossings, but shall receive only the compensation set out in the
proposal.
G.6.7. Barricades, Lights and Watchmen: Where the work is carried on, in or adjacent to
any street, alley or public place, the Contractor shall at his own expense furnish and erect such
barricades, fences, lights and danger signals; shall provide such watchmen, and shall take such
other precautionary measures for the protection of persons or property and of the work as are
necessary. All traffic signage and barricading in the construction zone shall be in accordance
with the Texas Manual on Uniform Traffic Control Devices, latest edition.
The Contractor shall be held responsible for all damage to the work due to the failure of
barricades, signs, lights and watchmen to protect it, and whenever evidence is found of such
damage, the Engineer may order the damaged portion immediately removed and replaced by
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the Contractor at his cost and expense. The Contractor's responsibility for the maintenance of
barricades, signs, and lights shall not cease until the project shall have been accepted by the
Town.
G.6.8. Use of Explosives: No explosives shall be used on the project without the written
consent of the Engineer.
G.6.9. Protection and Restoration of Property: Where the work passes over or through
private property, the Town will provide such rights-of-way. The Contractor shall notify the
proper representatives of any public utility, corporation, any company or individual not less than
forty-eight hours in advance of any work which might damage or interfere with the operation of
their or his property along or adjacent to the work. The Contractor shall be responsible for all
damage or injury to any property of any character (except such as may be due to the provisions
of the contract documents, or caused by agents or employees of the Town) by reason of any
negligent act or omission on the part of the Contractor, or defective work or materials, or due to
his failure to reasonably or properly prosecute the work, and said responsibility shall not be
released until the work shall have been completed and accepted. When and where any such
damage or injury is done to public or private property on the part of the Contractor, he shall
restore or have restored at his own cost and expense such property to a condition similar or
equal to that existing before such damage was done, by repairing, or otherwise restoring as
may be directed, or he shall make good such damage or injury in a manner acceptable to the
owner or the Engineer. In case of a failure on the part of the Contractor to restore such
property or make good such damage or injury, the Engineer may, upon forty-eight hours written
notice, under ordinary circumstances, without notice when a nuisance or hazardous condition
results, proceed to repair, rebuild or otherwise restore such property as may be determined
necessary, and the cost thereof will be deducted from any moneys due or to become due the
Contractor under his contract.
G.6.10. Responsibility for Damage Claims: The Contractor and his sureties shall indemnify
and save harmless the Town and all its officers, agents, and employees from all suits, actions
or claims of any character, name and description brought for or on account of any injuries or
damages received or sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor, his agents or employees, in the execution of said
contract; or on account of the failure of the Contractor to provide necessary barricades, warning
lights or signs; and will be required to pay any judgment, with costs, which may be obtained
against the Town growing out of such injury or damage.
G.6.11. Contractor's Claim for Damage: Should the Contractor claim compensation for any
alleged damage by reason of the acts or omissions of the Town, he shall, within three days
after sustaining such damage, make a written statement to the Engineer, setting out in detail
the nature of the alleged damage, and on or before the 25th day of the month succeeding that
in which any such damage is claimed to have been sustained, the Contractor shall file with the
Engineer an itemized statement of the details and amount of such alleged damaged, and upon
request, shall give the Engineer access to all books of accounts, receipts, vouchers, bills of
lading, and other books or papers containing any evidence as to the amount of such alleged
damage. Unless such statement shall be filed as herein above required, the Contractor's claim
for compensation shall be waived and he shall not be required to payment on account of such
damage.
G.6.12. Public Utilities and other Property to be Changed: In case it is necessary to change
or move the property of any owner or of a public utility, such property shall not be moved or
interfered with until ordered to do so by the Engineer. The right is reserved to the owner of
public utilities to enter upon the limits of the contract for the purpose of making such changes or
repairs of their property as may be necessary for performance of the contract. The Town
reserves the right of entering upon the limits of the contract for the purpose of repairing or re-
laying sewer and water lines and appurtenances, repairing structures, etc., and for making
other repairs, changes or extension to any Town property.
G.6.13. Temporary Sewer and Drain Connections: When existing sewers have to be taken
up or removed, the Contractor shall, at his own cost and expense, provide and maintain
temporary outlets and connections for private and public drains and sewer. The Contractor
shall also take care of all sewage and drainage which will be received from these drains and
sewers; and for this purpose he shall provide and maintain, at his own expense, adequate
pumping facilities and temporary outlets or diversions. The Contractor, at his own expense,
shall construct such troughs, pipes or other structures necessary, and be prepared at all times
to dispose of drainage and sewage received from these temporary connections until such time
as the permanent connections are built and in service. The existing sewers and connections
shall be kept in service and maintained under the contract, except where specified or ordered to
be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory
manner so that no nuisance is created, and so that the work under construction will be
adequately protected.
G.6.14. Arrangement and Charge for Water Furnished by the Town: Where the Contractor
desires to use Town water in connection with any construction work, he shall make complete
and satisfactory arrangements with the Town Engineer before so doing. Where meters are
used, the charge for water will be as prescribed by ordinance; or, where no ordinance applies,
payment shall be made on estimates made by the Town Engineer.
G.6.15. Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe
or hose to, or connect anything with any fire hydrant, stop valve, or stop cock, or tap any water
main belonging to the Town, unless duly authorized to do so by the Town Engineer.
G.6.16. Use of a Section or Portion of the Work: Wherever in the opinion of the Engineer
any section or portion of the work or any structure is in suitable condition, it may be put into use
upon the written order of the Engineer, and such usage shall not be held to be in any way an
acceptance of said work or structure or any part thereof or as a waiver of any of the provisions
of these specifications or the contract pending final completion and acceptance of the work. All
necessary repairs and removals of any section of the work so put into use, due to defective
materials or workmanship or to operations of the Contractor shall be performed by the
Contractor at his own cost and expense.
G.6.17. Contractor's Responsibility for the Work: Until written acceptance by the Engineer,
as provided for in these specifications, the work shall be under the charge and care of the
Contractor and he shall take every precaution to prevent injury or damage to the work or any
part thereof by action of the elements or from any other cause whatsoever, whether arising
from the execution or non -execution of the work. The Contractor shall rebuild, restore and
make good at his own cost and expense, all injuries or damages to any part of the work
occasioned by any of the herein above causes.
G.6.18. Contractor's Insurance: The Contractor at his own expense shall purchase, maintain
and keep in force during the life of this contract, adequate insurance that will protect the
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Contractor and/or any Additional Insured from claims which may arise out of or result from
operations under this contact.
The insurance required shall provide adequate protections from all claims, whether such
operations be by the Contractor or by any Additional Insured or by any Subcontractor or by
anyone directly or indirectly employed by any of them, or by anyone whose acts of any of them
may be liable and from any special hazards, such as blasting, which may be encountered in the
performance of this contract in the amounts as shown below in sub -paragraph (A). The
Contractor shall provide the following:
(A) Insurance and Amount: The Contractor shall furnish and maintain during the life of
the Contract adequate Worker's Compensation and Commercial General Liability
(Public) Insurance in such amounts as follows:
Worker's Compensation as required by law
Commercial General $500,000 Each Accident
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products & Completed
Operations Aggregate
The Commercial General Liability (Public) insurance policy shall include an
endorsement CG 2503 "Amendment Aggregate Limit of Insurance per Project." The
endorsement shall preserve the entire aggregate required in the Commercial
General Liability (Public) insurance policy for the exclusive use in this contract. A
copy of this endorsement must be submitted with the contract documents. The
Commercial General Liability (Public) insurance policy shall be on an "Occurrence"
basis. The Contractor shall be required to have additional insurance for all work
performed within railroad R.O.W. as required by the owner of such R.O.W. and said
insurance shall be in addition to the insurance amount required in sub -paragraph
(A).
(B) Additional Insured: The Town of Westlake shall be an additional insured on the
Commercial General Liability (Public) Insurance Policy furnished by the Contractor.
(C) Written Notification: Each insurance policy shall contain a provision requiring that
thirty (30) days prior to expiration, cancellation, non -renewal or any material change
in coverage, a notice thereof shall be given by certified mail to the Town Secretary.
(D) Premiums and Assessments: Companies issuing the insurance policies shall have
no recourse against the Town for payment of any premiums or assessments for any
deductibles which are at the sole responsibility and risk of the Contractor.
(E) Certificate of Insurance: The Contractor shall furnish the Town with four (4) valid
Certificate of Insurance Forms.
(F) Workers' Compensation: The Contractor shall furnish the Town with four (4) valid
copies of the Contractor's Certification of Workers' Compensation form to verify that
the Contractor has provided workers' compensation insurance for all employees of
the Contractor in accordance with Texas state laws.
[OINK
(G) Insurance Policy: The Contractor shall furnish the Town with two (2) certified copies
of the insurance policies (not a certificate) to verify coverages afforded under the
policies within 40 calendar days from the date of the issuance of the Certificate of
Insurance Form.
(H) Primary Coverage: The coverages provided herein shall be primary and
noncontributory with any other insurance maintained by the Town of Westlake,
Texas, for its benefit, including self insurance.
In the event any insurance policy shown on the Certificate of Insurance has an
expiration date that is prior to the completion and final acceptance of the project by
the Town of Westlake, the Contractor shall furnish the Town proof of identical
coverage no later than thirty (30) days prior to the expiration date shown on the
Certificate of Insurance.
The Contractor shall not commence work on any Contract in the Town of Westlake
until the Contractor has obtained all the insurance required under this paragraph and
such insurance has been approved by the Town.
G.6.19. Workers' Compensation Insurance Coverage:
(A) Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84) showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project for the duration of the project.
Duration of the project - Includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the Town.
Persons providing services on the project ("subcontractor" in §406.096) - Includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
(B) The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the contractor providing services on the project, for the duration of the project.
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(C) The contractor must provide a certificate of coverage to the Town prior to being
awarded the contract.
(D) If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the Town showing that
coverage has been extended.
(E) The contractor shall obtain from each person providing services on a project, and
provide to the Town:
(1) A certificate of coverage, prior to that person beginning work on the project, so
the Town will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(2) No later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
(F) The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
(G) The contractor shall notify the Town in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project.
(H) The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
(1) The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) Provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its
employees providing services on the project, for the duration of the project;
(2) Provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project;
(3) Provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
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(4) Obtain from each other person with whom it contracts, and provide to the
contractor:
(a) A certificate of coverage, prior to the other person beginning work on the
project; and
(b) A new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the Town in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the
project; and
(7) Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
(J) By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the Town that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self-insured, with the commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
(K) The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the Town to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of
breach from the Town.
Section G.7. - Prosecution and Progress
G.7.1. Assignment and Subletting: The Contractor further agrees that he will retain
personal control and will give his personal attention to the fulfillment of this contract and that he
will not assign by Power of Attorney, or otherwise, or sublet said contract, without the written
consent of the Town, and that no part of the work will be sublet to anyone objectionable to the
Town Engineer.
G.7.2. Prosecution of the Work: The Contractor shall begin the work to be performed
under this contract within the time limit stated in these specifications, and shall conduct the
work in such a manner and with sufficient equipment, materials, and labor as is necessary to
insure its completion within the time limit.
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The sequence of all construction operations shall be at all times as directed by or approved by
the Engineer. Such direction or approval by the Engineer shall not relieve the Contractor from
the full responsibility of the complete performance of the contract. Should the prosecution of
the work be discontinued by the Contractor, he shall notify the Engineer at least twenty-four
hours in advance of resuming operation.
GJA Limitation of Operations: The work shall be so conducted as to create a minimum
amount of inconvenience to the public.
At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or
is carrying on operations on a greater portion of the street or public way than is necessary for
the proper execution of the work, the Engineer may require the Contractor to finish the sections
on which work is in progress before operations are started on any additional section.
GJA Time and Order of Completion: It is the meaning and intent of this contract, unless
otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his
work at such time and seasons, in such order of precedence, and in such a manner as shall be
most conducive to economy of construction; provided, however, that the order and the time of
prosecution shall be such that the work shall be substantially completed as a whole and in part,
in accordance with this contract, the plans and specifications, and within the time of completion
designated in the proposal; provided, also, that when the Town is having other work done,
either by contract or by its own force, the Engineer may direct the timing of the contract, so that
conflict will be avoided and the construction of the various works being done for the Town shall
be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Engineer, a
schedule which shall show the order in which the Contractor will start the several parts of the
work, and estimated dates of completion of the several parts.
G.7.5. Extension of Time: Should the Contractor be delayed in the completion of the work
by any act or neglect of the Town or Engineer, or any employee of either, or by other
Contractor's employed by the Town, or by changes ordered in the work, or by strikes, lockouts,
fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the
Contractor's control or by any cause which the Engineer shall decide justifies delay, then an
extension of the time shall be allowed for completing the work, sufficient to compensate for the
delay, the amount of the extension to be determined by the Engineer, provided, however that
the Contractor shall give the Engineer prompt notice in writing of the cause of such delay.
G.7.6. Hindrances and Delays: No claims shall be made by the Contractor for damages
resulting from hindrances or delays from any cause (except where the work is stopped by order
of the Town) during the progress of any portion of the work embraced in this contract. In case
said work shall be stopped by an act of the Town, then such expense as in the judgment of the
Engineer, caused by such stoppage of said work shall be paid for by the Town to the
Contractor.
Once the work order is transmitted to the Contractor, the Contractor shall devote both
manpower and equipment to the project on a continuous basis each and every workday in
sufficient quantity to bring the project to completion without delay. The Town Engineer shall be
the sole judge, with appeal only to the Town Council, of whether the Contractor has devoted
both manpower and equipment to the project on a continuous basis to bring the project to
completion. If the Engineer or his designee should determine the Contractor has failed to
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diligently prosecute the project and the Town Council does not reverse the decision of the
Engineer or his designee, the Town Engineer may have the remaining work performed by
another contractor and deduct whatever is paid to the substitute contractor from the
Contractor's contract.
Failure to comply with the contractual provisions of a Town of Westlake construction contract or
failure to diligently pursue a project to completion shall be a basis for the Town Council rejecting
a future bid from said Contractor.
G.7.7. Failure to Complete on Time: The time of completion of the contract is of the
essence.
For each working day that any work shall remain uncompleted after the time specified in the
proposal and contract, plus any authorized time extension granted in writing by the Town of
Westlake, or as automatically increased by additional work or materials ordered after the
contract is signed, the sum of $100.00 per day, unless otherwise specified in the special
provisions, will be deducted from the moneys due the Contractor, not as a penalty but as
liquidated damages.
The sum of money thus deducted for such delay, failure or noncompletion is not to be
considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated
damages, since it would be impracticable and extremely difficult to fix the actual damages.
The Contractor shall also indemnify and hold the Town harmless including paying court costs
and defense fees from any property damage claims resulting from restriction of access caused
by the Contractor's negligent performance or undue delay.
G.7.8. Suspension by Court Order: The Contractor shall suspend such part or parts of the
work ordered by the court, and will not be entitled to additional compensation by virtue of such
court order. Neither will he be liable to the Town in the event the work is suspended by court
order.
G.7.9. Temporary Suspensions: The Engineer shall have the authority to suspend the work
wholly or in part for such period or periods as he may deem necessary due to unsuitable
weather conditions as are considered unfavorable for the suitable prosecution of the work. If it
should become necessary to stop the work for an indefinite period, the Contractor shall store all
materials in such a manner that they will not obstruct or impede the public unnecessarily nor
become damaged in any way and he shall take every precaution to prevent damage or
deterioration.
G.7.10. Abandonment by Contractor: In case the Contractor should abandon and fail or
refuse to resume work within ten (10) days after written notification from the Town or the
Engineer, when such orders are consistent with the Contract Document, then, and in that case,
where a performance bond exists, the Surety on the bond shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any
materials, equipment, tools, or supplies then on the job, but the same, together with any
materials and equipment under contract for the work may be held for use on the work by the
Town of Westlake, the Surety on the construction bond, or another contractor in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used
G-23
in connection with Extra Work where credit shall be allowed as provided for under Article G.4.5.,
Extra Work), it being understood that the use of such equipment and materials will ultimately
reduce the cost to complete the work and be reflected in the final settlement.
G.7.11. Termination of Contract: The contract will be considered fulfilled, save as provided
in any maintenance stipulations, bond, or by law, when all the work has been completed, the
final inspection made by the Engineer, and final acceptance and final payment made by the
Town.
Section G.B. - Measurement and Payment
G.8.1. Quantities and Measurement: No extra or customary measurements of any kind will
be allowed, but the actual measured and/or computed length, area, solid contents number and
weight only shall be considered, unless otherwise specifically provided.
G.8.2. Estimated Quantities: This agreement, including the specifications, plans, and
estimates, is intended to show clearly all work to be done and material to be furnished
hereunder. Where the estimated quantities are shown for the various classes of work to be
done and material to be furnished under this contract, they are approximate and are to be used
only as a basis for estimating the probable cost of the work and for comparing the proposals
offered for the work. It is understood and agreed that the actual amount of work to be done and
materials to be furnished under this contract may differ somewhat from these estimates, and
that where the basis for payment under this contract is the unit price method, payment shall be
for the actual amount of such work done and the material furnished. Where payment is based
on the unit price method, the Contractor agrees that he will make no claim for damages,
anticipated profits or otherwise on account of any differences which may be found between the
quantities of work actually done, the material actually furnished under this contract and the
estimated quantities contemplated and contained in the proposal; provided, however, that in the
case the actual quantity of any major item should become as much as 25% less than the
estimated or contemplated quantity for such items, then either party to this Agreement, upon
demand, shall be entitled to a revised consideration upon the portion of the work above or
below 25% of the estimated quantity.
A "Major Item" shall be construed to be an individual bid item incurred in the proposal that has a
total cost equal to or greater then five (5) percent of the total contract cost, computed on the
basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement, between the parties otherwise by
the terms of this Agreement, as provided under "Extra Work" Article G.4.5.
G.8.3. Partial Payment: On or before the 1St day of each month the Contractor shall submit
a Pay Request showing as completely as practicable the total value to the work done by the
Contractor up to and including the 25th day of the preceding month; said Pay Request shall
also include the value of all sound materials delivered on the site of the work that are to be
fabricated into the work, providing the Contractor can produce a paid receipt for the materials.
The Town shall then pay the Contractor on or before the 30th day of the current month the total
amount of the Pay Request, less five percent (5%) of the amount thereof for contracts with a
total contract price of four hundred thousand ($400,000.00) dollars or more, less ten percent
(10%) for contracts with a total contract price of less than four hundred thousand ($400,000.00)
G-24
dollars but greater than or equal to ten thousand ($10,000.00) dollars, and in contracts for less
than ten thousand ($10,000.00) dollars the retainage shall be fifteen percent (15%), which five
percent (5%), ten percent (10%) or fifteen percent (15%) shall be retained until final payment,
and further less all previous payments and all further sums that may be retained by the Town
under the terms of this Agreement.
It is understood, however, that in case the whole work be near to completion and some
unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor,
the Town may, upon written recommendation of the Engineer, pay a reasonable and equitable
portion of the retained percentage to the Contractor; or the Contractor at the Town's option,
may be relieved of the obligation for fully completing the work, and thereupon, the Contractor
shall receive payment of the balance due him under the work contract subject only to the
conditions stated under "Final Payment."
G.8.4. Final Completion and Acceptance: Within five (5) days after the Contractor has
given the Engineer written notice that the work has been completed, or substantially completed,
the Engineer and the Town shall inspect the work and within said time, if the work be found to
be completed or substantially completed in accordance with the Contract Documents, the
Engineer shall issue to the Town and the Contractor his Certificate of Completion, and
thereupon it shall be the duty of the Town within ten (10) days to issue a Certificate of
Acceptance of the work to the Contractor.
G.8.5. Final Payment: Upon the issuance of the Certification of Completion, the Engineer,
shall proceed to make final measurements and prepare final statement of the value of all work
performed and materials furnished under the terms of the Agreement and shall certify same to
the Town, who shall pay to the Contractor within thirty (30) days after the date of the Certificate
of Completion, the balance due the Contractor under the terms of this Agreement, provided he
has fully performed contractual obligations under the terms of this contract; and said payment
shall become due in any event upon said performance by the Contractor. Neither the
Certificate of Acceptance nor the final payment, nor any provisions in the Contract Documents,
shall relieve the Contractor of the obligation for the fulfillment of any warranty, which may be
required in the Special Conditions of the specifications.
G.8.6. Payments Withheld: The Town may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certificate to such extent as may be
necessary to protect himself from loss on account of:
(a) Defective work not remedied
(b) Claims filed or reasonable evidence
indicating probable filing of claims
(c) Failure of the Contractor to make
payments properly to subcontractors or.
for material or labor
(d) Damage to another contractor
When the above grounds are removed or the Contractor provides a Surety Bond satisfactorily
to the Town, which will protect the Town in the amount withheld, payment shall be made for
amount withheld because of them.
G.8.7. Delayed Payments: Should the Town fail to make payment to the Contractor of the
sum named in any partial or final statement when payment is due, or should the Engineer fail to
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issue any statement on or before the date above provided, then the Town shall pay to the
Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate
of six percent (6%) per annum, unless otherwise specified, from date due until fully paid, which
shall fully liquidate any injury to the Contractor growing out of such delay in payment not
promptly made, as provided under "Partial Payment," and any time thereafter treat the contract
as abandoned by the Town and recover compensation, unless such payments were withheld in
accordance with the provisions of "Payments Withheld."
G.8.8. Time Filing Claims: It is further agreed by both parties hereto that all questions of
dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer
within thirty (30) days after the Engineer has given any directions, orders or instructions to
which the Contractor so desires to take exception. The Engineer shall reply to such written
exceptions by the Contractor and render his final decision in writing. It is further agreed that
final acceptance of the work by the Town and the acceptance by the Contractor of the final
payment shall be a bar of any claims by either party, except, where noted otherwise in the
Contract Documents.
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SECTION 01000
GENERAL NOTES
1. Contractor shall refer to the plan set for additional general notes
2. All underground utility locations as shown on the plans are approximate. The contractor
shall be responsible for determining the exact locations of all underground utilities and
notifying the various utilities before construction. The determination of the locations of
the utilities shall not be considered sufficient basis for claims for additional
compensation for extra work or for increasing the pay quantities in any manner
whatsoever.
3. The Contractor shall preserve all existing pavement, shoulders, driveways and
sidewalks. The removal and replacement of the said items shall only be deemed
necessary in order to complete the project or as directed by the Engineer. Any damage
not deemed necessary for the completion of said project shall be replaced to equal or
better conditions as a non -pay item.
4. Payment, Performance and Maintenance bonds shall be required of the Contractor.
The forms are included with the specifications.
5. A cashier's or certified check or Bid Bond in the amount of 5% of the greatest amount
bid shall be submitted with the bid.
6. The Texas Department of Transportation and the Town shall provide inspection for the
project.
7. The Contractor shall devote both manpower and equipment to the project on a
continuous basis each and every workday in sufficient quantity to bring the project to
completion without delay. If it is determined the contractor has failed to diligently
prosecute the project, the Town may elect to have the remaining work performed by
another contractor and deduct whatever is paid to the substitute contractor from the
Contractor's contract. Such action may be a basis for the Board of Aldermen rejecting a
future bid from said Contractor.
01000-1
END OF SECTION
01000-2
SECTION 01010
SUMMARY OF WORK
PART 1 - GENERAL
1.1 DESCRIPTION
The work to be performed under this contract consists of furnishing all materials, tools,
equipment, labor and incidentals necessary to install illuminated street name signs at
the intersections of SH 114 and Davis Blvd, SH 114 at Westlake Pkwy, and US 377 at
Westport Pkwy.
The Contractor shall provide and maintain access at all times for all business locations
during the construction as a non -pay item.
The Contractor shall review and understand the requirements for solid waste disposal
(Section 01516).
1.2. JOB CONDITIONS
A. PROJECT LIMITS
1. The Contractor shall confine his operations to the limits of the right-of-way and
temporary construction easements furnished by the Town.
2. The Contractor shall use extreme caution when working near adjacent properties
so as to minimize the inconvenience to the public caused by the work herein.
3. Any property corner or right-of-way marker removed or destroyed shall be
replaced at the Contractor's expense.
B. EXPLOSIVES
The use of explosives will not be permitted on this project.
C. PROPERTY PRESERVATION
The Contractor shall be responsible for the preservation and protection of all trees,
shrubs, sprinkler systems, fences, mail boxes, and other property owner
improvements located within the limits of construction. The destruction or damage
of said property owner improvements by the Contractor designated for preservation
shall be replaced or repaired at the Contractor's expense.
D. TRAFFIC CONTROL
The Contractor shall route traffic and barricade all roads as required by the Town of
Westlake. The traffic control shall conform to the "Texas Manual on Uniform Traffic
Control Devices," latest edition, and is subject to the approval of the Town Engineer.
All barricades, signs and traffic control devices required for the project shall be a
non -pay item.
01010-1
1.3. REFERENCE SPECIFICATIONS
A. Town of Westlake — Engineering Standards, latest edition
B. North Central Texas Council of Governments — Standard Specifications for Public
Works Construction, latest edition (NCTCOG Specs.)
C. Texas Department of Transportation — 2004 Standards for Construction of
Highways, Street and Bridges, with supplemental special provisions.
1.4.. MEASUREMENT AND PAYMENT
A. ILLUMINATED STREET NAME SIGNS
Illuminated Street Name Signs shall be measured by each sign installed. The unit
price bid for these items shall be full compensation for furnishing the signs and all
labor, equipment and materials for installing the signs.
Tray Cable shall be measured by the linear foot. The unit price bid for these items
shall be full compensation for all labor, equipment and materials for furnishing and
installing the tray cable of the size and length indicated on the plans.
C. GROUND BOXES
Ground Boxes shall be measured by each ground box installed. The unit price bid
for these items shall be full compensation for furnishing the ground boxes and all
labor, equipment and materials for installing the ground boxes.
Conduit shall be measured by the linear foot (bored or trenched). The unit price bid
for these items shall be full compensation for all labor, equipment and materials for
furnishing and installing the conduit of the size and length indicated on the plans.
END OF SECTION
01010-2
SECTION 0.1320
PROGRESS REPORT
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall prepare a progress report and a schedule bar chart based upon
date of notice to proceed. This chart shall list the major items in sequence of
construction and their estimated times of completion. An updated chart shall be
submitted each month.
1.2. SUBMITTAL
A preliminary schedule chart shall be submitted at or before the Pre -Construction
Conference. The Contractor shall submit an updated progress report and schedule bar
chart each month prior to the scheduled date that the Town processes the Contractor's
monthly estimate for the duration of the contract.
END OF SECTION
01320-1
SECTION 01516
SOLID WASTE DISPOSAL
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall dispose of all refuse at a Texas Department of Health (TDH)
approved landfill.
A list of all landfills having a TDH permit is available at the Arlington Office of TDH. The
North Central Texas Council of Governments (NCTCOG) has prepared a list of all
landfills in the NCTCOG region. Several private regional landfills are available in the
NCTCOG area. The contractor shall determine which method best fits the project
requirements.
Alternately, the Contractor may arrange with Trinity Waste Systems to simply supply a
roll -off bin for disposal purposes.
END OF SECTION
01516-1
SECTION 01562
DUST CONTROL
PART I - GENERAL
1.1. DESCRIPTION
When directed by the Engineer, the Contractor shall sprinkle areas where dusty
conditions create a nuisance or hazard within the limits of this project.
1.2. MEASUREMENT AND PAYMENT
No separate measurement and payment will be made for sprinkling.
END OF SECTION
01562-1
SECTION 01572
FLAGMEN
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall provide and maintain flagmen at such points and for such periods
of time as may be required to provide for the safety and convenience of public traffic
and the Contractor's personnel, and as directed by the Engineer.
1.2. QUALIFICATIONS
Flagmen shall be English speaking, courteous, well informed, physically and mentally
able to effectively perform their duties in safeguarding and directing traffic and
protecting the work and shall be neatly attired and groomed at all times when on duty.
PART 2 - EXECUTION
2.1. PROCEDURE
Flagmen, when directing traffic, shall use the standard signs and signals in accordance
with the "TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR
STREETS AND HIGHWAYS", a publication of the Texas Department of Transportation,
Austin, Texas.
2.2. MEASUREMENT AND PAYMENT
No separate payment will be made for flaggers.
END OF SECTION
01572-1
SECTION 01710
CLEAN-UP
PART 1 - GENERAL
1.1. DESCRIPTION
A. The Contractor shall perform such clean-up work as is deemed necessary by the
Engineer.
B. The work shall at all times present a neat and orderly appearance, and all cleaning
up shall be completed and all construction machinery and equipment, surplus
materials, supplies and debris shall be removed from the street or right-of-way prior
to acceptance of the final work by the Engineer. The Contractor shall be responsible
for final clean-up, which may be necessitated by his operations on the right-of-way
outside the limits of his work.
C. The Contractor shall maintain all drainage structures within the project limits. All
drainage structures shall remain free and clear of debris, mud, etc. during
construction and shall be thoroughly cleaned at the end of said construction. All
disturbed drainage ditches, road side ditches or earthen channels shall be reshaped
or graded to provide the necessary drainage to match original contours. No pay
item is provided for cleaning of drainage structures or restoration of same.
1.2. MEASUREMENT AND PAYMENT
No pay item is provided for clean-up. If, in the opinion of the Engineer, the Contractor is
not providing adequate clean-up, 10% of the total work performed may be withheld, for
the purpose of clean-up. This is to assure the Owner that acceptable clean-up follows as
soon as possible after the installation of said improvements. At the completion of clean-
up, the 10% withheld for said purpose, will be released. The 10% retained for clean-up
is in addition to the normal retainage for all items in the project.
END OF SECTION
01710-1
BOND No. N1X 4537
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That Roadway Solutions,lnc. of the City of
Carrollton , County of Dallas and the State of Texas, as principal and
Merchants National Bonding,inc. authorized under the laws of the State of Texas to act as
surety on bonds for principals, are held and firmly bond unto the Town of Westlake, Texas ,
in the penal sum of Seventy Two Thousand,Six Hundred ninety five -------- Dollars
($72,695.00 ) for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors, and assigns, jointly and severally, by these
presents:
WHEREAS , the Principal has entered into a certain written contract with the Owner,
dated the day of November, 2014, to install illuminated street name signs on SH 114 at
Davis Blvd and Westlake Pkwy and US 377 at Westport Pkwy, which contract is hereby referred
to and made part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform the said Contract and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and performed, and according
to the true intent and meaning of said Contract and the Plans and Specifications hereto
annexed, then this obligation shall be void; otherwise to remain in full force and effect:
"PROVIDED, HOWEVER , that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on
this bond shall be determined in accordance with the provisions of said Chapter to the same
extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder, or the
plans, specifications , or drawings accompanying the same, shall in any way affect its obligation
on this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 6t" day of February 2015
Roadway Soluti.ons-Jnq.
Principal
By
Title Vice Pre6denf
Address. 2524 N.IH35E Carroliton Texas
75006
Merchan ational Bonding,lnc.
Surety
By
Title Attorney -in -Fact
Address. 2100 Fleur Dr.Des Moines IA
50321-1158
The name and address of the Resident Agent of Surety is:
Surety Solutions Agency,inc. --
P n RnY19F7 FriScn TPxaa 75034
001
PAYMENT BOND
BOND No. NIX 4537
STATE OF TEXAS }
COUNTY OF TARRANT }
KNOW ALL MEN BY THESE PRESENTS: That Roadway Solutions, Inc. of the City of
Carrollton, County of Dallas, and the State of Texas, as principal, and Merchants National
Bonding,lnc.
authorized under the laws of the. State of Texas to act as surety on bonds for principals, are
held and firmly bond unto the Town of Westlake, Texas (Owner) , in the penal sum of
Seventy Two Thousand,six hundred ninety five ------------------------------------------ Dollars
($ 72,695.00 ) for the payment whereof, the said Principal and Surety bind themselves , and
their heirs, administrators , executors, successors , and assigns, jointly and severally , by these
presents:
WHEREAS , the Principal has entered into a certain written contract with the Owner,
dated the _ day of November, 2014, to install illuminated street name signs on SH 114 at
Davis Blvd and Westlake Pkwy and US 377 at Westport Pkwy, which contract is hereby referred
to and made part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in
the prosecution of the work provided for in said contract, then, this obligation shall be void;
otherwise to remain in full force and effect:
"PROVIDED, HOWEVER , that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on
this bond shall be determined in accordance with the provisions of said Chapter to the same
extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change , extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder, or the
plans, specifications , or drawings accompanying the same, shall in any way affect its obligation
on this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder .
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this6`h day of February 2015
Roadway Solutions,inc.
Principal
By
Title Vice - Presiders -
Address. 2524 N.IH 35 E.
Carrolltonjexas 75006
INThe name and address of the Resident Agent of Surety is:
21
Mrcha National Bonding,lnc.
Suret
By
Title Attorney -in -Fact
Address. 2100 Fleur Dr.,Des Moines,IA
50321-115$ ._...�—o–..�— _..........__�
THE STATE OF TE;
COUNTY OF TARRANT
RM tib: NIX 4537
ALL MEN BY THESE PRESENTS:
THAT rcaaww -cb uti.cr1s,Inc, as Principal, and
til? Inc (surety company), a corporation
organized under the laws of the State of lana. , as Sureties,
do hereby expressly acknowledge themselves to be held and bound to pay unto the Town of
Westlake, a municipal corporation, chartered by virtue of a special act of the Legislature of the
State of Texas, at Westlake, Tarrant County, Texas, the sum C922t„�,-7�n,��Iars
($-2,695-00 ), for the payment of which sum will truly be made unto said Town of Westlake,
and its successors, and said principal and sureties do hereby bind themselves, their assigns
and successors jointly and severally.
14
THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said
has this day entered into a written contract with the said
Town of Westlake to install illuminated street name signs on SH 114 at Davis Blvd and
Westlake Pkwy and US 377 at Westport Pkwy, which contract and the plans and specifications
therein mentioned, adopted by the Town of Westlake are hereby expressly made a part thereof
as though the same were written embodied herein.
WHEREAS, under the plans, specifications, and contract, it is provided that the
contractor will maintain and keep in good repair, the work herein contracted to be done and
performed, for a period of two (2) years from the date of the acceptance of said work, and to do
all necessary repairing and/or reconstructing in whole or in part of said improvements that
should be occasioned by settlement of foundation, defective workmanship or materials
furnished in the construction or any part thereof or any of the accessories thereto constructed by
the contractor. It being understood that the purpose of this section is to cover all defective
conditions arising by reason of defective material and charge the same against the said
contractor and sureties on this obligation, and the said contractor and sureties hereon shall be
subject to the liquidated damages mentioned in said contract for each day's failure on its' part to
comply with the terms of said provisions of said contract.
NOW, THEREFORE, if the said contractor shall keep and perform its' said agreement to
maintain said work and keep the same in repair for the said maintenance period of two (2)
years, as provided, then these presents shall be null and void, and have not further effect, but if
default shall be made by said contractor in the performance of its' contract to so maintain and
repair said work, then these presents shall have full force and effect, and said Town of Westlake
shall have and recover from the said contractor and its' principal and sureties damages in the
premises, as provided; and it is further agreed that this obligation shall be a continuing one
against the principal and sureties hereon, and that successive recoveries may be had hereon
for successive breaches until the full amount shall have been exhausted; and it is further
understood that the obligation herein to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished or in any manner affected
If from any cause during said time_
Principal: Pcaaw sDjutjcrr,,TM. Surety: M2yj)xts paticral
Name of contractor's company Name 0 surance company
TV
�SidnatVe_ Signature
Marie GaTu ,Vka�si.s�
Name of Representative — Title (print)
Witness:
Signature
9 -EM
Name of Representative Title (print)
Attest:
Sig
Note: Date of Maintenance Bond must not be prior to date of contract.
AA R-?
ERC NTS
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Cheryl L Humphrey; Shane A Humphrey
of Frisco and State of Texas their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of August , 2014 .
STATE OF IOWA
COUNTY OF POLK ss.
C
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1933 �: C-
s'. : �.y:
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By
President
On this 13thday of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
`PRiA419 WENDY WOODY
Commission Number 784654
My Commission Expires
June 20, 2017
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 6th day of February 2015
1014
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1933 -, Secretary
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