HomeMy WebLinkAboutRes 18-27 Approving an agreement with Precision Landscape Management FM 1938 Davis Streetscape Plant Replacement TOWN OF WESTLAKE
RESOLUTION NO. 18-27
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT
WITH PRECISION LANDSCAPE MANAGEMENT TO PROVIDE LANDSCAPING
SERVICE FOR THE PLANT REPLACEMENT FOR DAVIS RD/FM 1938 FROM HWY
114 TO RANDOL MILL ROAD AND AUTHORIZE THE TOWN MANAGER TO
MAKE FUNDING CHANGES VIA CHANGE ORDER NOT TO EXCEED $25,000 ON
THIS PROJECT.
WHEREAS, the Town Council finds the landscape maintenance services will benefit
commuters and citizens and is in the best interest of residential and corporate citizens; and
WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically
pleasing streets to travel; and
WHEREAS, Westlake desires to preserve the attractive landscaping installed as a Town
Capital Project; and
WHEREAS,the Town Council finds that the proposed contract with Precision Landscape
Management to provide Landscaping service for the plant replacement for Davis Rd/FM 1938
From HWY 114 to Randol Mill Road 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
the contract with Precision Landscape Management to provide Landscaping service for the plant
replacement for Davis Rd/FM 1938 From HWY 114 to Randol Mill Road and authorizes the Town
Manager to make funding changes via change order not to exceed$25,000 on this project,attached
hereto as Exhibit A; and further authorizes the Town Manager to execute said contract on behalf
of the Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 18-27
Page 1 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 27th DAY OF AUGUST 2018.
ATTEST:
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Laura L. Wheat, Mayor
FOJULOCUCir' et i - (/7)i';
Kel Edw ds, Town Secretary Thomas E. Brymer, • Manager
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Resolution 18-27
Page 2 of 2
TOWN OF WESTLAKE/WESTLAKE ACADEMY
2600 J T OTTINGER Road
Westlake, Texas 76262
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PLANT REPLACEMENT ON FM 1938/DAVIS BLVD FROM
RANDOL MILL AVE TO HWY 114 FOR
TOWN OF WESTLAKE
ISSUE FOR BIDDING
August 9th, 2018
Town of Westlake
1500 Solana Blvd., Bldg. 7, Suite 7200
Westlake, TX 76262
Fax: 817-430-1812
Contact: Troy J. Meyer— Facilities Director
tmeyer@westlake-tx.org
WA Outdoor Space 2017
Res 18-27
PLANT REPLACEMENT ON FM 1938/DAVIS BLVD FROM
RANDOL MILL AVE TO HWY 114 FOR THE
TOWN OF WESTLAKE
AUGUST 9, 2018
TOWN OF WESTLAKE
MAYOR
Laura Wheat
Town Council
CAROL LANGDON — MAYOR PRO TEM
ALESA BELVEDERE RICK RENNHACK
MICHAEL BARRETT WAYNE STOLTENBERG
TOWN MANAGER
Tom E. Brymer
Town of Westlake
1500 Solana Blvd., Bldg. 7, Suite 7200
Westlake, TX 76262
Phone 817-430-0941
Fax 817-430-1812
FM 1938/DAVIS IMPROVEMENTS 2018 Page 2
Res 18-27
NOTICE TO BIDDERS
Sealed proposals addressed to the Town of Westlake for the:
PLANT REPLACEMENT ON FM 1938/DAVIS BLVD FROM
RANDOL MILL AVE TO HWY 114
ALL COMPLETE BID PACKAGES MUST BE DELIVERED AND RECEIVED BY
NO LATER THAN 10:00 A.M. (C.S.T.) ON THE 20 DAY OF AUGUST 2018 OR THEY WILL BE
DEEMED AUTOMATICALLY REJECTED.
Each bidder shall identify his sealed Proposal by typing on the outside of the envelope
TOWN OF WESTLAKE
ATTN: Troy J. Meyer- Facilities Director
1500 Solana Blvd., Building 7, Suite 7200, Westlake, Texas 76262
All responses and requests for clarification/information shall be addressed in writing to the Town
Director Facilities at the above address.
Or email: tmeyer@westlake-tx.org
A pre-bid conference will be held at 1:30 p.m. Monday, August 13, 2018 in the Town Hall, 1500
Salona Blvd., Bldg. 7, Suite 7200, and Westlake, Texas 76262. All prospective bidders are
required to have a repersentive from your firm attend this pre-bid conference.
The Bid Opening will be held on Monday, 20 August at 10:00 A.M. in the Town Hall at 1500
Salona Blvd., Bldg. 7, Suite 7200, Westlake, Texas 76262.
Specifications will be furnished to any general contractor desiring to submit a bid for this project,
and will be available on Thursday, August 9 through Thursday, August 16 from 9 am to p.m.
Monday- Friday in person at the Town Hall, 1500 Salona Blvd., Bldg. 7, Suite 7200, Westlake,
Texas 76262.
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/MBE/WBE business enterprises.
FM 1938/DAVIS IMPROVEMENTS 2018 Page 3
Res 18-27
INSTRUCTIONS TO BIDDERS
1. WORK TO BE DONE
The work to be done as covered by these contracts and specifications consists of the furnishing
of all labor, materials, equipment, and incidentals for the plant replacement project for Davis
Rd/FM 1938 from HWY 114 to Randol Mill Rd.This includes center median&East side South
of Dove & West side North of Dove. The project also includes the removal of approximately
8 Texas sage and 6 holly bush, compost where needed and staking of trees.
Timetable
Town Council approved bid on August 27,2018
Contractor begins in September 4, 2018
Project completed by October 1, 2018
2. PREPARATION AND SUBMISSION OF PROPOSAL
In the bid proposal, the bidder shall fill in the blanks for the "Unit Price" and the "Total
Amount."
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.
5. UNBALANCED BIDS
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.
FM 1938/DAVIS IMPROVEMENTS 2018 Page 4
Res 18-27
9. MANUFACTURERS 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.
10. 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.
11. PLANS TO CONTRACTOR
The contractor will be furnished with one (1) set of plans. Should he desire more than
one (1) set, there will be a fee of$20.00 per complete set.
12. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
Attention is called to the fact that a minimum scale of wages is to be paid to employees
engaged in the work under this contract. This 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.
13. TIME ALLOWED FOR CONSTRUCTION
The contractor shall commence work in not more than 5 calendar days after the work
order has been issued and shall be substantially complete within thirty (30) calendar
days of issuance of the work order. Work on the project shall start on September 4,
2018 and must be completed no later than October 1, 2018. Liquidated damages shall
be charged in the amount of $500.00 per day for not completing the work within the
allotted time. The days charged shall begin at the earlier of the date the contractor
proceeds with construction or 5 calendar days after the work order has been issued
by the Town of Westlake. The Contractor shall submit in writing to the Town any
request for additional time due to weather delays. Contractor will meet with the Town
weekly for updates on their progress of the project.
14. SPECIAL INFORMATION - SALES TAX
The owner qualifies as an 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. On unit price contracts, a final change order will be required to make final
adjustment to reflect actual costs for sales tax data.
15. INSURANCE
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:
FM 1938/DAVIS IMPROVEMENTS 2018 Page 5
Res 18-27
Type of Insurance Amount
1. Worker's Compensation As set forth in the Worker's
Compensation Act.
2. Commercial General Each Occurrence $500,000
Liability (Public) 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, 1500 Solana Blvd.,
Building 4, Suite 7200, 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.
Certificate of 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.
16. Contractor's most have a Per-bid bond, proformance bond, payment bond,
maintenance bond and provide certification.
FM 1938/DAVIS IMPROVEMENTS 2018 Page 6
Res 18-27
BIDDERS REQUIREMENTS
(Must be signed by the Contractor)
ATTENTION TO ALL BIDDERS:
The Town of Westlake wishes to thank you in advance for bidding on this project. Please
be aware of the following requirements for bidding Town of Westlake work. It is important that
you read and understand these qualification factors to achieve a rapid and smooth completion of
the process. All pertinent documents required by law and these instructions must be correctly
completed. A successful completion of them, will not only benefit the Town of Westlake, but also
you as the contractor, because among other things, the money reserved for the project will be
ready to be used in your project and prompt scheduled payment may be made without any further
delays. If you are unable to comply with formal requirements or fail to exercise due diligence in
completing the required contract forms, the contract may be awarded to the next lowest bidder
for the reason being time is of the essence in these projects.
BASIC FORMS REQUIRED BY THE TOWN OF WESTLAKE
THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND ITS
INSURANCE COMPANY
1. Proposal (to be completed by the contractor)
2. Experience Record (to be completed by the contractor and must be notarized)
3. Standard Form of Agreement(to be completed by the contractor)
4. Corporate Acknowledgment; or
Single Acknowledgment; or Partnership Acknowledgment
NOTE: Whichever is applicable to the contractor, just one must be completed, and
shall be notarized.
5. Bonds: Pre-bid Bond; Payment Bond; Maintenance Bond and
Performance Bond
6. Power of Attorney or Certificate of Authority of Attorney(s) In-Fact (issued by the surety's
company)
7. Town of Westlake Certificate of Insurance form (to be completed by the insurance
company)
8. Indemnification by the Contractor(to be completed by the contractor)
9. Most complete the Texas Ethics Form 1295 at www.ethics.state.tx.us
FM 1938/DAVIS IMPROVEMENTS 2018 Page 7
Res 18-27
REMINDER:
(a) All signatures must be originals.
(b) Make sure the appropriate forms have been correctly notarized.
FM 1938/DAVIS IMPROVEMENTS 2018 Page 8
Res 18-27
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.
Pt 5(okc l p„�oscaP� `V
Company Name (Contractor)
Signature
Jason Shear
Name (Please Print)
VPGM
Title
FM 1938/DAVIS IMPROVEMENTS 2018 Page 9
Res 18-27
THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN FIVE (5) DAYS
AFTER THE DATE OF WRITTEN NOTICE TO COMMENCE WORK, AND TO SUBSTANTIALLY
COMPLETE THE WORK ON WHICH HE HAS BID WITHIN 60 CALENDAR DAYS
AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT.
ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK
FOR 4% Greatest Amount Bid
($ 5% GAB ) DOLLARS, OR A PROPOSAL BOND IN THE SUM OF (
DOLLARS, WHICH IT IS AGREED SHALL BE COLLECTED AND RETAINED BY THE OWNER
AS LIQUIDATED DAMAGES IN THE EVENT THIS PROPOSAL IS ACCEPTED BY THE OWNER
WITHIN SIXTY (60) DAYS AFTER THE DATE ADVERTISED FOR THE RECEPTION OF BIDS
AND THE UNDERSIGNED FAILS TO EXECUTE THE CONTRACT AND THE REQUIRED BOND
WITH THE OWNER, UNDER THE CONDITIONS HEREOF,WITHIN FIVE(5) DAYS AFTER THE
SAID PROPOSAL IS ACCEPTED BY THE OWNER AND RECEIVED BY THE UNDERSIGNED;
OTHERWISE, SAID CHECK OR BOND SHALL BE RETURNED TO THE UNDERSIGNED
UPON DEMAND.
THE UNDERSIGNED HEREBY DECLARES THAT HE HAS VISITED THE SITE AND HAS
CAREFULLY EXAMINED THE CONTRACT DOCUMENTS RELATIVE TO THE WORK
COVERED BY THE ABOVE BID.
RESPECTFULLY SUBMITTED:
BY:
SEAL- IF BIDDER A CORPORATION
FM 1938/DAVIS IMPROVEMENTS 2018 Page 10
Res 18-27
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the 27 day of August in the year 2018, by and between the
Town of Westlake, Texas (hereinafter called OWNER) and i,z cog„yr,, La�nsc-aPE
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
The work to be done as covered by these contracts and specifications consists of the furnishing
of all labor, materials, equipment, and incidentals for the plant replacement project for Davis
Rd/FM 1938 from HWY 114 to Randol Mill Rd. this includes center median & East side South of
Dove &West side North of Dove. The project also includes removal of approximately 8 Texas
sage and 6 holly bush, compost where needed and staking of trees.
Article 2. CONTRACT TIME.
CONTRACTOR agrees to commence work within five (5) days after the date of written notice to
commence work, and to complete the work on which he has bid within eighty (90) working days
as provided in the General Conditions.
Article 3. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in
accordance with the Contract Documents in current funds based on the measured quantities
and the unit prices stated in the Proposal.
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment on work completed during the previous
month on the first day of the month. CONTRACTOR shall present only one Application for
Payment each month. Applications for Payment will be processed by ENGINEER and OWNER
shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice.
Article 5. INTEREST.
All moneys not paid when due shall bear interest at the maximum rate allowed by law at the
place of the Project.
Article 6. CONTRACTOR'S REPRESENTATIONS.
FM 1938/DAVIS IMPROVEMENTS 2018 Page 11
Res 18-27
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations.
6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of the Work.
6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will
remain in good repair and condition for and during the period of one (1) year from the date of
the repair and to maintain said work in good repair and condition for said term of one (1) year.
CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time
within said period, if, in the opinion of the owner, it be deemed necessary.
6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify
and hold harmless OWNER and ARCHITECT and their consultants, agents and employees
from and against all claims, damages, losses and expenses, direct, indirect or consequential
(including but not limited to fees and charges of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising out of or resulting from the performance of
Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work
or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in
part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations
regardless of the negligence of any such party.
6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or
employees by any employee of CONTRACTOR, any Subcontractor, any person or organization
directly or indirectly employed by any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3
shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other
person or organization under workers' or workmen's compensation acts, disability benefit acts or
other employee benefit acts.
Article 7. Contract Documents
The Contract Documents which comprise the entire agreement between OWNER.and
CONTRACTOR concerning the Work consists of the following:
• Notice to Bidders consisting.
• Instructions to Bidders.
• Proposal.
• This Agreement.
• Pre-bid Bond, Performance Bond, Maintenance Bond and Payment Bond
• General Conditions.
• General Requirements.
• Set of Plans.
There are no Contract Documents other than those listed above in this Article 7.
FM 1938/DAVIS IMPROVEMENTS 2018 Page 12
Res 18-27
Article 8. TERMINATION.
OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in
accordance with the Contract Documents including, but not limited to, failure to supply sufficient
skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way
any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7)
days written notice and to the extent permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work.
Article 9. MISCELLANEOUS.
No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound,
and specifically but without limitation moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal
representatives to the other party hereto, its partners, successors, assignees and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the
Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All
portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR.
This agreement will be effective on the 27 day of August 2018.
OWNER: CONTRACTOR:
Town of Westlake, Texas fZ4c-%Stc, j
By: Z..CLPLI---A) -- By rUl co 'b 1 r e c"-6-.
Laura Wheat, Mayor
ATTEST: ATTEST: i)-----di-6211.°
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Kelly Edwards, TMR ,�'�o ecf Y rye
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Address for giving not is•
FM 1938/DAVIS IMPROVEM "• '..,.'��'� � Page 13
1500 Solana Blvd, Building 7, Suite 7200, Westlake, Texas 76262.
(If OWNER is a public body, attach resolution authorizing execution of Agreement.)
(If CONTRACTOR is a Corporation, attach evidence of authority to sign.)
EXPERIENCE RECORD
FM 1938/DAVIS IMPROVEMENTS 2018 Page 14
Res 18-27
List of projects bidder has successfully completed:
Amount of Date Name and Address
Contract Award Type of Work Accepted of Owner
List of projects bidder is now engaged in completing:
Amount of Date Name and Address
Contract Award Type of Work Accepted of Owner
List of Surety Bonds in force on the above uncompleted work:
Amount of Amount of Name of Surety
Contract Award Bond Company
Acknowledgment on next page must be filled in.
FM 1938/DAVIS IMPROVEMENTS 2018 Page 15
Res 18-27
EXPERIENCE RECORD CONTINUED
a partner
Submitted by: an individual
a corporation
with principal office at
TO BE FILLED IN BY CORPORATION TO BE FILLED IN BY PARTNERSHIPS:
Date Incorporated Date Formed
Under the Laws of State whether partnership is
(State) general limited or associated.
Executive Officer
List of Members:
State of
County of
, being duly sworn, deposes and says that he is the
of
(Title) (Name of Organization)
and that the answers to the foregoing questions on the attached forms and all statements herein
are true and correct; that the experience record is made a part of this affidavit as through written
in full herein, and all statements and answers to questions given in the above-mentioned
experience record are true and correct.
(Signature)
Sworn to before me this day of
2016.
Notary Public
My Commission Expires:
(Seal)
FM 1938/DAVIS IMPROVEMENTS 2018 Page 16
Res 18-27
General Provisions
CLEAN-UP
DESCRIPTION
1. The Contractor shall perform such clean-up work as is deemed necessary by the
town.
2. 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.
3. The Contractor is required by the town ordinance to use Trinity Waste for all
waste disposal containers use on the project.
SOLID WASTE DISPOSAL
DESCRIPTION
1. The Contractor shall dispose of all refuse at a Texas Department of Health (TDH)
approved landfill.
2. 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, for sale, a list of all landfills in the NCTCOG region. The D/FW landfill
is listed in the telephone book "Yellow Pages".
3. Alternately, the Contractor may arrange with a Commercial waste firm to simply
supply a roll-off bin for disposal purposes. Several private regional landfills are
available in the NCTCOG area. The contractor shall determine which method
best fits the project requirements.
FM 1938/DAVIS IMPROVEMENTS 2018 Page 17
Res 18-27
PERFORMANCE BOND BOND No.
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That (contractor's company) of
the Town of County of , and the State of Texas, as principal and
(surety company) authorized under the laws of the State of Texas
to act as surety on bonds for principals, are held and firmly bond unto Town of Westlake, Texas
(Owner), in the penal sum of Dollars ($ ) 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 2018, to Town of Westlake FM 1938/Davis plant replacement project
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 day of 2018.
Principal Surety
By Title
Address
The name and address of the Resident Agent of Surety is:
FM 1938/DAVIS IMPROVEMENTS 2018 Page 18
Res 18-27
Resolution 18-27
MAINTENANCE BOND
Bond Number:09293126
THE STATE OF TEXAS
COUNTY OF TARRANT
Bright View Landscape Services,Inc.
KNOW ALL MEN BY THESE PRESENTS THAT: dba Precision Landscape Management,LP (contractor's
company), as principal AND Fidelity And Deposit Company Of Maryland (surety company), A corporation
organized under the laws of Maryland , 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 legislature of the state of Texas, at Westlake, Tarrant county, Texas,
the sum of *** DOLLARS ($ $10,723.96 ), 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.
***Ten Thousand Seven Hundred Twenty-Three and 96/100
THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said
Bright View Landscape Services,Inc.dba Precision Landscape Management LP (contractor's company) has this day entered into a
written contract with the said Town of Westlake for the replacement of plants from HWY 114 to Randol Mill
Rd. 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 one (1) 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 fumished 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 sureties hereon shall be subject to the liquidation
damages mentioned in said contract for each day's failure on its' part to comply with the terms of said
provisions of said contract.
NOW,THEREFORE, if the said contractor shall keep and perform its'said agreement to maintain said work
and keep the same in repair for the said maintenance period of one (1) 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 and had
hereon for successive branches 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 from any cause during said time
FM 1938/DAVIS IMPROVEMENTS 2018 Page 19
Bond Number:09293126
BrightView Landscape Services,Inc.
dba Precision Landscape
IN WITNESS THEREOF, said Management,LP has caused these present to be executed by its
President and
Fidelity And Deposit Company
The said Of Maryland (name of surety company) has caused these Present to be
executed by its' attorney-in-fact and said Attorney-in-fact Simone Gerhard (name
of attorney) has hereunto set this hand,this the 11th day of September 2018.
BrightView Landscape Services,Inc.
PRINCIPALdba Precision Landscape Management,LP SURETY: Fidelity And Deposit Company Of Maryland
Name of Contractor's Company Name of Insurance Company
BrightView Landscape Services,Inc.
dba Precision Landscape anaciem. Fidelity And Deposit Company Of Maryland
Signature • •
_ • \ n Signature .
'
)
Si e Gerhard,ATt orney-In-Fact
Name of Representative– itle (Print) Name of; eprescntative Title (Print)
WITNESS: • ATTEST:
C\_ /\ a�i� rCiol �v��}� ) Marina Tapia, Witness
--- Witness
Signature —SEC–RET-AR-Y--Signature/JZ
NOTE: DATE OF MAINTENANCE BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
• -
FM 1938/DAVIS IMPROVEMENTS 2018 Page 20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On SEP 1 1 2018 before me, Vanessa Fong, Notary Public, personally
appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
�:n�,%i ,,7'r"l_21LCS C.vi.1u
LhS :,,iJG� WITNESS my hand and official seal.
NTY
!ARY PULED,-c LIFGR."JIA=`.
�•:i i`✓iY CONIiV11:`SION EXPTIES
1„, SEPTEMCER)42021_.1
Signature
Vanessa Fong,Notary Plip
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
DAVID MCVICKER,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Simone GERHARD,of Los Angeles,California, its true and lawful agent and Attorney-in-Fact,to make,execute,
seal and deliver, for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such
bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of July,A.D.2017.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
.IIS„ -O = Y 1°.4, p •!GQ'�G°R*NN0
ZEAL
�wie +, rtp ,a �u4
o v9.>-
,,P",) t L
BY Lr.
Assistant Secretary Vice President
Dawn E.Brown David McVicker
State of Maryland
County of Baltimore
On this 11th day of July, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, DAVID
MCVICKER,Vice President,and DAWN E.BROWN,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith,that
he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A.Dunn,Notary Public
My Commission Expires:July 9,2019
POA-F 012-3275E
•
Dallas County,TEXAS >;:
1201 Elm Street - �'�'
�ey 'ti
22nd Floor l�a °4;
Dallas,TX 75270 ,
Phone: (214)653-7099
John F Warren,County Clerk Receipt for Services
Cashier ERIOS Batch# 2436647
Customer Name CT CORPORATION Date: 03/23/2018 Time: 10:56:34AM
208 S LASALLE ST STE 814
CHICAGO,IL 60604
Date Instrument No Document Type Transaction Type GFNumber Fee Amount Pg
3/23/2018 10:56:34AM 201800075981 ANINC ALL 524.00 3
Fee Total: S24.00
CHECK 31682988 24.00
Payment Total: 24.00
UNLESS REQUESTED ALL AMOUNTS FOR OVERPAYMENTS IN THE AMOUNT OF Page I of I
$10 OR MORE WILL BE ISSUED AT THE END OF THE MONTH
Corporations Section ,s1.,ra pp Rolando B. Pablos
• P.O.Box 13697 5tr2 c,. .,?, Secretary of State
Austin,Texas 78711-3697 I����� .���
Office of the Secretary of State
1111111 I I
4t 209800075981
ANINC 1/3
•
The undersigned, as Secretary of State of Texas, does hereby certify that the attached is a true and
correct copy of each document on file in this office as described below:
BrightView Landscape Services,Inc.
Filing Number: 23542200
Certificate of Assumed Business Name March 21, 2018
In testimony whereof, I have hereunto signed my name
officially and caused to be impressed hereon the Seal of
State at my office in Austin, Texas on March 22,2018.
0,•.r.,/ 11,40 I-,10 FZ.C-44Nr-:)
vtro
Pk‘ if/V
,(�� �a Rolando B. Pablos
v �y� Secretary of State
•
Come visit us on the Internet athttp://www.sos.state.txus/
Phone: (512)463-5555 Fax:(512)463-5709 Dial: 7-1-1 for Relay Services
Prepared by: SOS-WEB 1'1D: 10266 Document: 802125610005
rr Office of the Secretary of State Filed in the Office of the
be4; Corporations Section
Secretary of State of Texas
�' °� ��1! p Filing#: 23542200 3/21/2018
kY _ . ;�, P.O.Sox 13697 Document#:801813060002
`` ._= Austin,Texas 78711-3697 Image Generated Electronically
(Form 503) for Web Filing
ASSUMED NAME CERTIFICATE
FOR FILING WITH TFIE SECRETARY OF STATE
1. The assumed name under which the business or professional service is or is to be conducted or
rendered is:
Precision Landscape Management
2. The name of the entity as stated in its certificate of formation, application for registration, or
comparable document is:
BrightView Landscape Services, Inc.
3. The state, country, or other jurisdiction under the laws of which it was incorporated, organized
or associated is TEXAS and the address of its registered or similar office in that jurisdiction is:
1999 Bryan Street, Suite 900, Dallas, TX. USA 75201-3136
4. The period, not to exceed 10 years, during which the assumed name will be used is :
03/21/2028
5. The entity is a : Domestic For-Profit Corporation
6. The entity's principal office address is:
401 Plymouth Road, Suite 500, Plymouth Meeting, PA, USA 19462
7. The entity is not organized under the laws of Texas and is not required by law to maintain a
registered agent and registered office in Texas. Its office address outside the state is:
8. The county or counties where business or professional services are being or are to be conducted
or rendered under such assumed name are:
ALL COUNTIES LISTED BELOW:
DALLAS,
9. The undersigned, if acting in the capacity of an attorney-in-fact of the entity, certifies that the
entity has duly authorized the attorney-in-fact in writing to execute this document. The undersigned
signs this document subject to the penalties imposed by law for the submission of a materially false
or fraudulent instrument.
r I y
BrightView Landscape Services, Inc.
Name of the entity
By: Jonathan Gottsegen, Secretary
Signature of officer,general partner,manager,
representative or attorney-in-fact of the entity
FILING OFFICE COPY
•
Filed and Recorded
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
03123!2018 10:56:34 AM
•
$24.00
701804075981
IN WITNESS THEREOF, said has caused these present to be executed by its
President and
The said (name of surety company) has caused these Present to be
executed by its' attorney-in-fact and said Attorney-in-fact (name
of attorney) has hereunto set this hand, this the day of_ 2018.
PRINCIPAL: SURETY:
Name of Contractor's Company Name of Insurance Company
Jason Shear,VPGM
Signature Signature
Name of Representative—Title(Print) Name of Representative—Title (Print)
WITNESS: ATTEST:
Signature SECRETARY—Signature
NOTE: DATE OF MAINTENANCE BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
FM 1938/DAVIS IMPROVEMENTS 2018 Page 20
Res 18-27
Plant Replacement FM1938 Scope
Plant replacement for Davis Rd/FM 1938 From HWY 114 to Randol Mill Rd.
InciL]c'ee center median & East side South of Dove& West side North of Dove.
Landscape Quantity Unit Unit Pricing
Compost 20.00 cy $ 2,314.26
Demo/Transplant 64.00 HR $ 3,110.36
Stake Tree(s) 39.00 ea $ 3,225.08
Willow Desert 9.00 30 gal $ 3,011.31
Chinese Pistache 16.00 45 gal $ 9,758.13
Oak, Burr 3.00 30 gal $ 1,103.47
Cypress, bald 3.00 45 gal $ 1,705.04
Cedar, E.astern Red i 6.00 8-10' $ 1,978.28
Grass; Gut Muhiy 2,036.00 1 gal $ 21,806.95
Grass Weeping Love 2,572.00 1 gal $ 27,547.88
Grass, \Mexican Feather 1,586.00 i 1 gal $ 19,227.04
Grass, 'vaisca!rihus sinensis 'Gracill 101.00 3 gal $ 3,734.54
Lant ne, JL!ro ie Trailing 7,280.00 4" pot $ 13,370.87
Yucca, Red 104.00 5 gal $ 3,154.27
Sa vi ;, . '..ed Gregoii 996.00 I 3 gal $ 36,827.69
Grass, •"Jrw'; iriy 1,092.00 S 3 gal $ 40,377.35
Oak, l 1.00 30 gal $ 367.82
Red _.d 1.00 30 gal $ 409.36
Sage, Th->. s 142.00 ! 15 gal $ 21,449.56
Labu c:_ i INC in plant pricing
Eoui;3r . .-.: cos. j INC in plant pricing
Sa-Vic-': ; E. tori..vnL cost i INC in plant pricing
Total $ 214,479.26
Res 18-27
Form TCG 2270
VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270
Contract identifier:
Department:
By signing below, Company herby verifies the following:
1. Compa •oes not boycott Israel; and
2. Co -'any wi I nottoy tt Israel during the term of the contract.
SIGNED BY: .
Print Name of Person: lJ -c-� �l 12�5o4 C
Signing,Title, and y,,� '
Company ��•-G1S1 o�� LA- 12-PPcz 1 c T Ci'-.
Date signed: 51\?.O \, 201.5
STATE OF TE S §
COUNTY OF I k, §
BEFORE ME, the undersigned Notary Public on this day personally appeared _ (Name), on
behalf of (Company) who being duly sworn, stated under oath that he/she has read the
foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein
are true and correct.. -�1
SWORN AND SUBSCRIBED TO before me,this ��day of , 20 1
PY // DEBORAH WHITE r r / /
• P bei / /L ALl
:3%;:1%.• ;Notary Public,State of Texas NOTARY OF PUBLIC,
W Comm.Expires 02-14-2021 FOR THE STATE OF TEXAS
AAj4,+ {il sion kpiles1D 26078-2
Government Code§2270.002. Provision Required in Contract
Effective: September 1, 2017
A governmental entity may not enter into a contract with a company for goods or services unless the
contract contains a written verification from the company that it:
(1) does not boycott Israel; and
(2)will not boycott Israel during the term of the contract.
The following definitions apply:
(1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business purposes.
(2) "Company" means a for-profit sole proprietorship, organization, association, corporation,
partnership,joint venture, limited partnership, limited liability partnership, or limited liability company,
including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those
entities or business associations that exists to make a profit.
(3) "Governmental entity" means a state agency or political subdivision of this state.
State law requires verification from a Company for contracts involving goods or services
(regardless of the amount) before the City can enter into the contract.
Res 18-27
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-393653
Precision Landscape Mangement
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/17/2018
being filed.
Town of Vvestiake Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
2018-06
Plant Replacement on FM 1938/Davis Blvd from Randol Mill to Hwy 114
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check onkj,if there is NO interested Party.
6 ut DECLARATION
MynameN b V rk tAA,
t.t
, and my date of birth is (
My adcress is . t 490o6, 61dek TYPI, L , -Tx-, rory 64:244,1---rh
(street) (city) (state) (zip code) (country)
cec'E-c ,,oaer penalty of perjury that the foregoing is true and correct.
Exepeo County, State of ,TY- onth.1011
day of ,2O / 1'7
.14 it*, DEBORAH WHITE (month (year)
**9..,..Notary Public.State of Texas
tAt., :II Comm,Expires 02-14-2021
.:11eo. Notary ID 26078-2
Signature of authorized agent of contracting business entity
(Declarant)
, - — _
Forms pi by Texas 7finos,Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-393653
Precision Landscape Mangement
Dallas, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is • 08/17/2018
being filed.
Town of Westlake Date Acknowledged:
08/20/2018
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
2018-06
Plant Replacement on FM 1938/Davis Blvd from Randol Mill to Hwy 114
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is , and my date of birth is
My address is , ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of ,on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711