HomeMy WebLinkAboutRes 20-07 Approving and Agreement with Bennett and Reedy Utility for road repairsTOWN OF WESTLAKE
RESOLUTION NO. 20-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING AN AGREEMENT WITH BENNETT AND REEDY UTILITY
LLC. (B&R) FOR THE BASE BID PLUS ALTERNATE 1 FOR $191,320.00 TO
PERFORM THE PAVEMENT REPAIRS ON SOLANA BLVD., FROM STATE
HIGHWAY 114 FRONTAGE ROAD TO F.M. 1938 AND REJECTING ALL
ALTERNATE 2 BIDS, AUTHORIZING THE TOWN MANAGER TO EXECUTE THE
AGREEMENT AND AUTHORIZING TOWN STAFF TO MAKE FUNDING CHANGES
NOT TO EXCEED $25,000 ON THIS PROJECT.
WHEREAS, the Town Council desires to provide residents and commuters safe and
aesthetically pleasing streets and infrastructure; and
WHEREAS, the Town Council finds that the pavement repairs on Solana Boulvard,
from State Highway 114 Frontage Road to F.M. 1938 and reject all Alternate 2 bids; and
WHEREAS, the Town Council find that the agreement with Bennett and Reedy Utility
LLC (B&R) will provide best value for all necessary labor and supplies for the pavement repairs
on Solana Boulevard from State Highway 114 Frontage Road to F.M. 1938; and
WHEREAS, the Solana Boulvard pavement repair project cost has been included in the
adopted 2019-2020 Town budgets; and
WHEREAS, the Town Council rejecting all other bids submitted for the Solana Blvd.
paving repair projects; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the people of Westlake.
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 hereby approves
agreement with Bennett and Reedy Utility LLC (B&R) for the base bid plus Alternate 1 and to
perform the Solana Boulvard pavement repairs, agreement attached as Exhibit "A", authorizes
the Town Manager to sign on behalf of the Town of Westlake and authorizes Town staff to make
funding changes not to exceed $25,000 on this project.
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
Resolution 20-07
Page 1 of 2
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 3rd DAY OF February 2020.
ATTEST:
Tdiya MortYs, Assistan to the Town Secretary
Laura Wheat, Mayor
am a4� ea,Ze,,
Amanda DeGan, Town Manager
Resolution 20-07
Page 2 of 2
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the ;2 O day of C,h , .� in the year 2020, by and
between the Town of Westlake, Texas (hereinafter called OWNER) and
t 1�� /='r' Coves J_--Z_-_(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:
2019 Solana Blvd. Paving Repairs
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
Town of Westlake
Article 2. ENGINEER.
The Town Engineer who is hereinafter called ENGINEER and who is to act as
OWNER'S representative, assumes 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
90 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
ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days
of the date of the invoice. The Town of Westlake shall retain 10% of each pay
application until the work has been completed by the Contractor.
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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.
Article 8. Contract Documents
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8-2
1. Project Location Map consisting of one (1) page
2. Notice to Bidders consisting of one (1) page
3. Instructions to Bidders consisting of one (3) pages
4. Proposal (Contract Amount) consisting of five (5) pages
5. Maintenance Bond consisting of three (3) pages
6. Performance Bond consisting of two (2) pages
7. Payment Bond consisting of two (2) pages
8. Standard Form of Agreement consisting of four (5) pages
9. Certificate of Insurance consisting of one (1) page
10. Project Detail consisting of three (4) pages
11. Standard General Conditions consisting of thirty nine (39) pages
12. General Conditions consisting of three (3) pages
13. Special Conditions consisting of six (6) pages
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,
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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.
( THIS SPACE INTENTIONALLY LEFT BLANK)
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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 O day of , 2020.
i
OWNER: CONTRACTOR:
Town of Westlake, Texas
By: "a",
Amanda DeGan, Town Manager
By: �-, I
ATTEST:" ATTEST:
-veil. -E-dwards, Town Secretary
Todd 1A)0061
Address for giving notices:
1500 Solana Blvd., Bldg. 7, Suite 7200
Westlake, Texas 76262
(If OWNER is a public body, attach
resolution authorizing execution of
Agreement. )
Address for giving notices:
P�5—�oo,<s 2d
List name of person to whose attention
notices are to be sent:
jc- r-F P'e c d zl
(If CONTRACTOR is a Corporation,
attach evidence of authority to sign.)
8-5
ADDENDUM NO. 1
TO THE
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
SOLANA BOULEVARD PAVING REPAIRS
(F.M. 1938 DAVIS BOULEVARD TO S.H. 114)
TOWN OF WESTLAKE, TEXAS
Date: January 3, 2020
Bid Opening: Thursday, January 7, 2020 at 2:00 p.m. (see below for date change)
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 Specifications and Contract Documents:
CONTRACT DOCUMENTS
1. Notice to Bidders
Revise the bid opening date to read as follows:
2:00 p.m., Thursday, January 13, 2020
2. Clarification:
Pre -Bid Conference held on December 19, 2020 was not mandatory. Attendance of
the pre -bid conference is not a requirement of this bid.
END OF ADDENDUM NO. 1
Page 1 of 1
ADDENDUM NO. 2
TO THE
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
SOLANA BOULEVARD PAVING REPAIRS
(F.M. 1938 DAVIS BOULEVARD TO S.H. 114)
TOWN OF WESTLAKE, TEXAS
Date: January 10, 2020
Bid Opening: Thursday, January 16, 2020 at 2:00 p.m.
(see below for date clarification)
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 Specifications and Contract Documents:
CONTRACT DOCUMENTS
1. Notice to Bidders
Clarify and Revise the bid opening date to read as follows:
2:00 p.m., Thursday, January 16, 2020
2. Pre -Bid Conference Notes and Contractor Questions/Clarifications:
A. Panel Size:
As it relates to "Whole Panel", "Half Panel", and "Spot Repair", the
standard whole panel size for this project is 12 feet x 18 feet. This is
further reflected in the updated Proposal Section issued as part of this
addendum.
B. Spot Repair:
Spot repair represents a 2 foot long full width (12') repair at the end of a
damaged panel. If the panel requires repair beyond 2 foot, a "Half Panel"
repair will be used in accordance with the "Half Panel" bid item.
C. Traffic Control and Project Phasing:
Traffic Control shall be in accordance with Section 14.X111. Traffic
Control Plan. One -Lane of Solona Blvd. shall remain open at all times in
each direction. Closure of multiple lanes is permitted through coordination
with the Town Engineer or Town Inspector. Multiple lane closure shall be
Page 1 of 3
limited to approximately 2000 feet and shall not cross more than one
street intersection during any given phase of the project.
D. Proposal Item 12: Saw Cut and Remove Concrete Sidewalk
This item shall read: "Saw Cut and Remove Concrete Sidewalk at ramp
intersection locations". This item is for the removal of portions of the
existing sidewalk at the intersection of Peytonville Ave. and Solona Blvd.
prior to the installation of barrier free ramps to serve the existing striped
crosswalk at this location.
E. Proposal Item 13: Construct Barrier Free Ramps
This item shall read: "Construct Barrier Free Ramps at Peytonville Ave.
Intersection".
F. Proposal Item 14: Manhole Block Out
This item shall read: 10" Reinforced Concrete Manhole Blockout"
The paving section and specifications for the blockouts shall match the
10" reinforced concrete specifications provided in this contract for the
panel pavement repair.
G. Proposal Item 16: Crack Sealing
This item has been removed from the base bid and included in the
Alternate bid as Item Alt 2. This item includes routing and sealing of
existing cracks in Solona Blvd. for the extents of the projects.
H. Proposal Item 17: Replace 20' Inlet Top — Removed from Bid
Proposal Item Alt 1: Remove and replace Eastern 4" Reinforced Concrete
Colored Banding Section at the Intersection of Westbound Solona Blvd. and
Northbound F.M. 1938/Davis Blvd. (2' x 70')
This item has been added to this bid proposal.
Traffic Buttons
Any traffic buttons affected with panel replacement shall be remove and
replaced, or new buttons installed. New buttons shall be Type A 4" Round White
Non -Reflective Ceramic Traffic Buttons, and a two-way 4" White Rounded
Shoulder Reflector installed every after each row of 3 Ceramic Buttons. Traffic
Buttons shall be installed in accordance with applicable TxDOT Standard
Specifications.Traffic Buttons shall be considered subsidiary to associated panel
repair bid items and are not a separate pay item for the purposes of this project.
3. Proposal Section
A. The proposal section included with this addendum shall be used for bidding of
this project and shall completely replace the proposal section currently in the bid
documents.
Page 2of3
B. Alternate Bid Items:
Alternate Bid items included within this bid are items that may be selected
to be part of the awarded contract at the discretion of the Town of
Westlake. The selection of these alternates is based on and subject to
available funding.
4. Engineer's Opinion of Probable Cost
The probable cost for this project is approximately $200,000.
5. Start Date
The project is intended to begin as soon as possible following award of the bid
and approval for release of construction through and by the Town of Westlake.
END OF ADDENDUM NO. 2
Page 3 of 3
PROPOSAL
To: Town of Westlake
For: 2019 Solana Boulevard Paving Repairs
The undersigned Bidder having thoroughly examined the contract documents, including
specifications, the site of the project and understanding the amount of work to be done and the
prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and
material, except as specified to be furnished by the Town, which is necessary to fully complete
all of the work as provided in the contract documents and subject to the inspection and approval
of the Town of Westlake, Texas, and binds himself upon acceptance of this Proposal to execute a
contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if
any, as may be required by the contract documents for the performing and completing of said
work. Contractor proposes to do the work within the time stated and for the following sum:
ITEM
QUANTITY
NO.
AND UNIT
1.
27 EA.
2.
27 EA.
27 EA.
PROPOSAL
DESCRIPTION & PRICE IN WORDS
Saw Cut and Remove Whole Panel
(12' x 18%
Dispose of Concrete Paving, for the sum of:
y\ ,,,— Dollars
A 2 o Cents
Per Each
Compacted Subgrade Whole Panel
to Min. 95% Standard Proctor Density
for the sum of.
UNIT TOTAL
PRICE PRICE
$ `f S'0 $ SAS eC)
Dollars
a
n., o Cents
Per Each $ -/'S0 $ Js2, 56 6-
10" Reinforced Concrete Paving, Whole Panel
(12' x 18'), Including 6 Sack Mix, Class P2,
4500 PS, #4 Rebar 24", O.C.E.W.,
#5-24" Smooth Dowel Bars @ 12" Spacing,
Chairs Required for the sum of:
ars
a•
.�� Cents
Per Each
P-1
ITEM QUANTITY
DESCRIPTION & PRICE IN WORDS
UNIT
TOTAL
NO. AND UNIT
PRICE
PRICE
4. 13 EA.
Saw Cut and Remove Half Panel (12' x 9'),
Dispose of Concrete Paving for the sum of:
�ollars
nJ �� Cents
$ a =�
$� a s -
Per Each
5. 13 EA.
Compacted Subgrade Half Panel (12' x 9')
to Min. 95% Standard Proctor Density
for the sum of:
Dollars
+J o Cents
$ 3 �� p_
$ `G
Per Each
6. 13 EA.
10" Reinforced Concrete Paving,
Half Panel (12' x 9'),
including 6 Sack Mix, Class P2, 4500 PSI
#4 Rebar 24" O.C.E.W., #5-24" Smooth Dowel
Bars @ 12" Spacing, Chairs Required
for the sum of:
Dollars
tti v Cents
Per Each
7. 40 EA.
Saw Cut and Remove Spot Repair (12' x 2'),
Dispose of Concrete Paving for the sum of:
(A ■ .�.���� z.46 ollars
yv � Cents
_
C/0
Per Each
8. 40 EA.
Compact Subgrade Spot Repair (12' x 2')
to Min. 95% Standard Proctor Density
for the sum of:
0--Dollars
�U � 8 6O •
a��,. %3— oe"' � Cents
Per Each
$ o'Z 7 S �
P-2
ITEM
QUANTITY
DESCRIPTION & PRICE IN WORDS UNIT
TOTAL
NO.
AND UNIT
PRICE
PRICE
9.
40 EA.
10" Reinforced Concrete Paving,
Spot Repair (12' x 2'), including 6 Sack Mix,
Class P2, 4500 PSI, #4 Rebar 18" O.C.E.W_,
95-24" Smooth Dowel Bars @ 12" Spacing,
Chairs Required for the sum of:
ram_ 66 �� jr�i-�en� Dollars
xj o Cents
Per Each $ �4 ,
$ a O SOU 4 Q s
10.
20 L.F.
Saw Cut and Remove Damaged,
Curb & Gutter for the sum of:
Dollars
-6-4 -.- Al Cents
Per Linear Feet $ %�%• 7 jJ $ 12 �01 U v
11. 20 L.F. 6" Concrete Curb and Gutter
for the sum of:
Dollars
A„ Q, Cents
Per Linear Feet $ �� a u $ 000
12. 6 EA. Saw Cut and Remove Concrete Sidewalk
at ramp installation locations
for the sum of:
Dollars
,v c, Cents
Per Each
13. 6 EA. Construct Barrier Free Ramps at Peytonville Ave
intersection crosswalks
for the sum of:
�liars
Per Each w $ t /om 5-0 $
14. 2 EA. 10" Reinforced Concrete Manhole Block Out,
for the sum of-
.6 A Dollars
'A,� e Cents a_
Per Each $ / 30 U $ .2 o
P-3
ITEM
QUANTITY
DESCRIPTION & PRICE IN WORDS
UNIT
TOTAL
NO.
AND UNIT
PRICE
PRICE
15,
1 L.S.
Erosion Control and SWPPP
for the sum of:
Dollars
,y o
Per Lump Sum
Cents
$ G 40 �r
$ G 3 4 U
16.
1 L.S.
Traffic Control
for the sum of:
Dol rs
�a
Cents
yam,
Per Lump Sum
$ �G,S D
$
TOTAL BASE BID
ALTERNATES:
$vo
ALT 1. 1 L.S.. Remove and replace eastern 4' Reinforced
Concrete Colored Banding at the intersection
of west bound Solona Blvd. and north bound
F.M. 1938/Davis Blvd. (2' x 70'),
for the sum o£
Dollars
Cents
Per Lump Sum , T $ U d ° $ 2) C'100
� T
T 2. 1 L.S.. Crac aling of Solona BlvdL
F.M. 1938 vis Blv
for the sum of
Sum
TOTAL ALTERNATE BID
PROPOSAL SUMMARY:
TOTAL BASE BID
TOTAL ALTERNATE BID
Cents
$ r,� nod m �
*TOTAL BID PROJECT COST
P-4
V00
SGYX� =
*Total Project Cost includes bonds, traffic control and other incidentals necessary to
complete the work scope of this contract.
This total must agree with the total amount bid.
For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for
any material incorporated into the project in excess of the estimated quantity provided for herein
will be no more than the invoice price for such material to the Contractor.
P-5
PART B — PROPOSAL (Continued)
Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal
contract and will deliver an approved Surety Bond and such other bonds as required by the
Contract Documents, for the faithful performance of the Contract. The attached bid security in
the amount of 5% is to become the property of the Owner in the event the contract and bond or
bonds are not executed and delivered within the time above set forth, as liquidated damages for
the delay and additional work caused thereby.
The undersigned assures that its employees and applicants for employment and those of any
labor organization, subcontractors, or employment agency in either furnishing or referring
employee applicants to the undersigned are not discriminated against.
The bidder agrees to begin construction within %y calendar days after the
issuance of the Notice to Proceed with Construction (Work Order), and to complete the contract
within <70 calendar days after receipt of said notice.
Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No. 2 / 2�
Addendum No. 3
Respectfully submitted
Company: -1 ,) 2 0,) e
Title: a d c ,,)-t
Address: 6 S-
City, State, Zip:"Ig-
Phone: P/-7-Sg 6-/ -73 y
Fax: 6sr,P— 703-P3-7-7
(Seal) if bidder Corporation
Signature:
\1i
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond Bond No. PH3848
KNOW ALL MEN BY THESE PRESENTS, that we
B & R UTILITY CONSTRUCTION, 8625 Brooks Road, Burleson, TX 76028
as Principal, hereinafter called the Principal, and
Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004
a corporation duly organized under the laws of the Commonwealth of Pennsylvania as Surety, hereinafter called the
Surety, are held and firmly bound unto
Town of Westlake, 1500 Solona Boulevard, Bldg 7, Ste. 7200,
as Obligee, hereinafter called Obligee, in the sum of
Five Percent of the Greatest Amount Bid Dollars ( 5.00% ).
For the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for:
Solana Boulevard Paving Repairs Concrete Panel Replacement
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the teens of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and
sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution
thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee
the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in
good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in
full force and effect.
Signed and sealed this 16th day of January , 2020 .
B & R UTILITY CONSTRUCTION
(Principal) (Seal)
(Witness)4��7- 1�f2� '-13
�_�'^^�/
' (Title)
Philadelphia Indemnity Insurance Company
(Suretyr�—e
(J(S �h_yTrF
itness)
Fred A. thetford, 111, ATTORNEY -IN -FACT
AIA DOCUMENT A310 *BiD BOND * AIA * Feb. 1970 ED. * THE AMERICAN INSTITUTE OF ARCHITECTS
1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006
Bond No. PH3848
7281
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jared Young, Fred A. Thetford, Jr., Tobin Tucker, Tom Young,
Diane Brown, Fred A. Thetford IV and/or Fred A. Thetford, III of Contract Bond Agency, LLC., its true and lawful Attorney -in -Fact with full authority to execute
on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to
bind the Company thereby, in an amount not to exceed $50,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 141" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach tine seal of tine Company thereto; and
(2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER, 2017.
1927
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27°i day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
CQWMQNWE rNO P N 5 v
HOTM1At SEnI
Mow•nK�•DD.Naa�rrwx Nota Public:
LDwe�Nerion lwp.. Mnm7onHry C 2321 ry
MyCwnml,sbn Eyplei 9eD1 75. 207/
l[YII tvVjllr V+N� NyppGAl1011 p,.
residing at:
(Notary Seal)
My commission expires:
Bala Cynwyd. PA
September 25, 2021
1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27" day of October, 2017 are true and correct and are still in full force and effect. 1 do further certify
that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 6ti1 day of January 20 20
1 g2 7 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
TWO YEAR / TWENTY Y PERCENT
WESTLAKE
MAINTENANCE BOND
STATE OF T EX -AS Bond No: PB11509801683
COUNTY OF TAR CANT
KNOW ALL MEN BY THESE PRESENTS: That B & R Utility Construction, 8625 Brooks Road, Burleson, TX 76028
AS PPLNCIPAL. Ai`ID Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004
(NAME OF SURETY)
a corporation organized under the laws of Pennsylvania
and N/A
as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the
Town of Flestic:ke
(NAItC, OF OVT1 ER)
a ?municipal corporation, the sum of Thirty Eight Thousand, Two Hundred Sixty Four and 08/100-----
(AMOUNT DETERMINED BY 20% OF TOTAL CONTRACT PRICE)
Dollars ($ 38,264.08 ) for the payment of which sum will and truly to be made unto said
Town of DYesilake
(NAME OF OWi\MR)
and its successors, said principal and sureties do hereby bind themselves their assigns, and successors
jointly and severally.
This obligation is conditioned, however, that, whereas said B & R Utility Construction
(NAME OF CONTRACTOR)
has this day entered into a written contract with said Town of IlVestic!k e
(NAN E OF OWNER)
to build and construct the 2019 Solaria Boulevard Paving Repairs
(DESCRIPTION OF PROJECT AS IT APPEARS ON COMER OF CONTRACT DOCUMENTS)
which contract and the plats and specifications therein mentioned and adopted by the
Town of Mestic ke
are hereby expressly rna-de a part thereof as though the same were written and embodied herein.
5-1
WHEREAS, under the specifications and contract, it is provided that the Contractor- shall
maintain and keep in good repair the wore constructed and/or equipment furnished by him as
contemplated by the plans, specifications, drawings, etc., and perform for a period of Two 2year(s).
The period shall be one (2) years from the date of acceptance as sho,,vn on the "Certificate of Completion"
as issued by the Engineer, or the date of Final payment by the Oviner, whichever bears the later date, all
necessai;, repairs, reconstruction and renewal of any part of said construction, and to furnish 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 or the improper function of any part of the construction work. The
Contractor shall reimburse the Ovnner for the costs of all Engineering and special services required to be
furnished by the Owner which wre directly attributable to the restoration of the constructed work. Said
maintenance contemplates the compLete restoration of the constructed work to a functional use during the
said period as set forth above. It is being understood that the purpose of this section is to require the
correction of all defective conditions resulting from materials furnished or work and labor performed by
the said Contractor under the conditions prescribed by the plans and specifications; and in case the said
Contractor shall fail or refuse to perform as provided within ten (10) days after proper written
notifications have been furnished to hire by the Owner, it is agreed that the Owner may do said work and
supply such materials and the said Contractor and Sureties herein shall be subject to the liquidated
damages mentioned in said Contract for each calendar day's 'failure on its part to comply with the terms of
the said provision_ of said Contract of this Nlaintenanea Bond.
NOW THEREFORE, if the said Contractor shall keep and persorm its said agreement to maintain said
work and keep the same in good repair for the said maintenance period as provided above, then these
presents shall be null and void and have no further effect, but if default shall be made by the said
Contractor in the perfonnance of its contract to do so maintain and repair damages in the premises, as
provided, and it is further understood and 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 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 mariner affected from any clause during said time.
IN WITNESS Vn4 REOF, the said B & R Utility Construction
(NAME OF CONTRACTOR)
has caused these presents to be executed by Jeff Reedy, President
(NAME OF CONTRACTOR'S AUTHORIZED SIGNER)
and the said Philadelphia Indemnity Insurance Company
(NAN- OF SURE e Y)
has caused these presents to be executed by its Attorney -in -Fact
and the said Fred A. Thetford, IV
(ATTORNEY-W-FACT OR OFFICIAL) (ATTORNEY -IN -FACT OR OFFICIAL)
has hereto set his hand this the 21 st day of February , 2020.
5-2
Philadelphia Indemnity Insurance Company
IN
B & R Utility Construction
PRENCIPAIL
Jeff Rebd-yjPksident
ATTEST:
By: ��� By:
SURrTY Fred Thetford SECRETARY
NOTE: Date of Maintenance Bond must not be prior• to date of contract.
Power of Attorney must be attached.
5-3
PERFORNM-NCE BOND
STATE OF TEXAS
CO1TNTY OF T ARRANT
Bond No: PB11509801683
KNOW ALL MIEN BY THESE PRESENTS: That B & R Utility Construction of the
City of Burleson , County of Johnson , and State of Texas , as principal,
and Philadelphia Indemnity Insurance Company authorized Linder the liws oI the State of Texas to
act as surety on bonds for principals, are held and firmly bound unto Toiap of Wesdake (Owner),
in the penal sun-i of One Hundred Ninety One Thousand, Three Hundred Twenty and 40/100 Dollars
( 191,320.40 ) 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 �,vith the Owner,
dated the 20th day of February , 2020, to
Build and Construct the 2019 Solana Blvd. Paving Repair Improvements
which contract is hereby referred to and made a pact hereof as nirly 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 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
(Article 5160 for Public Work) (Article 5472d for Private Worts)* of the Revised Civil Statutes
of Texas as amended and all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extend 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 flie work to be performed thereunder
:..Not applicable for federal wore. See "The Miller Act," 40 J.S.C. S270. 6-1
IN WITNESS WHEREOF, the said Ptincipal and Starety have sib ed and seal_cd this
instrument this 21 st day of February , 2020.
B & R Utility Construction
PP NCIPAL
By:
Title: Jeff Reedy, President
8625 Brooks Road
Address: Burleson, TX 76028
Philadelphia Indemnity Insurance Company
St=ETY
By:
Title: Fred A. Thetford, IV, Attorney -in -Fact
One Bala Plaza, Suite 100
Address: Bala Cynwyd, Pennsylvania 19004
The name and address of the Resident Agent of Surety is:
Fred Thetford c/o Contract Bond Agency, 2525 Ridgmar Boulevard, Suite 320, Fort Worth, Texas 76116
6-2
PA31WN T BOND
STATE OF TEXAS
COUNTY OF TAR AN T
Bond No: PB11509801683
KNOW ALL 1VIEN BY TREESE PRESENTS: That B & R Utility Construction
of the City of Burleson , County of Johnson , and State of Texas , as principal,
and Philadelphia Indemnity Insurance Companyauthorized under• the laws of the State of Texas to
act as surety on- bonds for principals, are held and au<nly bound unto Town of Westlake (Owner),
in the penal_ sum of One Hundred Ninety One Thousand, Three Hundred Twenty and 40/100------- —
Dollars ($ 191,320.40 ) 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:
Builcd an d Construct the 2019 Soliina Blvd. Paving Repair Improvements
WHEREAS, the Principal has entered into a certain written contract with the Ovmer,
dated the 20th day of February , 2020, to
which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein..
NOW, THEREFORE, THE CONDITI.ON 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, IOWEVER, that this bond is executed pursuant to the provisions of
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to the same extent as if it
were copied at length herein."
Surety, for value received, stipulates and agrees that no charge, 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 anyway affect its obligation
on this band, 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.
7-1
N WITNESS NESS WHEREOF, the said. Principal and Surety have signed and scaled this
111strunwrit this 21st day of February 2020.
B & R Utility Construction
By:
Title: Jeff Reedy, President
8625 Brooks Road
Address: Burleson, Texas 76028
Philadelphia Indemnity Insurance Company
SURETY
T1'
B y1
Title: Fred A. Thetford, IV, Attorney -in -Fact
One Bala Plaza, Suite 100
Address: Bala Cynwyd, Pennsylvania 19004
The name alid address of the Resident Agent of Surety is:
Fred Thetford c/o Contract Bond Agency, 2525 Ridgmar Boulevard, Suite 320, Fort Worth, Texas 76116
7-2
7121
PHILADELPHIA INDEMNITY INSURANCE COMPANY Bond No: PB11509801683
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jared Young, Fred A. Thetford, Jr., Tobin Tucker, Tom Young,
Diane Brown, Fred A. Thetford IV and/or Fred A. Thetford, III of Contract Bond Agency, LLC., its true and lawful Attomey-in-fact with full authority to execute
on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to
bind the Company thereby, in an amount not to exceed $50,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto; and
(2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27T''DAY OF OCTOBER, 2017.
1927
i
(Seal) •^•
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27°i day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
COMMONWE&r4 DF PENNS v
NOTARVJ.SEAL
Mo�g.n Kn:pD AolaN PoaS• Notary Public:
AiYC —1" RE%MnnlSe Ol 2GDenly
Aty Commissnn Evplrrs 8eD1. 25, 2Y11
residing at:
(Notary Seal)
My commission expires:
Bala C,nMd, PAPA
September 25,202125,2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27" day of October, 2017 are true and correct and are still in full force and effect. I do further certify
that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal ofeach Company this 21 St day of February 2020
I ,l2 1' Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
r