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HomeMy WebLinkAboutRes 14-11 Authorizing an Agreement with Business InteriorsA RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS AUTHORIZING THE TOWN O AN AGREEMENT WITH BUSINESS INTERIORS TO PROVIDE AND INSTALL THE OFFICE AND CLASSROOME FOR THE 1>EXPANSIONPROJECT, i AUTHORIZE , MANAGER! MAKE FUNDINGNOT t EXCEED $25,000.00 ON PROJECT.THIS WHEREAS, the Town of Westlake is working to become a leader in premier educational facilities and programs; and, WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, the option to select one contractor based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing; and, WHEREAS, the Town Council fords that the contract from Business Interiors to provide and install the offices and classroom furniture for the Westlake Academy Phase I Expansion benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and their parents; and, WHEREAS, the Town Council fords that the passage of this Resolution is in the best interests of the citizens of Westlake. NOW, ! ' < BE IT RESOLVED BY THE TOWNCOUNCIL TOWN OF WESTLAKE, TEXAS: SECTIN 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. SECTIN 2: That the Town of Westlake Town Council does hereby approve the agreement with Business Interiors and authorizes Town staff to purchase the office and classroom furniture, as it relates to the Westlake Academy Phase I Expansion construction project at the Westlake Academy Campus, attached as Exhibit "A",. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager approve change orders to this agreement up to $25,000.00 in the aggregate, on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the Resolution 14-11 Page 1 of 2 remaining provisions hereof and the Council hereby determines that it would have adopted this resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. ATTEST: Laura L. Wheat, Mayor KeV Edwar Q Town Secretary Thomas E. Brymer; wn Manager Resolution 14-11 Page 2 of AGREEMENT THIS AGREEMENT is dated as of the 3d day of March in the year 2014, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Business Interiors (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, shipping, materials, equipment, and incidentals for the Westlake Academy Expansion Phase I which include installing of all office furnishings for breakout space, conference room, workrooms, weight room, dining area, kitchen and classrooms listed in the scope. All manufacture and warranty information must be provided in three ring notebook and CD. Article 2. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (80) working days as provided in the General Conditions. Article 3. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or Resolution 14-11 Page 1 of 3 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: 7.1 Notice to Bidders consisting. 7.2 Instructions to Bidders. 7.3 Proposal. 7.4 This Agreement. 7.5 Pre-bid Bond, Performance Bond, Payment and Maintenance Bonds 7.6 General Conditions. 7.7 General Requirements. 7.8 Set of Plans. There are no Contract Documents other than those listed above in this Article 7. Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Resolution 14-11 Page 2 of 3 WESTL.AKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Summary BIDDER NAME: Business Interiors DATE: 2/19114 NO, SECTION SUBTOTALISECTION COST INSTALLATION COST TOTAL COST 1 ERG International $ 1,516.50 $ 125.00 $ 1,641.50 2 Global Total Office $ 36,768.65 $ 1,296.00 $ 38,064.65 3 Hausmann $ 2,915.61 $ 378.00 $ 3,293.61 4 Hon $ 7,676.16 $ 567.00 $ 8,243.16 5 National Office Furniture $ 92,086.97 $ 5,567.00 $ 97,653.97 6 Palmer Hamilton $ 24,444.40 $ 864.00 $ 25,308.40 7 Peter Pe er $ 1,173.60 $ 200.00 $ 1,373.60 8 Scholarcraft $ 46,450.72 $ 8,478.00 $ 54,928.72 9 Sico $ 35,444.44 $ 864.00 $ 36,308.44 10 Sit On It Seating $ 3,464.76 $ 189.00 $ 3,653.76 11 Virco $ 37,718.48 $ 2,106.00 $ 39,824.48 GROMMET COVERS & LABOR TO DRILL GROMMETS PER SPECIFICATIONS $ 430.00 FREIGHT CHARGES $ 2,738.41 TOTAL BID $ 313,462.70 Note: If awarded bid in entirety, Business Interiors will extend a savings of $3,062.00 for a bid total of $390,400.70 BEMETT- BEWER - PETTIT Westlake Academy ARCH ITECTS+ PLANNERS 13111.00 10. 1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on theday of ''' 2014. ..� OWNER: CONTRACTOR: ff///6t I Town of Westlake, Texas ' <-,j/ By: Laura Wheat, Mayor ATTEST: Kelly Edwards, wn Secretary Address for giving notices: ATTEST.—k1l 3 Village Circle, Suite 202 Westlake, Texas 76262 (If OWNER is a public body, attach resolution authorizing execution of Agreement. ) (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) Resolution 14-11 Page 3 of 3 NEW OFFICES CLASSROOMS • • OF WESTLAKE CIVIC CAMPUS• a •. PHASE x•10 • 1 Town CAROL , D•N — MAYOR ..• TEM CLIFTON COX RICK RENNHACK VICHAEL BARRETT WAYNE STOLTENBERG TOWN MANAGER Tom Brymer Town of Westlake 3 Village Circle Suite 202 Westlake, Tx. 76262 Phone 817-430-0941 Fax 817-430-1812 FACILITECH, INC. SPECIAL MEETING OF THE DIRECTORS October A3 , 2013 The undersigned directors being a majority of the directors of FACILITECH, INC., a Texas Corporation (the "Corporation) hereby consent to and approve the following resolutions and each and every action effected thereby: RESOLUTIONS Whereas, the directors desire to elect the officers for the corporation to serve until the next annual meeting. It is resolved, that the following persons are elected to the office set forth immediately below, until the next annual meeting and until his/her successor shall be duly elected: Chairman of the Board Joan L. Miller CEO Kathleen M. White Treasurer/Secretary Kathleen M. White Vice President Gregory J. Miller President Sally Smith Vice President—Finance Mary Arnett Vice President—MOI Debbie Hawkins Beasore Whereas, since the annual meeting of the Board of Directors held on December 9, 2011 the Board and the officers have engaged in various actions including, without limitation, the ongoing business of the Corporation. It is resolved, that all proceedings of the Board of Directors and all acts or actions taken by the Board and the officers on behalf of the Corporation on or after December 9, 2011, including but, without limitation, the actions described above, by the officers of the Corporation be, and the same hereby are, ratified, confirmed and approved in all respects and adopted as the acts of this Corporation. In witness whereof, the undersigned directors have hereunto signed their names on the date set forth opposite their names. Directors: Dated: Dated: (10� 9, M.'al/ Tf IT Miller, Director Kath/en M. White, Director Dated: _ Greg&'y ` Director U KNOW ALL MEN BY THESE PRESENTS, that we BUSINESS INTERIORS as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 1330 Post Oak Boulevard, Suite 1100, Houston, Tx 77056, as surety, hereinafter called the "Surety," are held and firmly bound unto TOWN OF WESTLAKE, TEXAS as obligee, hereinafter called the Obligee, in the sum of Five Percent ( 5% %) of the Amount Bid by Principal 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. New Offices and Classrooms from Town of Westlake Civic Campus WHEREAS, the principal has submitted a bid for Expansion Phase 1 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work coveted by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 17th day of February 2014 BUSINESS INTERIORS (Principal) BY: TITLE: k, letr dZ In P�- A e ,N x SureTec Insurance Company BY: Lisa M. Bonnot , Attorney -In -Fact Bid %20Bond%20uncapped_text[1].doc Rev 1.1.06 SureTec Insurance Company THIS BOND RIDER CONTAINS'i', COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. POA#: 4221097 SureTecInsurance Company LIMITED POWER OF ATTORNEY Know All Men by 71ese Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Lisa M. Bonnot, Robbi Morales, Don E. Cornell, Ricardo J. Reyna, V. DeLene Marshall its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be'it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20"' of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21 st day of March, A.D. 2013. „L ,, SURETEC INSURANCE COMPANY ���yRANCF<��e w; John Nnox Jr.President State of Texas ss: County of Harris •• s t On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., tome known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. co,av ous�� JACQUELYN MALDONADO Notary Public � State of Texas My Comm. Exp. 5/1812017 Jacquelyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. �) Given under my hand and the seal of said Company at Houston, Texas this �T" day of iG fQ _> I } _, A.D. Bredt Meaty, Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day bchrjeen 0,10 am rr:d 5:00 pm GST. n1:.....1.u. nonn'i 4QDIICINIIi1IT _ • -- - ACORD,. CERTIFICATE OF LIABILITY2/18/2014 DATE (MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wortham Insurance & Risk Mgmt. CONTACT NAME: PHONE817 336-3030 A No): 817 336-8257 A/C, No, Ext 1600 West Seventh Street Fort Worth, TX 76102-2505 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A, Cincinnati Casualty Company 817 336-3030 INSURED INSURER B: Hartford Underwriters Insurance 30104 Business Interiors 1111 Valley View Lane Irving, TX 75061 INSURER C INSURER D INSURERE: INSURER F: $ f =0T1IC1f`ATF AIIlKAQ9:R• RFVISICIN NtIMtSCR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRL WVD POLICY NUMBER MM/DDY EFF MPOL/DpY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR X BI/PD Ded:1,000 EPP0168242 12/01/2013 1210112014 EACH OCCURRENCE $1,000,000 PREMISES. occurrence $ 500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY D PRO -LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS EBA0168242 - 12/01/2013 12/01/201 MINED EaaccidentSiNGLELIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PRerOa RTY DAMAGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EPP0168242 12/01/2013 1210112014 EACH OCCURRENCE $10000000 AGGREGATE S10,000,000 DED I X RETENTION $0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ® (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 46WEZS6863 12/01/2013 1210112014 X T/ORYTLIMITS ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER GAN9-r_LLAI1UN Town of Westlake SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2600 JT Ottinger Rd ACCORDANCE WITH THE POLICY PROVISIONS. Roanoke, TX 76262 AUTHORIZED REPRESENTATIVE I O 1988-2010 ACORD CORPORATION. All rights reservec ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S436796/M418575 180AS This page has been left blank intentionally. x Town shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description; including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of Town, without; however, waiving any governmental immunity available to the Town under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of Town is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the Town for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. Company Name (Contractor) Signature Name (P.18 2(e Printf Title ^' 2 THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN FIVE (5) DAYS AFTER THE DATE OF WRITTEN NOTICE TO COMMENCE WORK, AND TO SUBSTANTIALLY COMPLETE THE WORK ON WHICH HE HAS BID WITHIN EIGHTY (80) CALENDAR DAYS AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK FOR 4% Greatest Amount 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. RESP CTFULLY SUBMITFD: p S BY: ms's SEAL - IF BIDDER A CORPORATION ESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Summary BIDDER NAME: Business Interiors DATE: 2/19/14 NO. SECTION SUBTOTAL/SECTION COST INSTALLATION COST TOTAL COST 1 ERG International $ 1,516.50 $ 125.00 $ 1,641.50 2 Global Total Office $ 36,768.65 $ 1,296.00 $ 38,064.65 3 Hausmann $ 2,915.61 $ 378.00 $ $ 3,293.61 8,243.16 4 Hon $ 7,676.16 $ 567.00 5 National Office Furniture $ 92,086.97 $ 5,567.00 $ 97,653.97 6 Palmer Hamilton $ 24,444.40 $ 864.00 $ 25,308.40 7 Peter Pepper $ 1,173.60 $ 200.00 $ $ 1,373.60 54,928.72 8 Scholarcraft $ 46,450.72 $ 8,478.00 9 Sico $ 35,444.44 $ 864.00 $ 36,308.44 10 Sit On It Seating $ 3,464.76 $ 189.00 $ 3,653.76 11 jVirco $ 37,718.48 $ 2,106.00 $ 39,824.48 GROMMET COVERS & LABOR TO DRILL GROMMETS PER SPECIFICATIONS $ 430.00 FREIGHT CHARGES $ E2,738.41$ ,462.70 Note: If awarded bid in entirety, Business Interiors will extend a sa=vings of $3,062.00 for a bid total of $310,400.70 BEWETT BEWEP - PETTIT Westlake Academy ARCHITECTS + PLANNERS 13111.00 WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - ERG BIDDER NAME: Business Interiors DATE: 2/19114 NO. I TAG DESCRIPTION I QTY. UNIT PRICE EXTENDED PRICE 1 1 S-12 ITabouret Height Upholstered Seat Metal Frame Stool 1 5 1 $ 303.30 $ 1,516.50 SUBTOTAL (ERG International) $ 1,516.50 FREIGHT CHARGES $ 130.00 INSTALLATION COST (ERG International) $ 125.00 ITOTAL COST THIS SECTION (ERG International) $ 1,771.50 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. BEMETT- BEMEP - PETTIT Westlake Academy ARCHITECTS + PLANNERS 13111.00 �N WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Global Total Office BIDDER NAME: Business Interiors DATE: 2119/14 NO. TAGI DESCRIPTION QTY. UNIT PRICE EXTENDED PRICE I M-1 Chair Dolly 12 $ 190.97 $ 2,291.64 2 S-6 Armless Stacking Chair 496 $ 67.90 $ 33,678.40 3 SC -1 Two Door Storage Cabinet 72"H 2 $ 199.07 $ 398.14 4 SC -2 Two Door Storage Cabinet 27.12"H 3 $ 133.49 $ 400.47 SUBTOTAL (Global Total Office) $ 36,768.65 INSTALLATION COST (Global Total Office) $ 1,296.00 ITOTAL COST THIS SECTION (Global Total Office) $ 38,064.65 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. BPN'4ETT- BEWEP - PETTIT Westlake Academy ARCHITECTS + PLANNERS 13111.00 WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Hausmann BIDDER NAME: Business Interiors DATE: 2/19/14 NO. I TAG I DESCRIPTION -QTY. UNIT PRICE EXTENDED PRICE 1 S-11 Clinic Stool 2 $ 121.39 $ 242.78 2 T-6 Treatment Table 2 $ 646.61 $ 1,293.22 3 T-7 Two Person Taping Table 1 $ 1,379.61 $ 1,379.61 SUBTOTAL (Hausmann) $ 2,915.61 FREIGHT CHARGES $ 405.26 JINSTALLATION COST (Hausmann) $ 378.00 ITOTAL COST THIS SECTION (Hausmann) $ 3,698.87 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. BEMETT- BEWEP - PE -MT Westlake Academy ARCHITECTS + PLANNERS 13111.00 WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Hon BIDDER NAME: Business Interiors DATE: 2/19/14 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. Please note that effective January 1, 2014 Hon experienced a price increase on commercial orders. At this moment TXMAS has not accepted the price increase but once accepted the new price will become effective immediately. If awarded, Business Interiors will notify you of the price increase as soon as the information is relayed to us from HON. The order will then need to be placed within two weeks of TXMAS acceptance of the price increase in order to honor the pricing per this bid. Westlake Academy 13EI' JETI` BEMER - PETTIT ARCHITECTS +.PLANNERS 13111.00 WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - National Office Furniture BIDDER NAME: Business Interiors DATE: 2119/14 NO. TAG DESCRIPTION QTY. UNIT PRICE EXTENDED PRICE 1 D -1L Work Wall Desk Unit With Left Return 3 $ 3,088.39 $ 9,265.17 2 D-1 R Work Wall Desk Unit With Right Return 3 $ 3,088.39 $ 9,265.17 3 D-2 U Shape Desk Unit 1 ' $ 4,600.32 $ 4,600.32 4 D-3 Metal Chassis Single Pedestal Desk 1 J $ 491.38 $ 491.38 5 D-4 Modified Work Wall Desk Unit With Right Return 1 $ 2,300.97 $ $ 2,300.97 4,316.42 6 D-7 Shared Office With Worksurfaces, Wardrobes/Files/Bookcases 1 $ 4,316.42 7 F-1 3 High Metal Lateral File 1 $ 439.40 $ 439.40 8 F-2 Mobile Metal Pedestal BoxlFile With Cushion To 8 $ 261.53 $ 2,092.24 9 S-3 Mid Back Task Chair/Hard Casters/Grade 4 Vinyl(Champagne)9 $ 440.62 $ 3,965.58 10 S -3A Mid Back Task Chair/Hard Casters/Grade 4 Vinyl Carbon 2 f $ 440.62 $ 881.24 11 S-4 Mid Back Task Chair/Hard Casters/Grade 7 Faux Leather 11 �' $ 490.57 $ $ 5,396.27 4,127.94 12 S-5 Guest Chair With Arms/Grade H Fabric 19 $ 217.26 13 S -5A Guest Chair With Arms/Grade 4 Vinyl Carbon 5 $ 166.91 $ 834.55 14 S-7 Mobile NestingChair On Soft Casters/Grade 4 Vinyl (Sapphire) 33 ` $ 259.50 $ 8,563.50 15 S -7A Mobile Nesting Chair On Hard Casters/Grade 4 Vinyl Carbon 8 - $ 249.75 $ 1,998.00 16 S-8 Sin le Seat Armless Lounge Chair/Grade 4 Vinyl (Sapphire) 2 V1 $ 685.90 $ 1,371.80 17 S -8A Sin le Seat Armless Lounge Chair/Grade 4 Vinyl(Blackberry) 2 $ 685.90 $ 1,371.80 18 S-9 Two Seat Armless Lounge Chair/Grade 4 Vinyl (Sapphire) 2,/,l $ 1,001.04 $ 2,002.08 19 S -9A Two Seat Armless Lounge Chair/Grade 4 Vinyl(Blackberry) 2 $ 1,001.04 $ $ 2,002.08 432.09 20 S-10 Mid Back Task Chair/Soft Casters/Grade 4 Vinyl Carbon 1 $ 432.09 21 S-13 Armless Wall Saver Guest Chair On Soft Casters/Grade 4 Fabric 3 $ 188.02 $ 564.06 22 T-1 Flip/Nest Training Table/With Power/On Soft Casters 5 $ 818.70 $ 4,093.50 23 T-2 Adjustable Height Training Table With Power 1 a $ 895.85 $ 895.85 24 T-3 S ware To /Static Four Star Base Table 4 $ 497.88 $ 1,991.52 25 T-4 90 De ree Occasional Table 2 $ 565.70 $ 1,131.40 26 T-5 Cylinder Occasional Table 2 vj $ 226.20 $ 452.40 27 T-9 Fli /Nest Training Table On Casters With Interlink Power 8 $ 882.46 $ 7,059.68 28 T -9A 1 Flip/Nest Training Table On Casters 8 J $ 846.72 $ 6,773.76 29 T -9B Flip/Nest Training Table On Casters 2 $ 586.82 $ 1,173.64 30 T -9C Flip/Nest Training Table On Casters With Power 2-7 $ 833.73 $ 1,667.46 31 T-10 Fli Nest TrainingTable 18"D x 48"W On Casters 1 $ 565.70 $ 565.70 SUBTOTAL National Office Furniture $ 92,086.97 LABOR TO DRILL GROMMETS PER SPECIFICATIONS $ 430.00 INSTALLATION COST National Office Furniture $ 5,567.00 TOTAL COST THIS SECTION (National Office Furniture) $ 98,083.97 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. Westlake Academy 13111.00 BEi E -FF- BEWEP - PETT T ' ARCHITECTS + PLANNERS 1 WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Palmer Hamilton BIDDER NAME: Business Interiors DATE: 2/19114 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. BEMETT- BEWER - PUTIT "I/ Westlake Academy ARCHITECTS + PLANNERS JV 13111.00 WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Peter Pepper BIDDER NAME: Business Interiors DATE: 2/19/14 NO. TAG I DESCRIPTION QTY. UNIT PRICE EXTENDED PRICE 1 M-3 I Mobile Work Station i Is 816.34 $ 816.34 2 1 M-4 lAdjustable Acrylic Front Literature Rack 2 1 $ 178.63 $ 357.26 SUBTOTAL (Peter Pepper) $ 1,173.60 FREIGHT CHARGES $ 203.15 INSTALLATION COST (Peter Pepper) $ 200.00] ITOTAL COST THIS SECTION (Peter Pepper) $ 1,576.75 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. BEWETT- BEWEP - PETTIT Westlake Academy ARCH I TECTS +PLANNERS 13111.00 WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Scholarcraft BIDDER NAME: Business Interiors DATE: 2119114 NO. I TAG I DESCRIPTION I QTY. UNIT PRICE I EXTENDED PRICE 1 1 D-6 lAdjustable Height Student Desk 1 212 1$ 142.28 $ 30,163.36 2 1 D -6A I Sit To Stand Student Desk 1 102 1$ 159.68 $ 16,287.36 SUBTOTAL (Scholarcraft) $ 46,450.72 FREIGHT CHARGES $ 2,000.00 INSTALLATION COST (Scholarcraft) $ 8,478.00 ITOTAL COST THIS SECTION (Scholarcraft) $ 56,928.72, Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. BEWETT- BEWEP - PETTIT Westlake Academy ARCHITECTS + PLANNERS 13111.00 WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Sico BIDDER NAME: Business Interiors DATE: 2/19114 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. Westlake Academy 13111.00 Bf:Wf:17- BEEP - PElTIT ARCHITECTS + PLANNERS WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Sit On It BIDDER NAME: Business Interiors DATE: 2119/14 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. BEWETT- BEWEP - PEMT Westlake Academy ARCHITECTS + PLAN114ERS 13111.00 WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Virco, BIDDER NAME: Business Interiors DATE: 2/19/14 Notes: Taxes will be applicable until receipt of sales tax exemption certificate. Installation is quoted for delivery between normal business hours. No overtime. BEWETT- BEEP - PETTIT Westlake Academy WARCHITECTS + PLANNERS 13111.00 9737 Great Hill Tail, Suite 320 Austin, TX 78759 512-732-0099 Bond No.: 4395106 KNOW ALL MEN BY THESE PRESENTS: THAT, BUSINESS INTERIORS (hereinafter called the Principal, and SureTec Insurance Company, a corporation organized and existing under the laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto TOWN OF WESTLAKE, TEXAS (hereinafter called the Obligee), in the amount of I Fee Hundred I en I housandour Hundred and 701100 Dollars ( $ 310,400.70 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 3rd day of March 2014 for New Offices and Classrooms Westlake Academy Expansion Phase 1 which contract is hereinafter referred to as the "Contract." NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work required by the Contract then this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of March 2014 Rev. 11.11.2003 Principal: BUSINESS -I M Tec I M. Bonnot Attorney -in -Fact Please refer to Attached Rider for Important Notices and Coverage Information 9737 Great Hill Tail, Suite 320 Austin, TX 78759 512-732-0099 (Public Works) Bond No.: 4395106 KNOW ALL MEN BY THESE PRESENTS: THAT, BUSINESS INTERIORS (hereinafter called the Principal), as principal, and SureTec Insurance Company, a corporation organized and existing under the laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto TOWN OF WESTLAKE, TEXAS (hereinafter called the Obligee), in the amount of Three Hundred Ten Thousand Four Hundred and 70/100 Dollars ( $ 310,400.70 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 3rd day of March 2014 for New Offices and Classrooms Westlake Academy Expansion Phase 1 which contract is hereinafter referred to as the "Contract." NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of March 2014 Rev. 11. 11.2003 Principal: BUSINESS -INTERIORS Bonnot Attorney -in -Fact Please refer to Attached Rider for Important Notices and Coverage Information POA #: 4221097 Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Lisa M. Bonnot, Robbi Morales, Don E. Cornell, Ricardo J. Reyna, V. DeLene Marshall its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company; Beit Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted ata meeting held on 20'' of April, 1999.) In Witness gliereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March, A.D. 2013. Ytik\UI)IIIIII VN,,. ` SURETEC INSURANCECOMPANY 9og° BY. LUA Johx J President State of Texas ss: County of Harris • ...... s f On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. �1 io �Y �ue�a JACQUELYN MALDONADO A Notary Public � A. State of Texas 9�o E (\ My Comm. Exp. 5/18/2017 Jacquelyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day ofi A.D. A ABreBeaty, Assistant 'eeretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may ca?[ (713) 81? -0600 any business day between 8:00 am and 5:00 pm CST. SureT a Company THIS • D RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof.