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Home My WebLink AboutRes 22-78 LSI Replacement of Academy HVAC Units (2)['11 M1111 Rom 11109 re: oil PINK Saffilm Killil�I.Xv,"*W#]K*IQLIILIIIloloolli 11-3111161111*161 WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, the roof top units on the PYP I & 11 buildings were installed in 2003; and, WHEREAS; the unit supplies AC and heat to the classrooms and office areas in the PYP I building; and, WHEREAS, the unit needs to be removed and replaced due to the age and ongoing maintenance of the units and there is a 13-week lead time on getting all of the parts and materials for the units; and, WHEREAS, the current lead time for the units is 6 to 8 months and, WHEREAS, the service meets best value for the replacement and the bid requirement for the state of Texas; and, WHERE AS, the Town Council finds that the passage of this resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SE!L,TION 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 of Westlake Town Council hereby authorizing the Assistant Town Manager to approve the bid proposal for $110,322.99 to remove and install two rooftop units at the Westlake Academy as attached as Exhibit "A" and authorize Assistant Town Manager to make funding changes not to exceed $25,000 on this project. SECTION 3:, If 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 22-78 Pagel of SE_CTION 4- That this resolution shall become effective from and after its date of passage. ATTEST: Sean Kilbride, Mayor Amy M. Pi0kana, Town Secretary Troy l Meyer, kssislantTown Manager APPROVED AS TO FORM -, 7, A L. Siai)tati Lowry- Towr) Attorney Resolution 22-78 Page 2 of 2 L1 VA L1 10 0 THIS AGREEMENT is dated as of the day of in the year 023, by and between the Town of Westlake, Texas (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: UTZ= 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 removal and replacement of 2 to 5 Carrier 27-ton VAV Rooftop unit, 460-volt 3-phase with economizers to be replaced with like for Pike equipment, utilizing the existing roof curb penetration. Model numbers being replaced are 50AK-027-72040. Serial numbers are 0603F15786 and 0603F15788, See Exhibit A for details. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work by July 28, 2023 as provided in the General Conditions. 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 imeasured quantities and the unit prices stated in the Proposal. FA 711fiff 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. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations. WA Roof'Fop Unite 2023 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, 6A. 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. • Specifications Exhibit A There are no Contract Documents other than those listed above in this Article 7. WA Roof Top Unite 2023 OWNER may terminate contract if CONTRACTOR persistently falls 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 Wo& 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 end 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, Twu cuunterparis 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 -Z 0 day of �- - 202y, By: Sean Kilbride, Mayor 0 0 0 0 0 0 WE %10734 Me: BT 0 ATTEST: �.�..., ��ATT"EST: I Amy M. Piukana, Town Secretary WA RoofTop Unite 2023 1500 Solona 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.) WA Roof Top, Unite 2023 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 or 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 ror its own beriefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. Corn an me (Contractor) t'tghature Name (Please rin e C Title WA Roof op Unite 2023 6. � d1C"rVw-rJ S December 22, 2022 Logical Solutions, Inc. 407 International Parkway, Suite 406 Richardson, TX 75081 Re. Notice to Proceed with remove and replace of five rooftop units at Westlake Academy campus, 2600 JT Ottinger Rd. Mr. Tarver, As a result, from the December 19, 2022, Town Council meeting. This letter shall serve as your notice to proceed with ordering five roof top units to be install at Westlake Academy Campus, located at 2600 JT Ottinger. The cost of the project should not exceed $255,256.00 as shown in the attached proposal. Sincerely, Troy J. Meyer Assistant Town Manager Office: (817) 490-5735 Mobile: (817) 829-6974 CC: Mayor Sean Kilbride 1500 SOLANA BOULEVARD. BLUiG. 1, SM 7200 4 WESTLAKE. TEXAS 1626'2 e WESTLAKE-TX.ORG - 817.430.0941 Westlake Academy LS1 PROPOSAL . ... . .......... PREPARED FOR: PROPOSAL DATE: LIMITING DATE: . . .......... . . Troy Meyer 12.21.2022 01.21,2023 PROJECT NAME: PREPARED BY: Westlake Academy Scott Elliott —Account Executive-HVAC 2600 JT Ottinger Rd. 214.738.7787 Rooftop Package Units selliott@lsicontrols.com PROPOSAL —(LSi) Proposes to furnish labor, equipment, and materials to remove and replace- (2) Carrier RTLI's. We will replace with like for like equipment, utilizing the existing roof curb penetration. Model numbers being replaced are 50,AK-027-72040. Serial numbers are 06013FI5786 and 0603FI5788. There is an additional alternate to add (3) like for like carrier units to the scope of work PRICING The below pricing includes applicable sales tax. 50%, down upon agreement. Payment terms: Net 30 days; Progress payments Project Price Tax Total RTU Replacements city of 2 $99,851.00 Exempt $99,851.00 Adder to replace (3) $155,405.00 Exempt $155,405.00 additional RTUs Total Price for (5) RTU $'255,256.00 Exempt $255,256.010 . ...... .....R.e.plac�emen..t s Thank you for your consideration of Logical Solutions, Inc. for this project. We look forward to working with you and your team. Please feel free to contact me anytime with questions. . . . ...... . . ................. . . APPROVAL AND AUTHORITY TO PROCEED . ............. . ........ ... We ar)r)rove the oroiect as described above and authorize the team to oroceed. NAME V SIGNATURE TITLE DATE 407 InternaVonai Pkwy, Suite 436, Richardson, TX 750811972-437-5500 1: wvvvWsiroWols.coM LIC # TACLA4923C 11 TXR1553D Regulated by The Texas, Department of Licensing and Regulation, P.O. Box 12157, Austin, 7X 787'11„ 1-800-8013-9202, 512-463-6599, ww),v.Rcemestate.tx.us, LOGICAL. SOLUTIONSJNC, SCOPE OF WORK MECHANICAL • Arrive on site and check in with security • Begin staging equipment and tools • Isolate power to existing RTU's • Perform Lock Out/Tag Out procedures Stage crane and begin setting up for lift on and lift off procedures • Disconnect and remove existing RTU's Install new Carrier units on existing curbs (Verify curb adaptors are not required), Disconnects are in good shape and we are not replacing them Make plumbing, mechanical, and electrical connections Start-up and, test new RTU's Install new thermostats for each unit Program and set schedules according to customer demand Commission new units and dispose of all trash and debris Check back in with customer once complete Disconnect and reconnect of Automated Logic Controls currently in place. ADDITlONAL ITEMS • Confirm location for crane set-up • Provide waste manifest for disposed or recycled refrigerant • All work to be done during normal business hours HVAC SCOPE OF WORK EXCLUSlONS 0 Plumbing outside of the HVAC system; Fire Sprinklers; Acoustical Engineering and noise reduction provisions; Fire and Life Safety equipment and its components; project bonding; engineered drawings (not required for in -kind unit replacements); permit fees. Emphasis provided: Contractor shall not exclude all necessary supplies, materials, equipment, appurtenances, and labor required to provide a field repair. • Warranty, repair and/or upgrade of the existing mechanical, plumbing and electrical systems, air distribution and control systems found in disrepair or not compliant to code. Any and all systems and defects which require repairs/replacemients as a result of pre-existing conditions. • Controls; complete ductwork air balancing; economizers (not required by code). • Any and all hazardous materials work, i.e. asbestos, lead etc. • All work is to be completed during normal working hours between 7am and 5 pm 407M,ternaVanaiPkovq, Suite 406,Richardson, TX 75031 1 972-437-5500 LIC. # TACLA4.923C I TXB15530 RegWated by The Texas, Department of Licensing and Regulation, P.O. Box 12157, Austin, Tx 78721, 1-800-903-9202, 512-463-65919,,�vw%v.11cense.state. M�us;. Lmjm GOLI CA L. EQUIPMENT SPECIRCATiONs Factory Installed Options 0 VAV Vertical With GreenSpeed intelligence 0 No Electric Heat 0 27 Tons 0 460-3-60 a EconaMiser ® "Al/Cu Condenser, Al/Cu Evaporater with Variable Compressor * Galvanized Drain Pan a 2-inch Filter Track 0 Barometric Pressure Relief 0 10 HP Supply fan motor with Varia!ble Frequency Drive (VFD) and with VFD 0 Bypass 0 115v Convenience Outlet-, Field Wired 0 Controls Expansion Module (CEM) with Phase Monitor 0 Non -Fused Disconnect 0 Standard Ambient 0 Compressor Years 2-5 Parts Only a Direct Replacement / No Curb Adapter Required / CDI 2106736 ® Warranty (Parts only): 1-year complete Unit, 5-years Compressor, 10-years Heat Exchanger. 407 Anternational Plkwy, Sule 4D6, Richardson, TX 75D81 1 572-437-550D � www.1sicontrols.com LIC. 9 TACLA4923C I TX31553D Regulated by The Texas Department of Ucensing and RegWatiDn, P.O. Box 12157, Au,5t!n, TX 78711, 1-800-803-9202, 512-463-6599, %wj1,?,r.hcense.stateAx.us. LOGICAL SOLUT101j,15,1K. 2. Parties, Logicat Soldmars, Ins, is returned to herein as 'Seller" and the Raised, firm or other entity purchasing as indicated on the front hintuchis referred to heroin as "Buyer.' All on.cerni goods, cawkras, or mold-rairdise described on the front Ile— J� chances, .1 type including musi delivered to the job sto of to an offeror fablity, and far all wol performed ensure and ol are referred to herein as "Pital.sts," A. Aquesuptance of Purchase Orders Quotation, Fdrantall by Seller do not consuirde an offer to sell. Onoadicne are based upon avaight-firce labor. Any requests by the Buyer for atiartinnewurk shall be astraidered an e Jbil , 'Go written or and suirder,of Buyer shall baccurreabinchargabilliation otSellarunless and until Seller has lastred fbarder confirriationvirprowidedheren, son ropes"i"'! " Seller reserves it,, rlso' " "post any .,do, based on Buyer', creddenurtinness Sales olffstoostshourecurels, waspiplear: to And Include Ill. Tsurru Conditions at Sale set forth Ierem andare a' pressly conditioned upon Biryri assent to any Te,ans "d Conditions of Sale herein which are additional to or ii heyeat from any Terms or rouselchaos of Sale contained Ion any order sillitimliati by BUyarr. Without limiting the genalailty of the foregoing, no acknowid.dgment by $,.flat of a' reference by Seller to ., parkamemay, by Seller under any order sidernined by Buyer Shall be doomed to be an acceptance by Seller of a" terms or conditions contained in such order which are is to or contrary See Terms And Corldif,cus of Sale contained herein. a. Other Canicallulthars' Seller esenory, to its sole andrument and discretion when and Order what circumstances It will approve any order changes and/or cancellations If cancellations are accepted, a caercelDhom charge may be charged I. Boyar I. accordance arith Solar's than current cancellation polary. PI and Poxiol is) Unless othery,15,,. stated, all Prices are F,O B. Seller's facility raprocifirad on tire front natured, and include standard packaging. Prices do not Include applicable so]", use, excise, ad valolarn and Similar later. All Stich saxes will be added to Seller s husky as. Separate charge, and vAlf be paid by Buyer. Jib) ',*I or urasany.s the uhgm to jn,,Or,2 Buye,nmatirlyfi,imtheProducts Engineering, 40finga,ld chiral mobilizaluou costs incurred prior to,naklialfion shall be included IM Sellers initia9 dooicelrd be equal m2Sfla.fthceQmhr.qT price. Unless otherwise crowded on this front honest, the purchase price For Products Solid hereunder shall be due and payable in tire full Invoice amount In U.S. dollars w1mm 30 days from the date of hovohe. prouided j1;tXbg_— Oral Seller reserves the right In its sole discretion to cancel or change credit terms and to request advance payment at any time Any check or remittance racaqvad From of For the accour t if Boyer more be accepted tru applied by Stile, against any indebtedness or oWirnificer owing by Buyer to Seller, without prejudice to and without discharging the remaidderof any such mcfe.1stedhoss or .1bligefl-, regardless of any corl pm�is.r, statement, legend a, nctUl.n appearing; on, referring to, or accompanying such check at ramittence, (a) Any a a .... is payable 1. Seller h.—rd., which are root paid when out sholl thereafterbear firi at the ran, of eighteen percent I] K6) per month or the maximum, amount permitted by applicable law, whichever Is less. flume us of the essimoo Of .111 payment, than hereunder, and if any payment due Seller us collector at law, or through on ce tand., advise In ... Front, or through - arril-Jon id-mri, Ri agrees to Pay air costs of colle.corm. Including, without hirtntatiort. All count cast, and reasonable attorney's to,, Jal Upon the failure of Buyer to make any payment when due hicremonI our in the event of chdault, iii ce repudiation by Buyer or any slatilgaton, to Seller, whether carntrudri heroin or athruu.iae, Or if Buy., became. ,.solvent, .solvent , sells a meeting of irs creditors or IF any bankruptcy, insolvency, reorganisation or arrangement proceeding is cormnenced by or against Buyer, Seller Shall 1— ir, (in rdifiri.to r1i nifirris and remedies Seller may Have , , law a, in equity the aPt sa to: if cancer this and any other transaction with B,you (if) defer any delhirefie, to Buyer; or IIIQ declare tire III purchase price of all Pi courts sold hereunder immediately due and payable. (a) IF $yfle-itfrees to way Or rates the method or terms of payment with respect to any under placed by Buyer, .a], war lansid or relaxation shall not affect in any manner whatscoeor Seller's right thereafter as to the t or any other artier to raomm payment ir, accordance with the terms specuroed farem, 1, S .... ity lot.,. . To seem. Ncylar's obligations freummurl S.Ihe, ur--a a ..-.lay interest net all Products old fise—ems, toratch., with all proceed, Timnied, until all toyunions with rispi to are Products I been rose ived by Syllor Buyer i so. amanom by Sells, to perfect and mountnin they security interest reserved herein. gave, hereby constitutes and irreyonably urprecurn, Seiler as Its agent and attromey-m-fast for the purpose of yearhime any and .]I financing statement" not ce. end 'thler dticurnent, their may be re,c—c,y from time to sons, Far Seller to perfect and maintain the saturity interest reserved herein. Z. Deliveryand Risk Entreat otherwise provided an the Front hereof; delivery ofItirco-ity hantmod—hinl be F.O.B. S.N.".1-Ilasys. Sell" gross to make.—lemmer", far and an behalf of Buyer, Far the carriage and Insurance of the Products to the address Shown an the front side hereof, by such means and carrier as dieterminesi by Seller reduce otherwise designated by Bum., in verting. 1. .11 .,as Buys, shall rximb.,sc Seller For any additional .axis or charge, for ,ip— delivery or similar thipmeinn Uri otli fdoi - the Front herself, any arrangements and expenses Incurred by Seller for carriage and insurance of Products shad be For the account of grayer, chair be allied in, S.ye,..d slink be put and payable together with tire purchase price For the Products. Seller maysidia Products in priffianshipmerns and Seller reserves the right to inturrefor partial Thipmerns- Buyer oukt—ledges that she dalweruy date Isow, an the front hereof is in requested delivery di Seller shall are —S.n.blu, efforts to arrange Ship,,,.,% of Products I,, arstordsmen wall any sales set forth on the front rde hereof, but such delivery bear, are not. gorromeen,l B. Deferred Velieri . if 5,.Lair derfa do'larrIstat, Buy,.,', request, Buyer Shall indemnify Sell—fic—P .11 In. ad additional ..pan,. I ...... it by Seller I,, mmuntonwith .at, rfu,fri—d dark ... IS., incushug, without limuninou, demurrage, handling, storage, Insurance and similar charter. Transfer to storage ShcI1: be considered delivery for all pramnv hereunder, anduching rx.m.g anal payment, and during such starafte Burger Shall bear all risks of lose or damage Is Products in recordeacp with trip terms of peregrairsh 6 4 jJnngSA]&Aooht1. Spite, —oll, that the Precious sold hereunder xhaR be free from defects In ry c,kman,hip and mxui for a perund of ant, year from tire rule, at delaory. In the I rhar any Product qoi nomponern t Fit. reoff sold hy, ound., prams to be care. rhos during the warranty period, "[for', sale abl6gaddrs., and Buyer', Sole remedy, shall be time .par, us, reakinvenerear . F the defective Product for comporenal, at Sellar's ori Seller shall bear costs or transporting ,, the replacement Fri I., 'ampenconl, Under no circumstances may Layer return any Product or component to Seller without prior sarvien permussIon froin Seller. EXCEPT AS EXPRESSLY PROVIDED IN TRIS PARAGRAPH, SELLER MAKES NO REPRESENTATIONS 09 WARRANTIES REGARDING THE PRODUCIN OF ANY BIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIFDs INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND SELLER HEREBY DISCLAIMS THE SAME, S. KnL.Simrs. The warranty provided by.Seller Shall ..I apply to any damage Or failms of any Products resulting from accident, fore, indalse intruding, without (imitation, any use not In aosendince with Seller's Pirbithand sporif curn.as for the prod .tall, Cup, msrur Installation, marop"r .ti ts runisdific.ii.ne .11—tiont, tampering or failure to properly maintain the Produsts. BuSfy, cil be responsible for ansunnig chat tire Products meet its. ,ri re'la,emen1% and Seiler hall have, no re,pi linr I,, connecurs a I nth 'ur"di 6. Luditficir, of Liability. in no event 'IbUl Seller be Noble to Buyer or arry other lots n . frm - unity; Pur,rms), whether I. contract or or tort, 0, hd- any other legal therary, fackpoing, wnhi lhair.u.n, atillip-se or Surat lati far lost pdfin, or ,oerme,, Irs, of m,a or similar ersocirric ]—, ., far arry indirect, special, incidental, consequential ., shraid., damages tniamk cut OF a, ern ctirmcaten with the Safe, calreary, nim-ci —vinug, use, maim on—ce, bachoor aricati ltrallynon, n Mo., —a—hip, cetyse—icn, operation s.I.atioh, u—purt.tii en.i.hrea.- ar, sutima .1 any .1 tire Produces, ., far any cl.ro anothe traluv Bin", by any other Person, s— ifSabor has loe,nadvised of the Frossiblittrofs,ch claim in no asset shall Sells,'s liability end., any d.mr, nuride by Boyer exceed the, purchase price of the Products in respect of which Such vclaimo is rnarde, 7. BuylarsReareach The. Huyer'5 remedies with respect W Products found to be derourrive In racuseral or wrulkinuarsinits shop be limited —imiyely to theni Function armphustrarem rds.ch collective equipment IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS MASER UPON BREACH OF IMPUED WARRANTY) FOR ANY OTHER DAMAGES, WHETHER DIRECir, IMMEDIATE, FORESEEABLE, CONSEQUENTIAL, ORSPECIAL OR FOR ANY EXPENSES INCURRED BYREASON OFTHE USE OR MISUSE OF EQUIPMENT WHICH' DOES OR DOES NOT CONFORM TO THE TERMS AND CONDIFILONS OF ANY CONTRACT RESULTING rftCrA THIS PROPOSAL 12. Frscomala= Sell., Shall oat be hable far aly, clsfach, or delay in the perfamnance of any of its oblilladorns hereunder if such default or delay Is posted, directly a, mdurs,%Iy, by fire flood, earthquake, rho claimants, in ottrar rosin ouss—ints'; labor dispute,, suilIes, or lockouts;wars ids,I—d or andedonath, ruccollinn, or vevokoh— In any oemi not,ar civil disorder; Lormi attack,; visaid.run, or mi --hiles; hrou-mri of bou".'raticn, or commu,ocau— ladfrar, a, delay, III tamut .1 ca,uam,yicaficxu, supply after rages cor the Ell of any carry to perform any commitment to Seller relative In the production a, delivery of any equipment or maLudal required by Soria, to perform its obligations hentuatI laws, rulings, ocoulationt, dodisions or requiremicti whether valid, r—hrl, Formal ut, informal, of alp any it,wamment, nribri or g-mmoveriest oFeuray, board m fi,o afL or Any tire, cause whether simils, ., dia,lonfla, to ar-mi s eate unheroin, beyond Seller'reasonable control. SeLe-hall notify Beyer archer happening of any such inotudgerurry with,- 4 reasonable called -IF time If sous to in --on delay, picrommums. surturat, be c—plecad within the original colod far py,formairs., the period for perfumulcuma. h.IF be extended fora Parried of teme to show for commerann of perficurrommm, 13. lsrl-raohlurrreceps InLinnicationscrinAssuaturincent Boyar shall no; asoliki (l Were. . No failure .it dive- part of Seller to everase, .,,,I — delay by Sarin, at m.xvrru,er any right, pu.,,a .1 remedy hiqrsunda, shall operate As a waiver thicuradu our sindIl any 5ingli, a, pri crcrin�r or any II pi or " ', dy Salter Sal sur troubled. any oth., Or ford ........ is. tharnaoil or Ifs. re—Ase of any The, light, po,cr or renoexpressexprwarrendy. No express warren or assent by Seller so any breach of or defruft, in curvy term or condition of thus Agreement ,hall franstntme . ways, of or ao asurvt to any aut—ding biriu-.h of car default in dr. me or any a fire, term an ionifilker, I—ocrf. Ui f3pyn-unp _L... This document and if aroundnn—ts, mod ifitali ns, fteritiony or supplements hesnetar, and all right, of The pauthas,hu—nds, shall cati—Ossi by and r.anstrtrarl sand erifs,axrif Ino—virmo with the I—e of In. State of r—c, snitrunin regard to is principles oft flrct:s of I., li) Heading . rl . heathers describing an. aninients of P-diril at paragraphs are unsorted only far convenience and Shall net do construed o5 a part hereof or . o invitation' on or ousinentratur at III scope Or any of thus temp, or pyrniencers contained fereurt, EM�,coem. These Terms and Conditions Supyi all prior d—A!,- one agreements between the preth,5 wAh respect to tire sapless ni frourcolf, and contains the toll, and M1,ub,o agur-r-rd bay -en lhe pru,uw. whi, respect to the matters r-cured henoty. try way of lifustrahon and not by'rruavol limisracm, aII orders submitted by Bwvp, shall be electrical to hes.riso,.ce oviiii exromforn all of thnl"ar— and Cooditioun, of Sale cueltamed never. —c-thsatrit'not; any addino-ef or contrary terns and -dirra,; contained therein U.IeSs Sella, shall -mossiv.si Bay,, 1. all, runt—S he writing ali fir-, the pi,i at cook srrdar, a. 'cl'—derill"o"t bV 5,411" or ,, r er-r"'. by sensor 1a or pe, aran'—re In, SOL,r,rvte, a, xndre do, in, in h.0 b" d"a-var le v— -ra"aa,i, he SrIr,r r . ru,—, ., —i,urui,,.n—,,,.i.r-,r ym--h,sh.ix.,rmddraerurl 1r or or 'cry to the farm, and Corruption,; of Set ar.ataincd d—m. nee remne ..,I c.ndhicy, of Setscatsaared heran, may trot be madeffied or ....s.. kd ani I an [.Wenarnt I. —C% suffmadl by one of Seller', only "tharced con',," 407 international Pkvq, Suite 406, Richardson, TX 750811972-43,7-5500 f tomw.15ilcontrots.com UC, # TACLA4923C I TX813530 Regulated by The Texas Department of Ucensing and RegWation, P.O. Box 12157, Austin, TX 78711, 1-800-803-9202, 512-463-6599, vNghzlicense.state.tx.us. PERFORMANCE BOND STATE OF TEXAS COUNTY OF TARRANT BOND No., 4462299 KNOW ALL MEN BY THESE PRESENTS: That Lo Mc�ons, Inc,(contractor's company) of the Town of Richardson County of Dallas and the State of Texas, as principal and SureTec Insuran Com an (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 �.f t. t.i � r-tir .l°,h,� tl "rwoltwJx Wt? I�t�^ sib ??CR' Dollars ($255.256.00) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 19th day of December 2022, to Town of Westlake/Westlake Academy Phase I Expansion 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 27th day of December 2022. B i u�" Logical Solubons, Inc ureTec Insurance Company y Title—y� B Tithe: elix Nav ar, Attu -Fact Address 407 International Pk 406 Richardson TX 75061 Address: 21 Wiest Bivil; Suite 1300 Houston TX 77042 The name and address of the Resident Agent of Surety is: WA Roof Top Unite 2023 PAYMENT BOND BOND No. 4462299 BOND No. STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Lo Ical Solutions, Inc. (contractor's company) of the City of - RiMarg1 County of D lias and the State of as principal, and SureTec Insurance Company (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 the Town of Westlake, Texas (Owner), in the penal sum of Two Hundred Flft -fNe Thousand Two Hundred Fifty-six and No/10,0 Dollars ( themselves, 56.0 �rrd tl�--are' heirs ad ministrators, for the payment whereof„ the said Principal and Surety bind dministrators, 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 1g'ih day of December 2022 , to Town of West lake/West'lake Academy Outdoor Learning Stations which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect: "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein." Surety„ for value received„ stiputates 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 27th day of December 2022. -Logical Solutions, Inc. SureTec Insurance Com an Principal Surety By. ' 1 By. „a Title: _ Title: Felix Navejar, Fj eyin-Fact Address: 407 International Pkwv Address:2103 Cit West Blvd.. Suite 1300 Houston TX 77042 #406 Richardson TX 75081 WA Roof Top Unite 2023 MAINTENANCE BOND BOND No. 4462299 THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS THAT: -------- L29!9al Sotltutiorls tnc, (contractor's company), as principal AND-----S�ureTec ln�surance Co (surety company), A corporation organized under the laws of — Texas —, 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 lad_,13yq unto said Town of Westlake, and its successors, and said principal and sureties do hereby bind themselves, -plyinu sitniAvii their assigns and successors jointly and severally. THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said Lqgical Solutions, Inc. (contractor's company) has this day entered into a written contract with the said Town of Westlake to build and construct Civic Campus Outdoor Learning Stations 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 furnished in the construction or any part thereof or any of the accessories thereto constructed by the contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said contractor, and sureties on this obligation, and the said contractor 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 ands effect, and said Town of Westlake shall have and recover from the said contractor and ts'principal and sureties damages In the premises, as providedry 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 fult amount shall have been exhausted; and R 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 -- WA Roof Top Unite 2023 IN WITNESS THEREOF, said JpqjQgLg9lML1R1jsNnc has caused these present to be executed by its President and The said SureTec insurance Company(name of surety company) has caused these Present to be executed by its' attorney -in -fact and said Attorney -in -fact Felix Naveiar (name of attorney) has hereunto set this hand, this the 27th day of, December 2022. PRINCIPAL. „_t_o ical Solutions„ Inc, SURETY: T c insurance Qfrrr any.... g Name of Contractor's Company Name of Insurance Company Logical-atlutions hag Signature.}.—) Name of Representative — Title (Print) SureTec Insurance Company signature irethl, Att v i actName of (Print) WITNESS: ATTEST: c e utnes Signature,m.. _ SECRETARY — Signature N/A NOTE: DATE OF MAINTENANCE BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, WA Roof Top Unite 2023 ��tt9pDP�p�,. `. * " z nVs"a y J WW reecIsce Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll -free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite320 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#: 512-490-1007 Web: httP)/www.tdi.texas,aov Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS 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. Texas Rider 8/2019 Project: Removal and RpotacermCint of 5 goofTote Units at Westlake Acamdpmy C4pItlSuw, 2600 JT Ottinxer Bel,. Obligee: Town rrf Wetstla o, Principal: kogtal Solutiori5. Inca Bond #: 446229.9 POA #s 4221029 S .reTec Insurance Company LIMITED POWER OF ATTORNEY Know AllMenbyThese Present,%That SURETEC INS RAN'CpCOMPANY(the"Company"),a corporation duly organized and existingunderthe laws ofthe State ofTexas, and havingits principal officein Houston, Harris County, Texas, does by these presents make, constitute andappoint Clem F. Lesch, Eric Lesch, Melissa Lesch, Felix Navejar its true and lawful Attorney -in -fact, with fullpowerand authority hereby conferredin 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 conttacts and consents of surety for, providing the bondpenalty does not exceed Ten Million and 001100 Dollars ($10,000,000.00) 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 co rporate seal of the C ompany and duly attestedby its Secretary, hereby ratifyinga nd confirmingall that the said Attorney -in -Fact may do in the premises. Said appointment ism a de under andby authority of the followingresolution s ofthe Boardof Directors of the SureTec Insurance Company: Be i! Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary sh all b e and i s hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Pact to represent and act for an d 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 powerof attorney or certificate bearing facsimile signatureor facsimiles Cal shall be valid and bindingupon the Company with respeetto any bond or undertaking to which it is attached. (Adapted ara meeringheld on 20,4 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 7m dayof jury , A.D. 2021 . SURETEC INSURANCE COMPANY Pita t�+l o� cucr By. Michael C. Kelmig, President State of Texas ss: County of Harris On this 7th day of July , A.D. 2021 before me personally came Michael C. Keimig, tome known, who, beingby me duly sworn, did dep o s e 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 sea] affixed to said ins trumentis 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. =CHAVEZVEZNg of TexasN11765-9l xpirss lta"M+4!ory 1"tlble l 0, 024 4y contmissuou expjrt s Sept mbex 10, 2024 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 atHouston,Texas this 27th day of December , 2 22 A.D. ��ttllll111� i1 A1"J M.13 entlleaty,AssistantA.ray l ° Any Instrument Issued In excess otthe penalty stated above is totally void and without any. vaiidity. 4221029 For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. tf, w d Bond(s) produced by:�r PCL Contract Bonding Agency 1452 Hughes Rd H229, Grapevine, TX 76051 972-459-4749 WWW.�E ndsm c ry bondrettuesi pclbtand