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Home My WebLink AboutRes 00-45 Authorizing a Contract with Leigh EngineeringTOWN OF WESTLAKE RESOLUTION 00-45 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT IN THE AMOUNT OF $1,604,646.00 WITH LEIGH ENGINEERING, 8908 AMBASSADOR ROW, DALLAS, TEXAS 75247, FOR THE CONSTRUCTION OF THE TOWN'S DUCT BANK ALONG THE FUTURE PRECINCT LINE ROAD, KIRKWOOD BLVD. AND SAM SCHOOL ROAD; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town designed a duct bank as part of the Town's right-of-way management strategy to consolidate the telecommunications conduit into one location. The strategy will leave room in the right-of-way for other utilities, while also locating the telecommunications conduit in a known location to reduce the risk of damage to the duct bank. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, hereby authorizes the Town Manager to enter into a contract in the amount of $1,604,646.00 with Leigh Engineering, 8908 Ambassador Row, Dallas, Texas 75247, for the construction of theTown's duct bank along the future Precinct Line Road, Kirkwood Blvd. and Sam School Road. SECTION 2: That this Resolution shall become effective upon its passage and approval. PASSED AND APPROVED ON THIS 13th DAY OF NOVEMBER, 2000. Via- . Scott Bradley, Mayor ATTEST: &-nW Crosswy, Town Qcretary Trent O. Petty, Town MIdager APPROVED AS TO FORM: tomo r , Town Attorney SPECIFICATIONS AND CONTRACT DOCUMENTS FOR NOVEMBER 2000 DON REDDING LARRY SPARROW SCOTT BRADLEY MAYOR BOARD OF ALDERMEN FRED HELD - MAYOR PRO TEM TRENT O. PETTY TOWN MANAGER W. JEFF WILLIAMS, P.E. TOWN ENGINEER TURNER ENGINEERS, INC. CONSULTING ENGINEERS TWO ENERGY SQUARE 4849 GREENVILLE AVE., SUITE 1200 DALLAS, TEXAS 75206-4130 PHONE: (214) 378-5200 GRAHAM ASSOCIATES, INC. CONSULTING ENGINEERS & PLANNERS 616 SIX FLAGS DR., SUITE 400 ARLINGTON, TEXAS 76011 PHONE: (817) 640-8535 9'7 1, Re BUDDY BROWN BILL FREY TOWN OF WESTLAKE TELECOMMUNICATIONS DUCTBANK SPECIFICATIONS AND CONTRACT DOCUMENTS TABLE OF CONTENTS "A - ADDENDUM NO. 3 Standard Form of Agreement/General Conditions/Bonds (Green) F-Aveyl NY: V0 10111 TO 101 Bid Proposal Form (Yellow) Boring Logs FAW: Q:$hl , 1911] Coring Logs Note: On Page G-14 (Addendum No. 3) the word "Arbitration" (Paragraph G.6.05) has been changed to read "Mediation.,' 2143785200 fOW-114 OF 71 A -w= 44 October P_02 TurnerC-FG Turner Critical facilities Group Brian L. Eisenrich, Pi= Managing Director 4849 Greenville Ave. Voice: 214-378-5200 Suite 1200 Fax: 214-378-5222 Dallas, T.- 75206 Cell: 214-912-1533 beisenrich@TUmerCFG.com www.Turno-rCFG.com 4849 Greenville Avenue • Suite 1200 • Dallas, Texas • 75206-4130 • Phone. 214-373-5200 a Fax. 214-378-6222 5. Bonds: Payment Bond; and Performance Bond; and Maintenance Bond ,• The contractor and the surety's representative shall complete All applicable Bond forms. 6. Power of Attorney or Certificate of Authority of Attorney(s) In -Fact (issued by the surety's company) 7. Town of Westlake Certificate of Insurance form (to be completed by the insurance company) 8. Affidavit Re Provision of Insurance (to be completed by the contractor and Insurance company) 9. Indemnification by the Contractor (to be completed by the contractor) 10. Contractor's Certification of Worker's Compensation (to be completed by the insurance agent) 11. Amendment CG 25 03 11 85 (Per Project) (provided by the insurance company) . NOTE: From October 1998, the form CG 25 03 03 97 Designated ConstructionProject(s)•- Aggregate r. be avFrom that date, the Town of Westlake will accept such form, or the most current that is available in the market instead of CG 25 03 11 85. ailable. Ar ,a) All signatures must be originals. i The form CG 25 03 11 85 (or the most current one in use) wwust be included as part of the contract, (if it was part of the General Provisions and Requirements i' Bid .: ! _ ,c) Make sure the appropriate forms have en correctly notarized. Im oct-o5-00 02:40A ar. .I O71 Item # 1: Bid date is moved to October 10, 2000 2143785200 P.03 Item # 2: Notice to Bidders, Instructions to Bidders, and Division One of the Specifications are hereby issued to all present at the pre-bid conference. (Note: Other Divisions of the Specifications are covered by notes and/or details on the drawings.) Item # 3: Furnish unit price per linear foot for concrete encasement for 2x12 Ductbank. Refer to Addendum Detail DET -1.1. Item # 4: Furnish unit price per linear foot for concrete encasement for 5X5 Ductbank. Refer to Addendum Detail DET -1.2. Item # 5: Furnish unit price per linear foot for alternate 5X5 Ductbank configuration. Refer to Addendum Details DET -1.3 and 1.4. END OF ADDENDUM #1 1of1 I TOAD @ffi mri'- 2143785200 P.04 YY ESTLAKE TURNER ENGINEERS, iNC Ai ADDENDUM v1 DATE 1C!C4/EC Oc-t-05-00 02:41A 2143785200 P.Os IN 1 0 TurnerCRG WESTLAKE 1614 C-4— �1- �"o EN6TNEEIRS, INC DET -1.1 $ a iO/04/ _ADD:-:-NDUt-I 4 Dj&TF� 00 Oct -05-00 02:41A SIDE VIEW OF kf,-*-VHOL-c & TRENCII GROUND UNE FU TJR I SAND FOUR[ LATERAL DUCT BALIN k5 - A, P'/C 1 SAND kl4'N DUCT BANK 7, - 4' 0 V(' 2143785200 9- N -C< FLITiRE SAND rUTURE LATEPAL DUCT TA��-K 15 4- FVC LqO 0 G � b000 7 coda ! L-- SAND* loc000 100000 (001)00 MA n �Jfl-1 8AN-K 0�n 25 _ 4. P VC ,C 4� HN 11 SANC' SAND Ml T7=M=T =Tp:: P-06 TurnerCFG T- G� 1640 5 M WESTLAKE TURNER ENGINEERS, INC. DET -1.3 ADDENDUM #1 Oct -05-00 O2:42A 2143785200 P_O7 CUT - VIEW OF TRENCH GR L 0 UNE WTH BACKFILL TRENCH WITH tYIDEBRIS ERE MATERIAL TAMP G ( r- TO 957. COk±P?:CTIOr: i-1. NARNINi, TAPE 'CUSHION SAND I1,ATERA!I- I -E � DUCT BANK -` Fl WA RNING TAPE i U3HION SAND DUCT BANK BACK HONE TurnerCFG ESTLAKE • t>a�.. o t,�:.• [.atoms. �•. r TURNER ENGINEERS, INC. •t. [�.-v[-sza t6Av ADDENDUM ff1 DATE: 10/04/00 Sent By: Turner Engineers, Inc.; 214 378 6222, Oct -6-00 3:02PM; Pac Sent By: Turner Engineers, Inc.; 214 378 6222; Oct -6-00 3:02PM; Page 3/3 Item # 1: Bid date for Telecom Duct Bank Project #2000-001 is moved to November 2, 2000, 2 p.m. (CST). Item # 2: Mandatory Pre-bid conference to be held at Town Hall October 25, 2000, 1 p.m. (CST). END OF ADDENDUM #2 1 Of 1 ADDENDUM NO. 3 t0 the SPECIFICATIONS AND CONTRACTS DOCUME T FOR TELECOMMUNICATIONS DUCTBANK OCTOBER 13, 2000 TOWN OF WESTLAKE SCOTT BRADLEY MAYOR BOARD OF ALDERMEN i .O. ,RRATEIV DON REDDING BUDDY BROWN LARRY SPARROW BILL FREY TRENT O. PETTY TOWN MANAGER W. JEFF WILLIAMS, P.E. TOWN ENGINEER �P a TURNER ENGINEERS, INC. gE •., , 7N,.. t CONSULTING ENGINEERS �s�,•'• is{g TWO ENERGY SQUARE �� 4849 GREENVILLE AVE., SUITE 1200....................... ....1.•..... WILLIAMS .. a . DALLAS, TEXAS 75206-4130 ®®. , ........ PHONE: (214) 378-520065174 ••�� GRAHAM ASSOCIATES, INC. li%%OtiAL CONSULTING ENGINEERS & PLANNERS 616 SIX FLAGSyDR., SUITE 400 ARLINGTON, TEXAS 76011 PHONE: (817) 640-8535 e TOWN OF WESTLAKE, TEXAS TELECOMMUNICATIONS DUCTBANK Bids to be opened Thursday, November 2, 2000 at 2:00 p.m. ADDENDUM NO. 3 October 13, 2000 The following modifications, clarifications, additions, or deletions shall be made to the appropriate sections of the Contract Documents: AWARD OF CONTRACT: Clarification: It is the intent of the Town of Westlake to issue the remaining plan and profile sheets, SWPP and tree protection details on or before October 20, 2000 in order to allow sufficient time for interested bidders to review the complete design of the Telecommunications Ductbank prior to the second mandatory pre-bid meeting. The second mandatory pre-bid meeting will be held on October 25, 2000 at 1:00 p.m at the Town Hall, 3 Village Circle, Suite 207, Westlake, Texas 76262. The Town of Westlake intends to receive bids by 2:00 p.m., November 2, 2000 at the Town Hall. The Town intends to award the contract for the telecommunications ductbank at the first November Board of Aldermen meeting, which will be held on Monday, November 13, 2000. BID PROPOSAL: Clarification: The contract for this project will be unit price contract. The Bid Proposal will be reissued with Addendum No. 4 and will be similar to the Bid Proposal included with Addendum No. 1. SPECIFICATIONS: Modification: All previously issued versions of the specifications for this project are superceded by the specifications included with this addendum. PLANS: Modification/Clarification: The plans and specifications issued immediately following advertisement (under separate covers) will be completely superceded by plans and specifications issued with this addendum and Addendum No. 4. Plans to be issued with Addendum No. 4 will include plan and profiles for Telecommunications Ductbank along Kirkwood Blvd. and Sam School Road. The complete Bid Proposal will also be included with Addendum No. 4. Details and specifications included with this addendum will be applicable to installation of ductbank in Kirkwood and Sam School Road also. RECEIPT OF THIS ADDENDUM SHALL BE ACKNOWLEDGED IN THE APPROPRIATE SPACE IN THE CONTRACTOR'S BID PROPOSAL krol*ld PART A: NOTICE TO BIDDERS PART B: INSTRUCTION TO BIDDERS IB -1-3 INSTRUCTIONS BP -1 BID PROPOSAL - BID FORM - BIDDERS REQUIREMENTS - AFFIDAVIT RE PROVISION OF INSURANCE - INDEMNIFICATION BY CONTRACTOR - SUBMITTAL DOCUMENT - EXPERIENCE RECORD PART C: CONTRACTS AND BONDS SF -1-2 STANDARD FORM OF AGREEMENT - CONTRACT SF -3 CORPORATE ACKNOWLEDGMENT SF -4 PARTNERSHIP ACKNOWLEDGMENT SF -5 SINGLE ACKNOWLEDGEMENT PB -1 PERFORMANCE BOND PB -2 PAYMENT BOND PB -3-4 MAINTENANCE BOND SI -1 CERTIFICATE OF INSURANCE SI -2 CONTRACTOR'S CERTIFICATION OF WORKERS' COMPENSATION PART G: GENERAL PROVISIONS AND REQUIREMENTS SECTION G-1 DEFINITIONS OF TERMS AND ABBREVIATIONS SECTION G-2 PROPOSAL REQUIREMENTS AND CONDITIONS SECTION G-3 AWARD AND EXECUTION OF CONTRACT SECTION G-4 SCOPE OF WORK SECTION G-5 CONTROL OF THE WORK AND MATERIALS SECTION G-6 LEGAL RELATION AND PUBLIC RESPONSIBILITY SECTION G-7 PROSECUTION AND PROGRESS SECTION G-8 MEASUREMENT AND PAYMENT PART CS: CONSTRUCTION SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS SECTION 01000 GENERAL NOTES SECTION 01010 SUMMARY OF WORK SECTION 01050 COORDINATION SECTION 01160 HYDRO -MULCH SEEDING SECTION 01320 PROGRESS REPORT SECTION 01515 TEMPORARY WATER SECTION 01516 SOLID WASTE DISPOSAL SECTION 01533 BARRICADES SECTION 01562 DUST CONTROL SECTION 01572 FLAGMEN SECTION 01710 CLEAN UP SECTION 02200 SAND BACKFILL TOWN OF WESTLAKE DEPARTMENT OF PUBLIC WORKS ADVERTISEMENT FOR BIDS Sealed bids addressed to the Town for the construction of a telecommunications utility ductbank (underground ductbank) are requested no later than (NLT) 2:00 p.m., Thursday, November 2, 2000 (CST). Each Proposer shall identify his sealed Proposal by typing on the outside of the envelope: TOWN OF WESTLAKE BID #00-01 ATTN: GINGER CROSSWY TOWN SECRETARY 3 VILLAGE CIRCLE, STE. 207 WESTLAKE, TX. 76262 The Town shall receive, publicly open and read aloud the names of the proposers in the Town Hall located at 3 Village Circle, Ste. 207 in the Town of Westlake at 2:00 p.m. on Thursday November 2_,_2000. All bidders are welcome to attend. All responses and requests for clarification/information shall be addressed in writing to: TOWN ENGINEER TOWN OF WESTLAKE 3 VILLAGE CIRCLE, SUITE 207 WESTLAKE, TX 76262 Or email: Beisenrich@teinet.com Vfritz@teinet.com All email requests shall be titled: Telecommunications Utility Ductbank. Respondents may also fax questions/comments to: Turner Engineers, Inc. (214) 378-6222 Attention V. Fritz AND B. Eisenrich. Formal responses to all applicable questions will be posted on the Town's web site wvw.westiake-tx.org within 24 hours. SCOPE OF WORK The underground ductbank consists of approximately 18,000 linear feet of utility construction along future Precinct Line Road at the southern Town limits traveling north to Kirkwood Blvd, and terminating at the northeastern Town limits, in addition to a branch along Sam School Road tapped from Kirkwood Blvd. The underground ductbank is constructed of twenty four (24) four inch (4") conduits in a 2X12 configuration, routed approximately six (6) feet below finished grade. The underground ductbank shall be installed per the Contract Documents in every detail, to include manholes, pull boxes, racking hardware, and other appurtenances required for a complete and functional installation. Plans and Specifications have been sent to the qualified bidders who attended the mandatory pre-bid conference. A deposit of $200.00 will be required, which will be refunded if the documents are returned in good condition within three (3) days of bid opening. The Contractor is also required to be familiar with the additional governing specifications: North Central Texas Council of Governments Public Works Specifications Town of Westlake Public Works Specifications There will be an additional mandatory pre-bid conference at 1:00 p.m. Wednesday October 25", in the Town Hall. Failure to attend the pre-bid conference required by the Contract Documents will result in bids returned unopened to Respondent. Submission of bid and award of Contract by a Respondent indicates their acceptance of the requirements of the Contract Documents and associated governing Specifications. The Town of Westlake reserves the right to reject any or all bids, and to waive any formalities. The Town of Westlake is committed to the ideals of equal opportunity, and strongly encourages participation by NUB/MBE/WBE business enterprises. 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 installation of telecommunications ductbanks in the Town of Westlake. In the bid proposal, the bidder shall fill in the blanks for the "Total Unit Price" and the "Total Price." For those copies of the contracts that are to be executed, the "Unit Price Labor" and "Unit Price Materials" shall, in addition, be filled in by the bidder who is awarded the contract. See Section G2 - Proposal requirements and conditions. 3. INTERPRETATION OF QUOTED PRICES In case of difference between the written words and any figure in a proposal, the amount stated in writing will be considered as the bid. The contract method will be unit pricing based on actual lengths of duct bank installed. 4. DISCREPANCIES IN BIDS In case of lack of clearness of a proposal, the owner will adopt the most advantageous construction thereof or reject the bid. 5. UNBALANCED BIDS Unreasonable or unbalanced unit prices will be cause for rejection of any bids. 6. INTERPRETATION OF SPECIFICATIONS Any questions as to the meaning of any specifications will be answered by addendum which will be sent to all who have been furnished with contract documents and plans. The Contractor, in so far as is practicable, will be expected to give preference to employment of local citizens. The Contractor shall furnish all materials, regardless of their nature except as noted in the special provisions and/or plans. RI 9. MANUFACTURERS CERTIFICATE The Contractor shall furnish, if the owner so requests, a certificate from each of the manufacturers whose materials are used on this project stating that the materials and supplies fulfill or exceed the requirements set out in these specifications. 10. AFFIDAVIT OF BILLS PAID Prior to final acceptance of this project by the owner, the contractor shall execute an affidavit that all bills for labor, material, rental, subcontractor's work and any other incidentals have been paid in full and there are no claims pending of which he has been notified. 11. PLANS TO CONTRACTOR The contractor will be furnished with three (3) sets of plans. Should he desire more than three (3) sets, he may buy them for $50.00 per complete set. 12. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE Attention is called to the fact that a minimum scale of wages to be paid to employees engaged in the work under this contract does not release the contractor from compliance with any state wage law that may be applicable. The contractor shall abide by the wage and hour laws of the state and must not pay less than the rates prescribed. 13. TIME ALLOWED FOR CONSTRUCTION The contractor shall commence work in not more than 30 calendar days after the work order has been issued and shall be substantially complete within 150 calendar days of issuance of the work order. Liquidated damages shall be charged in the amount of $5,000 per day for not completing the work within the alloted time. The days charged shall begin at the earlier of the date the contractor proceeds with construction or 30 calendar days after the work order has been issued by the Town of Westlake. The Contractor shall submit in writing to the Town any request for additional time due to weather delays. The Contractor may bid a shorter time of completion, which will be considered by the Town in evaluation of the bids. The bid proposal will have a place for the bidder to reflect the construction time. 14. SPECIAL INFORMATION - SALES TAX The owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor shall comply with al statutes and rulings of the State Comptroller. The Contractor will be required to complete and execute, at the time of executing the Contract, the "CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE" which follows the proposal. I 15 All authorized change orders will include a "Statement of Materials and Other Charges". On unit price contracts, a final change order will be required to make final adjustment to reflect actual costs for sales tax data. The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Type of Insurance 1. Workerman's Compensation 2. Commercial General Liability (Public) As set forth in the Worker's Compensation Act. Each Occurrence $500,000 General Aggregate $1,000,000 Products Comp/Ops Agg.$1,000,000 The Town of Westlake shall be an additional insured on the Commercial General Liability (Public) Insurance Policy furnished by the Contractor. Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non -renewal or any material change in coverage, a notice thereof shall be given by certified mail to the Town of Westlake, 3 Village Circle, Suite 207, Westlake, Texas 76262. Companies issuing the insurance policies shall have no recourse against the Town for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. Proof that the insurance is in force shall be furnished to the Town. The coverages provided herein shall be primary and noncontributory with any other insurance maintained by the Town of Westlake, Texas, for its benefit, including self insurance. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the Town of Westlake, the Contractor shall furnish the Town proof of identical continued coverage no later than thirty (30) days prior to the expiration date shown on the Certificate of Insurance. The Contractor shall not commence work on any Contract in the Town of Westlake until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the Town. R: (Bid Form To be included with Addendum No. 4) MW FB-�DDERS REQUIREMEETS (Must be signed by the Contractor) The Town of Westlake wishes to thank you in advance for bidding on this project. Please be aware of the following requirements for bidding flown of Westlake work. It is important that you read and understand these qualification factors in order to achieve a rapid and smooth completion of the process. Correctly completing the forms (such as CG 25 03 11 85 form, if it's required) will affect how quickly the order "to proceed" and "to start the project" will be issued. All pertinent documents required by law and these instructions must be correctly completed. A successful completion of them, will not only benefit the Town of Westlake, but also you as the contractor, because among other things, the money reserved for the project will be ready to be used in your project and prompt scheduled payment may be made without any further delays. If you are unable to comply with formal requirements or fail to exercise due diligence in completing the required contract forms, the contract may be awarded to the next lowest bidder for the reason time is of the essence in these projects. THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND IT'S INSURANCE COMPANY: 1. Proposal (to be completed by the contractor) 2. Experience Record (to be completed by the contractor and must be notarized) 3. Standard Form of Agreement (to be completed by the contractor) 4. Corporate Acknowledgment; or Single Acknowledgment; or Partnership Acknowledgment NOTE: Which ever is applicable to the contractor, just one must b,,�;- completed, and shall be notarized. im POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY 139859 PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES FIRE INSURANCE COMPANY a Corporation duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Donald E. Bowles, Jr., Bill Henry, John D. Fulkerson, Jane Passino, Kae Gibbons, Michele Degnon, and Donnie Doan of Dallas, Texas, each its true and lawful Agent(s) and Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings ------------------- -----------w_____ _ ------------------------- - ------------------------ and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey, in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5`h day of October , 2000. F s �E Attest: 5 Assistant Secretary __ Herbert H. Linder STATE OF NEW JERSEY) ss.: COUNTY OF MORRIS ) UNITED S TES FIRE SURANCE COMPANY r for Vice President Peter J. Daly On this "5th day of October. 2000, before the subscriber, a duly qualified Notary Public of the State of I�'e�v Jersey, came the above-mentioned Vice President and Assistant Secretary of United States Fire Insurance Company, to me personalhv known to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year first above written. (Sizn gned) (Seal) Notary Public Catherine A Sincavage Notary Public of New Jersey MY Commission Exoires July DATE (MM/DD/ Y) OYM Of WBS fl 8 CERTIFICATE OF INSURANCE 12-1-00 tx�ary Henry Bowles Troy,TT, THIS CERTIFICATE IS ISSUED AS A MATE TR OF INFORMATION ONLY AND CON -ERS NO : _l 12700 Park Central #1700 ADDITIONAL RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES E=LOYV Dallas, TX 75251 IVJUfI�U Leigh Engineering, Inc. L, Rone Engineers, Inc. Ambassador Row Inv. LC 8908 Ambassador Row Dallas, TX 75247 CUM1tPAN1�S AFFORDING COl•'RA"E CO .tPANY A American Int'~ Specialty Lines Ins. Co. COMPANY B FTnnl n�rrn�rMut-iia-1C' - asiia l +v COMPANY C COMPANY D THIS IS TO CERTIFY TO THE DIRECTOR OF PUBLIC WORKS THAT =_ FOL LOWING POLICIES OF INSURANCE, SUBJECT TO THEIR TERMS, CONDI T IONS AND EXCLUSiDNS -.A, ISSUED BY THE COMPANIES COVERING THE INSURED NAMED E=OW FOR THE TYPES OF OPERATIONS AND AT THE LOCATIONS DESCRIBED HEREIN. ri IS UND.RS; OsD Ap;r- I ~GREED THAT NONE OF THE POLICES REFERENCED HEREIN WE—' =E CANCELED, CHANGED, REDUCED IN COVERAGE, OR ALLOWED TO EXPIRED WITHOUT AT LEA -ST RYS ADVANCE WRI T i EN NOTICE BY CERTIFIED MAIL TO 7r.= DIRECTOR OF PUBLIC WORKS AT THE ADDRESS LISTED UNDER C_RTI=ICATE HOLDER BELOW. ` TYPE OF LIASILITY 7 POLICY NUMBER i EFFECTIVE EXPIRATION LIMITS ? �{ -DATE DATE �- GENERAL' LIABILITY i _ _. _ _ G -NERAL AGGR=GATE LX' COMM GEN L Relu Y PRO 619 0119 8 - 2 0 - q 0 8 - 2 0 - _jf�2cuu 0 I i CLAIMS MADE PERSONAL d ADV INJURY -- I CITY ADDITIONAL INSURED - F.UTOMOBILE LIABILITY A -NY AUTO i S a ALL OWNED AUTOS B FRO?RIETTORI.=ARTNERS.' : SCHEDULED AUT OS I i HIRED AUTOS -I- NON -OWNED AUTOS I C1, Y ADDITIONAL INSURED— + i I OTHER GE LIABILITY l ANY AUTO _ _ 7 ) cm• ADDiTIONA.L ENSURE[) I - ) EXCESS LIA31UTY UMBRELLA FORM j OTHER THAN UMBR CITYADDITIONALINSURED - WORK=RS' COMPENSkTiON j EMPLOYER LIABILITY B FRO?RIETTORI.=ARTNERS.' : INCLUDED EXE CUT I,EEE OF PIC ER AR INCL j EXCL PRIA, sk Builde!5 Risk NAMED INSURED I OTHER CHECKMARK Ptcrtrscs"JpmGonz S�r�^oMhi«Ct-tar;Ness Preduc:s• veno:. Cgeru..ns OwneriCorL�_ .r.' Pete_.•e A EACH OCCURRENCE } n n FIRE DAMAGE(arry ene 5re)_ %'1 .+5 t{ O O MED EXP (any one person) UU. COMBINED SINGLE LIMIT t c BODILY INJURY (pc person) SCDILY INJURY (per acddent) S c PROPERTY DAMA -- AUTO ONLY -E,: ACC:DERT OTHER 7H_N A T O ONLY: EACH CDENT EACH OCCURRENCE- AGGREu=.TE i I STATUTORY I-141 S -- -- I 8-20-068-20-01? HR IDEM; -- i i-- 1i_00000 I DISEASE - POL_Y LIbL'T I _ 1 DIS -EASE -EACH E!d?! pYE_ I La t I • t J 7 1 -'ACHED TO THESE POLICIES CG 2503 -Am,r ,d Aggregate Uire cf insa-a "� F,q�iosion. C.ft ?s d Lh dergro d : anage ;XC.;• iFxc d 2ouh, Iryvy ` i -. oaG Form PC ! Personal Injury, wig erroloyme:t ez�.-sior, eeietr S EP ERTIFICATE HOLDER�. , - / iJ , 1 ' •CEL I.:TICfi : I HE TOWN OF WESTLAKE has been named an additional ins_,red by an endorsement to the Should any of the above described policies be canoe_ coverages, other than Workers' Compensation and Em ;oyer_' Liability, listed herein with he e- iration date thereo`, the- issuine company wL. t P Y ## before t ..p n regard to the Insured's activities under this Project and all premiums arising from the mail at leas' thirty (30) days advance written; n -`ice overages herein shall be the responsibility of the Insured_ certificate hoider by certified mai. v 1 — ' S;.aeC to xic.• ler-t;. rnnditons enc e� mons, spedfiC Cor -z` :; E;aDiUy ccs= -•-e :s :.-w Gr' zs tatows: i _, -_ � Authgr.Zed RepresAr`ative j' i C•r�' fo: [abi:N assumed Dv :�e Ins:: ed tRider 5 Con,z� w:^, tie Dow,: c":. szke ter Vie ooeraDorvs des :-.bed herei2 j 'rT F` Conte zes between Vie L^s:: eC and :ie Town of Wesya�e / � i On this -L-St day ofDeCemberl9 0persor i� aopearec Walter Dela Rosa an zvhorize: representative of t _S�}a v 1\ name o. p. �c::ce j loop,+-. = me to be L'ie person whose name is subscribed to Lie fore eine irsVumen' and 4N'o,—.rvp d to m : he'she exec- .ed the me for Lie o; _ose of p•v-.-r_ ;^a; Lie Irsure";is co,ered by -he policies of insurance indicate^ b w ffAEGIIBBONS j I. • lL) F® J® cNota y Public ' an .'or Lhe 5 ote of 1,� My .. :ssion Expires .7t8t6 VI 1®Y+S$ 4 o• Comm. Exp. 6-23-2004 .Note: Similar form may be used. CST 1 M R Contractor's Certificat• of • Compensation I, Walter DeLaRosa representative of Employers Mutual. Casualty (insurance company) that the workers' compensation policy, of Leigh Engineering, enc., on the "Certificate (contractor's compar_ � ) meets all current Texas stale laws and requirements. B: Y (Signature) Title: �i/` //Z,� / t an authorized _, do certify the insured of Insurance" Address: 12700 Park Central "1700 Dallas, TX 75251 Date: 12-1-00 On this lst day of December 2000 , personally appeared Walter DeT�aRosa an authorized representative of Employers Mutual Casualty known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose of certifying that the Insured is covered by workers' compensation in accordance with current Texas state laws. My commission e 'air es: i KAE GIBBONS Notary Public State of Texas Gomm. Exp. 6-23 2104 SI -2 AFFIDAVIT RE PROVISION OF INSURANCE I have discussed the insurance requirements of this project with my insurance provider and have supplied them with the portion of the Instructions to Bidders that contains the insurance specification. I understand that a failure to provide the insurance coverages required and proof of same is grounds for rejecting my bid. M NAME TITLE I HAVE REVIEWED THE INSURANCE REQUIREMENTS CONTAINED IN BID # AND DETERMINED THAT OUR AGENCY CAN PROVIDE THE NEEDED COVERAGES. I WILL EXECUTE AN UNMODIFIED CERTIFICATE OF INSURANCE REFLECTING THE REQUIRED COVERAGES ONCE THE CONTRACTOR HAS ACQUIRED THE COVERAGES FROM US. MTJ� Cnsurance Company DatT 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 flown 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) Title M. THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN TEN (10) DAYS AFTER THE DATE OF WRITTEN NOTICE TO COMMENCE WORK, AND TO SUBSTANTIALLY COMPLETE THE WORK ON WHICH HE HAS BID WITHIN 150 CALENDAR DAYS AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK FOR 5% 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 TEN (10) DAYS AFTER THE SAID PROPOSAL IS ACCEPTED BY THE OWNER AND RECEIVED BY THE UNDERSIGNED; OTHERWISE, SAID CHECK OR BOND SHALL BE RETURNED TO THE UNDERSIGNED UPON DEMAND. THE UNDERSIGNED HEREBY DECLARES THAT HE HAS VISITED THE SITE AND HAS CAREFULLY EXAMINED THE CONTRACT DOCUMENTS RELATIVE TO THE WORK COVERED BY THE ABOVE BID. RESPECTFULLY SUBMITTED: :T List of projects bidder has successfully completed: Amount of Date Name and Address Contract Award Type of Work Accepted of Owner List of projects bidder is now engaged in completing: Amount of Date Name and Address Contract Award Type of Work Accepted of Owner List of Surety Bonds in force on the above uncompleted work: Amount of Amount of Name of Surety Contract Award Bond Company Acknowledgment on next page must be filled in. Submitted by: with principal office at •619 • Date Incorporated Under the Laws of Executive Officer State of _ County of is the (State) (Title) a partner an individual a corporation •. . Date Formed State whether partnership is general limited or associated. List of Members: being duly sworn, deposes and says that he of (Name of Organization) and that the answers to the foregoing questions on the attached forms and all statements herein are true and correct; that the experience record is made a part of this affidavit as through written in full herein, and all statements and answers to questions given in the above mentioned experience record are true and correct. Sworn to before me this 20 My Commission Expires: (Seal) (Signature) day of Notary Public STANDARD FORM OF AGREEMENT As Adopted By THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS October 7, 1971 Revised November 17, 1928 Revised April 15, 1932 Revised October 27, 1934 Revised October 19, 1945 Revised April 28, 1954 Revised April 21, 1960 Revised October 7, 1971 Approved as to Legal Form by Legal Council STATE OF TEXAS COUNTY OF DALLAS THIS AGREEMENT, made and entered into this 29th day of November 2000 , A.D., by and between THE TOWN OF WESTLAKE of the County of TARRAN'T and State of Texas, acting through the MAYOR thereunto duly authorized so to do, Parry of the First Part, hereinafter termed OWNER, and Leigh Engineering Inc (Contractor's Company)_ of the City of Dallas County of Dallas and State of Texas Parry of the Second Part, hereinafter termed CONTRACTOR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the Party of the First Part (OWNER), to commence and complete the construction of certain improvements described as follows: Town of Westlake Telecommunications Ductbank (Name of Project) and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and , other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof and SF -1 the Specifications and addenda therefor, as prepared by Graham Associates Inc. herein entitled ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR written Proposal, the General Conditions of Agreement, and the Performance and Payment Bonds hereto attached; all of which are made part hereof collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within thirty (30) calendar days after the date written notice to do so shall have been given to him, and to substantially complete the same within 154 calendar days after the date of starting construction which shall be within thirty days of notice to commence work. (For Each Schedule) The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms part of this contract, such payments to be subject to the General Provisions and Technical and Special Provisions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. TOWN OF WESTLAKE Party of the First Part (OWNER) By: SCOTT BRADLEY, MAYOR ATTEST: ATTEST: GINGER CROSSWY, TOWN SECRETARY Leigh Engineering, Inc. Party of the Second Part (CONTRACTOR) By: Richard Leligh,'President CORPORATE ACKNOWLEDGMENT THE STATE OF Texas } COUNTY -OF Dallas } BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared: _ Richard Leigh President (Print Name) (Print Title) of Leigh Engineering, Inc. , known to me to be the person and (Company Name) officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Leigh Engineering, Inc. a corporation, (Company Name) that he was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of December , A.D., 20 00. aN2Public In and For County, 11,140 My Commission expires: ll FANNY BURROW I /9 MY COMMISSION EXPIRES �� ocros� s, aaciz A SF -3 PARTNERSHIP ACKNOWLEDGMENT THE STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day appeared: M (Print Name) (Company Name) (Print Title) a partnership, known to me to be the person and partner whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said a partnership, and that he/she was duly authorized as a partner of such partnership to perform same for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY ILND AND SEAL OF OFFICE this the day of , A.D., ZO_ Notary Public In and For County, My Commu ision Expires: SF -4 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared: 'S Co-++ (3 -a t C v -- t� 0 t' (Print Name) (itle) known to me ' to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the I I 1"`day of . , A. D., 2060 PG@� GINGER CROSSWY c (Votary Public TEX STATE o� ryas Notary Public In an r r� c MY Comm. Exp. x2122 M4 County, My Commission Expires: EXECUTED IN FOUR (4) COUNTERPARTS STATE OF TEXAS COUNTY OF TARRANT PERFORMANCE BOND BOND No. 61022603 79 KNOW ALL MEN BY THESE PRESENTS: That LEIGH ENGINEERING, INC. (contractor's company) of the City of DALLAS County of DALLAS and the State of TEXAS , as principal and UNITED STATES FIRE INSURANCE COMPANY (surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are h6�hf0i my bond unto Town of Westlake (Owner), in the penal sum of LI , SIX HUNDRED FOUR THOUSAND Dollars ($_ 1,604,646-00 i for the payment whereof, the said Principal and urety 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 29TH day of NOVEMBER 20 00 to TOWN OF WESTLAKE TELECOYLMINICATIONS DUCTBANK (name of project) which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the said Contract and shall in all respects duly and faithfully obser; e 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: G "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2? -53 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 bonds, 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 1ST day of DECEMBER 20 00 LEIGH ENGINEERING, INC. Priv By - Title�e- s Address 8908 AMBASSADOR RO11 DALLAS, TEXAS 7524_7 UNITED STATES FIRE INSURANICF The name and address of the Resident Agent of Surety is: JOHN D. FULKERSON, MCQUEARY HENRY BOWLES TROY, L.L.P. 12700 PARK CENTRAL DRIVE, SUITE 1700, DALLAS, TEXAS 75251 PB -1 LIT -1, 2 _a 0 EXECUTED IN FOUR (4) COUNTERPARTS STATE OF TEXAS COUNTY OF TARRA.NT BOND No. 6102260379 KNOW ALL MEN BY THESE PRESENTS: That LEIGH ENGINEERING, INC. (contractor's company) of the City of DALLAS County of DALLAS and the State of TEXAS , as principal, and UNITED STATES FIRE INSURANCE :CQ�g'ANY (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 (Owner), in the penal sum of ONE MILLION, SIX HUNDRED FOUR THOUSAND, Dollars ( 1,604,646-00 ) for t e payment whereo ,the said *rincipa an 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 29TH day of NOVEMBER 20 00 , to TOW OF WESTLAKE TELECOI-�IUN==O' S DUCTBANK (name of project) which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall 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 f-111 force and effect: "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2-53 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 heresy waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or :o the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1ST day of DECEMBER 20 00 LEIGH ENGINEERING, INC. Principet By Title n: a - Address 8908 AMBASSADOR ROW DALLAS, TEXAS 752:7 UNITED STATES FIRE 7, SURAi ICE COLA\ Surety By Title KA GI _7S, ATTORNE'.Y-IN--'ACT Address 1 00 PARK CENTR.L = 7, 3 0 DA LA TEXAS 7525_ The name and address of the Resident Agent of Surety is: JOHN D. FULKERSON, MCOUEARY HENRY BOWLES TROY, L.L.P. 12700 PARK CENTRAL DRIVE, SUITE 1700, DALLAS, TEXAS 75251 PB -2 MAINTENANCE BOND BOND #6102260379 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: KIM EWA spa FA •• THAT LEIGH ENGINEERING, INC. (contractor's company), AS PRINCIPAL AND UNITED STATES FIRE INSURANCE COMPANY (surety company), A CORPORATION ORGANIZED UNDER THE LAWS OF NEW YORK AS SURETIES, DO HEREBY EXPRESSLY ACKNOWLEDGE THEMSELNTS 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, TARRA-N-T 0 FOUR THOUSAN, COUNTY, TEXAS, THE SLTIN1 OF )-Lf0R7T)iVkAJ'-'YMENT OF WHICH SUM sixUR DOLLARS (S 1,604,646.00 1 WILL TRULY BE MADE UNTO SAID TOWN OF WESTLAKE, AND ITS SUCCESSORS, AND SAID PRINCIPAL AND SURETIES DO HEREBY BEND THEMSELVES, THEIR ASSIGNS AND SUCCESSORS JOINTLY AND SEVERALLY. THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, THE SAID LEIGH ENGINEERING, INC. (contractor's company) HAS THIS DAY ENTERED INTO A WRITTEN CONTRACT WITH THE SAID TOWN OF WESTLAKE TO BUILD AND CONSTRUCT TOWN OF WFqTT,AK-F TFT ,F(,,- -!' )NIT iT DUCTBANK (name of project) 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. as WHEREAS, UNDER THE PLANS, SPECIFICATIONS, AND CONTRACT, IT IS PROVIDED THAT THE CONTRACTOR WILL MAINTAIN AND KEEP IN GOOD REPAIR, OF SAID IMPROVEMENTS THAT SHOULD BE OCCASIONED BY SETTLEME'-N-T OF FED IN." THE OUNDATION, DEFECTIVE WORKMANSHIP OR MATERIALS FURNISHT 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 SAM 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 TER -NIS OF SAID PROVISIONS OF SAID CONTRACT. INONN". THEREFORE, IF THE SAID CONTRACTOR SHALL KEEP AND PERFORM ITS' SAM AGREEMENT TO MALNTAr�- SAII) WORK AND KEEP THE SAME IN REPAIR FOR THE SAID IVL41NTENANCE PERIOD OF ONE (1) YEAR, AS PROVIDED, THEN THESE PRESENTS SHALL BE NULL AND VOID, AND RAVE NOT FURTHER EFFECT, BUT IF DEFAULT SHALL BE MADE BY SAID CONTRACTOR IN THE PERFORMANCE OF ITS, CONTRACT TO SO MAINTAIN AND REPAIR SAII) WORK, THEN THESE PRESENTS SHALL HAVE FULL FORCE AND EFFECT, AND SAID TOWN OF WESTLAKE SELA-LL I PB -3 CONTINUEHAVE AND RECOVER FROM THE SAID CONTRACTOR AND ITS' PRINCIPAL AN I SURETIES DAMAGES IN THE PREMISES, AS PROVIDED; AND IT IS FURTHER AGREEJJ BEEN EXHAUSTED; AND IT IS FURTHER UNDERSTOOD THAT TAE OBLIGATIO HEREIN TO MAINTAIN SAID WORK SHALL .i •' • IN ANY 11 MANNERMAINTENANCE PERIOD, AND THE SAME SHALL NOT BE CHANGED, DIMINISHED 0 AFFECTED FROM ANY CAUSE DURING SAI1l; TIME. - IN WITNESS THEREOF, SAID LEIGH ENGINEERING, INC. (Name of Contractor's Company) HAS CAUSED THESE PRESENT TO BE EXECUTED BY (Name of Contractor's Representative) AND THE SAID UNITED STATES FIRE INSURANCE COMPANY HAS CAUSED THESE (Name of Surety Company) PRESENT TO BE EXECUTED BY ITS' ATTORNEY IN FACT AND THE SAH) ATTORNEY IN FACT, KAE GIBBONS HAS HEREUNTO (Narne of Attorney) SET HIS HAND, THE 1ST DAY OF DECEMBER Zp 00 _ a � Name of Representativ — Titie (Print) WITNESS UNITED STATES FIRE INSURANCE CC tyTA-Y Name of Insurance Company ATTORNEY—IN—FACT Name of Representative — Title (Print) Part G - General Provisions and Requirements Section G.I. - Definition of Terms and Abbreviations G.l.l. Definition of Terms: Wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specifications, in the contract, in the bonds, in the advertisement, or any other document or instrument herein contemplated, or to which these specifications apply or may apply, the intent and meaning shall be interpreted as follows: Advertisement: All of the legal publications pertaining to the work contemplated under the contract. Bidder: Any person, persons, partnership, company, firm associations, or corporation acting directly or through a duly authorized representative submitting a proposal for the work contemplated. Town: The Town of Westlake, Texas, a Municipal Corporation, acting by and through (a) its governing body, (b) its Mayor, or (c) its Town Manager, each of whom is required by charter to perform specific duties. Town Attorney: The Town Attorney of the Town of Westlake, Texas, or his duly authorized assistants or agents. Board. of Aldermen: The Board of Aldermen of the Town of Westlake, Texas. Town Manager: The Town Manager of the Town of Westlake, Texas. Town Secretary: The Town Secretary of the Town of Westlake, Texas or his duly Authorized assistants or agents. Contract: The contract shall consist of the Notice to Contractors (advertisement), Special Provisions, (instructions to Bidders), Proposals, Signed Agreement, Performance Bonds, General Provisions and Requirements, Technical Specifications, Plans and all modifications thereof incorporated in any of the documents before the execution of the Agreement. The Contract Documents are complementary, and what is called for shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance Bond, Payment Bond, Maintenance Bond, Special Bond (if any), Proposal, Special Provisions, Notice to Contractor, Technical Specifications, Plans, and General Provisions and Requirements. Contractor: The person, persons, partnership, company, firm association or corporation entering into contract for the execution of work, acting directly or through a duly authorized representative- Town epres `ve_Town Engineer: The Town Engineer of the Town of Westlake, Texas, or his dulyauthorized assistants or agents. G-1 Engineer: The word "Engineer" shall be understood as referring to the Town Engineer. Extra Work: The term extra work as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Town to be done by the Contractor to accomplish any changes, alterations, addition of the work shown on the plans, or reasonably implied by the specifications, and not covered by the Contractor's proposal, except as provided under "Changes and Alterations," herein. Maintenance Bond: The approved form of security furnished by the Contractor and its surety as a guarantee of good faith on the part of the Contractor to correct any discrepancy which may arise as a result due to faulty maintenance or workmanship for a period of one (1) year from final acceptance of the work as provided herein. Mayor: The Mayor of the Town of Westlake. Payment Bond: The approved form of security furnished by the Contractor and his surety as a guarantee, for the protection of all claimants supplying labor and material in the prosecution of the work provided in the contract. Performance Bond: The approved form of security furnished by the Contractor and his surety as a guarantee of good faith on the part of the Contractor to execute the work in accordance with the plans, specifications and terms of the contract. Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including such supplementary drawings or addenda as the Engineer may issue in order to clarify other drawings, or for the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon. Proposal: The written statement or statements duly filed with the Town Secretary of the person, persons, partnership, company, firm association or corporation proposing to do the work contemplated, including all approved forms on which the formal bids for the work are to be prepared. Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the Standard Specifications, and taking precedence over any conditions or requirements of the Standard Specifications with which they are in conflict. Specifications: 1) Town of Westlake — Engineering Standards, latest edition and applicable Ordinances 2) North Central Texas Council of Governments — latest edition of Standard Specifications for Public Works Construction 3) The Directions, Provisions, and Requirements as set forth in the Texas Department of Transportation, 1993 Standards for Construction of 1-Iighways, Streets, and Bridges, together with the Special Provisions supplemental hereto, 'pertaining to the method and manner of performing the work or to the qualities or quantities of the materials to be furnished under the contract. G-2 Subcontractor: The term subcontractor, as employed herein, includes only those having a direct contract with the Contractor, and it includes one who furnished material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnished material not so worked. Substantially Completed: By the term "Substantially Completed" is meant the structure has been made suitable for use or occupancy or the facility is in condition to service its intended purpose, but still may require minor miscellaneous work and adjustment. Sureties: The corporate bodies which are bound by such bonds as are required with and for the Contractor. Said sureties engage to be responsible for the entire and satisfactory fulfillment of the contract, and for any and all requirements as set out in the specifications, contract or plans. Working Days: A working day is defined as any day, not including Saturdays, or Sundays, or any legal holidays, in which weather or other conditions not under the control of the Contractor will permit construction of any sort of the principal unit of the work for the continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. Working Hours: Work shall be done only during the regular and commonly accepted and described working hours between 7:00 a.m. and 6:00 p.m. No work shall be done nights, Saturdays, Sundays, or any regular holidays unless special permission is given by the Engineer or as may be approved by the proper administrative Town representative. Written Notice: Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. The Work: Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, lights, power, fuel, transportation, and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the quality of materials. Materials or work described in words which so applied have a well known technical or trace meaning shall be held to refer to such recognized standards. G.1.2. Abbreviations: Wherever the abbreviations defined herein occur in the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other document or instrument herein contemplated or to which the specifications apply or may apply the intent and meaning shall be as follows: A.A.S.H.T.O. American Association Lb. of State Highway and L.S.G.Co Transportation Officials M.H. A.S.T.M., American Society for Max. Testing Materials Min. Asph. Asphalt Mono. Ave. Avenue No Blvd. Boulevard % G-3 Pound Lone Star Gas Co. Manhole Maximum Minimum Monolithic Number Percent C.I. Cast Iron C.L. Centerline C.O. Cleanout Cone. Concrete Cond. Conduit Corr. Corrugated Cu. Cubic Culv. culvert Dia. Diameter Dr. Drive or Driveway Elev. Elevation F. Fahrenheit Ft. or' Feet or Foot Ga. Gallon H.S. Horseshoe In. or Inch or Inches Lin. Linear P.S.I. Pounds per Square Inch R. Radius Reinf. Reinforced Rem. Remove Rep. Replace R/W or R of W Right -of -Way Sani. Sanitary S.W.B.T. Southwestern Bell Telephone Company Sq. Square Std. Standard St. Street or Storm Str. Strength TXU Texas Utilities Vol. Volume W.U.T. Co. Western Union Telegraph Company Yd. Yard Section G.2. - Proposal Requirements and Conditions G.2.1 Proposal Form: The Town will furnish bidders with Proposal Forms, which ,.will state the general location and description of the contemplated work, and which will contain an itemized list of the items of work to be done or materials to be furnished, and for which bid prices are asked. The Proposal Form will provide for entering the amount of Proposal Guarantee, and information about the ability, skill and business standing of the bidder. G.2.2. Quantities in Proposal Form: The quantities of the work and materials set forth in the proposal form on the plans approximately represent the work to be performed and materials to be furnished, and are for the purpose of comparing bids on a uniform basis. Payment will be made, by the Town to the Contractor only for actual quantities of work performed or materials furnished in accordance with the plans and specifications, and it is understood that quantities may be increased or decreased as herein after provided, without in any way invalidating the bid prices. G.2.3. Examination of Plans, Specifications and Site of the Work: Bidders are advised that the plans, specifications and other documents on file with the Town Secretary shall constitute all of the information which the Town will furnish. Prospective bidders shall make careful examination of the site of the project, disposal sites for surplus materials not designated to be salvaged materials, the availability of ingress and egress to private properties, and methods of handling traffic during the construction of the entire project. Bidders are required, -prior to submitting any proposal, to read the specifications, proposal, contract, and bond forrns carefully, to visit the site of the work, to examine carefully local conditions, to inform themselves by their independent research, test and investigations of the difficulties to be encountered and determineforthernselves and accessibility of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and to obtain all information required to make an informed proposal. No information given by the Town or any officials thereof, other than that shown on the plans and contained in the specifications, proposals, and other documents, shall be binding upon the Town. Bidders shall rely on their own estimates, investigations, tests, and other data which are necessary for full complete information upon which the proposal may be based. If it is mutually agreed that submission of a proposal is evidence that the bidder has made the examinations, investigations and tests required herein, and that if he is the low bidder he will enter into the usual contract with the Town of Westlake. G.2.4. Preparation of Proposal: The bidder shall submit his proposal on the forms furnished by the Town. The bidder shall state the prices, written in ink both in words and numerals, for which he proposes to do the work contemplated. Such prices shall be distinctly legible. In case of discrepancy between prices written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or a duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given. If the proposal is submitted by a company or a corporation, the company or corporate name and business address must be given and the proposal signed by an official or duly authorized agent. Powers of Attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. G.2.5. Proposal Guaranty: No proposal will be considered unless it is accompanied by a cashier's check on any state or national bank in Tarrant County, Texas or acceptable bidder's bond, payable unconditionally to the Town of Westlake, Texas. The cashier's check or bidder's bond shall be in the amount of not less than five percent (5%) of the total amount of the bid. The Proposal Guaranty is required by the Town as evidence good faith and as guaranty, that if awarded the contract, the bidder will execute the contract and furnish the required bonds within ten (10) days after receipt of acceptance. Said bonds shall further guarantee that if the proposal is `withdrawn after the bids have been opened or if the Contractor refuses to execute the contract in accordance with his proposal, the Contractor and the surety will become liable to the Town of Westlake for damages incurred. If a bidder's bond is used, the surety thereon shall designate an agent resident in Tarrant County, Texas, to whom requisites notice may be delivered and upon whom service of process may be held. Bidder warrants that the bid it submits has been checked for mathematical correctness and same is correct. Bidder agrees that should it desire to withdraw its bid after bid opening because of a mathematical mistake that the Town of Westlake may retain the bid security as liquidated damages and not as penalty and the bidder hereby waives any legal defense available to the bidder for such mistake. (i.e. unilateral mistake). If a bidder's bond is used, an acceptable surety shall determine from the latest United States Treasury Department list of companies holding certificates of authority and acceptable sureties on Federal Bonds. G.2.6. Filing Proposals: No proposal will be considered unless it is filed with the office of the Town Secretary in the Town Hall, Westlake, Texas, within the time limit for receiving proposals as stated in the advertisement. Each proposal shall be in a sealed envelope, plaiply marked with the work "Proposal' and the name or description of the project as designated in the G-5 advertisement. In the event of addendum(s), the Bidder shall mark the sealed envelope showing that the addendum has been received. G.2.7. Withdrawing Proposals: Proposals filed with the Town cannot be withdrawn or modified prior to the time set for opening proposals. Requests for nonconsideration of proposals must be made in writing addressed to the Board of Aldermen and filed with the Town Secretary prior to the time set for opening proposals. After other proposals are opened and publicly read, the proposal for which withdrawal is properly requested may be returned unopened. G.2.8. Opening Proposals: The proposals filed with the Office of the Town Secretary will be opened at the time stated in the advertisement and publicly read aloud, and shall thereafter remain on file in the Town Hall. G.2.9. Irregular Proposals: Proposals will be considered irregular if they show any omissions, alterations of form, ,additions, or conditions not called for, unauthorized alternate bids or irregularities of any kind. However, the Town reserves the right to waive any irregularities and to make the award in the best interests of the Town. G.2.10. Rejection of Proposals: The Town reserves the right to reject any or all proposals, and all proposals submitted are subject to this reservation. Proposals may be rejected for any of the following specific reasons: (a) Proposals received after the time limit for receiving proposals as stated in the advertisement. (b) Proposals containing any irregularities (c) Unbalanced value of any items G.211. Disqualification of Bidders: Bidders may be disqualified and their proposals not considered for any of the following specific reasons: (a) Reason for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated. (c) The bidder interested in litigation against the Town. (d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. (e) Lack of competency as revealed by the Financial statement, experience and equipment, questionnaires, etc. (f) Uncompleted work which in the judgment of the Town wall prevent or hinder the prompt completion of additional work if awarded. Section G.3. - Award and Execution of Contract G.3.1. Consideration of Contract: After proposals are opened, the proposals will be tabulated for comparison on the basis of the bid price, quantities and time shown in the proposal. LTnffl final award of the contract, the Town reserves the right to reject any or all proposals, to waive G-6 technicalities and to readvertise for new proposals or proceed to do the otherwise in the best interests of the Town. G.3.2. Award of Contract: The Town reserves the right to withhold the award of the contract for a reasonable period of time from the date of opening proposals and no award will be made until after investigations are made as to the responsibilities of the low bidder. G.3.3. Return of Proposal Guaranty: As soon as proposal prices have been tabulated for comparison of bonds, the Town may, at its discretion, return the proposal guaranties accompanying the proposal which, in its judgment, would not be considered in the award; all other proposal guaranties will be retained by the Town until required contract and bonds have been executed, after which they will be returned. No proposal guaranties will be returned until at least two (2) days shall have elapsed from time of opening proposals. G.3.4. , Surety Bonds: With the execution and delivery of the contract, the Contractor shall furnish and file with the Town in the amount herein required, the following Surety Bonds: (A) Construction Bond or Performance Bond: A good and sufficient Construction Bond in the amount equal to one hundred percent of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work in accordance with the plans and specifications. This Construction Bond shall guarantee the repair and maintenance of all defects due to faulty materials and workmanship for a period of one year from date of completion and acceptance of the improvement by the Town. (B) Payment Bond: A good and sufficient bond in an amount equal to 100 percent of the approximate total amount of the contract, as evidenced by the proposal tabulation, or otherwise guaranteeing the full and proper protection of all claimants supplying labor and materials in the prosecution of the work provided for in said contract and for the use of each claimant. (C) Maintenance Bond: A Maintenance Bond in the amount equal to 100 percent of the total contract price for the project installation shall be furnished by the Contractor for work performed under private contract or subdivision work with developers of subdivisions in accordance with the Town of Westlake subdivision ordinance. The Maintenance Bond shall be for a period of one (1) year from and after the date of completion and final acceptance of the entire project by the Town of Westlake, Texas. The Contractor shall maintain and keep in good repair the work contemplated under these plans, specifications, drawings, etc., and perform for a period as set forth in the Maintenance Bond, from the date of acceptance, all necessary repairs, reconstruction and renewal of any part of said construction, and to finish the labor and materials to make good and to repair any defective condition growing out of or on account of the breakage or failure of any substance of improper function of same. Said maintenance contemplated the complete restoration to 'a functional use of any work required by faulty material during the said period as set forth in the Maintenance Bond. (D) Other Bonds: Other bonds, if required in the Special Provisions. G-7 Sureties: No sureties will be accepted by the Town who are now in default or delinquent on any bonds or who are interested in any litigation against the Town. All bonds shall be made on one corporate surety authorized to do business in the State of Texas and acceptable to the Town. An acceptable surety to the Town of Westlake shall be determined as any surety listed as follows on the latest United States Treasury Department list of companies holding certificates of authority as acceptable sureties .on Federal Bonds. Each bond shall be executed_ by the Contractor and the surety. Should any surety on the contract be deternuned unsatisfactory at any time by the Town, notice will be given to the Contractor to that effect, and the Contractor shall immediately provide a new surety satisfactory to the Town. No payment will be made under the contract until the new surety or sureties, as required, have qualified and been accepted by the Town. The contract shall not be operative nor will any payments be due or paid until approval of the bonds have been made by the Town. G.3.5. Execution of Contract: The person or persons, partnership, company, firm association or corporation to whom a contract is awarded shall within fifteen (15) working days after the date of being informed (via facsimile or telephone) or the date of receipt of the contract forms (which ever occurs first) for this project. No contract, shall be binding on the Town until it has been attested by the Town Secretary and executed for the Town by the Mayor and delivered to the Contractor. G.3.6. Failure to Execute Contract: The failure of the bidder to execute the required bonds or to sign the required contract within fifteen (15) working days after the date of being informed (via facsimile or telephone) or the date of receipt of the contract forms (which ever occurs first) for this project shall be considered by the Town as an abandonment of his proposal and the Town may annul the award. By reason of the uncertainty of the market prices of materials and labor, and its being impracticable and difficult to determine accurately the amount of damages accruing to the Town by reason of said bidder's failure to execute said bonds and contract within fifteen (15) working days, the Proposal Guaranty accompanying the proposal shall be the agreed amount of damages which the Town will suffer by reason of failure on the part of the bidder, and shall thereupon immediately be forfeited to the Town. The filing of a proposal will be considered as an acceptance of this provision. Section GA - Scope of Work GAL Intent of Plans and Specifications: The intent of the plans and specifications is to prescribe a complete work or 'improvement which the Contractor undertakes to do in full compliance with the plans, specifications, Special Provisions, proposal and contract. The Contractor shall do all work as provided in the plans, specifications, Special Provisions, proposal, and contract, and shall do such additional extra work as may be considered necessary to complete the work is satisfactory and acceptable manner. The Contractor shall furnish all labor, tools, materials, machinery, equipment,and incidentals necessary to the prosecution ofthe work_ G.4 LL "or Equal" Clause: Whenever a material or article required is specified or shown`on the plans by using the name of the proprietary product, or a particular manufacturer or vendor, any G-8 material or article which will perform adequately the duties imposed by the general design will be considered equal and satisfactory provided the material or article so proposed is of equal substance and function, and only after written approval by the Engineer. G.4.2. Special Provisions: Should any work or conditions which are not thoroughly satisfactorily stipulated or covered by the general or standard specifications be anticipated on any proposed work, "Special Provisions: for such work may be prepared by the Town previous to the time of receiving bids, and shall be considered as a part of the specifications and contract. G.4.3. Increased and Decreased Quantities: The Town reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found necessary, the Contractor shall perform the work as altered, increased or decreased quantity shall not be more than twenty-five percent of the contemplated quantity of such item or items. No allowance will be made for any change in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the contract and bond. GAA . Alteration of Pians and Specifications: The Town reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original plans and specification or change the general nature of the work as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the contract or bond. G.4.5. Extra Work: When any work is necessary to the proper completion of the project for which no prices are provided in the proposal and contract, the Contractor shall do such work, but only when and as ordered in writing by the Engineer, subject, however, to the right of the Contractor to require a written confirmation of such extra work order by the Town. It is also agreed that the compensation to be paid the Contractor for performing said extra work shall be determined by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) or Method (B) can be agreed upon before the extra work is commenced then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent In the event said extra work be performed and paid by under Method (C) then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics, and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on extra work, plus actual transportation charges necessarily incurred together with all necessary incidental expenses incurred directly on account of such extra work, including social security, old age benefit and other payroll taxes, public liability and property damage and workmen's compensationB and all other insurance as may be required by any law or ordinance, or directed by the Engineer of Town, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the. record of these accounts shall be made available to the Engineer. The Engineer may also specify in writing before the work commences, the method of doing the work The type and kind of machinery and equipment shall be determined by using 100 percent, unless G-9 otherwise specified, of the latest schedule of equipment which shall be incorporated into the written extra work order. Save that where the Contractor's camp or field office must be maintained primarily on account of such extra work, then the cost to maintain and operate the same shall be included in the "actual field cost. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, for which he should receive compensation or an adjustment in the construction time, he shall make written requests to the Engineer, for written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefore and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will hereby preserve the right to submit the matter of payment to arbitration, as herein below provided. GAA Final Clean -Up: Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work surplus and discarded materials, temporary structures, discarded materials, and debris of every kind, he shall leave the site of the work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. Section G.5. - Control of the Work and Materials G.5.1. Engineer's Authority and Duty: Unless otherwise specified, it is mutually agreed between the parties to this agreement that the Engineer may inspect all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to prevent delays and disputes and to discourage litigation, it is further agreed that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under this construction thereof, and shall in all cases decide every question which may arise relative to the execution of this contract on the part of the said Contractor. The Engineer shall, within a reasonable time, render and deliver to the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. . "directed", "required", /f 1P "designated", 9t 91 Whenever the words directed , required , permitted , designated , considered necessary", "prescribed", or words of like import are used, it shall be understood that the direction, requirement, permission order, designation or prescription of the Engineer is intended; and similarly, the words "approval", "acceptable", "satisfactory", or words of like import shall mean approved by or acceptable or satisfactory to the Engineer. G.5.2. -Superintendence and Inspection: It is agreed by the Contractor that the Engineer shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Engineer may deem proper to inspect the materials furnished and the work G-10 done under this agreement, and to see that the said material is furnished, and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinated engineers, supervisors, or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the direction and instruction of any subordinate engineers, supervisors, or inspectors so appointed, when such directions and instructions are consistent with the obligations of the agreement and the accompanying plans and specifications, provided, however, that should the Contractor object to any order by any subordinate engineer, supervisor, or inspector, the Contractor within six (6) days make a written appeal to the Engineer for his decision. G.5.3. Contractor's Duty and Superintendence: The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent who shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. Important directions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor will be supplied with three copies of the plans and specifications, and shall have available on the work at all times one copy of said plans and specifications. The Contractor shall give to the work the consistent attention necessary to facilitate the progress thereof, and he shall cooperate with the Engineer, his inspectors and with other Contractors, in every way possible. The Contractor shall provide all facilities to enable the Engineer and his inspectors to inspect the workmanship and materials entering into the work. G.5.4. Contractor's Understanding: It is understood that it is agreed that the Contractor has, by careful examination satisfied himself as to the nature and location of the work, the conformation of the ground, the character quality and quantity of the materials to be encountered, the character of equipment and facilities needed in preparation for and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Town either before or after the execution of this contract, shall affect or modify any of the terms of obligations herein contained. G.5.5. Character of Workmen: The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work, and agrees that whenever the Engineer shall inform him in writing that any man on the work, is in his opinion incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent_ G.5.6. _Contractor's Buildings: The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds on or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. G.5.7. Sanitation: Necessary sanitary conveniences for the use of the laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. G-11 G.5.8. Shop Drawings: The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four copies, unless otherwise specified, all shop and/or setting drawings and schedules required for the job of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility of errors of any sort in shop drawings or schedules. G.5.9. Preliminary Approval: The Engineer shall not have the power to waive the obligation of this contract for the furnishing by the Contractor of good materials, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to condemn defective work or materials shall release the Contractor from the obligations to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or materials provided, however, that the Engineer shall, upon request of the Contractor inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Town, unless it can be clearly shown that such materials furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for reexamination by the Engineer, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, reexamination and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as extra work, and shall be paid for by the Town, provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection and approval he shall bear all expense of taking up, removing and replacing his work if so directed by the Engineer. G.5.14. Defects and Their Remedies: It is further agreed that if the work or any part thereof, or any materials brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer, as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice from the Engineer, forthwith remove such materials and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. G.5.11. Changes and Alterations: The Contractor further agrees that the Town may make such changes and alterations as the Town may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of the contract and the accompanying Performance Bond. G.5.12. Conformity with Plans: All work shall conform to the lines, grades, cross-sections and dimensions shown on the plans. Any deviation from the plans which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. G.5.13. Existing Structures: The location tof gas mains, water mains, conduits, sewer, etc. is unknown, and the Town assumes no responsibility for failure to show them in their exact locations. G-12 It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or require the building of special work, provisions for which are not made in the plans and proposal, in which case the provisions in these specifications for extra work shall apply. G.5.14. Coordination of Plans Specifications, Proposal and Special Provisions: The plans, these specifications, the proposal, Special Provisions and all supplementary documents are intended to describe a complete work and are essential parts of the contract. A requirement occurring in any of them is binding. In case of discrepancies, figured dimensions shall govern over scaled dimensions; specifications shall govern over plans; Special Provisions shall govern over both general and standard specifications and plans; and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any part error or omission in the plans and specifications, and the Engineer shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this to the attention of the Engineer. G.5.15. Source of Supply of Materials: The materials shall be the best procurable, as required by the plans, specifications and Special Provisions. The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. Only materials conforming to these specifications shall be used in the work, and such materials shall be used only after written approval has been given by the Engineer, and only so long as the quality of said materials remains equal to the requirements of the specifications. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling `will not be permitted to be used in the work. G.5.16. Samples and Tests of Materials: Where, in the opinion of the Engineer, or as called for in the specifications, tests of materials are necessary, such tests will be made at the expense of the Contractor unless otherwise provided. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American Society for Testing Materials. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. G.5.17. Storage of Materials: Materials shall be stored so as to insure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on wooded platforms or other hard, clean surfaces, and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. G.5.18. Inspection: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. Any work done (except excavation) or materials used without suitable supervision or inspection by the Engineer may be ordered removed and replaced at the Contractor's -expense. G-13 G.5.19. Removal of Defective and Unauthorized Work: All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately removed from the site of the work. Work done without line and grade having been given, work done out of the lines or not in conformity with the grades shown on the plans or as given, save as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials immediately after receiving notice from the Engineer, the Engineer will, after giving notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from any moneys due or to become due the Contractor. G.5.20. Final Inspection: The Engineer will make final inspection of all work included in the contract as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the Engineer at the time of such inspection he will inform the Contractor as to a particular defects before final acceptance will be made. Section G.6. - Legal Relations and Public Responsibility G.6.05. Mediation: All questions of dispute under this Agreement shall be submitted to the Board of Aldermen at the request of either party and the decision of the Board of Aldermen shall be final and unappealable. G.6.1. Law and Ordinance: The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Town against any claim arising from the violation of any such laws, ordinances and are called for by the provisions of the contract documents. If the Contractor observes that the plans and specifications are a variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In the case of a body politic and coporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Town may enter into contract, shall be controlling, and shall be considered as part of this contract to the same effect as through embodied therein. G.6.2. Permits and Licenses: The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. G.6.3. Protection against Royalties or. Patented Invention: The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, materials or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suite or claims for -infringement of any patent or copyright rights and shall indemnify and save the Town harmless from any loss on account thereof, except that the Town shall defend all such suits and claims and shall be responsible for all such loss when a G-14 particular design, device, material or process or the product of the particular manufacturer or manufacturers is specified or required by the Town; provided however, if choice or alternate design, device, material or process is allowed to the Contractor, the Contractor shall indemnify and save Town harmless from any loss on account thereof. If the materials or process specified or required by the Town is an infringement, the Contractor shall be responsible for such loss unless he promptly gives information to the Town. G.6.4. Public Convenience and Safety: Materials stored about a work shall be placed so, and the work shall at all times be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. The Contractor shall make provisions by bridges or otherwise at all cross streets, highways, sidewalks, and private driveways for the free passage of pedestrians and vehicles, provided where bridging is impracticable or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges for the diversion of traffic. Sidewalks are not to be obstructed except by special permission of the Engineer. The materials excavated, all the construction materials or plans used in the construction of the work, shall be placed so as not to endanger the work or prevent free access to all fire hydrants, water valves, gas valves, manholes for telephone, telegraph, signal, or electric conduits, sanitary or storm. The Town reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, saves in cases of emergency, when it shall have the right to remedy any neglect without notice; in either case, the cost of such work done by the Town shall be deducted from moneys due the Contractor. The Contractor shall notify the Trophy Club/Westlake Department of Public Safety headquarters when any street is closed or obstructed and when directed by the Engineer shall keep any street or streets in condition for obstructed use by fire apparatus. The ,Contractor will be required to give the Police Department a 24 hour notice of intent to cut any street in the project. This notice may be given by telephone. A separate notice must be given wherever any additional street in the contract is to be cut. Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. G.6.5. Privileges of Contractor in Streets Alleys and Right -of Wav: For the performance of the contract, the Contractor will be permitted to occupy such portions of streets or alleys or other public places or other right-of-ways as provided for in the ordinances of the Town, as shown on the plans, or as permitted by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but not more than is necessary to avoid delays in the construction. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed not to inconvenience occupants of adjoining property. Other Contractors of the Town may, for all purposes required by the contracts, enter upon the work and premises used by the Contractors and the Contractor shall give to other Contractors of the Town all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. G.6.6. Railway Crossings: Where the work encroaches upon any right-of-way of any railway, the Town will secure the necessary license easement for the work. Where railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing work, or precautions for the safety of property and the public. All negotiations with the railway company, except for the right-of-way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five days previous to the time of his intention to begin work. The Contractor will not be paid direct compensation for such railway crossings, but shall receive only the compensation set out in the proposal. G.6.7. Barricades, Lights and Watchmen: Where the work is earned on, in or adjacent to any street, alley or public place, the Contractor shall at his own expense furnish and erect such barricades, fences, lights and danger signals; shall provide such watchmen, and shall take such other precautionary measures for the protection of persons or property and of the work as are necessary. The traffic control is subject to the approval of the Town Engineer. Barricades shall be painted with a reflectorized paint or Scotchlite tape. The Contractor shall furnish and maintain at least one .light at each barricade. Barricades shall be erected to prevent vehicles from being driven on or into any work under construction. The Contractor shall be held responsible for all damage to the work due to the failure of barricades, signs, lights and watchmen to protect it, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at his cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights shall not cease until the project shall have been accepted by the Town. G.6.8. Use of Explosives: Should the Contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The Town shall not be held liable for damages done by the Contractor in the use of explosives. The Contractor shall notify the proper representatives of any public service, corporation, any company or any individual, not less than eight hours in advance of the use of explosives which might damage or endanger their or his property along or adjacent to the work. Wherever explosives are stored or kept, they shall be stored in a safe and secure manner, and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES," and shall be under the care of a competent watchmen at all times. G.6.9. Protection and Restoration of Property: Where the work passes over or through private property, the Town will provide such right-of-ways. The Contractor shall notify the proper representatives of any public utility, corporation, any company or individual not less than forty- eight hours in advance of any work which might damage or interfere with the operation of their or his property along or adjacent to the work. The Contractor shall be responsible for all damage or injury to any property of any character (except such as may be due to the provisions of the contract documents, or caused by agents or employees of the Town) by reason of any negligent act or omission on the part of the Contractor, or defective work or materials, or due to his failure to reasonably or properly prosecute the work, and said responsibility shall not be released until the work shall have been completed and accepted. When and where any such damage or injury is done to public or private property on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition similar or equal to that existing before such damage was done, by repairing, or otherwise restoring as may be directed, or he shall snake good such damage or injury in a manner acceptable to the owner or the Engineer. In case of a failure on a the part of the Contractor to restore such property or make good such damage or injury, the Engineer may, upon forty-eight hours written notice, under ordinary circumstances, without notice when a nuisance or hazardous condition results, proceed to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any moneys due or to become due the Contractor under his contract. G.6.10. Responsibility for Damage Claims: The Contractor and his sureties shall indemnify and save harmless the Town and all its officers, agents, and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor, his agents or employees, in the execution of said contract; or on account of the failure of the Contractor to provide necessary barricades, warning lights or signs; and will be required to pay any judgment, with costs, which may be obtained against the Town growing out of such injury or damage. G.6.11. Contractor's Claim for Damage: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Town, he shall, within three days after sustaining such damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damaged, and upon request, shall give the Engineer access to all books of accounts, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statement shall be filed as herein above required, the Contractor's claim for compensation shall be waived and he shall not be required to payment on account of such damage. G.6.12. Public Utilities and other Properly to be Changed: In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the contract for the purpose of making such changes or repairs of their property as may be necessary for performance of the contract. The Town reserves the right of entering upon the limits of the contract for the purpose of repairing or re-laying sewer and water lines and appurtenance, repairing structures, etc., and for making other repairs, changes or extension to any Town property. G.6.13. Temporary Sewer and Drain Connections: When existing sewers have to be taken up or removed, the Contractor shall, at his own cost and expense, provide and maintain temporary outlets and connections for private and public drains and sewer. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers; and for this purpose he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such throughs, pipes or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connection shall be kept in service and maintained under the contract, except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created, and so that the work under construction will be adequately protected. G-17 G.6.14. Arrangement and Charge for Water Furnished by the Town: Where the Contractor desires to use Town water in connection with any construction work, he shall make complete and satisfactory arrangements with the Town Engineer before so doing. Where meters are used, the charge for water will be as prescribed by ordinance; or, where no ordinance applies, payment shall be made on estimates made by the Town Engineer. G.6.15. Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve, or stop cock, or tap any water main belonging to the Town, unless duly authorized to do so by the Town Engineer. G.6.16. Use of a Section or Portion of the Work: Wherever in the opinion of the Engineer any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these specifications or the contract pending final completion and acceptance of the work. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship or to operations of the Contractor shall be performed by the Contractor at his own cost and expense. G.6.17. Contractor's Responsibility for the Work: Until written acceptance by the Engineer, as provided for in these specifications, the work shall be under the charge and care of the Contractor and he shall take every precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any other cause whatsoever, whether arising from the execution or non -execution of the work.. The Contractor shall rebuild, restore and make good at his own cost and expense, all injuries or damages to any part of the work occasioned by any of the herein above causes. G.6.18. Contractor's Insurance: The Contractor at his own expense shall purchase, maintain and keep in force during the life of this contract, adequate insurance that will protect the Contractor and/or any Additional Insured from claims which may arise out of or result from operations under this contact. The insurance required shall provide adequate protections from all claims, whether such operations be by the Contractor or by any Additional Insured or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone whose acts of any of them may be liable and from any special hazards, such as blasting, which may be encountered in the performance of this contract in the amounts as shown below in sub -paragraph (A). The Contractor shall provide the following: (A) insurance and Amount: The Contractor shall furnish and maintain during the life of the Contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Worker's Compensation Commercial General Liability (Public) G -1g as required by law $500,000 Each Accident $1,000,000 Aggregate $1,000,000 Products & Completed Operations Aggregate The Commercial General Liability (Public) insurance policy shall include an endorsement CG 2503 "Amendment Aggregate Limit of Insurance per Project." The endorsement shall preserve the entire aggregate required in the Commercial General Liability (Public) insurance policy for the exclusive use in this contract. A copy of this endorsement must be submitted with the contract documents. The Commercial General Liability (Public) insurance policy shall be on an "Occurrence" basis. The Contractor shall be required to have additional insurance for all work performed within railroad R.Q.W. as required by the owner of such R.O.W. and said insurance shall be in addition to the insurance amount required in sub -paragraph (A). (B) Additional Insured: The Town of Westlake shall be an additional insured on the Commercial General Liability (Public) Insurance Policy furnished by the Contractor. (C) Written Notification: Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non -renewal or any material change in coverage, a notice there of shall be given by certified mail to the Town Secretary. (D) Premiums and Assessments: Companies issuing the insurance policies shall have no recourse against the Town for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. (E) Certificate of Insurance: The Contractor shall furnish the Town with four (4) valid Certificate of Insurance Forms. (F) Workers' Compensation: The Contractor shall furnish the Town with four (4) valid copies of the Contractor's Certification of Workers' Compensation form to verify that the Contractor has provided workers' compensation insurance for all employees of the Contractor in accordance with Texas state laws. (G) Insurance Policy: The Contractor shall furnish the Town with two (2) certified copies of the insurance policies (not a certificate) to verify coverages afforded under the policies within 40 calendar days from the date of the issuance of the Certificate of Insurance Form. (H) Primary Coverage: The coverages provided herein shall be primary and noncontributory with any other insurance maintained by the Town of Westlake, Texas, for its benefit, including self insurance. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the Town of Westlake, the Contractor shall furnish the Town proof of identical coverage no later than thirty (30) days prior to the expiration date shown on the Certificate of Insurance. The Contractor shall not commence work on any Contract in the Town of Westlake until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the Town. G-19 G.6.19- Workers' Compensation Insurance Coverage: (A) Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority. to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the Town. Persons providing services on the project ("subcontractor" in §406.096) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes without limitation, independent contractors; subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. (B) The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. (C) The contractor must provide a certificate of coverage to the Town prior to being awarded the contract. (D) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the Town showing that coverage has been extended. (E) 'The contractor shall obtain from each person providing services on a project, and provide to the Town: (1) A certificate of coverage, prior to that person beginning work on the project, so the Town will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. G-20 (F) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. (G) The contractor shall notify the Town in writing by certified mail or personal delivery, within '10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. (H) The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. (I) The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) Provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) Obtain from each other person with whom it contracts, and provide to the contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) Retain all, required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the Town in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) Contractually require each person with whom it contracts, to perform as required by paragraphs (1) (7), with the certificates of coverage to be provided to the person for whom they are providing services. G-21 (J) By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the Town that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. (K) The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the Town to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the Town. Section G.7. - Prosecution and Progress G.7.1. Assirunent and Subletting: The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract, without the written consent of the Town, and that no part of the work will be sublet to anyone objectionable to the Town Engineer. G.7.2. Prosecution of the Work: The Contractor shall begin the work to be performed under this contract within the time limit stated in these specifications, and shall conduct the work in such a manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence of all construction operations shall be at all times as directed by or approved by the Engineer. Such direction or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the contract. Should the prosecution of the work be discontinued by the Contractor, he shall notify the Engineer at least twenty-four hours in advance of resuming operation. G.7.3. Limitation of Operations: The work shall be so conducted as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations on a greater portion of the street or public way that is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the sections on which work is in progress before operations are started on any additional section. G.7.4. Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and seasons, in such order of precedence, and in such a manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Town is having other work done, either by contract or by its own force, the Engineer may direct the timing of the contract, so that conflict will be avoided and the construction of the various works being done for the Town shall be harmonized. The Contractor shall submit, as such times as may reasonable be requested by the Engineer, a schedule which shall show the order in which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. G.7.5. Extension of Time: Should the Contractor be delayed in the completion of the work by any act or neglect of the Town or Engineer, or any employee of either, or by other Contractor's employed by the Town, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control or by any cause which the Engineer shall decide justifies delay, then an extension of the time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer, provided, however that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. G.7.6. Hindrances and Delays: No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the Town) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by an act of the Town, then such expense as in the judgment of the Engineer, caused by such stoppage of said work shall be paid for by the Town to the Contractor. Once the work order is transmitted to the Contractor, the Contractor shall devote both manpower and equipment to the project on a continuous basis each and every workday in sufficient quantity to bring the project to completion without delay. The Town Engineer shall be the sole judge, with appeal only to the Board of Aldermen, of whether the Contractor has devoted both manpower and equipment to the project on a continuous basis to bring the project to completion. If the Engineer or his designee should determine the Contractor has failed to diligently prosecute the project and the Board of Aldermen does not reverse the decision of the Engineer or his designee, the Town Engineer may have the remaining work performed by another contractor and deduct whatever is paid to the substitute contractor from the Contractor's contract. Failure to comply with the contractual provisions of a Town of Westlake construction contract or failure to diligently pursue a project to completion shall be a basis for the Board of Aldermen rejecting a future bid from said Contractor. G.7.7. Failure to Complete on Time: The time of completion of the contract is of the essence. For each working day that any work shall remain uncompleted after the time specified in the proposal and contract, plus any authorized time extension granted in writing by the Town of Westlake, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day of $5,000.00, unless otherwise specified in the special provisions, will be deducted from the moneys due the Contractor, not as a penalty but as liquidated damages. The sum of money thus deducted for such delay, failure or noncompletion is not to be considered as a penalty, but shall be deemed, taken and-thmted as reasonable liquidated damages, since it would be impracticable and extremely difficult to fix the actual damages. G-23 The Contractor shall also indemnify and hold the Town harmless including paying court costs and defense fees from any property damage claims resulting from restriction of access caused by the Contractor's negligent performance or undue delay. G.7.8. Suspension by Court Order: The Contractor shall suspend such part or parts of the work ordered by the court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the Town in the event the work is suspended by court order. G.7.9. Temporary Suspensions: The Engineer shall have the authority to suspend the work wholly or in part for such period or periods as he may deem necessary due to unsuitable weather conditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop the work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way and he shall take every precaution to prevent damage or deterioration. G.7.14. ' Abandonment by Contractor: In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Town or the Engineer, when such orders are consistent with the Contract Document, then, and in that case, where a performance bond exists, the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any materials, equipment, tools, or supplies then on the job, but the same, together with any materials and equipment and under contract for the work may be held for use on the work by the Town of the Surety on the construction bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work where credit shall be allowed as provided for under Article G.4.5., Extra Work), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. G.7.11. Termination of Contract: The contract will be considered fulfilled, save as provided in any maintenance stipulations, bond, or by law, when all the work has been completed, the final inspection made by the Engineer, and final acceptance and final payment made by the To-vvn. Section G.B. - Measurement and Payment G.8.1. Quantities and Measurement: No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents. number and weight only shall be considered, unless otherwise specifically provided. G.8.2. Estimated Quantities: This agreement, including the specifications, plans, and estimates, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they, are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposalsoffered for the work. It G-24 is understood and agreed that the actual amount of work to be done and materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in the case the actual quantity of any major item should become as much as 25% less than the estimated or contemplated quantity for such items; then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 25% of the estimated quantity. A "Major Item" shall be construed to be an individual bid item incurred in the proposal that has a total cost equal to or greater then five (5) percent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement, between the parties otherwise by the terms of this Agreement, as provided under "Extra Work" Article G.4.5. G.8.3. Partial Payment: On or before the 10th of each month the Engineer shall prepare a statement showing as completely as practicable the total value to the work done by the Contractor up to and including the 25th day of the preceding month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work; providing the Contractor can produce a paid receipt for the materials. The Town shall then pay the Contractor on or before the 25th day of the current month the total amount of the Engineer's statement, less five percent (5%) of the amount thereof for contracts - th a total contract price of four hundred thousand ($400,000.00) dollars or more, less ten percent (101/6) for contracts with a total contract price of less than four hundred thousand ($400,000.00) dollars but greater than or equal to ten thousand ($10,000.00) dollars, and in contracts for less than ten thousand ($10,000.00) dollars the retainage shall be fifteen percent (151/o), which five percent (5%), ten percent (10%) or fifteen percent (15%) shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the Town under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, the Town may - upon written recommendations of the Engineer - pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor at the Town's option, may be relieved of the obligation for fully completing the work, and thereupon, the Contractor shall receive payment of the balance due him under the work contract subject only to the conditions stated under "Final Payment." G.8.4. Final Completion and Acceptance: Within five (5) days after the Contractor has given , the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Town shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Engineer shall issue to the Town and the Contractor his Certificate of Completion, and thereupon it shall be G-25 the duty of the Town within ten (10) days to issue a Certificate of Acceptance of the work to the Contractor. G.8.5. Final Payment: Upon the issuance of the Certification of Completion, the Engineer, shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Town, who shall pay to the Contractor within thirty (30) days after the date of the Certificate of Completion, the balance due the Contractor under the terms of this Agreement, provided he has fully performed contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provisions in the Contract Documents, shall relieve the Contractor of the obligation for the fulfillment of any warranty which may be required in the Special Conditions of the specifications. G.8.6. Payments Withheld: The Town may, on account of subsequently discovered evidence, withheld or nullify the whole or part of any certificate to such extent as maybe necessary to protect himself from loss on account of: (a) Defective work not remedied (b) Claims filed or reasonable evidence indicating probable filing of claims (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor (d) Damage to another contractor When the above grounds are removed or the Contractor provides a Surety Bond satisfactorily to the Town which will protect the Town in the amount withheld, payment shall be made for amount withheld because of them. G.8.7. Delayed Payments: Should the Town fail to make payment to the Contractor of the sum named in any partial or final statement when payment is due, or should the Engineer fail to issue any statement on or before the date above provided, then the Town shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of six percent (6%) per annum, unless otherwise specified, from date due until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment not promptly made, as provided under "Partial Payment," and any time thereafter treat the contract as abandoned by the Town and recover compensation, unless such payments were withheld in accordance with the provisions of "Payments Withheld." G.8.8. Time Filing Claims: It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, orders or instructions to which the Contractor so desires to take exception. The Engineer shall reply to such written exceptions by the Contractor and render his final decision in writing. It is further agreed that final acceptance of the work by the Town and the acceptance by the Contractor of the final payment shall be a bar of any claims by either party, except, where noted otherwise in the Contract Document. G-26 ALL FORMSWITHIN SECTION "BP" MUST BE COMPLETED. IF ANY FORM IS • COMPLETED •,..... DATE: PROPOSALOF A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF A PARTNERSHIP CONSISTING OF AN INDIVIDUAL TRADING AS TO: THE HONORABLE MAYOR AND BOARD OF ALDERMEN TOWN OF WESTLAKE WESTLAKE, TEXAS GENTLEMEN: THE PURSUANT TO THE FOREGOING NOTICE TO BIDDERS, THE UNDERSIGNED BIDDER HEREBY PROPOSES TO DO ALL THE WORK AND FURNISH ALL NECESSARY SUPERINTENDENCE, LABOR, MATERIALS, AND EQUIPMENT TO COMPLETE ALL THE WORK UPON WHICH HE BIDS, AS PROVIDED BY THE ATTACHED SPECIFICATIONS AND SHOWN ON THE PLANS AND BINDS HIMSELF ON ACCEPTANCE OF HIS PROPOSAL TO EXECUTE A CONTRACT AND BOND, ACCORDING TO THE ACCOMPANYING FORMS, FOR PERFORMING AND COMPLETING THE SAID WORK WITHIN THE TIME STATED, AND MAINTAINING SAME AS REQUIRED BY THE DETAILED SPECIFICATIONS FOR THE FOLLOWING PRICES, TO -WIT: 1 have read and I am aware of the above Town of Westlake requirements for this project. Having a full understanding of these requirements, I hereby submit my bid for the project In case my bid is chosen for this project, I UNDERSTAND I MUST HAVE ALL OF THE REQUIRED FORMS COMPLETED AND DELIVERED TO THE TOWN OF WESTLAKE no later than 15 working days after the date of being informed (via facsimile or telephone) or the date of receipt of the contract forms (which ever occurs first) for this project. I further understand any failure in the completion and submission of a specific form is reason to reject the bid of my company and the Town of Westlake may select the next lower bidder. Contractor's name (Please print) Contractor's signature Date Addendum No. 4 BP -3 1PIDDER—S—Ma,11,1161p (Must be signed by the Contractor) The Town of Westlake wishes to thank you in advance for bidding on this project. Please be aware of the following requirements for bidding Town of Westlake work. It is important that you read and understand these qualification factors in order to achieve a rapid and smooth completion of the process. Correctly completing the forms (such as CG 25 03 11 85 form, if it's required) will affect how quickly the order "to proceed" and "to start the project" will be issued. All pertinent documents required by law and these instructions must be correctly completed. A successful completion of them, will not only benefit the Town of Westlake, but also you as the contractor, because among other things, the money reserved for the project will be ready to be used in your project and prompt scheduled payment may be made without any further delays. If you are unable to comply with formai requirements or fail to exercise due diligence in completing the required contract forms, the contract may be awarded to the next lowest bidder for the reason time is of the essence in these projects. THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND IT'S INSURANCE COMPANY: 1. Proposal (to be completed by the contractor) 2. Experience Record (to be completed by the contractor and must be notarized) 3. Standard Form of Agreement (to be completed by the contractor) 4. Corporate Acknowledgment; or Single Acknowledgment; or Partnership Acknowledgment NOTE Which ever is applicable to the contractor, Just one must be completed, and shall be notarized. 5. Bonds: Payment Bond; and Performance Bond; and Maintenance Bond NOTE: The contractor and the surety's representative shall complete All applicable Bond forms. 6. Power of Attorney or Certificate of Authority of Attorney(s) In -Fact (issued by the surety's company) 7. Town of Westlake Certificate of Insurance form (to be completed by the insurance company) 8. Affidavit Re Provision of Insurance (to be completed by the contractor and Insurance company) 's•- • •an 9. Indemnification by the Contractor (to be completed by the contractor) 10. Contractor's Certification of Worker's Compensation (to be completed by the insurance agent) 11. Amendment CG 25 03 11 85 (Per Project) (provided by the insurance company). NOTE: From October 1998, the form CG 25 0303 97 Designated Construction Project(s) General Aggregate Limit will be available. From that date, the Town of Westlake will accept such form, or the most current that is available in the market instead of CG 25 03 11 85. (a) All signatures must be originals. (b) The form CG 25 03 11 85 (or the most current one in use) must be included as part of the contract, (if it was part of the General Provisions and Requirements of the Bid package). (c) Make sure the appropriate forms have been correctly notarized. F-ATGTSM-T141 M, 21 rox, I have discussed the insurance requirements of this project with my insurance provider and have supplied them with the portion of the Instructions to Bidders that contains the insurance specification. I understand that a failure to provide the insurance coverages required and proof of same is grounds for rejecting my bid. CONTRACTOR BY NAME TITLE DATE I HAVE REVIEWED THE INSURANCEREQUIREMENTS CONTAINED IN BID AND DETERMINED THAT OUR AGENCY CAN PROVIDE THE NEEDED COVERAGES. I WILL EXECUTE AN UNMODIFIED CERTIFICATE OF INSURANCE REFLECTING THE REQUIRED COVERAGES ONCE THE CONTRACTOR HAS ACQUIRED THE COVERAGES FROM Insurance Company Date 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 (Please Print) Title 1f 31Iii-4W PRICES TO BE WRITTEN IN WORDS ITEM ESTIMATED TOTAL NO. QUANTITY ITEM DESCRIPTION UNIT PRICE PRICE FURNISH, CONSTRUCT, AND INSTALL COMPLETE IN PLACE SCHEDULE A - PRECINCT LINE DUCTBANK (FROM SOUTHERN TOWN LIMIT TO SH114) A-01. 8,334 LF CONSTRUCT TELECOM. DUCTBANK AS DETAILED ON PLANS AND AS PER ALIGNMENT SHOWN ON CIVIL DRAWINGS. DOLLARS CENTS PER L.F. $- A-02. 12 EA. MANHOLES DOLLARS CENTS PER EA. $ $ A-03. 5 EA. PULL BOXES DOLLARS CENTS PER EA. $ A-04. 100 LF. ADDITIONAL DEPTH (<5 VERTICAL FEET) OF DUCTBANK BEYOND DEPTH SHOWN ON THE DRAWINGS, AS DIRECTED BY THE ENGINEER DOLLARS CENTS PER LF. $ S SUB -TOTAL SCHEDULE A $ SCHEDULE B - KIRKWOOD BLVD DUCTBANK (FROM PRECINCT LINE TO SH114) B-01. 5,819 LF CONSTRUCT TELECOM. DUCTBANK AS DETAILED ON PLANS AND AS PER ALIGNMENT SHOWN ON DRAWINGS. DOLLARS CENTS PER L.F. $ $ B-02. 9 EA. MANHOLES DOLLARS CENTS PER EA. $ $ B-03. 5 EA. PULL BOXES DOLLARS CENTS PER EA. $ $ ITEM ESTIMATED NO. QUANTITY ITEM DESCRIPTION UNIT PRICE FURNISH, CONSTRUCT, AND INSTALL COMPLETE IN PLACE B-04. 100 LF. ADDITIONAL DEPTH (<5 VERTICAL FEET) OF DUCTBANK BEYOND DEPTH SHOWN ON THE DRAWINGS, AS DIRECTED BY THE ENGINEER DOLLARS CENTS PER LF. $ SUB -TOTAL SECTION B $ TOTAL PRICE SCHEDULE C - SAM SCHOOL RD. DUCTBANK (FROM KIRKWOOD TO TOWN LIMIT) C-01. 2,343 LF CONSTRUCT TELECOM. DUCTBANK AS DETAILED ON PLANS AND AS PER ALIGNMENT SHOWN ON DRAWINGS. DOLLARS CENTS PER L.F. $ $ C-02. 4 EA. MANHOLES DOLLARS CENTS PER EA. $ $ C-03. 100 LF. ADDITIONAL DEPTH (<_5 VERTICAL FEET) OF DUCTBANK BEYOND DEPTH SHOWN ON THE DRAWINGS, AS DIRECTED BY THE ENGINEER DOLLARS $ CENTS PER LF. $ SUB -TOTAL SECTION C $ MISCELLANEOUS ITEMS D-01. 30 LF ASPHALT PAVEMENT REMOVAL & REPLACEMENT DOLLARS $ CENTS PER L.F. $ Addendum No. 4 BP -9 SUB -TOTAL SECTION D TOTAL BASE BID (SECTIONS A+B+C+D) $ Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Addendum No. 5 Addendum No. 4 BP -10 TOTAL ITEM NO. ESTIMATED QUANTITY ITEM DESCRIPTION UNIT PRICE PRICE FURNISH, CONSTRUCT, AND INSTALL COMPLETE IN PLACE D-02. 225 LF CONCRETE PAVEMENT REMOVAL & REPLACEMENT S DOLLARS CENTS PER L.F. $ D-03. 50 CY CONCRETE ENCASEMENT OF TELECOM DUCTBANK S DOLLARS CENTS PER CY $ D-04. 16,496 LF TRENCH SAFETY SYSTEM, INCLUDING DESIGN & IMPLEMENTATION DOLLARS CENTS PER LF $ SUB -TOTAL SECTION D TOTAL BASE BID (SECTIONS A+B+C+D) $ Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Addendum No. 5 Addendum No. 4 BP -10 THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN TEN (10) DAYS AFTER THE DATE OF WRITTEN NOTICE TO COMMENCE WORK, AND TO SUBSTANTIALLY COMPLETE THE WORK ON WHICH HE HAS BID WITHIN 150 CALENDAR DAYS AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK FOR 5% Greatest Amount Bid ($ 5% GAB ) DOLLARS, ORA 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 TEN (10) DAYS AFTER THE SAID PROPOSAL IS ACCEPTED BY THE OWNER AND RECEIVED BY THE UNDERSIGNED; OTHERWISE, SAID CHECK OR BOND SHALL BE RETURNED TO THE UNDERSIGNED UPON DEMAND. THE UNDERSIGNED HEREBY DECLARES THAT HE HAS VISITED THE SITE AND HAS CAREFULLY EXAMINED THE CONTRACT DOCUMENTS RELATIVE TO THE WORK COVERED BY THE ABOVE BID. RESPECTFULLY SUBMITTED: wi EXPERIENCE RECORD List of projects bidder has successfully completed: Amount of Date Name and Address Contract Award Type of Work Accepted of Owner List of projects bidder is now engaged in completing: Amount of Date Name and Address Contract Award Type of Work Accepted of Owner List of Surety Bonds in force on the above uncompleted work: Amount of Contract Award Amount of Bond Acknowledgment on next page must be filled in. Name of Surety Company Submitted by: with principal office at a partner an individual a corporation TO BE FILLED IN BY CORPORATION TO BE FILLED IN BY PARTNERSHIPS: Date Incorporated Date Formed Under the Laws of State whether partnership is (State) general limited or associated. Executive Officer List of Members: State of _ County of , being duly sworn, deposes and says that he is the of (Title) (Name of Organization) and that the answers to the foregoing questions on the attached forms and all statements herein are true and correct; that the experience record is made a part of this affidavit as through written in full herein, and all statements and answers to questions given in the above mentioned experience record are true and correct. Sworn to before me this 20 My Commission Expires: (Seal) (Signature) day of Notary Public Addendum No. 4 BP -13 to the SPECIFICATIONS AND CONTRACT DOCUMENTS FOR TELECOMMUNICATIONS DUCTBANK OCTOBER 27, 2000 TOWN OF WESTLAKE SCOTT BRADLEY MAYOR -BOARD OF ALDERMEN FRED HELD - MAYOR PRO TEM DON REDDING BUDDY BROWN LARRY SPARROW -BILL FREY TRENT O. PETTY TOWN MANAGER W. JEFF WILLIAMS, P.E. TOWN ENGINEER TURNER ENGINEERS, INC. r�P,. ° . �.""••..,SYs ti CONSULTING ENGINEERS os� TWO ENERGY SQUARE 4849 GREENVILLE AVE., SUITE 1200 5 `"" '° lhJ J 'LIAfA a DALLAS, TEXAS 75206-4130 i f .... PHONE: (214) 378-5200 a C5174 r GRAHAM ASSOCIATES, INC. NAIL CONSULTING CONSULTING ENGINEERS & PLANNERS 616 SIX FLAGS DR., SUITE 400 ARLINGTON, TEXAS 76011 PHONE: (817) 640-8535 ®-2 80 Bids to be opened Thursday, November 2, 2000 at 2:00 p.m. October 27, 2000 The following modifications, clarifications, additions, or deletions shall be made to the appropriate sections of the Contract Documents: GENERAL The attached soil boring logs are provided for informational purposes. Their general locations are as follows: Boring B-4 — Kirkwood Blvd, near centerline Station 31+50. Boring B-9 — Future Precinct Line Rd., between proposed roadway centerline and proposed ductbank centerline, near Station 135+50. Boring B-14 - Future Precinct Line Rd., between proposed roadway centerline and proposed ductbank centerline, near Station 114+05. Clarification: The Town intends to consider both the calendar days bid (if less than 150) and the Total Base Bid in order to award the contract for this project. Modification: Delete previous versions of the Bid Proposal and insert the attached Bid Proposal in the appropriate section of the contract documents. Clarification: The Contractor Compliance to Texas Sales Tax Code form does not need to be completed until such time as the Contract is executed. Item 1 Clarification: Manholes shall be 12' by 12' nominal dimensions. Larger manholes are acceptable, not to exceed 15' outside dimensions. Item 2 Clarification/Modification: Pull -boxes shall be 8' by 8' minimum inside clear dimension. Pull -boxes shall include bottoms. Entry to pull -boxes shall be ring and cover rather than hinged doors. Item 3 Clarification: Lettering on manhole covers shall be 2" nominal dimension vertical. 80% height to width aspect ratio in a font that is legible, preferably Arial or straight block font of similar type. Item 4 Clarification regarding backfill/embedment requirements: Sand cushion shall be 12" above top of top conduit. Item 5 Addition: Contractor shall furnish and install conduit plugs in all conduits in manholes and pull boxes. Item 6 Deletion: Remove rebar on details for concrete encasement. Item 7 Addition: The attached Stormwater Pollution Prevention Plan (SWPPP) shall be added to the Contract Documents. Contractor shall submit the Notice of Intent to comply with the requirements of the SWPPP along with the Town. Item 8 Clarification: Contractor will be required to provide protective fencing around trees that are not marked for removal that are in close proximity to the work area. This is a subsidiary item. END OF ADDENDUM NO. 5 RECEIPT OF THIS ADDENDUM SHALL BE ACKNOWLEDGED IN THE APPROPRIATE SPACE IN THE CONTRACTOR'S BID PROPOSAL rdflfflg. FORMSALL BP MUSTCOMPLETED. SHALL REJECTED IF ANY FORM IS NOT COMPLETED APPROPRIATELY. DATE: 11/2/00 PROPOSAL OF Leigh Engineering, Inc. A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF Texas A PARTNERSHIP CONSISTING OF AN INDIVIDUAL TRADING AS TO: THE HONORABLE MAYOR AND BOARD OF ALDERMEN TOWN OF WESTLAKE WESTLAKE, TEXAS GENTLEMEN: THE PURSUANT TO THE FOREGOING NOTICE TO BIDDERS, THE UNDERSIGNED BIDDER HEREBY PROPOSES TO DO ALL THE EQUIPMENT PMENRK DFURNISH T TO COMPLETE ALL THE WORK LL NECESSARY SUPERINTENDENCE, LABOR, MATERIALS, AN UPON WHICH HE BIDS, AS PROVIDED BY THE ATTACHED SPECIFICATIONS AND SHOWN ON THE PLANS AND BINDS HIMSELF ON ACCEPTANCE OF HIS PROPOSAL TO EXECUTE A CONTRACT AND BOND, ACCORDING TO THE ACCOMPANYING FORMS, FOR PERFORMING AND COMPLETING THE SAID WORK WITHIN THE COIME STATE, AND R THE FOLDOWING PRINTAINING CES, TO -WIT: ME AS REQUIRED BY THE DETAILED SPECIFICATION Addendum No. 5 BP -2 1.) THE TOWN WILL PROVIDE "BASIC' HORIZONTAL & VERTICAL CONTROL (SEE SECTION 01051). THE TOWN WILL PROVIDE ONE TIME CONSTRUCTION STAKING. SUBSEQUENT CONSTRUCTION STAKING WILL BE THE RESPONSIBILITY OF THE CONTRACTOR. IN ADDITION, THE TOWN WILL PERFORM FIELD SURVEYING TO TIE THE ACTUAL LOCATION OF THE DUCT BANK. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION WITH THE TOWN. 2.) ALL UNDERGROUND UTILITY LOCATIONS AS SHOWN ON THE PLANS ARE APPROXIMATE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING THE EXACT LOCATIONS OF ALL UNDERGROUND UTILITIES AND NOTIFYING THE VARIOUS UTILITIES BEFORE CONSTRUCTION. THE DETERMINATION OF THE LOCATIONS OF THE UTILITIES SHALL NOT BE CONSIDERED SUFFICIENT BASIS FOR CLAIMS FOR ADDITIONAL COMPENSATION FOR EXTRA WORK OR FOR INCREASING THE PAY QUANTITIES IN ANY MANNER WHATSOEVER. 3.) ALL GAS, TELEPHONE, CABLE AND POWER LINES TO BE ADJUSTED SHALL BE ADJUSTED BY OTHERS. 4.) ALL ADJACENT PROPERTY DAMAGED BY THE PROPOSED CONSTRUCTION SHALL BE RESTORED TO EQUAL OR BETTER CONDITION THAN WHICH IT WAS FOUND BEFORE SUCH WORK WAS UNDERTAKEN (NON -PAY ITEM). 5.) PAVEMENT REPAIR PAY QUANTITIES WILL BE LIMITED TO THE MAXIMUM TRENCH WIDTH PLUS TWO FEET. ANY ADDITIONAL TRENCHING REQUIRED FOR TRENCH SAFETY PURPOSES SHALL BE CONSIDERED PART OF THE UNIT PRICE FOR TRENCH EXCAVATION. 6.) THE CONTRACTOR SHALL NOT BE PERMITTED TO HAVE ANY OPEN TRENCHES AT THE END OF EACH WORKING DAY UNLESS APPROVED BY THE ENGINEER. 7.) ALL CUT AND FILL SLOPES SHALL BE 4:1 EXCEPT AS NOTED ON THE PLANS OR AS DIRECTED BY THE ENGINEER. CUT SLOPES MAY BE STEEPENED TO PROTECT EXISTING TREES AND FENCES ONLY WITH PRIOR APPROVAL OF THE ENGINEER. ALL PROPERTY ADJACENT TO THE PROPOSED CONSTRUCTION SHALL BE GRADED AS DIRECTED BY THE ENGINEER (NON -PAY ITEM). 01000-1 8.) TRENCH BACKFILL SHALL BE IN ACCORDANCE WITH "TRENCH BACKFILL" SPECIFICATIONS AND DETAILS. NO WATER JETTING WILL BE ALLOWED. A 2 INCH LAYER OF LEVELING SAND IS REQUIRED UNDER SIDEWALKS. 9.) THE CONTRACTOR SHALL PRESERVE ALL EXISTING PAVEMENT, SHOULDERS, DRIVEWAYS AND SIDEWALKS. THE REMOVAL AND REPLACEMENT OF THE SAID ITEMS SHALL ONLY BE DEEMED NECESSARY IN ORDER TO COMPLETE THE PROJECT OR AS DIRECTED BY THE ENGINEER. ANY DAMAGE NOT DEEMED NECESSARY FOR THE COMPLETION OF SAID PROJECT SHALL BE REPLACED TO EQUAL OR BETTER CONDITIONS AS A NON -PAY ITEM, 10.) WHERE APPLICABLE, THE CONTRACTOR SHALL PLACE RUBBER MATS OR EARTH ON THE PAVEMENT TO PROTECT IT FROM TRACK MARKS AND/OR CRACKING DURING CONSTRUCTION (NON PAY ITEM). 11.) THE TOWN OF WESTLAKE WILL NOT REIMBURSE THE CONTRACTOR FOR ANY WATER USED TO PERFORM THE WORK AS REQUIRED IN THE CONTRACT. 12.) ALL DISTURBED AREAS SHALL BE FINISHED TO GRADE, SMOOTHED WITH A SUITABLE CEMENT FREE TOP SOIL (2" MINIMUM) AND SEEDED OR SODDED AS OUTLINED IN THE SPECIFICATIONS OR DIRECTED BY THE ENGINEER. 13.) ALL EXCAVATED MATERIAL DEEMED EXCESS OR UNSUITABLE FOR BACKFILL SHALL BE DISPOSED OF BY THE CONTRACTOR AT A SPOIL SITE DESIGNATED BY THE OWNER AT NO ADDITIONAL COST TO OWNER. THE SPOIL SITE LOCATIONS SHALL BE ON-SITE AS DIRECTED BY THE TOWN ENGINEER. THE LOCATIONS SHALL BE WITHIN 150 FEET AND ALONG THE TEMPORARY CONSTRUCTION EASEMENT IN THE FUTURE PRECINCT LINE RIGHT OF WAY. PAVEMENT,14.) ALL EXISTING ,D GUTTER, AND SIDEWALKTO BE DISPOSEDREMOVED SHALL BE R• 15.) THE CONTRACTOR SHALL PRESERVE ALL TREES, SHRUBS, SPRINKLER SYSTEMS, FENCES, MAIL BOXES AND OTHER PROPERTY OWNER IMPROVEMENTS NOT NOTED FOR REMOVAL. THE REMOVAL AND/OR REPLACEMENT OF THE SAID PROPERTY OWNER IMPROVEMENTS BY THE CONTRACTOR SHALL BE CONSIDERED AS A NON -PAY ITEM UNLESS A PAY ITEM EXISTS FOR THE SPECIFIC IMPROVEMENT. THE CONTRACTOR SHALL COMPLY WITH THE TREE PROTECTION ORDINANCE. 01000-2 16.) THE CONTRACTOR SHALL GIVE THE TOWN, RESIDENTS AND BUSINESSES AFFECTED BY ANY ANTICIPATED WATER OR SEWER SERVICE DISRUPTIONS AT LEAST FORTY EIGHT (48) HOURS PRIOR NOTICE. 17.) THE CONTRACTOR IS RESPONSIBLE TO PROTECT ALL WATER AND SEWER LINES AND PRIVATE UTILITIES CROSSING THE PROJECT. THE CONTRACTOR SHALL REPAIR ALL DAMAGED LINES IMMEDIATELY. ALL REPAIRS OF EXISTING WATER MAINS, WATER SERVICES, SEWER MAINS, AND SANITARY SEWER SERVICES SHALL BE CONSIDERED A NON -PAY ITEM. 18.) TESTING SHALL BE PERFORMED BY THE TOWN OF WESTLAKE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION WITH THE TOWN'S TESTING FIRM. THE TESTING SHALL BE IN ACCORDANCE WITH REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. 19.) CLEARING AND GRUBBING NECESSARY FOR THE CONSTRUCTION OF THE DUCTBANK SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. PRIOR TO TREE REMOVAL, THE ENGINEER MUST APPROVE THE REMOVAL. 20.) TREE MITIGATION SHALL BE PERFORMED BY THE TOWN. 21.) THE PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS ARE SHOWN ON THE CONSTRUCTION PLANS. 22.) THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) SHALL BE PREPARED BY THE TOWN AND IS PART OF THE CONSTRUCTION PLANS. THE CONTRACTOR SHALL JOINTLY WITH THE TOWN SUBMIT THE NOTICE OF INTENT (NOI) AS PER FEDERAL REGULATIONS. 23.) PAYMENT, PERFORMANCE AND MAINTENANCE BONDS SHALL BE REQUIRED OF THE CONTRACTOR. THE FORMS ARE INCLUDED WITH THE SPECIFICATIONS. 24.) A CASHIER'S OR CERTIFIED CHECK OR BID BOND IN THE AMOUNT OF 5% OF THE GREATEST AMOUNT BID SHALL BE SUBMITTED WITH THE BID. 25.) THE TOWN SHALL PROVIDE INSPECTION FOR THE PROJECT. 26.) IN THE CASE ROCK IS ENCOUNTERED IN THE TRENCH EXCAVATION, THE CONTRACTOR SHALL SUBMIT A REQUEST FOR CHANGE ORDER TO THE TOWN. 01000-3 27.) THE CONTRACTOR SHALL DEVOTE BOTH MANPOWER AND EQUIPMENT TO THE PROJECT ON A CONTINUOUS BASIS EACH AND EVERY WORKDAY IN SUFFICIENT QUANTITY TO BRING THE PROJECT TO COMPLETION WITHOUT DELAY. IF IT IS DETERMINED THE CONTRACTOR HAS FAILED TO DILIGENTLY PROSECUTE THE PROJECT, THE TOWN MAY ELECT TO HAVE THE REMAINING WORK PERFORMED BY ANOTHER CONTRACTOR AND DEDUCT WHATEVER IS PAID TO THE SUBSTITUTE CONTRACTOR FROM THE CONTRACTOR'S CONTRACT. SUCH ACTION MAY BE A BASIS FOR THE BOARD OF ALDERMEN REJECTING A FUTURE BID FROM SAID CONTRACTOR. 01000-4 '11. ! •''_ The work to be performed under this contract consists of furnishing all concrete, steel, appurtenances, tools, equipment, labor and incidentals necessary to install telecommunications duct bank facilities for the Town of Westlake along future Precinct Line Road, Kirkwood Boulevard and Sam School Road. The Engineer shall have the authority to specify the sequence of work to be performed for all work specified within the scope of the project. The Contractor shall provide and maintain access at all times for all business locations during the construction as a non -pay item. The Town of Westlake shall not reimburse the Contractor for any water used to perform the work as required in this contract. The Contractor shall review and understand the requirements for solid waste disposal (Section 01516). 1.2. JOB CONDITIONS A. PROJECT LIMITS 1. The Contractor shall confine his operations to the limits of the right-of-way and easements furnished by the Town. 2. The Contractor shall use extreme caution when working near adjacent properties so as to minimize the inconvenience to the public caused by the work herein. 3. When the Contractor is in doubt of the right-of-way or alignment, the Contractor shall request and follow the directions of the Engineer. 4. Any property corner or right-of-way marker removed or destroyed shall be replaced at the Contractor's expense. B. EXPLOSIVES The use of explosives will not be permitted on this project. C. PROPERTY PRESERVATION The Contractor shall be responsible for the preservation and protection of all trees, shrubs, sprinkler systems, fences, mail boxes, and other property owner improvements located within the limits of construction. The destruction or damage of said property owner improvements by the Contractor designated for preservation shall be replaced or repaired at the Contractor's expense. D. TRAFFIC CONTROL The Contractor shall route traffic and barricade all roads as required by the Town of Westlake. The information concerning the traffic control requirement can be obtained from the Engineer prior the bid opening. All barricades, signs and traffic control devices required for the project shall be a non -pay item. 1.3. REFERENCE SPECIFICATIONS A. Town of Westlake — Engineering Standards, latest edition B. North Central Texas Council of Governments — Standard Specifications for Public Works Construction, latest edition C. Texas Department of Transportation — 1993 Standards for Construction of Highways, Street and Bridges, with supplemental special provisions. 01010-2 EOTOTS ♦ •' A. Contractor shall coordinate with all utility companies to field verify the horizontal and vertical locations of all utilities which may conflict with the alignments shown and shall notify the Engineer of any conflicts that may exist prior to construction. 01050-1 1. DESCRIPTION: This item shall consist of preparing ground, providing, and planting seed, or a mixture of seeds, or the kind specified along and across such areas as are designated by the project engineer. 2. MATERIALS: The type seed used shall be in accordance with COG Specification, Section 3.10, and approved by the Engineer and Owner. All seed must carry a Texas Seed Label showing purity and germination, name and type of seed and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within 9 months of the time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. Grass seed shall equal or exceed 95% purity and 90% germination. The type seed shall be submitted to the Engineer for approval prior to hydromulching. The following are additional requirements for grass: a. Seed: Common Bermudagrass (Cynodon dactylon): Extra fancy, hulled and treated lawn type seed with purity of 95% of better and germination of 85% or better, and per requirements of Texas Seed Law. Weed content less than 1/2". No noxious weeds. b. Virgin wood cellulose fiber for hydromulch - Weyerhauser or Conweb with green color additive. 3. PLANTING SEASON: Planting of hulled bermuda grass seed shall be done between the months of April through September. The density of seeds planted shall be 80 pounds per acres. A blend of 30 pounds Rye grass and 40 pounds unhulled bermuda may be used between the months of February through April, if approved by the project engineer. Seeding to be used between September and February will be 50 pounds per acre of rye grass if approved by project engineer. 4. CONSTRUCTION METHODS: The designated areas shall raked, leveled and fine graded as necessary to provide a smooth uniform grade, free of ruts, depressions, humps and objectionable soil clods, prior to seeding. The area shall also be free of weeds, rubbish, and building materials. Any low areas shall also be filled to prevent ponding. All particles in the seed bed shall be reduced to less than one inch (1") in diameter or they shall be removed. The area to be seeded shall be loosened or disked prior to placement of seed in areas that appear to be overly compacted or to destroy existing vegetation at the direction of the Project Engineer or authorized representative. The cost of any chemical 01160-1 treatment to the soil in order to establish a uniform stand of grass will be subsidiary to "Hydromulch Seeding". Seeding of the type specified shall be performed in accordance with the requirements in COG Specification 3.10 except as hereinafter described: a. Watering: The seeded areas shall be watered as necessary (including temporary irrigation) to establish grass as described in Establishment and Acceptance of Seeding. b. Hydro -Mulch Seeding: In accordance with COG Specification 3.10.7 Alternate methods for placement of seed may be used if approved by the Engineer. 5. MEASUREMENT: Work and acceptable material for "Seeding" will be measured by the lump sum, complete in place. 6. PAYMENT: The work performed and materials furnished will be paid for in the lump sum, which price shall be full compensation for furnishing all materials and for performing all operations necessary to complete the work, including fertilizer. Once a "uniform stand of grass" is provided, the City will provide payment for the seeding. See definition of "uniform stand of grass" below. 7. ESTABLISHMENT AND ACCEPTANCE OF SEEDING: Regardless of unseasonable climatic conditions or other adverse conditions affecting planting operations and the growth of the grass, it shall be the sole responsibility of the Contractor to establish a uniform stand of grass as herein specified. When adverse condition such as drought, cold weather, high winds, excessive precipitation, or other factors prevail to such an extent that satisfactory results are unlikely, the Owner may, at his own discretion, stop any phase of the work until conditions change to favor the establishment of grass. The Contractor shall be responsible for mowing until acceptance by Owner. Uniform Stand of Grass: A uniform stand with complete coverage of the specified grass shall be defined as not less than one hundred fifty (150) growing plants per square foot seeded. Growing plants shall be defined as healthy grass plants of two blades or more at least 2 inches tall. POST -PLANTING MAINTENANCE: Maintenance shall begin immediately after each portion of grass area is planted. It will be the Contractor's responsibility to maintain the existing grades and leave them in a true and even condition after planting. The Contractor may also, at the sole expense of the Contractor, establish temporary turf to provide erosion control. All planted areas will be protected and maintained by watering, weed control, mowing, and replanting as necessary for at least thirty (30) days after initial planting and for as much longer as necessary to establish a UNIFORM STAND WITH COMPLETE COVERAGE OF THE SPECIFIED GRASS. FERTILIZER (Subsidiary to SeedingItem 1. Uniform composition. 2. Pelletized. 3. Containing following minimum percentage of plant food by weight* a. Nitrogen- 16% or Nitrogen: 15% b. Phosphoric Acid- 4% or Phosphoric Acid- 5% C. Potash: 8% or Potash: 10% 4. The fertilizer shall be delivered to the site in bag or other convenient containers, each fully labeled, conforming to the applicable state fertilizer laws, and bearing the name, trade name or trademark, and warranty of the producer. MULCH 1 Maximum Moisture Content...............................12% ± 3%, \/TM -47 2. Cellulose Fiber Content ............................98.6% ± 2%, ASTM D-586 3. Ash Content ................................ 1.6% MAXIMUM, ASTM D- 586 4. PH ............................................................ 6.5 ± 1 5. Minimum Water Holding Capacity .................... 90% MINIMUM, VTM-46 6. Mulch shall be dyed green with a biodegradable dye that does not inhibit plant growth. 7. Wood fiber mulch shall be packaged in units not exceed 100 lbs. The package shall contain current labels, the manufacturer's name and the net weight. 01160-3 TACKIFIER: 1. Terra Tack AR or Terra Tack 11 as manufactured by Grass Growers, 424 Cottage Place, Plainfield, New Jersey, 02060. Water: Potable, available on-site. Contractor shall furnish temporary hoses and connections as required. Contractor shall pay for all water until Final Acceptance. APPLICATION (Hydromulch Seed Only) A. Apply hydromulch material with an approved spray applicator equipment suitable for the seed, mulch and stabilizer specified. B. Apply materials at the following rates or as approved by the Landscape Architect. 1. Mulch with Tackifier 1,600 pounds per acre (36.75 lbs/1000 sf.) 2. Fertilizer: 523 pounds per acre (12.0 lbs./1000 sf). 3. Hulled Common Bermuda Grass: 87 pounds per acre (2 lbs/1000 sf). 4. Tackifier: as specified by manufacturer. C. Water all hydromulched areas to a minimum depth of 4 inches 01160-4 1.1. DESCRIPTION The Contractor shall prepare a progress and a schedule bar chart based upon date of notice to proceed. This chart shall list the major items in sequence of construction and their estimated times of completion. An updated chart shall be submitted each month. 1.2. SUBMITTAL A preliminary schedule chart shall be submitted at or before the pre -construction conference. The Contractor shall submit an updated progress and schedule bar chart each month prior to the scheduled date that the Town processes the Contractor's monthly estimate for the duration of the contract. 01320-1 1.1, DESCRIPTION The Contractor shall be required to furnish a water meter for metering all water used on this project. The Contractor shall pay for all water used on this project directly to the Town of Westlake when the job is completed and before final acceptance by the Town Engineer. 11110721MINI • 1.1. DESCRIPTION The Contractor shall dispose of all refuse at a Texas Department of Health (TDH) approved landfill. A list of all landfills having a TDH permit is available at the Arlington Office of TDH. The North Central Texas Council of Governments (NCTCOG) has prepared, for sale, a list of all landfills in the NCTCOG regrow. The D/FW landfill is listed in the telephone book "yellow pages". Alternately, the Contractor may arrange with a Commercial waste firm to simply supply a roll -off bin for disposal purposes. Several private regional landfills are available in the NCTCOG area. The contractor shall determine which method best fits the project requirements. 01516-1 1.1. DESCRIPTION The work as specified in this section includes such signs, flagmen, flares, torches, or light as deemed necessary for public safety. 1.2. MEASUREMENT AND PAYMENT No separate payment will be made for any items of work, materials, parts, equipment, supplies, or related items required to perform and complete the requirements of this section. 1.3. RELATED WORK DESCRIBED ELSEWHERE FLAGMEN SECTION 01572 PART 2 - PRODUCTS 2.1. MATERIALS A. All signs and barricades shall be constructed, painted and maintained in accordance with the applicable requirements on pages BC -1 through BC -6. B. The Contractor shall contact the Engineer to coordinate all signs and barricades and will be required to provide standard barricades, markers, beacons, warning signs, etc., as listed below: PAGE TYPE DESIGNATION "Observe Warning Sign" R10-8 BC -3 "Road Work Ahead CW21-4 BC -5 "Right Lane Closed Ahead CW20-5DR BC -4 "Single Lane Ahead CW20-6D BC -4 "Barricade (w/flasher) Type III BC -1 &2 "Barricade (w/flasher) Type I BC -1 &2 Cones (18" min. ht.) None Beacons (for Traffic separation) None ,Slow" CW13-4 BC -6 "End Road Work" C20-3 BC -3 01533-1 The Contractor shall provide and maintain such other signs as may be deemed necessary by the Engineer. The Contractor shall also provide and maintain such other signs as may be deemed necessary by the Texas Department of Transportation (TXDOT) if the construction is within TXDOT right-of-way. �M:IhiIIIISITTAI The Contractor shall provide, construct, and maintain barricades and signs as shown on the plans or as directed by the Engineer. The Contractor shall provide Class "D" barricades on both sides of each street entering the project. The Contractor's particular attention is directed to the necessity of providing and maintaining a sufficient number of lights of flares at barricades and points of danger; for the protection of vehicular or pedestrian traffic. Lights and flares shall be placed in number and spacing as directed by the Engineer and shall be maintained between sunset and sunrise. 3.2. The Contractor shall provide in writing, names, addresses and emergency phone numbers to the Engineer. 3.3. The Contractor shall maintain a minimum of the barricades as indicated on the plans and place the barricades according to the phases of construction sheet in the plans according to the phasing of the project. 01533-2 1.1. DESCRIPTION When directed by the Engineer, the Contractor shall sprinkle areas where dusty conditions create a nuisance or hazard within the limits of this project. 1.2. MEASUREMENT AND PAYMENT A. No separate measurement and payment will be made for sprinkling. 01562-1 1AWe[ey,100� 1.1. DESCRIPTION A. The Contractor shall provide and maintain flagmen at such points and for such periods of time as may be required to provide for the safety and convenience of public traffic and Contractor's personnel, and as directed by the Engineer. 1.2. QUALITY ASSURANCE A. Qualifications: Flagmen shall be English speaking, courteous, well informed, physically and mentally able effectually to perform their duties in safeguarding and directing traffic and protecting the work and shall be neatly attired and groomed at all times, when on duty. 1.3. MEASUREMENT AND PAYMENT No separate payment will be made for traffic control. 1.4. RELATED WORK DESCRIBED ELSEWHERE BARRICADES .j, Lei 011 SECTION 01533 Flagmen, when directing traffic, shall use the standard flags and signals shown in a pamphlet entitled, "1980 TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS", a publication of State Department of Highways and Public Transportation, Austin, Texas. 01572-1 j a • y p 1.1. DESCRIPTION A. The Contractor shall perform such clean-up work as is deemed necessary by the Engineer. B. The work shall at all times, present a neat and orderly appearance, and all cleaning up shall be completed and all construction machinery and equipment, surplus materials, supplies and debris shall be removed from the street or right- of-way prior to acceptance of the final work by the Engineer. The Contractor shall be responsible for final clean-up, which may be necessitated by his operations on the right-of-way outside the limits of his work. C. The Contractor shall maintain all drainage structures within the project location. All drainage structures shall remain free and clear of debris, mud, etc. during construction and shall be thoroughly cleaned at the end of said construction. All disturbed drainage ditches, road side ditches or earthen channels shall be reshaped or graded to provide the necessary drainage to match originals contours. No pay item is provided for cleaning of drainage structures or restoration of same. 1.2. MEASUREMENT AND PAYMENT No pay item is provided for clean-up. If, in the opinion of the Engineer, the Contractor is not providing adequate clean-up, 10% of the total work performed may be withheld, for the purpose of clean-up. This is to assure the Owner that acceptable clean-up follows as soon as possible after the installation of said improvements. At the completion of clean-up, the 10% withheld for said purpose, will be released. The 10% retained for clean-up is in addition to the normal retainage for all items in the project. r• � 01710-1 Sand backfill shall be used to backfill the trench to the dimensions shown on the details in compliance with COG specifications 2.1.5 and 6.2.10. The sand shall consist of durable particles; free if thin or elongated pieces, lumps of clay, soil, loal or vegetable matter. The material shall not have particles large enough to damage the pipe. In addition, the Contractor must be able to achieve the required density. The appropriate gradation of the marterial shall be the following: Passing No. 4 sieve 4.75 mm) 100% Passing No. 16 sieve 1.18 mm 80 to 100% Passing No. 50 sieve 300 um 20 to 60% Passing No. 100 sieve 150 um 10 to 40% Passing No. 200 sieve (75 um) 1 0 to 10% 02200-1 X", ADDENDUM NO. 4 to the SPECIFICATIONS AND CONTRACTS DOCUMENTS FOR TELECOMMUNICATIONS DUCTBANK OCTOBER 20, 2000 TOWN OF WESTLAKE SCOTT BRADLEY MAYOR BOARD OF ALDERMEN FRED HELD — MAYOR PRO TEM DON REDDING BUDDY BROWN LARRY SPARROW BILL FREY TRENT O. PETTY TOWN MANAGER W. JEFF WILLIAMS, P.E. TOWN ENGINEER TURNER ENGINEERS, INC. g9�Eot' ` CONSULTING ENGINEERS TWO ENERGY SQUARE m 4849 GREENVILLE AVE., SUITE 1200.................p, WILLIAMSe DALLAS, TEXAS 75206-4130 p �:, t�4 .................... �F � PHONE: (214) 378-5200 1�®�,e j®N AL GRAHAM ASSOCIATES, INC. 2v CONSULTING ENGINEERS & PLANNERS • • • • •Rllllll Bids to be opened Thursday, November 2, 2000 at 2:00 p.m. October 20, 2000 The following modifications, clarifications, additions, or deletions shall be made to the appropriate sections of the Contract Documents: Clarification: It is the intent of the Town of Westlake to issue theStormwater Pollution Prevention Plan and Tree Protection details at or before the October 25, 2000 mandatory pre-bid conference. Modification: Insert the attached bid proposal in the appropriate section of the contract documents previously provided under Addendum No. 3. Clarification: Work required by the plans or called for in the specifications for which no pay item has been provided or which is listed as a non -pay item shall be considered subsidiary. No additional payment will be made for such items. Modification/Clarification: The plans issued with this addendum supersede previous plans included with the contract documents. RECEIPT OF THIS ADDENDUM SHALL BE ACKNOWLEDGED IN THE APPROPRIATE SPACE IN THE CONTRACTOR'S BID PROPOSAL 11/UZ/ZUUU 7riU U1i; 34 PA -k VIZI IU10UU 11/01/2000 12:11 FAR 2146309819 I1002 rY0 F IN SURANCL I have discussed fhis• project with my insurance provider and have supplied thern= with, the. �ion of the Ins�i°ii�tiat�s''t�':�3itid'eas that contains the insurgnqe specification. I understand that• a failur'i to provide the insurance coverades required and pm'of of same is ground8 for rejecting rny'bid. CONTRACTOR By NAND Trrl,E _ I HAVE REVIEWED THE INSURANGF:z REQUIRIEMENTS �\CCyJ3 'iyp"AINEC�, : ►N h.BiDr,��-. AND DETERMINED THAT OUR AGENCY CAN !��ROV[DE B k6�EE[JED_` COVERAGF-S. I WILL EXECUTE AN UNMODiI )ED CERTIFICATE..OF— INSURANCE'-- REFLECTING THE REQUIRED COVERAGES ONCE THE CONTRACTOR H�Ls ACQUIRE6�YEI�_ _-- COVERAGES FROM CTS. Al Print dame - Title �gnature '7� �� SFr. InsLtT'a ce C€) �3�n}P Addendum No. 5 BP -6 INDEMNIMATION BY CONTRACTOR Town shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of Town, without; however, waiving any governmental immunity available to the Town under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of Town is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the Town for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. Leigh Engineering, Inc. _ Com any Name (Contractor) l� Signat e _ Troy Butt Name (Please Print) _ Division rianager Title Addendum No. 5 BP -7 PRICES TO BE WRITTEN IN WORDS ITEM ESTIMATED NO. QUANTITY ITEM DESCRIPTION UNIT PRICE FURNISH, CONSTRUCT, AND INSTALL COMPLETE IN PLACE SCHEDULE A — PRECINCT LINE DUCTBANK (FROM SOUTHERN TOWN LIMIT TO SH114) TOTAL PRICE A-01. 8,334 LF CONSTRUCT TELECOM. DUCTBANK AS DETAILED ON PLANS AND AS PER ALIGNMENT SHOWN ON CIVIL DRAWINGS. Fifty-four DOLLARS Thirtv CENTS PER L.F. $ 54.30 $ 452.536.20 A-02. 12 EA. MANHOLES Seventeen Thousand Eight Hundred Twenty-six DOLLARS No CENTS PER EA. $ 17.826.00 $ 213.912.00 A-03. 5 EA. PULL BOXES Eight Thousand Twelve DOLLARS No CENTS PER EA. $ 8.012.00 $ 40.060.00 A-04. 100 LF. ADDITIONAL DEPTH (<5 VERTICAL FEET) OF DUCTBANK BEYOND DEPTH SHOWN ON THE DRAWINGS, AS DIRECTED BY THE ENGINEER A-05. 142 LF A-06. 1 LS. DOLLARS Fifty CENTS PER LF. $ 6.50 $ 650.00 ASPHALT PAVEMENT REMOVAL & REPLACEMENT Eighty DOLLARS Ninety-eight CENTS PER LF. $ 80.98 $ 11,499.16 IMPLEMENTATION OF THE STORMWATER POLLUTION PREVENTION PLAN FOR SCHEDULE A ONLY Twenty-three Thousand Five Hundred Fifty DOLLARS No CENTS PER LS. $ 23.550.00 $ 23 550.IX0 SUB -TOTAL SCHEDULE A $ 742 207.36 Addendum No. 5 BP -8 SCHEDULE B — KIRKWOOD BLVD DUCTBANK (FROM PRECINCT LINE TO SH114) ITEM ESTIMATED TOTAL NO. QUANTITY ITEM DESCRIPTION UNIT PRICE PRICE FURNISH, CONSTRUCT, AND INSTALL COMPLETE IN PLACE B-01. 5,819 LF CONSTRUCT TELECOM. DUCTBANK AS DETAILED ON PLANS AND AS PER ALIGNMENT SHOWN ON DRAWINGS. Sixty-two DOLLARS Thirty-nine CENTS PER L.F. $ 62.39 $ 363,047.41 B-02. 9 EA. MANHOLES Seventeen Thousand Eight Hundred Twenty-six DOLLARS No CENTS PER EA. $ 17,826.00 $ 160,434.00 B-03. 5 EA. PULL BOXES Eight Thousand One Hundred Two DOLLARS No CENTS PER EA. $ 8,102.00 $ 4051 0.00 B-04. 36 LF. ASPHALT PAVEMENT REMOVAL & REPLACEMENT Sixty-three DOLLARS Nineteen CENTS PER LF. $ 63.19 $ 2.274.84 B-05. 100 LF. ADDITIONAL DEPTH (_<5 VERTICAL FEET) OF DUCTBANK BEYOND DEPTH SHOWN ON THE DRAWINGS, AS DIRECTED BY THE ENGINEER Six DOLLARS Fifty CENTS PER LF. $ 6.50 $ 650.00 B-06. 174 LF. CONCRETE PAVEMENT REMOVAL & REPLACEMENT Fifty-four DOLLARS Two CENTS PER LF. $ 54.02 $ 9.399.48 B-07. 1 LS. IMPLEMENTATION OF THE STORMWATER POLLUTION PREVENTION PLAN FOR SCHEDULE B ONLY Six Thousand Ninety-five DOLLARS No CENTS PER LS. $ 6,095.00 $ 6.095.00 SUB -TOTAL SCHEDULE B $ 582 410.73 Addendum No. 5 BP -9 SCHEDULE C — SAM SCHOOL RD. DUCTBANK (FROM KIRKWOOD TO TOWN LIMIT) ITEM NO. ESTIMATED QUANTITY ITEM DESCRIPTION UNIT PRICE TOTAL PRICE FURNISH, CONSTRUCT, AND INSTALL COMPLETE IN PLACE C-01. 2,343 LF CONSTRUCT TELECOM. DUCTBANKAS DETAILED ON PLANS AND AS PER ALIGNMENT SHOWN ON DRAWINGS. Sixty-one DOLLARS No CENTS PER L.F. $ 61.00 $ 142,923.00 C-02. 4 EA. MANHOLES Seventeen Thousand Eight Hundred Twenty-six DOLLARS No CENTS PER EA. $ 17 826.00 $ 71.304.00 C-03. 100 LF. ADDITIONAL DEPTH (_<5 VERTICAL FEET) OF DUCTBANK BEYOND DEPTH SHOWN ON THE DRAWINGS, AS DIRECTED BY THE ENGINEER Six DOLLARS Fifty CENTS PER LF. $ 6.50 $ 650.00 C-04. 300 LF. CONCRETE PAVEMENT REMOVAL & REPLACEMENT Fifty-four DOLLARS Two CENTS PER LF. $ 54.02 $ 16.206.00 C-05. 50 LF. BRICK PAVER REPAIR Seventy-two DOLLARS No CENTS PER LF. $ 72.00 $ 3 6x0.00 C-06. 1 LS. IMPLEMENTATION OF THE STORMWATER POLLUTION PREVENTION PLAN FOR SCHEDULE C ONLY Three Thousand Nine Hundred Ninety DOLLARS No CENTS PER LS. $ 3,990.00 $ 3.990.00 SUB -TOTAL SCHEDULE C $ 238,673.00 MISCELLANEOUS ITEMS ITEM ESTIMATED TOTAL NO. QUANTITY ITEM DESCRIPTION UNIT PRICE PRICE FURNISH, CONSTRUCT, AND INSTALL COMPLETE IN PLACE D-01. 190 CY CONCRETE ENCASEMENT OF TELECOM DUCTBANK One Hundred Twenty-three DOLLARS No CENTS PER CY $_______123 00 $ 23.370.00 D-02. 16,496 LF TRENCH SAFETY SYSTEM, INCLUDING DESIGN & IMPLEMENTATION One DOLLARS Eleven CENTS PER LF $ 1.11 $ 18,310.56 SUB -TOTAL MISCELLANEOUS ITEMS $ 41 680.56 Addendum No. 5 BP -11 Subtotal Schedule A Subtotal Schedule B Subtotal Schedule C Subtotal Miscellaneous TOTAL BASE BID (Schedules A+B+C+Misc.) Bid Calendar Days (Only if less than 150 days) Receipt is acknowledged of the following addenda: $ 742 207.36 $ 582 410.73 $ 238 673.00 $ 41 680.56 $ 1,604,971.65 Addendum No. 1 X Addendum No. 2 X Addendum No. 3 X Addendum No. 4 X Addendum No. 5 X Addendum No. 6 X Addendum No. 5 BP -12 THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN TEN (10) DAYS AFTER THE DATE OF WRITTEN NOTICE CN 150 CALENDAR AND TO CALENDAR SUBSTANTIALLYAYSAS COMPLETE THE WORK ON WHICH HE HAS BID W TH PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED FOR WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK ro/ r.„ +004 Amnitnf Rini ($ 5% GAB ) DOLLARS, OR A PROF'U5AL bUwu IN i nc JUvI .J1 k i 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 TEN (10) DAYS AFTER THE SAID PROPOSAL IS ACCEPTED BY THE O ANL BEAND RECEIVED BY THE RET RETURNED TO THE UNDERSiGNED1 UPON OTHERWISE, SAID CHECK OR BOND DEMAND. THE UNDERSIGNED HEREBY DECLARES CAREFULLY EXAMINED THE CONTRACT DOCUMENTS RELATIVE TO THE WORK COVERED BY THE ABOVE BID. SEAL - IF BIDDER A CORPORATION RESPECTFULLY SUBMITTED: Leigh Engineering, Inc. 8908 Ambassador Row Dallas, Texas 75247 ' :!:i�4 -� , -a- BY: U Troy Butt Division Manager Addendum No. 5 BP -13 0 . i List of projects bidder has successfully completed: Amount of Contract Award Date Type of Work Accepted Name and Address of Owner $ 941,000 15KV Electrical Duct Bank 5/1/00 Texas Instruments - Richardson $1,200,000 DMOS6 Electrical Duct Bank Texas Instruments - Richardson $ 800,000 DMOS5 Electrical Duct Bank Texas Instruments - Richardson List of projects bidder is now engaged in completing: Amount of Date Name and Address Contract Award Type of Work Accepted of Owner $130,000 Above Ground Fuel Tank Install City of Plano $164,488 Electrical Duct Bank Texas Instruments - Richardson $ 14,900 Storm Drain Install 9/20/00 Rogers -O'Brien Construction - Dallas $ 26,715 Backflow Prevention Replacement 9/30/00 Texas Instruments - Richardson List of Surety Bonds in force on the above uncompleted work: Amount of Amount of Name of Surety Contract Award Bond Company $130,000 McQueary Henry Bowles Troy, L.L.P. $164,488 McQueary Henry Bowles Troy, L.L.P. Acknowledgment on next page must be filled in. Addendum No. 5 BP --14 a partner Submitted by: Leigh Engineering, Inc. an individual a corporation with principal office at 8908 Ambassador Row Dallas Texas 75247 TO BE FILLED IN BY CORPORATION Date Incorporated 1972 Under the Laws of Texas (State Executive Officer Richard Leigh TO BE FILLED IN BY PARTNERSHIPS: Date Formed State whether partnership is general limited or associated. List of Members: State of Texas County of Dallas , being duly sworn, deposes and says that he is the —��."S�je"I�- Of Leigh Engineering, Inc. (Title) (Name of Organization) and that the answers to the foregoing questions on the attached forms and all statements herein are true and correct; that the experience record is made a part of this affidavit as through written in full herein, and all statements and answers to questions given in the above mentioned experience record are true and correct. (Signature) Sworn to before me this 2nd day of Novemb_e 20 oo . My Commission Expires: (Seal) �2�-2-11-V I Notary Public CHA MARIE SMITH t"= NAY COMMISSION EXPIRES July 22, 2001 o, Addendum No. 5 BP -15 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE The Contractor shall comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Material incorporated in the Project (resold to the Owner as defined in Tax Code) All other charges and costs Total * * The total must equal the total amount of the Contract. $ 920,929.00 $ 683,717.00 $ 1,604,646.0 CONTRACTOR Leigh Engineering, Inc. By: Company (signature of mthorized person) 8908 Ambassador Row Address Dallas TX 75247 City State Zip Title: President THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND MADE A PART OF THE CONTRACT. Addendum No. 5 BP -16 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 F -0019i i • KNOW ALL MEN BY THESE PRESENTS, that we Leigh Engineering, Inc 8908 Ambassador Row, Dallas, Texas 75247 as Principal, hereinafter called the Principal, and United States Fire Insurance Company a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Westlake, 3 Village Circle, Suite 207 Westlake Texas 76262 as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) Of The Greatest Amount Bid. Dollars ($5%GAB), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Telecommunications Ductbank NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2nd day of November, 2000. ( itness) / ( itness) AIA DOCUMENT A310 • BID BOND • AIA qD • FEBRUARY 1970 ED • THE AMERICAN Leigh Engineering, Inc. (%rind i) (Seal) (Title n' States it lnsurance Com any ur ty) (Seal) Ka i ons, Attorney -in- act POWER!ATTORNEY UNITED ` COMPANY '' 9, �, 53 PRINCIPALOFFICE, ! • KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES FIRE INSURANCE COMPANY a Corporation duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Donald E. Bowles, Jr., Bill Henry, John D. Fulkerson, Jane Passino, Kae Gibbons, Michele Degnon, and Donnie Doan of Dallas, Texas, each its true and lawful Agent(s) and Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings---------------------------------------- - and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey, in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5t' day of October. 2000. Attest: Assistant Secretary Herbert H. Linder a - , �4iyB'E'N YoF� _ `Z ..��r STATE OF NEW JERSEY) ss.: COUNTY OF MORRIS ) UNITED,S TES FIRE SURANCE COMPANY —2VS for Vice President Peter J. Daly On this5`� day of October, 2000, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of United States Fire Insurance Company, to me personally known to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year first above written. (Sig (Seal) Notary Public Catherine A Sincavage Notary Public of New jerw MY Commission Expires July 12, This Power of Attorney is granted pursuant to Article IV of the By -Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE IV Execution of Instruments. "The Chairman of the Board, Vice -Chairman of the Board, President, or any Vice -President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including axing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By -Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE III Section 9 Facsimile Signatures. "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced ... The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons Who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." State of New Jersey County of Morris I, the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that tb.e above quoted abstracts of Article IV and Article III, Section 9 of the By -Laws of the Corporation are now in full force and effect. Ip Te�irnony ereof, I ave hereunto subscribed my name and affixed the corporate seal of the said Company, this By --I \k -�s-.1 Assistant Secretary Herbert H. Linder •� 1 i + i • : + ' IN Bids to be opened Thursday, November 2, 2000 at 2:00 p.m. •• • November 1, 2000 The following modifications, clarifications, additions, or deletions shall be made to the appropriate sections of the Contract Documents: The attached coring logs are provided for informational purposes. Their general locations are shown on the attached location map. Item 1 Clarification: The required opening size for manholes and pull -boxes shall be 36", except for Manholes T-002 and T-005, which shall be 42". Item 2 Clarification: The mechanism for locking covers shall be capable of preventing un -authorized entry, such as a special head bolt (other than 5 or 6 sided), or insertion key to release a spring mechanism. END OF ADDENDUM NO. 6 RECEIPT OF THIS ADDENDUM SHALL BE ACKNOWLEDGED IN THE APPROPRIATE SPACE IN THE CONTRACTOR'S BID PROPOSAL LEGEND Approximate Coring Location NORTH TERRA-MAR Sam School Road PLAN OF COR(NGS FIGURE Westlake, Texas 11050 Ables Lane Dallas, Texas 75229 Drawn by Date Revised Scale Project No. (972) 488-8800 AKH 30OCT2000 '" Not to Scale DE00-187 Project: Sam School Road - Westlake, Texas Date: 10/30/2000 Elev.: 596.5± Location: See Figure 1 Depth to water at completion of boring: Dry (Backfilled) Depth to water when checked: NIA Depth to caving when checked: NIA Project No.: DE00-187 was: NIA was: N/A ELEVATIO Nf DEPTN (feet) SOIL SYMBOLS SAMPLER SYMBOLS & FIELD TEST DATA DESCRIPTION MC % LL X PL % PI -200 X DO pcf P.PEN of UNCON W Strain % o ------------------------ 8" Concrete 596- p Y.v b - FILL - Brown sandy CLAY w/ trace gravel (CL) 2 594 Box culvert encountered at 2.67' from top of existing pavement. 3 593- 4 592- -5 591- 6 590- 7 589 Notes: Completion Depth: 2.67' TERRA -MAR, INC. Project: Sam School Road -Westlake, Texas Date: 10/30/2000 Elev.: 589.5± Location: See Figure 1 Depth to water at completion of boring: Dry (Backfilled Depth to water when checked: N/A Depth to caving when checked: N/A Project No.: DE00-187 was: N/A was: N/A ELEVATIONI DEPTH (feet) SOIL SYMBOLS SAMPLER SYMBOLS & FIELD TEST DATA DESCRIPTION MC % LL % PL % PI '200 % DD pcf P.PEN tsf UNCON tsf Str6. % o '.a �,a' ---------------------------- 6.5" Concrete y do' c,q• 589- _________.._._ ______________________________________________ .... ....._ .............._.._....__._..__._. _..__.__._ _ ._ FILL - Brown sandy CLAY w/ trace gravel (CL) 588 l Box culvert encountered at 1.54' from top of existing pavement. 2 587- -3 I 580 A i I 585 5 584 6 { 583 I I 7 , 582 1 Notes: Completion Depth: 1.54° TERRA -MAR, INC. Symbol Description Strata symbols Concrete _ :� c a n�a�.�Tv Pavement p e _is CLAY L sandy Soil Samnlers 11 Auger 1. Exploratory borings were drilled on dates indicated using truck mounted drilling equipment_ 2. Water level observations are noted on boring logs. 3. Results of tests conducted on samples recovered are reported on the boring logs. Abbreviations used are: DD = natural dry density (pcf) LL = liquid limit (°s) MC = natural moisture content (o) PL = plastic limit (1) Uncon.= unconfined compression (tsf) PI = plasticity index P.Pen.= hand penetrometer (tsf) -200 = percent passing #200 4. Rock Cores REC = (Recovery) sum of core sample recovered divided by length of run, expressed as percentage. RQD = (Rock Quality Designation) sum of core sample recovery 4" or greater in length divided by the run, expressed as percentage. TERRA -MAR, INC. FIGURE 41 (Must be signed by the Contractor) The Town of Westlake wishes to thank you in advance for bidding on this project. Please be aware of the following requirements for bidding Town of Westlake work. It is important that you read and understand these qualification factors in order to achieve a rapid and smooth completion of the process. Correctly completing the forms (such as CG 25 03 11 85 form, if it's required) will affect how quickly the order "to proceed and to start the project" will be issued. All pertinent documents required by law and these instructions must be correctly completed. A successful completion of them, will not only benefit the Town of Westlake, but also you as the contractor, because among other things, the money reserved for the project will be ready to be used in your project and prompt scheduled payment may be made without any further delays. If you are unable to comply with formal requirements or fail to exercise due diligence in completing the required contract forms, the contract may be awarded to the next lowest bidder for the reason time is of the essence in these projects. BASIC FORMSREQUIRED BY THE TOWNOF WESTLAKE THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND IT'S INSURANCE COMPANY: 1. Proposal (to be completed by the contractor) 2. Experience Record (to be completed by the contractor and must be notarized) 3. Standard Form of Agreement (to be completed by the contractor) 4. Corporate Acknowledgment; or Single Acknowledgment; or Partnership Acknowledgment NOTE: Which ever is applicable to the contractor, just one must be completed, and shall be notarized. 5. Bonds: Payment Bond; and Performance Bond; and Maintenance Bond NOTE: The contractor and the surety's representative shall complete All applicable Bond forms. 6. Power of Attorney or Certificate of Authority of Attorney(s) In -Fact (issued by the surety's company) 7. Town of Westlake Certificate of Insurance form (to be completed by the insurance company) 8. Affidavit Re Provision of Insurance (to be completed by the contractor and Insurance company) Addendum No. 5 BP -4 9. Indemnification bvthe Contractor (to becompleted hvthe contractor) Compensation (to bg completed hvthe insurance agent) 11. Amendment CG 25 03 11 85 (Per Project) (provided by the insurance company). NOTE'Fnorn{�ctober1SS8 the forn�C{325O3O397Designated <�onstrucOooProject(s) ��enera\ -----'' te L�rn|t vviU �e a-' l\ab\a From that date, the Town of Westlake vvi|| accept such form, ��gQr�Qa available. ^~-----�u 'savaUab\ointhe mnarketinstead mf(�G25O311 85. orth�rnostcunenrrnos�s (n) All signatures —n—u—et- be originals. use) must be included �� rt of the `b' The form CG25 03 11 85 (or the most current one in contract, (if it was part ofthe General Provisions and Requirements mfthe Bid packaQe\' Addendum No. 5 BP -5 I have read and I am aware of the . above Town of Westlake requirements for this project. Having a full understanding of these requirements, I hereby submit my bid for the project Telecommunications Duct Bank . In case my bid is chosen for this project, I UNDERSTAND I MUST HAVE ALL OF THE REQUIRED FORMS COMPLETED AND DELIVERED TO THE TOWN OF WESTLAKE no later than 15 working days after the date of being informed (via facsimile or telephone) or the date of receipt of the contract forms (which ever occurs first) for this project. I further understand any failure in the completion and submission of a specific form is reason to reject the bid of my company and the Town of Westlake may select the next lower bidder. Troy Butt Contractor's name (Please print) Contr6gtor's signature Leigh Flngineering-,—Inc. Company , s name 11/2100 Date Addendum No. 5 BP -3 j to the SPECIFICATIONS AND CONTRACT DOCUMENTS FOR TELECOMMUNICATIONS DUCTBANK NOVEMBER 1, 2000 TOWN OF WESTLAKE SCOTT BRADLEY MAYOR BOARD OF ALDERMEN FRED HELD - MAYOR PRO TEM DON REDDING BUDDY BROWN LARRY SPARROW BILL FREY TRENT 0. PETTY TOWN 'MANAGER W. JEFF WILLIAMS, P.E. TOWN ENGINEER TURNER ENGINEERS', INC. CONSULTING ENGINEERS TWO ENERGY SQUARE 4849 GREENVILLE AVE., SUITE 1200 ®•`"t� KE,-4`1 j DALLAS, TEXAS 75206-4130 PHONE: (214) 378-5200 ......... DAVID .SMI GRAHAM ASSOCIATES, INC. -� 82767 CONSULTING ENGINEERS & PLANNERS AFGtS.• . 616 SIX FLAGS" •.. ®R., SUITE 400 � ..ri� ARLINGTON, TEXAS 76011 PHONE: (817) 640-8535 10/27/2000 11:46 9722411456 TERRA MAR LOG OF BORING B-4 Project: Precinct Line Road Extension, Westlake, Texas Date: 1 012 5/2 0 0 0 Elov.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: WA was: N/A Depth to caving when checked: WA was: WA PAGE 03 Project No.: DEOO-185 ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS DESCRIPTIO! MC LL PL PI -goo 0❑ P. UN Strain {eal & FIELD TEST DATA X X 94 Oct far at teett :4 ° Red &brown sandy CLAY w/iron staining & calcareous nodules t Q I . 70 3 a6 as 6 a6 CL` Light brown & reddish -brown sandv CLAY w/ iron staining ze oo• v LAC" 3/5.69" I 12 '{ 9r.A6. 71 .5 :. 8.00't61860' 8 — — — — — — — — — — — — — — — . . i Light brown & gray sil CLAY w/ iron staining (CL) 4.5 z1 Notes: Completion Depth: 20-0' TERRA -MAR, INC. 10/21/2000 11:46 922411456 TERRA MAR PAGE 04 LOG OF BORING B-9 Project: Precinct Line Road Extension, Westlake, Texas Date: 10/26/2000 Etev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: WA Depth to caving when checked: N/A Project No.: DEOO-185 was: N/A was: N/A ELEVATION/ SOIL SYMBOLS MC LL PL -200 DD P.PEN UNCON Strain DEPTH SAMPLER SYMBOLS DESCRIPTION b: X }; PI 9: pct tsf tsf feet & rIELD TEST OATA 0 Red & brown clayey SAND w/ iron staining 12.9,00' L 6.00" J/6.00' I 2,8.00' Zr 6.00" 216.00" 3 2&'6D0 60/ (C Q i 124` _ _ _ — _ — — _ — _,_. - Cemented red & brown SAND �ime40"SO/ a 00 8 :I 9 :I ;f 1 I I 12&0"50 a sa �: c i.uo' 12 :: ) - 1 ?5 I �4ry640•sQ/ 0 26' 18 :i I / (S P) wre.oa• I 21 :I Notes: Completion Depth: 21.5' TERRA -MAR, INC. FIGURE 10/27/2000 11:46 9722411456 TERRA MAR LOG OF BORING -14 Project: Precinct tine Road Extension, Westlake, Texas Date: 10/26/2000 Elev.: Location: See Figure i Depth to water at completion of boring: Dry Depth to water when checked: N/A was: N/A Depth to caving when checked: WA was: NWA PAGE 05 Project No.: DEDO-185 ELEVATION/ DEPTH feat SOIL SYMBOLS SAMPLER SYPf DOLS & FIELD TEST DATA DESCRIPTION MC ;, LL % PL % PI •240 °4 DO pcf P PEN III UNCON isf Strain ,. ° Red & brown SAND w/ iron stone & iron staining, stiff w/ wealkly cemented sand layers boa 56.oc i y1716.40" 401 800. 212.60' j �1 25'6.00' 501 13116.00, 501 j2s4• • i 8 9 .. �t 2819 00" 501 4.00.. 4:: t2 s� 15 ,:• ' ♦ .:: ' 85A0' 1C1 �I (SP) 1216-00,321 21 A 00' 281 6 00, Notes: Completion Depth: 21.5' TERnA-IvtAR, INC. Symbol Description Strata symbols CLAY, sandy U11 sit sltt y Sandstone a SAND soil S§n2lers Thin Wall Shelby Tube Standard Penetration Test Notes: 1. Exploratory borings were drilled on dates indicated using truck mounted drilling equipment. 2. Water level observations are noted on boring logs. 3. Results of tests conducted on sa_zaplea recovered are reported on the boring logs. Abbreviations used are: DD = natural dry density (pcf) LL - liquid limit t%) NC = natural moisture content PL = plastic limit (56) Uncon.= unconfined compression (tsf) PI = plasticity index P -Pen.= hand penetrometer (taf) -200 = percent passing #200 4. Rock Cord REC _ (Recovery) sum of core sample recovered divided by length of run, expressed as percentage. RQD - (Rock Quality Designation) sum of core sample recovery 4" or greater in length divided by the run, expressed as percentage. FIGURE TERRA -MAR, INC.