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Res 15-03 Amending the Fiscal Year 2014-2015 Budget and Authorizing a Contract With Roadway Solutions for Illuminated Street SignsTOWN OF WESTLAKE RESOLUTION NO. 15-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE FISCAL YEAR 14/15 ADOPTED BUDGET AND FURTHER AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH ROADWAY SOLUTIONS, INC. FOR $71,795.00 TO INCLUDE THE INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS AT THREE LOCATIONS. WHEREAS, Westlake desires to enhance the Town's image and create a sense of place; and WHEREAS, the internally illuminated signs will include the standardized Westlake street sign format that integrates the Town's "W" insignia; and WHEREAS, the Town Council finds that the proposed contract with Roadway solutions, Inc. for the installation of the internally illuminated street name signs contributes to establishing Westlake's sense of place and is in accordance with the adopted strategic plan; and WHEREAS, the Town Council finds that the funding for the Internally Illuminated Street Name Sign project is necessary; and WHEREAS, the Town Council authorizes a budget amendment of $38,000 to be allocated from the General Fund Reserves to the Internally Illuminated Street Name Sign Capital Project; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves a budget amendment allocating an additional $38,000 from the General Fund Reserves to the Internally Illuminated Street Name Sign Capital Project. SECTION 3: That, the Town Council of the Town of Westlake, Texas, hereby approves the contract with Roadway Solutions, Inc. attached here to as Exhibit "A", and further authorizes the Town Manager to execute said contract on behalf of the Town of Westlake, Texas. Resolution 15-03 Pagel of 2 SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 26 T" DAY OF JANUARY 2015 Kell Edwa s, Town Secretary APPROVED AS -TO FO L. Stanton LowrvI To ' &ee�� Laura Wheat, Mayor Resolution 15-03 Page 2 of 2 TOWN OF WESTLAKE, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ILLUMINATED STREET NAME SIGN INSTALLATION AT HIGHWAYSTATE HIGHWAY 114 AT DAVIS BLVD STATE HIGHWAY 114 AT WESTLAKE PKWY US AT WESTPORT PKWY LAURA WHEAT MAYOR TOWN COUNCIL ALESA BELVEDERE WAYNE STOLTENBERG RICK RENNHACK THOMAS E. BREYMER TOWN MANAGER JARROD GREENWOOD DIRECTOR OF PUBLIC WORKS LEE ENGINEERING, L.L.C. 3030 LBJ FREEWAY, SUITE 1660 DALLAS, TEXAS 75234 PHONE: (972) 248-3006 MICHAEL BARRETT CAROL LANGDON �EOF,TE,�-�a1 '• 1. * J v*: CNRISYdPNER J. PIERCE tt.... • 92541 •: LlCENSX ' a' TBPE FIRM NO. F-450 } ADDENDUM NO. I TO THE CONSTRUCTION PLANS AND CONTRACT DOCUMENTS FOR ILLUMINATED STREET NAME SIGN INSTALLATION AT STATE HIGHWAY 114 AT DAVIS BLVD STATE HIGHWAY 114 AT WESTLAKE PKWY US HIGHWAY 377 AT WESTPORT PKWY TOWN OF WESTLAKE, TEXAS Date: December 2, 2014 Bid Opening: Monday, December 8, 2014 at 2:00 p.m. Receipt of this addendum shall be acknowledged in the appropriate space in the Proposal. The following modifications, clarifications, additions, or deletions shall be made to the appropriate sheets and sections of the Construction Plans and Contract Documents: PLAN SHEETS 1. Sheet 4 — A note has been added that the ILSNs will be mounted on cantilever arms located above the mast arms. CLARIFICATIONS 1. The Town will issue the Notice to Proceed once the proofs of the ILSNs have been completed and approved by the Town. 2. If alternate conduits are installed, any ground wire installed with said conduits shall be considered subsidiary to the conduits. 3. Preparing conduits and ground boxes for installation of new cable shall be considered subsidiary to the Tray Cable bid item. END OF ADDENDUM NO. 1 Page 1 of 1 TABLE OF CONTENTS PART A: NOTICE TO BIDDERS 1-1 -1-3 INSTRUCTIONS PART P: PROPOSAL P-1 - P-3 PROPOSAL PART C: CONTRACTS AND BONDS A-1 -A-4 AGREEMENT BETWEEN TOWN AND CONTRACTOR PB -1 PERFORMANCE BOND PB -2 PAYMENT BOND MB -1 - MB -2 MAINTENANCE BOND CI -1 CERTIFICATE OF INSURANCE IC -1 INDEMNIFICATION BY CONTRACTOR PART G: GENERAL CONDITIONS G-1 - G-4 DEFINITIONS OF TERMS AND ABBREVIATIONS G-4 - G-6 PROPOSAL REQUIREMENTS AND CONDITIONS G-6 - G-8 AWARD AND EXECUTION OF CONTRACT G -8-G-10 SCOPE OF WORK G -10-G-14 CONTROL OF THE WORK AND MATERIALS G-14 - G-21 LEGAL RELATION AND PUBLIC RESPONSIBILITY G-21 - G-24 PROSECUTION AND PROGRESS G-24 - G-26 MEASUREMENT AND PAYMENT PART CS: CONSTRUCTION SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS SECTION 01000 SECTION 01010 SECTION 01320 SECTION 01516 SECTION 01562 SECTION 01572 SECTION 01710 GENERAL NOTES SUMMARY OF WORK PROGRESS REPORT SOLID WASTE DISPOSAL DUST CONTROL FLAGMEN CLEAN UP • •:rr Sealed proposals addressed to the Town of Westlake for the construction of: ILLUMINATED STREET NAME SIGNS AT THE INTERSECTIONS OF SH 114 AND DAVIS BLVD, SH 114 AND WESTLAKE PKWY, AND US 377 AND WESTPORT PKWY will be received until 2:00 p.m., Monday, December 8, 2014 at the Town of Westlake Council Chambers/Municipal Court located at 3 Village Circle, Suite 207, Westlake, Texas 76262. At that time and place all bids will be publicly opened and read aloud. Each bidder shall identify his sealed Proposal by typing on the outside of the envelope: TOWN OF WESTLAKE ATTN: JARROD GREENWOOD PUBLIC WORKS DIRECTOR 3 VILLAGE CIRCLE, SUITE 202 WESTLAKE, TEXAS 76262 All responses and requests for clarification/information shall be addressed in writing to the Town Engineer at the above address. Or email: cpierce@lee-eng.com Respondents may also fax questions/comments to: Lee Engineering, L.L.C. (972) 248-3855 Attention: Christopher Pierce, P.E., PTOE The scope of work for the project consists of the installation of illuminated street name signs at the intersections of SH 114 and Davis Blvd, SH 114 and Westlake Pkwy, and US 377 at Westport Pkwy. Plans and Specifications may be examined without charge at the Municipal Complex from 8 a.m. to 5 p.m., Monday through Friday. Construction plans and Contract Documents may be procured for a non-refundable fee of $50.00 at the office of Lee Engineering, 303 LBJ Freeway, Suite 1660, Dallas, Texas 75234. All bids must be accompanied by a cashier's or certified check, or a Bid Bond in the amount of 5% of the greatest amount bid. The successful bidder must also provide Performance, Payment and Maintenance Bonds, and proof of insurance upon execution of the Agreement in accordance with the Contract Documents. The Town of Westlake reserves the right to reject any or all bids, and to waive any formalities. The Town of Westlake is committed to the ideals of equal opportunity, and strongly encourages participation by HUB/MBENVBE business enterprises. INSTRUCTIONS TO BIDDERS The work to be done as covered by these contract documents and specifications consists of the furnishing of all labor, materials, equipment, and incidentals for the installation of Illuminated Street Name Signs at the intersections of SH 114 and Davis Blvd, SH 114 at Westlake Pkwy, and US 377 at Westport Pkwy in the Town of Westlake. In the bid proposal, the bidder shall fill in the blanks for the "Unit Price" in words and numerals and the "Total Amount." 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 quantities of work installed. 4. DISCREPANCIES IN BIDS In case of lack of clearness of a proposal, the owner will adopt the most advantageous construction thereof or reject the bid. Unreasonable or unbalanced unit prices will be cause for rejection of any bids. 6. INTERPRETATION OF SPECIFICATIONS Any questions as to the meaning of any specifications will be answered by addendum which will be sent to all who have been furnished with contract documents and plans. 7. LOCAL LABOR The Contractor, in so far as is practicable, will be expected to give preference to employment of local citizens. 8. MATERIALS FURNISHED BY CONTRACTOR The Contractor shall furnish all materials, regardless of their nature except as noted in the special provisions and/or plans. 9. MANUFACTURER'S 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. 1-1 fife? 12. 13 14. 15 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. PLANS TO CONTRACTOR The contractor will be furnished with three (3) sets of plans for construction. Should he desire more than three (3) sets, he may buy them for $20.00 per complete set. 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. TIME ALLOWED FOR CONSTRUCTION The contractor shall commence work in not more than 10 working days after the work order has been issued and shall be complete within 75 working days of issuance of the work order. Liquidated damages shall be charged in the amount of $100.00 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 10 working days after the work order has been issued by the Town of Westlake. The Contractor may bid a shorter time of completion, which will be considered by the Town in evaluation of the bids. The bid proposal has a place for the bidder to reflect the construction time. SPECIAL INFORMATION - SALES TAX The Owner qualifies as an tax-exempt agency as defined by the statutes of the State of Texas. The Contractor shall comply with all statutes and rulings of the State Comptroller. The Contractor may purchase materials for incorporation into this project by issuing his supplier a tax exemption certificate. However, materials purchased, but not incorpoarated into the project, such as form materials, equipment rental, etc., are not exempt from sales taxes. 111,01 -•01 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 Worker's Compensation 2. Commercial General Liability (Public) N Amount 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 named as an additional insured on the Commercial General Liability (Public) Insurance Policy furnished by the Contractor. Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non -renewal or any material change in coverage, a notice thereof shall be given by certified mail to the Town of Westlake, 3 Village Circle, Suite 202, 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. 1-3 PROPOSAL. Date: To: The Honorable Mayor Laura Wheat and Town Council Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76262 Ladies and 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 bonds, 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: Prices to be written in words. Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place A. INSTALLATION OF ILLUMINATED STREET NAME SIGNS 1 L. S. Mobilization, for the sum of -'�,t�iC1� w,�_iti'3,i 1,i:iCtt`Dollars and° t �_ cents $ I(a ' $ per lump sum. 2. 4 Mo. Barricades, Signs, and Traffic Handling, for the sum of Dollars and 1\,\(''' cents per Month P-1 co IN1 j Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 3. 10 Ea. Single Sided Illuminated Street Name Sign Assemblies (8' Long), for the sum of Dollars and MC), cents $ per Each 4. 6 Ea. Single Sided Illuminated Street Name Sign Assemblies (10' Long), for the sum of Dollars and cents per Each 5. 2,135 L.F. Tray Cable (3 CONDR) (12 AWG), for the sum of Dollars and cents ct per Linear Foot TOTAL AMOUNT BID B. ALTERNATE BID ITEMS 6. 1 Ea. Ground Box TY D (162922) w/Apron, for the sum of Dollars and k V —cents per Each 7. 10 L.F. Conduit (PVC) (SCHD 40) (2") (TRENCH), for the sum of \!�: C I ( Dollars and KC) cents per Linear Foot P-2 Receipt is acknowledged -of -the -fp lowing addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 The undersigned bidder agrees to commence work within ten (10) days after the date of written notice to commence work, and to complete the work on which he has bid within 75 working days as provided in the General Conditions. Enclosed with this proposal is a cashier's or certified check, or a Bid Bond for $ (5% of greatest amount bid), 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 receipt of bids and the undersigned fails to execute the contract and the required bonds with the Owner, under the conditions hereof, within fifteen (15) 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 Contractor Title: f� Address: 7 92 Phone: P-3 MERCHANTS BONDING. COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. 2100 FLEUR DRIVE , DES MOINES, IOWA S0321-1158 � (800) 678-8171 • (515) 243-3854 FAX KNOW ALL PERSONS BY THESE PRESENTS: Bond No. N/A That Roadway Solutions,Inc.2524 N.IH35E,Carrollton ,Texas 75006 (hereinafter called the Principal) as Principal, and the MERCHANTS NATIONAL BONDING, INC., a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to Town of WestLake;Texas 3 Village Circle,Suite202,Westlake,Texas 76262 (hereinafter called the Obligee) in the full and just sum of( The Greatest Amount Bid Five Percent ----- ___ Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 8th day of December 2014 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Illuminated Street Name Signs at the Intersections of SH114 and Davis B1vd.,SH114 and Westlake Pkwy.,and US 377 and and Westport Pkwy. according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with MERCHANTS NATIONAL BONDING INC., and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damageswhich the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligationshall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: 'i Roadway Solutions,Inc. 2524 N.IH35E,Carrollton,Texas 75006 Prinrinni By Attest: By NBC 0231 TX (1/12) MERgH,t NTS NATIONAL BONDING, INC. . A.Humphrey Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Cheryl L Humphrey; Shane A Humphrey of Frisco and State of Texas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of August , 2014. t. watt f, STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /-e--7 77-�-, President On this 13th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. �;'!LIg1 0, WENDY WOODY �Commission Number 784654 My Commission Expires /lbv[[0- June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of December 1 2014 POA 0014 (7/14) ee oo oee ;�0�4gPD9 •:°q°� °cl�_ rm ° y 1933 �e J o ]-i •O •oa oee Secretary AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the _ day of December in the year 2014, by and between the Town of Westlake, Texas (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Illuminated Street Name Sign Installation The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: State Highway 114 at Davis Blvd, State Highway 114 at Westlake Pkwy, and US Highway 114 at Westport Pkwy Article 2. ENGINEER. The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and has the rights and authority assigned to ENGINEER by the OWNER in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within ten (10) days after the date of written notice to commence work, and to complete the work on which he has bid within 75 working days as provided in the General Conditions. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by IBJ ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 6. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the ENGINEER, it be necessary. 7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 7.4. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 7.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. OVA Article 8. Contract Documents The Contract Documents which, comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 Notice to Bidders consisting of one (1) page. 8.2 Instructions to Bidders consisting of three (3) pages. 8.3 Proposal consisting of three (3) pages. 8.4 This Agreement consisting of four (4) pages. 8.5 Performance, Payment and Maintenance Bonds consisting of four (4) pages. 8.6 General Conditions consisting of 26 pages. 8.7 General Requirements consisting of 14 pages. 8.8 Construction Plans consisting of thirty-six (36) sheets as prepared by Lee Engineering, L.L.C. 8.9 Addenda Nos. _ There are no Contract Documents other than those listed above in this Article 8. Article 9. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 10. MISCELLANEOUS. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. A-3 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This agreement will be effective on the V7�J' day of VLb- LA 201" OWNER: CONTRACTO Town of Westlake, Texas1,4 ATTEST:. ATTEST: Kelly E i sn Secretary Vrc,o\� Address for giving notices: Address forgiving notices: 3 Village Circle, Suite 202 U,IH'm& Westlake, Texas 76262 _75coL (If OWNER is a public body, attach List name of person to whose attention resolution authorizing execution of notices are to be sent: Agreement. (If CONTRACTOR is a Corporation, '\O \N N OA attach evidence of authority to sign.) A-4 '`'� CERTIF LATE OF LIABILITY INSURANCE - DATE(MM/DDiYYYY) I 2J9/2015 THIS CERTIFICATE IS ISSUED AS A MA E12 OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVEL OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURAI CE DOES NOT CONSTITUTE A CONTRACT, BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND Tt E CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an DDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cert li> policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseme t(16). PRODUCERI CONAME: NTACT Janice Sullivan Patterson & Associates Insura ee Agency, Inc. PHONE (972) 669-2431 FAX o: --- -83-0831 1202 East Arapaho Rd. #100 I MAIL _nice@ ADDR 7 piainsure . com PO Box 852037 INSURER(S) AFFORDING COVERAGENAIC # Richardson TX 75085 INSURERA:United Fire Group INSURED INSURER B :Service Llo ds Insurance Co . Roadway Solutions, Inc. INSURER C: 2524 N. Interstate 35 East (Carrollton TX 75006 ( iINSURER F: COVERAGES r_CDTICI ATCAIiIRaCCCAA1d-1C nr ......... THIS IS TO CERTIFY THAT THE POLICIES OF I - - --- - --- ..cv1Qwrvr14umacrc: ISPRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERT THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS IN, THE EXCLUSIONS AND CONDITIONS OF SUCH POLK INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADDL LTR TYPE OF INSURANCE INSR POLICY EFF POLICY EXP Wnl POLICY NUMBER MM/DDIYYYY) (MMfDD[YYYY1 I LIMITS GENERAL LIABILITY Dan Thomas/JANICE �J G► r; EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea Ecco ence $ 100,000 A CLAIMS -MADE a OCCUR 85320003 0/15/2014 /15/2015 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 X POLICY PECT El RO LOC 1 $ AUTOMOBILE LIABILITY ' COMBINED SINGLE LIMIT X Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS (5320003 0/15/2014 /15/2015 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per adent cci $ X UMBRELLA OCCUR EACH EACH OCCURRENCE $ 1,000,000 A EXCESS UAB B ! AGGREGATE $ 1, POO, 000 DED X RETENTION$ 10,00 5320003 0/15/2014 /15/2015 B WORKERS COMPENSATION AND EMPLOYERS' $ WC STATU-' OTH- X LIABILITY Y / N E.L. EACH ACCIDENT $ 11 OOO 000 ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? N / A (Mandatory lin NH) If yes, describe under RZF28680-14 /7/2014 /7/2015 EL.DISEASE-EAEMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS i LOCATIONS / VEHICLES ( ch ACORD 101, Additional Remarks Schedule, if more space is required) RE: Illuminated street signs atnlersection of SH114 and Davis Blvd/SH114 and Westlake Pkwy and US377 and Westport Pkwy. The General Liability and Auto Lability policies include a blanket automatic Additional Insured endorsement that provides Additinal Insured status to the certificate holder when there is an executed written contract that requires s ch status. The General Liability, Auto Liability and Workers' Compensation policies include a llanket automatic waiver of subrogation endorsement that this feature only when there is an ex cilted provides written contract that requires it. I Town of Westlake Texas ( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3 Village Circle AUTHORIZED REPRESENTATIVE Suite 202 Westlake, TX 76262 Dan Thomas/JANICE �J G► r; -- - -- -- Iv I Voa-ZU-1U At UKu GUKNUKA I ION. All rights reserved. IN8025 onlnnsl m Th Arr)pn namo nnel Innn gra rnniefnrari mnrirc of Ar npn fi INDEMNIFICATION BY CONTRACTOR Town shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of Town, without; however, waiving any governmental immunity available to the Town under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of Town is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the Town for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. Company Name (Contractor) Si atur " Mo r r1 c- Name (Plea - -e Print) Title IC -1 Part G - General Conditions G.I. - Definitions of Terms and Abbreviations G.1.1. Definition of Terms G.2.1. Abbreviations G.2. - Proposal Requirements and Conditions G.2.1. Proposal Form G.2.2. Quantities in Proposal Form G.2.3. Examination of Plans, Specifications and Site of the Work G.2.4. Preparation of Proposal G.2.5. Proposal Guaranty G.2.6. Filing Proposals G.2.7. Withdrawing Proposals G.2.8. Opening Proposals G.2.9. Irregular Proposals G.2.10. Rejection of Proposals G.2.11. Disqualification of Bidders G.3. - Award and Execution of Contract G.3.1. Consideration of Contract G.3.2. Award of Contract G.3.3. Return of Proposal Guaranty G.3.4. Surety Bonds G.4.4. (A) Construction Bond or Performance Bond G.4.5. (B) Payment Bond G.4.6. (C) Maintenance Bond (D) Other Bonds Sureties G.3.5. Execution of Contract G.3.6. Failure to Execute Contract G.4. - Scope of Work G.4.1. Intent of Plans and Specifications G.4.1.1. "or Equal" Clause G.4.2. Special Provisions G.4.3. Increased or Decreased Quantities G.4.4. Alteration of Plans and Specifications G.4.5. Extra Work G.4.6. Final Clean -Up TC -1 G.S. - Control of the Work and Materials G.5.1. Engineer's Authority and Duty G.5.2. Superintendence and Inspection G.5.3. Contractor's Duty and Superintendence G.5.4. Contractor's Understanding G.5.5. Character of Workmen G.5.6. Contractor's Building G.5.7. Sanitation G.5.8. Shop Drawings G.5.9. Preliminary Approval G.5.10. Defects and Their Remedies G.5.11. Changes and Alterations G.5.12. Conformity with Plans G.5.13. Existing Structures G.5.14. Coordination of Plans, Specifications, Proposals and Special Provisions G.5.15. Source and Supply of Materials G.5.16. Samples and Tests of Material G.5.17. Storage of Materials G.5.18. Inspection G.5.19. Removal of Defective and Unauthorized Work G.5.20. Final Inspection G.6. - Legal Relations and Public Responsibility G.6.05. Arbitration G.6.1. Law and Ordinances G.6.2. Permits and Licenses G.6.3. Protection Against Royalties or Patented Invention G.6.4. Public Convenience and Safety G.6.5. Privileges of Contractor in Streets, Alleys and Right -of -Way G.6.6. Railway Crossings G.6.7. Barricades, Lights and Watchman G.6.8. Use of Explosives G.6.9. Protection and Restoration of Property G.6.10. Responsibility of Damage Claims G.6.11. Contractor's Claim for Damages G.6.12. Public Utilities and Other Property to be Changed G.6.13. Temporary Sewer and Drain Connections G.6.14. Arrangement and Charge for Water Furnished by the City G.6.15. Use of Fire- Hydrants G.6.16. Use of a Section or Portion of the Work G.6.17. Contractor's Responsibility for the Work G.6.18. Contractor's Insurance G.6.19. Workers' Compensation Insurance Coverage TC -2 G.7. - Prosecution and Progress G.7.1. Assignment and Subletting G.7.2. Prosecution of the Work G.7.3. Limitation of Operations G.7.4. Time and Order of Completion G.7.5. Extension of Time G.7.6. Hindrances and Delays G.7.7. Incentive and Failure to Complete on Time G.7.8. Suspension by Court Order G.7.9. Temporary Suspensions G.7.10. Abandonment by Contractor G.7.11. Termination of Contract G.B. - Measurements and Payments G.8.1. Quantities and Measurements G.8.2. Estimated Quantities G.8.3. Partial Payment G.8.4. Final Completion and Acceptance G.8.5. Final Payment G.8.6. Payments Withheld G.8.7. Delayed Payments G.8.8. Time Filing Claims TC -3 Part G - General Conditions Section GA. - Definition of Terms and Abbreviations G.I.I. 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. Town Council: The Town Council 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 Bidders (advertisement), Special Provisions, (Instructions to Bidders), Proposal, Signed Agreement, Performance and Payment Bonds, Maintenance Bond, General Provisions and Requirements, Construction Specifications, Construction 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, Construction Specifications, Construction 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 Engineer: The Town Engineer of the Town of Westlake, Texas, or his duly authorized 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 two (2) years 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, 2004 Standards for Construction of Highways, 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 Day: 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 8:00 a.m. and 5:00 p.m. Working Hours: Work shall be done only during the regular and commonly accepted and described working hours between 8:00 a.m. and 5:00 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. Pound of State Highway and L.S.G.Co. Lone Star Gas Co. Transportation Officials M.H. Manhole A.S.T.M. American Society for Max. Maximum Testing Materials Min. Minimum Asph. Asphalt Mono. Monolithic Ave. Avenue No. Number Blvd. Boulevard % Percent C.1. Cast Iron P.S.1. Pounds per Square Inch G-3 C. L. Centerline R. Radius C.O. Cleanout Reinf. Reinforced Conc. Concrete Rem. Remove Cond. Conduit Rep. Replace Corr. Corrugated R/W or R of W Right -of -Way Cu. Cubic Sani. Sanitary Culy. Culvert S.W.B.T. Southwestern Bell Telephone Dia. Diameter Company Dr. Drive or Driveway Sq. Square Elev. Elevation Std. Standard F. Fahrenheit St. Street or Storm Ft. or' Feet or Foot Str. Strength Ga. Gallon TXU Texas Utilities H.S. Horseshoe Vol. Volume In. or Inch or Inches W.U.T. Co. Western Union Telegraph Lin. Linear 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 forms 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 determine for themselves 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, proposal, and other documents, shall be binding upon the Town. Bidders shall rely on their own estimates, investigations, tests, and other data which are G-4 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 be determined 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, plainly marked with the work "Proposal" and the name or description of the project as designated in the 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 G-5 proposals must be made in writing addressed to the Town Council 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 submitted 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.2.11. 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 will 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. Until final award of the contract, the Town reserves the right to reject any or all proposals, to waive technicalities and to readvertise for new proposals or proceed to do 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 bids, the Town may, at its discretion, return the proposal guaranties M 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. SuretyBonds: 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 in accordance with the Town of Westlake subdivision ordinance. The Maintenance Bond shall be for a period of two (2) years 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 contemplates 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. 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 determined 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 G-7 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 shall sign the contract and return same to the Town for execution. 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 it 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 GAI. 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 in a satisfactory and acceptable manner. The Contractor shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary to the prosecution of the work. GAIA. A. "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 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. GA2. Special Provisions: Should any work or conditions which are not thoroughly and 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. GAI 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 provided the increased or decreased quantity is 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 M nor shall such changes be considered as waiving or invalidating any conditions or provisions of the contract and bond. GAA Alteration of Plans 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 specifications 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. GAA 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 compensation, 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 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 are directed to the Contractor 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 therefor 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. G-9 GA6. 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 contract, and shall in all cases decide every question which may arise relative to the execution of this contract on the part of 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. 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 done under this agreement, and to see that the said material is furnished, and said work is done in accordance with the specifications therefor. 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. G-10 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.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, of all shop and/or setting drawings and schedules required for the job of the various trades, and the Engineer shall review 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 G-11 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. However, 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.5.10. 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 of gas mains, water mains, conduits, sewer, etc. is unknown, and the Town assumes no responsibility for failure to show them in their exact locations. 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 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. G-12 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 wooden 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.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 the particular defects before final acceptance will be made. G-13 Section G.6. - Legal Relations and Public Responsibility G.6.05. Arbitration: All questions of dispute under this Agreement shall be submitted to the Town Council at the request of either party and the decision of the Town Council 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 and ordinances, and are called for by the provisions of the contract documents. If the Contractor observes that the plans and specifications are in 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 corporate, 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 suits 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 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, G-14 water valves, gas valves, manholes for telephone, telegraph, signal, or electric conduits, sanitary sewer or storm drain. 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, save 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 Town of Westlake when any street is closed or obstructed and when directed by the Engineer shall keep any street or streets in condition for unobstructed 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 Rights -of Way: 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 rights-of-way 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 so as not to inconvenience occupants of adjoining property. Other Contractors of the Town may, for all purposes required by the contract, 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 carried 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. All traffic signage and barricading in the construction zone shall be in accordance with the Texas Manual on Uniform Traffic Control Devices, latest edition. 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 G-15 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: No explosives shall be used on the project without the written consent of the Engineer. G.6.9. Protection and Restoration of Property: Where the work passes over or through private property, the Town will provide such rights-of-way. 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 make good such damage or injury in a manner acceptable to the owner or the Engineer. In case of a failure on 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 Property 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 appurtenances, 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 troughs, 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 connections 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.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 X-MrA 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 as required by law Commercial General $500,000 Each Accident Liability (Public) $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.O.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 thereof 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. [OINK (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.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 food/beverage 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. G-19 (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. (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. (1) 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; G-20 (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. (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. Assignment 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. G-21 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. GJA 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 than 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. GJA 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, at such times as may reasonably 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 Town Council, 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 G-22 diligently prosecute the project and the Town Council 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 Town Council 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 of $100.00 per day, 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 treated as reasonable liquidated damages, since it would be impracticable and extremely difficult to fix the actual damages. 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.7.10. 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 under contract for the work may be held for use on the work by the Town of Westlake, 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 G-23 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 Town. 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 proposals offered for the work. It 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 1St day of each month the Contractor shall submit a Pay Request 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 Pay Request 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 30th day of the current month the total amount of the Pay Request, less five percent (5%) of the amount thereof for contracts with a total contract price of four hundred thousand ($400,000.00) dollars or more, less ten percent (10%) for contracts with a total contract price of less than four hundred thousand ($400,000.00) G-24 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 (15%), 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 recommendation 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 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, withhold or nullify the whole or part of any certificate to such extent as may be 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 G-25 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 Documents. G-26 SECTION 01000 GENERAL NOTES 1. Contractor shall refer to the plan set for additional general notes 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. 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. 4. Payment, Performance and Maintenance bonds shall be required of the Contractor. The forms are included with the specifications. 5. 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. 6. The Texas Department of Transportation and the Town shall provide inspection for the project. 7. 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. 01000-1 END OF SECTION 01000-2 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 DESCRIPTION The work to be performed under this contract consists of furnishing all materials, tools, equipment, labor and incidentals necessary to install illuminated street name signs at the intersections of SH 114 and Davis Blvd, SH 114 at Westlake Pkwy, and US 377 at Westport Pkwy. The Contractor shall provide and maintain access at all times for all business locations during the construction as a non -pay item. 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 temporary construction 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. 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 traffic control shall conform to the "Texas Manual on Uniform Traffic Control Devices," latest edition, and is subject to the approval of the Town Engineer. All barricades, signs and traffic control devices required for the project shall be a non -pay item. 01010-1 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 (NCTCOG Specs.) C. Texas Department of Transportation — 2004 Standards for Construction of Highways, Street and Bridges, with supplemental special provisions. 1.4.. MEASUREMENT AND PAYMENT A. ILLUMINATED STREET NAME SIGNS Illuminated Street Name Signs shall be measured by each sign installed. The unit price bid for these items shall be full compensation for furnishing the signs and all labor, equipment and materials for installing the signs. Tray Cable shall be measured by the linear foot. The unit price bid for these items shall be full compensation for all labor, equipment and materials for furnishing and installing the tray cable of the size and length indicated on the plans. C. GROUND BOXES Ground Boxes shall be measured by each ground box installed. The unit price bid for these items shall be full compensation for furnishing the ground boxes and all labor, equipment and materials for installing the ground boxes. Conduit shall be measured by the linear foot (bored or trenched). The unit price bid for these items shall be full compensation for all labor, equipment and materials for furnishing and installing the conduit of the size and length indicated on the plans. END OF SECTION 01010-2 SECTION 0.1320 PROGRESS REPORT PART 1 - GENERAL 1.1. DESCRIPTION The Contractor shall prepare a progress report 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 report 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. END OF SECTION 01320-1 SECTION 01516 SOLID WASTE DISPOSAL PART 1 - GENERAL 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 a list of all landfills in the NCTCOG region. Several private regional landfills are available in the NCTCOG area. The contractor shall determine which method best fits the project requirements. Alternately, the Contractor may arrange with Trinity Waste Systems to simply supply a roll -off bin for disposal purposes. END OF SECTION 01516-1 SECTION 01562 DUST CONTROL PART I - GENERAL 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 No separate measurement and payment will be made for sprinkling. END OF SECTION 01562-1 SECTION 01572 FLAGMEN PART 1 - GENERAL 1.1. DESCRIPTION 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 the Contractor's personnel, and as directed by the Engineer. 1.2. QUALIFICATIONS Flagmen shall be English speaking, courteous, well informed, physically and mentally able to effectively 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. PART 2 - EXECUTION 2.1. PROCEDURE Flagmen, when directing traffic, shall use the standard signs and signals in accordance with the "TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS", a publication of the Texas Department of Transportation, Austin, Texas. 2.2. MEASUREMENT AND PAYMENT No separate payment will be made for flaggers. END OF SECTION 01572-1 SECTION 01710 CLEAN-UP PART 1 - GENERAL 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 limits. 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 original 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. END OF SECTION 01710-1 BOND No. N1X 4537 STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Roadway Solutions,lnc. of the City of Carrollton , County of Dallas and the State of Texas, as principal and Merchants National Bonding,inc. authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bond unto the Town of Westlake, Texas , in the penal sum of Seventy Two Thousand,Six Hundred ninety five -------- Dollars ($72,695.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS , the Principal has entered into a certain written contract with the Owner, dated the day of November, 2014, to install illuminated street name signs on SH 114 at Davis Blvd and Westlake Pkwy and US 377 at Westport Pkwy, which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect: "PROVIDED, HOWEVER , that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications , or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 6t" day of February 2015 Roadway Soluti.ons-Jnq. Principal By Title Vice Pre6denf Address. 2524 N.IH35E Carroliton Texas 75006 Merchan ational Bonding,lnc. Surety By Title Attorney -in -Fact Address. 2100 Fleur Dr.Des Moines IA 50321-1158 The name and address of the Resident Agent of Surety is: Surety Solutions Agency,inc. -- P n RnY19F7 FriScn TPxaa 75034 001 PAYMENT BOND BOND No. NIX 4537 STATE OF TEXAS } COUNTY OF TARRANT } KNOW ALL MEN BY THESE PRESENTS: That Roadway Solutions, Inc. of the City of Carrollton, County of Dallas, and the State of Texas, as principal, and Merchants National Bonding,lnc. authorized under the laws of the. State of Texas to act as surety on bonds for principals, are held and firmly bond unto the Town of Westlake, Texas (Owner) , in the penal sum of Seventy Two Thousand,six hundred ninety five ------------------------------------------ Dollars ($ 72,695.00 ) for the payment whereof, the said Principal and Surety bind themselves , and their heirs, administrators , executors, successors , and assigns, jointly and severally , by these presents: WHEREAS , the Principal has entered into a certain written contract with the Owner, dated the _ day of November, 2014, to install illuminated street name signs on SH 114 at Davis Blvd and Westlake Pkwy and US 377 at Westport Pkwy, which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect: "PROVIDED, HOWEVER , that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change , extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications , or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder . IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this6`h day of February 2015 Roadway Solutions,inc. Principal By Title Vice - Presiders - Address. 2524 N.IH 35 E. Carrolltonjexas 75006 INThe name and address of the Resident Agent of Surety is: 21 Mrcha National Bonding,lnc. Suret By Title Attorney -in -Fact Address. 2100 Fleur Dr.,Des Moines,IA 50321-115$ ._...�—o–..�— _..........__� THE STATE OF TE; COUNTY OF TARRANT RM tib: NIX 4537 ALL MEN BY THESE PRESENTS: THAT rcaaww -cb uti.cr1s,Inc, as Principal, and til? Inc (surety company), a corporation organized under the laws of the State of lana. , as Sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the Town of Westlake, a municipal corporation, chartered by virtue of a special act of the Legislature of the State of Texas, at Westlake, Tarrant County, Texas, the sum C922t„�,-7�n,��Iars ($-2,695-00 ), for the payment of which sum will truly be made unto said Town of Westlake, and its successors, and said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. 14 THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said has this day entered into a written contract with the said Town of Westlake to install illuminated street name signs on SH 114 at Davis Blvd and Westlake Pkwy and US 377 at Westport Pkwy, which contract and the plans and specifications therein mentioned, adopted by the Town of Westlake are hereby expressly made a part thereof as though the same were written embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said contractor and sureties on this obligation, and the said contractor and sureties hereon shall be subject to the liquidated damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. NOW, THEREFORE, if the said contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by said contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said Town of Westlake shall have and recover from the said contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected If from any cause during said time_ Principal: Pcaaw sDjutjcrr,,TM. Surety: M2yj)xts paticral Name of contractor's company Name 0 surance company TV �SidnatVe_ Signature Marie GaTu ,Vka�si.s� Name of Representative — Title (print) Witness: Signature 9 -EM Name of Representative Title (print) Attest: Sig Note: Date of Maintenance Bond must not be prior to date of contract. AA R-? ERC NTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Cheryl L Humphrey; Shane A Humphrey of Frisco and State of Texas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of August , 2014 . STATE OF IOWA COUNTY OF POLK ss. C +••��`%r!lt�fE)IIS1Eaaa,a • • o\NG C�hl o �O?OR P 0,9 '' 9 • co cm 1933 �: C- s'. : �.y: MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this 13thday of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. `PRiA419 WENDY WOODY Commission Number 784654 My Commission Expires June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 6th day of February 2015 1014 C-,, : Off- P 0 • • :°•y 00 • �• 1933 -, Secretary IS • • 1 POA 0014 (7/14) .�,r,Y''IY "D'�,,.`�'�y •'b:��' , \;V••.