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Res 18-27 Approving an agreement with Precision Landscape Management FM 1938 Davis Streetscape Plant Replacement TOWN OF WESTLAKE RESOLUTION NO. 18-27 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH PRECISION LANDSCAPE MANAGEMENT TO PROVIDE LANDSCAPING SERVICE FOR THE PLANT REPLACEMENT FOR DAVIS RD/FM 1938 FROM HWY 114 TO RANDOL MILL ROAD AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES VIA CHANGE ORDER NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, the Town Council finds the landscape maintenance services will benefit commuters and citizens and is in the best interest of residential and corporate citizens; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and WHEREAS, Westlake desires to preserve the attractive landscaping installed as a Town Capital Project; and WHEREAS,the Town Council finds that the proposed contract with Precision Landscape Management to provide Landscaping service for the plant replacement for Davis Rd/FM 1938 From HWY 114 to Randol Mill Road 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 the contract with Precision Landscape Management to provide Landscaping service for the plant replacement for Davis Rd/FM 1938 From HWY 114 to Randol Mill Road and authorizes the Town Manager to make funding changes via change order not to exceed$25,000 on this project,attached hereto as Exhibit A; and further authorizes the Town Manager to execute said contract on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-27 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF AUGUST 2018. ATTEST: 4/..?..x."-A. /�� , Laura L. Wheat, Mayor FOJULOCUCir' et i - (/7)i'; Kel Edw ds, Town Secretary Thomas E. Brymer, • Manager � 0 .0° \NEST� APPROVED AS TO BO° .• 4, : `t�� . . ..* 8 , , . ,_ : „.,....-F : : .. . ,A.... . . ., v.• .. .,„ . . APi/4 .• . . .... •• •• , •......•••., ,,,. .., . • ton Lear 4 n Attorney T Ti 0 Resolution 18-27 Page 2 of 2 TOWN OF WESTLAKE/WESTLAKE ACADEMY 2600 J T OTTINGER Road Westlake, Texas 76262 WEsb. S/awitommi °imp tcr, goiii LAKE ACp,$) PLANT REPLACEMENT ON FM 1938/DAVIS BLVD FROM RANDOL MILL AVE TO HWY 114 FOR TOWN OF WESTLAKE ISSUE FOR BIDDING August 9th, 2018 Town of Westlake 1500 Solana Blvd., Bldg. 7, Suite 7200 Westlake, TX 76262 Fax: 817-430-1812 Contact: Troy J. Meyer— Facilities Director tmeyer@westlake-tx.org WA Outdoor Space 2017 Res 18-27 PLANT REPLACEMENT ON FM 1938/DAVIS BLVD FROM RANDOL MILL AVE TO HWY 114 FOR THE TOWN OF WESTLAKE AUGUST 9, 2018 TOWN OF WESTLAKE MAYOR Laura Wheat Town Council CAROL LANGDON — MAYOR PRO TEM ALESA BELVEDERE RICK RENNHACK MICHAEL BARRETT WAYNE STOLTENBERG TOWN MANAGER Tom E. Brymer Town of Westlake 1500 Solana Blvd., Bldg. 7, Suite 7200 Westlake, TX 76262 Phone 817-430-0941 Fax 817-430-1812 FM 1938/DAVIS IMPROVEMENTS 2018 Page 2 Res 18-27 NOTICE TO BIDDERS Sealed proposals addressed to the Town of Westlake for the: PLANT REPLACEMENT ON FM 1938/DAVIS BLVD FROM RANDOL MILL AVE TO HWY 114 ALL COMPLETE BID PACKAGES MUST BE DELIVERED AND RECEIVED BY NO LATER THAN 10:00 A.M. (C.S.T.) ON THE 20 DAY OF AUGUST 2018 OR THEY WILL BE DEEMED AUTOMATICALLY REJECTED. Each bidder shall identify his sealed Proposal by typing on the outside of the envelope TOWN OF WESTLAKE ATTN: Troy J. Meyer- Facilities Director 1500 Solana Blvd., Building 7, Suite 7200, Westlake, Texas 76262 All responses and requests for clarification/information shall be addressed in writing to the Town Director Facilities at the above address. Or email: tmeyer@westlake-tx.org A pre-bid conference will be held at 1:30 p.m. Monday, August 13, 2018 in the Town Hall, 1500 Salona Blvd., Bldg. 7, Suite 7200, and Westlake, Texas 76262. All prospective bidders are required to have a repersentive from your firm attend this pre-bid conference. The Bid Opening will be held on Monday, 20 August at 10:00 A.M. in the Town Hall at 1500 Salona Blvd., Bldg. 7, Suite 7200, Westlake, Texas 76262. Specifications will be furnished to any general contractor desiring to submit a bid for this project, and will be available on Thursday, August 9 through Thursday, August 16 from 9 am to p.m. Monday- Friday in person at the Town Hall, 1500 Salona Blvd., Bldg. 7, Suite 7200, Westlake, Texas 76262. 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/MBE/WBE business enterprises. FM 1938/DAVIS IMPROVEMENTS 2018 Page 3 Res 18-27 INSTRUCTIONS TO BIDDERS 1. WORK TO BE DONE The work to be done as covered by these contracts and specifications consists of the furnishing of all labor, materials, equipment, and incidentals for the plant replacement project for Davis Rd/FM 1938 from HWY 114 to Randol Mill Rd.This includes center median&East side South of Dove & West side North of Dove. The project also includes the removal of approximately 8 Texas sage and 6 holly bush, compost where needed and staking of trees. Timetable Town Council approved bid on August 27,2018 Contractor begins in September 4, 2018 Project completed by October 1, 2018 2. PREPARATION AND SUBMISSION OF PROPOSAL In the bid proposal, the bidder shall fill in the blanks for the "Unit Price" and the "Total Amount." 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. 5. UNBALANCED BIDS Unreasonable or unbalanced unit prices will be cause for rejection of any bids. 6. INTERPRETATION OF SPECIFICATIONS Any questions as to the meaning of any specifications will be answered by addendum which will be sent to all who have been furnished with contract documents and plans. 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. FM 1938/DAVIS IMPROVEMENTS 2018 Page 4 Res 18-27 9. MANUFACTURERS CERTIFICATE The Contractor shall furnish, if the owner so requests, a certificate from each of the manufacturers whose materials are used on this project stating that the materials and supplies fulfill or exceed the requirements set out in these specifications. 10. AFFIDAVIT OF BILLS PAID Prior to final acceptance of this project by the owner, the contractor shall execute an affidavit that all bills for labor, material, rental, subcontractor's work and any other incidentals have been paid in full and there are no claims pending of which he has been notified. 11. PLANS TO CONTRACTOR The contractor will be furnished with one (1) set of plans. Should he desire more than one (1) set, there will be a fee of$20.00 per complete set. 12. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE Attention is called to the fact that a minimum scale of wages is to be paid to employees engaged in the work under this contract. This does not release the contractor from compliance with any state wage law that may be applicable. The contractor shall abide by the wage and hour laws of the state and must not pay less than the rates prescribed. 13. TIME ALLOWED FOR CONSTRUCTION The contractor shall commence work in not more than 5 calendar days after the work order has been issued and shall be substantially complete within thirty (30) calendar days of issuance of the work order. Work on the project shall start on September 4, 2018 and must be completed no later than October 1, 2018. Liquidated damages shall be charged in the amount of $500.00 per day for not completing the work within the allotted time. The days charged shall begin at the earlier of the date the contractor proceeds with construction or 5 calendar days after the work order has been issued by the Town of Westlake. The Contractor shall submit in writing to the Town any request for additional time due to weather delays. Contractor will meet with the Town weekly for updates on their progress of the project. 14. SPECIAL INFORMATION - SALES TAX The owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor shall comply with all statutes and rulings of the State Comptroller. On unit price contracts, a final change order will be required to make final adjustment to reflect actual costs for sales tax data. 15. INSURANCE 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: FM 1938/DAVIS IMPROVEMENTS 2018 Page 5 Res 18-27 Type of Insurance Amount 1. Worker's Compensation As set forth in the Worker's Compensation Act. 2. Commercial General Each Occurrence $500,000 Liability (Public) 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, 1500 Solana Blvd., Building 4, Suite 7200, 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. Certificate of 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. 16. Contractor's most have a Per-bid bond, proformance bond, payment bond, maintenance bond and provide certification. FM 1938/DAVIS IMPROVEMENTS 2018 Page 6 Res 18-27 BIDDERS REQUIREMENTS (Must be signed by the Contractor) ATTENTION TO ALL BIDDERS: The Town of Westlake wishes to thank you in advance for bidding on this project. Please be aware of the following requirements for bidding Town of Westlake work. It is important that you read and understand these qualification factors to achieve a rapid and smooth completion of the process. All pertinent documents required by law and these instructions must be correctly completed. A successful completion of them, will not only benefit the Town of Westlake, but also you as the contractor, because among other things, the money reserved for the project will be ready to be used in your project and prompt scheduled payment may be made without any further delays. If you are unable to comply with formal requirements or fail to exercise due diligence in completing the required contract forms, the contract may be awarded to the next lowest bidder for the reason being time is of the essence in these projects. BASIC FORMS REQUIRED BY THE TOWN OF WESTLAKE THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND ITS INSURANCE COMPANY 1. Proposal (to be completed by the contractor) 2. Experience Record (to be completed by the contractor and must be notarized) 3. Standard Form of Agreement(to be completed by the contractor) 4. Corporate Acknowledgment; or Single Acknowledgment; or Partnership Acknowledgment NOTE: Whichever is applicable to the contractor, just one must be completed, and shall be notarized. 5. Bonds: Pre-bid Bond; Payment Bond; Maintenance Bond and Performance Bond 6. Power of Attorney or Certificate of Authority of Attorney(s) In-Fact (issued by the surety's company) 7. Town of Westlake Certificate of Insurance form (to be completed by the insurance company) 8. Indemnification by the Contractor(to be completed by the contractor) 9. Most complete the Texas Ethics Form 1295 at www.ethics.state.tx.us FM 1938/DAVIS IMPROVEMENTS 2018 Page 7 Res 18-27 REMINDER: (a) All signatures must be originals. (b) Make sure the appropriate forms have been correctly notarized. FM 1938/DAVIS IMPROVEMENTS 2018 Page 8 Res 18-27 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. Pt 5(okc l p„�oscaP� `V Company Name (Contractor) Signature Jason Shear Name (Please Print) VPGM Title FM 1938/DAVIS IMPROVEMENTS 2018 Page 9 Res 18-27 THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN FIVE (5) DAYS AFTER THE DATE OF WRITTEN NOTICE TO COMMENCE WORK, AND TO SUBSTANTIALLY COMPLETE THE WORK ON WHICH HE HAS BID WITHIN 60 CALENDAR DAYS AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK FOR 4% Greatest Amount Bid ($ 5% GAB ) DOLLARS, OR A PROPOSAL BOND IN THE SUM OF ( DOLLARS, WHICH IT IS AGREED SHALL BE COLLECTED AND RETAINED BY THE OWNER AS LIQUIDATED DAMAGES IN THE EVENT THIS PROPOSAL IS ACCEPTED BY THE OWNER WITHIN SIXTY (60) DAYS AFTER THE DATE ADVERTISED FOR THE RECEPTION OF BIDS AND THE UNDERSIGNED FAILS TO EXECUTE THE CONTRACT AND THE REQUIRED BOND WITH THE OWNER, UNDER THE CONDITIONS HEREOF,WITHIN FIVE(5) DAYS AFTER THE SAID PROPOSAL IS ACCEPTED BY THE OWNER AND RECEIVED BY THE UNDERSIGNED; OTHERWISE, SAID CHECK OR BOND SHALL BE RETURNED TO THE UNDERSIGNED UPON DEMAND. THE UNDERSIGNED HEREBY DECLARES THAT HE HAS VISITED THE SITE AND HAS CAREFULLY EXAMINED THE CONTRACT DOCUMENTS RELATIVE TO THE WORK COVERED BY THE ABOVE BID. RESPECTFULLY SUBMITTED: BY: SEAL- IF BIDDER A CORPORATION FM 1938/DAVIS IMPROVEMENTS 2018 Page 10 Res 18-27 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the 27 day of August in the year 2018, by and between the Town of Westlake, Texas (hereinafter called OWNER) and i,z cog„yr,, La�nsc-aPE (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be done as covered by these contracts and specifications consists of the furnishing of all labor, materials, equipment, and incidentals for the plant replacement project for Davis Rd/FM 1938 from HWY 114 to Randol Mill Rd. this includes center median & East side South of Dove &West side North of Dove. The project also includes removal of approximately 8 Texas sage and 6 holly bush, compost where needed and staking of trees. Article 2. CONTRACT TIME. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (90) working days as provided in the General Conditions. Article 3. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTATIONS. FM 1938/DAVIS IMPROVEMENTS 2018 Page 11 Res 18-27 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations. 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be deemed necessary. 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 7. Contract Documents The Contract Documents which comprise the entire agreement between OWNER.and CONTRACTOR concerning the Work consists of the following: • Notice to Bidders consisting. • Instructions to Bidders. • Proposal. • This Agreement. • Pre-bid Bond, Performance Bond, Maintenance Bond and Payment Bond • General Conditions. • General Requirements. • Set of Plans. There are no Contract Documents other than those listed above in this Article 7. FM 1938/DAVIS IMPROVEMENTS 2018 Page 12 Res 18-27 Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 9. MISCELLANEOUS. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the 27 day of August 2018. OWNER: CONTRACTOR: Town of Westlake, Texas fZ4c-%Stc, j By: Z..CLPLI---A) -- By rUl co 'b 1 r e c"-6-. Laura Wheat, Mayor ATTEST: ATTEST: i)-----di-6211.° O el TLAk .. Kelly Edwards, TMR ,�'�o ecf Y rye ,,.,� . • ` CO Address for giving not is• FM 1938/DAVIS IMPROVEM "• '..,.'��'� � Page 13 1500 Solana Blvd, Building 7, Suite 7200, Westlake, Texas 76262. (If OWNER is a public body, attach resolution authorizing execution of Agreement.) (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) EXPERIENCE RECORD FM 1938/DAVIS IMPROVEMENTS 2018 Page 14 Res 18-27 List of projects bidder has successfully completed: Amount of Date Name and Address Contract Award Type of Work Accepted of Owner List of projects bidder is now engaged in completing: Amount of Date Name and Address Contract Award Type of Work Accepted of Owner List of Surety Bonds in force on the above uncompleted work: Amount of Amount of Name of Surety Contract Award Bond Company Acknowledgment on next page must be filled in. FM 1938/DAVIS IMPROVEMENTS 2018 Page 15 Res 18-27 EXPERIENCE RECORD CONTINUED a partner Submitted by: an individual a corporation with principal office at TO BE FILLED IN BY CORPORATION TO BE FILLED IN BY PARTNERSHIPS: Date Incorporated Date Formed Under the Laws of State whether partnership is (State) general limited or associated. Executive Officer List of Members: State of County of , being duly sworn, deposes and says that he is the of (Title) (Name of Organization) and that the answers to the foregoing questions on the attached forms and all statements herein are true and correct; that the experience record is made a part of this affidavit as through written in full herein, and all statements and answers to questions given in the above-mentioned experience record are true and correct. (Signature) Sworn to before me this day of 2016. Notary Public My Commission Expires: (Seal) FM 1938/DAVIS IMPROVEMENTS 2018 Page 16 Res 18-27 General Provisions CLEAN-UP DESCRIPTION 1. The Contractor shall perform such clean-up work as is deemed necessary by the town. 2. 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. 3. The Contractor is required by the town ordinance to use Trinity Waste for all waste disposal containers use on the project. SOLID WASTE DISPOSAL DESCRIPTION 1. The Contractor shall dispose of all refuse at a Texas Department of Health (TDH) approved landfill. 2. A list of all landfills having a TDH permit is available at the Arlington Office of TDH. The North Central Texas Council of Governments (NCTCOG) has prepared, for sale, a list of all landfills in the NCTCOG region. The D/FW landfill is listed in the telephone book "Yellow Pages". 3. Alternately, the Contractor may arrange with a Commercial waste firm to simply supply a roll-off bin for disposal purposes. Several private regional landfills are available in the NCTCOG area. The contractor shall determine which method best fits the project requirements. FM 1938/DAVIS IMPROVEMENTS 2018 Page 17 Res 18-27 PERFORMANCE BOND BOND No. STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That (contractor's company) of the Town of County of , and the State of Texas, as principal and (surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bond unto Town of Westlake, Texas (Owner), in the penal sum of Dollars ($ ) 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 2018, to Town of Westlake FM 1938/Davis plant replacement project which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the said Contract and shall in all respects duly and faithfully 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 day of 2018. Principal Surety By Title Address The name and address of the Resident Agent of Surety is: FM 1938/DAVIS IMPROVEMENTS 2018 Page 18 Res 18-27 Resolution 18-27 MAINTENANCE BOND Bond Number:09293126 THE STATE OF TEXAS COUNTY OF TARRANT Bright View Landscape Services,Inc. KNOW ALL MEN BY THESE PRESENTS THAT: dba Precision Landscape Management,LP (contractor's company), as principal AND Fidelity And Deposit Company Of Maryland (surety company), A corporation organized under the laws of Maryland , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the town of Westlake, a municipal corporation, chartered by virtue of a special act of legislature of the state of Texas, at Westlake, Tarrant county, Texas, the sum of *** DOLLARS ($ $10,723.96 ), 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. ***Ten Thousand Seven Hundred Twenty-Three and 96/100 THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said Bright View Landscape Services,Inc.dba Precision Landscape Management LP (contractor's company) has this day entered into a written contract with the said Town of Westlake for the replacement of plants from HWY 114 to Randol Mill Rd. which contract and the plans and specifications therein mentioned, adopted by the Town of Westlake are hereby expressly made a part thereof as though the same were written embodied herein. WHEREAS, under the plans,specifications, and contract, it is provided that the contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of one (1) years from the date of the acceptance of said work, and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials fumished in the construction or any part thereof or any of the accessories thereto constructed by the contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said contractor, and sureties on this obligation, and the said contractor sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. NOW,THEREFORE, if the said contractor shall keep and perform its'said agreement to maintain said work and keep the same in repair for the said maintenance period of one (1) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by said contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force 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 and had hereon for successive branches 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 from any cause during said time FM 1938/DAVIS IMPROVEMENTS 2018 Page 19 Bond Number:09293126 BrightView Landscape Services,Inc. dba Precision Landscape IN WITNESS THEREOF, said Management,LP has caused these present to be executed by its President and Fidelity And Deposit Company The said Of Maryland (name of surety company) has caused these Present to be executed by its' attorney-in-fact and said Attorney-in-fact Simone Gerhard (name of attorney) has hereunto set this hand,this the 11th day of September 2018. BrightView Landscape Services,Inc. PRINCIPALdba Precision Landscape Management,LP SURETY: Fidelity And Deposit Company Of Maryland Name of Contractor's Company Name of Insurance Company BrightView Landscape Services,Inc. dba Precision Landscape anaciem. Fidelity And Deposit Company Of Maryland Signature • • _ • \ n Signature . ' ) Si e Gerhard,ATt orney-In-Fact Name of Representative– itle (Print) Name of; eprescntative Title (Print) WITNESS: • ATTEST: C\_ /\ a�i� rCiol �v��}� ) Marina Tapia, Witness --- Witness Signature —SEC–RET-AR-Y--Signature/JZ NOTE: DATE OF MAINTENANCE BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. • - FM 1938/DAVIS IMPROVEMENTS 2018 Page 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On SEP 1 1 2018 before me, Vanessa Fong, Notary Public, personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �:n�,%i ,,7'r"l_21LCS C.vi.1u LhS :,,iJG� WITNESS my hand and official seal. NTY !ARY PULED,-c LIFGR."JIA=`. �•:i i`✓iY CONIiV11:`SION EXPTIES 1„, SEPTEMCER)42021_.1 Signature Vanessa Fong,Notary Plip ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by DAVID MCVICKER,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Simone GERHARD,of Los Angeles,California, its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver, for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of July,A.D.2017. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND .IIS„ -O = Y 1°.4, p •!GQ'�G°R*NN0 ZEAL �wie +, rtp ,a �u4 o v9.>- ,,P",) t L BY Lr. Assistant Secretary Vice President Dawn E.Brown David McVicker State of Maryland County of Baltimore On this 11th day of July, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, DAVID MCVICKER,Vice President,and DAWN E.BROWN,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 012-3275E • Dallas County,TEXAS >;: 1201 Elm Street - �'�' �ey 'ti 22nd Floor l�a °4; Dallas,TX 75270 , Phone: (214)653-7099 John F Warren,County Clerk Receipt for Services Cashier ERIOS Batch# 2436647 Customer Name CT CORPORATION Date: 03/23/2018 Time: 10:56:34AM 208 S LASALLE ST STE 814 CHICAGO,IL 60604 Date Instrument No Document Type Transaction Type GFNumber Fee Amount Pg 3/23/2018 10:56:34AM 201800075981 ANINC ALL 524.00 3 Fee Total: S24.00 CHECK 31682988 24.00 Payment Total: 24.00 UNLESS REQUESTED ALL AMOUNTS FOR OVERPAYMENTS IN THE AMOUNT OF Page I of I $10 OR MORE WILL BE ISSUED AT THE END OF THE MONTH Corporations Section ,s1.,ra pp Rolando B. Pablos • P.O.Box 13697 5tr2 c,. .,?, Secretary of State Austin,Texas 78711-3697 I����� .��� Office of the Secretary of State 1111111 I I 4t 209800075981 ANINC 1/3 • The undersigned, as Secretary of State of Texas, does hereby certify that the attached is a true and correct copy of each document on file in this office as described below: BrightView Landscape Services,Inc. Filing Number: 23542200 Certificate of Assumed Business Name March 21, 2018 In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on March 22,2018. 0,•.r.,/ 11,40 I-,10 FZ.C-44Nr-:) vtro Pk‘ if/V ,(�� �a Rolando B. Pablos v �y� Secretary of State • Come visit us on the Internet athttp://www.sos.state.txus/ Phone: (512)463-5555 Fax:(512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: SOS-WEB 1'1D: 10266 Document: 802125610005 rr Office of the Secretary of State Filed in the Office of the be4; Corporations Section Secretary of State of Texas �' °� ��1! p Filing#: 23542200 3/21/2018 kY _ . ;�, P.O.Sox 13697 Document#:801813060002 `` ._= Austin,Texas 78711-3697 Image Generated Electronically (Form 503) for Web Filing ASSUMED NAME CERTIFICATE FOR FILING WITH TFIE SECRETARY OF STATE 1. The assumed name under which the business or professional service is or is to be conducted or rendered is: Precision Landscape Management 2. The name of the entity as stated in its certificate of formation, application for registration, or comparable document is: BrightView Landscape Services, Inc. 3. The state, country, or other jurisdiction under the laws of which it was incorporated, organized or associated is TEXAS and the address of its registered or similar office in that jurisdiction is: 1999 Bryan Street, Suite 900, Dallas, TX. USA 75201-3136 4. The period, not to exceed 10 years, during which the assumed name will be used is : 03/21/2028 5. The entity is a : Domestic For-Profit Corporation 6. The entity's principal office address is: 401 Plymouth Road, Suite 500, Plymouth Meeting, PA, USA 19462 7. The entity is not organized under the laws of Texas and is not required by law to maintain a registered agent and registered office in Texas. Its office address outside the state is: 8. The county or counties where business or professional services are being or are to be conducted or rendered under such assumed name are: ALL COUNTIES LISTED BELOW: DALLAS, 9. The undersigned, if acting in the capacity of an attorney-in-fact of the entity, certifies that the entity has duly authorized the attorney-in-fact in writing to execute this document. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument. r I y BrightView Landscape Services, Inc. Name of the entity By: Jonathan Gottsegen, Secretary Signature of officer,general partner,manager, representative or attorney-in-fact of the entity FILING OFFICE COPY • Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 03123!2018 10:56:34 AM • $24.00 701804075981 IN WITNESS THEREOF, said has caused these present to be executed by its President and The said (name of surety company) has caused these Present to be executed by its' attorney-in-fact and said Attorney-in-fact (name of attorney) has hereunto set this hand, this the day of_ 2018. PRINCIPAL: SURETY: Name of Contractor's Company Name of Insurance Company Jason Shear,VPGM Signature Signature Name of Representative—Title(Print) Name of Representative—Title (Print) WITNESS: ATTEST: Signature SECRETARY—Signature NOTE: DATE OF MAINTENANCE BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. FM 1938/DAVIS IMPROVEMENTS 2018 Page 20 Res 18-27 Plant Replacement FM1938 Scope Plant replacement for Davis Rd/FM 1938 From HWY 114 to Randol Mill Rd. InciL]c'ee center median & East side South of Dove& West side North of Dove. Landscape Quantity Unit Unit Pricing Compost 20.00 cy $ 2,314.26 Demo/Transplant 64.00 HR $ 3,110.36 Stake Tree(s) 39.00 ea $ 3,225.08 Willow Desert 9.00 30 gal $ 3,011.31 Chinese Pistache 16.00 45 gal $ 9,758.13 Oak, Burr 3.00 30 gal $ 1,103.47 Cypress, bald 3.00 45 gal $ 1,705.04 Cedar, E.astern Red i 6.00 8-10' $ 1,978.28 Grass; Gut Muhiy 2,036.00 1 gal $ 21,806.95 Grass Weeping Love 2,572.00 1 gal $ 27,547.88 Grass, \Mexican Feather 1,586.00 i 1 gal $ 19,227.04 Grass, 'vaisca!rihus sinensis 'Gracill 101.00 3 gal $ 3,734.54 Lant ne, JL!ro ie Trailing 7,280.00 4" pot $ 13,370.87 Yucca, Red 104.00 5 gal $ 3,154.27 Sa vi ;, . '..ed Gregoii 996.00 I 3 gal $ 36,827.69 Grass, •"Jrw'; iriy 1,092.00 S 3 gal $ 40,377.35 Oak, l 1.00 30 gal $ 367.82 Red _.d 1.00 30 gal $ 409.36 Sage, Th->. s 142.00 ! 15 gal $ 21,449.56 Labu c:_ i INC in plant pricing Eoui;3r . .-.: cos. j INC in plant pricing Sa-Vic-': ; E. tori..vnL cost i INC in plant pricing Total $ 214,479.26 Res 18-27 Form TCG 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270 Contract identifier: Department: By signing below, Company herby verifies the following: 1. Compa •oes not boycott Israel; and 2. Co -'any wi I nottoy tt Israel during the term of the contract. SIGNED BY: . Print Name of Person: lJ -c-� �l 12�5o4 C Signing,Title, and y,,� ' Company ��•-G1S1 o�� LA- 12-PPcz 1 c T Ci'-. Date signed: 51\?.O \, 201.5 STATE OF TE S § COUNTY OF I k, § BEFORE ME, the undersigned Notary Public on this day personally appeared _ (Name), on behalf of (Company) who being duly sworn, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct.. -�1 SWORN AND SUBSCRIBED TO before me,this ��day of , 20 1 PY // DEBORAH WHITE r r / / • P bei / /L ALl :3%;:1%.• ;Notary Public,State of Texas NOTARY OF PUBLIC, W Comm.Expires 02-14-2021 FOR THE STATE OF TEXAS AAj4,+ {il sion kpiles1D 26078-2 Government Code§2270.002. Provision Required in Contract Effective: September 1, 2017 A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The following definitions apply: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. (3) "Governmental entity" means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services (regardless of the amount) before the City can enter into the contract. Res 18-27 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-393653 Precision Landscape Mangement Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/17/2018 being filed. Town of Vvestiake Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2018-06 Plant Replacement on FM 1938/Davis Blvd from Randol Mill to Hwy 114 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check onkj,if there is NO interested Party. 6 ut DECLARATION MynameN b V rk tAA, t.t , and my date of birth is ( My adcress is . t 490o6, 61dek TYPI, L , -Tx-, rory 64:244,1---rh (street) (city) (state) (zip code) (country) cec'E-c ,,oaer penalty of perjury that the foregoing is true and correct. Exepeo County, State of ,TY- onth.1011 day of ,2O / 1'7 .14 it*, DEBORAH WHITE (month (year) **9..,..Notary Public.State of Texas tAt., :II Comm,Expires 02-14-2021 .:11eo. Notary ID 26078-2 Signature of authorized agent of contracting business entity (Declarant) , - — _ Forms pi by Texas 7finos,Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-393653 Precision Landscape Mangement Dallas, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is • 08/17/2018 being filed. Town of Westlake Date Acknowledged: 08/20/2018 g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2018-06 Plant Replacement on FM 1938/Davis Blvd from Randol Mill to Hwy 114 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of ,on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711