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Res 20-07 Approving and Agreement with Bennett and Reedy Utility for road repairsTOWN OF WESTLAKE RESOLUTION NO. 20-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN AGREEMENT WITH BENNETT AND REEDY UTILITY LLC. (B&R) FOR THE BASE BID PLUS ALTERNATE 1 FOR $191,320.00 TO PERFORM THE PAVEMENT REPAIRS ON SOLANA BLVD., FROM STATE HIGHWAY 114 FRONTAGE ROAD TO F.M. 1938 AND REJECTING ALL ALTERNATE 2 BIDS, AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT AND AUTHORIZING TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, the Town Council desires to provide residents and commuters safe and aesthetically pleasing streets and infrastructure; and WHEREAS, the Town Council finds that the pavement repairs on Solana Boulvard, from State Highway 114 Frontage Road to F.M. 1938 and reject all Alternate 2 bids; and WHEREAS, the Town Council find that the agreement with Bennett and Reedy Utility LLC (B&R) will provide best value for all necessary labor and supplies for the pavement repairs on Solana Boulevard from State Highway 114 Frontage Road to F.M. 1938; and WHEREAS, the Solana Boulvard pavement repair project cost has been included in the adopted 2019-2020 Town budgets; and WHEREAS, the Town Council rejecting all other bids submitted for the Solana Blvd. paving repair projects; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the people of Westlake. 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 hereby approves agreement with Bennett and Reedy Utility LLC (B&R) for the base bid plus Alternate 1 and to perform the Solana Boulvard pavement repairs, agreement attached as Exhibit "A", authorizes the Town Manager to sign on behalf of the Town of Westlake and authorizes Town staff to make funding changes not to exceed $25,000 on this project. 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 Resolution 20-07 Page 1 of 2 hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 3rd DAY OF February 2020. ATTEST: Tdiya MortYs, Assistan to the Town Secretary Laura Wheat, Mayor am a4� ea,Ze,, Amanda DeGan, Town Manager Resolution 20-07 Page 2 of 2 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the ;2 O day of C,h , .� in the year 2020, by and between the Town of Westlake, Texas (hereinafter called OWNER) and t 1�� /='r' Coves J_--Z_-_(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: 2019 Solana Blvd. Paving Repairs The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Town of Westlake Article 2. ENGINEER. The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assumes 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 90 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 ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. The Town of Westlake shall retain 10% of each pay application until the work has been completed by the Contractor. 8-1 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. Article 8. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8-2 1. Project Location Map consisting of one (1) page 2. Notice to Bidders consisting of one (1) page 3. Instructions to Bidders consisting of one (3) pages 4. Proposal (Contract Amount) consisting of five (5) pages 5. Maintenance Bond consisting of three (3) pages 6. Performance Bond consisting of two (2) pages 7. Payment Bond consisting of two (2) pages 8. Standard Form of Agreement consisting of four (5) pages 9. Certificate of Insurance consisting of one (1) page 10. Project Detail consisting of three (4) pages 11. Standard General Conditions consisting of thirty nine (39) pages 12. General Conditions consisting of three (3) pages 13. Special Conditions consisting of six (6) pages 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, 8-3 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. ( THIS SPACE INTENTIONALLY LEFT BLANK) 8-4 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 O day of , 2020. i OWNER: CONTRACTOR: Town of Westlake, Texas By: "a", Amanda DeGan, Town Manager By: �-, I ATTEST:" ATTEST: -veil. -E-dwards, Town Secretary Todd 1A)0061 Address for giving notices: 1500 Solana Blvd., Bldg. 7, Suite 7200 Westlake, Texas 76262 (If OWNER is a public body, attach resolution authorizing execution of Agreement. ) Address for giving notices: P�5—�oo,<s 2d List name of person to whose attention notices are to be sent: jc- r-F P'e c d zl (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) 8-5 ADDENDUM NO. 1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SOLANA BOULEVARD PAVING REPAIRS (F.M. 1938 DAVIS BOULEVARD TO S.H. 114) TOWN OF WESTLAKE, TEXAS Date: January 3, 2020 Bid Opening: Thursday, January 7, 2020 at 2:00 p.m. (see below for date change) 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 Specifications and Contract Documents: CONTRACT DOCUMENTS 1. Notice to Bidders Revise the bid opening date to read as follows: 2:00 p.m., Thursday, January 13, 2020 2. Clarification: Pre -Bid Conference held on December 19, 2020 was not mandatory. Attendance of the pre -bid conference is not a requirement of this bid. END OF ADDENDUM NO. 1 Page 1 of 1 ADDENDUM NO. 2 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SOLANA BOULEVARD PAVING REPAIRS (F.M. 1938 DAVIS BOULEVARD TO S.H. 114) TOWN OF WESTLAKE, TEXAS Date: January 10, 2020 Bid Opening: Thursday, January 16, 2020 at 2:00 p.m. (see below for date clarification) 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 Specifications and Contract Documents: CONTRACT DOCUMENTS 1. Notice to Bidders Clarify and Revise the bid opening date to read as follows: 2:00 p.m., Thursday, January 16, 2020 2. Pre -Bid Conference Notes and Contractor Questions/Clarifications: A. Panel Size: As it relates to "Whole Panel", "Half Panel", and "Spot Repair", the standard whole panel size for this project is 12 feet x 18 feet. This is further reflected in the updated Proposal Section issued as part of this addendum. B. Spot Repair: Spot repair represents a 2 foot long full width (12') repair at the end of a damaged panel. If the panel requires repair beyond 2 foot, a "Half Panel" repair will be used in accordance with the "Half Panel" bid item. C. Traffic Control and Project Phasing: Traffic Control shall be in accordance with Section 14.X111. Traffic Control Plan. One -Lane of Solona Blvd. shall remain open at all times in each direction. Closure of multiple lanes is permitted through coordination with the Town Engineer or Town Inspector. Multiple lane closure shall be Page 1 of 3 limited to approximately 2000 feet and shall not cross more than one street intersection during any given phase of the project. D. Proposal Item 12: Saw Cut and Remove Concrete Sidewalk This item shall read: "Saw Cut and Remove Concrete Sidewalk at ramp intersection locations". This item is for the removal of portions of the existing sidewalk at the intersection of Peytonville Ave. and Solona Blvd. prior to the installation of barrier free ramps to serve the existing striped crosswalk at this location. E. Proposal Item 13: Construct Barrier Free Ramps This item shall read: "Construct Barrier Free Ramps at Peytonville Ave. Intersection". F. Proposal Item 14: Manhole Block Out This item shall read: 10" Reinforced Concrete Manhole Blockout" The paving section and specifications for the blockouts shall match the 10" reinforced concrete specifications provided in this contract for the panel pavement repair. G. Proposal Item 16: Crack Sealing This item has been removed from the base bid and included in the Alternate bid as Item Alt 2. This item includes routing and sealing of existing cracks in Solona Blvd. for the extents of the projects. H. Proposal Item 17: Replace 20' Inlet Top — Removed from Bid Proposal Item Alt 1: Remove and replace Eastern 4" Reinforced Concrete Colored Banding Section at the Intersection of Westbound Solona Blvd. and Northbound F.M. 1938/Davis Blvd. (2' x 70') This item has been added to this bid proposal. Traffic Buttons Any traffic buttons affected with panel replacement shall be remove and replaced, or new buttons installed. New buttons shall be Type A 4" Round White Non -Reflective Ceramic Traffic Buttons, and a two-way 4" White Rounded Shoulder Reflector installed every after each row of 3 Ceramic Buttons. Traffic Buttons shall be installed in accordance with applicable TxDOT Standard Specifications.Traffic Buttons shall be considered subsidiary to associated panel repair bid items and are not a separate pay item for the purposes of this project. 3. Proposal Section A. The proposal section included with this addendum shall be used for bidding of this project and shall completely replace the proposal section currently in the bid documents. Page 2of3 B. Alternate Bid Items: Alternate Bid items included within this bid are items that may be selected to be part of the awarded contract at the discretion of the Town of Westlake. The selection of these alternates is based on and subject to available funding. 4. Engineer's Opinion of Probable Cost The probable cost for this project is approximately $200,000. 5. Start Date The project is intended to begin as soon as possible following award of the bid and approval for release of construction through and by the Town of Westlake. END OF ADDENDUM NO. 2 Page 3 of 3 PROPOSAL To: Town of Westlake For: 2019 Solana Boulevard Paving Repairs The undersigned Bidder having thoroughly examined the contract documents, including specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and material, except as specified to be furnished by the Town, which is necessary to fully complete all of the work as provided in the contract documents and subject to the inspection and approval of the Town of Westlake, Texas, and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if any, as may be required by the contract documents for the performing and completing of said work. Contractor proposes to do the work within the time stated and for the following sum: ITEM QUANTITY NO. AND UNIT 1. 27 EA. 2. 27 EA. 27 EA. PROPOSAL DESCRIPTION & PRICE IN WORDS Saw Cut and Remove Whole Panel (12' x 18% Dispose of Concrete Paving, for the sum of: y\ ,,,— Dollars A 2 o Cents Per Each Compacted Subgrade Whole Panel to Min. 95% Standard Proctor Density for the sum of. UNIT TOTAL PRICE PRICE $ `f S'0 $ SAS eC) Dollars a n., o Cents Per Each $ -/'S0 $ Js2, 56 6- 10" Reinforced Concrete Paving, Whole Panel (12' x 18'), Including 6 Sack Mix, Class P2, 4500 PS, #4 Rebar 24", O.C.E.W., #5-24" Smooth Dowel Bars @ 12" Spacing, Chairs Required for the sum of: ars a• .�� Cents Per Each P-1 ITEM QUANTITY DESCRIPTION & PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 4. 13 EA. Saw Cut and Remove Half Panel (12' x 9'), Dispose of Concrete Paving for the sum of: �ollars nJ �� Cents $ a =� $� a s - Per Each 5. 13 EA. Compacted Subgrade Half Panel (12' x 9') to Min. 95% Standard Proctor Density for the sum of: Dollars +J o Cents $ 3 �� p_ $ `G Per Each 6. 13 EA. 10" Reinforced Concrete Paving, Half Panel (12' x 9'), including 6 Sack Mix, Class P2, 4500 PSI #4 Rebar 24" O.C.E.W., #5-24" Smooth Dowel Bars @ 12" Spacing, Chairs Required for the sum of: Dollars tti v Cents Per Each 7. 40 EA. Saw Cut and Remove Spot Repair (12' x 2'), Dispose of Concrete Paving for the sum of: (A ■ .�.���� z.46 ollars yv � Cents _ C/0 Per Each 8. 40 EA. Compact Subgrade Spot Repair (12' x 2') to Min. 95% Standard Proctor Density for the sum of: 0--Dollars �U � 8 6O • a��,. %3— oe"' � Cents Per Each $ o'Z 7 S � P-2 ITEM QUANTITY DESCRIPTION & PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 9. 40 EA. 10" Reinforced Concrete Paving, Spot Repair (12' x 2'), including 6 Sack Mix, Class P2, 4500 PSI, #4 Rebar 18" O.C.E.W_, 95-24" Smooth Dowel Bars @ 12" Spacing, Chairs Required for the sum of: ram_ 66 �� jr�i-�en� Dollars xj o Cents Per Each $ �4 , $ a O SOU 4 Q s 10. 20 L.F. Saw Cut and Remove Damaged, Curb & Gutter for the sum of: Dollars -6-4 -.- Al Cents Per Linear Feet $ %�%• 7 jJ $ 12 �01 U v 11. 20 L.F. 6" Concrete Curb and Gutter for the sum of: Dollars A„ Q, Cents Per Linear Feet $ �� a u $ 000 12. 6 EA. Saw Cut and Remove Concrete Sidewalk at ramp installation locations for the sum of: Dollars ,v c, Cents Per Each 13. 6 EA. Construct Barrier Free Ramps at Peytonville Ave intersection crosswalks for the sum of: �liars Per Each w $ t /om 5-0 $ 14. 2 EA. 10" Reinforced Concrete Manhole Block Out, for the sum of- .6 A Dollars 'A,� e Cents a_ Per Each $ / 30 U $ .2 o P-3 ITEM QUANTITY DESCRIPTION & PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 15, 1 L.S. Erosion Control and SWPPP for the sum of: Dollars ,y o Per Lump Sum Cents $ G 40 �r $ G 3 4 U 16. 1 L.S. Traffic Control for the sum of: Dol rs �a Cents yam, Per Lump Sum $ �G,S D $ TOTAL BASE BID ALTERNATES: $vo ALT 1. 1 L.S.. Remove and replace eastern 4' Reinforced Concrete Colored Banding at the intersection of west bound Solona Blvd. and north bound F.M. 1938/Davis Blvd. (2' x 70'), for the sum o£ Dollars Cents Per Lump Sum , T $ U d ° $ 2) C'100 � T T 2. 1 L.S.. Crac aling of Solona BlvdL F.M. 1938 vis Blv for the sum of Sum TOTAL ALTERNATE BID PROPOSAL SUMMARY: TOTAL BASE BID TOTAL ALTERNATE BID Cents $ r,� nod m � *TOTAL BID PROJECT COST P-4 V00 SGYX� = *Total Project Cost includes bonds, traffic control and other incidentals necessary to complete the work scope of this contract. This total must agree with the total amount bid. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no more than the invoice price for such material to the Contractor. P-5 PART B — PROPOSAL (Continued) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the Owner in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against. The bidder agrees to begin construction within %y calendar days after the issuance of the Notice to Proceed with Construction (Work Order), and to complete the contract within <70 calendar days after receipt of said notice. Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 / 2� Addendum No. 3 Respectfully submitted Company: -1 ,) 2 0,) e Title: a d c ,,)-t Address: 6 S- City, State, Zip:"Ig- Phone: P/-7-Sg 6-/ -73 y Fax: 6sr,P— 703-P3-7-7 (Seal) if bidder Corporation Signature: \1i THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No. PH3848 KNOW ALL MEN BY THESE PRESENTS, that we B & R UTILITY CONSTRUCTION, 8625 Brooks Road, Burleson, TX 76028 as Principal, hereinafter called the Principal, and Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004 a corporation duly organized under the laws of the Commonwealth of Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Westlake, 1500 Solona Boulevard, Bldg 7, Ste. 7200, as Obligee, hereinafter called Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ( 5.00% ). For the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Solana Boulevard Paving Repairs Concrete Panel Replacement NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the teens of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th day of January , 2020 . B & R UTILITY CONSTRUCTION (Principal) (Seal) (Witness)4��7- 1�f2� '-13 �_�'^^�/ ' (Title) Philadelphia Indemnity Insurance Company (Suretyr�—e (J(S �h_yTrF itness) Fred A. thetford, 111, ATTORNEY -IN -FACT AIA DOCUMENT A310 *BiD BOND * AIA * Feb. 1970 ED. * THE AMERICAN INSTITUTE OF ARCHITECTS 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006 Bond No. PH3848 7281 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jared Young, Fred A. Thetford, Jr., Tobin Tucker, Tom Young, Diane Brown, Fred A. Thetford IV and/or Fred A. Thetford, III of Contract Bond Agency, LLC., its true and lawful Attorney -in -Fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 141" of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach tine seal of tine Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER, 2017. 1927 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27°i day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. CQWMQNWE rNO P N 5 v HOTM1At SEnI Mow•nK�•DD.Naa�rrwx Nota Public: LDwe�Nerion lwp.. Mnm7onHry C 2321 ry MyCwnml,sbn Eyplei 9eD1 75. 207/ l[YII tvVjllr V+N� NyppGAl1011 p,. residing at: (Notary Seal) My commission expires: Bala Cynwyd. PA September 25, 2021 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27" day of October, 2017 are true and correct and are still in full force and effect. 1 do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 6ti1 day of January 20 20 1 g2 7 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY TWO YEAR / TWENTY Y PERCENT WESTLAKE MAINTENANCE BOND STATE OF T EX -AS Bond No: PB11509801683 COUNTY OF TAR CANT KNOW ALL MEN BY THESE PRESENTS: That B & R Utility Construction, 8625 Brooks Road, Burleson, TX 76028 AS PPLNCIPAL. Ai`ID Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004 (NAME OF SURETY) a corporation organized under the laws of Pennsylvania and N/A as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the Town of Flestic:ke (NAItC, OF OVT1 ER) a ?municipal corporation, the sum of Thirty Eight Thousand, Two Hundred Sixty Four and 08/100----- (AMOUNT DETERMINED BY 20% OF TOTAL CONTRACT PRICE) Dollars ($ 38,264.08 ) for the payment of which sum will and truly to be made unto said Town of DYesilake (NAME OF OWi\MR) and its successors, said principal and sureties do hereby bind themselves their assigns, and successors jointly and severally. This obligation is conditioned, however, that, whereas said B & R Utility Construction (NAME OF CONTRACTOR) has this day entered into a written contract with said Town of IlVestic!k e (NAN E OF OWNER) to build and construct the 2019 Solaria Boulevard Paving Repairs (DESCRIPTION OF PROJECT AS IT APPEARS ON COMER OF CONTRACT DOCUMENTS) which contract and the plats and specifications therein mentioned and adopted by the Town of Mestic ke are hereby expressly rna-de a part thereof as though the same were written and embodied herein. 5-1 WHEREAS, under the specifications and contract, it is provided that the Contractor- shall maintain and keep in good repair the wore constructed and/or equipment furnished by him as contemplated by the plans, specifications, drawings, etc., and perform for a period of Two 2year(s). The period shall be one (2) years from the date of acceptance as sho,,vn on the "Certificate of Completion" as issued by the Engineer, or the date of Final payment by the Oviner, whichever bears the later date, all necessai;, repairs, reconstruction and renewal of any part of said construction, and to furnish 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 or the improper function of any part of the construction work. The Contractor shall reimburse the Ovnner for the costs of all Engineering and special services required to be furnished by the Owner which wre directly attributable to the restoration of the constructed work. Said maintenance contemplates the compLete restoration of the constructed work to a functional use during the said period as set forth above. It is being understood that the purpose of this section is to require the correction of all defective conditions resulting from materials furnished or work and labor performed by the said Contractor under the conditions prescribed by the plans and specifications; and in case the said Contractor shall fail or refuse to perform as provided within ten (10) days after proper written notifications have been furnished to hire by the Owner, it is agreed that the Owner may do said work and supply such materials and the said Contractor and Sureties herein shall be subject to the liquidated damages mentioned in said Contract for each calendar day's 'failure on its part to comply with the terms of the said provision_ of said Contract of this Nlaintenanea Bond. NOW THEREFORE, if the said Contractor shall keep and persorm its said agreement to maintain said work and keep the same in good repair for the said maintenance period as provided above, then these presents shall be null and void and have no further effect, but if default shall be made by the said Contractor in the perfonnance of its contract to do so maintain and repair damages in the premises, as provided, and it is further understood and 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 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 mariner affected from any clause during said time. IN WITNESS Vn4 REOF, the said B & R Utility Construction (NAME OF CONTRACTOR) has caused these presents to be executed by Jeff Reedy, President (NAME OF CONTRACTOR'S AUTHORIZED SIGNER) and the said Philadelphia Indemnity Insurance Company (NAN- OF SURE e Y) has caused these presents to be executed by its Attorney -in -Fact and the said Fred A. Thetford, IV (ATTORNEY-W-FACT OR OFFICIAL) (ATTORNEY -IN -FACT OR OFFICIAL) has hereto set his hand this the 21 st day of February , 2020. 5-2 Philadelphia Indemnity Insurance Company IN B & R Utility Construction PRENCIPAIL Jeff Rebd-yjPksident ATTEST: By: ��� By: SURrTY Fred Thetford SECRETARY NOTE: Date of Maintenance Bond must not be prior• to date of contract. Power of Attorney must be attached. 5-3 PERFORNM-NCE BOND STATE OF TEXAS CO1TNTY OF T ARRANT Bond No: PB11509801683 KNOW ALL MIEN BY THESE PRESENTS: That B & R Utility Construction of the City of Burleson , County of Johnson , and State of Texas , as principal, and Philadelphia Indemnity Insurance Company authorized Linder the liws oI the State of Texas to act as surety on bonds for principals, are held and firmly bound unto Toiap of Wesdake (Owner), in the penal sun-i of One Hundred Ninety One Thousand, Three Hundred Twenty and 40/100 Dollars ( 191,320.40 ) 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 �,vith the Owner, dated the 20th day of February , 2020, to Build and Construct the 2019 Solana Blvd. Paving Repair Improvements which contract is hereby referred to and made a pact hereof as nirly 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 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 (Article 5160 for Public Work) (Article 5472d for Private Worts)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extend 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 flie work to be performed thereunder :..Not applicable for federal wore. See "The Miller Act," 40 J.S.C. S270. 6-1 IN WITNESS WHEREOF, the said Ptincipal and Starety have sib ed and seal_cd this instrument this 21 st day of February , 2020. B & R Utility Construction PP NCIPAL By: Title: Jeff Reedy, President 8625 Brooks Road Address: Burleson, TX 76028 Philadelphia Indemnity Insurance Company St=ETY By: Title: Fred A. Thetford, IV, Attorney -in -Fact One Bala Plaza, Suite 100 Address: Bala Cynwyd, Pennsylvania 19004 The name and address of the Resident Agent of Surety is: Fred Thetford c/o Contract Bond Agency, 2525 Ridgmar Boulevard, Suite 320, Fort Worth, Texas 76116 6-2 PA31WN T BOND STATE OF TEXAS COUNTY OF TAR AN T Bond No: PB11509801683 KNOW ALL 1VIEN BY TREESE PRESENTS: That B & R Utility Construction of the City of Burleson , County of Johnson , and State of Texas , as principal, and Philadelphia Indemnity Insurance Companyauthorized under• the laws of the State of Texas to act as surety on- bonds for principals, are held and au<nly bound unto Town of Westlake (Owner), in the penal_ sum of One Hundred Ninety One Thousand, Three Hundred Twenty and 40/100------- — Dollars ($ 191,320.40 ) 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: Builcd an d Construct the 2019 Soliina Blvd. Paving Repair Improvements WHEREAS, the Principal has entered into a certain written contract with the Ovmer, dated the 20th day of February , 2020, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.. NOW, THEREFORE, THE CONDITI.ON 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, IOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no charge, 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 anyway affect its obligation on this band, 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. 7-1 N WITNESS NESS WHEREOF, the said. Principal and Surety have signed and scaled this 111strunwrit this 21st day of February 2020. B & R Utility Construction By: Title: Jeff Reedy, President 8625 Brooks Road Address: Burleson, Texas 76028 Philadelphia Indemnity Insurance Company SURETY T1' B y1 Title: Fred A. Thetford, IV, Attorney -in -Fact One Bala Plaza, Suite 100 Address: Bala Cynwyd, Pennsylvania 19004 The name alid address of the Resident Agent of Surety is: Fred Thetford c/o Contract Bond Agency, 2525 Ridgmar Boulevard, Suite 320, Fort Worth, Texas 76116 7-2 7121 PHILADELPHIA INDEMNITY INSURANCE COMPANY Bond No: PB11509801683 One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jared Young, Fred A. Thetford, Jr., Tobin Tucker, Tom Young, Diane Brown, Fred A. Thetford IV and/or Fred A. Thetford, III of Contract Bond Agency, LLC., its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27T''DAY OF OCTOBER, 2017. 1927 i (Seal) •^• Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27°i day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWE&r4 DF PENNS v NOTARVJ.SEAL Mo�g.n Kn:pD AolaN PoaS• Notary Public: AiYC —1" RE%MnnlSe Ol 2GDenly Aty Commissnn Evplrrs 8eD1. 25, 2Y11 residing at: (Notary Seal) My commission expires: Bala C,nMd, PAPA September 25,202125,2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27" day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal ofeach Company this 21 St day of February 2020 I ,l2 1' Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY r