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Res 07-30 Authorizing a Contract with Modernfold Door and SpecialtiesTOWN OF WESTLAKE RESOLUTION NO. 07-30 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING A CONTRACT WITH MODERNFOLD DOOR & SPECIALTIES OF DALLAS/FT. WORTH, INC. FOR CONSTRUCTION WORD RELATED TO THE PHASE IH (THREE) REMODELING/CONVERSION OF POD F CIVIC CAMPUS FROM OFFICE SPACE TO ADDITIONAL CLASSROOMS AND RELATED SPACE. WHEREAS, the Board of Aldermen finds that the remodeling/conversion of the existing office space to additional classrooms and related space will benefit the public; and WHEREAS, the Board of Aldermen finds that the procedures and requirements set forth in the Texas Local Government Code regarding competitive bidding requirements for the remodeling/conversion were appropriately followed; and WHEREAS, the Board of Aldermen finds that the contract from Modernfold Door & Specialties of Dallas/Ft. Worth, Inc. to provide all materials and labor for the movable partition walls, doors and support systems for the classroom conversions of Pod F, as attached Exhibit "A", is sufficient to meet the public need; and WHEREAS, the construction cost of this project has been included in the adopted 2006/2007 budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE TOWN OF WESTLAKE, TEXAS.- SECTION EXAS: SECTION 1. The above findings are hereby found to be true and correct and are incorporated herein in its entirety. SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves the contract with Modernfold Door & Specialties of Dallas/Ft. Worth Inc. relating to the Phase III remodeling/conversion of Pod F Civic Campus construction, attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. PASSED AND APPROVED ON THIS 23rd DAY OF APRIL, 2007. T4MCAil;6rd-� – ATTEST: Scott Bradley, Mayor i /Kiyl Sutter, TRMC, Town Secretary Trent O—Pettyl"Illanager Resolution No. 07-30 -- April 23, 2007 Page] of 2 APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution No. 07-30 — April 23, 2007 Page 2 of 2 Civic Campus Expansion FROM CLASSROOM CONVERSIONS POD F Feburary 20th, 2007 TOWN OF WESTLAKE SCOTT BRADLEY MAYOR BOARD OF ALDERMEN FRED HELD — MAYOR PRO TEM DON REDDING BUDDY BROWN\ LARRY CORSON BOB TIMMERMAN TRENT O. PETTY TOWN MANAGER Town of Westlake 2650 JT Ottinger Rd. Westlake, Tx. 76262 Phone 817-430-0941 Fax 817-430-1812 Bid Proposal mw, w J r Section 8.1 WESTLAKE SCHOOL CLASSROOM CONVERSIONS BID PROPOSAL General: The original school classroom building (Pod "F") was designed as a classroom wing. However, pending local area growth, Pod "F" was initially modified for temporary use as Town offices. Now that the school needs more classroom space, the Town offices will be removed and relocated, and pod "F" converted to school use as originally intended. Therefore, this will be an indoor project consisting of demolition and new construction. The result will feature five new classrooms, a new file room, and an office. In addition, new wooden lockers will be constructed and installed in the existing lobby. The existing doorway separating Pod "E" from the remainder of the school will be removed and adjacent walls patched/refinished, An ADA -compliant electric drinking fountain will be installed in Pod E's restroom foyer. Although no major new HVAC, electrical and plumbing systems will be needed, there will involve various minor additions and/or alterations such as relocation of HVAC controls, ducting re-routes, and minor system changes including security/alarm, communication, date lines, and electrical outlets. Two new classroom sinks will be added, will need an X -Ray surveys of the concrete slab reinforcing before core -drilling for the two sink's waste and supply lines. There will be two new 5 -panel "Panel -bold" movable partitions installed to divide two pairs of the new classrooms. A significant amount of cabinet fabrication and installation work will be included, mainly in the classrooms, lobby, and corridor. Most of the new work will match the existing features in Pod "E", allowing some simplification of the construction documents. Finishes will include carpet and VCT, acoustical cloth wall covering, drywall, magnetic markerboard walls, and other materials. Pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary labor, materials and equipment to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans ane binds himself on acceptance of his proposal to execute a contract and bond, according to the accompanying forms for performing and completing the said work within the time stated and maintaining same as required by the detailed specifications for the following prices, to - wit: Approximate Description of Items with bid prices written in Item # Quantity words Unit Price Total Amount * Furnish and install, including all appurtenant work, complete in place, the following items Please note: The doors and frames will be reused in the project. All fire system and electric devices will be reused when possiable. Plumbing I LS Install two sinks see A1.02 &A1.06 for a sum of : $ $, 2 LS Dollars and Cents Demolition & debris removal see A1.01 for a sum of and Dollars Cents 3 LS X -Ray slab in three locations see A1.02 for a sum of : $ Dollars and Cents Dual drinkg fountaion installed see A1.02 for a sum 4 LS of: S and Cents r r � Remove and install fire fire sprinkler heads see A1.06 5 LS sur a sum of: $ $ Dollars and Cents Power Demolition & debris removal see A1.01 for a sum of I LS $ $ Dollars and Cents GFCI plugs and data outlets stub ups see A1.05 for a 2 LS sum of: $ $ Dollars and Cents Light fixture and PA speaker see A1.03 & A1.05 for 3 LS a sum of: $ $ Dollars and Cents 4 LS For all Conduit see A1.05 for for a sun of : $ $ Dollars and Cents Floor plugs wlData stub ups installed see A1.05 for 5 LS for a sum of: $ $ Dollars and Cents Fire alarm strobe device removed and installed see 6 LS A1.05 for for a sum of Dollars and Cents Branch circuitary installed see A1.05 for for a sum 7 LS of: $ $ Dollars and Cents TOW 6 LS and Staining & finishing millwork see A1.06 a sum of: Gents for Dollars and Cents Doors, Frames & Hardware 6 Doors w/out openers, with glasing see A1.02 for a I EA sum of: 61 Dollars and Cents 2 Set Door hardware see Al. 02 for a sum of: $ Dollars and Cents Am tf Please note: The doors and frames will be reused in the project. All fire horn and strobe device will be reused when possible. Millwork I LF Casework see A1.07- Al. 10 for a sum of Dollars and Cents 2 SF Solid surface tops see A 1.07 - A 1.10 for a sum of Dollars and Cents 3 LS Lockers see A1.08 & ALIO for a sum of: $ $ Dollars i and Cents 4 LF Classroom trim see A1.07 & A1.10 for a sum of : $ $ Dollars and Cents 5 LF Trim in Corridor see Ai .07-A 1.10 for a sum of : $ $ Dollars 6 LS and Staining & finishing millwork see A1.06 a sum of: Gents for Dollars and Cents Doors, Frames & Hardware 6 Doors w/out openers, with glasing see A1.02 for a I EA sum of: 61 Dollars and Cents 2 Set Door hardware see Al. 02 for a sum of: $ Dollars and Cents Am 3 LS Two movable partition doors see A 1.02 for a sum of: $ = . 0 D Ij C A A) )V�7t s, rU DPIFO Dollars and "fir,' Cents Two movable partition support system see A1.11 @. �), 8-00, 4 LS for a sum of : $ , $ rtV6 T74'WeC-16 f ]` J t t'�✓,/' 2 Lf Dollars and ' Cents Glass & Glazing 1 SF Clearstrory glazing see Al. 07 for a sum of : $ $ Dollars and Cents Mechanical system Remove grilles and duck work in file rm see A 1.01 for I LS a sum of: $ $ Install louver in ree..203 see A1.04 for a sum 2 LS of: $ $ 3 LS Building management adjustment for a sum of DRYWALL I LS Demolition & removal see A1.01 fora sum of : $ Dollars and Cents 2 LS Rough carpentry see A1.02 for a sum of: $ $ Dollars and Cents 3 LS Drywall partitions see A1.02 for a sum of: $ $ Dollars and Cents 4 LS Fire rated file rm see A1.02 for a sum of : $ $ Dollars and Cents '. 1 5 LS Fry reglet reveal work see A1.02 fora sum of : $ Dollars and Cents Plastic barrier in lobby, on all return vents and wood b LS floors for a sum of : $ Dollars and Cents Carpet & Resilient Flooring Demo flooring & debris removal see A1.01 1 LS for a sum of : $ Dollars and Cents 2 SF VCT flooring see A1.02 for a sum of : $_ Dollars and Cents 3 SY Carpet see A 1.02 for a sum of: $_ Dollars and Cents Demo flooring in existing corridor see A1.01 4 LS for a sum of : $ Dollars and Cents New flooring in existing corridor see Ai.02 5 LS for a sum of : $ Dollars and Cents Painting & Wall Covering Tape, Bed & Paint drywall see A1.02 for a 1 LS sum of: $ Dollars and Cents Magnetic marker board C.R. 210 see A1.02 2 SF for a sum of : $ Dollars and Cents BP -8 $ $ BP -9 } Fabric wrapped Acustical panels see A1.07 for a sum ". LS of: $ $ Dollars „ and Cents ' �,� kurity system LS One security camera see A1.05 for a sum of: $ $ Dollars r and Cents .. 2 LS Install one card readers see A1.05 for a sum of Dollars and Cents POD G Option DRYWALL 1 LS Demolition & removal for a sum of: $ $ 4 , ,. Dollars and Cents 2 LS Rough carpentry see for a sum of: $ $ 14 Dollars and Cents 3 LS Drywall partitions for a sum of: $ $ Dollars and Cents 4 LS Install two doors and frames for a sum of : $ $ Dollars and Cents 5 LS Drop down ceiling for a sutra of : $ $ Dollars and Cents 6 LS Relocated sprinkler heads for a sum of: $ $ Dollars and Cents 7 LS Add return and supple vent for a sum of: $ $ Dollars and Cents BP -9 8 LS Relocated lighting and plug for a sum of : $ $ Dollars and Cents 9 each Data drop for a sum of: $ Dollars and Cents POD D Option Install a 22' X 12' matel stade wall in classroom 103 which would include 518 sheetrock on one side and a quiet barrier on the other. The finished side will be paited and a magnetic bourd eill be in stalled. Two fire sprinklery head will need to be relacated be six inch. DRYWALL 1 LS Removal book case for a sum of: $ $ Dollars and Cents 2 LS Rough carpentry for a sum of Dollars and Cents 3 LS Paint for a sum of Dollars and Cents Magnetic marker board C.R. 210 see A1.02 4 LS for a sum of : $ $ 5 LS Install quit barrier for a sum of : and Addendum Receipt is acknowledged of the fotlowing addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Dollars Cents Dollars Cents 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 working days as provided in the general conditions of the agreement. .nelosed with this proposal is a bid bond, proformance bond in the amount of the project, two year maintenance bond and a payment bond, which it is agreed shall be collected and retained by the owener as liquidated damages in the event this proposal is accpted by the owener with five (5) days after the date advertised for the receipt of bids and the undersigned fails to execute the contract and the required bonds with the owner, under the conditions hereof, within 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 visited the site and has carefully examined the contract documents relative to the work covered by the above bid. Respectfully Submitted, 4- or- Contractor TContractor Name Printed Title Address: Phone #: -3 5 2 �' BP -1 1 INDEMNIFICATION BY CONTRACTOR 1 own 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 fcr 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. eO Company Name Contractor ignat r r Name lease Print) Title BP -17 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 55 WORKING 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 ($ 4% 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 TEN (10) 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: KW�"�wff_ /A AM om w - SEAL - IF BIDDER A CORPORATION THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Modernfold Door & Specialties of Dallas/Fort Worth Inc. 2952 Blystone Lane, Dallas, TX 75220-1504 as Principal, hereinafter called the Principal, and The Guarantee Company of North America USA 101 East Park Boulevard, Suite 817, Plano, TX 75074 a corporation duty organized under the laws of the State of Michigan as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Westlake as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), 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 Civil Campus Expansion Classroom Conversion Pod F NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials 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 20th day of March , 2007 Modernfold Door & Specialties of Dallas/Fort Worth, Inc. 1 (Principal) — , 9 (Seal) AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield., Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Edward Arens, Philip Baker, Steven E. White, Ray Garcia, Jr., Michele Bonnin TechnicaIAssuranee, L.L.C. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instruments) in pursuance of these presents, shall be as binding upon TIM GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -haws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31As day of December, 2003, The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: i. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at anytime, any such Attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 3111 day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WYMESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA Ee has caused this instrument to be signed and its corporate seal to be affixed by its authorized 31- officer, this 22nd day of August, 2oo6. THE GUARANTEE COMPANY OF NORTH AMERICA USA "+fAilf�R�P State of Michigan ' County of Oakland Stephen Dullard, Vice President On this 22nd day of August, 2006 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 herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. :•:.i ce Cynthia A. iakai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of ,Michigan Company of North America USA offices the day and year above written. County of Oakland t , My Commission .expires FebrEtary 27, 2012 Acting in Oakland County mit01 1, - I, Randall Musselinan, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 20th day of March 2007. Randall Musselman, Secretary IMPORTANT NOTICE TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MADE A COMPLAINT: You may contact The Guarantee Company of North America USA at 866-328-0567 to mare a complaint or for information regarding this bond. You may write to The Guarantee Company of North America USA at: Claim Department 25800 Northwestern Highway, Suite 720 Southfield, MI 48075 You may also contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND DOES NOT BECOME A PART OF OR A CONDITION OF THE ATTACHED DOCUMENT. IT IS GIVEN TO COMPLY WITH SECTION 2253.048, GOVERNMENT CODE, AND SECTION 53.202, PROPERTY CODE, EFFECTIVE SEPTEMBER 1, 2001. Section 8.3 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the day of April in the year 2007, by and between the Town of Westlake, Teas (hereinafter called OWNER) and Horlernfbid-:b oor 5peciaJ11Gg_. (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: CIVIL CAMPUS EXPANSION CLASSROOM CONVERSION POD F FROM TOWN OF WESTLAKE Article 2. General Contractor The Town General Contractor who is hereinafter called Manhattan Construction Company (MCC) and who is to act as OWNER'S representative, assume all duties and responsibilities and has the rights and authority assigned to MCC 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 five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within 55 calendar days as provided in the General Provisions and Requirements_ 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 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 fonds 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 OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 6. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the MCC, it be necessary. 7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and MCC 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 MCC 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: 8.1. Bid Proposal consisting of five (6) pages 8.2 Instructions consisting of three (4) pages. 8.3 This Agreement consisting of four (4) pages.. 8.4 Project scope classroom conversion consisting of two (2) pages. 8.5 Construction Plans consisting of twelve (12) sheets. There are no Contract Documents other than those listed above in this Article 8. Article 9. TERMINATION OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 10. MISCELLANEOUS. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. } This agreement will be effective on the S day of April, 2007. OWNER: Town of Westlake, Texas By: Trent O. Petty, Town Man i' ATTEST; Kim Sutter Mown Secretary Address for giving notices: 2650 J. T. Ottinger Road Westlake, Texas 76262 CONTRACTOR: Address for giving notices: List name of person to whose attention notices are to be sent: f C t I -1 ` (If CONTRACTOR is a Corporation, attach evidence of authority to sign. ) BP -22 ACORDDATE . ERTIFICATE,,*oF LIABILITY INSURANL-e_- pM1DPfYYYY) 8/7/2006 PR(Iovm ASSuranae One of Texas, LLC 11767 Katy Proeway, Suite 930 Houston TX 77079 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE MAIC # INSURED Modarnfold Door & SpGC1.altims of Dallas/ Ft. Worth, Inc. 2952 Blyston+a Lane Dallas TX 75220 INSURER A: Travalars Lloyds Ins co. _ INSURER 6:TraVGIOVS Iftdo-anity Co. INRURER CI Tmavelems Indemn of CT INSURER D! Sei'Vice LLL dS 1 INSURER E: ^n%MMAncn THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TC WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TFIE INSURANCE AFFORDED BY THE POLIC16S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION$ OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IHSR YR ADD'L A R TYPE OF INSURANCE POLICY NUMBER POLIY EFFECTIVE oATECMWbbTfY POLICY EXPIRATION DATE MMIDD LIMITS A GENERAL LIABILITY X5647505AC80 05/01/2006 05/01/2007 EACH OCCURRENCE i 1,000,000 DAMAGE TO RENTED 100, 004 PREMISES Ea=urr6nte, i� COMMERCIAL GENERI�ALUABILITY _ CLAIMS MADE OCCUR aJ MED EXP (An one erson) $ 5,000 PERSONAL ADV INJURY $ 1,000,060 X Contraetusal Liab. GENERALAGaGoREGATE ;! 2,000,000 GEN%L AGGREGATE LIMMAISr+LIFS PER PRODUCTS• COMP/OP AGG 21000/000 7 POLICY JECT LOC B AUTOMOBILELL"ILIY X ANY AUTO CAP4757A695 O5/01/2006 05/01/2007 COMBWED$INGLELIMIT (Eaa=Wonl) $ 1,000,000 BODILY INJURY S (Fer person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per atcitlent) X HIRED AUTOS X NON•OWNEDAUT03 PROPERTYDAMAOE 1; (Per smWenk) OARAOB LIABILITY AUTO ONLY • EAACCIDENT OTHERTHAN EAACC S ANYAUTO AUTO ONLY: AGO $ C FXCESWUM0RELLALIABILITY OVY6646NG49 05/01/2006 05/01/2007 cpoK orrIjRRCNCE$ 2,000,040 AGGREGATE $ 2,000,000 7C OCCUR F CLAIMS MADE EaEOUCTIBLE _ X RVTENTION $ 10,440 D WORKERS COMPENSATION AND SRv13645 05/02/2006 05/02/2007 yvyy Y 70RYTVM _ H- E.L. EACH ACCIDENT 6 1,000,000 EMPLOYQR$* LIABILITY ANY PRjPRIETORIPARTNMEXEOUTNE OPFICEFUMEMBER EXCLUDED7 E -L, DISEASE • EA EMPLOYEES 11000,000 II Yee, descriW undaF SPECIAL PROVISION -5 haNw E.L. CII$FA$E • POLICY LIMIT $ 1,000,000 OTHER 05/01/2006 05/01/2007 $150,000 Incl Transit DEgGRIP-nON 00 OPERATIONSILOCATIONSMEwCL F;WEXCLUSIONS ADDED BY CNDORSEMENT/8KCIAL PROVISI¢NS .lob: Waatlakw AQ91,JwaY, M= Job 02146 -IC - Town Of Wry*tlaka 2650 JT Ottinger Rd. Wostlidkko, TX 76262 AHOULD ANY OF TRE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE QxPIRATIDN DATE THEREOF, THE ISSUING INSURER INrl,l ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTINICATI! HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE ACORD 26 (2009108) w AV411iRv t,urtrvrv% r lun Iaoo J_�- INS025 (0106).05 ELECTRONIC LASER FORMS, INC. - (800)827-0545 Pagel 6( 2 ivl• �YYLUJ nl Ii I I LV V I I I - I V/ V I - I I - I JY INV. V V I LV`t I I JV I Y IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may requite an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurar(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACCORD 25 (2009118) *, INS026(0169).01 Papa#d? Bid Proposal Section 8.1 WESTLA.KE SCHOOL CLASSROOM CONIVERSIO S BID PROPOSAL Generali The original school classroom building (Pod "F") was designed as a classroom wing. However, pending local area growth, Pod "F" was initially modified for temporary use as Town offices. Now that the school needs more classroom space, the Town offices will be removed and relocated, and pod "F" converted to school use as originally intended. Therefore, this will be an indoor project consisting of demolition and new construction. The result will feature five new classrooms, a new file room, and an office. In addition, new wooden lockers will be constructed and installed in the existing lobby. The existing doorway separating Pod "E" from the remainder of the school will be removed and adjacent walls patched/refinished. An ADA -compliant electric drinking fountain will be installed in Pod E's restroom foyer. Although no major new HVAC, electrical and plumbing systems will be needed, there will involve various minor additions and/or alterations such as relocation of HVAC controls, ducting re-routes, and minor system changes including security/alarm, communication, dat. lines, and electrical outlets. Two new classroom sinks will be added, will need an X -Ray surveys of the concrete slab reinforcing before core -drilling for the two sink's waste and supply lines. There will be two new 5 -panel "Panel -Fold" movable partitions installed to divide two pairs of the new classrooms. A significant amount of cabinet fabrication and installation work will be included, mainly in the classrooms, lobby, and corridor. Most of the new work will match the existing features in Pod "E", allowing some simplification of the construction documents. Finishes will includc carpet and VCT, acoustical cloth wall covering, drywall, magnetic markerboard walls, and other materials. Pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary labor, materials and equipment to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans an( binds himself on acceptance of his proposal to execute a contract and bond, according to the accompanying forms for performing and completing the said work within the time stated and maintaining same as required by the detailed specifications for the following prices, to - wit: Approximate Description of Items with bid prices written in Item # Quantity words Unit Price Total Amount * Furnish and install, including all appurtenant work, complete in place, the following items PIease note: The doors and frames will be reused in the project. All fire system and electric devices will be reused when possiable. Plumbing 1 LS Install two sinks see A1.02 &A1.06 fora sum of : $ $ Dollars and Cents Demolition & debris removal see AL01 far a sum of 2 LS $ S. Dollars and Cents 3 LS X -Ray slab in three locations see AI.02 for a sum of : $ $ Dollars and Cents Dual drinkg fountaion installed see A1.02 for a sum 4 LS of: $ $ Dollars I1wil Remove and install fire fire sprinkler heads see A1.06 5 LS ., for a sum of: S Dollars and Cents Power Demolition & debris removal see A1.0I for a sum of 1 LS $ $. Dollars and Cents GFCI plugs and data outlets stub ups see A1.05 for a 2 LS sure of: $_ Dollars and Cents Light fixture and PA speaker see A1.03 & A1.05 for 3 LS a sum of: $ $_ Dollars and Cents 4 LS For all Conduit see A1.05 for for a sum of : $ $_ Dollars and Cents Floor plugs w/Data stub ups installed see A1.05 for 5 LS for a sum of : $ $- Dollars and Cents Fire alarm strobe device removed and installed see 6 LS A1.05 for for a sum of : $ S_ Dollars and Cents Branch circuitary installed see A1.05 for for a sum 7 LS of: $ $- Dollars and Cents Please note: The doors and frames will be reused in the project. All fire horn and strobe device will be reused when possible. r. I, Millwork 1 LF Casework see A 1.07- A 1.10 for a sum of Dollars and Cents 2 SF Solid surface tops see A 1.07 - A 1.10 for a sum of : $ Dollars and Cents 3 LS Lockers see A1.08 & ALIO for a sum of. $ Dollars and Cents 4 LF Classroom trim see A 1.07 & A 1.10 for a sum of : $ Dollars and Cents 5 LF Trim in Corridor see A 1.07-A 1.10 for a sum of : $ Dollars and Cents Staining & finishing millwork see Al. 06 for 6 LS a sure of: $ Dollars and Cents Doors, Frames & Hardware 6 Doors w/out openers, with glasing see A 1.02 for a I FA sum of: $ Dollars and Cents 2 Set Door hardware see A1.02 fora sum of: $ Dollars and Cents $ $ $ S 3 LS Two movable partition doors see A1.02 for a sv--n of: 4, Ff_� Dollars and :L_ylf) -Cents ci Two movable partition support system see Al. 11 4 LS for a sum of Z7 /V 7k 7 Dollars and < Cents Glass & Glazing I SF Clearstrory glazing see A1.07 for a sum of -Dollars and Cents Mechanical system Remove grilles and duck work in file rm see A 1.01 for I LS a sum of: $_ Install louver in rec..203 see Al. 04 for a sum 2 LS of: $ S 3 LS Building management adjustment for a sum of $ DRYWALL LS Demolition& removal see A1.01 fora sum of. - Dollars and Cents 2 LS Rough carpentry see A]. 02 for a sum of. 3 LS 4 LS and Drywall partitions see A 1.02 for a sum of and Fire rated file rm see A1.02 for a sum of and MM Dollars Cents Dollars Cents Dollars Cents 5 LS Fry reglet reveal work see A1.02 fora sum of : $ $ Dollars and Cents Plastic barrier in lobby, on all return vents and wood 6 LS floors for a sum of : $ $ Dollars and Cents Carpet & Resilient Flooring Demo flooring & debris removal see A 1.01 1 LS for a sum of : $ $ Dollars and Cents 2 SF VCT flooring see A1.02 for a sum of: $ Dollars and Cents 3 SY Carpet see A1.02 for a sum of : $ $ Dollars and Cents Demo flooring in existing corridor see A 1.01 4 LS for a sum of : $ $ Dollars and Cents New flooring in existing corridor see A1.02 5 LS for a sum of : $ $ Dollars and Cents Painting & Wall Covering Tape, Bed & Paint drywall see A 1.02 for a 1 LS sum of: $ $ Dollars and Cents Magnetic marker board C.R. 210 see AI.02 2 SF for a sum of: $ $ Dollars anA Cents MMl '.; LS x ' £CArity system C' aL1^ 1 LS ray' 1 y LS ;pry 4 n POD G Option DRYWALL s z LS 2 LS 3 LS 4 LS 5 LS b LS 7 LS Fabric wrapped Acustical panels see A1.07 for a sum of: Dollars and Cents One security camera see A1.05 for a sum of: $ Dollars and Cents Install one card readers see A 1.05 for a sum of : $- Dollars and _Cents Demolition & removal for a sum of Dollars and Cents Rough carpentry see for a sum of : $ Dollars and Cents Drywall partitions for a sum of : $ Dollars and Cents Install two doors and frames for a sum of: Dollars and Cents Drop down ceiling for a sum of : $ Dollars and Cents Relocated sprinkler heads for a sum of: $ Dollars and Cents Add return and supple vent for a sum of: $ Dollars and Cents MOM' . M' S S a LS Relocated lighting and plug for a sum of and 9 each Data drop for a sum of Dollars Cents Dollars Cents $ $ POD D Option install a 22'X 12' matel stade wall in classroom 103 which would include 5f$ sheetrock on one side and a quiet barrier on the other. The finished side will be paited and a magnetic bound eill be in stalled. Two fire sprhMery head will need to be relacated be six inch. DRYWALL 1 LS Removal book case for a sum of : $ $ Dollars and Cents 2 LS Rougb carpentry for a sum of : $ $ Dollars and Cents 3 LS Paint for a sum of : $ $ Dollars ,and Cents Magnetic marker board C.R 220 see Al.02 4 LS for a sum of. $ $ Dollars and Cents 5 LS Install quit barrier for a sum of Dollars and Cents Addendum Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum. No. 2 Addendum No. 3 The undersigned bidder agrees to commence work within five (5) days after the date of written notice to col•lllllciluc wA. uO to ibstantially complete the work on which he has bid within 60 working days as provided in the general conditions of the agreement. closed with this proposal is a bid bond, proformance board in the amount of the project, two year maintenance bond and a payment bond; which it is agreed shall be collected and retained by the owener as liquidated damages in the event this proposal is accpted by the owener with five (5) days after the date advertised for the receipt of bids and the undersigned fails to execute the contract and the required bonds with the owner, under the conditions hereof, within 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 visited the site and has carefully examined the contract documents relative to the work covered by the above bid - Respectfully Submitted, _ Contractor 13y� Name Printed Title Address: lhl `. Phone #:/'/{ F � , /L/-- - .7 .' / 'i- SP -11 INDEMNIFICATION BY CONTRACTOR own shall not be liable or responsible for, and f shall character, type, held pt deess scription, lading all y Contractor x expom enses of litigation, oustst any and lcosts, and tions, losses, damages, claims, or liability y person or persons or property, ttomey's fees for injury or death to any person, or injury to ar1Y Property, received or sustained by any p P P p ' rising out of, or occasioned by, directly or indirectly, the performance of Contractor +goder this vernmental ement, including claims and immunity available to the Town amages arising in part from the negligence of Town, without; however, waiving any g nder Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemzufication are solely ar the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or ntity. t is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extendedy Jontractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however, that the indemnity )rovided for in this section shall apply only when the negligent act of Town is a contributory cause of the resultant injury, death, or iamage, and shall have no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, mmixed with the legal fault of another person Org entity• claim or litigation contractor further agrees to defend, at its own expense, and on behalf of Town and 1r1 the name of Town, any )rought in connection with any such injury, death, or damage. 1'he Contractor will secure and maintain Contractual Liadbeli'ty� fo�tcsepwn ben this eluding self-insurance. emnification nt that will ln addition, Conttmractar and noncontributory as to any insurance maintained by shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. Company NameContractor Aigat r J Name lease Print) F�( - I r)C C -J i Title BP -17 vIENCE WITHIN FIVE ) DAYS AFTER THE DATE OF WRITTEN THE UNDERSIGNED BIDDER AGREES BSY COIvIPLE E THESWORK ON WHICH HE HAS BID WITHIN 'TICE TO COMMENCE WORK, AND TO SUTA14TIALL 55 WORKING DAYS AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL is A CASHIER'S OR CERTIFIED CHECK FOR 4% GreatestAmount Bid GLLECTED } {$ 4%AB ) DOLLARS, OR A PROPOSAL BOND IN THE SUM OF f DOLLARS, WHICH IT IS AGREED SHALL PROPOSAL IS ACCEPTED BY THE OWNERBWITHIN TEN { 0) DAYS AFTERTHEDATE DAMAGES IN THE EVENT THIS PROND ,ADVERTISED FOR THE RECEPTION OF BIDIS AND ER THE CONDITIONS HEREOF, UNDERSIGNEDHE WIT�HEIN FIVE (� DAYS AFTER THE CONTRACT A THE REQUIRED BOND WITH THE OWNER, SAID PROPOSAL IS ACCEPTED BY THE OWNE R AND RECEIED VED DEM UNDERSIGNED; DERSIGNED; OTHERWISE, SAID CHECK OR BOND SHALL BE RETURNED TO THE 'UND THE UNDERSIGNED HEREBY DECLARES THAT RFHAS VISITED THECOVERED BY THE ABOVE BID. TE AND S CAREFULLY EXAMINED THE CONTRACT DOCUMENTS RELATIVE TO THE WOK RESPECTFULLY SUBMITTED: / rO/L Cl SEAL - IF BIDDER A CORPORATION BY:AJ r' a I' it:W 9 -M M Section 8.3 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the -day of April in the year 2007, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Nled.ernfo{d—D aor �-'SpEc.c• (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: CIVIL CAMPUS EXPANSION CLASSROOM CONVERSION POD F FROM TOWN OF WESTLAKE Article 2. General Contractor The Town General Contractor who is hereinafter called Manhattan Construction Company (MCC) and who is to act as OWNER'S representative, assume all duties and responsibilities and has the rights and authority assigned to MCC 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 five (5) days after the date of written notice to commence work, and to complete the work on which be has bid within 55 calendar days as provided in the General Provisions and Requirements. 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 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 fast day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 6. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the MCC, it be necessary. 7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and MCC 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 MCC 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: 8.1. Bid Proposal consisting of five (6) pages 8.2 Instructions consisting of three (4) pages. 8.3 This Agreement consisting of four (4) pages.. 8.4 Project scope classroom conversion consisting of two (2) pages. 8.5 Construction Plans consisting of twelve (12) sheets. 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. 14.1. No assignment by a parry 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. This agreement will be effective on the Pk day of April, 2007. OWNER: Town of Westlake, Texas By: <' - Trent 4PPetty,T ger ATTEST'Kin SutteSecretary Address for giving notices; 2650 J. T. Ottinger Road Westlake, Texas 76262 CONTRACTOR: E c `Tf�j By: Address for giving notices: a q, --,: � I-4-�S'X-,)c 1-n List name of person to whose attention notices are to be sent: en- e ( I -f claCf T) (If CONTRACTOR is a Corporation, attach evidence of authority to sign. ) BP -22 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Modernfold Door & Specialties of Dallas/Fort Worth Inc. 2952 Bl stone Lane Dallas TX 75220-1504 as Principal, hereinafter called the Principal, and The Guarantee Company of North America USA 101 East Park Boulevard Suite 817 Plano TX 75074 a corporation duly organized under the laws of the State of Michigan as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Westlake as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% )' 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 Civil Campus Expansion Classroom Conversion Pod F NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials 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 20th day of March , 2007 Modernfold Door & Specialties of Dallas/Fort Worth, Inc. (Principal) (Seat) � (Seaf) 04 /J (Title) AIA D0CUMTNT A310 0 RID BOND • AIA * FEBRUARY 1970 F.D. 0 'I' F AMERICAN INSTITU'T'E OF ARCHITECTS, 1735,N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ' THE GUARANTEE COMPANY OF NORTH AMERICA USA ' Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint EdtuardArens, Philip Baker, Steven E. White, Ray Garcia, Jr., Michele Bonnin Technical Assurance, L.L.C. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same bad been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.o3 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given; Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 3is' day of December 2003, of which the following is a true excerpt: ,ZESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed_ IN WTI -NESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized a�rr�A officer, this 22nd day of August, 2oo6. G� THE GUARANTEE COMPANY OF NORTH AMERICA USA AIAEP'� State of Michigan County of Oakland Stephen Dullard, Vice President On this 22nd day of August, 2oo6 before me carne the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America LISA; that the seal affixed to said instrument is the Corporate Sea] of said Company; that the Corporate Seal and his signature were duly affixed by Order of the Board of Directors of said Company. Cynthia A. Takai IN WTFNESS WHEREOF, I have hereunto set my hand at The Guarantee 'Ftftlphs Com an of North America USA offices the day and year above written. Notary Public, State of Michigan County of Oakland _ My Commission Expires Februay 2% 2012r Acting in Oakland County ` 7 I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 20th day of Marc) 2007. Randall Musselr all, Sccictary IMPORTANT NOTICE TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact The Guarantee Company of North America USA at 866-328-0567 to make a complaint or for infon-nation regarding this bond. You may write to The Guarantee Company of North America USA at: Claim Department 25800 Northwestern Highway, Suite 720 Southfield, MI 48075 You may also contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND DOES NOT BECOME A PART OF OR A CONDITION OF THE ATTACHED DOCUMENT. IT IS GIVEN TO COMPLY WITH SECTION 2253.048, GOVERNMENT CODE, AND SECTION 53.202, PROPERTY CODE, EFFECTIVE SEPTEMBER 1, 2001. DATE (MMIDDIYYYY) ACORDCERTIFICATE ..rF LIABILITY INSURANL-: $/7/2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Assurance One of Texas, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ] 1767 Katy Freeway, Suite 930 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. kouston TX 77079INSURERS AFFORDING COVERAGE INSURED INSURER A: Travelers Lloyds Ins co. Modernfold Door & Specialties of Dallas/ INSURER B: Travelers Indemnity Co. Ft. Worth, Inc. INSURER c: Travelers Indemn of CT 2952 Blystone Lane INSURER D: Service LLO ds Dallas TX 75220 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ;SR ADD'LPOLICY EFFECTIVE POLICY EXPIRATION .TRINSRD TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMIDDlYY} A GENERALLIABILITY 16607505AO80 05/01/2006 05/01/2007 X COMMERCIAL GENERAL- �LIABILITY CLAIMS MARE OCCUR � X Contractural Liab. RGEN1 AGGREGATE LIMIT APPLIES PER: POLICY !ECT LOC B AUTOMOBILE LIABILITY CAP4757A695 05/oi/2006 05{01!2007 X ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS X HIRED AUTOS X NDN-OWNEDAUTOS P RAGE LIABILITY ANY AUTO C EXCESSIUMBRELLALIABILITY CUP6646W649 05/01/2005 OS/01/2007 X OCCUR F—I CLAIMS MADE HDEDUCTIBLE X RETENTION $ 10 , 004 ID WORKERS COMPENSATION AND SRV13645 05{02/2006 05/02/2001 EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEPJEXECUTIVE OFFICER/MEMBER EXCLUDED? if yes, describe under SPECIAL PROVISIONS Below - OTHER A Installation Floater 6607505AOBO 05/01/2006 05/01/2007 DESCRIPTION OF OPE RATION SILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Job: Westlake Academy, MFLD Job #2146-1C. CERTIFICATE HOLDER Town of Westlake 2650 JT Ottinger Rd. Westlake, TX 76262 Y PERIOD INDICATED. NOTWITHSTANDING ANY RTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIONS AND CONDITIONS OF SUCH POLICIES. LIMITS EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 PREMISES Eaoccurrence $ MED EXP (Any one person $ 5, 000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY`. AGG $ EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ s S WC STATU- OTH- i TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E, L. DISEASE -POLICY LIMIT $ 1 , 000 , O00 $150,000 Incl Transit CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) @ ACORD CORPORATION 1966 �(,v` INS025 jaioap5 ELECTRONIC LASER FORMS, INC. -{600}327-0545 Page 1 or 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) M 1NS025(oiva).©i Page 2of2