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HomeMy WebLinkAboutRes 06-15 Authorizing the Ability to Reject Bids for Asphalt Parking Lot and Utilities ImprovementTOWN OF WESTLAKE RESOLUTION NO. 06-15 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER THE ABILITY TO REJECT ALL BIDS FOR THE ASPHALT PARKING LOT AND UTILITIES IMPROVEMENT FOR THE TEMPORARY BUILDING AND THE PORTABLE OFFICE BUILDING. WHEREAS, the Court offices were scheduled for renovation in the summer of 2006 due to the Academy expansion for 9th grade; and WHEREAS, the Court staff was scheduled to move in a 28 X 64 portable trailer located on the north side of the pond off of J.T. Ottinger Road; including a 28 space temporary asphalt parking with utility hook-ups originating from the main campus; and WHEREAS, a lease package of 3900 square feet with a $15 square feet build -out cost has been offered to the Town providing a substantial savings for the Court relocation; and WHEREAS, the Mayor and Board of Aldermen of the Town of Westlake, have determined it to be in the best interest of all parties to relocate the Court office off of the main campus and therefore reject all bids for the for the asphalt parking lot and utilities improvement for the temporary building and the portable office building. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: The Board of Aldermen of the Town of Westlake, Texas, hereby authorize the Town Manager to reject all bids received for the asphalt parking lot and utilities improvement for the temporary building and the portable office building, attached as Exhibit A. PASSED AND APPROVED ON THIS 10th DAY OF APRIL 2006. ATTEST: JqAUn Dwinnell, Town Secretary c� Scott Bradley, Mayor Trent O. Petty, Town NWager APPROVED AS TO FORM: ,' , 8 on to - PROPOSAL Date: Z (o 100(� To: The Honorable Mayor Scott Bradley and Board Of Aldermen Town of Westlake 2650 J. T. Ottinger Road Westlake, Texas 76262 Gentlemen: The pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, materials, and equipment to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans and binds himself on acceptance of his proposal to execute a contract and bonds, according to the accompanying forms, for performing and completing the said work within the time stated, and maintaining same as required by the detailed specifications for the following prices, to -wit: BID ITEMS Prices to be written in words. Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 1. 450 L.F- 2" P.V.C. water line, sch. 40 sum of Dollars r and r�,;C1 �N' -j--f cents $ $ per Linear foot. 2.. 1 Ea, 2" Tap on existing water line , for the sum of Iwo Nvmeo Dollars and cents $ZDO $ Z00 per each P-1 Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 3. 450 L.F. 2" P.V.C. electric line, sch. 40 sum of ._Dollars and v -e— cents per linear foot. 725— :153P $ $ M11, 4. 250 LF. 21" HDPE Storm Drain pipe including including relocation of headwall, for the sum of l F SeVcAJ Dollars and !v cents per Linear Foot 5. 3,000 S.Y. 2" Asphalt pavement parking lot, for the sum of dollars � 1 and 5eVCNr cents O $_� u $ Z6 loo per square yard 6. 3,000 S.Y. 6" crushed stone base for the sum of Dollars ()0- ;C and cents $ $ zy000 per square yard 7. 500 S.Y. Excavation, for the sum of Dollars and cents 6G � $ 7L — 4C:> $ MOO — per square yard 0� IternEstimated No. Quantity Item Description Unit Price Total Amount Famish, construct, and install complete in place 8. QM L.S. Stripping and markin�parrkkin lot, for the sum of a� ander cents $ Qo lump sum 9. 1,300 S.F. 2" asphalt sidewalk , for the sum of PC Dollars and r /G err cents per square feet 10. 4 Ea. Wheel stops, for the sum of $1 $Z3yo frl 7 _Dollars and cents $ .d $ 7'DD ' per each 11. 1 L. S. Laborfor 10 X10 Rip -rap, for the sum of S— J)LWOXu Dollars G; D`3 and cents $� $ 700 Per lump sum P-3 Item Estimated No. Quantity Item Description 12. 200 LF Unit Price Total Amount Furnish, construct, and install complete in place Silt Fence for Erosion control, including installation maintenance and post construction removal of erosion control facilities, complete and in place, for the sum of _5'/X _Dollars b `}� and -1 !:�cents Per Linear Foot TOTAL_ AMOUNT BID Receipt is acknowledged of the following addenda: Addendum No. 1 _ Addendum No. 2 Addendum No. 3 ! $_'43_00 00 s (9 7 �//J'� , The undersigned bidder agrees to commence work within Seven (7) days after the date of written notice to commence work, and to complete the work on which he has bid within 30 working days as provided in the General Conditions. Enclosed with this proposal is a cashiers or certified check, or a Bid Bond for $ 5Z (4% of greatest amount bid), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within (30) 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 atter 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, P-4 SEAL - IF BIDDER A CORPORATION Contractor By: + t tsr 'ro c Cl j G --� Named Printed Title: C'(ZeS I p-eej� Address: S'C, Tr �/JE 5-il iv2 -Roar-joke- Phone: Roar-joke-Phone: P-5 SUMMARY OF WORK PART 1 - GENERAL 1.1 DESCRIPTION The work to be performed under this contract consists of furnishing all materials, tools, equipment, labor and incidentals necessary to install a 2" asphaly parking lot with a six inch crushed stone base. The parkering will need all painted marking, flow arrows, handecape, parker spots. A 2" asphaly sidewalk will installed the south east side of the parking lot to the main sidewalk to the campus, A one inch water line will run from a exesting line to the soccer field on the west side of the parking lot. The Contractor shall provide and maintain access at all times for all business locations during the construction as a non -pay item. The Town of Westlake shall not reimburse the Contractor for any water used to perform the work as required in this contract. The Contractor shall review and understand the requirements for solid waste disposal (Section 01518). 1.2. JOB CONDITIONS A. PROJECT LIMITS 1. The Contractor shall confine his operations to the limits of the right-of-way and temporary construction easements furnished by the Town. 2. The Contractor shall use extreme caution when working near adjacent properties so as to minimize the inconvenience to the public caused by the work herein. 3. Any property corner or right-of-way marker removed or destroyed shall be replaced at the Contractor's expense. B. EXPLOSIVES The use of explosives will not be permitted on this project. C. PROPERTY PRESERVATION The Contractor shall be responsible for the preservation and protection of all trees, shrubs, sprinkler systems, fences, mail boxes, and other property owner improvements located within the limits of construction. The destruction or damage of said property owner improvements by the Contractor designated for preservation shall be replaced or repaired at the Contractor's expense. 01010-1 D. TRAFFIC CONTROL The Contractor shall route traffic and barricade all roads as required by the Town of Westlake. The traffic control shall conform to the "Texas Manual on Uniform Traffic Control Devices,' latest edition, and is subject to the approval of the Town Engineer. All barricades, signs and traffic control devices required for the project shall be a non -pay item. 1.3. REFERENCE SPECIFICATIONS A. Town of Westlake — Engineering Standards, latest edition B. North Central Texas Council of Governments — Standard Specifications for Public Works Construction, latest edition C. Texas Department of Transportation — 1993 Standards for Construction of Highways, Street and Bridges, with supplemental special provisions. END OF SECTION 01010-2 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the day of June in the year 2006, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Development (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: ASPHALT PARKING LOT AND UTILITIES IMPROVEMENT FOR TEMPORARY BUILDING The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2650 JT Ottinger Road Article 2. ENGINEER. The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and has the rights and authority assigned to ENGINEER by the OWNER in connection with completion of the Work in accordance with the Contract Documents, Article 3. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within forty-five (45) 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 S. 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 A-1 ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 6. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations. 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the ENGINEER, it be necessary. 7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 7.4. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 7.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. A-2 Article 8. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 Notice to Bidders consisting of one (1) page. 8.2 Instructions to Bidders consisting of three (3) pages. 8.3 Proposal consisting of six (6) pages. 8.4 This Agreement consisting of four (4) pages. 8.5 Performance, Payment and Maintenance Bonds consisting of four (4) pages. 8.6 General Conditions consisting of 26 pages. 8.7 General Requirements consisting of 14 pages. 8.8 Construction Plans consisting of 14 sheets as prepared by Graham Associates, Inc. 8.9 Addenda Nos. 1 and 2. There are no Contract Documents other than those listed above in this Article 8. Article 9. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 10. MISCELLANEOUS. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. A-3 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This agreement will be effective on the day of , 2005. OWNER: CONTRACTOR: Town of Westlake, Texas By: Trent 0. Petty , Town Manager ATTEST: _ Jean Dwinnell, Town Secretary Address forgiving notices: 2650 J. T. Ottinger Road Westlake, Texas 76262 (If OWNER is a public body, attach resolution authorizing execution of Agreement. ) 0 ATTEST: Address for giving notices: List name of person to whose attention notices are to be sent: (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) A-4