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HomeMy WebLinkAboutRes 06-23 Authorizing a Contract with Vector ConceptsTOWN OF WESTLAKE RESOLUTION NO. 06-23 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING A CONTRACT WITH VECTOR CONCEPTS FOR CONSTRUCTION WORK RELATED TO THE PHASE II (TWO) REMODELING/CONVERSION OF POD E 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 Vector Concepts to provide all materials and labor for the carpet and VCT flooring necessary for the classroom conversions of Pod E, as attached Exhibit "A", is sufficient to meet the public need; and WHEREAS, the construction cost of this project is included in the adopted 2005/2006 budget. 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 the entirety. SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves the contract with Vector Concepts relating to the Phase II remodeling/conversion of Pod E 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 81h DAY OF MAY 2006. ATTEST: Scott Bradley, Mayor n D winnell, Town Secretary Trent O. Petty, Town ager APPROVE AS TO FORM: L. ton L wn Attorney Civic Campus Expansion .*►, CLASSROOM CONVERSIONS POD E April 24" 2006 TOWN OF WESTLAKE DON REDDING LARRY SPARROW SCOTT BRADLEY MAYOR BOARD OF ALDERMEN FRED HELD — MAYOR PRO TEM TRENT O. PETTY TOWN MANAGER Town of Westlake 2650 JT Ottinger Rd. Westlake, Tx. 76262 Phone 817-430-0941 Fax 817-430-1812 BUDDY BROWN BILL FREY NOTICE TO BIDDERS Sealed proposals addressed to the Town of Westlake for the construction of: CIVIL CAMPUS EXPANSION FROM TOWN OF WESTLAKE will be received at the Town Hall, Town of Westlake, 2650 J.T. Ottinger Road, Westlake, Texas, 76262 until 10:00 a.m., April, 14th 2006, (C.S.T.). Each bidder shall identify his sealed Proposal by typing on the outside of the envelope: TOWN OF WESTLAKE ATTN: Debbie Piper - Finance Director 2650 J. T. Ottinger Road Westlake, Texas 76262 All responses and requests for clarification/information shall be addressed in writing to the Town Facilities Director at the above address. )r email: tmeyer@westlake-tx.org Respondents may also fax questions/comments to: (817) 430-1812 Attention: Troy J. Meyer A pre-bid conference we be held at 10:00 a.m, Wednesday, March 22nd 2006 in the town council chamber at 2650 J.T. Ottinger Rd. Westlake, Tx. 76262. All prospective bidders are required to have a repersentive from your firm attend this pre-bid conference The Bid Opening will be held on Monday, April 17th at 10:00 A.M. Plans, specifications will be furnished without charge to any general contractor desiring to submit a bid for this project, and will be available on Tuesday, March 21th through Monday, April 12th from gam to 4pm Monday - Friday in person at the Town Hall, 2650 J.T. Ottinger Road, Westlake, Texas 76262. Please see Jaymi Ford room 223 The Town of Westlake reserves the right to reject any or all bids, and to waive any formalities. The Town of Westlake is committed to the ideals of equal opportunity, and strongly encourages participation by HUB/MBE/WBE business enterprises. Bid Proposal ection $.1 V t LTOF- Goll 1✓Iy 75 WESTLAKE SCHOOL CLASSROOM CONVERSIONS BID PROPOSAL General: The original school classroom building (Pod "E") was designed for initial temporary use as Town offices, and as school demand increased, then revert back to classroom use. This indoor project involves removing the remaining Town office areas within three bays of Pod "E" and converts those spaces back to classrooms. And, for school security, close the lobby -end of the central corridor with a fire -egress double -door. The project will involve interior work and includes demolition with protection of existing items, wall and ceiling drywall, some small lay -in ceilings, wood trim work, stained cabinetry, doors and hardware, performance folding partitions, magneticterasable wall panels, carpeting & vinyl flooring, painting & wall coverings, and alarm system. Mechanical -Electrical -Plumbing and Fire Protection systems, and communications/data system wiring, See sheets A1.01 — Al. 10. An add€tional section of the Work will be to provide and install new student's lockers in the main corridor of the basement levet of the Recreation Center, Unit "G". See sheet Al -11. 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 and 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: Item # Approximate Description of Items with bid prices written in 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 Install two sinks see A1.02 &A1,04 for a sum of LS $ Dollars and Cents Power - 1 Demolition & debris removal see A1.01 for a LS sum of: $ Dollars and Cents 2 GFCI plugs and data outlets see At .04 for a EA sum of: Dollar$ and Cents 3 Light fixture and PA speaker see A1.03 for a EA sum of: Dollars and r nt. 4 LS For all Conduit see AL04 for for a sum of Dollars and Cents 5 Telephone & Data stub ups installed see AI.04 EA for for a sum of: $ $ Dollars and Cents 6 Fire alarm strobe device removed and installed EA see AI.04 for for a sum of : $ $ Dollars and Gents 7 Branch circuitary installed see AL04 for for a EA sum of : $ $ Collars._.__ and Cents Please note: The doors and frames will be reused in the project. All fire born and strobe device will be reused when possible_ Millwork 1 LF Casework see A1.05- A1.07 for a sum of : $ $ Collars and Cents 2 SF Solid surface tops see A1.06 for a sum of : $ $ Dollars and Cants 3 FA Lockers see A1.011 for a sum of: $� $ Dollars and Cents 4 LF Classroom trim see Al. 06 for a sum of: $ $ Dollars and Cents 5 LF Trim in Corridor see A1.05 -A1.06 for a sum of: $ $ Dolkars and Cents 6 Staining & finishing millwork see A1.06 LS for a slim of Csollars and Cents Doors, Frames & Hardware 1 F -A 3 boors see A1.02 for a sum of: Dollars and Cents 2 Set Door hardware see A1.02 for a sum of: $ Dollars and Cents 3 Remove & reinstall corridor doors and plan room RA door see A1.02 for a sum of : $ $ —Dollars and Cents 4 Movable partition doors see A1.08 for a L5 sum of Dollars and Cents 5 Movable partition support system see A1.08 LS for a sum of : Dollars and Cents Glass & Glazing 1 EA boor glazing see A1.05 for a sum of _ g Dollars and Cents 2 Clearstrory glazing see A1,05 for a sum SF of —� Dollars and Cents Mechanical system 1 Remove grilles and duck work in file rm see LS A1.01 for a sum of 2 Install louver in C.R.203 see A1.04 for a LS sum of: $ 3 Building management adjustment for a LS sum of: $ V C-G7z)(L Go'jc.CfTr DRYWALL 1: Demolition & removal see A1.01 fora LS sum of: $ $ Dollars and Cents 2 LS Rough carpentry see A1.02 for a sum of: $ $ Dollars and Cents 4 LS Drywall partitions see A1.02 for a sum of: Dollars and Cents 5 LS Condor in fill partition (Temp) see A1.02 for a sum of; $ $ Dollars and Cents C LS Fry reglet reveal work see A1.01 for a sum of: $ $ Dollars and Cents 7 L5 Plastic barrier from flour to ceiling on eastside of corridor for a sum of: $� $ Dollars and Cents Carpet & Resilient Flooring 1 Demo flooring & debris removal see A1.01 LS for a sum of : $ $ Dollars and Cents 2 Q SF VCT flooring see A1.02 for a sum of : $ +. or $ 1 89, 'i0 On+l~ iE•U,,," l✓!6f(- N(NE Dollars and -8` Cents s 21 -] Sy ftTdtPft Carpet see A1.02 for a sum of : $ gOZI3 $ $ 8,00, 0d F-"'Wr7ff44J&P 06#r A"PkO Dollars and Cents ( C?LACC sy oFr &LUC CW&T TI C E5 I AJ hWd Ajo2TP CChfS 4ODAI-Ir wtTX— 79C Aj6W ta1 Ac QC & dj-vm 'r/ (E. V L�r-7v 2 COAIGCfT5 4 Demo flooring in existing corridor see A1.01 LS for a sum of : $ $ Dollars and Cents 5 New flooring in existing corridor see A1.01 LS for a sum of: $ $ Dollars and Cents Painting & Wall Covering 1 Tape. Bed & Paint drywall see A1.02 LS for a sum of : $ $ Dollars and Cents 2 Magnetic marker board see A1.01 for a SF sum of: $ $ Dollars and Cents 3 Support system for movable partition panels see L5 A1.08 for a sum of Dollars and Cents 4 Fabric wrapped Acustical panels see A1.05 for a LS sum of: $ Dollars and Cents Security system 7r` Remove security camera see Al -01 for a sum of LS $ Cents 01 LS install two card readers see A1.08 for a sum of: $ Cents Total Amount Sid Per Trade $ (r- �fvC) Total Amount Bid r Project $ Addendum Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 $ $ 2-116,ev 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. Enclosed 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, der the conditions hereof, within five (5) days after the said proposal is accepted by the owner and received by the undersigned; otherwise, mid 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, V C-Mp— C40+-JCCfTS Contractor Sy: cam--- Ct mev-o'v t+ s e—L Name Printed r, e ,&.. +`'1AWA... ejA.— Address: 73vt PQM-Cview+ Or cvas f+ -2a3 FLr2.7" cz Phone "A X335 -93f 3 —�1'ti)r 417124caff pts The Force In Floorcovering Ideas 2501 Parkview Drive . Suite 203 . Ft Worth, Texas 76102 Phone (817) 339-9313 . Fax (817) 339-9343 Bill To Attention: TROY MEYER Proposal Manager: CAMERON HISEL r t" Estimator: 26310 Admin: Date: 4/13/2006 Time: 4:08 PM Plan Date: Revision #: Bid Due Date 4/13/2006 Project Addendums Read: TOWN OF WESTLAKE 2650 OTTINGER ROAD WESTLAKE, TX 76262 TROY MEYER BLUE Phone: (817) 490 -5735 - SY Cell: Phone: Pager: Cell: Fax: (817) 430 -1812 - Pager: BASE BID Line No. 1 2 3 4 5 6 7 CLASSROOM CONVERSIONS POD "E" WESTLAKE SCHOOL Mfg. 2650 OTTINGER ROAD BLUE WESTLAKE, TX 76262 SY Phone: Phone: Cell; Cell: Pager: Pager: Fax: Fax: Color Name Quantity UDM ,'olor Number CPT -1 BROWN - Mfg. SHAW COMMERCIAL CARPETS BROWN 106.60 SY Style PAPARAZZI 24" X 24" TILE 59320 EW -24 CPT -2 BLUE - Mfg. LEES COMMERCIAL CARPETS BLUE 111.93 SY Style CUSTOM CARPET TILE - 2X 2W/ICT BACKING ADHESIVE - Mfg. TBD TBD 3.00 EA Style TBD EVERSEAL- Mfg. LEES COMMERCIAL CARPETS 4 GAL 2.00 EA Style �EVERSEAL PREP FOR PRESSURE SENSITIVE NIA CPT LABOR - Mfg. VECTOR CONCEPTS, INC LABOR 200.00 SY Style LABOR LABOR VCT LABOR - Mfg. VECTOR CONCEPTS, INC LABOR 180.00 SF Style ILABOR LABOR TRANSITIONS - Mfg. JOHNSONITEO CHARCOAL 1.001 EA Style ADAPTJRANS - CE -XX -A CARPET TO TILE CE -20-A TOTAL THIS OPTION: $8,989.00 4/13/2006 26310 Page I of 2 CLASSROOM CONVERSIONS POD "E" TOWN OF WESTLAKE OPTION TO SWITCH OUT BLUE CARPET IN 2 NORTH CLASSROOMS Line Color Name Quantity No. Color Number -2 BLUE - COMMERCIAL CARPETS BLUE 58. OM CARPET TILE - 2 X 2 W/ ICT BACKING 2 (DEMO BLUE CARPET TILES - Mfg. VECTOR CONCEPTS, INC LABOR 1.00 Style LABOR LABOR Proposal ![ l/l4;l SY EA TOTAL THIS OPTION: $2,196.00 Upon credit approval, Vector Concepts, Inc. will furnish, deliver, and install the above material in accordance with all transmitted plans, specifications and general conditions for the listed price. The price includes all applicable freight and taxes, unless otherwise noted. Job site is to be broom swept and ready for floor coverings. Other trades' materials and trash is to be removed. Unless specifically included in this proposal: excludes all demolition, repair or take-up of existing flooring; excludes vacuuming, damp mopping, buffing, waxing or floor protection; excludes floor floating, leveling or repair; excludes sealing of floor, cleaning or removal of oil, grease, solvents, paints, plaster or other foreign substances; excludes asbestos control/abatement; includes no attic stock of material beyond installation coverage; includes work only during regular hours and for a single phase job; excludes any furniture movement; excludes any addenda beyond the base bid; Per CRI -104-96, 6.3 site conditions: The owner or general contractor must submit to the flooring contractor a written report on moisture and surface alkalinity of the slab to determine its suitability as a substrate for the material to be installed. Floor preparation will be billed on a time and material basis at $50.00 per man-hour plus the cost of the materials. Client is subject to payment for stored materials. Vector Concepts, Inc. will not accept charge backs of damage or cleaning without the option to inspect claim(s) to repair or without the option to make arrangements for acceptable repairs at their expense. Vector Concepts, Inc. is not responsible for any claims that might result from product delivery date changes beyond their control. If a manufacturer requires a deposit to manufacture/ship certain items, client will pay that amount. This proposal is valid for forty-five (45) days. Full payment is due ten (10) days from receipt of invoice unless otherwise Vector Concepts, Inc. - Fort Worth Signed: �—�— L,- CAMERON HISEL TOWN OF WESTLAKE Signed: Proposed Installation Start Date: 411312006 26310 Page 2 of 2 Section 8.2 WORK TO BE DONE INSTRUCTIONS The work to be done as covered by these contracts and specifications consists of the furnishing of all labor, materials, equipment, and incidentals for the remodel initial temporary use as Town offices, and as school demand increased, then revert back to classroom use. This indoor project involves removing the remaining Town office areas within two bays of Pod "E" and converts those spaces back to classrooms. And, for school security, close the lobby -end of the central corridor with a fire -egress double -door. The project will involve interior work and includes demolition with protection of existing items, wall and ceiling drywall, some small lay -in ceilings, wood trim work, stained cabinetry, doors and hardware, performance folding partitions, magnetic/erasable wall panels, carpeting & vinyl flooring, painting & wall coverings, and alarm system. Mechanical -Electrical -Plumbing and Fire Protection systems, and communications/data system wiring, See sheets A1.01—A1.10. An additional section of the Work will be to provide and install new student's lockers in the main corridor of the basement level of the Recreation Center, Unit "G". See sheet Al. 11. 2. PREPARATION AND SUBMISSION OF PROPOSAL In the bid proposal, the bidder shall fill in the blanks for the "Unit Price" and the "Total Amount." 3. INTERPRETATION OF QUOTED PRICES In case of difference between the written words and any figure in a proposal, the amount stated in writing will be considered as the bid. The contract method will be unit pricing based on actual quantities of work installed. 4. DISCREPANCIES IN BIDS In case of lack of clearness of a proposal, the owner will adopt the most advantageous construction thereof or reject the bid. 5. UNBALANCED BIDS Unreasonable or unbalanced unit prices will be cause for rejection of any bids. 6. INTERPRETATION OF SPECIFICATIONS Any questions as to the meaning of any specifications will be answered by addendum which will be sent to all who have been furnished with contract documents and plans. 7. LOCAL LABOR The Contractor, in so far as is practicable, will be expected to give preference to employment of local citizens. MATERIALS FURNISHED BY CONTRACTOR The Contractor shall furnish all materials, regardless of their nature except as rioted in the special provisions and/or plans. 9. MANUFACTURERS CERTIFICATE The Contractor shall furnish, if the owner so requests, a certificate from each of the manufacturers whose materials are used on this project stating that the materials and supplies fulfill or exceed the requirements set out in these specifications. 10. AFFIDAVIT OF BILLS PAID Prior to final acceptance of this project by the owner, the contractor shall execute an affidavit that all bills for labor, material, rental, subcontractor's work and any other incidentals have been paid in fall and there are no claims pending of which he has been notified. 11. PLANS TO CONTRACTOR The contractor will be furnished with one (1) sets of plans. Should he desire more than one (1) sets, he may buy them for $25.00 per complete set. 12, LABOR CLASSIFICATION AND MINIMUM WAGE SCALE Attention is called to the fact that a minimum scale of wages to be paid to employees engaged in the work under this contract does not release the contractor from compliance with any state wage law that may be applicable. The contractor shall abide by the wage and hour laws of the state and must not pay less than the rates prescribed. 13. TIME ALLOWED FOR CONSTRUCTION The contractor shall commence work in not more than 5 calendar days after the work order has been issued and shall be substantially complete within forty five (45) working days of issuance of the work order. Work on the project shall start on June 5t', 2006 and must be completed on later than August 4"', 2006. Liquidated damages shall be charged in the amount of $200.00 per day for not completing the work within the allotted time. The days charged shall begin at the earlier of the date the contractor proceeds with construction or 5 calendar days after the work order has been issued by the Town of Westlake. The Contractor shall submit in writing to the Town any request for additional time due to weather delays. Contractor will meet with the town responsive weekly to update their progress of the project. 14. SPECIAL INFORMATION - SALES TAX The owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor shall comply with all statutes and rulings of the State Comptroller. On unit price contracts, a final change order will be required to make final adjustment to reflect actual costs for sales tax data. 15. INSURANCE The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Type of Insurance 1. Workerman's Compensation 2. Commercial General Liability (Public) Products Comp/Ops Agg. $1,000,000 Amount As set forth in the Worker's Compensation Act. Each Occurrence $500,000 General Aggregate $1,000,000 The Town of Westlake and Manhattam Construction Company shall be named as an additional insured on the Commercial General Liability (Public) Insurance Policy furnished by the Contractor. Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non -renewal or any material change in coverage, a notice thereof shall be given by certified mail to the Town of Westlake, 2650 J. T. Ottinger Road, Westlake, Texas 76262. Companies issuing the insurance policies shall have no recourse against the Town for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. Certificate of proof that the insurance is in force shall be furnished to the Town_ The coverage's provided herein shall be primary and noncontributory with any other insurance maintained by the Town of Westlake, Texas, for its benefit, including self insurance. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the Town of Westlake, the Contractor shall flim sh the Town proof of identical continued coverage no later than ten (10) days prior to the expiration date shown on the Certificate of Insurance. The Contractor shall not commence work on any Contract in the Town of Westlake until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the Town. 16. Contractor's most have a Per -bid bond and provide certification. IDDERS INSTRUCTIONS (Must be signed by the Contractor) ATTENTION TO ALL BIDDERS: The Town of Westlake wishes to thank you in advance for bidding on this project. Please be aware of the following requirements for bidding Town of Westlake work. It is important that you read and understand these qualification factors in order to achieve a rapid and smooth completion of the process. All pertinent documents required by law and these instructions must be correctly completed. A successful completion of them, will not only benefit the Town of Westlake, but also you as the contractor, because among other things, the money reserved for the project will be ready to be used in your project and prompt scheduled payment may be made without any fiuther delays. If you are unable to comply with formal requirements or fail to exercise due diligence in completing the required contract forms, the contract may be awarded to the next lowest bidder for the reason time is of the essence in these projects. BASIC FORMS REQUIRED BY THE TOWN OF WESTLAKE THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND IT'S INSURANCE COMPANY 1. Proposal (to be completed by the contractor) 2. Standard Form of Agreement (to be completed by the contractor) 3. Corporate Acknowledgment; or Single Acknowledgment; or Partnership Acknowledgment NOTE: Which ever is applicable to the contractor, just one must be completed, and shall be notarized. 4. Bonds: Pre-bid Bond; Payment Bond and Maintenance Bond b. Power of Attorney or Certificate of Authority of Attorney(s) In -Fact (issued by the surety's company) 7. Town of Westlake Certificate of Insurance form (to be completed by the insurance company) 8. Indemnification by the Contractor (to be completed by the contractor) REMINDER: (a) All signatures must be originals. (b) Make sure the appropriate forms have been correctly notarized. Section 8.3 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the e!� day of May in the year 2006, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Vector Concepts. (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 from Classroom Conversions Pod E 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 45 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 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 famishing 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 S. 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 (fi) 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 fourteen (10) 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. 16.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other parry hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed three copies of the Agreement. Three counterparts have been delivered to OWNER, and one counterpart each has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR on their behalf. This agreement will be effective on the day of May, 2006. OWNER: Town of Westlake, Texas By: Trent Petty, T M ger ATTES of Jean Dwi 11, Town Secretary CONTRACTOR: r" sr x.11 Address for giving notices: Address for giving notices: 2650 J. T. Ottinger Road 2>6- � Fee Westlake, Texas 76262 J List name of person to whose attention notices are to be sent: �-ir:56/ (If CONTRACTOR is a Corporation, attach evidence of authority to sign. ) Section 8.4 PROJECT SCOPE WESTLAKE SCHOOL CLASSROOM CONVERSIONS POD E General: The original school classroom building (Pod "E") was designed for initial temporary use as Town offices, and as school demand increased, then revert back to classroom use. This indoor project involves removing the remaining Town office areas within three bays of Pod "E" and converts those spaces back to classrooms, And, for school security, close the lobby -end of the central corridor with a fire -egress double - door. The project will involve interior work and includes demolition with protection of existing items, wall and ceiling drywall, some small lay -in ceilings, wood trim work, stained cabinetry, doors and hardware, performance folding partitions, magnetic/erasable wall panels, carpeting & vinyl flooring, painting & wall coverings, and alarm system. Mechanical -Electrical -Plumbing and Fire Protection systems, and communications/data system wiring, See sheets A1.01 — Al. 10. An additional section of the Work will be to provide and install new student's lockers in the main corridor of the basement level of the Recreation Center, Unit "G". See sheet Al. 11. Timetable: The Town intends to conduct the bidding process in March, aiming towards a late spring construction- early summer construction start-up, to be fmished before the August 4`' 2006 semester. The Town's Project Manager and primary contact will be Mr. Troy Meyer at 817-490-5735. Specific: 1. Due to close proximity of other town daily operations, work on this project by the contractor will be closely coordinated with the town's Project Manager ("PM") (see above). Every effort will be made to minimize interference with normal daily operations. Contractor's working hours and noise -making work will be coordinated with the PM. 2. Contractor will utilize heavy-duty work separation draping or hard barriers between his work and public or school areas, and will coordinate cutting off or blocking air distribution systems to avoid dust problems. 3. Contractor will coordinate his lay -down area, parking, and access areas with the PM before starting work. 4. The intent of this design is to match the new classroom finishes, colors, and textures with the other classrooms, especially classroom 4202, the most recent conversion. Although A/1.08 identifies finish materials, colors, textures, etc., it is the responsibility of the Contractor to work with the PM to obtain matching finishes, colors, textures before placing those orders. Some changes may be necessary due to manufacturer's situations, but only upon the PM's approval. Therefore, the PM's selections will govern over the stated finishes. 5. The original MEP design assumed an eventual change back to classroom use. This project should involve only minor capping, minimal re -ducting, thermostat relocations, etc. The electrical and plumbing will be the same situation — only minor changes are anticipated. Virtually all the systems will require some amount of changing, whether or not mentioned in this document. 6. Certain finishes or materials may require longer ordering lead-time; if so, contractor shall obtain samples in time for selection and ordering, 7. Contractor's Insurance Certificate stating Iimits will be furnished to the PM upon verbal notification of their selection, pending insurance coverage limits, etc. Contractor to discuss Builder's Risk insurance requirements if any, with PM. 8. There is NO Smoking on school grounds. 9. Contractor will meet with the town responsive weekly to update their progress of the project. 10. Contractor's most be bonded and provide certification. 11. Work on this project must be completed no later than August 4", 2006. EXPERIENCE RECORD List of projects bidder has successfully completed: Amount of Contract Award Type of Work Date Name and Address Accepted of Owner t��'cmate° :Z 74 VAY 1 � 25V,f ► �q t' rpt �. ,°� /Z.3 A r' 1 -0 -We Y List of projects bidder is now engaged in completing: Amount of Contract Award Type of Work Date Name and Address Accepted of Owner Ym/ � ! �,�. � �, 8�� /e -e- K cam, �A Jlr p � M.3 t r_, am A tR'AT r ?,c t fx List of Surety Bonds in force on the above uncompleted work: Amount of Contract Award IM Acknowledgment on next page must be filled in. Amount of Name of Surety Bond Company 4P -47 EXPERIENCE RECORD CONTINUED a partner Submitted by: an individual a corporation with principal office at '3�o Are'g -rfla". r /7 cl ry r '' 7- '( 75-,o 'c / TO BE FILLED IN BY CORPORATION Date Incorporated Under the Laws of K 0 3 (State) Executive Officer -r,' &I 4/,q -t h I -t ) &'rg State of 7- e. X a. 1 TO BE FILLED IN BY PARTNERSHIPS: Date Formed State whether partnership is general limited or associated. List of Members: County of 'T a r r Pt v% + being duly sworn, deposes and says that he is the w 0,14% e -sin, M a" of V e e, !Y efp-q C e Y45 _ �! (Title) (Name of Organization) and that the answers to the foregoing questions on the attached forms and all statements herein are true and correct; that the experience record is made a part of this affidavit as through written in full herein, and all statements and answers to questions given in the above mentioned experience record are true and correct. 004-4-1 zz-'� (Signature) Sworn to before me this day of ei.1 20.3.,, . \� 6 Notary Public My Commission Expires:- 1 ' Cit, G O (Seal) [*At�;iy .**► General Provisions CLEAN-UP DESCRIPTION 1. The Contractor shall perform such clean-up work as is deemed necessary by the town. 2. The work shall at all time present a neat and orderly appearance and all cleaning up shall be completed and all construction machinery and equipment, surplus materials. 3. The Contractor is require by the town ordinance to use Allied Waste for all waste disposal containers use on the project. SOLID WASTE DISPOSAL DESCRIPTION 1. The Contractor shall dispose of all refuse at a Texas Department of Health (TDH) approved landfill. 2. A list of all landfills having a TDH pennit is available at the Arlington Office of TDH. The North Central Texas Council of Governments (NCTCOG) has prepared, for sale, a list of all landfills in the NCTCOG region. The D/FW landfill is listed in the telephone book "Yellow Pages". 3. Alternately, the Contractor may arrange with a Commercial waste firrn to simply supply a roll -off bin for disposal purposes. Several private regional landfills are available in the NCTCOG area. The contractor shall determine which method best fits the project requirements.