HomeMy WebLinkAboutRes 06-25 Authorizing a Contract with AEC Phase II Westlake AcademyTOWN OF WESTLAKE
RESOLUTION NO. 06-25
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING A CONTRACT WITH AEC, INC., FOR CONSTRUCTION
WORK RELATED TO THE PHASE H (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 AEC, Inc., to provide
all labor and materials for the wall coverings 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 has been 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 its entirety.
SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves
the contract with AEC, Inc. 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 contract on behalf of the Town of Westlake, Texas.
PASSED AND APPROVED ON TRIS 8" DAY OF MAY 2006.
TTEST:
Scott Bradley, Mayor
Dwinnell, Town Secrel:ary Trent O. Petty, Town ager
APPROVED AS TO FORM:
6�a on T Attorney
EXHIBIT A
Civic Campus Expansion
FROM
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 , 14'" 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.
Or 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 21" through Monday, April 12'h 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 HUBIMBE/WBE business enterprises.
Bid Proposal
-ection 8.1
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
communlcationsldata 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 A1.11.
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 #,l Approximate Description of Items with bid prices written in Unit Price Total Amount
Quantity words
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
1
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 A1.04 for a
EA
sum of: $
$
Dollars
and Cents
3
Light fixture and PA speaker see A1.03 for a
EA
sum of: $
$
Dollars
and Cents
4
LS
For all Conduit see AI.04 for for a sum of: $
$
and Gents
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 Cents
7
Branch circuitary installed see Al -04 for for a
EA
sum 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.
Millwork
1
LF
Casework see A1.05- A1.07 for a sum of: $
$
Dollars
and Cents
2
Solid surface tops see A1.06 for a sum
SF
of : $
$
Dollars
and Cents
3
EA Lockers see A1.011 for a sum of : $ $
Dollars
and Cents
4
LF Classroom trim see A1.06 for a sum of : $ $
Dollars
and Cents
5
LF Trim in Corridor see A1.05 -A1.06 for a sum of: $ $
Dollars
and Cents
6 Staining & finishing millwork see A1.06
LS for a sum of: $ $
Dollars
and Cents
Doors, frames & Hardware
1
EA 3 Doors 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
EA
door see A1.02 for a sum of : $
$
Dollars
and Cents
4
Movable partition doors see A1.08 for a
LS
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
Door glazing see A1.05 for a sum of
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 : $
$
DRYWALL
LS for a sum of
1
Demolition & removal see A1.01 for a
2
SF VCT flooring see A1.02 for a sum of : $
LS
sum of:
and Cents
Dollars
$
Dollars
and Cents
2
LS
Rough carpentry see A1.02 fora sum of: $
Dollars
and Cents
4
LS
Drywall partitions see A1.02 for a sum of: $
Dollars
and Cents
5
Corridor in till partition (Temp) see A1.02
LS
for a sum of: $
Dollars
and Cents
0
Fry reglet reveal work see A1.01 for a
LS
sum of:
$
Dollars
and Cents
7
Plastic barrier from floor to ceiling on eastside of
LS
corridor for a sum of: $
$
Dollars
ri Cents
Carpet & Resilient Flooring
1 Demo flooring & debris removal see A1.01
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
4
LS
5
LS
Painting & Wall Covering
1
LS
2
SF
3
LS
Demo flooring in existing corridor see A1.01
for a sum of :
$
Dollars
and
Cents
New flooring in existing corridor see A1.01
for a sum of :
S
Dollars
and
Cents
Tape, Sed & Paint drywall see A1.02
for a sum of :
$
Dollars
and
Cents
Magnetic marker board see A1.01
for a
SUM of
Dollars
and
Cents
Support system for movable partition panels see
A1.08 for a sum of:
$
Dollars
and
Cents
4 Fabric wrapped Acustical panels see A1.05 for a $
LS sum of
°t" Dollars
and Cents
$
$
$
Security system
Remove security camera see A1.01 for a sum of
LS $
Dollars
and Cents
LS Install two card readers see A1.08 for a sum of : $ $
Dollars
and Cents
Total Amount Bid Per Trade $ $
Total Amount Bid for Project $ $
Addendum
Receipt is acknowledged of the following addenda:
Addendum No. 1 Il f'
Addendum No. 2 A//A
Addendum No. 3
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 generale 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 acepted 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,
ander the conditions hereof, within five (5) days after the said proposal is accepted by the owner and received by the undersigned; otherwise,
id check or bond shall be returned to the undersigned upon demand.
fhe 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,
/ EE We- c� �7C{ • �ila�cc�rt 1-��'°t�c� vrvl�.�46t 1�u4��r �f�1
Contractor '
By: P)
Name Printed
Title t
V
Address:
Ai—Svir-C /60
%eco.
Phone #:
April 13, 2006
AEC, INC.
Architectural and Industrial Noise Control Products & Services
Debbie Piper — Finance Director
Town of Westlake
2650 J.T. Ottinger Rd.
Westlake, Texas 76262
RE: WESTLAKE POD E RENOVATION FABRIC WRAPPED PANELS
AEC #Q6-00-082
Thank you for contacting us for the remodel of the Westlake HS Pod E fabric wrapped (tackable)
wall panels. Our bid is based on the drawings and details by Gideon Toal Architects. This bid is
valid for 60 days and to all term and conditions stipulated within.
SCOPE
Our bid is for materials and installation of AEC Tackable Fabric Wall System.
• System to use 9116" square edge perimeter and midwall track
• Core material will be 1/2" thick tackable Micore
• All fabrics to be Guilford FR701
• Renovation to be in three (3) areas: CR 200, 201, and 203 only
All utility penetrations and electrical outlets shall be extended by others to accept the fabric wall
system. Electrical and most communications panels can be extended using wiremold extension
boxes. Our bid is based on attaching material directly to drywall. Additional charges will be
applied if the substrate is other than drywall.
Our work is based on working in a continuous manner free from debris from other trades. Our
labor is based on working normal hours from 7:00 am to 4:00 PM. No overtime labor is included in
this proposal.
BASE BID, including bid bond.
Sales tax is excluded from this bid
$19,500.00
Terms: We will require a 25% deposit to order materials and hold an installation date. Due upon
receipt. Balance of installation will be invoiced upon completion. Terms: Net 30. Please advise of
installation schedule as soon as possible.
We are aware of your installation schedule and will need to know the color fabric to order as soon
as possible.
3360 Wiley Post Road • Suite 150 • Carrollton, Texas 75006 • 972.488.1066 • Fax 972.488.0554
www.aeccorp.com
We look forward to working with you on this project. Please don't hesitate to call us if you have
any questions.
Sincerely,
AEC, Inc.
Lori Longo Jay Williams
Vice President Sr. Estimator
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 A 1.01 — 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 A1.11.
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.
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.
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 noted 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 full and there are no claims pending of which he has been notified.
11. PLANS TO CONTRACTOR
The contractor will be furnished with one (1) 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 5"', 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 furnish 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 further delays. If you are unable to comply with formal
requirements or fail to exercise due diligence in completing the required contract forms, the contract may
be awarded to the next lowest bidder for the reason 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
6. Power of Attorney or Certificate of Authority of Attorney(s) In -Fact (issued by the surety's
company)
7. Town of Westlake Certificate of Insurance form (to be completed by the insurance company)
8. Indemnification by the Contractor (to be completed by the contractor)
REMINDER:
(a) All signatures must be originals.
(b) Make sure the appropriate forms have been correctly notarized.
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 45
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:
' c r%
1
��X-40
r r
SEAL - IF BIDDER A CORPORATION
INDEMNIFICATION BY CONTRACTOR
Town shall not be liable or responsible for, and shall be saved and held
harmless by Contractor from and against any and all suits, actions, losses,
damages, claims, or liability of any character, type, or description,
including all expenses of litigation, court costs, and attorney's fees for
injury or death to any person, or injury to any property, received or
sustained by any person or persons or property, arising out of, or
occasioned by, directly or indirectly, the performance of Contractor under
this agreement, including claims and damages arising in part from the
negligence of Town, without; however, waiving any governmental
immunity available to the Town under Texas law and without waiving any
defenses of the parties under Texas law. The provisions of this
indemnification are solely for the benefit of the parties hereto and not
intended to create or grant any rights, contractual or otherwise, to any
other person or entity.
It is the expressed intent of the parties to this Agreement that the indemnity
provided for in this section is an indemnity extended by Contractor to
indemnify and protect Town from the consequences of Town's own
negligence, provided, however, that the indemnity provided for in this
section shall apply only when the negligent act of Town is a contributory
cause of the resultant injury, death, or damage, and shall have no
application when the negligent act of Town is the sole cause of the
resultant injury, death, or damage, unmixed with the legal fault of another
person or entity.
Contractor further agrees to defend, at its own expense, and on behalf of
Town and in the name of Town, any claim or litigation brought in
connection with any such injury, death, or damage.
The Contractor will secure and maintain Contractual Liability insurance to cover this
indemnification agreement that will be primary and noncontributory as to any insurance
maintained by the Town for its own benefit, including self-insurance. In addition,
Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance
evidencing the required coverage.
C� C.1 Zit Jig- .
Company Name (Contractor)
Signature
.La Lkfi[A) e Lo fU 6,t�)
Name (Please Print)
V IC 5 mar
Title
Section 8.3 AGREEMENT
BETWEEN TOWN AND CONTRACT( /' r
THIS AGREEMENT is dated as of the !day of May in the year 2006, by
Westlake, Texas (hereinafter called OWNER) and AEC Inc. (hereinafter called C{
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
Proj ect.
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
properly (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 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.
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.
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.
CONTRACTOR:
Town of Westlake, Texas .4, �.
v�By; 13y: �.
Trent Petty, To ager
ATTE
Jean D ' e11, Town Secretary
Address for giving notices: Address for giving notices:
2650 J. T. Ottinger Road -53&c) 40th
Westlake, Texas 76262 Gt-ry A.) (-x �5oo &
List name of person to whose attention
notices are to be sent:
j I jq C140k„ OIL Z-vAt Liv` wd
(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—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 A1.11.
Timetable: The Town intends to conduct the bidding process in March, aiming towards a late spring
construction- early summer construction start-up, to be finished before the August e 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 #202, 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 limits 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.
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 permit is available at the Arlington Office of
TDH. The North Central Texas Council of Governments (NCTCOG) has
prepared, for sale, a list of all landfills in the NCTCOG region. The D/FW
landfill is listed in the telephone book "Yellow Pages".
3. Alternately, the Contractor may arrange with a Commercial waste firm to
simply supply a roll -off bin for disposal purposes. Several private regional
landfills are available in the NCTCOG area. The contractor shall determine
which method best fits the project requirements.
EXPERIENCE RECORD
List of projects bidder has successfully completed:
Amount of
Contract Award Type of Work
Date Name and Address
Accepted of Owner
till
Ic e
raa,A.7 CIF L TL ,IW
Lt��TLAILE h'S R��(lsh�b
List of projects bidder is now engaged in completing:
Amount of
Contract Award Type of Work
Date Name and Address
Accepted of Owner
4
r f � � � S r�2 tC 11.05.0
Y '�
d 2_q,8 2-Z n-r—� 5rteTF-44
List of Surety Bonds in force on the above uncompleted work:
Amount of
Contract Award
-- AV4
Amount of
Bond
Acknowledgment on next page must be filled in.
�eUL&cJA3�
Tla F-. 4444 Z -o
i W,,,as
,foo e {Ardasr
Name of Surety
Company
/tr/`4
EXPERIENCE RECORD CONTINUED
a partner
Submitted by: 19 CU, ed E -d a Jo-vrw�� � an individual
with principal office at ;�3f�D C r�t��l'�vitIS`o ���3 e+eocca`�IJ , fit, 70 (c
TO BE FILLED IN BY CORPORATION
Date Incorporated J9"? f
Under the Laws of 1t --X 64:!�-
(State)
Executive Officer
75 A 01-0 fa LE Pr�hr���a
°ice ''Vk G-W"OA) - vEC-� �des�iJ i
State of T�
TO BE FILLED IN BY PARTNERSHIPS:
Date Formed
State whether partnership is
general limited or associated.
List of Members:
County of VO4-mss she -
being duly sworn, deposes and says tha� is
the of �. /AuG
(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.
Sworn to before me this
20 /'
My Commission Expires:
(Seal)
SARAH JO BYRD
Notary Public, State of Texas
MY Commission Expires
August 30, 2009
1
(Signature) V
day of 4 6
Notary Public
Contractor's Certification of
Workers' Compensatio'n
P,bzt?��aci Hurst
I,
an autharized
Mullis Newby Hurst, LP
representative of do certify
(insurance company)
that the workers' compensation policy, of the Ensured
Advanced Environmental Concepts on the °Certlf[cate of lrtsurancs"
(contractor's company)
meets all current Texas state laws and requirements.
BY, dace 16600 DaI146Parkway . #300
1 L
Dallas, TX 75248
Title: . P 'tn 'x -f a r,:... —Date: April 13, 2006_
On this 13th day of April 2006 personalty appeared
ger =rrj:1.Hurst
art authorized representative of
u a s aw y nzs _ known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that
heishe executed the same for the purpose of cartifying that the Insured Is covered by
workers' compensation in accordance with current Texas state laws.
aommisslon expires:
�a• -7,G.r it112
l
Notary Public 1 rid For the State of Texas
A..Y:Vs
LKys Uorl ::.�1';.)'{a'•4i7��i
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(CERTIFICATE OF INSURANCE ISSUE DATE IMM1uDlYYp 1
certificate � 50416 590 0allaras
BO(VDS A(�D .l1�SU RANCE
16600 t)a]Ias,i'o-,=kway,.n:5uize 300Dallaar.Texag 75.246
` '�72'.20I.DL00: + www.mnhine.cam .Fax 972.201.fl1ZS
INSURED
Advanced Environmental Concepts, Iris,
3360 Wiley Past Road, Suite 150
Carrollton, TX 75006
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_
COMPANIES AFFORDING COVERAGE
COMPANY
LE�i'Iert A Amerisure Insurance Company
COMPANY
I .FTTER
COMPANY C
LETTER
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LETTER
COMPANY
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THIS IS TO CErO-IFY TrIAT THE POLICIES OF INSURANCE Ll$TP-0 ?FLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PCRIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 71$18
CERTIFICATE MAY BE 15S1,1E1) Oft MAY PERTAIN. THE INSURANCF A?;:rOSGED BY THE POLICIES DESCMBEO HrREIN IS SUBJECT TO ALL THE TF..AMS,
rxr,I USIONs AND CONDITIONS OF SUCH POLTCIES, LIMITS SHOWN MAY HAVE BCEN REDUCED BY PAID CLAIMS.
CO
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TYPE OF INSURANCE
POLICY 14UMBPR
POLICY SFFFcTIYE
DATE WOO
POLICY EXPIRATION
DATE iMM1CDlYYI
LIMITS
GENERAL LIABILITY
COMMERCIAL C1ENERAL DAdILr I Y
CLAIMS MADE ®OCCUR
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DISEASC-CACI I EMPLOYFF
OTHER
O55CRIP7ION OF OPERATIONSILOCATIONSJVEHICLVSISPECIAi. ITEMS Re: Operations of insured
Tho Town of Wastlakc and Manhattan Construction Company are included as addltlonal insureds on all policios excluding Workera' Cempensaiign
as required by canirset. Insurance is primary and non-contributory with regards to similar insurance of the additional insureds.
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE :DESCRIBED POLICIES BE CANCELLED BEFORE THE
Town of Westlake EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
2650 J. T. Ottinger Road MAIL 30)AYS WRITTEN NOTICE TO'rHE CERTIFICATE HCLDER NAMED TO THE
Westlake, TX 76252 I.i=FT, 6UT FAILURE TO MAIL SUCH NOTICE SHILL. IMPOSE NO OBt,IGATION OR
LIABILITY OF ANY KIND UFGN THE COMPANY, ITS AGENTS CH REPRESENTATIVES.
AUTHORIZED REdsRESENrnnve &�
WASHINGTON
INTERNATIONAL INSURANCE COMPANY
1200 Arlington Heights Road, Suite 400
Itasca, IL 60143-2625'
NIA
KNOW ALL BY THESE PRESENTS that AEC, Inc 3360 Wiley Post Road, Suite 150
Carrollton,„ TX 75005 as Principal,
and WASHINGTON NTERNATIONAL INSURANCE COMPANY, an Arizona corporation, as Surety, are held and
firmly bound unto the Town of Westlake, 2650 J.T. Ottinger Rd., Westlake, TX 76262
as Obligee, in the sum of
Two and one half Percent of the Greatest Amount Bid — — —
Dollars ($ 2.5% GAB ), for the payment of which
sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS the Principal has submitted a bid for Westlake Pod E Tackable Vlall
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 bond
s as may be specified in the bidding or Contract Documents with good and sufficient surety for the
faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter into 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, sealed and dated April 13, 2006
AEC, Inc.
X
WASHINGTON INTERNATIONAL INSURANCE COMPANY
By rP$"t c �i a
Patricia Lee Bartlett Attorney -in -Fact
SURETYNAS GROUP r:
NORTH AMERICAN SPECIAL'T'Y INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
SAMMY JOE MULLIS, JR., JOHN WILLIAM NEWBY, ROBERT DONALD HURST,
PATRICIA LEE BARTLETT, JULIE STORM, WILBERT RAYMOND WATSON,
CAROLYN J. GOODENOUGH and KRYSTAL LEA WEBER, jointly or severally
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings -
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TEN MILLION (10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington international Insurance Company at meetings duly called and held
on the 24d' of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
4Prprrag
By
&
C
Psul A. Amstutz, President & Chief Exerntive Officer of Washington international Insurance ompary SEAL 3 a =
c ,g t$J3 ar+tj ` Vice President of North Amari= specialty Insurance Companry g� t *;
s A1:sZtitdA b _
arttrrtxntmitrrt By
Steven P. Anderson, Executive Vice President ofW25hiogton International Insurance Company &
Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 17 day of November 72004
.
North American Specialty insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss:
On this 17 day of November 2q24, , before me, a Notary Public personally appeared Paul D. Amstutz President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
-sx uta
Yasmin A. Patel, Notary Public
I, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this I- 3 tlday of Ap r i 1 2006.
James A. Carpenter, Vice President & Assistant SccTuwy of Wasbingtan International Insurance Company &
Assistant Secretary of North American Specialty Insurance Company
"IrT
t ou. may CRrI "aaffig—fin. Internal
800/338-0753
:419
ripgpqzpij:i.�
WjMw f.' WITUAWI-1 OV
NAS Surety Group
1200 Arlington Heights Road 9400
Itasca, IL 60143
You may also contact the Texas Department of Insurance to obtain information
companies, coverages, rights or complaints
800/252-3439
You may write the Texas Department of Insurance at the following address:
P 0 Box 149104
Austin, TX 78714-9104