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Res 06-28 Authorizing a Contract with the Andrew Joseph Company
TOWN OF WESTLAKE RESOLUTION NO. 06-28 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING A CONTRACT WITH THE ANDREW JOSEPH COMPANY 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 The Andrew Joseph Company to provide all labor and materials for the demolition, framing, drywall, and painting 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 the Andrew Joseph Company 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 8" DAY OF MAY, 2006. ATTEST: J n Dvainnell, Town Secretary 9�ji� A*A'al� - Scott Bradley, Mayor Trent O. Petty, To M ager APPROVED AS TO FORM: L, tanton L At Civic Campus Expansion CLASSROOM CONVERSIONS POD E April 24tH 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: FRAMING AND DRYWALL ,CIVIL CAMPUS EXPANSION FROM TOWN OF WESTLAKE will be received at the Town Hal[, Town of Westlake, 2650 J.T. Ottinger Road, Westlake, Texas, 76262 until 9:00 a.m., May 8th, 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. Dr 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, April 26nd 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, May 8th at 1:00 P.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 Monday, April 24'h through Monday, May 8th from 9am 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 HUBIMBEIWBE business enterprises. 'section 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, magneticierasable 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. Pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do all the work and furnish al! necessary tabor, 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 Unit Price Total Amount Quantity words Furnish and install, including all appurtenant work, complete in place, the foiloWng 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 LS Install two sinks see A1.02 &A1.04 for a sum of $ � 4493, $ � d-5-0 Dollars and ' OV Cents Power 1 LS Demolition & debris removal see A1.01 fora sum of : $ �� p o $ L/ �.5 7 c` 7--- Dollars and Oo Cents 2 GFC1 plugs and data outlets see A1.04 for a EA sum of: $ /� $ A18 Dollars and Cents 3 EA Light fixture and PA speaker see A1.03 for a IVd sum of: $ $ Dollars and Cents 4 LS For all Conduit see Al -04 for for a sum of: $ -/Q $ �d Dollars and Cents 5 Telephone & Data stub ups installed see AI.04 EA for for a sum of: $ $ -V Dollars and Cents 6 Fire alarm strobe device removed and installed EA see AI.04 for for a sum of: $ $ N 1-1/8 Doliars and Cents 7 Branch circuitary installed see AI.04 for for a EA sum of: $ .✓�/� $___ --- ZSa 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: !✓ I? Dollars and Cents 2 Solid surface tops see A1.06 for a sum SF of - Dollars and Cents 3 EA Lockers see A1.01I for a sum of: Dollars and Cents 4 LF Classroom trim see A1.06 for a sum of: $ et%rC'J� Dollars and Cents 5 LF Trim in Corridor see A1.D5-A1.06 for a sum of: $ Dollars and Cents 6 Staining & finishing millwork see A9.05 LS for a sum of : $ /✓A f'ls' 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 : $ ---v a '--V a Dollars and Cents 3 EA Remove & reinstall corridor doors and plan room door see A1.02 for d� a sum of: $ .� $ y _Dollars and 00 Cents 4 Movable partition doors see A1.08 for a LS sum of: ✓1%leDollars _ and Cents 5 Movable partition support system see A1.08 LS for a sum of : $ /L'4 Dollars and Cents Glass & Glazing 1 EA Door glazing see A1.05 for a sum of: _-VAR Dollars and Cents 2 Clearstrory glazing see A1.05 for a sum �J Dollars and Cents Mechanical system 1 LS Remove grilles and duck work in file rm see / A1,01 for a sum of: $ 2 Install louver in C.R.203 see A1.04 for a L5 sum of: 3 Building management adjustment for a LS sum of: oRYwat_Lo � zrs �v ` '�Lr .r.r.�.,� i- 0 - 1 Demolition & removal see A1.01 fora $�� 8 7J 7400 LS sum of: rf $ S 8 73 Dollars and 00 Cents LS Rough carpenjy see A1.02 for a sum of : $'i% $ 41 I / 7 'I ;L Dollars and oy Cents LS Drywall partitior)s see A1.02 for a sum of : $dgs _ g 6 s,f' Doliars and 0.0 Cents 5 Corridor in fill partition (Temp) see A1.02 $ y� 8 $ 9 8 J LS for a sum of w �-� 3 Dollars and on Cents 6 Fry reglef reveal work see A1.01 for a ,�- d� L5 sum of:, $ Dollars and fs n Cents 7 Plastic barrier from floor to ceiling on eastside of LS corridor for a sum of: $ .3 .2 3- 3 3 ;x S, Dollars and 00 C:P.ntC Carpet & Resilient Flooring 1 Demo flooring & debris removal see A1.01 V a LS for a sum of: r $ �% $ 9 g 2 S'S1 9 3- _r dollars and n o Cents 2 A I, SF VCT flooring see A1.02 for a sum of: $ 3 e Dollars and I rx 9 Cents 3 Sy Carpet see A1.02 f r a sum of: $ 3 a $ % ,Q 3 �L Dollars and , Cents 4 LS 5 LS Painting & Wall Covering 1 LS 2 SF 3 LS Demo flooring in existing con-idor see A1.01 for a sum of: ®o li ~7 $f� �% Dollars and o Cents New flooring in existing corridor see A1.01 �� Lam! for a sum of : $ 3 3 Dollars and , J- Cents Tape, Sed & Paint drywall see A1.02 e a fora sum of : w $ 17 R Ya / 7, o Dollars and o 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 : $ --Vw Dollars and Cents $--T,&,O $ % 7,Sya ®� � NQ 4 Fabric wrapped Acustical panels see A1.05 fora LS sum of: $ eyQ ^� Dollars and _ Cents Security system Remove security camera see A1.01 for a sum of 1-111:6 Dollars and Cents LS Install two card readers see A1.08 for a sum of: '- j deDollars and e Cents Total Amount Bid Per Trade $ Total Amount Bid for Project $ Addendum Receipt is acknowledged of the following addenda: Addendum No. 1 V -e-f Addendum No. 2 Addendum No.3 $ ---V a The undersigned bidder agrees to commence work within five (5) days atter the date of written notice to commence work, and to substantially complete the work on which he has bid within 50 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, under the conditions hereof, within five (5) days after the said proposal is accepted by the owner and received by the undersigned; otherwise, check or bond shall be returned to the undersigned upon demand. undersigned hereby declares that he visited the site and has carefully examined the contract documents relative to the work covered by the above bid. Respectfully Submitted Contractor �y Name Printed Title lor le 7L Address: P.y. 13oX 5YS Phone #: �!7-xlel-L12-7y 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. Company Name (Contractor) Signature X 1 7�S n Name (Please Print) Title EXPERIENCE RECORD List of projects bidder has successfully completed: Amount of Date Name and Address Contract Award Type of Work Accepted of Owner List of projects bidder is now engaged in completing: Amount of Date Dame and Address Contract Award Type of Work Accepted of Owner List of Surety Bonds in force on the above uncompleted work: Amount of Amount of Name of Surety Contract Award Bond. Company Acknowledgment on next page must be filled in. THE ANDREW JOSEPH COMPANY, INC. COMPANY BAND FIRST FINANCIAL BAND P.O. BOX 92840 SOUTHLAKE, TEXAS 76092 PH. (817) 488-5544 FAX. (817)488-9697 MR. MARIA L JONES PRESIDENT & CEO SURETY COMPANY BONDING & INSURANCE SPECIALISTS AGENCY, INC 9340 SOUTH HARLEM AVENUE BRIDGEVIEW, IL.60455 MR. DENNIS KONIECZNY PH (708)598-5355 FAX (708)598-6686 SUPPLIERS BLUEBONNET WASTE CONTROL INC MS. LYNNE LUED P.O. BOX 223845 DALLAS, TEXAS 75222 PH (214)630-5222 FAX (214)630-5275 ARAMSCO SAFETY PRODUCTS 5145 NORWOOD ROAD, SUITE D DALLAS, TEXAS 75247 RUSSEL HANCOCK PH (214)689-2110 FAX (214)689-2117 Airgas Direct Products 2700 Breckinridge Blvd. Duluth, Ga. 30096 Jackie Coward PH (800) 445-3711 FAX (800) 500-3993 P.O. BOX 545 Grapevine, TX 76099 (817) 481-4239 THE ANDREW JOSEPH COMPANY, INC ------------------------------------------------------------------------------------------------------------ PROJECT REFERENCES Client: Monterey Construction Contact Phone: 806-866-4296 Contact: Mr. Ricki Barnett Project Type: Asbestos Abatement and Interior Demolition, I.M. Terrell School - FWISD Project Date: 1998-1999 Amount: $1,800,000+ Completed: 1999 Consultant: Terra -Mar, Mr. Jef Titsworth / 972-488-8800 Client: City of Fort Worth Contact Phone: 817-871-8360 Contact: Purchasing Department and/or Mr. Jack Dale Project Type: Asbestos Abatement and Demolition, Van Natta Apartments - Fort Worth Project Date: 1999 Amount: $450,000+ Completed: 1999 Consultant: IHST, Mr. Tracy Bramlet / 972--478-7415 Client: AmeriSouth Realty Contact Phone: 214-750-1709 Contact: Mr. Ruel Hamilton Project Type: Asbestos and Mold Abatement, Arboretum Apartments - Dallas Project Date: 2002 Amount: $250,000+ Completed: 2002 Consultant: REC, Ms. Dyana Lee / 214-616-0068 Client: Sunbelt Industrial Services Contact Phone: 817-877-0866 Contact: Mr. Brent McClure Project Type: Asbestos Abatement and Demolition, Office/warehouse - Hallifax Dallas Project Date: 2003 Amount: $87,000+ Completed: 2003 Consultant: REC, Ms. Dyana Lee / 214-616-0068 P.O. BOX 545 Grapevine, TX 76099 (817) 481-4239 THE ANDREW JOSEPH COMPANY, INC. -------------------------------------------------------------- Client. Wide Open Spaces Contact Phone: 817-318-8000 Contact: Mr. Tom Struhs Project Type: Asbestos Abatement, Multiple Old Residential House - Fort Worth Project Date: 2003-2004 Amount: $150,000+ Completed: Active Consultant: REC, Ms. Dyana Lee / 214-616-0068 Client: SHAW Environmental and Infrastructure, Inc. Contact Phone: 281-368-4400 Contact: Mr. Chuck Blankenship Project Type: Asbestos Abatement, Lead Abatement, New Flooring - Sheppard AFB Project Date: 2004 Amount: $1,200,000+ Completed: 2005 Consultant: Air & Earth, Ms. Pat Jasques / 405-691-3177 P.O. BOX 545 Grapevine, TX 76099 (817) 481-4239 ACORD CERTIFICATE a LIABILITY INSURANCE TM TD�A�TE(MM/DDPYY) 09/09/2005 PRODUCER Serial # 106130 BONDING & INSURANCE SPECIALISTS AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9340 S. HARLEM AVENUE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BRIDGEVIEW, IL 60455 IN CALIFORNIA, DBA BONDS AND INSURANCE SERVICES, LICENSE #0795489 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A: ARCH SPECIALTY INSURANCE COMPANY THE ANDREW JOSEPH COMPANY, INC. INSURER B: P.O. BOX 545 INSURER C: GRAPEVINE, TX 76099 INSURER 0' INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH TH6S CCRTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRL TYPE OF INSURANCE POLICY" NUMBER POLI -�tj-FtL;IUN DATE (MMIDDIYY)tvL DATE (MMIDDIPOLICY EXPIHA YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X. COh7NIERCIAL GENERAL LIABILITY5{] PREMISES (Fa occurence) $ 000 CLAIMS MADE ® OCCUR MED EXP (Any one person) $ STGU- 12 EMP 43675 00 09/16/05 09/16/06 PERSONAL &ADV INJURY S GEN ERALAGGREGATE $ GEN'L.AGGREGATELIMIT APPLIES PER , PRODUCTS-COMPIOPAGG S 2,000,000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO S (Ea accident) ALL OWN ED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY NON -OWNED AUTOS 5 (Per accident) PROPERTY DAMAGE 5 (Per accident) - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG 5 EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE s $ DEDUCTIBLE $ RETENTION $ S WORKER'S COMPENSATION AND TORY LIMITS ER EMPLOYERS" LIABILITY EI. EAC!-! ACCIDENT3 ANY PRL)PR;ETOR/PARTNERIEXECUTVE CFFICERIMEMSER EXCLUDED? EL DISEASE - EA EMPLOYEE $ If yes, describe under EL DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER $1,000,000 - PER CLAIM A CONTRACTORS POLLUTION LIABILITY INCLUDES ASBESTOS/LEAD OPS 12 EMP 43675 00 09116/05 09/96/06 OCCURRENCE FORM DESCRIPTION OF OPERATIONSILOCAT60NS1VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FOR INFORMATION DATE THEREOF, THE ISSUING INSURFR WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO CIO SO SHALL AND IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES_ BIDDING PURPOSES. AUTTHH�ORIZED REPRESENTATIVE KAO 11l+V[ikJ L.7 1000 11vo) V AL:URD UUKPURA I IUM 1988 EXPERIENCE RECORD CONTINUED a partner Submitted by: iT e /`.,�,� ��p" G an individual a corporation with principal office at Y 2-- ,( y,,1 es ['✓mss r! -s Kms, , j �d� Y TO BE FILLED IN BY CORPORATION Date Incorporated y ?/ Under the Laws of ar.f (State) Executive Officer State of -Te.k g- s TO BE FILLED IN BY PARTNERSHIPS: Date formed State whether partnership is general limited or associated. List of Members: County of ,%c- r, -i- f -j o •--� , being duly sworn, deposes and says that he is the A,, e .r1 `. -of 7% e h7r.-.�.•�-r✓ ore �O, .�`_.r c (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 tree and correct. (Signature) Swt before me this 20M. ,'�. day of ,t Bbl /rotary Pub My Commission Expires: F -j , t i/� Seal ^R �j JENNIFER LYNN LAMBERT Notary Public, State of Tens My Commission €xpiresJune 26,200 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. FOCAL 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 falfill 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 0', 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 7. 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. BIDDERS INSTRUCTIQNS (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 CONTRAC'T'OR AND IT'S INSURANCE COMPANY Proposal (to be completed by the contractor) Standard Form of Agreement (to be completed by the contractor) 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. Bonds: Pre-bid Bond; Payment ent Bond and Maintenance Bond ate„ Power of Attorney or Certificate of Authority of Attorneys) 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 © day of May in the year 2006, by and between the Town of Westlake, Texas (hereinafter called OWNER) and The Andrew Joseph Co. Inc. (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 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 OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article b. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the MCC, it be necessary. 7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and MCC and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a parry 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 therm 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 OWNER: Town of Westlake, Texas IC A R Address for giving notices: 2650 J. T. Ottinger Road Westlake, Texas 76262 day of May, 2006. CONTRACTOR: Zh e . A^ v7-oj By; 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. ) 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, thea 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 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 finished before the August 4h 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 reWonsibility 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. S. There is NO Smoking on school grounds. 4. 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 DIFW 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. NAY -22-06 45]50 FRQM-815A +rUb5BS66tlIi 1-944 Y.UUIIUUI I•-474 ACORFna CERTIFICATE OF L.IA131LI I Y IIVbUKANII _'0512212005 ' _ PnODUCER Serial # 110844 BONDING & INSURANCE SPECIALISTS AGENCY, INC. 9340 S. HARLIEIIII AVENUE BRIDGEVIEW. IL 60466 IN CALIFORNIA, apA DONDS AND TRBURANCE SERVICES, LICENSE OP754469 w1 M .RFn THE ANDREW JOSFPH COMPANY, INC. P.O. BOK 545 GRAPEVINE, TX 76099 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORCIFD BY THE POLICIES BE=LOW. ENSURERS AFFORDING COVERAGE MAIC# INSURER A: ARCH SPECIALTY INSURANCE COMPANY INSURER B: fNSURER C: INSURER O; INSURER C: TTHE POLICIES OF INSURANCE LISTED BELOW HAVE 9ECN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY FIERIOD INI=ATISO, Y BE IIiSSSNG UEDOI OR ANY ReQWftEMENT, YERM OR CONDITION OF ANY CONTRACT OR OTHCR DOCUMENT WITH RESPI CT TO WHICH THIS CERTIFICATE MAY BE Efl MAY PERTAIN, THE INSURANCE AFFORDED] BY THE POLICES OCSCRIBIED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, iR NSR TYPE ❑F INSURANCE POLICY NUM6ER PONT OA iM 00 I DA SM + 1 OFNERAL LIABILITY A TCOMMERCIAL GENERALLIABILITY CLAIMS MADE IE OCCUR 121^MP 43615 00 ()9!18106 09/16106 GEN'L AGGREGATE LIIMQIIT APPLIES PER: 71 POLICY I I J90i LOG AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AV705 HIRED AUTOS NC N -Q W N; --U AUTOS GARAGIr 6IAGIU1'V ANY AUTO EXCESSIUMBIRELLA WARILITY OCCUR © CLAIMS MADE DEDUCTIBLE RETENTION 3 WORKER'S COMPENSATION AND EMPLOYERS' LI&BILITY ANY PROPRIETORIPARTNERII"XECUTUG OFFICER RIVISER FXCLUDF127 II yoE, aasaioc 41ldar SPECIAL PROVISIONS oalew OTHER CONTRACTORS POI.LUTION LIABILITY A }NCLUDES ASBIESTCVLSAD OPS OCCURRENCE FORM 12 EMP 43675 00 1 09116/05 1 09116105 LI M1TS EACH OCCURRENCE S -1,000,000 I 1- uccurence) $ 50,000 MED EXP {Any env parson] S PERSONAL & ADV INJURY S GENERAL AGGREGATE I PRODUCTS - COMPIOP AGG $ 2.000.1300 COMII SINGLE LIMIT g (Es acelaenl) BODILY INJURY y :Par Parmn] BODILY INJURY f tPar accident) 11 nAMAGE yuml11 ? AUTO ONLY - EA ACCIDENT $ OTHERTHAN FAACC S AuTOONLY: AGG EACH OCCURRENCE 4 AGGREGATE S 3 S TO Y LIME $ EL EACHACCIOENT S EL DISEASE - EA EMPLOYEE B GL DISEASE - POLICY LIMIT is $1,400,000 - PER CLAIM ALL PROJECTS DONE DURING THE CAPTIONED POLICY TERM. THE TOWN OF WESTLAKE AND MANHATTAN CONSTRUCTION COMPANY (PROJECT MANAGER) ARE ALSO NAMED AS ADDITIONAL INSUREDS UNDER THE GENERAL LIABILITY POLICY. I TOWN OF WESTLAKE ATTN: TROY MEYER - DIRE=CTOR OF FACILITIES & REC. 2650 JT flTTINGER ROAD WESTLAKE, TX 76262 :ANCELLATION SFIOULO ANY GE THE ABOVE. DESCRIBED POMQIUS pE CANCELLED 9EFOR5 TIME EXPIRATION DATE THEREOF THE 195UING INSURER WILL ENDEAVOR TO MAIL 1Q DAYS WRTITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THF I.GFT, BUT FAILURE TO DO SO SHALL IMPOSE NO 09LIGATION OR LIAA11LITY OF ANY KIND UPON TH5 INSURER, ITS AGENTS OR KAO I k441A- tet. ACORD CERTIFICATE OF LIABILITY INSURANCE D 0 22/]006 o�r22r2oo6 PRODUCER Serial # 110844 BONDING & INSURANCE SPECIALISTS AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9340 S. HARLEM AVENUE f ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 13RIDGEVIEW, IL 60455 IN CALIFORNIA, DBA BONDSAND INSURANCE SERVICES, LICENSE #9795489 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A: ARCH SPECIALTY INSURANCE COMPANY THE ANDREW JOSEPH COMPANY, INC. INSURER B: P.O. BOX 545 INSURER C: GRAPEVINE, TX 76099 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRL TYPE OF INSURANCE POLICY NUMBER VULK;Y EFFECTIVE DATE IMMIDWYY} POLICY XPIRATIO DATE (MMIDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ A is COMMERCIAL GENERAL LIABILITY PREMISES IEa occurericel $ 50,000 CLAIMS MADE ® OCCUR MED EXP (Anyone person) $ 12 EMP 43675 00 09116/05 09/16/06 PERSONALBADVINJURv $ 717m-1 no- GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOPAGG $ 2,000,000 POLICY JE LOC w I � AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) ALL OWNED AUTOS 'lt}1 ,% r.f BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS NON-OWNED AUTOS y f BODILY INJURY (Per accident) S e7r _ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EAACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION 5 - Is WORKER'S COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT 5 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMRER EXCLUDED? EL DISEASE -EA EMPLOYEE 5 If yes. describe under EL DISEASE - POLICY LIMIT 5 SPECIAL PROVISIONS below OTHER $1,000,000 - PER CLAIM CONTRACTORS POLLUTION LIABILITY A INCLUDES ASRESTOSILEAD CPS 12 EMP 43675 00 09116]05 09/16106 OCCURRENCEFORM DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCWSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ALL PROJECTS DONE DURING THE CAPTIONED POLICY TERM. THE TOWN OF WESTLAKE AND MANHATTAN CONSTRUCTION COMPANY (PROJECT MANAGER) ARE ALSO NAMED AS ADDITIONAL INSUREDS UNDER THE GENERAL LIABILITY POLICY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN TOWN OF WESTLAKE ATTN: TROY MEYER - DIRECTOR OF FACILITIES & REC_ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 2659 JT OTTINGER ROAD IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR WESTLAKE, TX 76262 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE KAO !!�� / Oa, AGORA 25 (2001/08) 9) ACORD CORPORATION 1988 MINUTES OF THE ORGANIZA?'ION MEETING OF THE DIRECTORS OF THE ANDREW JOSEPH CO. INC. The organization meeting of directors was held at 105 West Worth, Grapevine, TX 76051 on March 1 19 91 at 10:00 a .M . The following were present Mark A. Watson Keith Boaz Leon Christian being all the directors of the corporation. Mark A. Watson was appointed chairman of the meeting and Leon Christian was appointed secretary. The secretary then presented and read to the meeting the waiver of notice of the meeting, subscribed by all the directors named in the articles of incorporation, and it was ordered that it be appended to the minutes of the meeting. The secretary then presented and read to the meeting a copy of the articles of incorporation and reported that on February 1 1991 the original thereof was filed in the office of the Secretary of State of the State of Texas and that the Secretary of State issued a formal Certificate of Incorporation to the company on that date. The secretary presented the Certificate of Incorporation annexed to an approved duplicate of the articles of incorporation as filed and it was ordered appended to the minutes of the meeting. organization 1 The secretary then presented to the meeting the resigna- tion of all the directors of the corporation, and it was ordered that they be filed with the minutes of the meeting. RESOLVED that the resignation of directors as presented to the meeting are hereby approved and accepted and they are to take affect at the close of the organization meeting. The chairman then stated that nominations were in order for election of directors of the corporation to hold office until the first annual meeting of shareholders and until their successors shall be elected and shall qualify. The following persons were nominated: Mark A. Watson Keith Boaz No further nominations being made nominations were closed and a vote was taken. After the vote had been counted, the chairman declared that the foregoing named nominees were elected directors of the corporation. The chairman then stated that the newly elected directors would assume their responsibilities immediately. organization is The secretary then presented a proposed form of by-laws prepared by the Secretary counsel to the corporation. The proposed by-laws were read to the meeting, considered and upon motion duly made, sec- onded and carried, were adopted as and for the by-laws of the corporation and ordered appended to the minutes of the meeting. The chairman of the meeting then called for the election of officers of the corporation. The following persons were nominated to the office preceding their naive; president Mark A. Watson vice-president Keith Boaz secretary Keith Boaz treasurer Keith Boaz assistant secretary Leon Christian assistant treasurer Leon Christian No further nominations being made .the nominations were closed and the directors proceeded to vote on the nominees. The chairman announced that the foregoing nominees were elected to the offices set before their respective names. The secretary submitted to the meeting a seal proposed for use as the corporate seal, a specimen share certificate proposed for use as the corporate certificate for shares the corporate record book, and the share transfer ledger. Upon motion duly made, seconded and carried, it was RESOLVED, that the Corporate seal now presented at this meeting, an impression of which is directed to be made in the minutes of this meeting, be and the same hereby is adopted as the seal of the corporation, and further RESOLVED, that the specimen share certificate presented to this meeting be and hereby is adopted as the form of certi- ficate for sharesto be issued to represent shares in the corporation, and further organization 2 RESOLVED, that the corporate record book, including the share transfer ledger, be and hereby is adopted as the record book and share transfer ledger of the corporation. Upon motion duly made, seconded and carried, it was RESOLVED, that the treasurer of the corporation be and hereby is authorized to pay all charges and expenses incident to or arising out of the organization of the corporation and to reimburse any person who has made any disbursement therefor. Upon motion, duly made, seconded and carried, it was RESOLVED, that an office of the corporation be estab- lished and maintained at 105 West Worth in the City of Grapevine State of Texas and that meetings of the -board of directors from time to time may be held either at the principal office or at such other place as the board of directors shall from time to time order. Upon motion, duly made, seconded and carried, it was RESOLVED, that for the purpose of authorizing the cor- poration to do business in any state, territory or dependency of the United States or any foreign country in which it is necessary or expedient for this corporation to transact busi- ness, the proper officers of this corporation are hereby authorized to appoint and substitute all necessary agents or attorneys for service of process, to designate and change the location of all necessary statutory offices and, under the corporate seal, to make and file all necessary certificates, reports, powers of attorney and other instruments as may be required by the laws of such state, territory, dependency or country to authorize the corporation to transact business therein. The chairman then stated that it was desirable to desig- nate a depository for the funds of the corporation. Thereupon, on motion duly made, seconded and unanimously adopted, it was RESOLVED, that the to open a bank account in Texas National Bank located at Grapevine, TX and a resolution for that bank was adopted and was this meeting. treasurer be and hereby is authorized behalf of the corporation with purpose on the printed form of said ordered appended to the minutes of organization 3 The secretary then presented to the meeting a written proposal from Keith Boaz dated February 1 19 91 and addressed to this corpo- ration. Upon motion duly made, seconded and carried, the said proposal was ordered filed with the secretary, and he was re- quested to append a copy of the proposal to the minutes. The proposal was taken up for consideration and the fol- lowing resolution was on motion unanimously adopted WHEREAS, a written proposal has been made to this cor- poration which proposal has been appended to these minutes, and WHEREAS, in the judgment of the board of directors the assets proposed to be transferred to the corporation are reasonably worth the amount of the consideration demanded therefor, and that it is in the best interests of this cor- poration to accept the: said offer as set forth in said proposal, NOW THEREFORE, IT IS RESOLVED that said offer, as set forth in said proposal, be and the same hereby is approved and accepted, and that in accordance with the terms thereof, this corporation shall as full payment for said property issue to said offeror(s) or nominee(s) ? fully paid and non -assessable shares of this corporation, and it is FURTHER RESOLVED, that upon the delivery to this corpo- ration of said assets and the execution and delivery of such proper instruments as may be necessary to transfer and convey the same to this corporation, the officers of this corpora- tion are authorized and directed to execute and deliver the certificate or certificates for such shares as are required to be issued and delivered on acceptance of said offer in accordance with the foregoing. organization 3a Upon motion duly made, seconded and carried, it was RESOLVED, that the board of directors of the corporation be, and it hereby is, authorized to issue from time to time the authorized shares of capital stock of the corporation for money paid labor done or personal property or real estate or leases thereof actually acquired by the corporation, upon such terms as the board of directors in its discretion may determine. Upon motion duly made, seconded and carried, it was RESOLVED, that the corporation proceed to carry on the business for which it was incorporated, and further RESOLVED, that the signing of these minutes shall con- stitute full ratification thereof and waiver of notice of the meeting by the signatories. There being no further business before the meeting, on motion duly made, seconded and carried, the meeting was ad- journed. Dated March 1, 1991 Mark A. Watson chairman Boaz se ry A true copy of each of the following papers referred to in the foregoing minutes is appended hereto: Waiver of notice of the meeting Certificate of Incorporation and articles of incorporation Resignation of directors By-laws Specimen share certificates Resolution designating depository of funds organization 4 WAIVER OF NOTICE OF THE ORGANIZATION MEETING OF THE DIRECTORS OF The Andrew Joseph Co. Inc. We, the undersigned, being all the directors named in the articles of incorporation of the above corporation hereby agree and consent that the organization meeting thereof be held on the date and at the time and place stated below and hereby waive all notice of such meeting and of any adjournment thereof. Place of meeting 105 West Worth, Grapevine, TX Date of meeting March 1, 1991 Time of meeting 10:00 am. Dated: March 1, 1991 organization 5 THE ANDREW JOSEPH COMPANY, INC. ------------------------------- DATE: 06-29-06 CONTRACT MODIFICATION INTERIOR SHEETROCK REPAIRIPAINTING COMPANY: Town of Westlake 2650 JT Ottinger Rd. Westlake, Texas 76262 ATTENTION: Mr. Troy Meyer PHONE NUMBER: (817) 490-5735 FAX NUMBER: (817) 430-1812 SITE LOCATION: Westlake School Gym Westlake, Texas 76262 SCOPE OF WORK (1) Install three (3) defbulators. (2) Repair and paint ceiling in a storage room off the kitchen in the lower gym area. PRICE: Estimates for above referenced contract changes are as follows: 1. Installation of 3 Defibulators ($175.00 each) ................................................$525.00 2. Repair and paint gym storage room ceiling ...................................................$450.00 (Owner to supply paint.) TOTAL ESTIMATE FOR BOTH PROJECTS ............................................. 975.00 Estimated Completion: Per contract specifications. Tc j � �) �i c t - j �..e-" � f '7.N,' .- All work to be completed in a substantial workmanlike manner per standard practices. Any alteration or deviation from the above scope of work involving extra costs will become an extra charge over and above the contract price. All agreements are contingent upon strikes, accidents, delays, or changes in Federal, State, and Local regulations beyond our control. All invoices are due and payable in Tarrant County, Texas. SIGNATURE: Mark Watson TITLE: President DATE: 06-29-06 P.O. BOX 545 Grapevine, TX 76099 (817) 481-4239 THE ANDREW JOSEPH COMPANY, INC. ----------------------------------------------------------------------------------------------------- ACCEPTANCE: SIGNATURE: Owner's Representative (PRINT NAME) TITLE: DATE: NOTE: Acceptance of this contract by an Authorized representative for the owner gives AJC authorization to access the property and perform the scope of work. Acceptance also gives AJC authorization to file notifications with any applicable regulatory agencies. Electricity and water will be supplied by the owner on the project at no cost to the contractor. P.O. BOX 545 Grapevine, TX 76099 (817) 481-4239