HomeMy WebLinkAboutRes 06-41 Awarding a Bid for the Construction Work Related to the Temporary Asphalt Parking Lot and Utilities Improvement TOWN OF WESTLAKE
RESOLUTION NO. 06-41
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, AWARDING A BID FOR THE CONSTRUCTION WORK
RELATED TO THE TEMPORARY ASPHALT PARKING LOT AND UTILITIES
IMPROVEMENT ON THE WEST SIDE OF POD G CIVIC CAMPUS.
WHEREAS, the Board of Aldermen fmd it desirable and necessary to construct
a temporary parking lot west of Pod G on the civic campus to accommodate the growing
needs of Westlake Academy; and
WHEREAS, the contractor will be selected from the bid opening on June 26"',
2006, to construct a 52 space temporary asphalt parking lot and related utility work; 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 parking lot and related utility work were appropriately followed; and.
WHEREAS, the cost for the contract related to the construction work of the
temporary asphalt parking lot and utility improvement on the west side of Pod G Civic
Campus is included in the adopted FY 2005/2006 amended budget; and
WHEREAS, the Board of Aldermen have been committed to providing a safe
environment for all visitors to the civic campus and find the passage of this Resolution is
in the best interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE,TEXAS:
SECTION I: The above findings are hereby found to be true and correct and are
incorporated herein in the entirety.
SECTION 2: The Board of Aldermen of the Town of Westlake, Texas, approves
the awarding of the bid for construction work relating to the temporary parking lot and
related utility work to Brock Paving Industries, Inc., 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 26TH DAY OF NNE 2006.
Scott Bradley, Mayor
ATTEST:
can Dwinnell, Town Secretary Trent O. Petty, TZ7n-Ilanager
APPROVED AS T/ FORM:
L. Stanton T n Attorney
TOWN OF WESTLAKE, TEXAS
41
c-jb
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
ASPHALT PARKING LOT AND UTILITIEST FOR
TEMPORARY BUILDING
ON
2650 IT. Ottinger Rd.
June 1 to Q
SCOTT BRADLEY
MAYOR
BOARD OF ALDERMEN
FRED HELD — MAYOR PRO TEM
DON REDDING BUDDY BROWN
LARRY SPARROW BILL FREY
TRENT O. PETTY
TOWN MANAGER
David McCarver P.E.
TOWN ENGINEER
GRAHAM ASSOCIATES, INC.
CONSULTING ENGINEERS&PLANNERS
600 SIX FLAGS DR., SUITE 500
ARLINGTON,TEXAS 76011
PHONE: (817)640-8535
NOTICE TO BIDDERS
Sealed proposals addressed to the Town of Westlake for the construction of:
ASPHALT PARKING LOT AND UTILITIES IMPROVEMENT FOR
FROM
THE TOWN OF WESTLAKE
will be received until 10:00 a.m., Monday, June 26, 2006 at the Town of Westlake
Municipal Complex located at 2650 J. T. Ottinger Road, Westlake, Texas 76262.
Each bidder shall identify his sealed Proposal by typing on the outside of the envelope:
TOWN OF W ESTLAKE
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 Engineer at the above address.
Or email:
dmccarver@grahamcivil.com
Respondents may also fax questions/comments to:
Graham Associates, Inc.
(817) 633-5212
Attention: David B. McCarver, P.E.
A pre-bid conference will be held at 10:00 a.m. Friday, June 16, 2006 in the town
conference room at 2650 J.T. Ottinger Rd. Westlake, Tx. 76262. All prospective bidders
are required to have a representative from their firm attend this pre-bid conference.
The scope of work for the project consists of the installation of 2" asphalt parking. Work
include installation of 1-inch water line, 2-inch electrical line, sidewalk and one valve and
other appurtenances.
The Bid Opening will be held on Monday, June 26th at 11:00 A.M.
Specifications and bidding instructions will be furnished without charge to any general
contractor desiring to submit a bid for this project, and will be available from Tuesday,
June 13th through Monday, June 26th from gam to 4pm Monday — Friday, at the Town
Hall, 2650 J.T. Ottinger Road, Westlake, Texas 76262.
The Town of Westlake reserves the right to reject any or all bids, and to waive any
formalities.
The Town of Westlake is committed to the ideals of equal opportunity, and strongly
encourages participation by HUB/MBE/WBE business enterprises.
PROPOSAL
Date: j.re 7. �t
To: The Honorable Mayor Scott Bradley and Board Of Aldermen
Town of Westlake
2650 J. T. Ottinger Road
Westlake, Texas 76262
Gentlemen:
The pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do
all the work and furnish all necessary superintendence, labor, materials, and equipment to
complete all the work upon which he bids, as provided by the attached specifications and shown
on the plans and binds himself on acceptance of his proposal to execute a contract and bonds,
according to the accompanying forms, for performing and completing the said work within the
time stated, and maintaining same as required by the detailed specifications for the following
prices, to-wit:
ID ITEMS
Prices to be written in words.
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish, construct, and install complete in place
1. 450 L.F. 2" P.V.C. water line, sch. 40
sum of
Dollars
and %, cents $ $ `
per linear foot.
2.. 1 Ea. 2" Tap on existing water line , for the sum of
0 Dollars
and /_0 cents $ ZOO
$
per each
P-1
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish, construct, and install complete in place
3. 450 L.F. 2" P.V.C. electric line, sch. 40
Sum of RVAL Dollars
CIA,
and n —cents $ $ 71z'
per linear foot.
4. 250 LF. 21" HDPE Storm Drain pipe including
including relocation of headwall, for the sum of
- I j2t eVCAJ Dollars JOP CYP
and 2-C /C) —cents $ $
per Linear Foot
5. 3,000 S.Y. 2" Asphalt pavement parking lot, for the sum of
—Dollars 0
$ $
and cents Ao/DO
per square yard
6. 3,000 S.Y. 6" crushed stone base for the sum of
Dollars C)
Al
ez oc)
and cents $ 0 $ - Cl
per square yard
7. 500 S.Y. Excavation, for the sum of
L:00-j"T"L7 V-,,,e —Dollars
and cents
per square yard
P-2
ItemEstimated
No. Quantity Item Description Unit Price Total Amount
Furnish, construct, and install complete in place
8. L.S. Stripping and mar0.kin6avrl�kinci lot, for the sum of
Dollars
and cents $ $46
lump sum
9. 1,300 S.F. 2" asphalt sidewalk , for the sum of
Dollars
and cents $ J 5 $
per square feet
10. 4 Ea. Wheel stops, for the sum of
B1 o Dollars
and 27C_ibo cents $ $ Z, 11
per each
11. 1 L.S. Labor for 10 X10 Rip -rap, for the
sum of seve,- Dollars
and cents $
Per lump sum
P-3
. .
Item Estimated
NO. C}U8Othv Item Description Unit Price Total Amount
Furnish, coOStnJ[t' and iOSLg|| complete in p|@C8
12. 200 LF. Silt Fence for Erosion cOOtn](` including iDSt8||8tiOO
maintenance and post construction
neDlOV8| of erosion control facilities,
complete and in place, for the
SU0 O —Dollars
@ndentS
Per Linear Foot
TOTAL AMOUNT BID
Receipt iSacknowledged of the
Addendum No. 1
Addendum NO. 2
Addendum NO. 8
The undersigned bidder agrees to cOnO0eOCe work within Seven (7) days after the d810 of
written notice to CoDlnlGDCe vvOrk. and to complete the work OA which he has bid within 30
working days @Gprovided iDthe General Conditions.
EOc|0S8d with this proposal is @ cashier's or certified ChGCk, O[@ Bid Bond for$
(4% 0fgreatest amount bid)' which it is agreed 8h8|| be collected and neb8iDSd by the Owner as
liquidated d8Dl8g8S in the event this proposal is accepted by the Owner within /30\ days after
the date advertised for the receipt of bids and the undersigned fails to execute the contract and
the required bonds with the OVYO8[, under the cOOdidOOS hereof, within Five (5) days after the
said pPDpOS@| is accepted by the Owner and received by the UOd8F3igOSd; Uth80Vis8, said check
O[ bond shall b8returned 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 bythe above bid.
Respectfully Submitted,
P4
Contractor
By:
Named Printed
Title: ?tzes o-e4\-
7
Address:
Phone: 1C/
SEAL - IF BIDDER A CORPORATION
P-5
SUMMARY OF WORK
PART 1 - GENERAL
1.1 DESCRIPTION
The work to be performed under this contract consists of furnishing all materials, tools,
equipment, labor and incidentals necessary to install a 2" asphaly parking lot with a six
inch crushed stone base. The parkering will need all painted marking, flow arrows,
handecape, parker spots. A 2" asphaly sidewalk will installed the south east side of the
parking lot to the main sidewalk to the campus, A one inch water line will run from a
exesting line to the soccer field on the west side of the parking lot.
The Contractor shall provide and maintain access at all times for all business locations
during the construction as a non-pay item.
The Town of Westlake shall not reimburse the Contractor for any water used to perform
the work as required in this contract.
The Contractor shall review and understand the requirements for solid waste disposal
(Section 01516).
1.2. JOB CONDITIONS
A. PROJECT LIMITS
1. The Contractor shall confine his operations to the limits of the right-of-way and
temporary construction easements furnished by the Town.
2. The Contractor shall use extreme caution when working near adjacent properties
so as to minimize the inconvenience to the public caused by the work herein.
3. Any property corner or right-of-way marker removed or destroyed shall be
replaced at the Contractor's expense.
B. EXPLOSIVES
The use of explosives will not be permitted on this project.
C. PROPERTY PRESERVATION
The Contractor shall be responsible for the preservation and protection of all trees,
shrubs, sprinkler systems, fences, mail boxes, and other property owner
improvements located within the limits of construction. The destruction or damage
of said property owner improvements by the Contractor designated for preservation
shall be replaced or repaired at the Contractor's expense.
01010-1
D. TRAFFIC CONTROL
The Contractor shall route traffic and barricade all roads as required by the Town of
Westlake. The traffic control shall conform to the "Texas (Manual on Uniform Traffic
Control Devices," latest edition, and is subject to the approval of the Town Engineer.
All barricades, signs and traffic control devices required for the project shall be a
non-pay item.
1.3. REFERENCE SPECIFICATIONS
A. Town of Westlake— Engineering Standards, latest edition
B. North Central Texas Council of Governments — Standard Specifications for
Public Works Construction, latest edition
C. Texas Department of Transportation — 1993 Standards for Construction of
Highways, Street and Bridges, with supplemental special provisions.
END OF SECTION
01010-2
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the day of June in the year 2006, by and
between the Town of Westlake, Texas (hereinafter called OWNER) and Development
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
ASPHALT PARKING LOT AND UTILITIES IMPROVEMENT FOR
TEMPORARY BUILDING
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
2650 JT Ottinger Road
Article 2. ENGINEER.
The Town Engineer who is hereinafter called ENGINEER and who is to act as
OWNER'S representative, assume all duties and responsibilities and has the rights and
authority assigned to ENGINEER by the OWNER in connection with completion of the
Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. CONTRACTOR agrees to commence work within five (5) days after the date of
written notice to commence work, and to complete the work on which he has bid within
forty-five (45) working days as provided in the General Conditions.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price
Work Basis in accordance with the Contract Documents in current funds based on the
measured quantities and the unit prices stated in the Proposal.
Article 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
A-1
ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days
of the date of the invoice.
Article 6. INTEREST.
All moneys not paid when due shall bear interest at the maximum rate allowed by law at
the place of the Project.
Article 7. CONTRACTOR'S REPRESENTIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that
in any manner may affect cost, progress, performance or furnishing of the Work.
7.2. CONTRACTOR binds itself to use such materials and so construct the work that
it will remain in good repair and condition for and during the period of two (2) years from
the date of the repair and to maintain said work in good repair and condition for said
term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in
whole or in part at any time within said period, if in the opinion of the ENGINEER, it be
necessary.
7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall
indemnify and hold harmless OWNER and ENGINEER and their consultants, agents
and employees from and against all claims, damages, losses and expenses, direct,
indirect or consequential (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals and court and arbitration costs) arising out
of or resulting from the performance of Work, provided that any such claim, damage,
loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property (other than the Work itself) including the loss of use
resulting there from and (b ) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, and Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part
by a party indemnified hereunder or arises by or is imposed by Laws and Regulations
regardless of the negligence of any such party.
7.4. In any and all claims against OWNER or ENGINEER or any of their consultants,
agents or employees by any employee of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any of them to perform or
furnish any of the Work or anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 7.3 shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under
workers' or workmen's compensation acts, disability benefit acts or other employee
benefit acts.
A-2
Article 8. Contract Documents
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 Notice to Bidders consisting of one (1) page.
8.2 Instructions to Bidders consisting of three (3) pages.
8.3 Proposal consisting of six (6) pages.
8.4 This Agreement consisting of four (4) pages.
8.5 Performance, Payment and Maintenance Bonds consisting of four (4) pages.
8.6 General Conditions consisting of 26 pages.
8.7 General Requirements consisting of 14 pages.
8.8 Construction Plans consisting of 14 sheets as prepared by Graham Associates,
Inc.
8.9 Addenda Nos. 1 and 2.
There are no Contract Documents other than those listed above in this Article 8.
Article 9. TERMINATION.
OWNER may terminate contract if CONTRACTOR persistently fails to perform the work
in accordance with the Contract Documents including, but not limited to, failure to supply
sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any
substantial way any provisions of the Contract Documents. OWNER may, after giving
CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and
Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from
the site and take possession of the Work.
Article 10. MISCELLANEOUS.
10.1. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound, and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
10.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect of all covenants, agreements and obligations contained
in the Contract Documents.
A-3
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of
the Agreement. Two counterparts each have been delivered to OWNER and
CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of
the Contract Documents have been signed or identified by OWNER and CONTRACTOR
or by ENGINEER on their behalf.
This agreement will be effective on the_ I day of2001
OWNER: CONTRACTOR:
Town of Westlake, Texas
By: gy.
Trent o. Petty n Manager
ATTESTSATTEST: a
can Dwinnell, Town Secretary
Address for giving notices: Address for giving notices:
2650 J. T. Ottinger Road
Westlake, Texas 76262
(If OWNER is a public body, attach List name of person to whose attention
resolution authorizing execution of notices are to be sent:
Agreement. )
(If CONTRACTOR is a Corporation,
attach evidence of authority to sign.)
A-4
GENERAL NOTES
1. The Town will provide "basic" horizontal and vertical control (see section 01051)
and will provide construction staking one (1) time. Subsequent construction
staking will be the responsibility of the Contractor. In addition, the Town will
perform field surveying to tie the actual location of the water line. The Contractor
shall be responsible for coordination with the Town.
2. All underground utility locations as shown on the plans are approximate. The
contractor shall be responsible for determining the exact locations of all
underground utilities and notifying the various utilities before construction. The
determination of the locations of the utilities shall not be considered sufficient basis
for claims for additional compensation for extra work or for increasing the pay
quantities in any manner whatsoever.
3. All gas, telephone, cable and power lines to be adjusted shall be adjusted by
others.
4. All adjacent property damaged by the proposed construction shall be restored to
equal or better condition than which it was found before such work was undertaken
(non-pay item).
5. Pavement repair pay quantities will be limited to the maximum trench width plus
two feet. Any additional trenching required for trench safety purposes shall be
considered part of the unit price for trench excavation.
6. The Contractor shall not be permitted to have any open trenches at the end of
each working day unless approved by the Engineer.
7. All cut and fill slopes shall be 4:1 except as noted on the plans or as directed by
the Engineer. Cut slopes may be steepened to protect existing trees and fences
only with prior approval of the Engineer. All property adjacent to the proposed
construction shall be graded as directed by the Engineer (non-pay item).
8. Embedment material for the pipe shall be in accordance with the N.C.T.C.O.G.
Standard Specifications Item 2.1.8 and the details shown in the construction plans.
No water jetting will be allowed.
9. The Contractor shall preserve all existing pavement, shoulders, driveways and
sidewalks. The removal and replacement of the said items shall only be deemed
necessary in order to complete the project or as directed by the Engineer. Any
damage not deemed necessary for the completion of said project shall be replaced
to equal or better conditions as a non-pay item.
10. Where applicable, the Contractor shall place rubber mats or earth on the
pavement to protect it from track marks and/or cracking during construction (non
pay item).
11. The Town of Westlake will not reimburse the Contractor for any water used to
perform the work as required in the contract.
01000-1
12. All excavated material deemed excess or unsuitable for backfill shall be disposed
of off-site by the Contractor in a lawful manner. The Town Engineer may assist in
locating a suitable dump site.
13. The Contractor shall preserve all trees, shrubs, sprinkler systems, fences,
mailboxes and other property owner improvements not noted for removal. The
removal and/or replacement of the said property owner improvements by the
Contractor shall be considered as a non-pay item unless a pay item exists for the
specific improvement. The Contractor shall comply with the tree protection
ordinance.
14. The Contractor shall give the Town, residents and businesses affected by any
anticipated water service disruptions at least forty eight (48) hours prior notice.
15. The Contractor is responsible to protect all water and sewer lines and private
utilities crossing the project. The contractor shall repair all damaged lines
immediately. All repairs of existing water mains, water services, sewer mains, and
sanitary sewer services shall be considered a non-pay item.
16. Testing shall be performed by the Town of Westlake. The Contractor shall be
responsible for coordination with the Town's testing firm. The testing shall be in
accordance with requirements of the NCTCOG Standard Specifications.
17. Clearing and grubbing necessary for the construction of the water line shall be the
responsibility of the Contractor. The Town Engineer must approve any tree
removal.
18. Tree mitigation shall be performed by the Town.
19. The permanent and temporary construction easements are shown on the
construction plans.
20. The Stormwater Pollution Prevention Plan (SW PPP) shall be prepared by the
Town and is part ofthe construction plans. The Contractor shall jointly with the
Town submit the Notice Of Intent (NOI) as per federal regulations.
21. Payment, Performance and Maintenance bonds shall be required of the
Contractor. The forms are included with the specifications.
22. A cashier's or certified check or Bid Bond in the amount of 4% of the greatest
amount bid shall be submitted with the bid.
23. The Town shall provide inspection for the project.
24. The Contractor shall devote both manpower and equipment to the project on a
continuous basis each and every workday in sufficient quantity to bring the project
to completion without delay. If it is determined the contractor has failed to
diligently prosecute the project, the Town may elect to have the remaining work
performed by another contractor and deduct whatever is paid to the substitute
contractor from the Contractor's contract.. Such action may be a basis for the
Board of Aldermen rejecting a future bid from said Contractor.
01000-2
PROGRESS REPORT
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall prepare a progress report and a schedule bar chart based upon
date of notice to proceed. This chart shall list the mayor items in sequence of
construction and their estimated times of completion. An updated chart shall be
submitted each week.
1.2. SUBMITTAL
A preliminary schedule chart shall be submitted at or before the Pre-Construction
Conference. The Contractor shall submit an updated progress report and schedule bar
chart each month prior to the scheduled date that the Town processes the Contractor's
weekly estimate for the duration of the contract.
END OF SECTION
01320-1
FLAGMEN
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall provide and maintain flagmen at such points and for such periods
of time as may be required to provide for the safety and convenience of public traffic
and the Contractor's personnel, and as directed by the Engineer.
1.2. QUALIFICATIONS
Flagmen shall be English speaking, courteous, well informed, physically and mentally
able to effectively perform their duties in safeguarding and directing traffic and
protecting the work and shall be neatly attired and groomed at all times when on duty.
PART 2 - EXECUTION
2.1. PROCEDURE
Flagmen, when directing traffic, shall use the standard signs and signals in accordance
with the "TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR
STREETS AND HIGHWAYS", a publication of the Texas Department of Transportation,
Austin, Texas.
2.2. MEASUREMENT AND PAYMENT
No separate payment will be made for traffic control.
END OF SECTION
01572-1
DUST CONTROL
PART 1 - GENERAL
1.1. DESCRIPTION
When directed by the Engineer, the Contractor shall sprinkle areas where dusty
conditions create a nuisance or hazard within the limits of this project.
1.2. MEASUREMENT AND PAYMENT
No separate measurement and payment will be made for sprinkling.
END OF SECTION
01562-1
TEMPORARY WATER
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall be required to furnish a water meter for metering all water used on
this project. The Contractor shall pay for all water used on this project directly to the
Town of Westlake when the job is completed and before final acceptance by the Town
Engineer.
END OF SECTION
01515-1
CLEAN-UP
PART 1 - GENERAL
1.1. DESCRIPTION
A. The Contractor shall perform such clean-up work as is deemed necessary by the
Engineer.
B. The work shall at all times present a neat and orderly appearance, and all cleaning
up shall be completed and all construction machinery and equipment, surplus
materials, supplies and debris shall be removed from the street or right-of-way prior
to acceptance of the final work by the Engineer. The Contractor shall be responsible
for final clean-up, which may be necessitated by his operations on the right-of-way
outside the limits of his work.
C. The Contractor shall maintain all drainage structures within the project limits. All
drainage structures shall remain free and clear of debris, mud, etc. during
construction and shall be thoroughly cleaned at the end of said construction. All
disturbed drainage ditches, road side ditches or pond swells shall be reshaped or
graded to provide the necessary drainage to match original contours. No pay item is
provided for cleaning of drainage structures or restoration of same.
1.2. MEASUREMENT AND PAYMENT
No pay item is provided for clean-up. If, in the opinion of the Engineer, the Contractor is
not providing adequate clean-up, 10% of the total work performed may be withheld, for
the purpose of clean-up. This is to assure the Owner that acceptable clean-up follows as
soon as possible after the installation of said improvements. At the completion of clean-
up, the 10% withheld for said purpose, will be released. The 10% retained for clean-up
is in addition to the normal retainage for all items in the project.
END OF SECTION
01710-1
SOLI® WASTE DISPOSAL
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall dispose of all refuse at a Texas Department of Health (TDH)
approved landfill.
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 a list of all
landfills in the NCTCOG region. Several private regional landfills are available in the
NCTCOG area. The contractor shall determine which method best fits the project
requirements.
Alternately, the Contractor may arrange with Allied Waste Systems to simply supply a
roll-off bin for disposal purposes.
END OF SECTION
01516-1
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)
-Aelll 7 WK�4
ignature
Name (Please Print)
.—�°
Title
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PERFORMANCE BOND
BOND No. 4353696
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STATE OF TEXAS }
COUNTY OF TARRANT }
KNOW ALL MEN BY THESE PRESENTS: That Rrnnk Paving Tnd. T-nr. of the
City of Ro „nnkP , County of Tarrant , and the State of Texas, as principal and
SurPrec Insurance Company (surety company) authorized under the laws of the
State of Texas to act as surety on bonds for principals, are held and firmly bond unto the Town
of Westlake, Texas, in the penal sum of $87,415.00 for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors, and assigns, jointly and severally, by these presents:
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WHEREAS, the Principal has entered into a certain written contract with the
I Owner, dated the 26 day of June, 2006, to construct 2" asphalt parking lot , A one
inch water line, which contract is hereby referred to and made part hereof as fully and to
the same extent as if copied at length herein.
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NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
I Principal shall faithfully perform the said Contract and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and performed, and according
to the true intent and meaning of said Contract and the Plans and Specifications hereto
annexed, then this obligation shall be void; otherwise to remain in full force and effect:
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"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on
I this bond shall be determined in accordance with the provisions of said Chapter to the same
extent as if it were copied at length herein."
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Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same, shall in any way affect its obligation
on this bond., and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 7 `=h day of July 2006,
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Sur.eTec Insu ance '
I Principal Surety
By By Jack Dav'
1 Title Title Attorney-Tn-fac
Address Address 16980 Dallas Pkwy
Dallas, TX 75248
The name and address of the Resident Agent of Surety is;
Bell Insurance Agency, 16980 Dallas Parkway, Dallas, TX 75248
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PAYMENT BOND
j BOND No. 4353696
j STATE OF TEXAS }
COUNTY OF TARRANT }
KNOW ALL MEN BY THESE PRESENTS: That Brock Paving Ind-of the City of
Roanoke , County of Tarrant , and the State of Texas, as principal, and
SureTec Insurance Company (surety company) authorized under the laws of the
State of Texas to act as surety on bonds for principals, are held and firmly bond unto the Town
of Westlake, Texas (Owner), in the penal sum of $87,415.00 for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors, and assigns,jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the 26 day of June, 2006, to asphalt parking lot and Utilities improvement, which
contract is hereby referred to and made part hereof as fully and to the same extent as if copied
at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in
the prosecution of the work provided for in said contract, then, this obligation shall be void;
I otherwise to remain in full force and effect:
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"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
j Chapter 2253 of the Texas Government Code for Public Works as amended and all liabilities on
this bond shall be determined in accordance with the provisions of said Chapter to the same
extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same, shall in any way affect its obligation
on this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 7th day of July , 2006.
SureTec Ins ranc ompa y
Principal Surety
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BY Jack Davi
By
Title Title Attorney "=fact
Address Address 16980 Dallas Parkway
Dallas, TX 75248
The name and address of the Resident Agent of Sure__tVy is
Bell Insurance Agency, 16980 Dallas Par way,
Dallas, TX 75248
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PB-2
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MAINTENANCE BOND
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THE STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT }
THAT Brock Paving Inde Inc. as Principal, and
SureTec Insura ncP Company (surety Company), a corporation
organized under the laws of the State of Texas as
Sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the
Town of Westlake, a municipal corporation, chartered by virtue of a special act of the
Legislature of the State of Texas, at Westlake, Tarrant County, Texas, the sum of
$27,415.00 for the payment of which sum will truly be
made unto said Town of Westlake, and its successors, and said principal and sureties do
' hereby bind themselves, their assigns and successors jointly and severally.
THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said
I Brook Paving has this day entered into a written contract with the said Town of Westlake
to build and construct Asphalt parking lot and Utilities improvement, which contract and the
plans and specifications therein mentioned, adopted by the Town of Westlake are hereby
expressly made a part thereof as though the same were written embodied herein.
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WHEREAS, under the plans, specifications, and contract, it is provided that the
contractor will maintain and keep in good repair, the work herein contracted to be done and
performed, for a period of one (1) year from the date of the acceptance of said work, and to do
ail necessary repairing and/or reconstructing in whole or in part of said improvements that
should be occasioned by settlement of foundation, defective workmanship or materials
furnished in the construction or any part thereof or any of the accessories thereto constructed by
the contractor. it being understood that the purpose of this section is to cover all defective
conditions arising by reason of defective material and charge the same against the said
contractor and sureties on this obligation, and the said contractor and sureties hereon shall be
subject to the liquidated damages mentioned in said contract for each day's failure on its' part to
comply with the terms of said provisions of said contract.
NOW, THEREFORE, if the said contractor shall keep and perform its' said agreement to
maintain said work and keep the same in repair for the said maintenance period of two (2)
years, as provided, then these presents shall be null and void, and have not further effect, but if
default shall be made by said contractor in the performance of its' contract to so maintain and
repair said work, then these presents shall have full force and effect, and said Town of Westlake
shall have and recover from the said contractor and its' principal and sureties damages in the
premises, as provided; and it is further agreed that this obligation shall be a continuing one
against the principal and sureties hereon, and that successive recoveries may be had hereon
for successive breaches until the full amount shall have been exhausted; and it is further
j understood that the obligation herein to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished or in any manner affected
from any cause during said time.
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IN WITNESS WHEREOF, said Brock Paving Ind. has caused these presents to be
executed by its President and the said ;,IrpTpr Tnc�iranra Company
(name of surety company) has caused these Presents to be executed by its' attorney-in-fact and
I the said
Attorney-in-fact, Jack Davis (name of attorney) has hereunto set his hand, this
} the 7th day of July 200 .
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Principal: Surety: SureTec Insurance Company
Brock Paving Ind. Inc. Suretec Insurance pony
Name of contractor's company Name i`opuranc corn ny
Signature Signat r .
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Name of Representative—Title (print) Name of Representative-Title (p int)
fWitness: Attest:
I Signature Signature
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Note: Date of Maintenance Bond must not be prior to date of contract.
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a*ss €: 42.2 1 0774
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Surel"ec Insurance Company
LIMITED POWER OF ATTORNIEV
Know All ifen by These Presents, That SURE.T.EC IvSURANICE COMPANY (the "Cornpany"), a corporation duly organized. and
existing under the laws of the State of texas, and having its principal office in Houston, Har-ris County, Texas, sloes by these presents
make,constitute and appoint Betty ltanan:cidicner.Suzanne-Flores, tack N1.Davis,Vincent Cell
of Dallas Texas its true and lawful Attorney(s)-iii-fact, with full power and authority hereby conferred in its name,place and stead, to
execute, acknowledge and deliver any and all bands, recognizances,undertakings or other instrttmenis or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not:exceed
Five Million and no/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the president,sealed with the corporate
sea] of the Company and duly attested by its Secretary, hereby ratifying and contitantrig all that the said Attorney(s)-in-.Fact may do in the
prenrr es. Said appointment shall continue in force until ,August 1 "006 � and is trade tinder and by authority of the following
resolutions of the Board of Directors of the SureTec li suranre Company: {
Ile it Resolved, that the President,any ti'ice-Pi csident,any Assistant.Vice-President any Secretary or any As istant Secietaty shall be and is
hereby vested with full powcr and authority to appoint any one or more suitable persons as Attor ncy(s)-in-Fact to represent and act for and on
behalf ofthe Company subject to the following provisions:
,ittome-in-Fowt may be given full power and.ntthoritw for and in the name of and of behalf of the Company,to execute, acknowledge and
;{ehver,
any and all bonds,recogr r=.am;es,contras, agree,uents or indemnity.Jird otirci conditional et obligatory undertakings and any and all
otices
and documents canceling or tem inating the Come-ant's liability thereunder, and any such instrurnents so executed by .any such
Attoiney-in-Fact shalt be binding upon the Compar y a,ifsigred by the President and sealed and effected by the Corporate`secretary.
!ie it Resolved, that the signature of any authorized officer and seal o.f the Company hctctofore or tic i-rafter affixed to any power of attorne:v or
any ccrtiticale relating thereto by facsimile,and any power of attomey or certificate bearing facsimile signature of t.resirudc seal shall be valid
and binding upon the Company with respect to any born or undertaking to which it is attached. ,(Adopted at a ineeting held on 2W'o/Al,r•il,
i9991
fn )[Vrtns rx f3 to r•eoSL-R�Tf C-INSUR �N(A- COMPANY leas caused these presents to be signed by its president,and its corporate seal
to be lie;-Io affi,ed this 20th clay of.June,A.l) 2005.
jRETIEC'INSU "CE CONts}r�1''<'Y
Bye.
dill.King, re .c int
State of Tex as ss:
.h a
County ofi-tar7is •• ..._..
On this 201h day of June,A.D. 20075 before me personally carie Bili Ding, to me known.who, being by me duly sworn, did depose and say, that he.
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resides in Houston,Texas, that he is President of SURE'TEC INSURANCE COMPANY, the company described in and which executed the, abmc p y'
instrunrcnt; that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
WNW Denny
Notary AAft
Skft of TO=
rMV COMMWon E)#Os , i',iichelle Denny°,Notary Pu
August 2702008 t My c otnntission expires August 27.2008
1,M Prci,Rcaty,Assistant Secrctary of St 1RF-TF('INSURANI'F:COMPANY,do Hereby cratify that the above and foregoing is a titre and correct copy
of a Post��f'Attonrev,executed by said C;ontpany; which is still in full force and effect;and ftu'tthertnore, the resolutions of the Board of Directors,set
out in the rower ol'Altornovaic in full force atid Ofe;t_
Given under my francs and t re sea]of said Company al.l low ton,Texas this day of 20 A,1).
1't'i, rent Beaty,Assistant Se re. ry
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
Bell Insurance Agency ADDITIONAL RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
16980 Dallas Parkway_ AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURED COMPANIES AFFORDING COVERAGE —
Brock PAving INdustries, Inc. COMPANr --
845 Enterprise Place, #8 A Assocation Casualty
COMPANY - --_ - - - -
Roanoke, TX 76262 B
COMPANY ------ ------ - -
C
COMPANY
D
COVERAGESTHIS IS TO CERTIFY TO THE DIRECTOR OF PUBLIC WORKS THAT THE FOLLOWING POLICIES OF INSURANCE,SUBJECT TO THEIR TERMS,CONDITIONS AND EXCLUSIONS,HAVE BEEN
ISSUED BY THE COMPANIES COVERING THE INSURED NAMED BELOW FOR THE TYPES OF OPERATIONS AND AT THE LOCATIONS DESCRIBED HEREIN. IT IS UNDERSTOOD AND
AGREED THAT NONE OF THE POLICES REFERENCED HEREIN WILL BE CANCELED,CHANGED,REDUCED IN COVERAGE.OR ALLOWED TO EXPIRED WITHOUT AT LEAST THIRTY(30)
DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL TO THE DIRECTOR OF PUBLIC WORKS AT THE ADDRESS LISTED UNDER CERTIFICATE HOLDER BELOW,
TYPE OF LIABILITY POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
DATE DATE
GENERAL LIABILITY -
GENERAL AGGREGATE
X COMM GEN LIABILITY CMP0101029 3/13/06 3/13/07 - -- --- - - - __ . S 2,000,OOC
A CLAIMS MADE PRODUCTS-COMP/OP AGG
PERSONAL&ADV INJURY S 2,00(0},00C
S �,OOO,OOC
EACH OCCURRENCE S 1,000,00C
FIRE DAMAGE(any one fire) s 5,000
CITY ADDITIONAL INSURED MED EXP(anp one person) c
AUTOMOBILE LABILITn COMBINED SINGLE LIMIT t 10,000
X ANYAUTO CAP0200657 3/13/06 3/13/07 s 1,000,00C
BODILY INJURY(per person)
A" U
- 'NcD A-70S BODILY INJURY(per acaoe.i;i S
A' SCHEDULED ALTOS PROPERTY DAMAGE S
HIRED AUTOS
NON-OWNED AUTOS
C!T't ADDITIONAL INSUREC
GARAGE-At31UTY
A., 0 ONLY-EA ACCT✓ENT S
ANY A11-C -. _..
OTHER THAN AIJTC ONLY c
CITY ACD:7,CNA-INSiiRED EACH ACCIDENT S
AGGREGA'E c
EXCESS_:AB:'_:'., EACH OCCRRENCE `
XUAIBRELAFORm, CU0001715 3/13/06 3/13/07 AGGREGATE ' 2,000,00(
5 2,000,00c
A OTHER THAN UMBR
CITY ADCITIGNAL INSURED
":GRhERSC,s;;-NSA.-'°,` WCA0400500 3/13/06 3/13/07 `"A:�-DRv_'-'"s
Er,Ac�nvco'_:ABiI�-v
A $1,000,00(
_Act
INCL ExcL .. 1,000,00(
Rist.nuude-s R,sF __AsE .E
- 1,000,00(
C--ER
ENDORSEMEN'S ,,PEASE C .-�r<6:-Ry tirH�.EtvDGRSEh',E4 S';ra E BcEN A-AC .G-HESE POLICIES:
Preauses/Cperanohs Proc-cis'Com I Operations
P CG 2503'Amended agfrega:e L,rnn et Ins.:rance per Prc;ed
6:an1 Conn-+oic na-r„Ies> CwnecG;n,r.,ccr Pm i,cu- E'plosion Wtap>e&uac,grodr Damage,xc;,
Extended Bomly Injury 6roac Form PD Personal mi-y,with employment e—us,or,deieted k...,. �04A`msd�c X
CERTIFICATE HOLDER CANCELLATION
THE TOWN OF WESTLAKE has been named an additional insured by an endorsement to the Should any of the above described policies be canceled
coverages, other than Workers' Compensation and Employers' Liability, listed herein with before the expiration date thereof,the issuing company will
regard to the Insured's activities under this project and all premiums arising from the mail at least thirty (30) days advance written notice to the
coverages herein shall be the responsibility of the Insured. certificate holder by certified mail.
CONTRACTUAL LIABILITY _ - - - -- SIGNATURE
Subject td policy terms.conditions and e.clus ons.specific Contr ctua;Lability coverage is provloed as follows Authorized Repres ntat e
❑ Only for liability assumed by the insure.under its Contract with the Town of Westlake for the operations described
herelr
u Ali Cornracts between the Insured and the Town d'W esuaKe
ACKNOWLEDGEMENT, -
On this day of personally appeared
.` - an aulhor.zed representative of
j f (name of producer)known to me to be the person whose name is subscaloee to the forecang Instrument and
ack ow ril al Is e c to Ine same for the purpose of proving that the Insureds covered by the poli=NOVP
aoov
ss!wwoD AN .-s LI00 M
Not'ry Pbhc in and for the S' of , My Commission Expires gnd 20N U. ,'=5
Note: Similar form may be used.
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