HomeMy WebLinkAboutRes 22-68 B&R Utility Construction Water Line Pearson LaneI E,
WHEREAS, the Town of Westlake owns and operates a water pump station on US 377 and
provides water to, the Westlake community; and,
WHEREAS, the Town of Westlake finds extending the eight water lines just south of Wyck
Hill to Timber Ridge Lane will create a looped water line that will benefit the Westlake
community; and,
WHEREAS, Four Westlake residents that are currently on the City of Keller water system
will be switched to Westlake water; and,
WHEREAS, Four Westlake residents will receive a new water meter at no cost; and,
WHEREAS, The bid proposal from B & R Utility Construction to install a water line extension on
Pearson Lane includes all labor and materials; and,
WHERE, AS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAYCE, TEXAS:
SECTION 1: That, all matters stated in the Recitals liereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the 'sown Council of the Town of Westlake hereby authorizing the Acting Town
Manager to approve the bid proposal to install a water line extension on Pearson Road as attached as
Exhibit "A" and authorize Acting Town Manager to make funding changes not to exceed $25,000 on
this project.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court
of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the
Council hereby determines that it would have adopted this Resolution without the invalid provision.
SECTION 4- That this resolution shall become effective from and after its, date of passage.
Resolution 22-68
Page 1 of 2
ATTEST -
Sean Kilbride, Mayor
Amy M. ukana, Town Secretary
jk-6,1
L, '-.4,anton Lovkr�, Town Atwrnev
N;I
Resolution 22-68
Page 2 of 2
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
EXTENSIONWATER L,INE
WI s F * LANE
September 0
► »"
TOWN' COUNCIL
KIM GREAVES CHANDRIKA DASGUPTA ANNA WRITE
JARR:OD GREENWOOD
DEPUTY TOWN MANAGER
MIKE PETERSON, P.E.
TOWN ENGINEER
GRAHAM ASSOCIATES„ INC.
CONSULTING ENGINEERS & PLANNERS
600 SIX FLAGS DR., SUITE 506
ARLINGTON, TEXAS 76011
PHONE: (817) 640-8555
PROJECT LOCATION
NTS.
Capital Improvements Project — Water Improvements shall consist of the repairs to
existing water utilities and more specifically:
Pearson Lane —Water Line Extension
Sealed proposals for the above referenced project will be received at the Town Hall, Town of
Westlake, 1500 Solana Blvd., Bldg. 7, Westlake, Texas, 76262 until 2:00p.m. October 28, 2022
(C.S.T.). Each bidder shall identify his seated proposal by typing on the outside of the envelope:
Town of Westlake
Pearson Lane Water Line Extension
Attn: Troy Meyer
1500 Solana Blvd., Bldg. 7, Suite 7200 Circle, Suite 202
Westlake, Texas 76262
The Town shall receive, publicly open, and read aloud the names of the bidders and the amounts
bid.
A pre -bid conference will be held at 2.00 p.m., Qctobqr,2,l,,..2q2J at the Town of Westlake, 1500
Solana Blvd., Bldg. 7, Suite 7200 Circle, Suite 207, Westlake, Texas 76262. All prospective
bidders should have a representative from your firm attend this pre -bid conference. Should you
have any questions or comments pertaining to this project, contact either Mike Peterson, P.E. or
Joe Perkins, P.E. at Graham Associates, Inc., the Town Engineers at (817) 640-8535.
Bid Documents will be furnished without charge to any general contractor desiring to submit a
bid for this project, and may be picked up in person at the Town Hall of Westlake, Texas or by
contacting the Town Engineers at (817) 640-8535 beginning October 3, 2022.
t SCOPE OF WORK
The scope of work for this project consists of furnishing all', labor, materials, equipment,
and incidentals for the Water Line Extension, on Pearson Road located in the Town of
Westlake. The items of work include connecting to existing water line, relocating existing
water meters, and asphalt pavement repair.
2. PREPARATION' AND SUBMISSION OF PROPOSAL
In the bid proposal, the bidder shall fill in the blanks for the "Unit Price" in words and
numerals and the "Total Amount."
See Section G2 - Proposal requirements and conditions,
3. INTERPRETATION OF QUOTED PRICES
In case of difference between the written words and any figure in a proposal, the amount
stated in writing will be considered as the bid. The contract method will be unit pricing
based on actual quantities of work installed.
4. DISCREPANCIES IN BIDS
In case of lack of clearness of a proposal, the owner will adopt the most advantageous
construction thereof or reject the bid,
5. UNBALANCED BIDS
Unreasonable or unbalanced unit prices will be cause for rejection of any bids.
6. INTERPRETATION OF SPECIFICATIONS
Any questions as to the meaning of any specifications, will be answered by addendum
which will be sent to all who have been furnished with contract documents and plans.
7. LOCAL LABOR
The Contractor, in so far as is practicable, will be expected to give preference to
employment of local citizens.
8. 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. MANUFACTURER'S 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
SUPPtlieS ftffill or exceed the requirements set out in these specifications. All materials
must be certified domestic materiais,
3-1
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.
The successful contractor will be furnished with three (3) sets of construction documents.
Should he desire more than three (3) sets, he may buy them for $20.00 per complete set.
12. LABOCLASSIFICATION 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.
The contractor shall commence work in not more than 10 working days after the work
order has been issued and shall be complete within 90 working days of issuance of the
work order. Liquidated damages shall be charged in the amount of $500.00 per day for
not completing the work within the alloted time. The days charged shall begin, at the earlier
of the date the contractor proceeds with construction or 10 working days after the work
order has been issued by the Town of Westlake. The Contractor may bid a shorter time
of completion, which will be considered by the Town in evaluation of the bids. The bid
proposal has place for the bidder to reflect the construction time.
0]hi, M &YAJa2 M
The Owner qualifies as an tax-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.
The Contractor may purchase materials for incorporation into this project by issuing his
supplier a tax exemption certificate. However, materials purchased, but not incorpoarated
into the project, such as form materials, equipment rental, etc., are not exempt from sales
taxes,
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:
3-2
Tvoe of Insurance Amount
1Worker's Compensation Amset forth inthe Worker's
Compensation Act.
2. Commercial General Each Occurrence $500.000
Liability (Public) General Aggregate $1,000,000
Products Corno/OpsAgg. $1.000,000
The Town of Westlake shall be named as an additional insured on the Comrnmno|a|
General Liability (Public) Insurance Policy furnished by the Contractor.
Each insurance policy shall contain a provision requiring that thirty (30) days prior to
expiration, cancellation, non -renewal or any material change in coverage, a notice thereof
shall begiven by certified mail tothe Town ofWestlake, 15OOSolana B|vd..Bldg. 7.Suite
72OO.Westlake, Texas 76263.
Companies issuing the insurance policies shall have no nBoomrae against the Town for
payment ofany premiums orassessments for any deductibles which are at the sole
responsibility and risk ofthe Contractor.
A Certificate of Insurance indicating that the insurance is in force shall be furnished to the
Town.
The coverages provided herein shall be primary and noncontributory with any other
insurance maintained by the Town of VVest|akm. Texas, for its benefit, including self
insurance.
In the event any insurance policy shown on the Certificate of Insurance has an expiration
date that is prior to the completion and final acceptance of the project by the Town of
Westlake, the Contractor shall furnish the Town proof of identical continued coverage no
later than, thirty (3O)days prior hothe expiration date shown onthe Certificate mfInsurance.
The Contractor shall not commence work on any Contract in the Town of Westlake until
the Contractor has obtained all the insurance required under this paragraph and such
insurance has been approved bythe Town.
3-3
ING
ENCLOSED s D WITH THIS PROPOSAL
w-. errO. I IS
A CASHIER'SO
CERTIFIED
FOR 4% Greatest Amount Bid ($ DOLLARS, OR A
PROPOSAL BODOLLARS,
AGREED SHALL BE COLLECTED AND RETAINED BY THE OWNER AS LIQUIDATED
DAMAGES G OWLIF, r { f
PROPOSAL IS ACCEPTED BY THE OWNER AND RECEIVED BY THE UNDERSIGNED;
OTHERWISE, SAID CHECK OR BOND SHALL BE RETURNED TO THE UNDERSIGNED,
UPON D
PROPOSAL
UTILITY CONSTRUCTION,LLIC
Ph:one 817447-8346 8625 BROOKS RD BURLESON,TX 76028 Fax 682-703-8377
Estimator: JEFF REEDY brufiR1612i Date: October 26, 2022
Estimator Phone: 817-896-173,4 Quote: G
To: TROY ME- YER Phone: 0
TOWN OF WEST LAKE Fax: 0
0
0
11111111111 10111111;111
12
Item
Qty
Unit
Description
Unit Price
Extended Price
I
I
LS
MOBILIZATION
$ 3,600.00
$ 3,600.00
2
1
LS
SITE, PREP CLEARING
$ 5,80O.00
$ 5,800.00
3
1
LS
'FRJFFIC CONTROL
$ 2,500.00
$ 2,500.00
4
2
EA
CONNECT TO EX WATER LINE
S
$ *09m
5
596
LF
8" DR-1 8 WATERLINE
75.00
$ 44,700.00
6
39
LF
6" DR-18 WATER LINE
103.00
$ 4,017-00
7
2
EA
8" GATE VALVE
$ 2,600.00
$ 5,200.00
8
1
EA
8" PLUG
$ 600.00
S 600.00
9
0.61
EA
DI FITTINGS
$ 7,500,00
$ 4,575.00
10
596
LF
TRENCH SAFETY
$ 100
$ 1,192.00
11
4
EA
RELOCATE EX WATER METERS
S 2,100.00
8,400.00
12
25
Sy
ASPHALT PAVEMENT REPAIR
$ 94.00
$ 2,350.00
13
0
0
0
S -
g�",93� z-11
Project Sub Total
Bond Cost
Project Grand Total
7,
MISTITMENT Of
ROU Mal, 11",
I ORTF 11 111 11 ":IE
Ll
The following modifications, clarifications, additions, or deletions shall be made to the
appropriate sheets and sections of the Contract Documents:
2. The Town of Westlake Bid Bond is included as part of this addendum. It shall be sign:
and included with each bid, i
To: Town of Westlake
The undersigned Bidder having thoroughly examined the contract documents, including
specifications, the site of the project and understanding the amount of work to be done and the
prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and
material, except as specified to be furnished by the Town, which is necessary to fully complete all
of the work as provided in the contract documents and subject to the inspection and approval of
the Town of Westlake, Texas, and binds himself UPOD acceptance of this Proposal to execute a
contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if any,
as may be required by the contract documents for the performing and completing of said work.
Contractor proposes to do the work within the time stated and for the following sum:
ONTO T-11XV4 -040T 14- HFX -1- 1 M,
ITEM
QUANTITY
DESCRIPTION & PRICE IN WORDS
UNIT TOTAL
O.
AND UNIT
PRICE PRICE
I L.S.
Mobilization for the sum of:
Dollars
"n_.-Cents
Per Lump Sum
S C S
2
1 L.S.
Site preparation, including clearing and
grubbing on Pearson Lane for the SLI111 of:
Cents
Per Lump Sum
S S.5,900
3
1 D.S.
Temporary Traffic Control on
Pearson Lane for the sum of;
Hars
"g=o Cents
Per Lump Sum
$
I
4
2 EA
Connect to Existing Water Line on
Pearson Lan for tale suill of.
Cents
Pcr Each
e,
S S
ITEM
QUANTITY
DESCRIPTION & PRICE IN WORDS
UNIT
TOTAL
NO,
AND UNIT
PRICE
PRICE
5
596
L.F.
8" C900 DR 18 PVC Pipe
complete in -place for;
Dollars
eN
cents
Per Linear Foot
S:7
S
6
39
L.F.
6" C900 DR 18 PVC Pipe
complete in -place for;
tl�
Dollars
f-j 0
Cents
Per Linear Foot
$
S
7
2
EA
8" Gate Valve
complete in -place for;
%ollars
Cents
Per Each
$
$
8
1
EA
8" PILIg
complete in -place for:
Dollars
Per Each
Cents
SOO'
S
9
0,61
TON
Ductile Iron Fittings,
complete in -place for:
o ars
Per Ton
Cents
00
S -
S
10
596
L.F.
Trench Safety, complete in -place for;
Dollars
Per Linear Foot
Cents
S
S
4
EA.
Relocate Existing Water Meter &
Reconnect to Service Line
complete in -place for;
Cents
ou
0
0
P/00
Per Each
S
S . . . . I ................ .
P-2
2 25 S.Y
Asphalt Pavement Repair
Pearson Lane, complete en -place for:
Dollars
-In Gents
Per Square Yard
SUBTOTAL
Pm3
y
SUBTOTAL FOR WATER LINE
(BASE PROJECT #1)
*TOTAL PROJECT Z-z2
*Total Project Cost includes bonds, traffic control and other incidentals necessary to
complete the work scope of this contract.
This total must agree with the total amount bid,
C�l
For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for
any material incorporated into the project in excess of the estimated quantity provided for herein
will be no more than the invoice price for such material to the Contractor,
(THIS AREA INTENTIONALLY LEFT BLANK)
P-4
PART B - PROPOSAL (Continued)
Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal
contract and will deliver an approved Surety Bond and such other bonds as required by the Conti -act
Documents, for the faithful performance of the Contract. The attached bid security in the amount
of 5% is to become the property of the Owner in the event the contract and bond or bonds are not
executed and delivered within the time above set forth, as liquidated damages for the delay and
additional work caused thereby.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors, or employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against.
The bidder agrees to begin construction Within 10 calendar days, after the issuance of the Notice
to Proceed with Construction (Work Order), and to complete the contract within 90 calendar
days after receipt of said notice.
Receipt is acknowledged of the following addenda:
Addendum No. I g. - (Seal) if bidder Corporation
Addendum No. 2
Addendum No. 3
Respectfully submitted
Comp Banned & Ree0y
UtIlit Constructionr LLC
425 Brook!S Rd
76028
Name: Bu_rjesonp TX Signature:
Title: C, i --t-
Address- ?6.2 tr FS? — k-" 9- 6
Je
City, State, Zip: ur "I's
Phone:
Fax:
M
Date: /0- P - -2
TWO YEAR / TWENTY PERCENT
WESTLAKE
MAINTENANCE BOND
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That
AS PRINCIPAL, AND
(NAME OF SURETY)
a corporation organized under the laws of
RM
as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the
Town of Westlake
(NAME OF OWNER)
a inunicipal corporation, the sum of
(AMOUNT DETERMINED BY 20% OF TOTAL CONTRACT PRICE)
Dollars (S ) for the payment of which sum will and truly to be made unto said
(NAME OF OWNER)
and its successors, said principal and sureties do hereby bind themselves their assigns, and successors jointly
and severally -
This obligation is conditioned, however, that, whereas said
(NAME OF CONTRACTOR)
has this day entered into a written contract with said Town of FVestlake
(NAME OF OWNER)
to build and construct the Pearson Lane -- Water Line Extension
(DESCRIPTION OF PROJECT AS IT APPEARS ON COVER OF CONTRACT DOCUMENTS)
which contract and the plans and specifications therein mentioned and adopted by the
LQLvn j o PVestialce
are hereby expressly inade a part thereof as though the same were written and embodied herein.
Z7
5-1
WHEREAS, under the specifications and contract, it is provided that the Contractor shall
maintain and keep in good repair the work constructed and/or equipment furnished by him as
contemplated by the plans, specifications, drawings, etc., and perform for a period of Two Q year(s).
The period shall be two (2) years from the date of acceptance as shown on the "Certificate of
Completion" as issued by the Engineer, or the date of final payment by the Owner, whichever bears the
later date, all necessary repairs, reconstruction and renewal of any part of said construction, and to furnish
the labor and materials to make good and to repair any defective condition growing out of or on account
of the breakage or failure of any substance or the improper function of any part of the construction work.
The Contractor shall reimburse the Owner for the costs of all Engineering and special services required to
be furnished by the Owner which are directly attributable to the restoration of the constructed work. Said
maintenance contemplates the complete restoration of the constructed work to a functional use during the
said period as set forth above. It is being understood that the purpose of this section is to require the
correction of all defective conditions resulting from materials furnished or work and labor performed by
the said Contractor under the conditions, prescribed by the plans and specifications; and in case the said
Contractor shall fail or refuse to perform as provided within ten (10) days after proper written
notifications have been furnished to him by the Owner, it is agreed that the Owner may do said work and
supply such materials and the said Contractor and Sureties herein shall be subject to the liquidated
damages mentioned in said Contract for each calendar day's failure on its part to comply with the terms of
the said provision of said Contract of this Maintenance Bond.
NOW THEREFORE, if the said Contractor shall keep and perforrn its said agreement to maintain said work
and keep the same in good repair for the said maintenance: period as provided above, then these presents
shall be null and void and have no further effect, but if default shall be made by the said Contractor in the
performance of its contract to do so maintain and repair damages in the premises, as provided, and it is
further understood and 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 amount shall
have been exhausted,- and it is further 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 clause during said time.
IN WITNESS WHEREOF, the said
has caused these presents to be executed by
and the said
has caused these presents to be executed by its
(NAME OF CONTRACTOR)
(NAME OF CONTRACTOR'S AUTHORIZED SIGNER)
(NAME OF SURETY)
and the, said
(ATTORNEY -IN -FACT OR OFFICIAL) (ATTORNEY -IN -FACT OR OFFICIAL)
has hereto set his hand this the day of 2022,
5-2
By: _
ATTEST:
MM
SURETY
SURETY
ATTEST:
By:
NoTE: Date of Maintenance Bond must not be prior to date of contract.
Power of Attorney must be attached.
SECRETARY
5-3
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That of the
City of County of and State of as principal,,
and authorized under the laws of the State of Texas to
act as surety on bonds for principals, are held and firrnly bound unto Town of Wesdake (Owner),
in the penal sum of Dollars ($
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 day of 1 2022, to
Build and Construct the Water Line Extension
Pearson Lane
which contract is hereby referred to and made a 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 faithfully perform said Contract and shall in all respects duty 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;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article
5.160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas
as amended and all liabilities on this bond shall be determined in accordance with the provisions
of said Article 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 aCC0rnpanyiD,g 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
*Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. 6-1
IN WITNESS WHER-EOF, the said Principal and Surety have signed and sealed this
instrument this day of 1 2021
12"IM141
By: _
Title:
Address:
SURETY
By:
Title:
Address:
The name and address of the Resident Agent of Surety is:
6-2
PAYMENTBOND
STATE OF TEXAS
COUNTY OF TARR-ANT
KNOW ALL MEN BY THESE PRESENTS: That
of the City of County of -, and State of _, as principal,
and authorized under the laws of the State of Texas to
act as surety on bonds for principals, are held and firmly bound unto Town of Westloke (Owner),
in the penal sum of
Dollars ($ ) 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:
Build and Construct the Water Line Extension
Pearson Lane
WHEREAS, the Principal has eritered into a certain written contract with the Owner, dated
the day of , 2022, to
which contract is hereby referred to and made a 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; otherwise
to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article
5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be
determined in accordance with the provisions of said Article 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 perfon-ned thereunder, or the plans,
ng the sane, obligation on this shall in any way affect its oblig
specifications, or drawings accompanying
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 seated this
instrument this day of )2022.
PRINCIPAL
0
Title:
Address:
SURETY'
By: —
Title:
Address.
The narrie and address of the Resident Agent of Surety is:
7-2
�—. -- - , �M �
THIS AGREEMENT is dated as of the day of in the year 2022, by and
between the Town of Westlake, Texas (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forthi, 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,
Base Bid #1 Pearson Lane Water Line
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows;
Water Improvements
Pearson Lane
The Project for which the Work under the Contract Documents may
Article 2. ENGINEER.
The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S
representative, assumes 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 ten (10) days after the date of
written notice to commence work, and to complete the work on which he has bid within 90
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
ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days
of the date of the invoice. The Town of Westlake shall retain 10% of each pay application
until the work has been completed by the Contractor.
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.
7.1 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.
7A, 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.
8-2
Article 8. Contract Documents
The Contract Documents which, comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
1. Project Location Map consisting of one (1) page
2. Notice to Bidders consisting of one (1) page
3. Instructions to Bidders consisting of one (3) pages
4. Proposal (Contract Amount) consisting of ten (7) pages
5. Maintenance Bond consisting of three (3) pages
6. Performance Bond consisting of two (2) pages
T Payment Bond consisting of two (2) pages
8. Standard Form of Agreement consisting of five (5) pages
9. Certificate of Insurance consisting of one (1) page
10. Indemnification
11, Standard General Conditions consisting of forty (40) pages
12, General Conditions consisting of three (1) pages
13, Special Conditions consisting of three (3) pages
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.
8-3
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.
101.2. 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 ak covenants, agreements and obligations contained in
the Contract Documents.
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 _j 4 day of �Lakvho- 2022.
OWNER: CONTRACTOR:
Town "`0tl
104M
By: By:
Jarrod Greenwood, Deputy Town Manager
ATTEST: x 111—�JAgc----�TTEST:
Amy Piukania,row;n Secretary
Address for giving notices: Address for giving notices:
I I ii11 M
. - as 11
Westlake, Texas 76262
(if OWNER is a public body, attach
resolution authorizing execution of
Agreement. )
List name of person to whose attention
notices are to be sent'.
(If CONTRACTOR is a Corporation,
attach evidence of authority to sign.)
8-5
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
Name (Please Print)
Title
M
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOIN 77CONTRACT DOCUMENTS COYMITTEE
and
Issued and Published Jointly By
ACENational Society of American Society C JoProfessional Engineers ASCEof Civil Engineers
JUG TCjuq CouNCIL 05 ENMR{ rsG Coxtvmms professional Eoginoars in Private Practice
PROFESSIONAL ENG11\MERS IN PRIVATE .PRACTICE
apractice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
ANIERICAN COUNCEL OF ENGINEERING CONIPANMS
This document has been approved and endorsed by
The Associated Geueral Contractors of America
0*0001'11 KnowTedge for Creating
k�f Iand Sus fining
N111000 the Built Environment
Construction Specifications Institute