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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