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HomeMy WebLinkAboutRes 02-45 Declaring an Emergency and Authorizing a Contract with Angell Custom WeldingTOWN OF WESTLAKE RESOLUTION NO. 02-45 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, DECLARING AN EMERGENCY AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH ANGELL CUSTOM WELDING FOR THE CONSTRUCTION OF TEMPORARY APPARATUS BAYS FOR THE FIRE DEPARTMENT. WHEREAS, the Town has established a fire department and emergency medical services; and WHEREAS, the Town has borrowed equipment from its neighboring Cities to equip its fire and emergency medical personnel; and WHEREAS, the Town must construct a building to house the equipment in a freeze proof environment to insure that the equipment will remain operable in cold conditions; and WHEREAS, the season for freezing weather is at hand, and the Board of Aldermen considers that the need for immediate construction creates a public emergency; and WHEREAS, there is not enough time to seek competitive bids; and WHEREAS, the Town Manager's staff has sought and received comparable estimates for the construction; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby declare that emergency conditions exist requiring that construction begin immediately on the construction of a temporary facility to house fire and emergency medical equipment. SECTION 2: That the Town Manager is authorized to enter into a contract with Angell Custom Welding for the construction of temporary apparatus bays for the Fire Department, provided that a heater and bay doors are included in the contract. SECTION 3: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS I Ith DAY OF NOVEMBER 2002. ATTEST: Ginget rosswy, Town Se etaiy APPROVED AS TO FORM: r I�jstanton ov Itown Attorney Scott Bradl y, Mayor Trent O. Petty, Town Manager Annual Service Contract Pae 1 RES 02-45 BUILDING CONTRACT Westlake Emergency Services Temporary Apparatus Bays THIS CONTRACT is made and entered by and between Angell Custom Welding, hereinafter referred to as `Contractor", and the Town of Westlake, referred to as `Provider or the Town of Westlake", to be effective as hereinafter provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: I. TERM OF CONTRACT; TERMINATION; SCOPE OF WORK. (A) The initial. term of this Contract shall be a period of three (3) months commencing upon the effective date hereof, Contractor acknowledges and agrees that the building will be contrasted to the following specifications: A 40' x 50' x 32' x 18' x 8' x 32' x 14' tall building and as specified in Exhibit "A", pages 1 and 2. Colored tin with ten year warranty tin. 2-718"pipe columns 14' apart 3' in ground. 1-1/2" x 3" trusses 32' long, with 3' rise. 1-1/2" tubing-purling four (4) feet apart on roof. Six (6) each 12' skylights. Eight (8) inch C-purling around overhead doors. Door trim, peak trim, side trim, ridge cap trim. One (1) each 7' x 3' metal walk door. Rolled insulation for entire building, installed under tin. Concrete five (5) inch thick with re-bar on 18" centers, beams where fire engines back into station. One (1) mop sink, One (1) 52 gallon water heater, one (1) drain tapped into existing drain, not the town's main drain. Water line ran from existing line. No busting of concrete found on property. Electrical —one (1) 220v hookup, seven (7) walk plugs, six (6) eight (8) foot lights, wires ran to motor for overhead doors. Will pour concrete after building is erected. And items as attached and detailed in Exhibit`B". Concrete is for size of building only and extension from door. Any driveway extensions will be $4.20 per square foot extra. Total construction cost is $30,784. Annual Service Contract Page 2 H. COMPENSATION AND PROCEDURES. Provider agrees to pay Contractor hundred (100) percent of total for the services under this agreement. Fifty (50) percent upon starting job. The remaining fifty (50) satisfactory completion of all aspects of construction. III. TIME OF COMPLETION. Contractor agrees and covenants that all work hereunder shall be completed in a timely, diligent manner. From start to finish should take no longer than six (6) weeks, if weather permitting. IV. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The Contractor shall at all times exercise reasonable. precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. The Town of Westlake shall not be liable or responsible for any claims, losses, or injuries, including death, which occur as a result of the Contractor's fulfillment of this contract. V. LAWS AND ORDINANCES. The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances, regulations and policies of the Provider, which in. any manner affect the Contractor or the work, including those related to debt collection, Contractor shall. indemnify and hold harmless the Provider against any claim, arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or its agents, subcontractors, officers, directors, owners or employees. VI. INDEPENDENT CONTRACTOR; INDEMNIFICATION. The Contractor is and shall be an Independent Contractor and shall not, with respect to its acts or omissions, be deemed an agent or employee of the Provider. The Contractor shall defend, indemnify and hold harmless the Provider and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits,judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of or resulting from the performance of the work or caused by the negligent act or omission of the Contractor; its officers, agents, employees, subcontractors, licensees, or invitees. Annual Service Contract Page 3 VII. MISCELLANEOUS. (A) BINDING ON PARTIES. The undersigned represents and warrants that he or she is the duly authorized representative of the Contractor and is authorized to execute this Agreement that has been approved and accepted by the Contractor. This Agreement shall, not be considered fully executed or binding on the Provider until the same shall have been executed by Contractor, and approved and accepted by the Town of Westlake in an open meeting as required by law. This Agreement shall be binding upon the parties hereto, and their successors and assigns. PROVIDER DESIGNEE CONTRACTOR Trent Petty, Town Manager Steve Angell, President Town of Westlake Angell's Custom Welding 3 Village Circle, Suite 207 24091 FM 429 Westlake, Texas 76262 Terrell, Texas 75161 Tel. (817) 430-8648 Tel. (214) 460-6936 Fax. (817) 430-0967 Fax. (972) 524-8479 (I) EFFECTIVE DATE. The effective date for this annual service contract shall be October 28, 2002. Annual Service Contract Pae 4 IN WITNESS WHEREOF, the parties have executed this Contract in the year and on the day set forth below, CONTRACTOR: Angell's Custom Welding Date: 11- 19- OQ By:- -,%- Xul A k N,-,I AA Steve Angell, President P"Fe ATTEST L - e Witness TOWN OF WESTLAKE Date: By: Trent O. Petty, Town Manager APPROVED AS TO FORM: Provider Attorney Annual Service Contract Page 5 ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF T*RRA-1h4 0 41f�l ✓r-"v"" On this J 3 day of Novemb,!.f ,2002, before me, a Notary Public, commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Steve Angell to me personally well known who stated that the was the PRESIDENT of ANGELL CUSTOM WELDING, and he was duly authorized in his capacity to execute the annexed and foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal I this the /8 day of , 2002. ,...... o*.r ",;, ROSEMARY MEDINANotary PublicState of TexasComm. Expires 05-08-2004 Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF T-A4HT BEFORE ME, the undersigned authority, on this day personally appeared Trent Petty, Provider Designee of TOWN OF WESTLAKE.known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the Town of Westlake for the purposes and consideration therein expressed and the capacity therein stated. Given under my hand and seal of office this the day of , 2002. Notary Public in and for the State of Texas EXHIBIT A i3G, 011 321011 V o,. 181011 .--12' 0"--.*.; 0 181 011 + 0 1$' 0" 1 :J- 32' �r 10 i- co or- �t T- LO 321011 .-- _ d �r LO d � �- MM tV 011 32' 0" 16' 3" i.{I Note the two poles that we will have to put in the real-to make the overhang! 50I A lug° lug Ph PI Ug 14 13 r 131 low co CD 41 4 F� t i Ws 6 N co 220 Ar Plua 18 I g Plug 181 -32' FArim Station 1.CZD—11/52002—lin=6.27R— EXHIBIT B Memo To: TRENT PETTY,TOWN MANAGER From: DON WILSON Date: 11/15/2002 Re: BUILDING The following information is provided concerning the proposed apparatus bays for the Town of Westlake-Fire Services. The metal building is designed to be a temporary facility to house a fire engine, an ambulance, and a brush unit. The building will have a small portion for storing equipment and allowing minor maintenance to be performed. The contract is being awarded to Angell Custom Welding of Terrell, Texas who was selected as low bidder for this project. Angell Custom Welding has agreed to construct the approximately 1,856 square foot building for$30,784.00. Attached for supporting documentation is the following items: ❖ Memorandum dated 10/14/2002 outlining quotes received and their amounts. Please note negotiations with low bidder were conducted for reduction of size in building and thus reducing the of overall construction cost bringing cost within project estimates. This reduction will not adversely affect the functionality of the building. The option to pave the front parking area (amount shown in parenthesis) was not selected. The current compacted base material is adequate for vehicular parking. ❖ A copy of the contract between the Town of Westlake and Angell Custom Welding. Included in this document is an attachment outlining the building's footprint and dimensions as proposed. ❖ Original site plan for the project. Only changes to the site plan are the actual footprint of the building and the omission of the asphalt paving. An approach from the street to stop vehicular damage to street edge has been provided and paid for. A concrete approach, approximately four (4) feet will be poured in front of the building and is included in concrete work price. The project is designed to be turn key with the cost including heating, the doors and motors (automatic bay doors with windows and a passage door),plumbing for water heater and wash basin, and wiring for 220 volts as well as 110 voltage outlets spaced throughout the building. There are no windows in the building except the aforementioned windows in the bay doors. Skylights are provided, front and rear over each apparatus bay, as well as eight(8)foot ceiling mounted fluorescent lights designed to illuminate walk/work areas between apparatus. The color of the building will be gray,corresponding with that of the modular building on site currently being utilized for living quarters. The front appearance will be that of a straight wall building with the offset set in the rear of the building. Roof slope will be from the front to the center ridgeline to the rear of the building. If you have any questions,please do not hesitate to contact me. 0 Page 2