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HomeMy WebLinkAboutRes 11-09 WA Contract with Bransom to replace the Gym Floor WESTLAKE ACADEMY RESOLUTION NO. 11-09 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BRANSOM FLOOR SERVICE,INC. FOR THE TO REMOVE AND REPLACE THE GYM FLOOR. WHEREAS, the fire sprinkler system freezing up caused water damage to the gym floor on February 4, 2011; and WHEREAS,the insurance company rules to gym floor was a total lost; and WHEREAS, the Mayor and Board of Trustees of Westlake Academy, have determined it to be in the best interest of all parties to execute the agreement with Bransom Floor Service, Inc. for the removal and replacement of the gym floor; and WHEREAS,the project will be completed over the summer of 2011. WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: The above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That, the Board of Trustees Westlake Academy, hereby approves the bid for Westlake Academy from Bransom Floor Service, Inc. for removal and installation of the gym floor attached to this resolution as Exhibit "A': 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: This project will be initially being funded by the Town's general fund. Upon reimbursement of the insurance policy proceeds, the revenue will be recorded in the Academy's books and the expenditures will be transferred from the Town to the Academy. Resolution WA 11-Q9 Page 1 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY, A CHARTER SCHOOL OF THE STATE OF TEXAS, ON THE Ot' DAY OF April, 2011. Laura Wheat, President ATTEST: Kelly dwar oard Secretary Thomas E. Br uperintendent APPROV TO L.` taiiton Lo c of A rncy Resolution WA 11-09 Page 2 of 2 Exhibit A raunsom Floor ervice9 Inc.nc. WA Resolution 11-09 Established 1937 917 Woodward Street Custom Hardwood Installation Fort Worth,Texas 76107-1446 and Refinishing Specialists 817-334-0321/Fax 817-335-2507 CONTRACT bfs @bransomfloorservice.com Proposal Submitted to: Westlake Academy Date: 05-03-11 Street: 2600 JT Ottinger Road Job name: same City, State & Zip: Westlake, Texas 76262 Job site: same e-mail: tmeyer @westlake-tx.org 106-06-11 Fax: 817-430-1812 Date of Plans: S/F 07--05-11 Contact: Troy Meyer Job Phone: 817-490-5735/829-6974 WE HEREBY PROPOSE TO: Install, sand and finish hardwood floors as specified: *MATEIRAL DEPOSIT DUE OF $ 65,000.00 UPON ORDER OF MATERIAL AND SCHEDULING OF JOB. Remove water damaged floor, sub floor, sleepers and rubber base and put in onsite dumpster - $ 12,750.00 Seal slab, install 6 mil poly, 2x2 Sleepers with 3/8" Rubber Pads and 3/4" CDX Plywood cut into 4x4 sheets 7500 sq. ft. Gym Floor - $ 63,750.00 Install. 15 LB felt and 2-1/4" x 3/4" 2nd & Better Maple unfinished solid square edges/ends nailed down 7500 sq. ft- Gym Floor - $ 48,375.00 Tax - $ 2, 134.69 *WOOD DRAW DUE UPON COMPLETION OF INSTALLATION. Sand and finish new hardwood floors as specced below 7300 sq. ft. Gym Floor - $ 21,535.00 Gym Finish: Resurface complete One (1) coat sealer, Two (2) coats Acrylic Urethane Finish Strip Gym as specced below - $ 11950.00** Stripe Complete: Full Court Basketball, Full Court Volleyball 1' Baseline, Solid Keys Install Black Vented Cove Base 356 LF $ 3,791.40 *Customer will handle installation of new standards. *Shoemold, Reducers, T-molds, etc. not included unless specified. **Logo to be completed by customer. complete in accordance with specifications above for the sum of $ 154,286.09, payment to be made as follows: ALL SERVICES PAYABLE UPON COMPLETION AS SPECIFIED: All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications involving extra costs will be executed ONLY upon written orders, and will become an extra charge over and above the estimate. Our workers are fully covered by liability insurance for your protection. CONDITIONS: We will not be responsible for the removing or replacement of any furniture or appliances. A twenty percent (20%) restocking fee will be charged on all orders canceled after material is ordered. A 20% handling fee will be charged on all jobs canceled after scheduling. Due to the nature of our business "Date of Plans" could change due to unforeseen circumstances. PLEASE NOTE AND ACKNOWLEDGE OUR GZNBRAL OPBRATXNr- PROCEDURES AND LIMITATIONS. Other. Repairs, if any, are based on time + materials at $ 75.00 an hour. Excessive cleaning of slab is $ 75.00 an hour. Oak shoemold, if any is $ 1.75 LF finished/installed or $ .75 LF finished/delivered. Float work, if any, is $ 75.00 a pail. Slabs requiring excessive cleaning will be charged $ 75.00 an hour. �K Company Signature,' ACCEPTANCE OF PROPOSAL - The above prices, specifications and con ions are satisfactory and are hereby accepted. You are authorized to do work as specified. I understand that payment will be made upon completion of job as specified. CUSTOMER COPY Date of Acceptance Signature 15e ices Payable On Completion. We pp e ate Your Business. www.bransomfloorservice.ccYm AGREEMENT BETWEEN TOWN AND CONTRACTOR t THIS AGREEMENT is dated as of the day of in the year 2011,by and between the Town of Westlake, Texas (hereinafter called OWNER) and n =n6t:aa �©0-r ' /1 C e14 Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents, The Work is generally described as follows: The work to be done as covered by these contracts and specifications consists of the furnishing of all labor, shipping, materials, equipment, and incidentals for the Town of Westlake Civic Campus located at 2600 .1T Ottinger Rd. which include three or more temporary classroom buildings which include six classroom and restrooms. An itemized list is provided on the scope work and site plan. All manufacture and warrant information must be provided in two- three ring notebook. Article 2. CONTRACT TIME. 2.1. CONTRACTOR agrees to commence work within ten(S) days after the date of written notice to commence work, and to complete the work on which he has bid by�z81 "as provided in the General Conditions. F, t, Article 3. CONTRACT PRICE. 3.1 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 4. PAYMENT PROCEDURES. 4.1 CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by OWNER shall make payment to CONTRACTOR within thirty(30) days of the date of the invoice. Exhibit A WA Resolution 11-09 Article S. INTEREST. 5.1 All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 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. 6.2 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 replacement in part at any time within said period, if in the opinion of the owner, it is necessary. 6.3 To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER 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 perform 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 ar,d Regulations regardless of the negligence of any such party. 6.4 In any and all claims against OWNER 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 6.3 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. Exhibit A WA Resolution 11-09 Article 7. Contract Documents 7.1 The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: o Notice to Bidders o Instructions to Bidders o Bid Proposal o This Agreement o Pre Bid Bond 0 Maintenance Bonds o Performance Bond o Payment Bond o Bidder's Requirement o Indemnification • Town of Westlake Proof of Liability Insurance • Experience records There are no Contract Documents other than those listed above in this Article 7. Article S.TERMINATION. 8.1 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 9. MISCELLANEOUS. 9.1 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 Exhibit A WA Resolution 11-09 assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the day of j',, , 2411. OWNER: CONTRACTO : a Town of Westlake Texas 6u, i n - e i �ivic By: By: U-y ATTEST. ATTEST- Kelly E�dwar own Secretary Address for giving notices: Address for giving notices: 3 Village Circle, Suite 242 Westlake, Texas 75262 "1 .�"tYl - (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.) Exhibit A WA Resolution 11-04 General Provisions CLEAN-UP DESCRIPTION 1. The Contractor shall perform such clean-up work as is deemed necessary by the Town. 2. The work shall at all times present a neat and orderly appearance, including all construction machinery, equipment, and surplus materials. 3. The Contractor is required by the Town ordinance to use Trinity Waste for all waste disposal containers used on the project. SOLID WASTE DISPOSAL DESCRIPTION 1. The Contractor shall dispose of all waste at a Texas Department of Health (TDH) approved landfill. 2. A list of all landfills having a TDH permit is available at the Arlington Office of TDH. The North Central Texas Council of Governments (NCTCOG) has prepared, for sale, a list of all landfills in the NCTCOG region. The D/FW landfill is listed in the telephone book "Yellow Pages". 3. Alternately, the Contractor may arrange with a Commercial waste firm to simply supply a roll-off bin for disposal purposes. Several private regional landfills are available in the NCTCOG area. The contractor shall determine which method best fits the project requirements. Exhibit A WA Resolution 11-09 EXPERIENCE RECORD CONTINUED / ' a partner Submitted by: '� (. 'I°V�] ' C an individual } a corporation with principal office at 0 D r T v f U �Y� } 1`fk '7 4' ( 0 7 TO BE FILLED IN BY 16q CORPORATION TO BE FILLED IN BY PARTNERSHIPS: Date Incorporated 5 r--'F Date Formed 5./` `" s I Under the Laws of 'Tr� State whether partnership is (State) general limited or associated. Executive Officer �j �7 List of Members: i. LI�JYf,Il01501y) State of f `� County of ,CA KY'66 n P0'i bein g duly sworn, deposes and says that he is the t�;rytDbl' it1 V k (Name of Organization) v i z e-1 TjL, and that the answers to the foregoing questions on the attached forms and all statements herein are true and correct; that the experience record is made a part of this affidavit as through written in full herein, and all statements and answers to questions given in the above mentioned experience record are true and correct. a� (SikWaturej Sworn to before me this rt day of 2011. Notary Public My Commission Expires: � ��� Z��� �3 (Seal) CLINION RANDALL STUCK _'•°' ` Notary Public,State cf Texas �,. My Commission Expires February 24,2013 Exhibit A WA Resolution 11-09 I hereby certify under penalty of perjury that the information contained in this confidential financial report, including supplemental schedules, has been carefully examined by me and is correct and complete and further acknowledge that there are no misrepresentation or omissions of material facts. Dated and signed this day of ZD . Signatu i (Typed or Printed Name) (Title) 451.699-13-06/7 ]8/05] Exhibit A 'Texas Department of Banking WA Resolution 11-09 INDEMNIFICATION BY CONTRACTOR Town shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of Town, without; however, waiving any governmental immunity available to the Town under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of Town is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the Town for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of insurance evidencing the required coverage. Company Name (Contractor) Signature D 06yan Name Please Print) Ao. Title Exhibit A WA Resolution 11-09