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Res 10-13 Entering into an Agreement with Millican Well Services TOWN OF WESTLAKE RESOLUTION NO. 10-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH MILLICAN WELL SERVICE LLC., FOR INSTALLATION OF A WATER WELL ON THE WESTLAKE CIVIC CAMPUS. WHEREAS, the Town Council find that install the water well on the civic campus support good environmental stewardship: and WHEREAS, the Town Council find that install the water well will reduce the cost of monthly bill; and WHEREAS, the cost to install the water well are included in the adopted FY 2009-2010 budget. NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with Millican Well Service LLC., to install a water well on the Westlake Civic Campus, attached as Exhibit "A'; and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. 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. Resolution 10-13 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JUNE,2010. U Laufa Wheat, Mayor ATTEST- 4,11 byl �AS 4 41Wi Kel Edw s, Town Secretary Tom Brymer,7 n Ma ger APPROVED AS TO FORM: L`5fanton L owAttorney Resolution 10-13 Page 2 of 2 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2010, by and between the Tovvn of Westlake, Texas (hereinafter called OWNER) and _tY► f � ld ,rilEr�f�l •, (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. 1.1 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 Expansion located at 2600 JT Ottinger Rd, which include installing of a water water. An itemized list is provided on the scope work. All manufacture and warrant information must be provided in three rind notebook. Article 2. CONTRACT TIME. 2.1. CONTRACTOR agrees to commence work within ten (5) days after the date of written notice to commence work, and to complete the work on which he has bid within 30 working days as provided in the General Conditions. 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 summit 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. Article 5. 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 be 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 ance 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. 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. 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: e Site location map (1) page. o Notice to Bidders consisting of one (1) page. ----.---...._..__....o.......Instructions.to.Bidders consisting. of three (3) pages_ o Bid Proposal consisting of five (5) pages. o This Agreement consisting of three (3) pages. a Pre Bid Bond consisting of one (1) page. o Maintenance Bonds consisting of two (2) pages. o Performance Bond consisting of three (3) pages. o Payment Bond consisting of two (2) pages. o Bidder's requirement consisting of one (1) page. o Indemnification consisting of one (1) page. o Town of Westlake Proof of Liability insurance consisting of (1) page. o Experience records consisting of two (2) pages. There are no Contract Documents other than those listed above in this Article 7. Article 8. 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 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_ , 2010. OWNER: CONTRACTOR: Town of Westlake, Texas 1 r r By: ,1 ! By:Q_ Laura Wheat, Mayor ATTEATTEST: 1 cG> f�tl Kelly E ward,(T wn Secretary "�> aN,1�ililry ��� TRISH L LMDERS Address for giving notices: Address for giving notices: JX.4 My COMMISSION EXPIRES Nowenftr 14,2012 3 Village Circle, Suite 202 Westlake, Texas 76262 (If OWNER is a public body, attach List name of person to whose attention resolution authorizing execution of notices are to be sent: Agreement. ) (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) SPECIFICATION AND CONTRACTS DOCUMENTS FOR TOWN OF WESTLAKE CIVIC CAMPUS WATER WELL EXPANSION June 4, 2010 TOWN OF WESTLAKE MAYOR Laura Wheat Town Council LARRY CORSON — MAYOR PRO TEM CLIF COX RICK RENNHACK CAROL LANGDON TIM BRITTAN TOWN MANAGER Tom Brymer Town of Westlake 3 Village Circle Suite 202 Westlake, Tx. 76262 Phone 817-430-0941 Fax 817-430-1812 Site Map Water Well Location at 2600 JT Ottinger Rd. at the Westlake Academy Campus Well } � Location a S � i + NOTICE TO BIDDERS Sealed proposals addressed to the Town of Westlake for the installation of: WATER WELL FROM TOWN OF WESTLAKE CIVIC CAMPUS EXPANSION ALL COMPLETE BID PACKAGES MUST BE DELIVERED AND RECEIVE©BY Each bidder shall identify his sealed Proposal by typing on the outside of the envelope TOWN OF WESTLAKE ATTN: Debbie Piper- Finance Director 3 Village Cicrle Suite 202 Westlake, Texas 76262 NO LATER THAN 10:00 A.M. (C.S.T.) ON THE 14T' DAY OF JUNE 2010, OR THEY WILL, BE DEEMED AUTOMATICALLY REJECTED. All responses and requests for clarification/information shall be addressed in writing to the Town Director Facilities at the above address. Or email: tmeyer@westlake-tx.org A pre-bid conference will be held at 1:30 P.m. Tuesday, June e, 2010 in the Town Hall 3 Village Circle Suite 202, Westlake, Tx. 76262. All prospective bidders are required to have a repersentive from your firm attend this pre-bid conference. The Bid Opening will be held on Monday, June 10' at 1:00 P.M. in the Town Hail at 3 Village Cicrle Suite 202 Westlake, Tx. 76262. Plans, specifications will be furnished to any general contractor desiring to submit a bid for this project, and will be available on Friday, June 4th through Friday, June IP, from gam to 4prn Monday - Friday in person at the Town Hall, 3 Village Cicrle Suite 242, Westlake, Texas 76262. Please see Trish Landers. The Town of Westlake reserves the right to reject any or all bids, and to waive any formalities. The Town of Westlake is committed to the ideals of equal opportunity, and strongly encourages participation by HUBIMBENVBE business enterprises. INSTRUCTIONS TO BIDDERS 1. Scone of Work The work to be clone 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 Expansion located at 2600 JT Ottinger Rd. which include installing of water Well. An itemized list is provided on the scope work. All manufacture and warrant information must be provided in three ring notebook. Timetable Approde by the Town Council on June 28, 2010 Completed by on site by August 13, 2010 2. PREPARATION AND SUBMISSION OF PROPOSAL In the bid proposal, the bidder shall fill in the blanks for the"Unit Price" and the"Total Amount." 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...._---I,NTERPRETATIQN-0F SPECIFICATION-&----- Any ATION- --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. MANUFACTURERS 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 supplies fulfill or exceed the requirements set out in these specifications. 10. AFFIDAVIT OF BILLS PAID 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. 11. PLANS TO CONTRACTOR The contractor will be furnished with one (1) set of plans. Should he desire more than one (1) set, he may buy them for$20.00 per complete set. 12. LABOR CLASSIFICATION 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. 13. TIME ALLOWED FOR CONSTRUCTION The contractor shall commence work in not more than 5 calendar days after the work order has been issued and shall be substantially complete within (30) calendar days of issuance of the work order. Work on the project shall start on July 15t and must be completed on later than August 13, 2010. Liquidated damages shall be charged in the amount of $250.00 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 5 calendar days after the work order has been issued by the Town of Westlake. The Contractor shall submit in writing to the Town any request for additional time due to weather delays- Contractor will meet with the town responsive weekly to update their progress of the project. 14. SPECIAL INFORMATION - SALES TAX The owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor.-shall---comply--with—alt--statutes- and- rulings-_of.-the—State--C—omptroller-.._Qn--unit--price contracts, a final change order will be required to make final adjustment to reflect actual costs for sales tax data. 15. BID AWARD TO ONE OR MORE CONTRUCTOR S It is the intent to obtain the most cost effective benefit to the Town of Westlake, which may include selecting one contractor based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing. 16. 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: Type of Insurance Amount 1. Workerman's Compensation As set forth in the Worker's Compensation Act. 2. Commercial General Each Occurrence $500,000 Liability (Public) General Aggregate $1,000,000 Products Comp/Ops Agg_ $1,000,000 The Town of Westlake shall be named as an additional insured on the Commercial 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 be given by certified mail to the Town of Westlake, 2650 J. T. Ottinger Road, Westlake, Texas 76262. Companies issuing the insurance policies shall have no recourse against the Town for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. Certificate of proof 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 Westlake, 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 (30) days prior to the expiration date shown on the Certificate of Insurance. 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 by the Town. Bid Scapa PROPOSAL The pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, materials, and equipment to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans and binds himself on acceptance of his proposal to execute a contract and bonds, according to the accompanying forms, for performing and completing the said work within the time stated, and maintaining same as required by the detailed specifications for the following prices, to-wit: BID ITEMS Prices to be written in words. Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 1. 700 L.F. Labor and equipment to drill and construct, for the sum of I We ,L 1 C ,Dollars and _ g�0 - __cents $_2 ; � ; �? U [ per linear foot — 2. 640 L. F. 4m Steel casing, for the sum of ----- - .-.........._....�--- -©oIla r-s .. -- - - -----...__- and EN cents $ IV., D . 0 r per linear foot & 60 L. F. 4" Mill-slotted screen, for the sum of /L F•t { - Dollars and r.. cents $ 0 $ ,f S3 d 0 per linear foot Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 4. L. S. 4 '/2" x 7 718" Centralizers, for the sum of {� Dollars and_ 'Z cents $ _70, 00). $ 7o. 00 per lump sum 5. L.S. Gravel, for the sum of huff<1e-eDollars and -ZO-e c cents c. c c $ per lump sum 6. 30 L.S Portland cement, for the sum of �€ Dollars andEe_�_IenL4 rre. cents $ 131 S $ per each 7. 120 L.S. 8 1/16" Sand 50# bag, for the sum of Dollars and cents $ &J2, $ r per each 8. L.S. 20 Hole plug bentonite, for the sum of Dollars and _7Z cents $ 1,5, 00 $ per lump sum 9. L.S Labor cost and equipment to bail the well and set the pump and motor, for the sura of � jl h fDollars 1 and 7eXV cents $ Fgoo CO $ per lump sure ItemEstimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 10. EA Goulds 33GS75 pump end, for a lump sum of T Dollars and ar' cents $ $ f per each 11. EA Franklin 7 '!z hp 460v 3ph motor, for the sun of ,gluePy :Se-ofAl d1 � f.Ji rllt � �� Dollars and Ze" cents $ �V 9 9'017 $ q '7 t 00 per each 12. L.F. 674 1 'h galvanized pip TSMC, for the sum of Dollars and M'&Al . !LeC cents $ per linear foot 13. EA. 2 - 1%" Check valve, for the sum of _..r_.................. ...............__._..._._ t Dollars and ZP-eG cents $ 66,00 $ per each 14. 700 L.F. #110 wfground cable, for the sum of .1 'V 0 Dollars and [ cents per linear foot 15. EA. Well head, for the jsum of t h�ec_ �,ttj'�.£�rl(! Dollars and 'Ze?rf.6 cents $ $ 366 - 620 per each 16. L.S. Miscellaneous materials, for the sum of F-1 C_H T and _Z e k O cents $ 8 35<0-0 $ 5� o per lump sum 17. 670 L.F. Airline, for the sum of Dollars and ri F1+v cents $ ,' 50 per linear foo 18. L.S. Airline gauge and fittings, for the sum of _ ' _hAj 0 dollars and R r=-±V _cents $ • `;Z $ :? per lump sura 19. 1 L.S. Payment and Performance Bond, for the sun of F .v < ...F • ��� Y �_Dollars and cents $ L51 3,5 $ . 5q3_. Lump Sum 20. 1 L.S. 2-Year maintenance Bond for the -------- sum-of r►y e-.hi, re J iia ears and cents $ 53 $ 5 3 Lump Sum TOTAL AMOUNT BID 488v' so Receipt is acknowledged of the following addenda: Addendum No, 1 Addendum No. 2 Addendum No. 3 The undersigned bidder agrees to commence work within Seven (7) days after the date of written notice to commence work, and to complete the work on which he has bid within 30 working days as provided in the General Conditions. Enclosed with this proposal is a cashier's or certified check, or a Bid Bond for $ (4% of greatest amount bid), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within (30) days after the date advertised for the receipt of bids and the undersigned fails to execute the contract and the required bonds with the Owner, under the conditions hereof, within Five (5) days after the said proposal is accepted by the Owner and received by the undersigned; otherwise, said check or bond shall be returned to the undersigned upon demand. The undersigned hereby declares that he has visited the site and has carefully examined the contract documents relative to the work covered by the above bid. Respectfully Submitted, -Ai It/ Ua IU-7-11g Contractor By: t. C -----.._...._............._... 6 WWII Named Printed Address: _P. , 0 ^l tA ( i ' Phone_ ' ' TWO YEAR/TWENTY PERCENT