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Res 10-14 Authorizing a Contract with Gilco Contracting TOWN OF WESTLAKE RESOLUTION NO 10-14 AUTHORIZING THE APPROVAL OF A CONTRACT WITH GILCO CONTRACTING, INC., FOR INSTALLING OF THE PARKING PAVEMENT AND UTILITIES FOR THE PARKING LOT EXPANSION OF THE SAM & MARGARET ARTS AND SCIENCES CENTER PROJECT LOCATED ON THE WESTLAKE CIVIC CAMPUS; AND AUTHORIZE TOWN MANAGER TO APPROVE CHANGES ORDERS NOT TO EXCEED $25,000.00. WHEREAS, the Town of Westlake is working to become leaders in premier educational facilities and programs; and WHEREAS, Westlake desires to produce well educated future leaders and thinkers; and WHEREAS, Westlake desires to be business partners with Westlake Academy; and WHEREAS, the Town Council finds that the parking lot expansion for the Sam & Margaret Lee Arts and Science Center benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and visitor; and WHEREAS, the Town Council finds that the parking lot expansion for the Sam & Margaret Lee Arts and Science Center is necessary for the enhancement of the Civic Campus.. 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 Gilco Contracting, Inc; authorize Town manager to approve changes orders not to exceed $25,000.00 and to execute the contract relating to the parking lot expansion for the Sam & Margaret Lee Arts and Science Center construction at the Civic Campus, attached hereto 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. Resolution 10-14 Page l 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. A00& Ik ATTEST: Laura Wheat, Mayor X Felly tdwarco Town Secretary Tomas E. , Town(Manager APPROVE SS TO RM: L. anton , To . .Attorney Resolution 10-14 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 Town of Westlake, Texas (hereinafter called OWNER) and 1 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, Arts & sciences center located at 2600 JT Ottinger Rd. which include installing of concrete parking lot, utilities, landscaping and lighting. An itemized list is provided on the scope work and construction plan. All manufacture and warrant information must be provided in three ring 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 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. 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: - -- - --.V.. r►iu1 UK-, t..LUIc (211U GAIGIIt GI t[IQ %.oVnTraGJ UoCumenis, Wos,k, 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 ante 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: u Site location map (1) page. a Notice to Bidders consisting of one (1) page. a Instructions to Bidders consisting of three (3) pages. o Bid Proposal consisting of five (5) pages. o This Agreement consisting of three (3) pages. o 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. a Experience records consisting of two (2) pages. There are no Contract Documents other than those listed above in this Article 7. 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 Qf el , 2010. OWNER: C N RACTA6 : Co P i-g A&F11J6j uc.. Town of Wstlake, Texas ' s ; Laura Wheat, Mayor ATTEST. (:W4ATTEST: Kelly ;dward, awn Secretary Address for giving notices: Address for giving notices: 3 Village Circle, Suite 202 ; -3 2,j .s`o,,,1-f W 6- 0'. Westlake, Texas 76262 .: }, _ 7 Y-Z, 7&j-,.z. (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.) EXPERIENCE RECORD SPECIFICATION AND CONTRACTS DOCtTNIENTS FOR PARKING LOT EXPANSION TOWN OF WESTLAKE CIVIC CAMPUS EXPANSION ARTS & SCIENCES CENTER June 4, 2010 TOWN OF WESTLAKE MAYOR Laura Wheat Town Council LARRY CORSON — MAYOR PRC} 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 ltemEstimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place Parking Area and Associated Utilities Contractor must provide unit pricing using the Construction plans C1.2- C5.2 1. 200 L.F. P.V.0 Sleeves (Schedule 40), for the sum of Dollars ao �c and cents $ ^ $ A,4ob. ., per linear foot 2. 80 L.F. Encase sewer line, for the sum of t'DP Dollars and 1Jd cents $ • $ 00 per linear foot 3. 123 L.F. 18" Storm drain, for the sum of YS eml? - Dollars CIO and cents $ • i $ . per linear foot 4. 52 L.F. 24" Storm drain, for the sum of :51y' � -J'>►-'Ie. Dollars and Oo cents $ " $ per linear foot 5. 2 EA. 18" Type B Headwall, for the sum of Hak*5--D Dollars and > cents $ $ ' •� per each P-4 Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 6. 2 EA. 24° Type B Headwall, for the sum of Dollars a� ars and } cents $ i �~ $ g1�C> per each 7. 1 Ea Sanitary sewer connection to existing manhole (Core Drill), for the sum of Dul3i--7,s raL5'Z>,A A= Dollars and 4o cents $ $ per each S. 1 Ea 8" Sanitary sewer plug, for the sum of `rt. T"? -i' �3 Dollars and L30 cents $ per each - 0. 1 Ea Adjust Existing-Sanitary-Sewer Manhole Rim,for the-surn--of- �I - ►� "'T� Dollars � r eo and cents $ e( 5-0 $ c� per each 10. 135 L.F. 8" Sanitary Sewer with Trace Wire, for the sum of Dollars sa and cents $ �• $ .` . per linear foot 11. 632 C.Y, Excavationes, for the sum of t-') Dollars r and T'1Pro cents $1�•� $ per cubic yard P-5 Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 12. 1 L.S. Stripping and marking parking lot, for the sum of .,-��� b - •�3- JAoJF"C>Dollars and cents $ 'V`� -~ $ 7 lump sum. 13. 2874 S.F. 4" Thick Concrete sidewalk, for the sum of �1 L� Dollars 945 and Omi x 3=►J C., cents per square foot 14. 617 L.F. Grade to Drain, for the sum of Dollars y- � f, l and r r t cents $ 01 . 642• per linear foot 15. 41 L,F. Retaining Wall (Average 2' Height), for the sum of �cJi 4� 1 OG Dollars aid Jib cents per linear foot 16. 2721 S.Y. 5" Light Duty Concrete Pavement, for the sum of ti3 Dollars and cents $ per square yard 17. 2621 S.Y. 6" Medium Duty Concrete Pavement, for the sum of '5Z3E:J Dollars and 1 t gly cents $ s $ J ` per square yard P-6 Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 18. 5342 S.Y. 6° Compacted Subgrade, for the sum of nk3 Dollars and h-)p cents $1, .. $ • .. per square yard 19. 1 Ea Barrier Free Ramp, for the sum of Dollars .+ 48 and cents $ 'J $ per each 24. 1 L.S. Erosion control, including installation maintenance and post construction removal of erosion control facilities, complete and in place, for the sum of ! it1�SJ.n� Dollars ca and _ cents $ fr $ �j�G�Oj •`�' per Lump Sum 21 1 -L.S. Tree-protection, for-the - -- - - - sum of ''• •t "�'P tF Dollars j � r✓ �p and -_ - cents $ �� $ � per Lump Sum 22. 1 L.S. Rip rap, rock dams & construction entrance, for the sum ofami-TN +7 Dollars f=iOIF r r J c f ,1 p0 .••�. av and _ Ota cents $ , b.w $ '15t , per Lump Sum 1. L.S. Payment and Performance Bond, for the sun of t:,_ Dollars ! ands ------cents $ � $ # • Lump Sum P-7 Item Estimated No. Quantity Item Description Unit Price Total Amount Furnish, construct, and install complete in place 1. L.S. 2- Year maintenance Bond, for the sum of --n4opDA&S3 Dollars j � and kX� cents $ t � $ , Lump Sum /b TOTAL AMOUNT BID $ �Iq 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 acing-days-as provided-ire-the--General-Conditions. - - Enclosed with this proposal is a cashier's or certified check, or a Bid Bond for $ a &A•z• (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, &L-C►o l r�CX� t�f Contra c .r By: P-8 Named Printed Title: �LtJiti•. Address: IWO Phone: _Z�l '7E2—1+� SEAL - IF BIDDER A CORPORATION P-9