RES 1998-20TOWN OF TROPHY CLUB, TEXAS
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS ACCEPTING A BID FROM AND
AWARDING A BID TO WESTHILL CONSTRUCTION FOR
THE CONSTRUCTION OF CERTAIN STREET REPAIRS AS
DESIGNATED IN EXHIBIT A IN THE AMOUNT OF ONE
HUNDRED THOUSAND SEVEN HUNDRED AND FIFTY
DOLLARS ($100,750.00); AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE A CONTRACT FOR THE SAID
STREET REPAIR WITH WESTHILL CONSTRUCTION;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. The Town Council of the Town of Trophy Club, Texas (the "Town") does
hereby accept the bid in the amount of One Hundred Thousand Seven Hundred and Fifty Dollars
($100,750.00) from, and award the said bid to, Westhill Construction for the construction of
certain repairs at various locations within the Town of Trophy Club to be determined as estimated
and as described in the documents attached hereto as Exhibit A.
Section 2. The Mayor of the Town is hereby authorized and directed to execute a contract
with Westhill Construction for the performance of the said street repair.
Section 3. This Resolution shall take effect from and after its date of adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this
the 1st day of September 1998.
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
AP PR D AS TO F RM:
To n Attorney,
Town of Trophy Club, Texas
DOC #: 631078
ADDENDUM NO. 2
TO THE
CONTRACT DOCUMENTS
FOR
ANNUAL MISC. CURB REPAIRS
(July 1998 thru June 1999)
TOWN OF TROPHY CLUB, TEXAS
PROJECT: - TNP Project No. TR098249
OWNER: Town of Trophy Club
CONSULTING ENGINEERS: Teague Nall and Perkins, Inc.
915 Florence Street
Fort Worth, Texas 76102
(817) 336-5773; FAX (817) 336-2813
DATE OF ADDENDUM:
1.01 GENERAL
August 20, 1998
August 27, 1998
A. This addendum modifies the plans, specifications and contract documents
dated July 1998, as noted within and shall become part of the Contract
Documents.
B. Bidders shall acknowledge receipt of this addendum in the space provided
on the Bid Proposal. Failure to do so may subject the bidder to disqualifica-
tion.
ADDENDUM NO. 1
TO THE
CONTRACT DOCUMENTS
FOR
ANNUAL MISC. CURB REPAIRS
(July 1998 thru June 1999)
TOWN OF TROPHY CLUB, TEXAS
PROJECT: TNP Project No. TRO98249
OWNER: Town of Trophy Club
CONSULTING ENGINEERS: Teague Nall and Perkins, Inc.
915 Florence Street
Fort Worth, Texas 76102
(817) 336-5773; FAX (817) 336-2813
1.01 GENERAL
August 17, 1998
August 18, 1998
A. This addendum modifies the plans, specifications and contract documents
dated July 1998, as noted within and shall become part of the Contract
Documents.
B. Bidders shall acknowledge receipt of this addendum in the space provided -
on the Bid Proposal. Failure to do so may subject the bidder to disqualifica-
tion.
1.02 DOCUMENT - PART A: NOTICE TO BIDDERS
A. The published bid date and time have been extended and are now revised
from 10:00 A.M. Tuesday, August 18 to 10:00 A.M. Thursday, August 27,
1998.
This addendum is being faxed today and mailed to all bidders.
1
SPECIAL INSTRUCTIONS TO BIDDERS
1. BID SECURITY: A cashier's check or an acceptable Bidder's Bond, payable to the Town
of Trophy Club, in an amount of not less than five (5 %) percent of the largest possible
total of the bid submitted must accompany the bid, and is subject to forfeit in the event the
successful bidder fails to execute the Contract Documents within ten (10) days after the
contract has been awarded. For the bid bond to be acceptable, the surety company issuing
said bond shall be licensed to do business in the State of Texas and shall be included on
the current U.S. Treasury list of acceptable sureties, and the amount of the bond written
by any one acceptable company shall not exceed the amount shown on the Treasury list for
that company.
2. BOND/WARRANTY: For the proposed improvements, a performance bond and a
payment bond, each for one hundred (100%) percent of the contract price for said
improvements will be required; also, a two-year maintenance bond for one -hundred
(100 %) percent of the contract price for said improvements will be required. Bonds shall
be payable to the Town of Trophy Club, Texas. The sealant manufacturer shall provide
a material performance warranty for a period of five years.
3. WAGE RATES: Not less than the prevailing wage rates as set forth in the Contract
Documents must be paid on this project.
4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the Proposal,
the Owner reserves the right to adopt the most advantageous construction thereof to the
Owner or to reject the proposal.
5. PRE -AWARD QUALIFICATION REQUIREMENTS PRIOR TO CONTRACT AWARD:
After receipt of bids, a current financial statement, an acceptable experience record, and
an acceptable equipment schedule may be required from any bidder who is being
considered for award of contract. If this data is requested by the Town or the Engineer,
it must be filed by the bidder with the Director of Public Works within five calendar days
of bidder's receipt of request for same. If the Town has had previous unfavorable
experience with the firm, the Town may (at its sole discretion) disqualify the said firm
from further consideration.
The financial statement required shall have been prepared by an independent certified
public accountant or an independent public accountant holding a valid permit issued by an
appropriate state licensing agency, and shall have been so prepared as to reflect the current
financial status. This statement must be not more than one (1) year old. Liquid assets
(current) in the amount of ten (10 %) percent of the estimated project costs will be required.
In the case that the date of the Town's (or Engineer's) request falls within the time a new
statement is being prepared, the previous statement shall be updated by proper verification.
Failure to fulfill the above requirements (and within the time stated) may result in the
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NOTICE TO BIDDERS
Dat
SPECIAL INSTRUCTIONS
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment
or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
(2) The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
(3) The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
(4) If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with the
governmental entity showing that coverage has been extended.
(5) The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(b) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends
during the duration of the project.
(6) The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
(7) The contractor shall notify the governmental entity in writing by certified
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project.
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project; and
(g) contractually require each person with whom it contracts, to
perform as required by paragraphs (1) - (7), with the certificates of
coverage to be provided to the person for whom they are providing
services.
(10) By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the project will
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self-insured, with
the commission's Division of Self -Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
(11) The contractor's failure to comply with any of these provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
The contractor shall:
(a) provide coverage for its employees providing services on a project, for the
duration of the project based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements:
(b) provide a certificate of coverage showing workers' compensation coverage
to the governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage, if the coverage
period shown on the contractor's current certificate of coverage ends during
the duration of the project;
(d) obtain from each person providing services on a project, and provide to the
governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
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policies) may provide through his general liability carrier a separate Protective
Liability Policy specifically covering the OWNER and ENGINEER. In either
case, the coverage shall be the Item 1.26 basic coverage and limits specified plus
the $1,000,000 umbrella coverage specified.
C. The successful bidder, in lieu of substantiating his insurance coverage and that of
each of his subcontractors by providing separate Certificates of Insurance for each
company (i.e. the successful bidder and each subcontractor), may opt to include
required basic and umbrella coverage of all subcontractors by endorsement to his
policies; however, for this option to be acceptable, his insurer must clearly state
on the Certificate of Insurance that this coverage covers all sub -contractors for the
subject project.
7. CONTRACT: In those instances where the same item is bid under the Base Contract and
the Additive Alternate, the Contractor shall use the same unit price for both. Should there
be a difference between unit prices, the Engineer will use his discretion on which unit price
will apply.
- END OF SPECIAL INSTRUCTIONS TO BIDDERS -
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• • r
PROPOSAL
TO: HONORABLE .MAYOR AND TOWN COUNCIL
TOWN OF TROPHY CLUB
100 INfunicipal Drive
Trophy Club, Texas 76262
PROPOSAL FOR: The furnishing of all materials, equipment and labor for street improvements
and all necessary appurtenances and incidental work to provide a complete serviceable project
identified as:
"tiIISCELLANEOUS CURB REPAIR (July 1998 thru June 1999)"
Pursuant to the foregoing "Notice to Bidders," the undersigned bidder has thoroughly, examined
the Contract Documents (including the Special Contract Documents), the Plans, and North Central
Texas Council of Government's Standard Specifications for Public Works Construction, and 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 work as provided in the
plans, specifications, and subject to the inspection and approval of the Engineer and the Director
of the Public Works Department of the Town of Trophy Cub, Texas. Further, the undersigned
bidder binds himself upon acceptance of this Proposal to execute a contract and furnish an
approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any,
as may be required by the Contract Documents for the performing and completing of the said
work. The undersigned bidder proposes to do the work. complete in place, within the time stated
and for the following sums:
BASE CONTRACT
ITE1/I APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN 'WORDS PRICE AMOUNT
1. 1,000 L. F. Remove/Reconstruct Concrete Curb:
Per Linear Foot
Twenty Six Dollars
No Cents 526.00 526.000.00
2. 50 L.F. 3" D. I. Pipe Curb Drain;
Per Linear Foot
Fifteen Dollars
No Cents S15.00 5750.00
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*"STATE.N ENT OF MATERIALS A'N-D OTHER CH_aRGES"
LIATERIALS INCORPORATED INTO THE PROJECT 3 45,7 50
ALL OTHER CHARGES
**TOTAL
5 5,.30 2D
[00,-750
* This form is included in these documents for reverence only. It is to be completed by the low
bidder at the time of execution of the conirac..
** This total must agree with the cocaI figure shorn in the Proposal, TOTAL AMOUNT BID in
the bound contract.
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 less than the invoice price for such material to the Contractor. W
B-3
GENERAL CONDITIONS
(i.e. NCTCOG's General Provisions)
SPECIAL CONDITIONS
PART D:
SPECIAL CONDITIONS
1. GENERAL: Subject to modifications as herein contained, this project shall be governed
by. the Town of Trophy Club's "Design Standards for Paving, Drainage and Utility
Improvements" and the NCTCOG's Standard Specifications for Public Works
Construction (1987 Edition with all current amendments). These documents are a binding
part of the Contract Documents for this project. "Contract Documents" include the Plans
and these Special Contract Documents. The Plans, these Special Contract Documents, and
the rules, regulations, requirements, instructions, drawings or details referred to by
manufacturer's name, number or identification included therein as specifying, referring
or implying product control, performance, quality, or other shall be binding upon the
Contractor. The specifications and drawings shall be considered cooperative; therefore,
work or material called for by one and not shown or mentioned in the other shall be
accomplished or furnished in a faithful manner as though required by all.
The order or precedence in case of conflicts or discrepancies between various parts of the
Contract Documents subject to the ruling of the Engineer shall generally, but not
necessarily, follow the guidelines listed below:
1. Plans
2. Special Contract Documents
3. Town Design Standards for Paving, Drainage and Utility Improvements
4. NCTCOG's Standard Specifications
The special Conditions herein shall be applicable to this project and shall govern over any
conflicts with NCTCOG's Standard Specifications under the provisions stated above.
2. PROJECT DESIGNATION: Construction under these Contract Documents shall be
performed under the Trophy Club Project Designation:
"ANNUAL MISCELLANEOUS CURB REPAIRS
(July 1998 thru June 1999)"
3. EQUAL EMPLOYMENT PROVISIONS: The Contractor shall not discriminate against
any employee or applicant for employment because of race, color, sex, religion, or
national origin. The Contractor shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their race,
color, sex, religion, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotions or transfers, recruitment or recruitment
advertising, layoffs, or terminations, rates of pay, or other forms of compensation,
selection of training, including apprenticeship, and participating in recreational and
educational activities.
D -1
WAGE RATES
CLASSIFICATION RATE PER HOUR
Air Tool Operator
7.55
Asphalt Raker
8.57
Asphalt Shoveler
8.26
Barricade Servicer (Zone Work)
6.40
Batching Plant Wei -her
9.37
Batterboard Setter
8.92
Blaster
11.33
Blaster Helper
7.25
Carpenter
9.45
Carpenter, Helper
7.70
Concrete Finisher (Paving)
.9.35
Concrete Finisher Helper (Paving)
8.15
Concrete Finisher (Structures)
9.06
Concrete Finisher Helper (Structures)
7.49
Concrete Rubber
7.73
Electrician
12.76
Electrician Helper
8.44
Flagman
5.60
Form Builder (Structures)
8.72
Form Builder Helper (Structures)
7.55
Form Liner, (Paving & Curb)
8.91
Form Setter, (Paving and Curb)
8.69
Form Setter Helper (Paving & Curb)
7.79
Form Setter (Structures)
8.43
Form Setter Helper (Structures)
7.36
Laborer, Common
6.40
Laborer, Utility
7.46
Mechanic
10.66
Mechanic Helper
8.35
Mounted Sign Installer (Permanent Ground)
6.40
Oiler
8.70
Servicer
8.10
Painter, Structures
10.91
Painter Helper, Structures
8.00
Piledriver
7.50
Piledriver Helper
7.00
Pipelayer
8.51
Pipelayer Helper
7.04
Reinforcing Steel Setter (Paving)
9.22
Reinforcing Steel Setter (Structures)
11.55
1�
CLASSIFICATION RATE PER HOUR
Roller, Steel Wheel (Other Flat Wheel or Tamping)
7.96
Roller, Pneumatic (Self Propelled)
7.40
Scrapers (17 CY & Less)
8.14
Scrapers (Over 17 CY)
8.21
Side Boom
7.79
Tractor (Crawler Type) 150 HP & Less
8.45
Tractor (Crawler Type) Over 150 HP
8.87
Tractor (Pneumatic)
7.74
Traveling Mixer
7.62
Trenching Machine (Light)
8.19
Trenching Machine (Heavy)
12.50
Vibrator Operator
7.00
Wagon -Drill, Boring Machine
9.00
Welder
10.46
Welder Helper
9.00
TRUCK DRIVERS
Single Axle, Light 7.47
Single Axle, Heavy 8.07
Tandem Axle or Semi -Trailer 7.82
Lowboy Float 9.65
Transit Mix 7.51
Winch 8.20
NOTE: CONTRACTOR shall comply with all State and Federal Laws applicable to such
work. The preceding are minimum rates. Bidders shall base their bids on rates they
expect to pay, if in excess of those listed. The OWNER will not consider claims for extra
payment to CONTRACTOR on account of payment of wages higher than those specified.
written authorization shall be filed with the Engineer and shall be worded as to save
harmless the Town of any responsibility whatsoever relative to any temporary construction
easement obtained by the Contractor. All costs incurred shall be borne by the Contractor.
8. SUBSIDIARY WORK: Any and all work specifically governed by documentary
requirements for the project, such as conditions imposed by the Plans, NCTCOG's
Standard Specifications or these Special Contract Documents, in which no specific item
for bid has been provided for in the Proposal, shall be considered as a subsidiary item of
work, the cost of which shall be included in the price bid in the Proposal, for each item.
For example, traffic control, dust control, water, cleanup, sign removal or relocation, etc.
are general items of work which fall in the category of subsidiary work.
D-5
provide and maintain equipment on site which will enable continuous cleanup. A final
cleanup of all parts of the work shall be required before final acceptance by the Town or
its representative. This cleanup shall include removal of all objectionable pieces of asphalt
or concrete, other construction materials and, in general, preparing the site of the work
in an orderly manner and appearance. Except as modified herein, cleanup requirements
shall be in accordance with the General Conditions (Item 1.32).
17. FINAL ACCEPTANCE AND FINAL PAYMENT: The Engineer, upon his and the
Town's satisfactory final inspection of the project and upon receipt of satisfactory written
evidence (i.e. notarized affidavit per NCTCOG's Std. Specifications Appendix A.1) from
the Contractor that all subcontractors and persons furnishing labor or materials have been
paid in full and all persons claiming damages to property or persons because of the
carrying on of this work have been settled with, or their claims dismissed, or the issues
joined, shall certify the estimate for final payment after previous payments and any
liquidated damages have been deducted and shall notify the Contractor and his surety of
the acceptance of the project. Except as modified herein, all provisions of the General
Conditions (Item 1.51 par. 1.51.3 and par. 1.51.4) related to final acceptance and final
payment shall apply.
18. CONTRACTOR'S DUTY: The Contractor is and at all times shall remain an independent
contractor, solely responsible for the manner and method of completing his work under
this contract, with full power and authority to select the means, method and manner of
performing such work, so long as such methods do not adversely affect the completed
improvements, the Town being interested only in the result obtained and conformity of
such completed improvements to the Plans, Specifications and Contract.
Likewise, the Contractor shall be solely responsible for the safety of himself, his
employees and other persons, as well as for the protection of the safety of the
improvements being erected and the property of himself or any other person, as a result
of his operations hereunder. Engineering construction drawings and specifications as well
as any additional information concerning the work to be performed passing from or
through the Engineer shall not be interpreted as requiring or allowing the Contractor to
deviate from the Plans and Specifications, the intent of such drawings, specifications and
any other such instruction being to define with particularity the agreement of the parties
as to the work the Contractor is to perform. Contractor shall be fully and completely
liable, at his own expense, for design, construction, installation and use, or non-use, of
all items and methods incident to performance of the contract, and for loss, damage or
injury incident thereto, either to person or property, including, without limitation, the
adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or
equipment, safety precautions or devices, and similar items or devices used by him during
construction.
Any review of work in progress, or any visit or observation during construction, or any
clarification of Plans and Specifications, by the Engineer or Town, or any agent,
PART E
SPECIAL PROVISIONS
SPECIAL PROVISIONS
1. SCOPE OF WORK: The work covered by the Plans and Specifications consists of
furnishing all materials, labor, equipment, tools and incidentals necessary to construct, in
accordance with the Plans and Specifications, the reconstruction of concrete improvements
indicated.
2. SPECIFICATIONS: Materials and construction of the above referenced improvements
shall be governed by the Plans, Town Design Standards, NCTCOG's Standard
Specifications, and the Supplementary Specifications herein, except where modified in
these Special Provisions.
3. STATE SALES TAX: This contract is issued by an organization which qualifies for
exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales,
Excise, and Use Tax Act. All equipment and materials not consumed by or incorporated
into the project construction are subject to State sales tax under House Bill 11, enacted
August 15, 1991. All such taxes shall be included in the various amounts on the Proposal
form. The successful bidder shall be required to submit a breakdown between labor and
material cost prior to execution of the contract.
The bidder shall take note of the last page of Part B -Proposal titled "Statement of Material
and Other Charges. " The blank spaces on this page are not to be filled in by the bidder
at the time of submitting his proposal. This form is included to familiarize the bidder with
the form which the successful bidder will be required to execute.
4. VENDOR'S CERTIFICATION: The Contractor, upon request by the Engineer, shall
provide a vendor's certified test report and/or a manufacturer's certification on any or all
(depending upon request) materials used in the project construction. If reports and
certifications are requested, they shall be delivered to the Engineer before permission will
be granted for use of the subject item or items. All vendor's test reports and
manufacturer's certifications shall be subject to review by the Engineer and shall be
subject to verification by testing of samples of materials as received for use on the project.
In the event additional tests are required, they shall be performed by an approved
independent testing laboratory and shall be paid for by the Contractor.
5. CONSTRUCTION NO -PAY ITEMS: All work necessary for the orderly completion of
the project, but not specifically included as a pay item in the proposal shall be considered
subsidiary to the Contract and no separate or additional payment will be made. Therefore,
any work performed by the contractor without approval from the owner or engineer will
not receive compensation.
E-1
drainage to the street.
Construction Methods: Block out the curb for installation of drain lines. Set invert of
pipe 1/2 " above the gutter. Lay pipe at a minimum 0.5 % grade and tie to existing PVC
drain. Provide necessary adaptors for water tight connection. The trench must be
excavated below the proposed grade line to avoid conflicts with proposed or existing
improvements.
Measurement and payment for drain pipe shall be by the linear foot complete in place
for all depths. This price shall be full compensation for excavation, furnishing, and
placing pipe, furnishing and placing backfill, and for all labor, tools, equipment, and
incidentals necessary to complete the work.
6.3 PAY ITEM NOS. 3 and 4: Concrete Drives (Standard and Textured Finish) This item
allows for the removal and reconstruction of all or a portion of drive approaches at
specified locations, per related details and in accordance with NCTCOG Item 8.3. A
drive approach is defined as that portion from the lip of the gutter to the property line
and from PCR (point of curb return) to PCR. Contractor shall notify Engineer and
property owners 48 hours in advance of intent to construct driveways. The
construction shall allow the driveways to be opened 3 days after initial pour and a 3 day
cylinder break is completed.
All concrete for driveway approaches shall be Class "A" Concrete, a 6.0 sack/cubic
yard cement content with minimum compressive strength of 3,000 psi strength at 3 days
and 4,000 psi strength at 28 days; test results will be provided to verify strength prior
to opening to traffic. Driveways to be reconstructed, which have a textured finish,
such as exposed aggregate, shall be reconstructed to match existing finish.
During the process of removal, provide a smooth saw cut joint with the existing steel
extending a minimum of 12" beyond the joint where proposed reinforced concrete
matches existing concrete or install #4x27" dowel bars epoxy -grouted 9" into the
existing concrete.
Measurement and payment for these items shall be made on the basis of the price bid
per square yard per NCTCOG Item 8.3.4, complete in place. Payment shall include
saw cut, removal, reinforcing steel, expansion joint material, sand cushion, excavation,
concrete and other incidentals necessary to complete the work.
6.4 PAY ITEM NO. 5: Remove/Reconstruct 4" Concrete Walk: This item shall include the
removal of existing concrete walk and reconstruction of new 4" thick concrete walk in
place in accordance with NCTCOG Item 8.3.
All concrete shall be Class "A" concrete with minimum compressive strength of 3,000
psi strength at 28 days.
E-3
7. ACCESS TO SITE: The Contractor shall make every effort to complete construction and
allow immediate access to adjacent property at all driveway entrances. Owners or tenants shall
be notified at least eight (8) hours prior to the time the construction will be started at their
drive-ins or entrances and informed as to the length of time driveways will be closed. Owners
or . tenants shall be advised that they must remove vehicles parked in the street prior to
construction of improvements.
No public road shall be entirely closed. It shall be the responsibility of the Contractor to
maintain by-passes and detours, if necessary, and to properly light, barricade, and mark all
such detours that might be required to facilitate construction of improvements.
8. WASTE MATERIAL: All unused extracted materials created during the prosecution of the
work shall be considered waste material and shall be removed from the site by the Contractor
and disposed of at his expense. Necessary provisions shall be made to avoid waste materials
from entering existing drainage systems. The Contractor shall indemnify and save harmless
the Town, all its officers, agents and employees from all suits, actions, claims of any character
resulting from his arrangements for the disposal of the waste and spoil.
9. PROTECTION OF TREES, PLANTS, SHRUBBERY ETC.: No trees shall be removed
unless noted on the plans or approved by the Owner. Where trees, plants, shrubbery, etc.,
are adjacent to the line of the work, the Contractor shall protect such trees, plants, shrubbery,
etc., by substantial guards; and if such trees, plants, shrubbery, etc., would be damaged by
machinery, etc., hand work may be required. In the event it becomes necessary to
remove/relocate landscaping, the Owner (Town or Individual) shall be notified to coordinate
the method and relocation.
The Contractor shall be responsible for all damages to adjacent trees, plants, shrubbery, etc.
All damaged limbs over one (1 ") inch in diameter shall be sawed clean adjacent to the damaged
area or at the trunk and dressed with a suitable tree would paint.
The Contractor shall be responsible for the protection of all trees and shrubs that do not
directly conflict with permanent improvements. The Contractor shall not cut or trim any trees
or limbs without the consent of the Engineer.
The cost of such protection will not be paid for as a separate contract pay item, and the costs
thereof shall be included in such pay items as are provided in the proposal and contract. The
cost for protection, maintenance as described above will not be paid for as a separate contract
pay item. Any costs that are identified by the contractor shall be considered subsidiary to the
contract as a whole.
10. CLEAN-UP OF THE SITE AND DISPOSAL OF EXCESS MATERIAL: Clean-up/sweep
the site and disposal of excess material as part of the price bid.
11. EXISTING SIGNS: Any existing signs removed by the Contractor prior to construction of
improvements shall be reset at same location unless directed otherwise. Any signs damaged
E-5
BONDS AND
CERTIFICATE OF INSURANCE
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 sealed this
instrument this day of 1 1998.
Westhill Construction Inc.
Pr' cipal
By:
1
Ted Reynolds, President
Address P.O. Box 2616
Cleburne TX 76033-2016
Phone: 817-558-2504 Fax: 817-558-0982
Evergreen National Indemnitv Comr)anv
Surety
i
Address_ 10055 Sweet Valley Drive
The name and address of the Resident Agent of Surety is:
Ric W. Stewart, Surety Specialists of Texas
Valley View, OH 44125
(800) 325-9112
13154 Coit Road, Suite 211, Dallas, Texas 75240 T: (972) 690-9903
PB -2 0 by Texas Secrion. ASCE 1971
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this day of , 1998.
Westhill Construction, Inc.
Principal
By:
�T4d Reynolds, President
Address P.O. Box 2616
Cleburne. TX 76033-2016
Phone: 817-558-2504 Fax: 817-558-0982
Address 10055 Sweet valley Drive
The name and address of the Resident Agent of Surety is:
Ric W. Stewart, Surety Specialists of Texas
Valley View, OH 44125
(•800) 325-9112
13154 Coit Road, Suite 211, Dallas, Texas 75240 T: (972) 690-9903
PB -4 0 by Texas Secdon. ASCE 1971
and the said CONTRACTOR and SURETY herein shall be liable for the payment of all costs
thereby incurred.
NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to
maintain said work and keep the same in good repair for the said maintenance period a provided
above, then these presents shall be null and void and have no further effect, but if default shall be
made by the CONTRACTOR in the performance of its contract to do so maintain and repair said
work, then these presents shall have full force and effect and the OWNER shall have and recover
from the said CONTRACTOR and its sureties damages in the premises, as provided, and it is
further understood and agreed that this obligation shall be 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 heron for successive breaches until the full amount shall
have been exhausted; and it is further understood that the obligation herein to maintain said work
shall continue through out said maintenance period, and the same shall not be changed,
diminished, or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, this instrument is executed this day of
A.D., 1998.
rz!LmA (L��
WITNESt OR ATTEST TO SEAL
WITNESS OR ATTEST TO SEAL
Westhill Construction Inc. (Seal)
PRINC AL
By
Ted Reynolds - President
TITLE
Everzreen National Indemnity.Co. (Seal)
SURETY
Jeasi, e Williams
Attorney -In -Fact
TITLE
- END OF MAINTENANCE BOND -
2 of 2
PROPOSAL
TO: HONORABLE MAYOR AND TOWN COUNCIL
TOWN OF TROPHY CLUB
100 Municipal Drive
Trophy Club, Texas 76262
PROPOSAL FOR: The furnishing of all materials, equipment and labor for street improvements
and all necessary appurtenances and incidental work to provide a complete serviceable project
identified as:
"MISCELLANEOUS CURB REPAIR (July 1998 thru June 1999)"
Pursuant to the foregoing "Notice to Bidders, " the undersigned bidder has thoroughly examined
the Contract Documents (including the Special Contract Documents), the Plans, and North Central
Texas Council of Government's Standard Specifications for Public Works Construction, and 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 Iabor, equipment and material except as specified
to be furnished by the Town, which is necessary to fully complete all work as provided in the
plans, specifications, and subject to the inspection and approval of the Engineer and the Director
of the Public Works Department of the Town of Trophy Cub, Texas. Further, the undersigned
bidder binds himself upon acceptance of this Proposal to execute a contract and furnish an
approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any,
as may be required by the Contract Documents for the performing and completing of the said
work. The undersigned bidder proposes to do the work, complete in place, within the time stated
and for the following sums:
BASE CONTRACT
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
1. 1,000 L.F. Remove/Reconstruct Concrete Curb;
Per Linear Foot
Twenty Six Dollars
No Cents $26.00 526.000.00
2. 50 L.F. 3" D. I. Pipe Curb Drain;
Per Linear Foot
Fifteen Dollars
No Cents $15.00 5750.00
*"STATEMENT OF MATERIALS AND OTHER CHARGES"
MATERIALS INCORPORATED INTO THE PROJECT $ j
ALL OTHER CHARGES�� O ��
**TOTAL
* This form is included in these documents for reference only. It is to be completed by the low
bidder at the time of execution of the contract.
** This total must agree with the total figure shown in the Proposal, TOTAL AMOUNT BID in
the bound contract.
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 less than the invoice price for such material to the Contractor.
STANDARD FORM OF AGREEMENT
As Adopted by
THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS
October 7, 1971
Revised November 17, 1928
Revised April 15, 1932
Revised October 27, 1934
October 19, 1945
Revised April 8, 1954
Revised April 21, 1960
Revised October 7, 1971
Approved as to Legal Form by
Legal Counsel
STATE OF TEXAS
COUNTY OF DENTON }
THIS AGREEMENT, made and entered into this day of
A. D. 19 , by and between The Town of Trophv Club of the County of
Denton and State of Texas acting through
Jim Carter, Mavor thereunto duly authorized so to do,
Party of the First Part, hereinafter termed OWNER, and Westhill Construction Inc.
of the City of Cleburne , County of Johnson
and State of Texas Party of the Second Part, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions
expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR),
hereby agrees with the said Parry of the First Part (OWNER) to commence and complete the construction
of certain improvements and described as follows:
To provide the furnishing of all materials, equipment and labor for street improvements and all
necessary appurtenances and incidental work to provide a complete serviceable project identified
as:
MISCELLANEOUS CURB REPAIR
(July 1998 thru June 1999)
and all extra work in connection therewith, under the terms as stated in the General Conditions of the
Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services
necessary to complete the said construction, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with the Notice of Contractors, General and Special Conditions
of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the
Specifications and addenda therefor, as prepared by Teazue Nall and Perkins, Inc.
915 Florence Street Fort Worth, Texas 76102-3531
herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the
ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the
Agreement, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof
and collectively evidence and constitute the entire contract.
SF -1 0 by Texas Section. ASCE 1971
TO:
CERTIFICATE OF INSURANCE
Date
Project No.
The Town of Trophv Club
OWNER
TYPE OF
100 Municipal Drive
Trophy Club, TX 76262 Misc. Curb Repairs
ADDRESS PROJECT (July 1998 thru June 1999)
THIS IS TO CERTIFY THAT Westhill Construction Inc.
(Name and address of insured)
is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter
described for the types of Insurance and in accordance with the provisions• of the standard policies used by
this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof.
TYPE OF INSURANCE
Policv No. Effective Expires Limits of Liability
Workmen's
Compensation
Public Liability 1 Person S1 Accident $
Contingent 1 Person $
Liability 1 Accident $
Property Damage
Builder's Risk
Automobile
Umbrella
Other
The foregoing Policies cover all sub -contractors. The Liability insurance (and the Umbrella covers the
Owner and the Engineer as additional insureds for property damage and bodily injury, all in accordance with
the insurance requirements of the Project's Contract Documents.
Locations Covered:
Descriptions of Operations Covered:
rhe above policies either in the body thereof or by appropriate endorsement provide that they may not be
:hanged or canceled by the insurer in less than five days after the insured has received written notice of such
:hange or cancellation.
Nhere applicable local laws or regulations require more than five days actual notice of change or cancellation
D the assured, the above policies contain such special requirements, either in the body thereof or by
ppropriate endorsement thereto attached.
(Name of Insurer)
:A
Title
CONTRACT
The Bidder agrees to begin construction within 10 Calendar Days after the award of the Contract and
receipt of Notice to Proceed. The CONTRACT duration will be 360 Calendar Days after issuance of the
written Notice to Proceed is furnished by the Engineer. Since individual work orders will be issued a time
will be established for each work order, once the scope of work is determined.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the
proposal, which forms a part of this contract, such payments to be subject to the General and Special
Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and
day first above written.
Town o' r v Club
P f the First WNER)
By:
Ji Carter, yor
ATTEST:
Westhill Construction. Inc.
P of the econd Party (CONTRACTOR)
By:
Ted Reynolds, President
ATTEST:
SF -2 0 by Texas Set -don. ASCE 1971
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