10-056 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 10-056
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT
AGREEMENT FOR CONSTRUCTION SERVICES FOR THE FIRST
STREET (CRAIG STREET TO COIT ROAD) AND COIT ROAD (US380
TO FIRST STREET) BETWEEN WEIR BROS, INC., AND THE TOWN
OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a contract agreement for
construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to
First Street), between Weir Brothers, Inc., and the Town of Prosper, as hereto attached.
SECTION-2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 22nd day of June, 2010.
Ray Sinn' ,Mayor
ATTEST TO-
OF Pg
.................
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atthew D. Denton, TRMC
Town Secretary
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00500 CONTRACT AGREEMENT AND BONDS
STATE OF TEXAS §
COUNTY OF COLLIN §
THIS AGREEMENT, made and entered into this day of A.D., 2010, by
and between Weir Brothers Inc., of the County of Dallas and State of Texas, acting through
thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Mike Land of
the Town of Prosper, County of Collin 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 bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR)
hereby agrees with the said Party of the First Part(OWNER) to commence and complete the construction of
certain improvements described as follows:
Construction of a FIRST STREET JQrpig Street to Coit Rad and COIT BOAD US Mo to Filmi StLege_t) nd
all relate pit. m ei m rpt.
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 all the General Conditions of the Agreement, the Supplementary Conditions,
the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment
Bonds, all attached hereto, and in accordance with the Plans, which includes all maps, plats, blueprints, and
other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as
prepared by RLK ENGINEERING, INC., herein entitled the ENGINEER, each of which has been identified by
the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and
constitute the entire contract.
The CONTRACTOR hereby agrees to commence work on or after the date established for the start of
work as set forth in a written notice to commence work and to substantially complete all work within the time
stated in the Proposal, subject to such extensions of time as are provided by the General and Supplementary
Conditions.
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
Supplementary Conditions of the Contract.
No assignment by a party hereto of any rights under or interests in the Contract 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 to all covenants, agreements, and obligations contained in the Contract Documents.
Contract Agreement 00500-1
Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year
and day first above written.
ATTEST:
Party of the First Part, OWNER
By
Signature
Name and Title
(please type or print)
(SEAL)
ATTEST:
Party of the Second Part, CONTRACTOR
B
Signature
Name and Title
(please type or print)
(SEAL)
Contract Agreement 00500-2
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WEIR BROS.,INC.
P.O. BOX 541793
DALLAS,TEXAS 75354-1793
UNCONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
The undersigned Subcontractor/Supplier certifies that a progress payment will
be received in the sum of 1 4 2§Jor labor, services, equipment and/or materials
furnished to Weir Bros., Inc. on the PROSIER TRAIL-PROSPER ("Project"), and
does hereby release any bond claim, mechanic's lien and/or other claim relating to the
Project, to the extent covered by such payment and conditioned upon collection of the
sum stated above.
This release covers progress payments (and retainage, if any) for labor, services,
equipment and/or materials through 03/31/2010., only and does not cover any earned
retention after that date or additional items famished aftbr that date.
STATE OF IT e_ ig TOTAL HIGHWAY MAINTENACE
SUIICON RA"I'OR/SUPPLIER
COUNTY OF P9[J9f
By:
T DAY OF ,2010 �l Q
TITLE
0
DATE �...�....
'NOTJP7Y PU LIC Tare Wer
No"Pt6k,
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ft"of Tow
CwmEW09-11-
My Commission Expires 13
Invoice: 6240, 7173
WEIR BROS.,INC.
P.O.BOX 541793
DALLAS,TEXAS 75354-1793
UNCONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
The undersigned Subcontractor/Supplier certifies that a progress payment will
be received in the sum of $ 35,885.20 for labor, services, equipment and/or materials
furnished to Weir Bros., Inc. on the PROSPER.. TRAILS-PROSPER ("Project"), and
does hereby release any bond claim, mechanic's lien and/or other claim relating to the
Project, to the extent covered by such payment and conditioned upon collection of the
sum stated above.
1
This release covers progress payments(and retainage, if any) for labor, services,
equipment and/or materials through 3/24/2010 only and does not cover any earned
retention after that date or additional items furnished after that date.
STATE OF RO -UTJL1JY.!QONSMQTJQNC
SUBCONTRATOR/SUPPLIER
COUNTY OF
DAY OF ............_2010 V/Cv
TITLE
DATE
A10TRY PUBLIC
i
My Commission Expi es
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Invoice: 324-508 PAY APP 5 """"" " ° � `
NOTARY PULiICSTATEOF SAS11
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Nil 103 N.ALLEN DRIVE,ALLEN TEXAS 75013
(214)547-9152 OFF-(866)226-8159 (214)547-9163 FAX
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
The undersigned Supplier certifies that a progress payment has been received in the sum of S 2,928.18
for labor,services,equipment and/or materials furnished.to KCK Utility Construction,-Inc.on the
PROPSER MAIU-PROSPER,TX C Project',and doeirhereby release any bond claim,mechanic's
lien and/or other claim relating to the Project,to the extent covered by such payment and conditioned
upon collection of the sum stated above. _
This release covers progress payments.for labor,services,equipment and/or materials through March 26.
2010,only and does not cover any earned retention after that date or additional items fumished after that
date.
State of.+ EERQU TERPAIJNC,,
Supp
County of By.
•Day of 201.0. Title:
Date: ' /f e
Notary Public
My Commission Expires: •2''d�/ �,.�i' IE A OREMIuIos
Notary PUbflc„Stoke of Texas
My dCommIss$on Expires
V;p f ebluc"16.2011
Invoice(s)Covered by this Release:(Paid check#40636,4/12/10)
#0426910,1/4/10 #0429493,1/22/10 40433090,1/26/10
#0430586,2/l/10 #0432885,2/19/10 #0433586,2/25/10
#0434544,3/4/10 #0435299,3/1-0110 #0435304,3/10/10
#0435532,3/11/10 #0435532,3/11/10 #CM045118,3/26/10
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AFFIDAVIT OF RELEASEOF LIEN RIG,.. .....HTS
(Partial Rcicasc)
Supplier or Sub-subcontractor to Subcontractor and Gencral Contractor
In consideration of payment of all sums due the undersigned as of Feb arm '101Q on
account of work heretofore performed and/or materials famished at or For the premises kno«n as
cnPr Trail, imp vements the undersigned.being s��orn.hereby:
rOm._. _ t o._..._._._
I. Acknowledges receipt of all sums due the undersigned_ except retainage. on account of work
performed and/or materials furnished at the said premises through the date shown above in the amount of
9,? N.ti9 and hereby expressly releases, renounces- and waives any and all claims, rights
and charges including the right of lien in connection with or for the construction and erection of the
improvements situated on the said premises;
2. Specifically recites that all sums owed by the undersigned to any laborer. materialman. or
subcontractor employed by or subcontracted with the undersigned in connection with the work at said
premises have been frilly paid for all work performed and/or labor and/or materials fumished prior to and
through the date shown above;and,
3.Expressly agrees to indemnify and hold harmless KCK Ptility Construction Inc.and
Weir Egos Inc _ and the Owner of .and from the claims of any laborer.
materialman,or subcontractor employed by or contracting with the undersigned.
The undersigned executes this instrument recognizing that and but for the making
of the release and representation, the payment received for would not have been made,and that Workman
Corporation has relied hereon in making said payment.
�ql_EXECUTED THIS 1 DAY OF 2010.
I iberty:S ud&GrovoIj
COMPANY f
by: JU&
_ _ .
1 k _.' it /Y1c���c�c�Q.t'
Name and title
STA TE OF T : li
tw"t�L"MurTl' F t
'V R
This AfNidavit of*Rclleasc tr 1,. F altts is acknowledged bcla c m this _da
v)l
201by '3 � � ��onbehalfof_ 4.." � i" l
i
.A
It—Y NW
tttl MBUC
of 1'uNtltc.S tit"1"ca�<ts
"3GWft E0.WWW3
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AFFIDAVIT OF RELEASE OF LIEN RIGHTS
(Partial
Supplier or Sub-subcontractor to Subcontractor and General Contractor
In consideration of payment of all sums due the undersigned as of Eebrua 2 ;2010 on
account of work heretofore performed and/or materials furnished at or for the premises known as
F_1rosMrTrai1 tmpEQvemCat§ the undersigned,being sworn,hereby:
S
1. Acknowledges receipt of all sums due the undersigned, except retainage, on account of work
performed and/or materials fumished at the said premises through the date shown above in the amount of
S 192 973.87 and hereby expressly releases, renounces, and waives any and all claims, rights
and charges including the right of lien in connection with or for the construction and erection of the
improvements situated on the said premises;
2. Specifically recites that all sums owed by the undersigned to any laborer, materialman, or
subcontractor employed by or subcontracted with the undersigned in connection with the work at said
premises have been fully paid for all work performed and/or labor and/or materials furnished prior to and
through the date shown above;and,
3.Expressly agrees to indemnify and hold harmless 1-K]VIijity Construction Inc.and
Weir Rrnc Mr. and the Owner of and from the claims of any laborer,
materialman,or subcontractor employed by or contracting with the undersigned.
The undersigned executes this instrument recognizing that and but for the making
of the release and representation,the payment received for would not have been made,and that Workman
Corporation has relied hereon in making said payment.
EXECUTED THIS DAY OF ,,2010,
lnhnsnn Count
ry Pipe
COMPANY
by:
Name and title i
STA TE OF T
COUNTY+t71r
This Affidavitg Release of Lien Rights is acknowledged before me this flay of
201Q by _ on behalf of
v
TIARA E COVI GTON
Notary Public, State of Texas •`:-au A
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Mclrch 22.M.3
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