HomeMy WebLinkAboutRes 07-60 Awarding a Contract to Reynolds Asphalt and Construction CompanyTOWN OF WESTLAKE
RESOLUTION NO. 07-60
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS, AWARDING A CONTRACT TO REYNOLDS ASPHALT AND
CONSTRUCTION COMPANY FOR THE REHABILITATION OF APPROXIMATELY
1800 LF OF THE EXISITNG J. T. OTTINGER ROAD WITHIN THE TOWN OF
WESTLAKE, DENTON COUNTY, TEXAS.
WHEREAS, the Town of Westlake desires to provide residents and all commuters safe
and aesthetically pleasing streets to travel; and
WHEREAS, the Board of Aldermen finds that the agreement and improvements of
Ottinger Road benefit the public; and
WHEREAS, the Board of Aldermen finds that the passage of this Resolution is in the
best interest of the public and all citizens; and
WHEREAS, the Board of Aldermen finds that the funding is necessary for the
rehabilitation of the Denton County section of Ottinger Road.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN 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 Board of Aldermen of the Town of Westlake, Texas, hereby awards
and approves the contract with Reynolds Asphalt and Construction Company relating to the J. T.
Ottinger Road rehabilitation, attached hereto as Exhibit "A"; and further authorizes the Town
Manager to execute the agreement on behalf of the Town. of Westlake, Texas.
PASSED AND APPROVED ON THIS 10TH DAY OF SEPTEMBER 2007
0101 HIT, I -K�014 /
ATTES
Sutter TRMC, Town Secretary Trent O. Petty, Tow pager
APPROV S TC)�FORM:
tanton o , To ttorney
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the 27t" day of August in the year 2007, by and between the Town of
Westlake, Texas (hereinafter called OWNER) and Reynolds Asphalt and Construction Company
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Paving and Sub -grade Improvements
on Ottinger Road
Town. of Westlake
Article 2. General Contractor
NIA
Article 3. CONTRACT TIME.
3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to
commence work, and to complete the work on which he has bid within twenty (20) calendar days as
provided in the General Provisions and Requirements.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Emit 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 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment on work completed during the previous month on
the first day of the month. CONTRACTOR shall present only one Application for Payment each month.
Applications for Payment will be processed by OWNER shall make payment to CONTRACTOR within
thirty (34) days of the date of the invoice.
Article G. INTEREST.
All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the
Project.
Article 7. CONTRACTOR'S REPRESENTIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1. 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.
7.2. 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 one (1) year from the date of the construction and to
maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself
to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the
Town Manager, it be necessary.
7.3. To the fullest extent permitted by Iaws 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 performance of Work, provided that any such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in
part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization
directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified
hereunder or arises by or is imposed by laws and Regulations regardless of the negligence of any such
party.
7.4. 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 7.3 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 8. Contract Documents
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
Bid Proposal (provided by contractor)
Instructions consisting of three (3) pages.
Indemnification consisting of one (1) page.
This Agreement consisting of four (4) pages.
Project Scope and General Provisions consisting of one (1) page.
There are no Contract Documents or Construction Plans other than those listed above in this
Article.
Article 4. TERMINATION
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 10. MISCELLANEOUS.
10.1. No assignment by a parry hereto of any rights under or interests in the Contract Documents will be
binding on another parry 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 Iaw),
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.
10.2. 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 two copies of the Agreement. All
portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR on
their behalf.
This agreement will be effective on the 27th Day August 2007.
OWNER:
Town of Westlake, Texas
By:
Trent O. Pettit, To anaeer
ATTEST {
Kien Sutt rA awn Secretary
Address for giving notices:
3 Village Circle Ste. 202
Westlake, Texas 76262
CONTRACTOR:
Reynolds Asphalt and Construction Company
By:
Address for giving notices:
fO 490Y ;717
8kfe" WX 76039f
List name of person to whose attention
notices are to be sent:
zfel,egAW J!;aze�-
(If CONTRACTOR is a Corporation,
attach evidence of authority to sign. )
PROJECT SCOPE
Paving and Sub -grade Improvements on Ottinger Road
The scope of work for the project includes all material and labor necessary for the re -construction
of approximately 1800 linear feet of existing roadway and includes sub -grade, prime, tack coat,
asphalt, shoulder clean-up, striping, and traffic control.
Stabilization shall consist of pulverizing and mixing in place the existing asphalt surface, mixing
cement at a rate of 24lbslsy at 6" depth, and extend a minimum of 6" from edge of pavement.
Asphalt paving shall consist of 2" H.M.A.0 Type D asphalt and be a minimum of 22' in width.
General Provisions
CLEAN-UP
DESCRIPTION
The Contractor shall perform such clean-up work as is deemed necessary by the
town.
2. The work shall at all time present a neat and orderly appearance and all cleaning
up shall be completed and all constructiou machinery and equipment, surplus
materials.