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Res 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.