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Home My WebLink AboutResolution No. 2010-044CITY OF THE COLONY, TEXAS RESOLUTION NO. 2010- Itk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE CONSTRUCTION SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND REYNOLDS ASPHALT & CONSTRUCTION COMPANY FOR ROADWAY AND PARKING LOT IMPROVEMENTS AT STEWART CREEK PARK, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: ROADWAY AND PARKING LOT IMPROVEMENTS AT STEWART CREEK PARK; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with REYNOLDS ASPHALT & CONSTRUCTION COMPANY, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $231,996.85 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Construction Services Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved in the amount of $231,996.85, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 18th day of MAY, 2010. T: /� ✓�. Christie Wilson, City Secretary -PP OVED AS TO FORM: �Jefff�q'Vie, City Attorney oe McCou , Mayor City of The'Colony, Tex s 63918 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE JOB 10081E THIS AGREEMENT is dated as of the/51- % day of J411 in the year 2010 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and Reynolds Asphalt and Construction Company, Inc. (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: The scope of work consists of the resurfacing of asphalt roadways and parking lots within Stewart Creek Park located at the West end of North Colony Boulevard. The work consists of making necessary base repairs and overlaying the new roadways and parking lots with hot mix asphalt (HMAC). These asphalt resurfacing services shall be performed in accordance with the requirements, pricing, and construction specifications as contained in the City of Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020 Contract. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: STEWART CREEK PARK ASPHALT PAVEMENT RESURFACING OVERLAY City of The Colony Article 2. ENGINEER. The Bidding and Contract Documents that control this project consist of the City of Grand Prairie, Pavement Resurfacing Service Price Agreement RFB #10020 Contract which the Contractor has previously signed with Grand Prairie. Contract administration will be provided by the City of The Colony Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority Contract Documents 1-1 assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within 30 calendar days after Notice to Proceed which includes 3 inclement weather days. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the unit prices listed in Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020 Contract. The contract sum shall not exceed the amount of $231,996.85 unless authorized in writing by the City. The total tangible personal property cost included in the contract sum is $ �'� ds� Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit monthly Applications for Payment to ENGINEER 5.1. Progress Payments. OWNER shall make progress payments in accordance with the Contract unit prices on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the unit costs established in Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020 Contract. 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020 but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020 Contract. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with ENGINEER and Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020 Contract, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. No interest shall ever be due on late payments. Contract Documents 1-2 Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020. 7.2. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020. 7.3. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1-1 through 1-5, inclusive). 8.2. Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020. 8.3. CONTRACTOR's Proposal and Bid Schedule found within Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020. 8.4. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.5. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020. The Contract Documents may only be amended, modified, or supplemented by official Change Order between the City of The Colony and CONTRACTOR. Contract Documents 1-3 Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020. 9.2. 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 (expect 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. 9.3. 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. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. Article 11. CERTIFICATE OF INSURANCE After award of contract, Contractor will follow all insurance requirements listed in Grand Prairie's Pavement Resurfacing Service Price Agreement RFB #10020. Article 12. BONDS No Performance and Payment Bonds are required for this project. However, a minimum two (2) year Maintenance Bond is required. The maintenance bond shall be in the amount of fifty thousand dollars ($50,000.00) or ten (10%) percent of the amount of the contract, whichever is greater, but not to exceed one hundred (100) percent of the contract amount. Contract Documents 1-4 This Agreement will be effective on �jy� �S}' , 2010. OWNER: City of The Colony CONTRACTOR: Reynolds Asphalt and 6800 Main Street Construction Company, Inc. The Colony, TX 75056 P.O. Box 370 Euless, Texas 76039 Address for giving notices: City of the Colony 6800 Main Street The Colony, Texas 75056 Attn: Ron Hartline, P.E. Senior Engineer (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) BY:(, -- TITLE: ATTEST: Address for giving notices: Reynolds Asphalt and Construction Company, Inc. P.O. Box 370 Euless, Texas 76039 Attn: Ned Tankersley Vice President (If CONTRACTOR is a corporation, attach evidence of authority to sign.) Contract Documents 1-5