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08-062 - RTOWN OF PROSPER, TEXAS RESOLUTION NO.08-062 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 US 380 / COIT ROAD RIGHT TURN LANE, BETWEEN JRJ PAVING LP, 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 US 380 / Coit Road Right Turn Lane, between JRJ Paving, LP, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22°a day of July, 2008. ar es Niswanger, STANDARD FORM OF AGREEMENT STATE OF TEXAS § COUNTY OF 6C4(,I --I § THIS AGREEMENT, made and entered into this 22"d day of July A.D., 2008, by and between the Town of Prosper of the County of Collin and State of Texas, acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and of the City of County of 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: US 380 / Coit Road Right Turn Lane and all extra work in connection therewith, under the terms as stated in the Construction Plans; 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 Construction Plans, attached hereto, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by the Texas Department of Transportation, 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. 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. No assignment by a party hereto of any rights under or interests in the Contract 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 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 Proposal and Construction Plans 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 Proposal and Construction Plans. Any provision or part of the Proposal and Construction Plans 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 Proposal and Construction Plans shall.be Contract Agreement 00500-1 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: A o F S� P Part he Fi art, OWNER ATTEST: Signature ®®e,%oF a� jsjM j k� ®� �®® .,® Name and Title O ®a ®• ®' (please type or print) • s m ° s ° o i c• o o S�®® •o°o•o°o°o•oo°°°.o° ®`�® ®,�®e0®e�' AS 0®®®® By (SEAL) Party of the Second Part, CONTRACTOR Signature Name and Title (please type or print) (SEAL) Contract Agreement 00500-2 RIGHT TURN LANE ALONG U.S. 380 AT COIT ROAD. (TOWN OF PROSPER) BID PROPOSAL Item No. Pay Item with Unit Bid Price in Words Unit Quantity r JRJ Paving, LP Unit Bid 1RJ Paving, LP Total Amount Bid for This Item ;�` Reynolds Asphalt & Construction Unit Bid Reynolds Asphalt &Construction Total Amount Bid for This Item 100-2002 PREPARING ROW STA 5:39 $1,799.45 $9,699.04 $1,000.00 $5,390.00 110-2001 ROADWAY EXCAVATION CY 28.60 $57.61 $1,647.65 $27.00 $772.20 1320-2006 EMBANKMENT (FINAL)(DENS CONT)(TY C) CY 311.70 $28.05 $8,743.19 $61.00 $19,013.70 162-2002 BLOCK SODDING SY 1,644.00. $3.91 $6,428.04 LV $3.90 $6,411.60 . 168-2001 VEGETATION WATERING MG 52.60 $4.13 $217.24 IMPI $70.75 $3,721.45 260-2006 LIME (TRT)(EXST MATL)(6") SY 625.80 $16.24 $10,162.99 NMI $11.25 $7,040.25 260-2051 LIME (COM OR QK)(SLURRY) TON 6.20 MI $136.09. $843.76 $195.00 $1;209.00 340-2011 D-GR HMA (METH) TY-B PG64-22 TON 206.50 $99.92 $20,651.48 $108.00 $22,302.00 340-2048 D-GR HMA (METH) TY-C SAC-B PG70-22 TON 68.80 $155.36 $10,688.77 $120.00 $8,256.00 500-2001 MOBILIZATION LS 1.00 $3,000.00 $3,000.00 $39,500.00 $39,500.00 666-2012 REFL PAV MARK TY1(W) 4" (SLD)(100 MIL) LF 511.00 $1.05 $536.55 $1.30 $664.30 666-2036 REFL PAV MRK TY1(W) 8" (SLD)(100 MIL) LF 410.00Mai, $1.87 $766.70 ja $2.55 $1,045.50 666-2054 REFL PAV MRK TY1(W)(ARROW)(100 MIL) EA 2.00 $104.50 $209.00 Wv, $130.00 $260.00 666-2096 REFL PAV MRK TY1(W)(WORD)(100 MIL) EA 2.00 $115.50 $231.00 $194.00 $388.00 672-2012 REFL PAV MARKR TY1-C . EA 42.00 $5.50 $231.00 JW, $7.75 $325.50 677-2001 ELIM EXT PAV MRK & MRKS (4") LF 510.00 gal $1.10 $561.010 ? $1.951 $994.50 5049-2002 BIODGRD EROSION LOGS (18" DIA) LF 60.00 $7.15 $429.00 to $13.101 $186.00 TOTAL PRICE $75,028.39 $118,080.00 7/17/2008 ENGINEERING To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — July 22, 2008 Date: July 18, 2008 Agenda Item: Consider and act upon bid proposal for the US 380 / Coit Road Right Turn Lane and take any action necessary. Description of Agenda Item: With the opening of the new middle school along Coit Road north of US 380 school bus traffic is anticipated to travel US 380 and turn right on Coit Road. Currently along US 380 there does not exist a dedicated right turn lane at Coit Road, only a small shoulder not intended to be utilized as a turn lane. Town staff discussed this proposed turn lane improvement with the Texas Department of Transportation (TxDOT) Collin County Area Engineer in April 2008 and they agreed to provide the engineering services necessary to design the improvements in exchange for the Town constructing the improvements. On July 14, 2008, two (2) bids were received, one from JRJ Paving in the amount of $75,028.39, and the other from Reynolds Asphalt in the amount of $118,080. The construction estimate from TxDOT was approximately $40,000. TxDOT is also in the process of designing multiple turn lane projects along Custer Road and Preston Road for the Town of Prosper that are anticipated to be complete in September 2008. In order to potentially save money, the US 380 / Coit Road Right Turn lane could be rebid with those improvements. Those improvements include the following: Custer Road (FM 2478) o Northbound Left Turn Lane at First Street o Northbound Left Turn Lane at Prosper Trail Preston Road (SH 289) o Southbound Right Turn Lane at Broadway o Southbound Right Turn Lane at First Street o Northbound Right Turn Lane at First Street Budget Impact: The $75,028.39 cost for constructing the right turn lane is currently unfunded. Agenda Item No. 17 - Page 1 of 2 Legal Obligations and Review: The contract is a standard construction contract previously approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: • Bid Tab —1 page • Copy of Contract Agreement —1 page • Resolution authorizing the Town Manager to execute the agreement Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council 1) reject the bid on July 14, 2008, for the construction services for the US 380 / Coit Road Right Turn Lane and 2) direct staff to include the project with the upcoming Preston Road and Custer Road Turn Lane Improvements Project with the understanding that the construction of the US 380 / Coit Road Turn Lane will not be complete prior to the first day of school on August 25, 2008. Alternate Motion: 1) approve the bid to JRJ Paving LP, in the amount of $75,028.39, 2) enter into a contract agreement with JRJ Paving LP, regarding the construction services for the US 3801 Coit Road Right Turn Lane and 3) approve a resolution authorizing the Town Manager to execute the same Agenda Item No. 17 - Page 2 of 2