R-2018-5986 - 10/11/2018 RESOLUTION NO. R-2018-5986
WHEREAS, on June 22, 20175 the City Council approved a contract with Lone Star Paving for
the 2017 Street Maintenance Program Chip Seal Project, which included University Boulevard
between A.W. Grimes and County Road 110, and
WHEREAS, during the re-paving of University Boulevard, certain serious failures were
discovered, and
WHEREAS, the cost of repairing these failures exceeds the maximum amount allowed by state
law for a change order, and
WHEREAS, said failures have an adverse impact on the public health and safety of the City's
residents, and
WHEREAS, Lone Star Paving has submitted a proposal to repair said failures, and
WHEREAS, because of the foregoing facts, it is not necessary for the City to comply with the
competitive bidding requirements of the Local Government Code,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby determines that the repairs necessitated by the failures discovered
in University Boulevard are necessary to preserve or protect the public health or safety of the City's
residents, and
BE IT FURTHER RESOLVED
That the Mayor is hereby authorized and directed to execute on behalf of the City, an
amendment to the 2017 Street Maintenance Program Chip Seal Project with Lone Star Paving to repair
the aforesaid failures for $192,000.00.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
01111804,00410694
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 1 lth day of October, 2018.
- A /M /'
CRAIG ORG Mayor
City of ound R , Texas
ATTEST:
%M L- ,
SARA L. WHITE, City Clerk
2
EXHIBIT
„A»
AMENDMENT NO. 1
TO STANDARD FORM OF AGREEMENT BETWEEN
CITY OF ROUND ROCK AND LONE STAR PAVING
This Amendment No. 1 to Standard Form of Agreement Between City of Round Rock and Lone Star Paving
(this "Amendment") is made by and between the City of Round Rock ("Owner") and Lone Star Paving
("Contractor").
WHEREAS,the Owner and Contractor executed the Standard Form of Agreement on the 13'day of July,
2017 in the amount of$527,623.75; and
WHEREAS,during Contractor's execution of the Work, it was determined that serious failures and defects
existed in University Blvd.that resulted in potential harm to the public health and safety of City residents;
and
WHEREAS, the cost of repairing said failures and defects exceeds the amount allowed by state law for
change orders; and
WHEREAS, because the defects and failures impact the public health and safety, it is not necessary to
advertise for bids for the cost of the repairs;
NOW THEREFORE, premises considered, the Owner and Contractor agree that said Standard Form of
Agreement is amended as follows:
I.
The Work of this Amendment
1.1 The Work of this Amendment shall consist of two passes of full width milling on University Blvd.
between AW Grimes and CR 110. Each pass shall be the depth of at least 1.5 inches for a total of 3.0
inches. The milling depth shall be more than 3.0 inches if required to completely remove the top lift
overlay of asphalt surface course.The Contractor shall fully execute the Work as described above.
II.
Commencement and Completion of the Work
2.1 The Contract Time for this Amendment shall be measured from the date delineated in the Notice
to Proceed.
2.2 Contractor shall commence the Work within 10 calendar days from the Notice to Proceed.
2.3 Contractor shall achieve Substantial Completion of the Work no later than 30 calendar days from
issuance of the Notice to Proceed.
Contract Amendment No 1
2.4 Contractor shall achieve Final Completion of the Work no later than 30 calendar days from
issuance of the Notice to Proceed.
III.
Contract Sum
3.1 Owner shall pay Contractor the amount of$192,500.00 for the Contractor's performance of the
Work described in this Amendment.
IV.
Payments
4.1 Owner shall pay Contractor progress payments and the final payment in accordance with the
terms and provisions of Article 5 of the Standard Form of Agreement.
V.
Bonds
5.1 Contractor agrees to provide the Owner with supplemental Payment and Performance Bonds to
reflect the increase in the Contract Sum reflected by this Amendment.
VI.
Definitions
6.1 All capitalized terms used in this Amendment shall have the meanings ascribed to them in the
Contract Documents,or as otherwise provided herein.
VII.
Effect of this Amendment
7.1 Except as specifically provided in this Amendment,the terms of the Standard Form of Agreement
and the Contract Documents continue to govern the rights and obligations of the Owner and Contractor,
and all terms of the Agreement and Contract Documents remain in full force and effect.
OWNER
CITY OF ROUND ROCK,TEXAS
By:
Craig Morgan, Mayor
Signed this day of , 2018
[Type here]
CONTRACTOR
LONE STAR PAVING
By: (signature)
(printed name)
(title)
Signed this day of , 2018
[Type here]