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Home My WebLink AboutResolution No. 2014-065 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2014- O US A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CAM-CRETE CONTRACTING, INC. FOR THE PURPOSE OF CONSTRUCTING OVERFLOW PARKING AT PERRYMAN PARK; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves awarding a bid to Cam-Crete Contracting, Inc. for the purpose of constructing Overflow Parking at Perryman Park, with funding provided by the Community Development Corporation. Section 2. That the city manager is authorized to execute said contract, including Alternate#1, in the amount of$72,000.00. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 30th day of September, 2014. •e Mc o y, Mayor City of The Colony, Tex. (:ST: 'stie Wilson, T' C, City Secretary r • APPROVED AS TO FORM: 41, rAalt Jeff oor , City Attorney Perryman Park—Parking August,Au ust,2014 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ' ON THE BASIS OF A STIPULATED PRICE ' THIS AGREEMENT is dated as of the 30th day of September, 2014 by and between the CITY OF THE COLONY,TEXAS,a municipal corporation(hereinafter called OWNER)and Cam-Crete Contracting,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: Perryman Park- Overflow Parking includes the installation of the parking lot flexbase subgrade, ' the construction of concrete parking lot pavement, and adjoining concrete sidewalks & flatwork, earthwork, erosion control,turf establishment and associated elements. ' The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: tPerryman Park- Overflow Parking City of The Colony BID #50-14-21 Perryman Park ' Article 2. ENGINEER. ' The City of The Colony Parks and Recreation Department has designed the Project. The Bidding and Contract Documents have been established by the City of The Colony Parks and Recreation Department. Contract administration will be provided by the City of The Colony Parks and Recreation Department who 1 is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority 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. ' The Work on Perryman Park- Overflow Parking will be completed and ready for final acceptance on November 15, 2014. The calendar days to completion noted above run from the date when the Contract Time commences, as provided in Item 108.2 of the General Provisions, and project will be completed and ready for final payment in accordance with Item 109 of the General Provisions. 1 ' CONTRACT DOCUMENTS 28 Perryman Park—Parking August,Au ust 2014 Article 4. CONTRACT PRICE. ' OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 -Proposal and Bid Schedule. The contract sum shall be the amount of seventy-two thousand Dollars and zero Cents ($72,000.001. The total tangible personal property cost included in the contract sum is $43,200.00. ' Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109 of the General t Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price 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 schedule of values established in Item 109 of the General ' Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. ' 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Item 109.5 of the General Provisions,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 Item 1.09.4 of the General Provisions of the NCTCOG Specifications. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions,OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST.due llltelest shall eve' be due Ulu lute puyllleluts. 1 Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following ' representations: 7.1. CONTRACTOR has studied carefully all subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 103.1 of the General Provisions, and accepts the determination set forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies ' (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, ' CONTRACT DOCUMENTS 29 Perryman Park—Parking August,Au st,2014 progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 103.1 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be ' required by CONTRACTOR for such purposes. 7.3. 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 the other terms and conditions of the Contract Documents, including specifically the provisions of Items 103.1, and 107.23 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations,tests,reports, and studies with the terms and conditions of the Contract Documents. r7.5. 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 1-28 through 1-32, inclusive). 8.2. Exhibits to this Agreement(immediately following this Agreement, inclusive). 8.3. Certificate of Insurance(page 1-33). 1 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, ' NCTCOG, fourth edition. 8.6. Specifications bearing the title: "PROJECT MANUAL" - Proposal, Contract, Bond Forms, and Specifications for Construction of the Perryman Park-Overflow Parking,City of The Colony,BID #50-14-21 Perryman Park; Contractor's Proposal, Bid Schedule, and Summary of Section 1 - Bidding and Contract Documents. ' 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are ' not attached hereto: All Written Amendments/Addenda and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. ' CONTRACT DOCUMENTS 30 1 Perryman Park—Parking Addition August,2014 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101 of the General Provisions will have the meanings indicated in the General Provisions. ' 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party 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 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. The Contract Documents may only be amended,modified,or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. 1 1 CONTRACT DOCUMENTS 31 Perryman Park-Parking Addition August,2014 1 This Agreement will be effective on the 3rilday of,, el-19d,2014. ' OWNER: CONTRACTOR: City of The Colony Cam-Crete Contracting,Inc. 6800 Main Street P.O. Box 3312 ' The Colony,TX 75056Cedar Hill,Texas 75106 BY:f)CI\Ir‘iftol\ C. CAN-NCI V1 TITLE: City Ma ger TITLE: Preside t ATTEST: n A ^ ti,Q (N,./ " ATTEST: cioAL iAddress for giving notices: Address for giving notices (if different from above): City of the Colony PMM� ®rc/ �R 6800 Main Street FSb fo "77/ The Colony,Texas 75056 ' Attn: Eve Morgan Park Development Manager ' (If OWNER is a public body, attach evidence of authority to sign and (If CONTRACTOR is a corporation,attach evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) 1 I I t CONTRACT DOCUMENTS 32