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HomeMy WebLinkAboutResolution No. 2015-047 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2015- O1F I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PARTIAL ASSIGNMENT OF CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND NFM SERVICES, LLC FOR THE PURPOSE OF EXECUTING A CHANGE ORDER WITH AMERICAN LANDSCAPE SYSTEMS, INC. FOR INSTALLATION OF A LAKE AERATION SYSTEM FOR THE BOARDWALK DISTRICT OF GRANDSCAPE; THAT THE FUNDING SOURCE FOR SAID CHANGE ORDER SHALL THE PUBLIC IMPROVEMENT DISTRICT NO. 1; THAT SAID PARTIAL ASSIGNMENT OF CONTRACT SHALL BE INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PARTIAL ASSIGNMENT OF CONTRACT; 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, has duly reviewed and considered the Partial Assignment of Contract by and between the City of The Colony and NFM Services, Inc. for the purpose of executing a Change Order to the existing contract with American Landscape Systems, Inc., which shall be for the purpose of installing a lake aeration system at the Boardwalk District of Grandscape. Section 2. That funding for said Change Order in the amount of$90,522.50 shall be provided by the Public Improvement District No. 1. Section 3. That this Contract, attached hereto as Exhibit "A", is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony,Texas, with the terms and conditions as stated therein. Section 4. 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 19th day of May, 2015. Joe McCourry, Mayor r City of The Colony, Texas ATTEST: aifiL-P. tittla-eni- ,,,''' OF THe"--, Christie Wilson, TRMC, City Secretary i tii;' :tz APPROVED AS TO FORM: /La TEX A5 o''' Jeff More, # ity Attorney / PARTIAL ASSIGNMENT OF CONTRACT This Partial Assignment of Contract ("Partial Assignment") is made effective as of the l day of May, 2015, from NFM SERVICES, LLC, a Texas limited liability company (the "Assignor"), with an address of 700 S. 72nd Street, Omaha, NE 68114, to THE CITY OF THE COLONY,TEXAS, a Texas home-rule municipality (the "Assignee"), with an address of 6800 Main Street,The Colony, Texas 75056. A. Pursuant to that certain Contract dated as of March 1, 2014, as amended (the "Site Work Contract") by and between Assignor and American Landscape Systems, Inc. ("ALS"), Assignor engaged ALS to construct certain site work within the `Boardwalk District" of the Grandscape project located near the intersection of State Highway 121 and S. Colony Bouleveard in The Colony, Texas (the "Project"), all as more particularly described in the Contract. B. A portion of the work to be completed by ALS pursuant to the Site Work Contract relates to certain public infrastructure to be completed by Assignee on property owned by Assignee (the "City Improvements") in accordance with the terms and conditions of the Contract relating to the City Improvements. C. In connection with construction of the City Improvements, Assignor and Assignee intend and agree that all of Assignor's right, title and interest in and to the Contract shall be assigned to Assignee, insofar and only insofar as the terms and conditions relate to the City Improvements. NOW THEREFORE, in consideration of Ten Dollars and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignment. Assignor hereby conveys and assigns to Assignee all of Assignor's rights, title and interests in, to and under the Contract with respect to the City Improvements, together with any and all rights relating thereto from and after the effective date hereof; insofar and only insofar as the Contract relates to the City Improvements. Specifically, the parties acknowledge and agree that the terms and conditions of that certain change order dated April 2, 2015,totaling $90,522.50, all as more particularly described on ExhibitA attached hereto and incorporated herein by reference (the "City Change Order") relate solely to the City Improvements and are hereby assigned to Assignee. 2. Assumption. Assignee hereby accepts this partial assignment of the Contract, including without limitation the City Change Order, and assumes and agrees to keep, perform and fulfill all of the duties, covenants, provisions, conditions and obligations of Assignor under the Contract, including without limitation the City Change Order, arising from and accruing from and after the effective date hereof, insofar and only insofar as such duties, covenants, provisions, conditions and obligations pertain to Assignee's ownership, use or activities related to the City Improvements. 4821-7099-8273.04 3. Indemnification. Assignor hereby agrees to indemnify, defend and hold Assignee harmless from and against any and all liabilities, claims, damages, costs or expenses (including reasonable attorneys' fees) arising from and against or relating to the Contract prior to the effective date hereof. To the extent allowed by law, Assignee hereby agrees to indemnify, defend and hold Assignor harmless from and against any and all liabilities, claims, damages, costs or expenses (including reasonable attorneys' fees) arising from or against or relating to the Contract insofar and only insofar as such liabilities, claims, damages, costs or expenses pertain to Assignee's ownership, use or activities related to the City Improvements on or after the effective date hereof. 4. Binding Effect. This Partial Assignment shall be binding upon and insure to the benefit of the parties hereto and their successors and assigns. [Remainder of Page Left Blank Intentionally] 2 4821-7099-8273.04 IN WITNESS WHEREOF, the parties hereto have executed this Partial Assignment as of the day and year first set forth above. ASSIGNOR: NFM SERVICES, LLC, a Texas limited liability company By: ',9r Name: /tyk., (; k Title: V:ce- fees:LI&- ASSIGNEE: THE CITY OF THE COLONY,TEXAS, A Texas home-rule municipality By: Name: Arlis Title: r —41v. A . . ♦ .► 3 4821-7099-8273.04 EXHIBIT A CITY CHANGE ORDER 4 4821-7099-8273.04 Change Order Project (Name and address) Change Order Number: Five(5)B Owner_, Nebraska Furniture Mart Date:April 2, 2015 Architect 121/Sam Rayburn Tollway Contractor_, The Colony,Tx Field Other To Contractor(Name and address) Architect's Project Number: American Landscape Systems, Inc. Contract Date: March 1, 2014 1780 Midway Rd. Contract for: Irrigation/Landscaping Lewisville,Tx 75056 The Contract is changed as follows: (Include,where applicable,any undisputed amount attributable to previously executed Construction Change Orders) Boardwalk District along 121 Frontage Road Add one(1)Lake Aeration System—Three(3)Aquaair Units $ 90,522.50 Change Order Total $ 90,522.50 The original contract sum was 53.295,650.00 The net change by previously authorized Change Orders 51,138,286.66 The Contract Sum prior to this Change Order 54.433,936.66 The Contract Sum will be increased by this Change Order in the amount of $ 90.522.50 The new Contract Sum including this Change Order will be $4,524,459.16 The Contract Time will be increased by zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is 01/01/2015 Note:This change Order does not Include changes In the Contract Sum,Contract Time,or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Directive. Graham Associates American Landscape )VFM Services City of The Colony Engineer Contractor Owner City 600 Slx Flags Or. 1780 Midway Rd. 700 S.72' Street 6800 Main Street Arlington,Tx 76011 Lewisville,Tx)5 6 � aha,Ne 68114 The Colony,Tx 75056 ° Sign lure Signs e nature Signa ure 5/51e19( 5/7/2015 Date Date Date ate • A M RICAN' Change Order 41 -0 AN DSCA l' E S Y S T L M S Dale , Change Order ti Prolessitmol 1.auglActipe lirrigiffiun Contriii14p. 1/20/2015 0102151 I 7811 rIld Road • I. IIk.Texas 7.511.56 Phttne: 469-A21-2200 • Fax: 469-521-22116 Project Information NFM Boardwalk - Aeration System Some/Address Landscape Architect/Address Irrigation Architect/Address NFM Services.LLC NiB.Inc. Irritech,LLC 7005.72od SI. 12770 Colt Rd.,Suite 210 12650 Schroeder Rd. Omaha.N1 68114 Dallas.TX 75251 Dallas.TX 75243 Plans Used In Old Specifications Used Ii,Bid Addenda Acknunledged W1,001.WFIOO.WFIOI.WF200-W17201.WF300. NI:M Boardwalk Specification Manual 112.18.141 NA C1.00-1.1.11.C2,00-2.01 101.13.151 Qly Item Description uiri Unit Cut Total COSI Miscellaneous Lake Aeration System LS S 90,522,50 S 90,522,50 'Iltree(3)Anuaair!loath%wins Project Subtotal $ 90,522.50 lesiu.i.regulated hs the I esas Cumintssion int 1-ns nonmental Quality(1121 Vi i N)Bus 1 IWO,Austin, 1-,:sas 78711-31187 —.711 Sales Tax Included ebsiie 1%,\11%.1kXLI.N1,111:3 .1IS "- PROJECT TOTAL S 90,522.50 Page lof3 . . . .... `! AMERICAN Change Order rtl-off\ LAN DSCAI' E g SYSTEMS Date Change Order N Professional Landscape/Irrigation Contractor 1/20/2015 010215IA-2 17811 Midway Ruud • Lewisville,Texas 75056 Phone: -69-521-2200 • Fax: 469-521-2206 American Landscape Systems, Inc. Supplemental Information Job Specific Notes -None General Conditions -Due to seasonal fluctuations in material pricing,this proposal is valid for 90 DAYS from date submitted. ALS reserves the right to update unit pricing with current market value should contracting discussions take place after this allotment of time. -ALS requires an advanced notice of FIVE(5)BUSINESS DAYS prior to any installation as to provide adequate time to locate underground utilities. Landscape material will not be installed prior to final acceptance of the irrigation system. -This proposal does not include existing tree protection/removal,rough grading. import/export of topsoil,or haul-off of trash/debris from other trades, Grade to be received at+/-0.10'from the final grade of the sub-grade,as defined in the landscape specifications. -This proposal does not include P&P/maintenance bonds,maintenance of erosion control,water meters,taps,boring for sleeves,or electrical source for controller. ALS will perform final hardwire to controller only. Electrical source must be within 5'of controller's final location. -All cost of utilities(water,electricity,communications,etc.)associated with the proposal have been excluded from this proposal unless specifically called out in this proposal. ALS assumes any utilities called to be picked up by"the contractor"in the specifications will be picked up and accounted for by the"General Contractor". -This bid is exclusive to the items listed. No assumptions shall be made on items not included within the wording of this proposal. Please confirm with ALS if items not listed are or are not included within these prices. -All pricing request must be submitted to an ALS employee via an official COR email. The email must contain exact instructions on what is being request and all corresponding plans affected by the COR. All change orders must be signed and approved before work is to commence. ALS will not begin on verbal notice to proceed. - Due to seasonal fluctuation in grower availability ALS cannot guarantee all plant specification will be met at the time of planting. ALS will advise the architect of any variations in plant sizes and will work with him/her to determine the best course of action. Additional funds/credits may be needed depending on the substitution that occurs. -ALS may be required to purchase some of the material listed in this proposal from vendors that require deposits or payment-in-full before the material can be shipped. ALS reserves the right to bill for this material on any pay-app necessary, even if the material has yet to be delivered to the jobsite, ALS will notify the General Contractor and owner of any material that this will be necessary for but will not order the material until adequate payment to place the order has been received. Page 2of3 ����*,-�! AMERICAN Change Order rton � LANDSCAPE SYSTEMS Date Chance Order # Professional Landxcupe'Irrigution Contractor 1/20/2015 010215IA-2 17811 Midwa}• Road • Lewisville.Texas 75056 Thune: 469-521-22011 • Fax: 469-521-2206 -In the event a Geotechnical Report is not provided,ALS assumes not rock will be encountered on-site and has included no rock excavation in our pricing. If rock is encountered in these situations.ALS will require a change order for additional labor required to install landscape and irrigation materials. Respectfully submitted by Aaron Jaska-Estimating Manager Page 3of3 .