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HomeMy WebLinkAboutResolution No. 04-31 RESOLUTION NO. 04- 3i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE CHANGE ORDERFOR THE CONSTRUCTION CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND JERUSALEM CORPORATION FOR A REDUCTION IN THE CONTRACT AMOUNT FOR REPAIRS OF STREETS IN PHASE IA OF THE 1999 THOROUGHFARE BOND PROGRAM, 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 agrees to the following: A REDUCTION 1N THE CONTRACT AMOUNT FOR REPAIRS OF STREETS YIN PHASE IA OF THE 1999 THOROUGHFARE BOND PROGRAM; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Change Order with JERUSALEM CORPORATION, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Change Order the City of The Colony is agreeing to a reduction in the contract in the amount of $50,665.75. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Change Order, 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, and the City Manager is hereby authorized to execute the Agreement 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 17th day of May, 2004. ~tl~y o~i~ed~ o~nY~: T ex as C'~istie Wilson, City Secretary [CITY SEAL] / Robert E. H~ge~ity A~tomey 63918 STATE OF TEXAS ) COUNTY OFDENTON ) CHANGE ORDER AND AMENDMENT OF CONTRACTOR'S CONTRACT THIS agreement is by and between the City of The Colony, Texas, a Texas home rule municipality, and Jerusalem Corporation, hereinafter known as Contractor, a Texas corporation and construction firm, with principal offices located in the state of Texas. WHEREAS, the City and Contractor have entered into an agreement such that the Contractor is to provide the following services: construction services for the Repairs to 1999 Thoroughfare Bond Program Streets Phase IA; and WHEREAS, the above referenced agreement provides that if there is a change in scope or focus of the activities in the contract, or if it is necessary for the Contractor to do additional work such that there is a significant additional cost or expense to the City, it is necessary for the City to approve such work and/or for the parties to change the contract; and WHEREAS, the parties recognize that it is necessary for Contractor to reduce work under the contract, such work which is set out in the attached Exhibit "A", which is attached hereto and incorporated herein as if set out in full herein; and WHEREAS, with this Change Order the City of The Colony is hereby approving such reduction in work and agreeing to decrease the contract price by the sum of $50,665.75 for such reduction in work; NOW, THEREFORE, for and in consideration of the mutual acts and covenants set out herein, the parties agree as follows: 1. Contractor, in addition to the work to be performed in the Contract dated December 15, 2003 shall perform the task(s) described in the attached Exhibit "A", basically described as reduction in services, including, but not limited to, paving, drainage and waterline improvements. 2. The amount to be paid to Jerusalem Corporation under such contract shall be decreased by the sum of $50,665.75, to reflect the reduction in work described in Exhibit "A". 3. This shall constitute an Authorization for a Change in Work as set out in the agreement between the parties, and an amendment to such contract. All of the terms and conditions of the original contract shall remain in full force and effect, as amended hereto, unless set out otherwise herein. Change Order #1.DOC Signed and effective on this the / '~ day of ~ ~ ~ CITY OF THE COLONY, TEXAS By: ~ Printed Name: ~¢I~. (~.~-.~ Title: AT~T~/~~v ~'~ ~'~' CITY SECRETARY Jerusalem Corporation, CONTRACTOR By: ~ Printed Name:J Change Order #1.DOC CITY OF THE COLONY DENTON COUNTY, TEXAS ENGINEERING AND PUBLIC WORKS DEPARTMENTS REPAIRS TO 1999 THOROUGHFARE BOND PROGRAM STREETS PHASE IA CHANGE ORDER FORM - EXHIBIT "A" DATE: 04/29/04 SHEET 1 OF 3 Change Order No. 1 To The Contract Dated 12/15/2003 between the City of The Colony (Owner) and Jerusalem Corporation for final payment based on final quantities. Pursuant to the provisions of Section 2, Article 8.12 of the General Conditions of the Contract, this Supplemental Agreement, when fully executed, shall constitute the authority to change the work of the project as follows, including quantities and total dollars: Change in Quantity of the Following Bid Items: ITEM DESCRIPTION QTY UNIT TOTAl, PRICE PRICE INCREASE IN QUANTITY 2 Rout and seal cracks in concrete 1,065.88 $2.25 $2,398.23 pavement for the sum of LF Two Dollars and Twenty-Five Cents. 8 Sawcut, remove and replace 1 $500.00 $500.00 concrete steps for the sum of EA Five Hundred Dollars and No Cents. 9 Sawcut existing concrete 8,416.60 $1.35 $11,362.41 driveway for the sum of LF One Dollar and Thirty-Five Cents. DECREASE IN QUANTITY 3 Sawcut, remove and replace (1,006.89) $50.00 ($50,344.50) concrete pavement for the sum of SY Fifty Dollars and No Cents. 4 Sawcut, remove and replace (262.4) $13.00 ($3,411.20) concrete curb for the sum of LF Thirteen Dollars and No Cents. SHEET 2 OF 3 5 Sawcut, remove and replace (161.19) $49.00 ($7,898.31) concrete sidewalk for the sum of SY Forty-nine Dollars and No Cents. 6 Sawcut, remove and replace (53.19) $41.50 ($2,207.38) concrete driveway for the sum of SY Forty-one Dollars and Fifty Cents. 7 Remove sod, fill and level grade, (71) $15.00 ($1,065.00) and replace with new sod for the SY sum of Fifteen Dollars and No Cents. Total Cost of Change Order No. 1 ($50,665.75) Original Amount of Contract $104,259.75 Total Amount of Change Order No. 1 ($50,665.75) Contract Amount after Change Order $53,594.00 Requested Additional No. Of Calendar Days To Be Considered Prior To The Final Payment 0 days. SHEET 3 OF 3 Please sign and return this change order to the Engineering Department as soon as possible so future payments may be processed. Thank You. City of The Colony's offer of proposed change: Printed Name: ~,~(--o (~o~J~ Date: Title: C(4'~ ~"50" Contractor: c) ~'~S~rC.~,~ t~.~, BY: Date: Printed Name:~-Fo¢, Title: Engineer: /V~ Date: q//2.q//oq BY: Printed Name:C~ Title: ~