HomeMy WebLinkAboutOrdinance No. 310 ORDINANCE
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH CANTERBURY EXCAVATING COMPANY,
IN THE AMOUNT OF $~ FOR
THE
PURPOSE
OF DOING ALL THE DIRT WORK TO PREPARE THE SOFT -
BALL FIELDS ON THE B.B. OWENS PARK SITE; ATTACH-
ING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A" ;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of
The Colony, Texas is hereby authorized to execute on be-
half of the City a contract with the firm of Canterbury
Excavating Company, in the amount of $ ~,~OO,OO/~ to
prepare softball fields on the B. B. Owens park site.
The approved form of such contract is attached hereto as
Exhibit "A", and made a part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately
from and after its passage by the City Council of the City of
The Colony, Texas.
DULY PASSED BY THE CITY COUNCIL of the City of The Colony,
Texas on the _/q~\ day of November , 1984.
APPROVED:
ATTEST:
Jane~add, City Secretary
[SEAL]
· ~E AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A401
SUBCONTRACT
Standard Form of Agreement Between
£ontrador and Subcontractor
" 1978 EDITION
Use~ith the latest edition of the appropriate AIA Documents as follows:
Al01, Owner-Contractor Agreement -- Stipulated Sum
AII~, Abbreviated Owner-Contractor Agreement with General Conditions
Al1~, Owner-Contractor Agreement-- Cost plus Fee
A2~, General Conditions of the Contract for Construction.
~ DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ~.ORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
This.i~curnent has been approved and endorsed by the American Subcontractors Association
and the Associated Specialty Contractors, Inc.
AGREEMENT
made as of the third daY of December in the year Nineteen
Hundred and E-l~ty Four
BETWEEN the C~ntractor: City of The C01ony
Su~bcor~actor: Ganterbury Excavating Co.
and
the
The Project: ~tball Fie!ds @ Underwood Br. & Squires Drive
The Owner: C'i~ of The Colony
~ng,ioeer
The ~cntt~: H. B. Jones Consulting Engineers
The Contractor~d Subcontractor agree as set forth below.
ARTICLE 'I
THE CONTRACT DOCUMENTS
1.1 The Contract Documents for this Subcontract consist of this Agreement and any Exhibits attached hereto, the
Agreement between the Owner and Contractor d~ted as of , the Conditions of the
Contract between the Owner and Contractor (General, Supplementary and other Conditions), the Drawings,
the Specifications, all Addenda issued prior to and all Modifications issued after execution of the Agreement
between the Owner and Contractor and agreed upon by the parties to this Subcontract. These form the Sub-
contract, and are as fully a part of the Subcontract as if attached to this Agreement or repeated herein.
1.2 Copies of the above documents which are applicable to the Work under this Subcontract shall be furnished to
the Subcontractor upon his request. An enumeration of the applicable Contract Documents appears in Arti-
cie 15.
ARTICLE 2
THE WORK
2.1 The Subcontractor shall perform all the Work required by the Contract Documents for
SEE ATTACHED EXHIBIT "A"
ARTICLE 3 ?'
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The Work to be performed under this Subcontract shall be commenced within thirty (30) workJ, ng days
and, subject to authorized adjustments, shah be substantially completed not late.' than twenty (20) working days
3.2 Time is of the essence of this Subcontr.~ct.
3.3 No extension of time will be valid without the Contractor's written consent after claim made by the Subcon-
tractor in accordance with Paragraph 11.10.
ARTICLE 4
THE CONTRACT SUM
4.1 The Contractor shall pay the Subcontractor in current funds for the performance of the Work, subject to addi-
tions and deductions authorized pursuant to Paragraph 11.9, the Contract Sum of
dollars ($ ).
The Contract Sum is determined as follows: SEE EXHIBTT "A" ATTACHED
ARTICLE 5
PROGRESS PAYMENTS
5.1 The Contractor shall pay the Subcontractor monthly progress payments in accordance with Paragraph 12.4 of
this Subcontract.
5.2 Applications f~r monthly progress payments shall be in writing and in accordance with Paragraph 11.8, shall
state the estimated percentage of the Work in this Subcontract that has been satisfactorily completed and shall
be submitted to the Contractor on or before the 25'ch day of each month.
5.3 When the Subcontractor's Work or a designated portion thereof is substantially complete and in accordance with
the Contract Documents, the Contractor shall, upon application by the Subcontractor, make prompt application
for payment of such Work. Within thirty days following issuance by the Architect of the Certificate for Payment
covering such substantially completed Work, the Contractor shall, to the full extent provided in the Contract
Documents, make payment to the Subcontractor of the entire unpaid balance of the Contract Sum or of that
portion of the Contract Sum attributable to the substantially completed Work, less any portion of the funds for
the Subcontractor's Work withheld in-accordance with the Certificate to cover costs of items to be completed
or corrected by the Subcontractor.
5.4 Progress payments or final payment due and unpaid under this Subcontract shall bear interest from the date
payment is due at the rate entered below or, in the absence thereof, at the legal rate prevailing at the place of
the Project.
ARTICLE 6
FINAL PAYMENT
6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be due when the Work de-
scribed in this Subcontract is fully completed and performed in accordance with the Contract Documents and
is satisfactory to the Architect, and shall be payable as follows, in accordance with Artlcle 5 and with Paragraph
12~4 of this Subcontract:
6.2 Before~issuance of the final payment, the Subcontractor, if required, shall submit evidence satisfactory to the
Contractor that all payrolls, bills for materials and equipment, and all known indebtedness connected with the
Subcontractor's Work bare been satisfied.
ARTICLE 7
PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
~)1978 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., H.W., WASHINGTON, D.C. 20~6 A401-1978 3
ARTICLE 8
TEMPORARY FACILITIES AND SERVICES
8.1 Unless otherwise provided in this Subcontract, the Cpntractor shall furnish and make available at no cost to the
Subcontractor the following temporary facilities and services:
t /A
ARTICLE 9
INSURANCE
9.1 Prior to starting work, the Subcontractor shall obtain the required insurance from a responsible ·insurer, and
shall furnish satisfactory evidence to the Contractor that the Subcontractor has complied with the requirements
of this Article 9. Similarly, the Contractor shall furnish to the Subcontractor satisfactory evidence of insurance
required of the Contractor by the Contract Documents·
9.2 The Contractor and Subcontractor waive all rights against each other and against the Owner, the Architect,
separate cot. tractors and all other subcontractors for damages caused by fire or other perils to the extent cov-
ered by property insurance provided uffder the General Conditions, except such rights as they may have to the
proceeds of such insurance·
ARTICLE 10
WORKING CONDITIONS
(Here insert any applicable attangemenls concerning working conditions and labor rnaltets lot the Project.)
N/A
GENERAL CONDITIONS
ARTICLE 11 by the Contractor, to verify compliance with the above
SUBCONTRACTOR requirements.
11.3 LAWS, PERMITS, FEES AND NOTICES
11.1 RIGHTS AND ~NSIBILITIES
11.3.1 The Subcontractor shall give ail notices and com-
11.1.1 The Subcont~ctor shall be bound to the Contrac- ply with all laws, ordinances, rules, regulations and orders
tot by the terms of ~Agreement and, to the extent that of any public authority bearing on the performance of
provisions of the Contract Documents between the the Work under this Subcontract. The Subcontractor shall
Owner and Contrac~mapply to the Work of the Subcon- secure and pay for all permits and governmental fees, Ii-
tractor as defined in this Agreement, the Subcontractor censes and inspections necessary for the proper execution
shall assume toward the Contractor ail the obligations and completion of the Subcontractor's Work, the furnish-
and responsibilities ~l~ich the Contractor, by those Docu- lng of which is required of the Contractor by the Contract
ments, assumes tow,m] the Owner and the Architect, and Documents.
shall have the benef~ of all rights, remedies and redress
against the Contraclm which the Contractor, by those 11.3.2 The Subcontractor shall comply with Federal,
Documents, has aga~st the Owner, insofar as applicable State and local tax laws, social security acts, unemploy-
to this Subcontract, p~ovided that where any provision of ment compensation acts and workers' or workmen's com- ·
the Contract Docum~ts between the Owner and Con- pensation acts insofar as applicable to the performance
tractor is inconsistent with any provision of this Agree- of this Subcontract.
ment, this Agreement shall govern. .. 11.4 WORK OF OTHERS
11.1.2 The Subconlractor sha[I not assign this subcon- 11.4.1 in carrying out his Work, the Subcontractor shah
tract without the w~ilten consent Of the Contractor, nor take necessary precautions to protect properly the fin-
subcontract the whole of this Subcontract without the ished work of other trades from damage caused by his
written consent of the Contractor, nor further subcontract operations.
portions of this Subo~ntract without written notification 11.4.2 The Subcontractor shah cooperate with the Con-
to the Contractor w~en such notification is requested by tractor and other subcontractors whose work might inter-
the Contractor. The Subcontractor shah not assign any fete with the Subcontractor's Work, and shall participate
amour~ts due or to [~ecome due under this Subcontract
in lhe preparation of coordinated drawings in areas of
without written notice to the Contractor. congestion as required by the Contract Documents, spe-
11.2 EXECUTION ~ PROGRESS OF THE WORK cifically noting and advising the Contractor of any such
11.2.1 The Subcon~actor agrees that the Contractor's interference.
equipment will be a~ailable to the Subcontractor only at 11.5 SAFETY PRECAUTIONS AND PBOCEDURES
the Contractor's diso-etion and on mutually satisfactory 11.5.1 The Subcontractor shah take ail reasonable safety
terms, precautions with respect to his Work, shall comply with
11.2.2 The Subconl~ctor shall cooperate with the Con- ali safety measures initiated by the Contractor and with
tractor in scheduling and performing his Work to avoid all applicable laws, ordinances, rules, regulations and or-
conflict or interference with the work of others, ders of any public authority for the safety of persons or
11.2.3 The Subconlractor shall promptly submit shop property in accordance with the requirements of the
drawings and samples required in order to perform his Contract Documents. The Subcontractor shall report
Work efficiently, e~editiously and in a manner that will within three days to the Contractor any injury to any of
not cause delay in the progress of the Work of the Con- the Subcontractor's employees at the site.
tractor or other sui~ontractors. 11.6 CLEANING UP
11.2.4 The Subcont~ctor shall furnish periodic progress 11.6.1 The Subcontractor shall at all times keep the
reports on the Wo~ as mutually agreed, including infor- premises free from accumulation of waste materials or
mation on the status of materials and equipment under rubbish arising out of the operations of this Subcontract.
this Subcontract which' may be in the course of prepara- Unless otherwise provided, the Subcontractor shall not be
tion or manufacture, held responsible for unclean conditions caused by other
11.2.5 The Subcontractor agrees that all Work shall be contractors or subcontractors.
done subject to the final approval of the Architect. The 11.7 WARRANTY
Architect's decisions in matters relating to artistic effect 11.7.1 The Subcontractor warrants to the Owner, the
shall be final if consistent with the intent of the Contract Architect and the Contractor that ail materials and equip-
Documents. merit furnished shall be new unless otherwise specified,
11.2.6 The Subcontractor shall pay for all materials, and that all Work under this Subcontract shall be of good
equipment and labor used in, or in connection with, the quality, free from faults and defects and in conformance
performance of this Subcontract through the period coy- with the Contract Documents. Ail Work not conforming
ered by previous p~ments received from the Contractor, to these requirements, including substitutions not prop-
and shall furnish satisfactory evidence, when requested edy approved and authorized, may be considered defec-
~1978 · THE .a~41ERIC~ INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 200(~ A401-1978 5
Contract Documenls between the Owner and the Con- progress payment computed as provided in Subparagraph
tractor is inconsistent with any provisions of this Agree- 12.4.1 or the final payment as provided in Article 6.
ment, this Agreement shall govern. 12.5 CLAIMS BY THE CONTRACTOR
12.2 SERVICES PROI~IDED RY THE CONTRACTOR 12.5.1 The Contractor shall make no demand for liqui-
12.2.1 The Contractor shall cooperate with the Subcon- dated damages for delay in any sum in excess of such
tractor in scheduling and performing his Work to avoid amount as may be specifically named in this Subcontract,
conflicts or interference in the Subcontractor's Work, and and liquidated damages shall be assessed against this
shall expedite written responses to submittals made by Subcontractor only for his negligent acts and his failure to
the Subcontractor in accordance with Paragraphs 11.2, act in accordance with the .terms of this Agreement, and
11.9 and 11.10. As .~on as practicable after execution of in no case for delays or causes arising outside the scope
this Agreement, the Contractor shall provide the Subcon- of this Subcontract, or for which other subcontractors are
tractor a copy of the estimated progress Schedule of the responsible.
Contractor's entire Work which the Contractor has pre- 12.5.2 Except'as may be indicated in this Agreement, the
pared and submitted for the Owner's and the Architect's Contractor agrees that no claim for payment for services
information, tol~ether with such additional scheduling rendered or materials and equipment furnished by the
details as will enable the Subcontractor to plan and per- Contractor to the Subcontractor shall be valid without
form his Work properly. The Subcontractor shall be noti- prior notice to the Subcontractor and unless written no-
fled promptly of any subsequent changes in the progress tice thereof is given by the Contractor to the Subcontrac-
schedule and the additional scheduling detai~s, tot not later than the tenth day of the calendar month
12.2.2 The Contractor shall provide suitable areas for following that in which the claim originated.
storage of the Sub{contractor's materials and equipment 12.6 CONTRACTOR'S REMEDIES
during the course of the Work. Any additional costs to
the Subcontractor resulting from. the relocation of such 12.6.1 If the Subcontractor defaults or neglects to carry
facilities at the direction of the Contractor snail be reim- out the Work in accordance with this Agreement and falls
within three working days after receipt of written notice
bursed by the Conlmctor. from the Contractor to commence, and continue coffee-
12.3 COMMUNICATIONS tion of such default or neglect with d'iligence and prompt-
12.3.1 The Contractor shall promptly notify the Subcon- ness, the Contractor may, after three days following re-
tractor of all modifications to the Contract between the ceipt by the Subcontractor of an additional written no-
Owner and the Contractor which affect this. Subcontract tice, and without prejudice to any other remedy he may
and which were issued or entered into subsequent to the have, make good such deficiencies and may deduct the
execution of this Subcontract. cost thereof from the payments then or thereafter due the
Subcontractor, provided, however, that if such action is
12.3.2 The Contractor shall not give instructions or or- based upon faulty workmanship or materials and equip-
ders directly to employees or workmen of the Subcon-
ment, the Architect shall first have determ]ned that the
tractor except to persons designated as authorized repre- workmanship or materials and equipment are not in ac-
sentatives of the Subcontractor. cordance with the Contract Documents.
12.4 PAYMENTS'I'O THE SUBCONTRACTOR
' 12.4.1 Unless otherwise provided in the Contract Docu- ARTICLE 13
ments, the Contractor shall pay the Subcontractor each ARBITRATION
progress payment and the final payment under this Sub- 13.1 All claims, disputes and other matters in question
contract within three working days after he receives pay- arising out of, or relating to, this Subcontract, or the
ment ~from the Owner, except as provided in Subpara- breach thereof, shall be decided by arbitration, which
graph 12.4.3. The amount of each progress payment to shah be conducted in the same manner and under the
the Subcontractor shall be the amount to which the Sub-
same procedure as provided in the Contract Documents
contractor is_entitled, reflecting the percentage of cum- with respect to disputes between the Owner and the
pletion allowed to the Contractor for the Work of this Contractor, except that a decision by the Architect shall
Subcontractor applied to the Contract Sum of this Sub- not be a condition precedent to arbitration. If the Con-
contract, and the percentage actually retained, if any, tract Documents do not provide for arbitration or fail to
from payments to ~ Contractor on account of such Sub- specify the manner and procedure for arbitration~it shall
contractor's Work, plus, to the extent permitted by the be conducted in accordance with the Construction In-
Contract Documents, the amount allowed for materials dustry Arbitration Rules of the American Arbitration Asso-
and equipment suilably stored by the Subcontractor, tess clarion then obtaining unless the parties mutually agree
the aggregate of previous payments to the Subcontractor. otherwise.
12.4.2 The Cont~ctor shall permit the Sbhcontractor to 13.2 Except by written consent of the person or entity
request directly from the Architect information regarding sought to be joined, no arbitration arising out of or relat-
the percentages of completion or the amount certified on lng to the Contract Documents shalt include, by consoli-
account of Work done by the Subcontractor. dation, joinder or in any other manner, any person or en-
12.4.3 If the Architect does not issue a Certificate for tity not a party to the Agreeme.nt under which such arbi-
Payment or the Contractor does not receive payment for tration arises, unless it is shown at the time the demand
any cause which is not the fault of the Subcontractor, the for arbitration is filed that (1) such person or entity is sub-
Contractor shall pay the Subcontractor, on demand, a stantially involved in a common question of fact or law,
AIA DOCUMENT A401 o CONTRACTOR-SUBCONERACTOR AGREEMENT · ELEVENTH EDITION ° APRIL 1978 · AIAO
~1978 · THE AMERICAN INSTITUIE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2(]006 A401-1978 7
(2) the presence of such person or entity is required if ARTICLE 14
complete relief is to be accorded in the arbitration, (3) TERMINATION
the interest or responsibility of such person or entity
in the matter is not insubstantial, and (4) such person or 14.1 TFRMINATION BY THF SUBCONTRACTOR
entity is not the Architect, his employee or his consultant. 14.1.1 If the Work is stopped for a period of thirty days
This agreement to,arbitrate and any other written agree- through no fault of the Subcontractor because the Con-
merit to arbitrate with an additional person or persons tractor has not ,made payments thereon as provided in
referred to herein shall be specifically enforceable under this Agreement, then the Subcontractor may without prei-
the prevailing arbitration law. udice to any other remedy he may have, upon seven addi-
tional days' written notice to the Contractor, terminate
13.3 The Contractor shall permit the Subcontractor to this Subcontract and recover from the Contractor pay-
be present and to submit evidence in any arbitration pro- ment for all Work executed and for any proven.loss re-
ceeding involving his rights, suiting from the stoppage of the Work, including reason-
13.4 The Contractor shall permit the Subcontractor to able overhead, profit and damages.
exercise whatever rights the Contractor may have under 14.2 'tERMINATION BY THE CONTRACTOR
the Contract Documents in the choice of arbitrators in 14.2.1 If the Subcontractor persistently or repeatedly
any dispute, if the sole cause of the dispute is the Work, fails or ne§lects to carry out the Work in accordance with
materials, equipment, rights or responsibilities of the Sub- the Contract Documents or otherwise to perform in ac-
contractor; or if the dispute involves the Subcontractor cordance with this Agreement and fails within seven .day:;
and any other subcontractor or subcontractors jointly, the after receipt of written notice to commence and continue
Contractor shall permit them to exercise such rights correction of such default or neglect with diligence and
jointly, promptness, the Contractor may, after seven days follow-
13.5 The award rendered by the arbitrators shall be final, lng receipt by the Subcontractor of an additional written
and judgment may be entered upon it in aCCordance with notice and without prejudice to any other remedy he
applicable law in any court having jdrisdiction thereof, may have, terminate the Subcontract and finish the Work
by whatever method he may deem expedient. If the
13.6 This Article shall not be deemed a limitation of any unpaid balance of the Contract Sum e~cceeds the expense
rights or remedies which the Subcontractor may have un- of finishing the Work, such excess shall be paid to the
tier any Federal or State mechanics' lien laws or under Subcontractor, but if such expense exceeds such unpaid
any applicable labor and materia[ payment bonds unless balance, the Subcontractor shall pay the difference to the
such rights or remedies are expressly waived .by him. Contractor.
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings des-
ignated in those Conditions.
15.2 The Contract Documents, which constitute the entire Agreement between the Owner and the Contractor, are
listed in Article 1, and the documents which are applicable to this Subcontract, except for Addenda and Modi-
fications issued after execution of this Subcontract, are enumerated as follows:
· This Agreement entered into as of the day and year first written above.
C-(~ N-T'R'~=-T-O R - - g W N E R SUBCONTRACTOR
CI.I;Y OF THE ~,OLONY~ TEXAS CANTERBURY EXCAVATING CO.
/
s Ronald S. MuraW~ki, Chie~ Estimator
EXHIBIT "A"
CANTERBURY EXCAVATING CO.
PHONE (214)556-0586 * P.O.BOX 20154
DALLAS. TEXAS 75220
November 7, 1984
Buford and'Work Architects
5305 Lee F'Arkway, Suite 206
Dallas, Texas 75219-5173
Re: Softball Fields For City Of The Colony, Texas
Attn.: Mr. Fred Buford
Gentlemen:
We propose to perform the following work at the above-
mentioned site:
1. Perform site excavation per drawings by H.B.Jon~s.dated
June 25. 1984.
2. Compact fills;
3. Rough grade; '
for the lump SLIm price of $29,000.00.
If excess material can be wasted on-site, deduct $7,300.00.
For us to perform the engineering/grade stakes, add
$1,500.00.
We specifically include all of the above items~ but do not
include any engineering or grade stakes, testing, backfill of
any kind, replace topsoil, sand cusihion, crushed stone/flex
base, lime stabilization, structural excavation, removal of
beam or pier spoils, demolition, dewatering, or handwork.
If-bond is required, add 1.5% to the above price.
This quotation wilt remain in effect for 30 days from the
above date.
Si ncerely,
Ronald S. Murawski
Chief Estimator