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HomeMy WebLinkAboutOrdinance No. 417...... · CITY OF THE COLONY, TEXAS " .. :.. ORDINANCE .4/7 AN ORDINANCE OF THE CITY OF THE COLONy, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT / .. WITH Marcon Construction,Inc. IN THE AMOUNT OF $_2~ FOR THE Construction of the Municipal Complex and Library ; ATTACHING THE APPROVED FORM OF CONTRACT A5 EXHIBIT AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY) TEXAS: SEC13ON 1. That the City Manager of the City of The Colony) Texas is hereby authorized to execute on behalf of the City a contract with Marcon Construction, Inc. in the amount of $ 2,092,700.00 for the qonsl~ructi0n of Municipal Complex & Library. 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 Councit of the City of The Colony, Texas. DULY PASSED AND A~P~.ROVED by the City Council of the City of The Colony, Texas, on this the ~ ~-~ day of APPROVED: L~./~arr~ L). bamp~e, /V~yor ATTEST: l~atti 3one~fCity- Secretary Is E AL] I'HE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Betweer Owner and Contractor where the basis of paFment is a STIPULATED SUM 1977 EDITION TH~S DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITFI AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODI?ICATIOH Useonly with the 1976 Edition of AIA Document A201, General Conditions of the Contrac,, for Construction. This documem has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the twenty-third day of April in the year of Nineteen Hundred and Eighty-six BETWEEN the Owner: The City of the Colony 5576 N. Colony Blvd. The Colony, Texas 75056 214/370-1756 and the Contractor: Marcon Construction, Znc. 3.4452 Beltwood Parkway West Dallas, Texas 75244 214/980-0210 The Project: ~]unicipal Facilities, The City of the Colony Municipal, Recreation, Library Facilities Allen and N. Colony Blvd. The Colony, Texas TheArchitect: FRS Design Group 2501 Parkview Drive, Suite 210 Fo%t Worth, Texas 76102 817/334-0556 The Owner and the Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- culion of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shal~ perform all the Work required by the Contract Documents for The complete construction and site work for the municipal facilities located at Allen and North Colony Blvd., The Colony, Texas, consisting of a municipal building, library building, and recreational facilities all in accordance with plans and specifications prepared by FRS Design Group. This contract also includes the acceptance of Alternates 1, 3, 4, 5, 6, 7, 8, 9 as submitted in the bid package. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced within ten days after receipt of building permit and authorization to proceed. and, subject to authorized adjustments, Substantial Completion shall be achieved not later than four hundred twenty calendar days (420) The Owner may retain the sum of $750.00 for each consecutive calendar day after the completion date that the work remains uncompleted, which sum is agreed upon as the proper measure of the liquidated ~ damages which the Owner will sustain per diem by the failure of the Contractor to complete the project at the time stipulated in the contract. Time is of the essence for performance of all obligations imposed by this Contract. AIA DOCUMENT A101 · OWNER-CONTRACTOR AGRE£F. ENT · ELEVENT ©1977 · THE AMERICAN INSTTUT[ OF ARCHITECTS, 1735 N£W YORK AV~.H, EDITION · JUNE 1977 * AIA® N.W., WASHINGTON, D. C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Two Million Ninety-two Thousand Seven Hundred Dollars ($2,092,700) The Contract gum is determined as follows: Base Bid 1,988,000 See attached unit price Alternate 1 17,300 schedule " 3 10,000 Attachment #2 dated 4-23-86 " 4 (2,800) " 5 :8,000 " 6 16,000 " 7 27,0'0~ " 8 20,800 " 9 8,400 ARTICLE S PROGRESS PAYMENTS submitted to the Architect by the Contractor and Certificates for Based upon Applications for Payment : Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the twenty-fiEth day of the month as follows: Not later than ten days following the end of the period covered by the Application for Pa. yment e~aulinety.-Eiveperce.nt ( 95 %) of the portion of ihe Contract' er ? pmenl incorporated ~n the Work and . , . Sum prop y allocable to labor ma ;~- ~-~ ~um properly al ocab~e to material~ '~ ~_n. znety-f~ve percent ( ~ ~%) of the ~.,;~ in writing, for the period covered b~ ..u ~u~pment ~u/taolv stor-~ -..~- -'. ~? _ ~.,.~. the AppJication - ~ -, ,-~ ~e or al some other location agreed upon for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Wor~, a sum sufficient to ncrease the total a m l~ep~rcent ( 95 %) of the Contract Sum rIess ~..~ ..... P y ants tO i ~,.,~,e~e work Bna unsett]ed claims as nr -~ ;- *~-'~- . *~,~.,.oun[s as the Architect shall de/ermin all . , Payments due and un '. ~ ' paid under the Contr.ct DOCu I ~ ments shall bear interest from the da e paym ue a fHe,e insert *nr ,ate of In(erest .~,eed uponJ g ate prevadmg at the place of the Pm;-~,. ,~~ e rateentered below or in the absence ther~f, at the le al r - Interest on delinquent payments shall be calc .... ~"~' ~ v u~a~e~ on the ~basis of the RNB ~rime r~te plus two percent provided the total interes ~,hall no% exceed the Cit o t ~-~n' ~.,,'~ ~d ,.~u,,eme~ u. Ue, ~ ~. .... ~ . .f the Colony stat ~. ..... ~ ..... rate ~'1977, THE AM[RICAN N57 TUTE OF ARCHITECTS, 1735 NEW YORK AVl., n.%%., ~'ASHINGTON, D. C. 20~ A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, tile Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement belween the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: Plans and Specifications, dated February 20, 1986 Addendum #1 dated March 31, 1986 Addendum #2 dated April 4, 1986 ATA General Conditions Supplementary Conditions as call for in Specifications Accepted Alternates 1, 3, 4, 5, 6, 7,8,9 as shown in Article 4. ,Sheets Date .! Ci-1 through C1-3 3-31-86 A2-1-2 2-20-86 Al-0-1 2-20-86 A2-2-1 Al-l-1 . A2-3-1 . Al-2-1 ,, thru A2-3-6 Al-3-1 through A1~3~8 . 'Al-4-1 and A1-4-2 ,, A2-4-1 ,, thru A2-6-1 Al-5-1 through A1-5-3 - Al-6-1 . Si-i-1, 2 " S2-2-1 . Si-i-1 and S1-1-2 - S2-2-2 4-3-86 S1-2-1 and S1-2-2 4-3-86 S2-3-1 2-20-86 S1-3-1 2-~0-86 S2-3-2 . Ui-1 and U1-2 3-31-86 M2-1.1 2-18-86 Mi-i.1 and M1-2.1 2-18-86 M2-2.1 2-20-86 PI-i.1 and P1-2.1 4-14-86 P2-1.1 4-14-86 Ei-i.1, 1.2, 2.1 2-20-86 P2-2.1 2-20-86 A2-0-1 2-20-86 E2-1.1 . A2-1-1 . Thi~A§¥eement entered into as of the da? and year first writ~ . " **Attachment #1 ~f~ CONTRA O~ ~ dated 4-23-86 T The Colony /MarJn Construction, Inc. --Leen Marshall, P_ E_, Presi~_ent_ AIA DOCUMENT ALII1 · OWNER-CONTRACTOR AGREFMENT · [EE'VENTH EDITION · JUNE 1977 · AiA~ ©1977 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D. C. 20006 A101-1977 4 ATTACHMENT #1 Continued from Article #7 S__hheets ~ate A3-1-1 3-31-86 A3-2-1 2-20-86 A3-3-1 through A3-4-1 2-20-86 A3-5-1 . A3-6-1 .. S3-1~1 ,, : S3-2-1 S3'2'2 ,, S3-3-1 , M3-.1.1 M3=2.1 2-18-86 P3'l, 1 2-20=86 P3~2,1 4-14-86 E3-1.1 2-20-86 E3-1.2 . E3-2 . 1 ,, Bridgefarmer Eng. Document City of Colony Standard Construct Details January 1986 Sheets M.1, M.2, P.1, P.2 OW~ / ~CONTRACTOR ATTACHMENT #2 UNIT PRICE SCHEDULE Drilled piers, per linear foot, l~,~Z~ia. EXTRA CREDIT 8.00 5,30 for depths greater or less than 24" dia. 15.00 10.00 those shown on drawings, including drilling, reinforcing, and concrete Casings for piers, per linear foot 18" dia. 7.00 24" dia. 8.00 ALLOWANCES Cast Plaque $1,000 Face Brick ' $220/thousand Carpet . Delivered $18/sy CONTRACTOR