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HomeMy WebLinkAboutOrdinance No. 734 CITY OF THE COLONY, TEXAS ORDINANCE NO. 73't AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE/~CITY~ MANAGER TO ENTER INTO A CONTRACT WITH (~l'~l~ :7,:o~- ~P~/,,~d/~ST FOR THE CONSTRUCTION OF A DECHLORINATION FACILITY IN THE AMOUNT OF $'7 ~dq,'.~.c~3 ATFACHING 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 behalf of the City a contract with ( ~., .. Z'~ ~P for the construction of a dechlorination facility in the amount of $/,~, d~;.5'. 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 AND ~4'PROVED by the City Council of the City of The Colony, Texas, on this the ~0 day of ~fc~.~ . , 1992. APPROVED: William W. Manning, Mayor ATFEST: Patti A. Hicks, City Secretary [SEmi APPROVED AS TO FORM: John Boyle, City Attorney STANDARD FORM OF AGREEMENT As Adopted By THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS October 7, 1971 Revised November 17, 1928 Revised April 15, 1932 Revised October 27, 1934 Revised October 19, 1945 Revised April 8, 1954 Revised April 21, 1960 Revised October 7, 1971 Approved as to Legal Form by Legal Counsel THIS AGREEMENT, made and entered into this.. --day of A. D. 19_.~, by and betwee~ THE COLONY, A MUNICIPAL CORPORATION of the County of_. DENTON ITS CITY MANAGER and State of Texas, acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and CONTROL SPECIALIST, INC. ~ A TEXAS CORPORATION of the City of ROANOKE , County of TARRANT and State of.. TEXAS CONTRACTOR. , Party of the Second Part, hereinafter termed WITNESSETH: That for and in consideration of the payments and agreements herein- after mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: DECHLORINATION FACILITY and ~11 extra work in connection therewith, under the terms as stated in the General Conditions the Agreement and at his (or their) own proper cost and expense to furnish ali the materials, !'aupplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and stated in the Proposal attached hereto, and in accordance with the -Notice to Contractors, and Special Conditions of Agreement, Plans and other drawings and printed or written ~.xpl~.natory matter thereof, and the Specifications and addenda therefor, as prepared by FREEMAN-MILLICAN, INC., CONSULTING ENGINEERS DALLAg, TEXAS entitled the ENGINEER, eal'h ,,t' which ha.~ been identified by lhe CONTRACTOR and [NEER, together with the CONTRACTOR'S written Proposal, the General Conditions Agreement, and the Performance and l'ayment Bonds hereto attached: all of which are made f ami collectively evidence ami constitute the entire contract. The CONTRACTOR hereby a~rees to commence work within ten (10) da)-s after the date written notice to do so sh~il h,~ve been ~'iven to him, and to substantially complete the s&me c~lend~r w/thin 7~ ~k~ afar the da~ of the written notice to commence work, subj.t to such extension~ of time ~ ~ provid~ by the ~ner~l ~nd S~cial Conditions. THE OWNER ~s to ~y the CONTRA~ in eu~nt funds the p~ce or prices shown in the p~], which fo~s ~ ~ of thh ~n~t, such ~ymen~ to ~ subj~t to the General · nd S~i~l Conditio~ of the contr~. ~ ~E~ ~EREOF, ~e ~es ~ the~ p~sen~ h~ve ex~uted this A~reement in the ye~ ~d ~y f~t ~ve ~t~n. T~5 ~0~0~? A~: ~]LLIA~H~/ Ps~y of th~ Second Pail (~RA~R) PERFORMANCE BOND STATE OF TEXAS COUNTy OF Dallas KNOW ALL MEN BY THESE PRESENTs: That__ £qntrol Specialist, Inc. _of the City of Rna nnk~ County of Den~,on , and State of Texas -- principal, and Universal Surer of America , as authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto~.~y_~l~,z~ in the penal sum of I~ 1411Nnorn uTur"r,,~ ,. ~?~rS ($ 73 --(Owner), for .t.he payment ~~t; adm~mstrators, executors, successors ~.,,~ ---.' .... · es, and their heirs, ..-,~ ~,~gns, jo,ntiy and severall)f,lby I:/a~ p~esents: WHEREAS,~'~ Principal has entered into a certain written contract with the Owner, dated the ~ ~ ~ _day of Jan,,~ry .19~ , to Dechl cfi nati on Fac'i 1 i ty which contract i~ hereby referred to and made a part hereof as fully and to the same extent as if copied at Ieng~h herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the ~aid Principal shall faithfully perform ~aid Contract and shall in all respect~ duly and faithfully observe and perform ~ll and singular the covenants, conditions and agreements in and 6y said contract agreed and covermnted by the Principal to be observed and performed, and according to the tr~e intent and meaning of ~aid Contract and the PIans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in ~ull ~orce and effect; "PROVIDED, HOWEVER, that this bond is exe.cuted pursuant to the provisions of (Article 5160 for Public Work) (Article 5472d for Private Work)* amended and all liabilitie~ on this bond shall be determined in accordance with the provisions of ~aid Article to the ~lme extent as if it were copied at length herein." Surety, for ~lue recalved, ~tipuIate~ and agree~ that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci. ficatiol~, or drawings accompanying the same, ~hall in anyway affect its obligation on thL~ *Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. bond, and it doe~ hereb~ waive notice of any such change~ extension of time, alteration or addition to the terms of the contr~t, or to the work to be performed thereunder. IN .WITNE~S~WHEREOF, the said Principal and Surety have sic'ned and nea~ed th/s instru- ment thl-,~ ~ ~' clay of January , 19 92 Control Specialist, Inc. Universal Surety of America Add~,~ _~O_~ifO! ~peC~8~|$~, ~n¢. .Add~-~" 701 Lamar '~'0~0~ ,6262 Wichita Falls, Tx. 76301 The narme anc~ address of the ]~esident ~ent of Surety ~: Boley-Featherston Insurance Company "; ~ 701Lamar Wichita Falls, Tx. 76301 bond, ~nd it doe~ hereby waive notice of any such change, extension of time, alteration or addition to the tern~ of the contract, or to the work to be performed thereur~er. WITNE~kI~REOF, the said Principal and Surety have s~gned and sealed thi, instru- ment this ~-~0 -5day of January , 19 92 . Control Specialist, Inc. Universal Surety of America I t ' ,i,itl~.~ura [spinoza Attorney-in-Fact 701 Lamar Address _Co~-~[,u; Specialist, Inc. Address· ~ O. Box 141 Wichita Fails, Tx. 7630] Roanoke, IX 76262 The name and address of the Resident Agent of Surety :Boley-Featherston Insurance Company 701 Lamar Wichita Falls~ Tx. 76301 UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 GPA 117 11~8 For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If Last Four Digits Appear In Red GENERAL POWER OF ATrORNEY -- CERTIFIED COPY Know All Men by These Presents. That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas. and having ils principal office in Houston, Texas. does by these presents make, constitute and appoint D~y Steve De~ ~erson aura spxnoza of W~s Texas and State of its true and lawful Anorney(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Bends not to exceed $250,000~ unless such is accompanied b_y_ a letter of authorit si ned b the President Secretar_fL or Executive Vice President of Universal Suret of America. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorncy{s)-in-Fact may do within the above stated limitationg,'and such authority is to continue in Iorce until July 1, 1993 Said appointment is made under and by authority o7 thc following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the l l th day of July, 1984. "Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation.'* In Witness Whereof, Univeesal Surety of America has caused these presents to be signed by its _ President~ John Knox, Jr. to be hereto affixed this 1 St day of March , A.D., 19 90 and its corporate s~41 ..,,' *~ ~ o '.,,. UN/VERSA StateofTexas ~ .... ?fi ~ Johlenox, Jr. Pre,idem Counly of Harris On this 1 st day of March . in the year . before me end¥ W, Stuckey a notary public, personally appeared . John Knox, Jr, 90 -- W . on behalf of the corporation therein k '.....%offi..... ff . ................ ota~ Public 1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect, GIVEN under my hand and the seal of said Company, at Houston, Texas, this _ day of , 19 . Secretary COM PLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not resolved you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512) 475-1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond. CEHI iFICAi t= OF INSURANCE 'SSUEDATE,MM,DD/Yy, PRODUCER 01/06/92 THIS C~H]IFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA] J DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Roi ey Featherston Insurance L POE C ES BELOW. P. O. Drawer 10 COMPANIES AFFORDINGCOVERAGE Wichita Falls, TX 76307 COMPANy LETTER A TRINITY UNIVERSAL INSURANCE CO INSURED COMPANY NORTHBROOK PROPERTY & CASUALTY LETTER B COMPANY AMERICAN NATIONAL FIRE CONTROL SPECIALIST INC LETTER C P 0 BOX 141 COMPANy ROANOKE TX LETTER D 76262 COMPANy ~0VERAGES LETTER E THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CO EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/GD/Yy) DATE (MM/OD/yy) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2F 000. 000 A X COMMERClALGENERALUABILITY TXP 9412539 04/10/91 04/IO/92PRODUCTS-COMP/OPAGG. $1,000v000 CLAIMS MADE X OccuR. OWNER'S & CONTRACTOR'S PROT. PERSONAL & ADV, INJURY $ I · OOO t~ OOO EACH OCCURRENCE $ I , 000 ! 000 FIRE OAMAGE (Any one fire) $50 ~ 000 AUTOMOBILE LIABILITY MED. EXPENSE [Any one person) B ANY AUTO COMBINED SINGLE X ALL OWNED AUTOS CA0879676 04/10/91 04/10/92 LIMIT si ~ 000,000 SCHEDULED AUTOS BODILY iNJURY X HIRED AUTOS (Per person) $ X NON-OWNED AUTOS BODILY INJURy GARAGE LIABILITY (Per accidenl) PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE C X UMSRELLA FORM BINDER 12/20/91 12/20/92 AGGREGATE $ 1,000, O..~..~THER THAN UMBRELLA FORM $ ~. , 000, 000 WORKER'S COMPENSATION STATUTORY LIMITS X AND ISSUED THROUGH EACH ACCIDENT $ EMPLOYERS' LIABILITY THE TWC I F DiSEASE--POLICY LIMIT $ OTHER D~SEASE--EACH EMPLOYEE $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECiAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AND A WAIVER OF CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ..~'."."."."."~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF THE COLONY LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 5151 NORTH COLONY BLVD L~ABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. THE COLONY TX AUTHORJZEDREPRESENTATIV~v~/~~// ~,CORD 2S-S (7/9OI BOLEY FEATHER-STON II~ISURANCE // ©ACORD CORPORATION I