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HomeMy WebLinkAboutOrdinance No. 04-1527 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~ L~ ~o9.'-/ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CANARY CONSTRUCTION FOR RELOCATION OF THE UTILITY LINES FOR THE WIDENING OF SH 121; ATTACHING 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 Canary Construction for relocation of utility lines for the widening of SH 121. The approved form of 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 APPROVED by the City Council of the City of The Colony, Texas this 19th day of January, 2004. APPROVED: Joia Di-llard, Mayor-' ATTEST: Patti A. Hicks, City Secretary APPR~ City Attorney' ~ STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the Jf~ day of ,,O-d,~/?~LrTx2[, in the year 2004 by and between the C1TY OF THE COLONY, TEXAS, a muhicipa~ corpomt~n (hereinafter called OWNER) and CANARY CONSTRUCTION, 1NC. (hereinatter called CO~CTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinatter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of S.H. 121 Utility Relocations at Paige Road. Work shall include all components necessary for the construction of S.H. 121 Utility Relocations at Paige Road as shown in the details for Bid #69-03-18-SH121 including, but not limited to: mobilization, removal/disposal of existing structures, furnish/install 12-inch, 14-inch, 16-inch, and 20-inch water lines, furnish/install 18-inch sanitary sewer, furnish/install 20-inch steel casing pipe, furnish/install 24-inch steel casing pipe, furnish/install 30-inch steel casing pipe, removal/disposal of existing concrete sidewalk, furnish/install reinforced concrete sidewalk, furnish/install block sodding, furnish/install/remove traffic control signage and barricades, and repair/maintain irrigation sprinkler heads and supply lines damaged during constmction as shown in the details. All of the above shall be done in accordance with TxDOT and NCTCOG specifications with the City of The Colony's Addenda and as per instructions of the City of The Colony City Engineer. All of the construction sequencing and barricading will also be done according to the City of The Colony Standards. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: S.It. 121 UTILITY RELOCATIONS AT PAIGE ROAD City of The Colony BID #69-03-18-SH121 Contmct Documents Article 2. ENGINEER. The Project has been designed by the City of The Colony Engineering Department. The Bidding and Contract Documents have been established by the City of The Colony Engineering Departrnent. Contract administration will be provided by the City of The Colony Engineering Deparlment who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within 135 calendar days, weather permitting, fi.om the date when the Contract Time commences to mn as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of $ 498,739.00. The total tangible personal property cost included in the contract sum is $ Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based Comract Documents 1-32 ! on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions of the NCTCOG Specifications. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. Contract Documents 1-33 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement {pages 1-3! through 1-36, inclusive). 8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive). 8.3. Certificate Of Insurance {page 1-37). 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, third edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions {pages 145 through 1-58). Contract Documents 1-34 8.7. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond Forms, and Specifications for: S.H. 121 UTILITY RELOCATIONS AT PAIGE ROAD City of The Colony BID #69-03-18-SH121 8.8. Construction plans, consisting of fifteen (15) consecutively nmnbered sheets. 8.9 The following listed and numbered addenda: 8.10. CONTRACTOR's Proposal, Bid Schedule, and Summary of Section 1 - Bidding and Contract Documents (page 1-13 through 1-26). 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. by a party of any rights under or interests in the Contract 9.2. No assignment hereto Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor fi.om any duty or responsibility under the Contract Documents. Contract Documents 1-35 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. 1N WITNESS WHEREOF, OWNER .and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on .t~tJw.,~/s~, I! ,2004. OWNER: City of The Colony CONTRACTOR: Canary Construction, Inc. 6800 Main Street 971 Redcedar Way The Colony, TX 75056 /1 ~.~/~pell, TX 75019 , · Address for givin~ ..c~..:. ~ .?~: Address for giving notices: City of the Colon~~ Canary Constmetion, Inc. 6800 Main Street 971 Redcedar Way The Colony, Texas 75056 Coppell, TX 75019 Attn: Gordon Scruggs, P.E. Attn: Wayne Borstad City Engineer President (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of anthority to sign.) resolution or other documents authorizing execution of Agreement.) Contract Documents 1