HomeMy WebLinkAboutOrdinance No. 04-1542 CITY OF THE COLONY, TEXAS
ORDINANCE NO. O~'~ I ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH GARLAND HEATING AND AIR CONDITIONING COMPANY FOR
IMPROVEMENTS TO WELL SITE AERATION TOWERS IN THE
AMOUNT OF $79,395.00; 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 o£the City o£The Colony, Texas is hereby authorized
to execute on behal£ofthe City an agreement with Garland Heating and Air Conditioning Company
in the amount 0£$79,395.00 for improvements to well site aeration towers. The approved £orm o£
contract is attached hereto as Exhibit "A", and made a part hereof £or such purposes.
SECTION 2. This Ordinance shall take effect immediately kom 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 15th day o£ March, 2004.
APPROVED:
ATTEST: Jo?l~illard~-Mayor
Christie Wilson, City Secretary
APPROVED AS TO FORM:
City Attorney
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the /D---~ day of d~gq ,~/--~ in the
year 2004 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation
(hereinafter called OWNER) and 4#-R,h4~,~ ~tt~4q~7,6¢, ',4'0ff~.(hereinafter called) CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter 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:
Fm'nishing all labor, tools, materials, and equipment, and performing all work necessary for
the construction of Well Sites Aeration Tower Improvements shown on the drawings and
specified in the Contract Documents.
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
WELL SITES AERATION TOWER IMPROVEMENTS
City of The Colony
BID #69-04-02-AERATION
Article 2. ENGINEER.
The Project has been designed by Chiang, Patel & Yerby, Inc., who is to act as Owner's
Representative, assume all duties and responsibilities and have the rights and authority assigned to the
ENGNEER in the Contract Documents in connection with completion of the Work in accordance
with the Contract Documents. The Bidding and Contract Documents have been established by
Chiang, Patel & Yerby, Inc. Contract administration will be provided by the City of The Colony
Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's
representative, assume all duties.
Article 3. CONTRACT TIME.
3.1. The Work will be completed and ready for final payment in accordance with Item 1.51
of the General Provisions within 150 calendar days from the date when the Contract Time
commences to run as provided in Item 1.13 of the General Provisions.
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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 contact sum shall be the amount of $ 75,614.00 · The total
tangible personal property cost included in the contract sum is $ 48,350.00.
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
on the number of units completed) or, in the event them 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 rccommended 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.
Contract Documents
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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 fumishing 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.
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 2-1 through 2-6, inclusive).
8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive).
8.3. Certificate Of Insurance (page 2-7).
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works
Construction, NCTCOG, latest edition.
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8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-1
through 3-8).
8.7. Specifications bearing the title: "PROJECT MANUAL - Contract Documents,
and Specifications for:
WELL SITES AERATION TOWER IMPROVEMENTS
City of The Colony, BID #69-04-02-AERATION
8.8. Drawings bearing the title:
WELL SITES AERATION TOWER IMPROVEMENTS
8.9 The following listed and numbered addenda:
8.10. CONTRACTOR's Proposal, Bid Schedule, and Bid Summary - Bidding Documents
(page 1-14 through 1-22).
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).
8.14 Executed Perfm~nance, Payment and Maintenance Bond.
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.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
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 from any duty or responsibility under the Contract Documents.
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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.
IN 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 /~ ,Vmk-. { ~ ,20 cr)z~/.
OWNER: City of The Colony CONTRACTOR:4~ht~ ~>,O~f~9 ~,~-7'2,d~ .'/~i-t~,,'
6800 Main Street
The Colony, TX 75056
ATTEST~'/~C~,~ (/~-J~ ~'¥x ATTEST:
Address for giving notices: Address for giving notices:
City of the Colony
6800 Main Street .,)-t~ f' t~/}Z~e_~oz-~lD /./.4]'~_~~,
The Colony, Texas 75056
Attn: Gordon Scruggs, P.E. 4/~6/~/~1,j (-~.' ,,25-6~/ /
City Engineer
(ff OWNER is a public body, attach (If CONTRACTOR is a corporation, attach
evidence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
Contract Documents
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Certificate Of Insurance
After award of contract, Contractor will provide Owner With Certificate Of Insurance which will be
executed and bound here with final documents.
Contract Documents
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General Instructions For Bonds
A. The surety on each bond must be a responsible surety company which is qualified to do
business in Texas and satisfactory to the Owner.
B. The name, and residence of each individual party to the bond shall be inserted in the body
thereof, and each such party shall sign the bond with his usual signature on the line opposite
the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal
shall be affixed opposite the signature.
C. If the principals are partners, their individual names will appear in the body of the bond,
with the recital that they are partners composing a firm, naming it, and all the members of
the firm shall execute the bond as individuals.
D. The signature of a witness shall appear in the appropriate place, attesting the signature of
each individual party to the bond.
E. If the principal or surety is a corporation, the name of the State in which incorporated shall
be inserted in the appropriate place in the body of the bond, and said instrument shall be
executed and attested under the corporate seal, the fact shall be stated, in which case a scroll
or adhesive seal shall appear following the corporate name.
F. The official character and authority of the person or persons executing the bond for the
principal, if a corporation, shall be certified by the secretary or assistant secretary according
to the form attached hereto. In lieu of such certificate, records of the corporation as will
show the official character and authority of the officer signing, duly certified by the
secretary or assistant secretary, under the corporate seal, to be tree copies.
G. The date of this bond must not be prior to the date of the contract in connection with which
it is given.
Contract Documents
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