HomeMy WebLinkAboutOrdinance No. 02-1361 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~}~- ?~ ~ )
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH D'AMICO FOR THE RENOVATION OF FIRE STATION NO. 2;
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 D'Amico for the renovation of Fire Station No. 2.
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 bythe
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 1st day of April 2002.
APPROVED:
ATTEST:
Patti A. Hicks, Deputy City Secretary
APPROVED AS TO FORM:
Gor.~m~el, City.~X-tBCrn~y /
CITY OF THE COLONY
RENOVATION OF FIRE STATION #2
BID NO. 70-02-05-FIRESTATION
CONTRACT AGREEMENT
State of Texas §
County of Denton §
THIS AGREEMENT, made and entered into this 2md day of April, 2002 and
between the City of The Colony, a municipal corporation, located in the County of
Denton and State of Texas, acting through Dale A. Cheatham, its City Manager,
thereunto authorized so to do, Party of the fist part, hereby termed OWNER, and
D'Amico Construction, Inc., County of Collin and State of Texas,
Acting through Don D'Amico, President, Party of the Second Part, hereinafter termed
VENDOR.
WITNESSETH, That for and in consideration of the paYments and agreements
hereinafter mentioned, to be made and performed by the OWNER, and under the
conditions expressed in the bond bearing even date herewith, the said VENDOR,
HEREBY AGREES WITH THE owner to enter into a contract and provide at the
OWNER'S request the equipment, services and/or materials described as follows:
RENOVATION OF FIRE STATION #2 AS PER SPECIFICATIONS FROM
BID NUMBER 70-02-05-FIRESTATION, ALONG WITH ADDENDUM
as described in the Bid Documents from Bid #70-02-05-FIRESTATION
dated March 12, 2002. Unit prices are as shown in said Proposal, attached hereto, and in
accordance with the Invitation to Bid Instructions, Instructions to Bidders, General and
Specific Conditions of Agreement, and printed or written explanatory matter thereof, and
the Specifications and addenda thereof, as prepared by the OWNER, together with the
CONTRACTOR'S written Proposal, the General Conditions of the Agreement and the
Performance and PaYment Bonds hereto attached: all of which are made a part hereof and
collectively evidence and constitute the entire CONTRACT.
CITY OF THE COLONY, TEXAS
Renovation of Fire Station #2
BID NO.
contract
CITY OF THE COLONY
RENOVATION OF FIRE STATION #2
BID NO. 70-02-05-FIRESTATION
The OWNER agrees to pay the VENDOR in current funds the price or prices shown in
the proposal, which forms a part of this contract, such payments to be subject to the
general and specific conditions of the contract.
IN WITNESS WHEREOF, the parties to these present have executed this
Agreement in the year and day first above written.
CITY OF THE COLONY, TEXAS
Party of the first Part (OWNER) Party of the Second Part (VENDOR)
Dale A. Cheatham
(Print)
(Title)
ATT~:.~~ '~ ~~.)~ , . ATTEST:
Patti A. Hicks (Print)
(Title)
By Authority of the City Council
Action date April 1, 2002
contract
S~ECTION 00400 _ BID FOR~ !
DATE: March 12, 2002
TO: City of The Colony
~: The Colony Fire Station No. 2 Renovation
Gentlemen:
Pursuant to the foregoing "Bidding Information", the undersigned has thorou ·
Plans, Specifications and the Buildin an '
proposes to do all h ...... ,- g.. d S~te, understand th ...... ,.. . g~. Y examined the
· . t,,,. ~or~ as provided in th,~ pi ..... t_,s ~,,. ~,..ur~ to oe clone, and hereby
mspecuon and approval of The City of The Colony and binds themselves on acceptance of this bid
...... ,., ,mt~ ~pecmcations and subject tg th~
by The City of The Colony for pertbrming and completing said work within the time stated and to
thrnish all required guarantees for the following prices to wit:
FOR THE CONSTRUCTION OF~ 2
and__~
CE TS
LABOR AND MATEI~AL BREAKDOWN: )
a. Total cost ofrnateria~ incorporated into the work.~
b. Total cost ofmateria~ purchased or leased for
use, but not incorporated into the work
(including sales or use tax).
c. Total cost of labor, overhead, profit and other
reaso~n,~ hie, incidental costs of the work.
-ALTER~ATES
Alternate No. 1:
Work associated in Apparatus Bay
as specified on drawing $
Alternate No. 2:
EXTRA WORK FEEK
Undersigned agrees that for additional
fi-.o.~ .changes in the work th~ o"~ w?rk added to the Contras,
w~tn the followino ~,~g~..L ~' ,~"~,~cance rot overhead ~,~ ~_~, ~ .,~!u tot extra costs resulting
~, ~,~-~ume, as provided in th~ e .... ~_ ~--~. ~,~u~t comt~med shall be in accordance
-~ °~'P~ementarY Conditions:
1. For the Contractor, for any work provided by his own forces:
%--L~ _of the cost.
2. For each subcontractor involved, work Performed by his own forces:
00400. I
SECTION 00400 - BID FORM
mutually acceptable fixed fee or percentage of the cost.
3. For the Contractor, for work produced by his subcontractor:
10 % of the amount due the subcontractor.
ADDENDA
This will acknowledge receipt of the following addenda which are part of the Bid Documents:
Addendum No. 1
Addendum No.
Addendum No. 2
Addendum No.
CONTRACT TIME
The undersigned agrees to commence work within ten (10) days after date of written notice to
proceed and to substantially complete the work on which he has bid by (date)
120 days ,2002 subject to such extensions of time allowed by specifications.
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period
of 30 calendar days after the scheduled closing time for receiving bids.
The undersigned agrees that he be notified of the acceptance of this proposal within thirty (30)
days of the time set for opening of bids, he will execute a contract for the Work for the stated
price, and will execute and deliver to the Owner within ten (10) days after signing of the contract,
the required bonds as stipulated in the Specifications.
The undersigned agrees that the enclosed Bid Security in the amount of five percent (5%) of the
greatest amount of the Bid including Alternates, is the agreed amount of damages to be given to
The City of The Colony, Texas in the event that he fails to execute the contract for any reason
including his own mistakes or his subcontractors' mistakes, or for his failure to furnish the
required Performance and Payment Bonds.
The undegsigned also agrees that the City of The Colony, Texas reserves ' .'
and Y , to award the contract to the bidder who, in the opinion of th~ City ~¥
all bids~ for an reason. . the right to re ect an
The Colony, Texas offers the proposal in the best interest of the City of The Colony, Texas and to
waive formalities.
Respectfully submitted,
D' '
Amxco Construction
C-6'mpan---~' Nam'~-~-~
Authorized Name Typed
pres.
Position i-~--~ompany
END OF SECTION Seal (If Corporation)
00400 - 2
NON-COLLUSION STA'IT, blENT
The undersigned affi.,-ms that they are duly authorized to execute this contract, that this
company, corporation, firm, partnership or individual has not prepared t~ais bid in
collusion with any other Bidder, and that the coutents of this bid as to prices, ten'ns or
cond.:tions of said bid have not been communicated by the undersigned nor by an>'
employee or agent to ar,)' other person engaged in this type of bus!ness prior tv the
official opening of tkis b[d.
Vendor: D'Amico Construction Inc.
Address: 309 E. Pecan St.
City, State, Zip: Celina, TX 75009
Phone: 972-382-4388
Fax: 972-382-4390
Bidder Signature:
Bidder (Print Name): Don D' Amico
Position W'i~ Co. Presij~nt ..
Official Authorizing
This Bid:
Co. Official (]:'rin~.
Name Don D' Amico
Official Position: President
B id Number: 70-02-05-FIRESTATION
OpetfingDate/Time: March 12, 2002 3:00 p.m.
EXCEPTIONS (IF Aa.NY) FROM BID SPECIFICATIONS
s/.~--,f, orm
INDEMNITY CORPORATION
46 I0 U.i~'er,~'i~v A~'e.. P.O. Box 5900 Mtuli.~'m~. WI .~370.~-0~)00
Plume: (60,~q) 2.71-4450
(a Stock Company, organized under the laws of Wisconsin)
Bond No. 594449
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, D'Amico Construction, Inc. (hereinafter called the "Principal"), as Principal, and the
Capitol-Indemnity Corporation of Madison, Wisconsin a corporation duly organized under the laws
of the State of Wisconsin (hereinafter called the "Surety"), as Surety,
are held and firmly bound unto City of The Colony (hereinafter called the "Obligee"), in the sum of
5% of the Greatest Amount Bid Dollars ($5% G.A.B.), for the payment of which sum well and truly
to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Colony Fire Station #2 - Bid No. 70-02-05 FIRESTATION
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or contract documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material furnished
in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and
give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid, then
this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 27th day of February AD 2002
Witnes . _ . By:
CAPITOL INDEMNITY CORPORATION
~ ~ WiscFCr~in Corporation
Witnessr ~' ~ '?,¢ .,:~":" ,~' By:
_ / .' shane ,~. Humphrey, ,~amey-ln-Fact
" INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900
PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900
PHONE (608) 231-4450 · FAX (608) 231~2029
POWER OF ATTORNEY No: ,~ ,.~ -r-, "4-.',~
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a
corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute
and appoint
........... SHANE A. HUMPHREY, CHERYL L. HUMPHREY OR KATHY R. ZACHAREK ...........
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and
deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of '
-NOT TO EXCEED $4,000,000.00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of tl~e following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held
on the 5th day of May 1960:
"RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power
and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the
nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)- n-fact, each appointee to have the powers and duties usual to such
offices to the business of this company the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate
relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsi~nile seal shall be valid and binding upon the
Cpmpany, and any such power so executed and certified by facsimile signatures and facsimile seal sha be valid and binding UPOn the Company in the future with
r~espect to any bond or undertaking or other Writing obligate)fy in the nature thereof to which it is attached. Any such appointment may be ~'evoked, 'for cause,
Without cause, by any of said officers, at anytime."
IN WITNESS WHEREOF, .the CAPITOL INDEMNITY CORPORATION has caused theSe
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secret~
CAPITOL INDE N
Attest:
,STATE OF WISCONSIN ~ '~' "~
On.the 1st day'of'LJune, A.D., lggg, before me personall
sworn, cltd dep~e', and .'say: that he resides in the County of
~ApITOL INDE~!T)fl. C0RPORATION, the corPoration deScribed in and which
~nows the seal, hr tile SaidCo~0ration; that the seal affixed ~o Said' ir Strument'is s
by order of thelB~r~i;,~iiDiteotsrs of.said corporation and that he signed his' name
CERTIFICATE
I, the undersigned, duly elected to the offiCe stated below, now the incumbent in CAPITOL INDEMNITY.
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the.. foregoing
attached Power of'Attorney remaihs in full force and has not 'been revoked; and ¢di~he?m0re that?:(he ReSolUtiOn' of' th~
Board of Directors, set forth in the PoWer of Attorney is now in force.
Signed and sealed at the City of Madison. Dated the 27~-h
,~¢u?/?/~,. day of ]~h~]~r-v , 2,002
=- c~ Paul J, Brei~r,'Tre~sarer
-'%,;
This power is valid only if the power of attorney number printed in the upper right hand corner apears'in red. Photoc_Opies~ carbon cooies