HomeMy WebLinkAboutOrdinance No. 02-1364 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 02- / ~ ~o ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH SENECA CONTRACTING CORPORATION FOR BARRIER FREE
RAMP RECONSTRUCTION; 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 Seneca Contracting Corporation for Barrier Free
Ramp Reconstruction. 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 15TM day of April 2002.
Bemetta Henville-Shannon, Mayor
Patti A. Hicks, Deputy City Secretary
APPROVED AS TO FORM:
~~n I-I~k~ty~tt~mey
STANDARD FORS! OF AGREEMENT
BETXYEEN OXVNER AND CONTRACTOR
ON TIlE BASIS OF .\ STIP[I~ATED PRICE
"'7~'~: /:~ in thc
THIS AGREEMENT is dated as of thc .... /_~<4 ~ __day of_ .....................
year _00_ by and betx~ccn thc CITY OF 'FILE ('OLONY. TEXAS. a municipal coq~oration
(hcrcinalicr called OWNER) and -~b4-A~5 .~/~ '=~:.,/.,' ~(~,'C-- (hereinalicr callcdt
CONTRACTOR).
O\VNER and CONTRACTOR, in consideration el'thc mutual covenants hereinafter set Ionia, agree
as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as spccitied or indicated in the Contract Documents. Thc
Work is generally described as lblloxvs:
~'l'his work shall consist of thc reconstruction of ban-itt ramps at various locations. Work shall
include all components necessary lbr thc "turn kev" construction of tile barrier flee ramps as
shown in thc details lbr BID ag0-02-0g-BARP, II'~R including but not limited to: mobilization,
removal disposal of existing concrete sidcxvalk and paving, removal/disposal of excavation.
furnish,'install mechanicallx' compacted cushion sand, furnish install rein/breed concrete barrier
Ii'ce ramp. lhrnish install rcinlbrccd concrete sidewalk, l'umish/install reintbrced concrete alley
pax ing, ftm~ishinstall block sodding, furnish, installremove traffic control sigmage and
barricades, and repair'maintain irrigation sprinkler heads and supply lines damaged dunng
construction as shown in thc details. All of thc above shall be done in accordance with TxDOT
and N("I'C()(i spccilications xxith thc ('ltv orThe Colonv's Addenda and as per instructions of
the City of l-he ('olonv City l!ngincer. All of thc construction sequencing and bamcading will
also be done according to the City el'Thc Colony Standards.
The ProJect for whicl'~ the Work under tile Contract Documents may be the ,,','hole or only a part is
generally described as folloxvs:
BARRIER FREE RAMP RECONSTRUCTION
City of The Colony
BID #90-02-09-BARRIER
COIltrac[ Doc tllllelltS
1-1
Article 2. ENGINEER.
The Prqjcct has been designed bv tho City of The Colony Engineering Department. Tine Bidding
and Contract Documents have been established by the City of Thc Colony Engineering Department.
Contract administration will be provided by the City o/'The Colony Engineering Department who is
hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities and tnave the rights and authority assigned to tine ENGINEER in the Contract
Documents in connection witln completion of tile Work in accordance with tine Contract
Doc uments.
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 60 calendar days, weather permitting, From tine date
xvlnen the Contract Time commences to run as provided in Item 1.13 of tine General
Provisions, and completed and ready for final pasqnent in accordance with Item 1.51 of the
General Provisions.
Article 4. CONTR.~CT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion oftlne 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 witln tine unit prices listed in Section I -
Proposal and Bid Schedule. Tine contact sum shall be tlne amount of $..?..3.,:.~.?.~?.~:)The total
tangible personal property cost included itl the contract Sl. llnl is $ °'~t' d"~ {,.?C ~
ArticleS. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications lbr Payment in accordance witln Item 1.51 o£ tine
General Provisions. Applications lbr Payment will be processed by ENGINEER as provided in the
General Provisions.
5.1. Progress Payments. OWNER slnall make progress payments on account of the Contract
Price on tine basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, eactn montln during construction as provided below. All progress payments
will be on tlne basis of the pro~ess of tile Work measured by tlne 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 there is no schedule of values, as
provided in tile General Provisions.
Contract Docunlents
1-2
5.1.1. Prior to Completion. Progress P%Tnents will be made in an amount equal to the
percentage indicated in Item 1.51.2 of tiao General Provisions, but, in each case, less tho
aggregate o1' pa?Tnents previously made and less such anoints as ENGINEER shall
dctern~inc, or OWNER may withhold, in accordalqcc with Item 1.52 of the General
Provisions of the NCTCOG Specifications.
5.2. Final Pa,,,qnent. Upon final completion and acceptance of tile Work itl accordance with
Item 1.51.4 of tile General Provisions, OWNER shall pa.,,' tile remainder of the Contract
Price as recommended bv ENGINEER.
Article 6. INTEREST.
No interest shall ever be due on late pa~nents.
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 tile Supplementary Conditions of the extent of' the technical
data contained in such repons and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility /hr
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 tile 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 tbr the perfomlance or fun-fishing 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
tile 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.
Collti'act DoctllllelltS
1-3
7.3. CONTRACTOR has reviewed and checked all intbrmation and data shown or
indicated on tile Comract Documents with respect to existing Underground Facilities at or
contiguous to tile site and assumes responsibility for ~he accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
reports~ studies, or similar inlbrmation or data in respect of said Underground Facilities are
or will be required by CONTRACTOR ill order to pertbn~ and l~unlish the Work at the
Contract Price, within tile Contract time and in accordance with the other terms and
conditions of tile Contract Documents, including specifically tile provisions oF Items 1.3,
1.20 and 1.21 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such obsc~'ations, 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 be has discovered in tile Contract Documents and the written resolution
thereol'by ENGINEER is acceptable to CONTRACTOR.
.Article 8. CONTR.&CT DOCUMENTS.
Tile Contract Documents which comprise tile entire agreement between OWNER and
CONTRACTOR concerning the Work consist of tile lbllowing:
8.1. This Agreement (pages 1-24 through 1-29, inclusive).
8.2. Exhibits to this Agreement (immediately Following this Agreement, inclusive).
8.3. Certificate Of Insurance (page 1-30).
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works
Construction, NCTCOG, latest edition.
8.6. Sttpplementary Conditions to tile NCTCOG, Part 1: General Provisions (pages 1-39
through 1-47).
Colltract Docull-lelltS
l-4
8.7. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond
Forms, and Specifications tbr:
BARRIER FREE RAMP RECONSTRUCTION
City of The Colo,Lv, BID #90-02-09-BARRIER
S.S. Details
8.9 Tile following listed and numbered addenda:
8.10. CONTRACTOR's Proposal, Bid Schedule, and Sumrnary of Section 1 - Bidding and
Contract Documents (page 1-13 through 1-18).
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 m paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted othe~vise 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 Agrecment which are defined in Item 1.0 of the General Provisions
will have the meanings indicated in tile General Provisions.
9.2. No assignment bv at 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 tile Contract Documents.
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
Contract Documents
1-5
representatives in respect of all covenants, agreements and obligations contained in the
Contract Doculnents.
Article 10. OTHER PROVISIONS.
iN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this A~n'eement in
triplicate. One countepan each has been delivered to OWNER, CONT~CTOR and
ENGINEER. All portions of the Contract Documents have been signed or identified bv OWNER
and CONTRACTOR or bv ENGINEER on their behalf.
This Agreement will be effective on ..... /:')Z'/Z /~ ,20 8 ~
OWNER: City of The Colony CONTRACTOR:
6800 Main Street
The Colony, TX 75056
Address lbr giving notices: Address tbr giving notices:
City oFthe Colony
6800 Main Street
The Colony, Texas 75056
Attn: Abel V. Saldafla, P.E.
City Engineer
(If OWNER is a public body, attach (If CONTRACTOR is a co~oration, attach
evidence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
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