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Home My WebLink AboutOrdinance No. 01-1275 · ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. () / -/Z AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ENVIRONMENTAL ROOFING SYSTEMS, INC. FOR DEVELOPMENT OF BID SPECIFICATIONS FOR ROOF REPAIR PROJECTS; 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 Environmental Roofing Systems, Inc. for the development of bid specifications for roof repair projects. 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 5~h day of February, 2001. William W. Manning, Mayor '~ /Rhthann Devlin, ~fipu~y City Secretary APPROVED AS TO FORM: n I}ike~, C~Attorn~y Fnwronmen al P-.oohnej Inc. A Moof Consult;~n~, Des~,EIn, Manufact:unno Aha Cons~;r'uct;~on Management; Company CONSULTING SERVICE..5 AGREEMENT Date: January 27, 2001 FOP-.: Ch~nI: Name: C~b/of The Cotony Addr~5: 5 I 5 1 North Colony Blvd. C~by: The Colony 5ta~: Texas zip Co~e: 7505G Enwronmental Roofing 5yPtems, Inc. (EIRSI), propose5 to perform the followmg work: TYPE B SERVICES I. Prepare wmtten 5pec~ficabon5 for replacement and/or repar5 to roof5 on 5even d~fferent facilities (Pohce Dept., Park ¢ Recreabon5 Dept., Old Dbrary, P~re 5tabon #2, Pubhc Worl~ Dept., I=me 5tat~on #1 and 5eh,or Center). 2. Prepare detad drawmg~ to be used m conjunction w~th re-roofing specifications. 3. A55,st in 5elecbon of quahf,ed contractor~ for ~peClhed work. 4. A~5~at w~th Pre-D,d Meet,ng w~th bdder~, on 5,re. 5. Rewew of bd5 and submittals. TYPE C SERVICES I. Mon,tor contractor work begmnmg w~th the first day of re-roofing. 2. Inspect completed work. 3. Pro~jres~ photo5 of work-moprogres~ and completed work. 4. Peal Inspecbon a~ required for tDDuanc8 of warranb~5. All of which shall be performed for the following fees: ~E C 5~VlC~ = ~700.O0/day for Pull-~me Mom~orm9 and In~Fecbon, or... ~375.~/day for Pa~-~me Mon¢orm9 and InPFecbon (two v~5~t5 per day, mm.) Th~a Propomai and Contract only cover5 such work a~ ~ dgnt~hed above. Term5 arc N~t 30 Day5 uMon rgcc~Ft of bdhnq for 5erwc~a rendered. A late char9~ of I-V2% per month will accrue for any outmtandmq Fast due mvo~c85. 5ervtce5 Agreement: -- Page I CONSULTING 5ER. VICE,5 AGI~EMENT 1~200 General Condd;~ons: W~th respect to the 5erwce5 to be performed by ERSl, pursuant to the terms of th~s Agreement, EP-~I shall not be hable or responsible for, and ~t shall be saved and held harmless by Chent from any and all claims and damages of every kind, for m jury to or death of any person or persons and for any damage or loss of property, arising out of or attributed dmectly or indirectly to the performance of th~s contract. Chent agrees that ERSl shall prowde only the serwces set out hereto and that makes no warranbes, e~press or ~mphed, w~th respect to the recommendabons, reports and ,nformabon provided under th~s scope of work or to their htness for a particular purpose. Th~s Agreement ~upe~eda~ any and all other agreement~, e~thar oral or m between the pa~ hereto w~th r~p~ct ~o the 5erwce~ to be rendered to the Chent by E~I and contains all of th~ convanants and a~reements between the part~s w~th respect to such transact,on m any matter whatsoever. All claims, d~sputes and other matters ~n qu~bon between the pa~es to th~ Contract arising out of or relating to th~s Contract or the breach thereof, shall be dec~ded by arb,trabon ,n accordance w~th the Con~trucbon Indu~t~ Arb~trabon Rule~ of the American Arb~trabon E~I does not Freer,ce architecture or ~ngmeenn~ and o~ars no opinion on, and expressly d~scla~ma any resFons,bd~ty for the soundness of or any ~tructure on which ,t ~e~cea are rendered or products may b~ apphed. E~I accepts no hab~hty for any fa,lure of the structure or material below the structure or for resultant damages and chant agrae~ to mdemn~ and ~ave E~I harmle~ from all claims or Io~ses as a result personal mju~, death or prope~y damage w~th respect to E~I'~ performance of work. Respectfully 5ubm,tted, Phd 5. Mayfleld (IReg~onal Manager) ACCEPTANCE Ele.51 ~s hereby authorized to furmsh all work set forth m th~s Proposal and Contract for which I/we agree to pay all compensabon set forth here~n. I/we have read and a~ree ~o and prolcon5 contained her~m and any attachments thereto. Authorized 5,gnature T,~- ~/ ~ Telephone F~ .Services A~jreement- Pacje 2