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HomeMy WebLinkAboutOrdinance No. 00-1221 ORI$1NN. 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 AUGUSTA CONSTRUCTION, INC. FOR THE RENOVATION OF A RECREATION CENTER; 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 Augusta Construction. Inc. for the renovation of a recreation center. The approved form of contract is attached hereto as Exhibit "A", and made a pa~t hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and aider 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 21~t day of August, 2000. ATTEST: William W. MaS~n~ ingl Mayor ~ ,~..r~'""'~'~':A~.s, TRMC, City Secretary 0RI$1NAL l Standard Form of Agreement Between Owner and Contractor w ere o paymeAf ~$a STIPULATED SUM AIA Document Al 01-1997 t997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LF~AL CON~ES. CONSULTATION WITH AN ATI]3RNEY IS ENCOURAOED WITH RESP~T TO 1TS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ITI.{~CTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY US[NO AIA AIA Document A201-1997, C_,metal Conditions of the Contract for Coustru~ion, is adopted in this document by referent. Do not use with other seneral conditions This do~un~nt has heon apparel and endowed by Th~ Associated G-a~ml Contractors of Ameriem. Copy6ghi 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by Th~ Ammcan Institute ofAre, hii~. ~lmodu~ion ofthe maieml herein or substantial quotation of its provisions without written permission of the AIA violates the ~:9-isht laws of ~he Umted States and will subject the violator to AGREEMENT made as of the Twenty-First (21st) day of August in the year of Two Thousand (2000) (In words, indicate day, month and)ear) BETWEEN the Owner: - (3[ame, address and o~her information) City of The Colony 5151 No. Colony Boulevm'd The Colony, TX 75056 and the Coaisactor (7~rame, address ~ o~er infonna~on) Augusta Construction, Inc. 417 Oautney Street, Suite 200 Cmxknd, TX 75O4O The Project is: 5151 bio. Colony Boulevard T~ Cob~, TX 75056 8992 Td~ Powdl Ro~l Frisco, TX 75035 The Owner and Coah-actor ~gree as follows. AIA DOCUMENT Al01 -OWNER - COI~RA~ AGRIERMENT - 1997 ED1TION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTrrUTE OF ARCHITECTS, 1735 blEW YORK AVENUE N.W., '~/ASHINGTON, D.C. 20006-5292. WARNING: Unlic~ns~ photompying vioh~ U.S. oopyright hws date of expiration as noted below. Ele~h-onic Format A101-1997 · The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shah be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fi~ed in a notice to proceed.) It~ prior to the commencement of the Work, the Owner requires time to file mort~on~ mechanic's liens and other security interests, the Owners time requirement shah be as follows: 3~ The Coah-act Tune shall be measured from the date of commenceme~. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days bom the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date mct~ be used when coordinated with the date of commencement. Un/ess stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) Not later than October 23, 2000 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to fmlure to complete on time or for bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM 4.1 The Owner shaH pay the Co~-actor the Coat,act Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Fifty-Six Thousand Seven Hundred and no/100 Dollars ($ 56,700.00 ), subject to additions and deductions as provided in the Ccndtact Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other klentification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) None 4.3 Unit prices, ifany,.are as follows: None ARTICLE $ PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on accoum of the Contract Sum to the Comractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month endin8 on the last day of the month, or as follows: AIA DOC~ Al01 -OWNER - CONTRACTOR AC~g.t~IENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AlviERIC~ INSTITUTE OF ARCHH'F_.C-~S, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photoeot~.n~ violates U.S. copy~t laws and date of expiration as noted below. Electronic Format A101-1997 5.1.3 Provided that an Application for Payment is received by the. Architect not later than the T~-l~d~h (2$th)day of a month, the Owner shall make payment to the Contractor not later than the Tenth (10th) day of the foliowh!g month, ff an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty (30) days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shah he based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shah allocate the entire Comract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall he used as a basis for reviewing the Contractor's Applications for Payment. 5. ¶.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Coah-~ct Documents, the amount of each progress payme~ shall he computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as detei~ined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retalm~e of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall he included as provided in Subparagraph 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certifw~e for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.'1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall he further modified under the following circumstances: · ~ Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8.5 of AL4 Document Aff01.1997 requires release of applicable retaJnage upon Substantial Complelion of Work with consent of surety, irony.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Doounent A201-1997. 5.~.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is ime, dea~ prior to SubstatUial Comt,letio~ of the emire Wor~ to re&ce or li~it the retamoge resulti~g fro~ the percent,~g~ ~merted ~ Clauses 5.1.6.1 ami $. 1.6.2 above, and this is not e~plained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 5.¶.9 Except with the Owneffs prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMI~NT $.2.'1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: AIA DOCUMENT Al01 OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITIYrE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlio~e~d pho~ violates U.S. oopyrig, ht laws ami will subject the violator to legal pro~ution. This docmmmt was electronioally ~ with petmissio~ of the ALA and oan be mproduoed without violafi~m until tho date of t, xpiration a~ noted b~low. Electronic Format A101-1997 .1 the Coat,actor has fidly performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy otb. er requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 5.2.:2 The Owner's final payment to the Contractor shah be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 5.1 The CoaUact may be terminated by the Owner or the Coat-actor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refe~-s to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereot~ at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if troy.) (Usury la~s and requirements under the Federal Truth in lx, nding Ae~ similar state md local conssuner credit la~s and other reg~ons at the Owner's ~d Contractor's principal places of business, the location of the Project and elsewhere may affect the validitg of this provisiott Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owners representative is: (Name, address and other information) Ms. Para Nelson City of The Colony 5151 No. Colony Boulevard The Colony, TX 75056 7.4 The Contractor's representative is: (Name, address a~r/ other i.formmion) AuGusta Construction, Inc. 417 Gaumey Street, Suite 200 Garland, TX 75040 ?.5 Neither the Owners nor the Contractor's representative shall be changed without ten days written notice to the other party. ?.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Docun~-,ts, except for Modifications issued a_Rer ~eo_~tion of this Agreement, are =mmerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Doomumt A101-1997. 8. ¶.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. AIA DOCUMENT Al01 OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTrH3TE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. eopyright laws and will subject the violato~ to legal prosecutio~ This document was elaolronically produced with permission of the AIA and can be mproduoed without violation until the date of ea:piralion as nord below. Electronic Format A101-1997 8.1.:~ The Supplementary and other Conditions of the Contract are those contained in the Project Mamsal dated , and are as follows: Document Title Pages N/A 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer ~ c~ exhibit ~a,~hed to this Agreement) Section Title Pages N/A 8.1.5 The Drawings are as follows, and are dated 07/06/2000 unless a different date is shown below: (Either list the Dra~i~vg~ here or refer to a~ ex.bit ,~tt~hed to this ~gree~e~tt ) Number Title Date Al.00 Specifications 7.6-00 Al.01 Demo and New Floor Plans 7-6-00 Al .02 Interior Elevations 7.6-00 MEP-I Notes and Symbols 3-6-00 MEP-2 Spedtications 3-6-00 MF.P-3 Specifica6ons 3-6-00 MP-I HVA/C and Plumbing Plans 3-6-00 E-I Power and Lighting Plans 3-6-00 8.'1.6 The Addenda, if any, are as follows: Number Date Pages None Portions of Addenda relating to bidding requirements are not part of the Contract Documems unless the bidding requirements are also enumerated in this Article 8. 8.~.7 Other documents, if any, forming part ofthe Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. Aid Document A201-1997 provides that b~lding requirements such as advertisement or invitation to bia[ Instructions to Bidders, s~nple forms t~d the Co~ractor's bid are not part of the Contract Dacvanents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Dacuments.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copi~of which one is to be delivered to the Contractor, one to the Architect for use in the admim'stl~ o~ C~~d th~en~inder to Mr. I~nnv l~u~l'mr~_ City Mm~?~r ~ A,hley. Vim Pr~id~nt /z AIA DOCUMENT AIOI OWNER - ~CTOR AGRIq~IENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCtffIECTFS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING:. Unlic~med photooopying violat~ U.S. oopytiglR laws and date of expiration as noted below. Electronic Format A101-1997