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HomeMy WebLinkAboutOrdinance No. 03-1452 CITY OF THE COLONY, TEXAS > AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AMERICAN CIVIL CONSTRUCTORS~ INC. FOR SKATE PARK CONSTRUCTION; 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 American Civil Constructors, Inc. for Skate Park construction. 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 5th day of May 2003. ROVED: ~~lle/Sh~~on~,, %M~yor~~ Patti A. Hicks, City Secretary APPROVED AS TO FORM: 1997 EDITION AIA DOCUMENT A101-1997 Standard Form of Agreement Between Owner and Contractor ere the basis of payment is a STIPULATED SUM This document has impor- tant legal consequences. AGREEMENT made as of the in the year 9oo ~ Consultation with an (In words, indicate day, month and year) attorney is encouraged '~ r~H ~' ~ P~ ~ T~o o'T'ldO,,.~,~,~,~ ~-He~ with respect to its B E T W E E N the Owner: completion or modification. (Name, address and other information) Ct ¢'C O~' 'T'H ~ CO~.o~"~ - '"~a.l~ '~ 4, ""~.c~-~a~V,o ~0 AIA Document A201-1997, ,.~-,~J ~. C'o~o~o-g "~t..~D. General Conditions of the ~ ¢ O----°~'°~a'f,--V-'~'. ')~O~fo Contract for Construction, is adopted in this document by reference. Do not use with and the Contractor: other general conditions unless this document is (Name, address and other information) modified. This document has been SO~,~"~rl ~.~ I~'¢/'T'~c. "1 ~ oq Z. approved and endorsed by The Associated General Contractors of America. The Project is: '-?-'w c C'~ ,.-o ~-t The Architect is: (Name, address and other information) ~]997 ~ ~ ' ~L~g ow~mcom~cto~ AGREEMENT The Owner and Contractor agree as follows. The American of Architects 1715 ~ew York Avenue, ~.W. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ~ 1997 by The American Institute of Washington, D.C. 2OO~-5292 Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed phot~opyin8 violates U.S. copyright laws and will subj~l the violator to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS 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 attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representa- tions or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE2 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 shall 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 fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechan- ic's liens and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Of 5 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used ~,hen coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) ©1997 AIA® AIA DOCUMENT A101-1~J7 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 2000~-5202 WARNING: Unlicensed photocopyin8 violates U.S. copyrisht laws and will subject the violator to lesal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Dollars ($ ~j ~,0,3~ ), subiect to additions and deductions as provided in the Contract Documents. 4.1 The Contract Sum is based upon the following alterna~_es, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification 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 ihe date when that amount expires.) 4.3 Unit prices, if any, are as follows: ARTICLE 5 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 account of the Contract Sum to the Contractor 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 ending on the last day of the month, or as follows: 5.1~t Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, pay- EEESl ment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submit- o ~ ~ I I ted by the Contractor in accordance with the Contract Documents. The schedule of values shall © 19 9 7 ^ ~ ^ ® allocate the entire Contract Sum among the various portions of the Work. The schedule of values ^IA DOCUMENT A101-1997 shall be prepared in such form and supported by such data to substantiate its accuracy as the OWN£R-CONTRACTOR Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis A6R££M£NT for reviewing the Contractor's Applications for Payment. The American Institute of Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 WARNING: Unlicensed photocopytn8 violates U.S. copyrisht laws and will subject the violator to lesal prosecution. 5.1.5 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 Contract Documents, the amount of each progress pay- ment shall be computed as follows: .~ Take that portion of the Contract Sum properly allocable to completed Work as deter- mined 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 val- ues, less retainage of percent ( %). Pending final determi- nation of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2o~-~997; .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 percent ( %); .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 Certificate for Payment as provided in Paragraph 9.5 of AIA Document A~o~-~997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.~.6 shall be further modified under the following circumstances: .~ Add, upon Substantial Completion of the Work, a sum sufficient to increase the total pay- ments 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 AIA Document A2o~-~997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .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 9.2o.3 of AIA Document A2o~-~997. 5.1.6 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) 5.1.9 Except with the Owner's 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 PAYMENT 01997 AIA® 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made AIA DOCUMENT AIO1-1997 by the Owner to the Contractor when: OWNER-CONTRACTOR .~ the Contractor has fully performed the Contract except for the Contractor's responsibil- AGREEMENT ity to correct Work as provided in Subparagraph ~.2.2 of AIA Document A2oH997, and The American Institute to satisfy other requirements, if any, which extend beyond final payment; and of Architects .2 a final Certificate for Payment has been issued by the Architect. 1735 New York Avenue, N.W. Washinston, D.C. 2OOO6-5292 WARNING: Unlicensed photocopyinR violates U.S. copyriRht laws and will subiect the violator to leeal orosecution. 5.2.2 The Owner's final payment to the Contractor shall 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 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2o]-]997. 6.2 The Work may be suspended by the Owner as provided in Article ]4 of AIA Document A2o]- ]997- ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A2m-]997 or another Contract Document, the reference refers 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 thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to ddetions or modifications, and also regarding requirements such as written disclosures or waivers.) ?.3 The Owner's representative is: ,.~ ~". (Name, address and other information) I:~ I ~ I ~ · ~0~0 ~'f "~-'~ t~ . 7.4 The Contractor's representative is: (Name, address and other information) ~J-'~}'%(~ 1~'~'~ 1.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days' written notice to the other party. 7.6 Other provisions: ~c;~° ©1997 AIA® AIA DOCUMENT AlOl-lgg7 OWNER-CONTRACTOR AGREEMENT The American institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopyin8 violates U.S. copyrisht laws and will subject the violator to lesal prosecution. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed ~997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A~o~-~997. 8.1.2 The General Conditions are the ~997 edition of the General Conditions of the Contract for Construction, AIA Document A2o~-~997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated ~"'~,a...,-~ a.~ 2e~ e~ ~ , and are as follows: Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8a.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 01997 AIA~ AIA D~U~ENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects ]735 New York Avenue, N.W. Washinston, D.C. 200~-5292 WARNING: Unlicensed photocopyln8 violates U.S. copyrisht laws and will subject the violator to legal prosecution. 8.1.6 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.? Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document Aeoz-~997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contracto?s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. 0 W N E R (Signature) C (Printed name and title) (Printed name and title) l~ ~.~.UIION: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo 1 printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. ©1997 AIA® AIA DOCUMENT A101-lgg7 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, NW. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.