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HomeMy WebLinkAboutOrdinance No. 03-1460 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~])~- t t~ ~O AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MARK NORTH EROSION SYSTEMS LTD. FOR CONSTRUCTION OF THE SUTTON CREEK DRAINAGE CHANNEL; 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 contyact with Mark North Erosion Systems Ltd. for construction of the Sutton Creek Drainage Channel. The approved form of contract is attached hereto as Exhibit "A", and made a part hereo££or such purposes. SECTION 2. This Ordinance shall take ef'£ect 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 thc City of The Colony, Texas this 19thday of May, 2003. ATTEST: -~ ~yor /::~TI~ Patti A. Hicks, City Secretary APPROVED AS TO FORM: City Attorney (~ CONTRACT THIS AGREEMENT, is made and entered into this 19~ day of May, 2003, by and between the City of the Colony, (hereinafter called OWNER) of the County of Denton, and State of Texas, acting by and through ., its ~ duly authorized to so act, and Mark North Erosion Systems, Ltd., (hereinafter called CONTRACTOR), of the City of Fort Worth, County of Tarrant, and State of Texas., acting by and through Mark R. North, its Principal, duly authorized to so act. WITNESSETH: That for and in consideration of the mutual covenants hereinafter set forth, the OWNER and CONTRACTOR agree as follows: I. Description of Work The CONTRACTOR shall perform all of the work as specified in the contract documents such work generally described as: Sutton Drainage Channel Plans and Specifications prepared by: Nathan D. Maier Consulting Engineers, Inc. All work shall be performed at CONTRACTOR'S own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, bonds and other accessories and services necessary to complete the work, in accordance with the contract documents. II. Contract Documents The Contract documents shall consist of this written agreement, provisions of the Contract, including general, special, and all other provisions, advertisement for bid, instructions to bidders, bidders proposal, all addenda issued prior to award of contract, all plans, drawings, technical specifications and all other documents identified as pertaining to this agreement all of which has been identified by the OWNER and the CONTRACTOR. The Contract documents constitute the entire agreement between the OWNER and CONTRACTOR, and all are as fully a part of the contract as if attached to or repeated in this agreement. The Contract documents may be altered, amended or modified only as provided in the general or special provisions. III. Time of Commencement, Completion and Liquidated Damages The work to be performed under this contract shall be commenced by CONTRACTOR upon final execution of this contract and notice from OWNER to proceed. All work to be performed under this contract for the construction of the Base Bid with Alternate A shall be substantially completed within 100 calendar days of the date of the notice to proceed, subject to extensions of time provided in accordance with the contract documents. Time is of the essence in this contract and it is understood by CONTRACTOR and OWNER that actual damages caused by the failure of CONTRACTOR to complete the work within the stated time are impractical or extremely difficult to fix or to ascertain, and that per diem deduction from the contract price shall be retained by the OWNER as payment by CONTRACTOR of liquidated damages, and not as penalty for such failure. Such liquidated damages to be assessed and retained as set forth in the contract documents. BID #69-03-06-DRAINAGE CONTRACT NX>MC~ 02-m-0o9 00500- 1 5/19/03 IV. Contract Price OWNER shall pay the CONTRACTOR for the performance of the work, subject to additions and deductions by change order or as otherwise provided in the provisions of the contract, in current funds the contract sum of One Hundred Eighty Four Thousand Three Hundred Eighty- Eight Dollars and No Cents ($184,388.00) for the construction of the Base Bid with Alternate A. IN WITNESS WHEREOF, the OWNER and CONTRACTOR have executed this Agreement the day and year first written above. City of The Colony (OWNER) (CONTRACTOR) By: g~('~ Signature: ~4;~d ~' Printed Name: ~0J ~- {Z ' ~'101c~' ~ Printed Title: ~'~ f~i . APPROVED AS TO FORM: City Attorne/ Acknowledgment STATE OF TEXAS COUNTY OF DENTON Before me the undersigned authority on this day personally appeared ~,-- , known to me to be the person y~hose, nam9 is subscribed to the foregoing document and known to me to be the }-)~--es,o{~--~ (title) of ~o~ ~ ,~ ~ ~,. ~'~ (company name) and acknowledged to me that (s)he executed said document wi[h full' authority to do so and for the pu~oses and cqnsideration expressed therein. Given under my hand and seal~,,~J~,~Oce this /O~ day of _~ ...... ~ x..."T ......... ~ g. )....t, o%_.... NDMCE 02-01~9 00500 - 2