The URL can be used to link to this page

Home My WebLink AboutResolution No. 04-91 RESOLUTION NO. 04-{li A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE CONSTRUCTION SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND PALCO ENGINEERING AND CONSTRUCTION SERVICES FOR IMPROVEMENTS TO OFFICE CREEK PUMP STATION, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: IMPROVEMENTS TO OFFICE CREEK PUMP STATION; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with P ALCO ENGINEERING AND CONSTRUCTION SERVICES, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Construction Services Contract the City of The Colony is agreeing to pay the sum not to exceed $293,332.00 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Construction Services Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest ofthe City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 15th day of November, 2004. ~B,~ J m Dillard, Mayor T!L~ !JAÁ~ .'ty of The Colony, Texas Christie Wilson, City Secretary [CITY SEAL] 63918 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the /~ daYOf~~) in the year 2004 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and ?A-LtD EYlJ'H'er¡~ 't (!.otlsf-fl.Ld-to'" (hereinafter called) CONTRACTOR). Serv(c~S OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnishing all labor, tools, materials, and equipment, and perfonning all work necessary for the construction of Office Creek Pump Station Pumping Improvements, piping, valves and accessories as shown on the drawings and specified in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: OFFICE CREEK PUMP STATION PUMPING IMPROVEMENTS City of The Colony BID #69-04-10-0FFCRK Article 2. ENGINEER. The Project has been designed by Chiang, Patel & Yerby, Inc., who is to act as Owner's Representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGNEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. The Bidding and Contract Documents have been established by Chiang, Patel & Yerby, Inc. Contract administration will be provided by the City of The Colony Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties. Contract Documents 2-1 Article 3. CONTRACT TIME. 3.1. The Work will achieve Substantial Completion on or before May 23,2005, and will be completed and ready for final payment on or before June 20, 2005, in accordance with Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the 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 with the unit prices listed in Section - Proposal and Bid Schedule. The contact sum shall be the amount of $ 279,364.00. The total tangible personal property cost included in the contract sum is $ 227,081.00. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the 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 the General Provisions. 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall detennine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions of the NCTCOG Specifications. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. Contract Documents 2-2 No interest shall ever be due on late payments-. 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 detennination set forth in Item SC-l.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for 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 the 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 for the performance or furnishing 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 the 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. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish 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 Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contract Documents 2-3 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2-1 through 2-6, inclusive). 8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive). 8.3. Certificate Of Insurance (page 2-7). 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-1 through 3-9). 8.7. Specifications bearing the title: "PROJECT MANUAL - Contract Documents for: OFFICE CREEK PUMP STATION PUMPING IMPROVEMENTS City of The Colony, BID #69-04-10-0FFCRK 8.8. Drawings bearing the title: OFFICE CREEK PUMP STATION PUMPING IMPROVEMENTS 8.9 The following listed and numbered addenda: 8.10. CONTRACTOR's Proposal, Bid Schedule, and Bid Summary - Bidding Documents (page 1-17 through 1-21). 8.11. Documentation submitted by CONTRACTOR prior to Notice of A ward. 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 Contract Documents 2-4 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 in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). 8.14 Executed Performance, Payment and Maintenance Bond. 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 Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a 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 the 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 representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Contract Documents 2-5 Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on "---Jí ~ /~ 20 Df ,- OWNER: City of The Colony CONTRACTOR: PA L eD E YI f-€.rpr-ise5j ~ e. J.~a... 6800 Main Street PAL eo E~ìYl€UI'~ ~ eO¡/ustru...eho~ ServlC-cs The Colony, TX 75056 BY: Ç)~_rkL. ~~;A -y;r/?~j/" TInE: c!. ~~ / , TInE: !--t.lðA fI fJft.A ò'l P,('ESt DENT ATTEST: ~llÁ~ATfEST:~tb) ~ Address for giving notices: Address for giving notices: PilL (!J) Ef1jr'M€€í"¿:j i- &1'1 Sfyu~j.lÐ·Y/ Sert.1lc~.s City of the Colony till £. 73 elflti1e.- "-Rei. J 'Sè.ül-e. 103 6800 Main Street The Colony, Texas 75056 J)-e So-fc) 7;K '7sll S- . Attn: Gordon Scruggs, PE f}#-/1" ::r.eI'I'~ II-, Pct.iC<.~ PE City Engineer !/tÚ f! So / MMttJil'1.j ~ cio.,- (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) Contract Documents 2-6 I