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HomeMy WebLinkAboutResolution No. 09-008 RESOLUTlONNO. 09- 00 r ORIGIN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE }1 L COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE CONSTRUCTION SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND JIM BOWMAN CONSTRUCTION FOR CONSTRUCTION OF A LEFT TURN LANE AND MEDIAN OPENING ON MEMORIAL DRIVE AT THE W AL-MART PARKING LOT ENTRY, 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: CONSTRUCTION OF A LEFT TURl'l LANE AND MEDIAN OPENING ON MEMORIAL DRIVE AT THE W AL-MART PARKING LOT ENTRY, and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with JIM BOWMAN CONSTRUCTION, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $103,000.00 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 in the amount of $90,230.00 as the base amount, plus a $12,770.00 contingency amount for a total not to exceed $103,000.00, and the City Manager is hereby authorized to execute the Contract 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 19th day of JAl'lL\R\. 2009. ~. '; / ~~'i0~h . ristic Wilson. City Secretary J n Dillard, Mayor ity of Thy Colony, Texas 63918 L STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE TIIlS AGREEMENT is dated as of the --1L day of,~ by and between thCZTY OF THE COLONY, TEXAS, a ' icipal co OWNER) andJIM MAN (hereinafter called CONTRACTOR). Ce1~ 9ntuC'71()N Co~ e.. f'. OWNER and CONlRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: in the year 200ftc.l ration (hereinafter called Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project is for the construction of a left turn lane and median opening along Memorial Drive into the Wal-Mart Parking Lot The scope of work consists of, but is not limited to, construction staking, removing existing curb and gutter, street excavation, installation of new concrete pavement, curb and gutter, removal and replacement of pavement markings and markers, traffic control, hydro mulch/sodding and any other work deemed necessary by the City of The Colony. All of the work described above shall be done in accordance with TxDOT and NCTCOG specifications with the City of the Colony's Addenda and as per instructions of the City of The Colony City Engineer. The opinion of probable construction cost for the overall project is $120,000. The Project for which the Work under the Contract Documents may be th~ whole or only a part is generally described as follows: r c MEMORIAL DRIVE LEFf TURN LANE AND MEDIAN OPENING City of The Colony BID #69-08-23-MEDIAN Article 2. ENGINEER. The Project has been designed by the City of The Colony Engineering Department. The Bidding and Contract Documents have been established by the City of The Colony Engineering Department. 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 and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. " Contract Documents 1-26 Article 3. CONTRACT TIME. 3.1. The Work will be completed within 60 calendar days, including 5 inclement weather days, from the date when the Contract Time commences to run as provided in Item 103.6 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5.4 of the General Provisions. BIDDER agrees that all work awarded will be completed within 60 Calendar days, which includes ~ inclement weather days, for this project. The Contractor will submit written documentation to the Construction Inspector assigned by the City to document inclement weather days. Additional inclement weather calendar days will be added to the contract only if the ~ inclement weather days included in the bid have been approved. Contract time will commence to TUn as provided in the Contract Documents. 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 the Proposal and Bid Schedule. The contract sum shall be the amount of $ 9D. 230 o~ . The total tangible personal property cost included in the contract sum is $ '3 ~ 0 'i Z. co,:. . , Article s. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 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. AU progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5.1 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 109.5.2 of the General Provisions, but, in each case, less the Contract Documents 1-27 aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions of the NCTCOG Specifications. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions. OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. 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 102.3 of the General Provisions, and accepts the determination set forth in Item SC-I05.1.2 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 102.3 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 Contract Documents 1-28 Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 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. 7.5. CONlRACTOR 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 CONlRACTOR. 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 1-26 through 1-31 , inclusive). 8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance (page 1-34). 8.4. Notice of Award. 8.5. Part I: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, fourth edition. 8.6. Supplementary Conditions to the NCTCOG, Part I: General Provisions (pages 1-42 through I-54). 8.7. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond Fonns, and Specifications for: MEMORIAL DRIVE LEFT TURN LANE AND MEDIAN OPENING City of The Colony BID #69-08-23-MEDIAN 8.8. Construction plans, one set consisting ofTen (10) consecutively numbered sheets. 8.9 The following listed and numbered addenda: Contract Documents 1-29 8.1 o. CONTRACTOR's Proposal, Bid Schedule, and Summary of Section I - Bidding and Contract Documents (page 1-16 through 1-17). 8.11. Documentation submitted by CONlRACTOR prior to Notice of Award. 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 documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 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). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101.1 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. Article 10. OTHER PROVISIONS. IN Wl1NESS 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. Contract Documents 1-30 OWNER: City of The Colony 6800 Main Street The Colony, TX 75056 ~. f(01~dJy.d- rI ,j CONTRACTOR: BY: ~~~ BY: ,200/.q ../~"'" t5 tI-W.....,...; c;, III sr, c.:.;- ,.1 ////J;M",,,.,. /fvE. .r~ I / 'Lo'l~ 7)c' 7$ D 7 4- This Agreement will be effective on .... TITLE: G:,v, M,,R. ,.. "'t ,,/ "/ ~,--. _ .," i ',~,' . ,~-~ -.U'." .1.' " '." .'. ' J ) I.' .' -;--rZ' ~. k'; I"~ f.'. '"!-. i(ijL,--F, t~v '\...';..'p. \J._ C. ',_1 \ :r ,. , ~ ,. ~ \ ATTEST-: City of the Colony 6800 Main Street The Colony, Texas 75056 Attn: Ron Hartline, P,E. Senior Engineer Address for giving notices: Iff ;':",..0.- Av~ J; / t..A-/o.JO -r)c. 7StfJ7/J.. ... Attn: J/i'H iJ.w-~ Address for giving notices: (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) Contract Documents 1-31