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HomeMy WebLinkAboutResolution No. 09-040 CITY OF THE COLONY, TEXAS RESOLUTION NO. 09-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND SEDALCO CONSTRUCTION SERVICES, INC. FOR SITE UTILITIES AND PAVING CONSTRUCTION AT THE POLICE/COURTS BUILDING, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Construction Manager have entered into an agreement such that the Construction Manager is to provide the following services: SITE UTILITIES AND PAVING CONSTRUCTION AT THE POLICE/COURTS BUILDING; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the agreement with SEDALCO CONSTRUCTION SERVICES, INC., which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein; and WHEREAS, with this agreement the City of The Colony is agreeing to pay a sum not to exceed $910,401 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The agreement, 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 of the City and its citizens, be, and the same is hereby, in all things approved for a base amount of $860,901, plus a contingency amount of $49,500, for a total amount not to exceed $910,401, 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. 63918 PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15th day of June, 2009. ATTEST:,,,, J MCCou , Mayor ity of The Colony, Texas Christie Wilson, City Secretary APPROV D AS TO FORM: Robert E. Hager ty Attorney r~ r A~ Q, 63918 e 12intAIA Document A121TMCMc - 2003 Amendment No.1 Amendment No. 1 to Agreement Between Owner and Construction Manager Pursuant to Section 2.2 of the Agreement, dated February 12, 2009 between The City of The Colony (Owner) and SEDALCO, INC. (the Construction Manager), for North Colony Municipal Complex Improvements - Utility / Paving Package (the Project), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below. ADDITIONS AND DELETIONS: The author of this document has ARTICLE I GUARANTEED MAXIMUM PRICE added information needed for its The Construction Manager's Guaranteed Maximum Price for the Work, including the completion. The author may also estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as have revised the text of the original defined in Article 5, is Eight Hundred Sixty Thousand Nine Hundred One Dollars and AIA Deletions standard rd form. or A An Additions and added Zero Cents ($860,901.00). This Price is for the performance of the Work in accordance information as well as revisions to the with the Contract Documents listed and attached to this Amendment and marked Exhibits standard form text is available from A through F, as follows: the author and should be reviewed. A vertical line in the left margin of this Exhibit A Drawings, Specifications, addenda and General, Supplementary document indicates where the author and other Conditions of the Contract on which the Guaranteed has added necessary information Maximum Price is based, pages 1 through 1 , dated 02/13/2009. and where the author has added to or deleted from the original AIA text. Exhibit B Allowance items, pages 1 through 1 , dated 02/13/2009. This document has important legal consequences. Consultation with an Exhibit C Assumptions and Clarifications made in preparing the Guaranteed attorney is encouraged with respect Maximum Price, pages 1 through 1 , dated 02/13/2009. to its completion or modification. Exhibit D Completion Schedule, pages 1 through 1 , dated 02/13/2009. Exhibit E Alternate Prices, pages 1 through 1 , dated 02/13/2009 . Exhibit F Unit Prices, pages 1 through 1 , dated 02/13/2009. Init. AIA Document A121 TMCMc - 2003 Amendment No. 1. Copyright @ 1991, 1998 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:14:39 on 02/20/2009 under Order No.1000371441_1 which expires on 9/16/2009, and is not for resale. ttgPr NntPQ- nngnRapanm ARTICLE II CONTRACT TIME The date of Substantial Completion established by this Amendment is: November 30, 2009. The City of The Colony SEDALCO, INC. (Row deleted) D,6 CLJ4,0~1 (Signature) (Signature) Dale Cheatham, City Manager Russ Garrison, Executive Vice President (Printed name and title) (Printed name and title) 7; S e OQ February 13, 2009 Date," - ~ ~ Date ATTEST ATTEST AIA Document A121 TMCMC - 2003 Amendment No. 1. Copyright © 1991, 1998 and 2003 by The American Institute of Architects and The Associated General Init. Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This documentwas produced by AIA software at 09:21:40 on 06/01/2009 under Order No.1000386447_1 which expires on 09/16/2010, and is not for resale. llcer Nnt2c* (8127248141 Exhibit "A' To Amendment No. 1 Drawings, Specifications, Addenda and General, Supplementary and Other Conditions of the Contract on which the Guaranteed Maximum Price is based: Architect of Record - Wiginton Hooker Jeffrey P.C. Architects Civil Plans Prepared by Civil Engineer - Halff Associates MP1.0 Plan Prepared by MEP Consultant - MD Engineering Civil Plans Description Date C-1 Cover Sheet 2/6/2009 C-2 General Notes 2/6/2009 C-6 Survey Control 1/26/2009 C-7 Erosion Control 1/26/2009 C-9 Proposed Parking, Paving & Grading (Sheet 1 of 2) 2/6/2009 C-10 Proposed Parking, Paving & Grading (Sheet 2 of 2) 2/6/2009 C-11 Proposed Drainage Area Map 1/26/2009 C-12 Ultimate Drainage Area Map 1/26/2009 C-13 Storm Drain Line "A" Plan & Profile Sta 1+00 to 6+00 2/6/2009 C-14 Storm Drain Line "A" Plan & Profile Sta 6+00 to 10+00 2/6/2009 C-15 Storm Drain Line "A" Plan & Profile Sta 10+00 to 14+00 1/26/2009 C-16 Storm Drain Line "A" Plan & Profile Sta 14+00 to End 2/6/2009 C-17 Utility Demolition Plan (Sheet 1 of 2) 1/26/2009 C-18 Utility Demolition Plan (Sheet 2 of 2) 1/26/2009 C-19 Water Line A Begin to Sta 5+00 (Sheet 1 of 3) 2/6/2009 C-20 Water Line A Begin to Sta 5+00 to 9+50 (Sheet 2 of 3) 2/6/2009 C-21 Water Line A Begin To Sta 9+50 to End (Sheet 3 of 3) 2/6/2009 C-22 Site Water & Wastewater Layout 2/6/2009 C-23 Water Line "B" Profile 2/6/2009 C-24 8" Wastewater Line A Sta 1+00 to End 2/6/2009 C-25 Traffic Control Plan TCP (2-5)-03 1/26/2009 C-26 Miscellaneous Details 2/6/2009 C-27 Erosion Control Details Sheet 1 of 2 1/26/2009 C-28 Erosion Control Details Sheet 2 of 2 1/26/2009 C-29 Concrete Paving Sheet 1 of 2 1/26/2009 C-30 Concrete Paving Sheet 2 of 2 1/26/2009 C-31 Sidewalk & Handicap/Curb Ramps (Sheet 1 of 3) 1/26/2009 C-32 Sidewalk & Handicap/Curb Ramps (Sheet 2 of 3) 1/26/2009 C-33 Sidewalk & Handicap/Curb Ramps (Sheet 3 of 3) 1/26/2009 C-34 Fire Lanes 1/26/2009 C-35 Storm Drain Backfill/Embedment 1/26/2009 C-36 Headwalls, Pipe Collars & General Notes 1/26/2009 C-37 Junction Box Sheet 1 of 2 1/26/2009 C-38 Junction Box Sheet 2 of 2 1/26/2009 C-39 Inlets Sheet 1 of 3 1/26/2009 C-40 Water Valve, Hydrants & General Notes 1/26/2009 C-41 Water Backfill/Embedment 1/26/2009 C-42 Concrete Blocking 1/26/2009 C-43 Water Services 1/26/2009 C-44 Wastewater Backfill/Embedment & General Notes 1/26/2009 C-45 Wastewater Manholes 1/26/2009 C-46 Wastewater Services 1/26/2009 MP1.0 Gas Relocation 2/3/2009 Project Manual by SEDALCO with proposal, bond forms and specifications. Addendum 1 dated 02/09/09 Addendum 2 dated 02/10/09 Exhibit "B" To Amendment No. One (1) Allowance Items Allowance No. 1 - Miscellaneous Patch & Repair For unseen miscellaneous patch and repair work which may be required during the construction of this work. Allow $5,000.00 Allowance No. 2 - Miscellaneous Demolition Allowance For unforeseen miscellaneous demolition work which may be required in conjunction with this work. Allow $5,000.00 Allowance No. 3 - Temporary seeding (Hydromulch) associated with the work under this. Allow $4,000.00 Allowance No. 4 - Removal and replacement of existing light pole in conflict with utility lines. Allow $1,500.00 Allowance No. 5 - For potential Power Company and Gas Company fees and charges associated with this work. Allow $10,000.00 Exhibit "C" To Amendment No. One (1) in preparing the Guaranteed Maximum Price: Assumptions and Clarifications made 1.01 All City of The Colony fees related to the performance of this work will be waived, including but not limited to: permit fees (contractors will be required to register with the City); inspection fees, meter fees, etc. a number of allowances in our GMP Proposal. These have been numerated in the attached Exhibit "B". 1.03 We have included in this proposal 5 months of General Conditions/Staffing expense. This should coincide with the scheduled delivery of the Guaranteed Maximum Price associated with the Police and Courts Building Additions and Renovations. 1.04 We have included an allowance of $ 10,000 for any power company or gas company fees associated with this work. This would include rework of gas meters. 1.05 We have not included any special provisions, permits, contractual arrangement, etc. associated with performing the work shown within the OncorlTXU Easement shown along the east side of the property. 1.06 Work associated with the parking lot renovation and expansion is anticipated to be completed during one site mobilization and will require complete unrestricted us of the area. 1.07 We have not included the sidewalk along North Colony Blvd., as this will be funded by another source in the future. 1.08 We have anticipated Temporary Electrical Service to our Jobsite Office trailer to be from available existing City Services for this portion of the work. 1.09 We have anticipated Two-Year Maintenance Bonds associated with this work. 1.10 We specifically exclude Material Testing. This is required by statute to be by the City on Construction Manager-At-Risk projects. 2.01 Earthwork is limited to that required at the new paving/storm inlet locations only. Building Pad preparation for new additions will be included in subsequent work. Exhibit "D" to Amendment No. One (1) Completion Schedule It is anticipated that this work will take 150 calendar days to complete subject to extensions in contract time per the specification and contract documents. Exhibit "E" to Amendment No. One (1) Alternate Prices Alternate No. 1 - Delete Storm Line "A" project from scope. Deduct <$132,234.00> ACCEPTED Alternate No. 2 - Revise 24" RCP at Storm Line "A" to HDPE between stations 1+00 to 8+70.24 Deduct <$2,288.00> NOT ACCEPTED Exhibit "F" To Amendment No. One (1) Unit Prices None