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Home My WebLink AboutORD 1978-004 � �- ORDINANCE 78-4 �-<� AN ORDINANCE OF THE CIN COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, RATIFYING AND CONFIRMING THE ACCEPTANCE OF A BID AND AUTHORIZATION OF A CERTAIN CONSTRUCTION CONTRACT FOR PERMA- NENT PUBLIC IMPROVEMENTS IN AND FOR THE CITY; DECLARING AN EMERGENCY WNEREAS, the City Council of the City of Grapevine, Texas (the "City"}, in accordance with the provisions of Article 2368a.1, Vernon`s Texas Civif Statutes, as amended, previously caused to be published in a newspaper of general circulation within the City, the "Grapevine Sun," on November 27, 1977, and on December 4, 1977, a certain "Notice to Bidders" relative to construction bids for certain perma- nent public improvements in and for the city; and WHEREAS, upon receipt and examination of bids, the Ciiy Council meeting in regular session December 20, 1977, determined by oral motion duly considered and favorably acted upon that the lowest responsible bidder was Cardinaf Builders, Inc., *' ' Lewisvi lle, Texas, for a bid price of $297,544.00 and that the Mayor be authorized to execute a contract with said company in said amount; and �.� WHEREAS, the INayor acting pursuant to such authorization executed on December 20, 1977 a certain Standard F�rm of Agreement Between Owner and Constructor wifih Cardina) Bui Iders, Inc., Lewisvi Ile, Texas, in the amount of $297,544.00 for the construction of certain permanenfi public improvements in and for that Ci ty; and WHEREAS, the City Counci) desires to confirm their approval of the bid and authorization of the Mayor to execute such Contract referred to above and to ratify and adopt the action of the Mayor in executing said C�ntract on behalf of the City; and V�lHEREAS, the meeting at which this Ordinance is being considered is open to the public following public notification of such meeting in accordance with Article 6252-17, V.A.T.C.S.; NOW, 7HEREFOKE, BE IT ORDAINED BY THE CITY COUNCIL QF THE �ITY �. . OF GRAPEVINE, TEXAS: Section 1 . That the recogni ti on and determi nati on by the Ci ty Counci( afi its regular meeting of December 20, 1977, that Cardinal Builders, lnc., Lewisville, �_� Texas, for a bid pri ce of $297,544.00 was the lowest responsbi le bidder for the construction of certain permanent public improvements in and for the City and the aufihorization af the Mayor ta execute a contract in such amount with such company os hereby confirmed,acknowledged, ratified and adoptecl. �» �,..� Section 2. That the execution by the Mayor of a certain Standard Form of Agreement Befiween Owner and Contractor dated December 20, 1977 between the City and Cardinal Builders, Inc., Lewisville, Texas, a copy of which is attached hereto as Exhibit "A" is hereby con�rmed, ratified, acknowledged and ad opted. Section 3. That fihe public importance of this measure and the fact that it is to the best interest of the City to construct the improvements herein contemplated consfiitutes an emergency and creates a necessity for fhe immediate preservation of the public peace, health and safety of the citizens of the City, which requires fihat this ordinance be passed and take effect as an emergency measure, and it is accord- ingly otdained that this ordinance shall be in full force and effect from and after i ts passage. PASSED AND APPROVED this the 24 day of � Januarv • 197$- �: . ' � ____��,�� Mayor, City of Grapevine, Texas �� ATTEST: �. !/� ,� r �i%� �'< � ,: �-� �.� City Set�retary, i of Grapevine, Texas APPROVED AS TCl LEGALITY: [SEAL] . � City Attorney, City of rapevine, Texas �� , � . � C � � � � � � Q.� ��, �rr l �.t;�-'��,.- �F�''' ' r'`',�-: -�_`��-�•',d `� " THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement �etween Own�r ar�d Contractor where the basis of payment is a ST I PULAT ED SUM TH15 DOCUMfNT HAS►MPORTANT LEGAL COlVSEQUfNCES;CONSULTATION W17H AN ATTORNEY 1S ENCOURAGED N/ITH RESPECT TO!TS COMPLfTlON OR MODIfICAT10lY Use only with the latest fdition of AIA Document A20?, General Conditions ot the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made this TWENTIETH (ZOth) day of DECEMBER in the year of Nineteen Hundred and SEVENTY-SEVEN (1977) BETWEEN the Owner: CITY OF GRAPEVINE, TEXAS TARRAPJT COUNTY, TEXAS - and the Contractor: CARDINAL BUILDERS, INC. LEWISVILLE, TEXAS the Project: GRAPEVINE POLICE AND LIBRARY FACILITY GRAPEVINE, TEXAS �`°�� HATFIELD -- HALCOMB, INC. the Architect: DALLAS, TEXAS The Owner and the Contractor agree as set f orth below. AiA DOCUMEN7 A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY '1974 EDITIO^! � AIA� • �1974 � THE AMERICAN iNST17UTE OF ARCHITECTS, '1735 NEW YORK AVE., N.W., WASHIt.GTON, D.C. 20006 EXHIBIT A, page 1 . _ � � � Y ARTICLE 1 �� THE C�NTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ' ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Nere insut the caption descriptive o�the Work as used on other Contract DocumentsJ f Work covers the construction for finishing the entire first floor area of an existing two (2) story building at 707 4Jest Dallas Drive, Grapevine, Texas for a Police and Library Facility including Community Room and related public spaces (First and Second Floors) as shown on the drawings and Alternates One (1) thru Four (4). �ff: . � �:s� ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETlON The Work to be•performed under this Contract shall be commenced t2t1 (10� days after written Noti ce to Proceed and completed�n0►1e hundred and fifty (150) calendar days. (He�e insert any special provisions for liquidated damages relating to failure to complete on time.) � .. �� AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITIOV • AIA� • 001974 2 THE AMERICAtJ INSTITU7E Of ARCHITECTS, 1735 h1EW YORK AVE., N.W., WASHINGTON, D.C. 20006 EXH IBIT A, page 2 , �_�� „�.. . ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of two hundred ni nety seven thousand five hundred forty-four dollars and no cents ($297,544.00� for Base Bid plus alternates one (1) thru four (4). (State here the lump sum amount,unit prices,or both,as desired.) Base Bid �278,800.00 Alternate No. l 9,044.00 Alternate No.2 4,600.00 Alternate No.3 2,700.00 ' A1 ternate No.4 2,400.00 TOTAL �297,544.00 �. ARTICLE 5 ��.A, PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certiticates for Payment issuecJ by the Architect, the Owner shal) make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Conditions of the Contract as follo�vs: On orabout the fifteenth (15th) day of each month 111tlety (90� per cent of - the pro orti n o F�, Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ►�ne`�y ��U� per cent of the portion of the Contract Sum properly allocable to mate�ials and equipment suitably stored at the site or at some other location agreed upon in �vriting by the parties, up to ten �10� days prior to the date on which the Application for Payment is submitted, less the aggregate of previous payments in each case; and u ono ubstantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety-fi ve �95/) per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. f!/not covered elsewhere in the Conuact Documents, here insert any provision lo�timrting or reducing the amoun!retained alter ihe Work�eaches a certain stage o!completionJ For further conditions relative to payments see � � Article 7.3. � Any moneys not paid when due to either party under this Contract shall bear interest at the fegat rate in force at the place of the Project. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • )ANUARY '1974 EDETION • AIAB • �7974 � THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE�N YORK AVE., h.W., �NASHINGTON, CJ.C. 2000G EXHIBIT A, page 3 . � � � � ARTICLE 6 �..h FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor forty-fi ve (45) days after 5ubstantial Compietion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has then been completed, the Contract futly perfo�med, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVtS10N5 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article� and,except for Modifications issued after execution of this Agreement,are enumerated as fol(ows: (List below the Agreement,Conditions of the Contract (Genenl, Supplementary, and other Conditions), Drawings, Specificatiorts, Addenda and accepted Alternates,showing page or sheet numbers in a!I cases and dates where applicable.l Drawings dated 10/24/77 A-1 th ru A-6 M-1 th ru M--2 E-1 and E-2 Specifications dated 10/24/77 Ad�endum No. 1 dated 12/7/77 7.3 The contractor acknowledges that he will be paid his construction price, in �.:,,.a whole or in part, in Certificates of Obligation issued by the Owner. The Owner has made provis�ions for the Contractor to sell and to assign such Certificates of Obligation upon receipt f rom the Owner to First Southwes� Company, Dallas, Texas and to receive in cash the par value thereof. The Contractor has elected to assign such Certificates of Obligation in acco rdance with the arrangements specified herein. The Owner will make installment deliveries of the Certificates of Obligation every 30 days based upon the work actually perfo nned to that date under the contract less any amounts for retainage. �' '"' 7his Agreement executed the day and year first written above. ,,�� OWNER CTTY OF GRAPEVINE, TEXAS CONTRACTOR CARDINAL BUILDERS, INC. ;1� � � . � �`, � ��i� , � Mayor , � Attested: � — ' , AIA DOCUhtENT A1U1 �OWN -CONTRACTOR AGREE E T • JANUARY '19 4 EDITION • AIA� • � THE AMERICRN INS TUTE ARCHITECTS, 1735 YORK AVE., N.W., WASHINGTOIV, D.C. � rvu�n�T A .......... A