DR9401-CN 950110 ~"~,~'~,c..~ AGENDA REQUEST FORM
~_____..~.,~ T"e Cifb, With ^ B,au~iful Future
CITY CO~CIL MEETINg: January 10, 1995 ITEM
ITEM CAPTION:
Consideration and approval of a contract awarding Bid//Q-1194-01 Shadowridge/Devonshire Drainage
Improvement Project (Project//DR 94-01) to Humphrey & Morton in the amount:'of,$76.573.20,,., . and
authorizing the Mayor to sign. ~ _ ~"' ,'
c~ ........... "~"~-" . "~ ~ ~f.?'~ ~'~2,'.~":~ ~" d~
TITLE: Asst. City Manager/D~r. ~blic Works /' ~INITIAL$ ~
STAFF CO~E~S:
See attached memo.
STAFF RECOMMENDATION Approval X Denial
EXPLANATION:
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $ +/- BUD: $
FINANCIAL COMMENTS:
Funds are available in Drainage CiP.
FINANCIAL REVIEW: ~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 1/94
SHADOW RIDGE/DEVONSHIRE DRAINAGE EVIPROVEMENTS DR 94-01
Item Quanity Unit Description Engineer's Est. Humphrey & Morton Jeske Construction Rebcon, Inc.
Unit Total Unit Total Unit Total Unit Total
Price Price Price Price Price Price Price Price
1 235 C.Y. Concrete 300.00 70,500.00 266.50 62,627.50 296.00 69,560.00 315.00 74,025.00
Channel
2 275 C.Y. Excavation & 10.00 2,750.00 23.70 6,517.50 10.30 2,832.50 15.00 4,125.00
Recompaction
3 75 C.Y. Excavation & 10.00 750.00 8.70 652.50 8.00 600.00 15.00 1,125.00
Haul Off
4 4 ea. Rem. & Rep. 750.00 3000.00 510.00 2,040.00 190.00 760.00 600.00 2,400.00
Flumes
5 1 ea. 18" Pipe 500.00 500.00 460.00 460.00 420.00 420.00 400.00 400.00
Connection
6 14650 S.F. Hydromulch 0.50 7,325.00 0.01 146.50 0.18 2,637.00 0.30 4,395.00
7 1480 S.F. Sidewalk 2.50 3,700.00 2.79 4,129.20 2.55 3,774.00 3.50 5,180.00
I o n cos ll $88,~.00 II $76,573.20 II $80,583.50 I] $91,650.00
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OIWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the
year 1994 by and between the CITY OF COPPELL, TEXAS, a municipal corporation
(hereinafter called OWNER) and Humphrey & Morton Construction Company. Inc.
(hereinafter called CONTRACTOR).
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 project shall generally consist of the construction of about 1020 linear feet of
concrete channel (approximately 235 C.Y. of concrete). It shall also include the
excavation and recompaction of about 275 C.Y. of dirt and the excavation and haul off
of about 75 C.Y. of dirt. The work shall be as shown on the construction plans (DR 94-
01) and shall consist of furnishing all labor, equipment, tools and incidentals necessary
to complete the work as described in the plans and specifications.
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Shadowridge/Devonshire Drainage Improvement
DR 94-01
Article 2. ENGINEER.
The Project has been designed by the City of Coppell Engineering Department
Contract administration will be provided by the City of Coppell 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 ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
20 Standard Form of Agreement
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 120 calendar working days from the date
when the Contract time commences to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready Ibr final payment in accordance with paragraph
14.13 of the General Conditions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the time specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize
the delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay
OWNER Two hundred forty and no/100 dollars ($240.00) for each day that expires after
the time specified in paragraph 3.1 for Completion until the Work is complete.
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 1 - Proposal and Bid Schedule. The contact sum shall be the amount of
$ 76.573.20. The total tangible personal property cost included in the contract sum is
Seventy-six thousand, five hundred seventy-three dollars and twenty cents.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided
in the General Conditions.
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, on or about the day of 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 paragraph 2.9
of the General Conditions (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 Requirements.
21 SmndardFormofAgmement
5.1.1. Prior to Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold,
in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed.
90% of materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactox3, to OWNER as provided in
paragraph 14.2 of the General Conditions).
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
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 paragraph 4.2 of the General Conditions, and
accepts the determination set forth in paragraph SC-4.2 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
7.2 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
paragraph 4.2 of the General Conditions; and no additional examinations, investigations,
explorations, tests, reports, studies, or similar information or data are or will be required
by CONTRACTOR for such purposes.
22 Standard Form of Agreement
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 paragraph
4.3 of the General Conditions.
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. 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. CONTRACTOR 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 20 thru 25, inclusive).
8.2. Exhibits to this agreement (pages __to__, inclusive).
8.3. Certificate of Insurance.
8.4. Notice of Award.
8.5. General Conditions (pages 1 thru 33, inclusive).
8.6. Supplementary Conditions (pages 26 thru 35).
8.7. Specifications bearing the title: "Construction Specifications and Contract
Documents for Shadowridge/Devonshire Drainage
Improvement - DR 94-01 for the City of Coppell".
8.8. Drawings entitled: "Shadowridge/Devonshire Drainage Improvement - DR 94-01 ".
8.9. The following listed and numbered addenda:
23 Standard Form of Agreement
8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and
Contract Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages
to , inclusive).
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 paragraphs 3.4 and 3.5 of the General Conditions.
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
paragraphs 3.4 and 3.5 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
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.
24 Standard Form of Agreement
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 , 1994.
OWNER: City of Coppell CONTRACTOR:
255 Parkway Boulevard Humphrey & Morton Construction Company
Coppell, TX 75019 5136 Vesta Farley
Fort Worth, Texas 76181
BY: BY:
TITLE: TITLE:
ATTEST: ATTEST:
Address for giving notices: Address for giving notices:
P.O. Box 478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Assistant City Manager/City Engineer
(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.)
25 Standard Form of Agreement
AGREEMENT
STATE OF TEXAS
COUNTY OF DALLAS
THIS AGREEMENT, MADE AND ENTERED INTO THIS day of ,
A.D. 1994, by and between the CITY of COPPELL of the County of DALLAS and State
of Texas, acting through it's Mayor, Tom Morton thereunto duly authorized so to do, Party
of the First Part, hereinafter termed OWNER, and Humphrey & Morton Construction
Company. Inc. of the City of Fort Worth, County of Tarrant and State of Texas, Party of the
Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and
under the conditions expressed in the bond bearing even date herewith, the said Party of the
Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER)
to commence and complete the construction of certain improvements described as follows:
Shadowridge/Devonshire Drainage Improvements - DR 94-01
and all extra work in connection therewith, under the terms as stated in the General Conditions
of the Agreement and at his (or their) own proper cost and expense to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors,
General and Special Conditions of Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the Specifications and addenda therefor, as prepared by
the City of Coppell Engineering Department
herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and
the ENGINEER, together with the CONTRACTOR's written Proposal, the General Conditions
of Agreement, and the Performance and Payment Bonds hereto attached; all of which are made
a part hereof and collectively evidence and constitute the entire contract.
The Contractor hereby agrees to commence work within ten (10) days after the date
written notice to do so shall have been given to him, and to substantially complete the same,
within 120 calendar working days after the date of the written notice to commence work,
subject to such extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the contract.
Agreement
Page 2
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement
in the year and day first above written.
CITY OF COPPELL HUMPHREY & MORTON
CONSTRUCTION CO., INC.
Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR)
By: By:
ATTEST: ATTEST:
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the
year 1994 by and between the CITY OF COPPELL, TEXAS, a municipal corporation
(hereinafter called OWNER) and Humphrey & Morton Construction Company, Inc.
(hereinafter called CONTRACTOR).
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 project shall generally consist of the construction of about 1020 linear feet of
concrete channel (approximately 235 C.Y. of concrete). It shall also include the
excavation and recompaction of about 275 C.Y. of dirt and the excavation and haul off
of about 75 C.Y. of dirt. The work shall be as shown on the construction plans (DR 94-
01) and shall consist of furnishing all labor, equipment, tools and incidentals necessary
to complete the work as described in the plans and specifications.
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Shadowridge/Devonshire Drainage Improvement
DR 94-01
Article 2. ENGENEER.
The Project has been designed by the City of Coppell Engineering Department
Contract administration will be provided by the City of Coppell 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 ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
20 Standard Form of Agreement
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 120 calendar working days from the date
when the Contract time commences to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with paragraph
14.13 of the General Conditions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the time specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize
the delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay
OWNER Two hundred forty and no/100 dollars ($240.00) for each day that expires after
the time specified in paragraph 3.1 for Completion until the Work is complete.
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 1 - Proposal and Bid Schedule. The contact sum shall be the amount of
$ 76,573.20. The total tangible personal property cost included in the contract sum is
Seventy-six thousand, five hundred seventy-three dollars and twenty cents.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided
in the General Conditions.
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, on or about the day of 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 paragraph 2.9
of the General Conditions (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 Requirements.
21 Standard Form of Agreement
5.1.1. Prior to Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold,
in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed.
90% of materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions).
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
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 paragraph 4.2 of the General Conditions, and
accepts the determination set forth in paragraph SC-4.2 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
7.2 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
paragraph 4.2 of the General Conditions; and no additional examinations, investigations,
explorations, tests, reports, studies, or similar information or data are or will be required
by CONTRACTOR for such purposes.
22 Standard Form of Agreement
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,
repons, 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 paragraph
4.3 of the General Conditions.
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. 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. CONTRACTOR 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 20 thru 25, inclusive).
8.2. Exhibits to this agreement (pages __to__, inclusive).
8.3. Certificate of Insurance.
8.4. Notice of Award.
8.5. General Conditions (pages 1 thru 33, inclusive).
8.6. Supplementary Conditions (pages 26 thru 35).
8.7. Specifications bearing the title: "Construction Specifications and Contract
Documents for Shadowridge/Devonshire Drainage
Improvement - DR 94-01 for the City of Coppell".
8.8. Drawings entitled: "Shadowridge/Devonshire Drainage Improvement - DR 94-01 ".
8.9. The following listed and numbered addenda:
23 Standard Form of Agreement
8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and
Contract Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages
to , inclusive).
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 paragraphs 3.4 and 3.5 of the General Conditions.
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
paragraphs 3.4 and 3.5 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
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.
24 Standard Form of Agreement
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 Comract Documents have been signed or identified by
OWNER and CONTRACTOR or by ENGINEER on their behalf.
This Agreemem will be effective on , 1994.
OWNER: City of Coppell CONTRACTOR:
255 Parkway Boulevard Humphrey & Morton Construction Company
Coppell, TX 75019 5136 Vesta Farley
Fort Worth, Texas 76181
BY: BY:
TITLE: TITLE:
ATTEST: ATTEST:
Address for giving notices: Address for giving notices:
P.O. Box 478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Assistant City Manager/City Engineer
(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.)
25 Standard Form of Agreement
AGREEMENT
STATE OF TEXAS
COUNTY OF DALLAS
THIS AGREEMENT, MADE AND ENTERED INTO THIS day of ,
A.D. 1994, by and between the CITY of COPPELL of the County of DALLAS and State
of Texas, acting through it's Mayor, Tom Morton thereunto duly authorized so to do, Party
of the First Part, hereinafter termed OWNER, and Humphrey & Morton Construction
Company, Inc. of the City of Fort Worth, County of Tarrant and State of Texas, Party of the
Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and
under the conditions expressed in the bond bearing even date herewith, the said Party of the
Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER)
to commence and complete the construction of certain improvements described as follows:
Shadowridge/Devonshire Drainage Improvements - DR 94-01
and all extra work in connection therewith, under the terms as stated in the General Conditions
of the Agreement and at his (or their) own proper cost and expense to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors,
General and Special Conditions of Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the Specifications and addenda therefor, as prepared by
the City of Coppell Engineering Department
herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and
the ENGINEER, together with the CONTRACTOR's written Proposal, the General Conditions
of Agreement, and the Performance and Payment Bonds hereto attached; all of which are made
a part hereof and collectively evidence and constitute the entire contract.
The Contractor hereby agrees to commence work within ten (10) days after the date
written notice to do so shall have been given to him, and to substantially complete the same,
within 120 calendar working days after the date of the written notice to commence work,
subject to such extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the contract.
Agreement
Page 2
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement
in the year and day first above written.
CITY OF COPPELL HUMPHREY & MORTON
CONSTRUCTION CO., INC.
Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR)
By: By:
ATTEST: ATTEST:
EJCDC
STANDARD FORM OF AGREEMENT
BETVfEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the
year 1994 by and between the CITY OF COPPELL: TEXAS, a municipal corporation
(hereinafter called OWNER) and Humphrey & Morton Construction Company, Inc.
(hereinafter called CONTRACTOR).
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 project shall generally consist of the construction of about 1020 linear feet of
concrete channel (approximately 235 C.Y. of concrete). It shall also include the
excavation and recompaction of about 275 C.Y. of dirt and the excavation and haul off
of about 75 C.Y. of dirt. The work shall be as shown on the construction plans (DR 94-
01) and shall consist of furnishing all labor, equipment, tools and incidentals necessaD~
to complete the work as described in the plans and specifications.
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Shadowridge/Devonshire Drainage Improvement
DR 94-01
Article 2. ENGINEER.
The Project has been designed by the City of Coppell Engineering Department
Contract administration will be provided by the City of Coppell 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 ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
20 Standard Form of Agreement
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 120 calendar working days from the date
when the Contract time commences to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with paragraph
14.13 of the General Conditions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the time specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize
the delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay
OWNER Two hundred forty and no/100 dollars ($240.00) for each day that expires after
the time specified in paragraph 3.1 for Completion until the Work is complete.
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 1 - Proposal and Bid Schedule. The contact sum shall be the amount of
$ 76.573.20. The total tangible personal property cost included in the contract sum is
Seventy-six thousand, five hundred seventy-three dollars and twenty cents.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided
in the General Conditions.
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, on or about the day of 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 paragraph 2.9
of the General Conditions (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 Requirements.
21 Standard Form of Agreement
5.1.1. Prior to Completion, progress payments will be made in an mount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold,
in accordance with paragraph 14.7 of the General Conditions.
90 % of Work completed.
90% of materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions).
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
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 paragraph 4.2 of the General Conditions, and
accepts the determination set forth in paragraph SC-4.2 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
7.2 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
paragraph 4.2 of the General Conditions; and no additional examinations, investigations,
explorations, tests, reports, studies, or similar information or data are or will be required
by CONTRACTOR for such purposes.
22 Standard Form of Agreement
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 paragraph
4.3 of the General Conditions.
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. 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. CONTRACTOR 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 20 thru 25, inclusive).
8.2. Exhibits to this agreement (pages __to__, inclusive).
8.3. Certificate of Insurance.
8.4. Notice of Award.
8.5. General Conditions (pages 1 thru 33, inclusive).
8.6. Supplementary Conditions (pages 26 thru 35).
8.7. Specifications bearing the title: "Construction Specifications and Contract
Documents for Shadowridge/Devonshire Drainage
Improvement - DR 94-01 for the City of Coppell".
8.8. Drawings entitled: "Shadowridge/Devonshire Drainage Improvement - DR 94-01"
8.9. The following listed and numbered addenda:
23 Standard Form of Agreement
8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and
Contract Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages
to , inclusive).
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 paragraphs 3.4 and 3.5 of the General Conditions.
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
paragraphs 3.4 and 3.5 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
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.
24 Standard Form of Agreement
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 , 1994.
OWNER: City of Coppell CONTRACTOR:
255 Parkway Boulevard Humphrey & Morton Construction Company
Coppell, TX 75019 5136 Vesta Farley
Fort Worth, Texas 76181
BY: BY:
TITLE: TITLE:
ATTEST: ATTEST:
Address for giving notices: Address for giving notices:
P.O. Box 478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Assistant City Manager/City Engineer
(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.)
25 Standard Form of Agreement
AGREEMENT
STATE OF TEXAS
COUNTY OF DALLAS }
THIS AGREEMENT, MADE AND ENTERED INTO THIS day of ,
A.D. 1994, by and between the CITY of COPPELL of the County of DALLAS and State
of Texas, acting through it's Mayor. Tom Morton thereunto duly authorized so to do, Party
of the First Part, hereinafter termed OWNER, and Humphrey & Morton Construction
Company, Inc. of the City of Fort Worth, County of Tarrant and State of Texas, Party of the
Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and
under the conditions expressed in the bond bearing even date herewith, the said Party of the
Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER)
to commence and complete the construction of certain improvements described as follows:
Shadowridge/Devonshire Drainage Improvements - DR 94-01
and all extra work in connection therewith, under the terms as stated in the General Conditions
of the Agreement and at his (or their) own proper cost and expense to furnish all the materials,
supplies, machineD', equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors,
General and Special Conditions of Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the Specifications and addenda therefor, as prepared by
the City of Coppell Engineering Department
herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and
the ENGINEER, together with the CONTRACTOR's written Proposal, the General Conditions
of Agreement, and the Performance and Payment Bonds hereto attached; all of which are made
a part hereof and collectively evidence and constitute the entire contract.
The Contractor hereby agrees to commence work within ten (10) days after the date
written notice to do so shall have been given to him, and to substantially complete the same.
within 120 calendar working days after the date of the written notice to commence work,
subject to such extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the contract.
Agreement
Page 2
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement
in the year and day first above written.
CITY OF COPPELL HUMPHREY & MORTON
CONSTRUCTION CO., INC.
Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR)
By: By:
ATTEST: ATTEST:
Mayor Morton announced that Item 2(A)13) had been pulled from the Executive Session agenda
on advice of counsel. Mavor Morton convened into Executive Session at 6:13 p.m. as allowed
under the above-stated article. Mayor Morton adjourned the Executive Session at '7:19 p.m. and
opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding the connection of Freeport Parkway and Parkway
Blvd. to S.H. 121.
B. Discussion of agenda items.
REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session.
5. Invocation.
Councilmember Alexander asked that everyone bow their heads tbr a moment of silence.
6. Pledge of Allegiance.
Mayor Morton led those present in the Pledge of Allegiance.
7. Citizen's Appearances.
There were no citizens signed up to speak under this item.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Minutes: December 13, 1994
December 27, 1994
CM011095
Page 2 of 11
B. Consider approval of the two remaining appointees, Tom Deaton and
Sherry Booty, to the City of Coppell Home Rule Charter Review
Commission.
C. Consideration and approval of entering into a contract with Sverdrup
Civil, Inc. in the amount of $39,774.07 for the design of various items
associated with Sandy Lake Road from MacArthur Blvd. to east City
Limits (Project # ST 93-01) that are the City's responsibility and
authorizing the Mayor to sign.
D. Consideration and approval of an ordinance abandoning a utility
easement along the side of Lot 20, Block H Pecan Hollow Addition (302
Pecan Hollow Drive) and authorizing the Mayor to sign.
E. Consideration and approval of entering into a contract with Weir and
Associates, Inc. in the amount of $240,000 for the design of Denton Tap
Road from Cottonwood Creek to the north City Limits and the design
of a 16" water line as shown on the City of Coppell Master Plan
(Project//ST 94-01) and authorizing the Mayor to sign.
F. Consideration and approval of an ordinance to abandon portions of
various utility easements located within the Creekview Subdivision, and
authorizing the Mayor to sign.
G. Consideration and approval of an Interlocal Agreement with Dallas
County for the redesign of Sandy Lake Road to accommodate hike and
bike trails and authorizing the Mayor to sign.
H. Consideration and approval of a resolution amending Section 4 of
Resolution//110894.3, determining the necessity for an assessment of a
portion of the costs against the benefitted properties, providing for
notice, and public hearing to determine an assessment and approval of
Notice of Proposed Improvements for East Beltline water line extension
(Project ~VA94-01), and authorizing the Mayor to sign.
I. Consideration and approval of an Ordinance for ZC-568, Old Coppell
Estates, to change the zoning from R (Retail) to SF-9 (Single Family-9),
to allow the development of a single family residential subdivision to be
located at the north side of Bethel Road, west of Denton Tap Road,
CM011095
Page 3 of 11
between the abandoned Bethel School Road and Coppell Road, and
authorizing the Mayor to sign.
J. Consideration and approval of an Ordinance for S-1087, to change the
zoning from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special
Use Permit) to allow the operation of an oil change facility, with special
conditions for property located at the southwest corner of MacArthur
Boulevard and Beltline Road, and authorizing the Mayor to sign.
K. Consideration and approval of an ordinance amending Chapter 15 of
the Code of Ordinances of the City of Coppell by amending Section
15-5-1 to require automatic fire sprinklers in all future multi-family
dwellings, to add interior fire standpipes to future commercial
occupancies with floor area exceeding 20,000 square feet for floor, and
to give the Fire Chief the option of relocating fire lanes outside of
potential building collapse zones and authorizing the Mayor to sign.
L. Consideration and approval of Rejoice Lutheran Church, Final Plat to
allow the construction of a church on 3.920 acres of property located
on the north side of Sandy Lake Road, 600 feet east of Lodge Road, at
the request of Halff Associates, Inc.
M. Consideration and approval of a contract, awarding Bid #Q-II91-01
Shadow Ridge/Devonshire Drainage Improvement Project//DR 94-01,
to Humphrey & Morton in the amount of $76,573.20, and authorizing
the Mayor to sign.
N. Consideration and approval to award the bid for four (4) new Police
vehicles to Arendale Ford Sales, Inc., in the amount of $63,504.00.
O. Consideration and approval to purchase computer financial software to
replace the USTI software currently running on the System-36 with
New World Systems Financial package software in an amount not to
exceed $150,000.00 as recommended by LeBlanc & Associates
consulting firm. The software includes Utility Billing, Tax Collection,
Budgeting, Accounts Payable & Receivable, Purchasing, Payroll and
Human Resources. This amount also included on-site training and
conversion of our existing data.
CM011095
Page 4 of 11
P. Consideration and approval of a resolution directing publication of
notice of intention to issue Certificates of Obligation, Series 1995, for
Public Safety and building improvements, in the amount of $4,700,000,
and authorizing the Mayor to sign.
Q. Consideration and approval of a resolution directing publication of
notice of intention to issue City of Coppell, Texas Waterworks and
Sewer System Revenue Bonds, Series 1995, in the amount of
$6,900,000, and authorizing the Mayor to sign.
R. Consideration and acceptance of the Comprehensive Annual Financial
Report for the fiscal year ended September 30, 1994.
Item 8 M was pulled for further consideration.
Items 8A, B, C, D, E, F, G, H, I, J, K, L, N, O, P, Qand R--
Mayor Pro Tem Robertson moved to approve Items 8 A, B, C, D carrying Ordinance No.
95682, E, F carrying Ordinance No. 95683, G, H carrying Resolution No. 011095.1, I carrying
Ordinance No. 91500-A-76, J carrying Ordinance No. 91500-A-77, K carrying Ordinance No.
95684, L, N, O, P carrying Resolution No. 011095.2, Q carrying Resolution No. 011095.3 and
R. Councilmember Sheehan seconded the motion; the motion carried 5-0 with Mayor Pro Tern
Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of
the motion.
Item M --
Councilmember Alexander moved to reject Item 8M. Councilmember Sheehan seconded the
motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander,
Watson, Reitman, and Sheehan voting in favor of the motion. Staff was given direction to
pursue proposals on alternate materials and re-bid.
9. Swearing-in of members to the City's new Conduct Review Board and Special
Counsel.
Mayor Morton swore in Jo Ann Harris Hill, Brian E. Shelby and Fred M. Wehrli as members
of the Conduct Review Board. Mayor Morton swore in Scott Braugh, Hilda Galvan, Kenneth
Hill and Alan Hostetter as Special Counsel.
CM011095
Page 5 of 11
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