HomeMy WebLinkAboutResolution 2000-084
RESOLUTION NO. 2000-084
BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS,
that:
1.
The City Manager is hereby authorized to execute the contract with CLASSIC TILE &
PLASTER to refinish various pool surfaces, Bid #01-940, as the act and deed of the
City.
PASSED AND APPROVED this 13th day of November 2000.
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Patricia Hutson, City Secretary
APPROVED:
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Charles Scoma
Mayor
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APPROVED AS TO CONTENT:
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Jim Browne, Director of Parks and Recreation
CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT is made and entered by and between CLASSIC TILE
and PLASTER, (hereinafter referred to as "Contractor"), and the CITY OF NORTH
RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City"), to be
effective from and after the date hereinafter provided.
For and in consideration of the covenants and agreements contained herein, and for
the mutual benefits to be obtained hereby, the parties hereto agree as follows:
I. The parties agree that the contract documents shall consist of the following:
1. This written construction agreement;
2. A performance bond in the sum of one hundred percent (100%) of
the total contract;
3. A payment bond in the sum of one hundred percent (100%) of the
total contract price;
4. The Special Conditions;
5. The Specifications and the Project Drawings (if any);
6. The Advertisement for Bids; and
7. The Contractor's bid.
These contract documents form the construction agreement and are a part of this
agreement as if fully set forth herein. The contract documents are complementary and what
is called for by one shall be as binding as if called for by all. In the event of an inconsistency
in any of the provisions of the contract documents, the inconsistency shall be resolved by
giving precedence to the contract documents in the order in which they are listed above.
THE WORKS
II. Contractor shall provide all labor, supervision, materials and equipment necessary
to perform all work required by the contract documents in connection with Pebble Tec
installation in the Endless River, Body Flume Catch Pool and Activity Pool,
Bid #01-940.
1.
TIME OF COMMENCEMENT; TIME OF
COMPLETION
III. Contractor shall commence work within ten (10) calendar days after receiving from
City a notice to proceed or work order. Contractor agrees and covenants that all work
hereunder shall be complete within ninety (90) calendar days of start of construction.
CONTRACT SUM
IV. The City shall pay the Contractor in current funds for the performance of the work,
subject to additions and deductions by change orders as provided in the contract documents,
the amount of Two Hundred Five Thousand Five Hundred Forty Nine Dollars ($205,549.00).
PROGRESS AND FINAL PAYMENTS
V. Progress and final payments shall be paid to the Contractor in accordance with the
Standard Specifications.
CHOICE OF LAW; VENUE
VI. The parties agree that the laws of the State of Texas shall govern the interpretation,
validity, performance and enforcement of this construction agreement, and that the exclusive
venue for any legal proceeding involving this construction agreement shall be Tarrant
County, Texas.
ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT
VII. This construction agreement, including the contract documents listed in Paragraph I
hereinabove, represents the entire and integrated agreement between City and the
Contractor, and supersedes all prior negotiations, representations, or agreements, either
written or oral. This construction agreement may be amended only by written instrument
signed by both City and Contractor. This construction agreement is binding upon and shall
inure to the benefit of the parties hereto and their respective successors and assigns.
EFFECTIVE DATE
VIII. This construction agreement, having been previously approved by the City Council of
the City of North Richland Hills on November 13, 2000, shall be effective upon the date of
execution by Contractor, provided the City executes the same within ten (10) working days
after said execution by Contractor.
2.
IN WITNESS WHEREOF, the parties have executed this construction agreement
upon the year and date indicated beneath their signatures hereto.
CITY OF NORTH RICHLAND HILLS
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BY: ; ¡!td/"-! I . ! (/ /~/!~¿, '"')r,;......
City 'Man.ager i
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ATTEST: ~~\ h ....~l
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DATE:
Patrici3 Huhwn, City Secretal y
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CLASSIC TILE and PLASTER
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TITLE:
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ATTEST: f~c \.;~ Ç..~\ q ;:'~(C~ic'
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3.