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HomeMy WebLinkAbout1998-103ORDINANCE NO 1?d -- /09 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE OR- DER TO THE INTAKE STRUCTURE DREDGING PROJECT, BID NO 1936, AUTHORIZ- ING FINAL PAYMENT TO THE CONTRACTOR AND THE RELEASE OF CLAIMS OF ALL PARTIES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, there has been a dispute between the Contractor, Hydro Pump & Equip- ment, Inc , and the City regarding the final completion of the Intake Structure Dredging Project, Bid No 1936, to uncover a lower intake valve at Lewisville Lake, and WHEREAS, the parties have agreed to settle the matter by the execution of a final de- ductive Change Order, which would reduce the Contract amount by $33,770 00 and provide for a final payment of $20,000 00 to the Contractor, and WHEREAS, the Contractor and Surety claims against the City, and the Contractor has ing that all final bills have been paid, and have executed the Change Order, releasing all executed an Affidavit and Final Release, affirm - WHEREAS, the City deems it in the public interest to authorize the City Manager to exe- cute the attached Change Order to Intake Structure Dredging Project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I• That the City Manager is hereby authorized to execute the Change Order to Intake Structure Dredging Project on Bid No 1936 with the Contractor, Hydro Pump & Equip- ment, Inc, and the Surety, Amwest Surety Insurance Company, Bid No 1936, in substantially the form of the attached Change Order, which is made a part of this ordinance as if written word for word herem SECTION II• That the City Manager is hereby authorized to make the final payment to the Contractor in the amount set forth in the Change Order SECTION III, That this ordinance shall become effective immediately upon its passage and approval ii PASSED AND APPROVED this the M- day of / _/ , 1998 JACI I ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP VVED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY �O p Wwv"eptVAL\0m Docummte\0rdinm=\9ftydm pump chmp adadm Page 2 CHANGE ORDER TO INTAKE STRUCTURE DREDGING PROJECT CHANGE ORDER NO OWNER CONTRACTOR SURETY BID NO CONTRACT DATE One City of Denton, Texas Hydro Pump & Equipment, Inc Amwest Surety Insurance Company 1936 September 17, 1996 WHEREAS, Owner and Contractor executed an Agreement dated September 17, 1996, relating to Bid No 1936 in the amount of $80,495 00, which secured performance by Surety's Bond No 1287270, and WHEREAS, the Agreement provided that Contractor was to dredge 2,000 cubic yards of material from water intake structure and channel and deposit in lake disposal area, and WHEREAS, a dispute has arisen relating to whether or not the terms of the Agreement have been met, and Owner, Contractor, and Surety desire to settle the dispute subject to the pro- visions set forth herein, NOW, THEREFORE, OWNER, CONTRACTOR, AND SURETY (Parties) agree as follows 1 The Parties agree to make the following changes in this Contract Liquidated Damages Total Amount of this Change Order The Original Contract Sum was Net Change by Previously Authorized Change Orders The Contract Sum Prior to this Change Order was The Contract Sum Decreased by this Change Order The New Contract Sum Including this Change Order will be Amount of Previous Payments Made to Contractor under Contract Final Payment Due Contractor Under this Change Order Credit $33,770 Credit $33,770 $80,495 80,495 (33,770) 46,725 (26,725) $20,000 2 Upon the execution of this Change Order by the duly authorized representatives of the Par- ties, Owner agrees to remit a check to the Contractor, Hydro Pump & Equipment, Inc , in the amount of $20,000 00, in full satisfaction of Owner's responsibilities under the Agreement By its signature hereon, the Surety fully consents to this payment to Contractor 3 That the approximately 1,536 cubic yards of material which has been removed from the lake is found to be satisfactory completion of the intake structure dredging project, and Owner waives any claims it may have to additional liquidated damages 4 That the warranty and guaranty provisions of the NCTCOG Standard Specifications for Pub- lic Works Construction, which were incorporated into Bid No 1936, were honored by Con- tractor and Surety for a period of one year from December 10, 1996, which is the agreed upon date of final completion > Contractor and Surety release any and all claims, liens, rights, judgments, demands, or inter- ests they may have now or in the future against Owner for breach of contract or any other le- gal or equitable remedy, including, but not limited to, failure to receive adequate compensa- tion for work performed and all mechanic's and materialman's liens under the Constitution and laws of the State of Texas growing out of Intake Structure Dredging Project Bid No 1936 and this Contract Owner releases Contractor and Surety from and against any and all claims, demands, judgments, or causes of actions that it may have now or in the future in connection with the Intake Structure Dredging Project Bid No 1936, Performance Bond No 1287270 6 All services performed under this Agreement are warranted to be in accordance with the contract documents, including, without limitation, the plans and specifications Contractor and Surety guarantee, in accordance with their respective obligations, that this work will be free from defects in materials and workmanship for a period of one year from the job com- pletion date of December 10, 1996 7 That, prior to Owner's remitting of $20,000 00 to Contractor, Contractor shall provide an af- fidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the work have been paid or otherwise satisfied 8 This Change Order shall extend to and bind the Parties and their successors and assigns 9 To the extent that this Change Order conflicts with terms and provisions of the Agreement between Contractor and Owner, the terms and provisions of this Change Order prevail 10 The unenforceability of any provision of this Change Order shall not affect the validity or enforceability of any other provision hereof 11 This Change Order is not valid until signed by all the Parties By execution hereof, the parties represent that the persons executing this Change Order are fully authorized to bind the respective parties to all the terms and conditions of this Change Order CITY OF DE�NTON (Owner) Approved as to Form By By Ted Benavides, City Manager kHerbertL Prouty, Cit ttomey Date signed by Owner 9QI Page 2 HYDRO PUMP & EQUIPMENT, INC (Contractor) Byre 0 d— Louis Y ich, I resident Date signed by Contractor AMWEST SURETY INSURANCE CO (Surety) Date signed by 1 \\CH LGL\VOLII$HARM\DOPTLOL\Om OmummMToott \98\hydm pump change ordu dm Corporate Secretary/Witness By Corporate Secretary/Witness Page 3 CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE STATE OF TEXAS COUNTY OF RA&R's BEFORE ME, the undersigned authority, on this day personally appeared L J Yelich, known to me to be a credible person and President of Hydro Pump & Equipment, Inc, (hereunder called "Contractor") and who, being duly swom, upon his oath declares and acknowledges as follows I am the duly authorized agent for the said Contractor, which has authorized me to make this affidavit, to enter into the agreements, and to grant the hen waivers herein set forth, on its behalf and as its acts and deeds, and all of the facts and recitations herein are true and correct Pursuant to a Contract Agreement dated September 17, 1996, between the City of Denton (the "Owner") and Hydro Pump & Equipment, Inc , Contractor has supplied materials and/or performed labor in connection with the construction of improvements on the construction project known as Intake Structure Dredging Project, Bid No 1936, upon certain property owned by the City of Denton, Texas and located in Denton County Contractor has requested final payment in the amount of twenty thousand dollars ($20,000 00), which constitutes payment in full for any and all materials supplied and/or labor performed in connection with said Contract In consideration of these premises and the receipt of final payment by Contractor from Owner, the sufficiency of which is hereby acknowledged, Contractor hereby waives and releases any and all liens, rights, and interests (whether choate or inchoate and including, without limitation, all mechanic's and matenalman's hens under the Constitution and statutes of the State of Texas) owned, claimed, or held by Contractor in and to the property and improvements, whether now or hereafter thereon, whether real or personal property, and whether or not affixed or severable from the property or from any other portion of the improvements Contractor has actual knowledge that all bills owed by Contractor to others for materials supplied or labor performed in connection with the improvements have been fully paid and satisfied Contractor does further warrant that should any claim or lien be filed for material supplied or labor performed by virtue of Contractor's participation in the construction of said improvements, Contractor will immediately furnish a bond, pursuant to Tex Prop Code §§53 171-53 174, for release of such lien, and obtain settlement of any such liens and furnish the Owner written full release of such liens Should Contractor be unable to obtain such release, Contractor agrees to save, indemnify, protect, and hold harmless Owner, its officers, directors, shareholders, agents, successors, and assigns against any liability for costs and expenses (including attorney's fees) growing out of or ansing from or suffered by Owner on account of claims made for items herein represented as being paid and discharged and on which demand may hereinafter be made against Owner, its officers, directors, shareholders, agents, successors, and assigns EXECUTED this 7tt day ofa n 1998 HYDRO PUMP & EQUIPMENT, INC By L J Ye •h, * sident SUBSCRIBED AND SWORN TO before me by the said L J Yelich this 7" day of A14- , 1998 to certify which witness my and hand seal of office Notary Public in and for the StAte of Texas \\CH LGL\V0LNhmed\ W\LGL\0w Wcm M\C.n WW\98\hyd. pump at 4.d t &.1.. dw Page 2