11-14-16 Regular Meeting of the La Porte City Council

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days after receiving payment from Harris County CSD for amounts previously invoiced for work performed or materials furnished under the Contract. Subcontract payment provisions shall require payments to subcontractors within ten (10) calendar days after the prime Contractor received payment from Harris County CSD. Interest on late payments is subject to the provisions of Texas Government Code, Title 10, Chapter 2251, Vernon's Texas Codes Annotated regarding payments to subcontractors. Under Sec. 2251.023, subcontractors are also required to make payments to their subcontractors no later than the 10th day after the date the subcontractor receives payment from Contractor. Failure to pay subcontractors within 10 days and/or failure to submit appropriate certification of subcontractor payment will be considered in the review of the Contractor's performance of the contract and may result in the withholding of payment to the Contractor. Change Orders La Porte shall ensure that the cumulative increase in the construction contract shall not exceed twenty-five (25) percent of the original construction contract, and the original price of the contract may not be decreased by more than twenty-five (25) percent without the consent of the Contractor pursuant to Section 271.060 of the Texas Local Government Code. La Porte shall approve in writing and submit to the County for review and approval any change orders to the original construction contract, which shall be appropriately reflected in the Schedule of Values and subsequent pay requests. The County reserves the right to approve any change orders. Any extension of time given shall not release the Contractor or the surety from their Performance and Payment Bonds or from any obligations hereunder, which shall remain in full force and effect until the discharge of the Contractor. All change orders shall be verified and signed by La Porte and the County. 7. Inspections During the construction of the Project, the County or its designee, La Porte, and FTA shall have the right to review all documents, maps, plats, records, photographs, reports or plans affecting said construction. La Porte shall, at its sole expense, furnish the necessary inspection personnel to assure itself of compliance with the construction contract. La Porte understands and agrees to inspections performed by the CountyThe County shall have full and final authority in all construction disputes. La Porte agrees to promptly make any corrections or modifications to the construction work as requested by the County to cause the construction to comply with this Agreement and any applicable FTA requirements. 8. Compliance with Public Facilities and Infrastructure Quality Standards La Porte shall maintain documentation evidencing that the Project complies with all applicable Federal, state and local public facilities and infrastructure quality standards. 9. Compliance Violation(s) Provisions La Porte shall ensure that the construction of the Project is conducted pursuant to applicable Federal, state, and local regulations and comply with any and all requirements detailed in the bid specifications, including any and all FTA requirements and any and all County requirements detailed in this Agreement. Page 6 of 58