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HomeMy WebLinkAboutO-1994-1979 . e ORDINANCE NO. 94-1979 AN ORDINANCE APPROVING AND AUTHORIZING AN ANNUAL SERVICE AGREEKENT BETWEEN THE CITY OF LA PORTE AND URETER USA, INC., FOR STREET REHABILITATION; APPROPRIATING NOT TO EXCEED $61,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 10 The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum.not to exceed $61,000.00 from the Street Division General Operation Budget to fund said contract. Section 20 The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further . e ORDINANCE NO. 94- 1979 PAGE 2 ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of April, 1994. CITY OF LA PORTE By:~if~~ orman L. Ma 0 e, Mayor ATTEST: ~.~- L/ Sue Lenes, City Secretary ~~d-J Knox W. Askl.ns, City Attorney I I I I I I I I I I I I I I I I I I I . e SERVICE CONTRACT FOR UNDERSEALING AND LIFTING USING THE URETEK METHOD~ THE STATE OF Texas COUNTY OF Harris Contract No: Ordinance No: This Contract, hereinafter referred to as the "Contract," made and entered into as of the date last specified herein, by and between C i t Y 0 f LaP 0 r t e (hereinafter referred to as "Client"), principally situated in H a r r i s Co U n t y and URETEK USA, Inc. (hereinafter referred to as "Supplier''). The initial addresses for the panies shall be as follows: The City of La Porte P.O. Box 1115 La Portet Texas 77572-1115 (713) 471-9650 URETEK USA, Inc, 9422 Hammerly Houston, Texas 77080 (713) 973-0125 WITNESSETH: WHEREAS, the Client wishes to undertake a program of High Density Polyurethane undersealing and lifting of concrete using THE URETEK METHODe. WHEREAS. the Client desires to secure the perfonnance of these selVices, by highly trained, skilled persons, while utilizing it's own resources in order to reduce the overall cost; and WHEREAS, the Supplier desires to provide such selVices in exchange for the fee hereinafter specified; NOW, THEREFORE, for and in the consideration of the premises and mutual covenants, herein contained, it is agreed as follows: Page 1 of 9 I I I I I I I I I I I I I I I I I I I . e ARTICLE I ~~~ ~ d;J?# Scope of Services The Supplier shall supply all supervision, labor, materials, supplies. insurance, and equipment necessary for the perfonnance of the work. described herein, in accordance with the tenns and provisions herein as set out in Exhibits "A" and uB", attached hereto, incorporated herein by reference and made a part of this Contract for all purposes, ARTICLE II Term of Performance This Contract will extend for a twelve (12) month period beginning upon issuance of a written Notice to Proceed from the Client's Purchasing Agent. The services required shall begin within thiny (30) days after such Notice to Proceed. The Contract may be extended for two additional twelve (12) month periods at the Client's option. ARTICLE III Pavment and Compensation For and in consideration of perfonnance of the services specified under this Contract, Client agrees to pay and the Supplier agrees to accept the fees stated in Exhibil"B", Fee Schedule, incorporated herein by reference and made a part of this Contract for all purposes. Payment is due twenty (20) days after submission of an invoice for services perfonned satisfactorily, The Supplier shall submit to the Dient weekly invoices during the period in which the services are perfonned for which payment is requested. The Client shall pay the invoiced amount within twenty (20) days of submission of an invoice for services performed satisfactorily. ARTICLE IV Termination A. Termination bv Client for Convenience The Dient may tenninate this Contract at any time upon thiny (30) days notice in writing to the Supplier, Upon receipt of such notice, Supplier shall, unless the notice directs otherwise, discontinue all services in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Contract. As soon as practicable after receipt of notice of termination, the Supplier shall submit a statement to the Dient showing in detail the services performed under this Contract to the date oftermination, The Dient agrees to compensate the Supplier for that portion of the prescribed charges for which the services actually performed under this Contract prior to tennination notice. Upon expiration, or tennination, or cancellation of this Contract, the Supplier shall be pennitted ten (10) days within which to remove Supplier-owned material and equipment from the Client's premises. This time period may be extended upon approval by the Dient, Page 20f9 I I I I I I I I I I I I I I I I I I I . e ARTICLE IV (Continued) Termination B. Tennination By Client For Cause The Client may tenninate the Sl1ppiier's perfonnance of selVices under this Contract in the event of default by the Supplier and a failure by the Supplier to cure such defaultlfier receiving notice thereof, as provided in this subsection. Default by the Supplier shall occur if the Supplier fails to obselVe or perfonn any of its duties under this Contract. Should such a default occur, the Client may deliver a written notice to the Supplier describing such default and the proposed date of tennination. Such date may not be sooner than the thinieth (30th) day following receipt of the notice, The Client at its sole option, may extend the proposed date of tennination to a later date. If the Supplier cures such default prior to the proposed date of tennination, then the proposed tennination shall be ineffective. If the Supplier fails to cure such default prior to the proposed date of tennination, then the Client may tenninate the Supplier's perfonnance under this Contract as of such date. 1, The following are hereby defmed as events of default whether occurring independently or severally: a. Failure of the Supplier to perfonn or obselVe any of the other obligations, covenants, agreements, and conditions required to be perfonned or obselVed under this Contract; or b. The dissolution or liquidation of the Supplier, the filing of a voluntary petition or bankruptcy by the Supplier, the adjudication of the Supplier as a Bankrupt; an assignment for the benefit of creditors by the Supplier, the entry into an agreement of composition with its creditors by the Supplier. the approval by a court of competent jurisdiction of any petition or other pleading in any action seeking reorganization, arrangement, adjustment, or composition of or in respect of the Supplier under the Federal Bankruptcy Ace or any similar State or Federal law; or the appointment of a receiver, trustee or other similar official for Supplier or its property, unless within sixty (60) days after such appointment the Supplier causes such appointment to be stayed or discharged, 2, Upon the effective date of tennination as contained in the notice, the Supplier shall, unless the notice directs otherwise, immediately discontinue all selVice in connection with this Contract and shall proceed to cancel promptly all existing orders and subcontracts insofar as such orders or subcontracts are chargeable to this Contract. As soon as practicable after the effective date of the notice of tennination, the Supplier shall submit an invoice showing in detail the selVices perfonned under this Contract to the date of tennination. The Client shall then pay the Supplier for that ponion of the prescribed fees for which selVices were actually perfonned under this Contract and prior to tennination notice. Page 3 of 9 I I I I I I I I I I I I I I I I I I I . e ARTICLE V Indemnification and Insurance A. Indemnification 1. The Supplier covenants that it and all of its agents, servants, employees, subcontractors and independent contractors, will use due care and diligence in all of its or their activities and operations authorized by this Contract. The Supplier hereby agrees to indemnify the Client for all damages to the property of the Client which shall be caused directly or indirectly by any act or omission on the part of the Supplier, its agents, servants, employees, or independent contractors, except to the extent that any such damages to the property, are covered by the proceeds from insurance required to be provided by the Supplier under any provision hereof, or provided by the Client. The Client at its election, shall have the right to participate in any such negotiations or legal proceedings to the extent of its interest therein Client will promptly forward to Supplier every demand, notice, summons or other process received by Client for or pertaining to any claim or legal proceeding contemplated herein, 2. The Client hereby agrees to indemnify the Supplier for au damages relating to utilities, concrete,curbs, sprinkler systems, landscaping, or subsoil conditions. B.lnsurance The Supplier shall carry and maintain throughout the period of this Contract workmen's compensation insurance as required by law, comprehensive general liability insurance, including contractual liability and comprehensive automobile liability insurance with a company or companies satisfactory to the Client. Such coverage shall have minimum limits ofliability ornot less than the following amounts: 1. Comprehensive I!eneralliabilitv insurance including contractual liability: Bodily injury: $500,000 per occurrence Property damage $500,000 per occurrence 2. Comprehensive automobile liability insurance: Bodily injury $500,000 per person $500,000 per occurrence Property damage $500,000 per occurrence The CUent shall be added as an additional insured on all policies required herein. The above- described policy or policies shall contain a provision that the Client win be given not less than ten (10) days written notice in advance of cancellation or modification of such policy or policies, The Supplier shall furnish to the Client a certificate or certificates of insurance evidencing the required coverage, Such certificate or certificates shall be submitted to the office of the Client. Notwithstanding any other provision for lennination herein, this Contract may be immediately canceled by the Client if this insurance should be canceled or modified in a manner inconsistent with this Contract. Page 4 of 9 I I I I I I I I I I I I I I I I I I I . e ARTICLE V (Continued) Indemnification and Insurance 2. Comprehensive automobile liability insurance: (Continued) If any part of the work is sublet, similar insurance shall be provided by or in behalf of the Subcontractor to cover their operations. Evidence of such insurance, satisfactory to the Client, shall be furnished by the Supplier. In the event a Subcontractor is unable to furnish insurance in the limits required under the Contract, the Supplier shall endorse the Subcontractor as an Additional Insured on his policies including Workers' Compensation and Employer's Liability. ARTICLE VI Force Maieure The tenn "force majeure" as used herein means any act of God, strike, lockout, or other industrial disturbance, act of a public enem y, war, blockade, public riOl, lightning, fire, stonn, flood, explosion, and any other cause, whether of the kind specifically enumerated above or otherwise, which is not reasonably within the control of the party claiming suspension, If because of force majeure any party hereto is rendered unable, wholly or in part, to carry out its obligations under this Contract, then such party shall give lO the other party prompt written notice of the force majeure with reasonable full details concerning it Thereupon the obligations of both parties, so far as they are affected by the force majeure, shall be suspended during, but no longer than, the continuance of the force majeure, The affected party shall use all possible diligence to remove the force majeure as quickly as possible, but this obligation shall not be deemed to require the settlement of any strike, lockout, or other labor difficulty contrary to the wishes of the party involved ARTICLE VII Non-Waiver The failure of either party hereto to inc;ist, in anyone or more instances, upon perfonnance of any of the terms, covenants or conditions of this Contract, shall not be construed as a waiver or relinquishment of the future perfonnance of such tenn, covenant or condition by the other party hereto, but the obligation of such party with respect to such future perfonnance shall continue in full force and effect. ARTICLE VII Remedies Cumulative The rights and remedies contained in this Contract shall be exclusive. Page 5 of9 I I I I I I I I I I I I I I I I I I I . e ARTICLE IX Address and Notice Unless otherwise provided in this contract, any notice, communication, request, reply or advice (herein severally and collectively, for convenience, called "notice") herein provided or pennined to be given, made or accepted by any party to the other must be in writing and may be given or be seIVed by depositing the same in the United States mail, postpaid and registered or cenified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party, or by prepaid telegram, when appropriate, addressed to the party to be notified. Notice deposited in the United States mail in the marmer herein above described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of three (3) days after it is so deposited. Notice given in any manner other than that stated herein shall be effective only if and when reCeived by the party to be notified. For the purpose of notice, the addresses to the parties shall, until changed as herein above provided, be as stated in the preamble, page I of 9, of this Contract. Each party shall have the right at any time to change its respective address and each shall have the right to specify as its address any other address, provided that at least ten (10) days wrinen notice is given of such new address to the other party, ARTICLE X Independent Contractor The relationship of the Supplier to the Client, shall be that of an independent contractor, and no principal- agent or employer-employee relationship is created by this Contract., By entering into this Contract with the Client, the Supplier acknowledges that it will, in the perfonnance of its duties under this Contract, be acting as an independent contractor and that no officer, agent or employee of the Supplier will be for any purpose an employee of the Client and that no officer, agent or employee of the Supplieris entitled to any of the benefits and privileges of a Client employee or officer. ARTICLE XI Governing Law This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas ,the laws of the federal government of the United States of America and an rules and regulations of any regulatory body or officer having jurisdiction. This Contract is to be perfonned in the State of Texas ARTICLE XII Severability If any provision of this Contract shall be detennined to be legally invalid or unenforceable, such invalidity or unenforceability shall not affect the whole Contract; but the whole Contract shall be construed as if not containing the provision, and the rights and obligations of the parties shall be construed and enforced accordingly. Page 60f9 I I I I I I I I I I I I I I I I I I I . e ARTICLE XIll ClU)tions The captions at the beginning of each anicle of this Contract are guides and labels to assist in locating and reading such articles, and therefore will be given no effect in construing this Contract and shall not be restrictive of the subject matter of any article, section or part of this Contract ARTICLE XIV Equal Employment Opportunity The Supplier agrees to comply fully with the provisions of the Equal Employment Opportunity Act, incorporated herein by reference and made a part of this Contract for au purposes. ARTICLE XV Successor and Assign This Contract shall bind and benefit the respective parties and their legal successors, and shall not be assignable, in whole orin part, by any party hereto without first obtaining the written consent of the otherpany. Nothing herein shall be construed as creating any personal liability on the pan of any officer or agent of the Client or the Supplier. ARTICLE XVI Amendment or Modification Except as otherwise provided in this Contract, this Contract shall be subject to change, amendment or modification only by the mutual written consent of the parties hereto. ARTICLE XVll Ambilruities In the event of any ambiguity in any of the teons of this Contract, it shall not be construed for or against any pany hereto on the basis that such pany did or did not author the same, ARTICLE XVll Parties in Interest This Contract shall not bestow any rights upon any third pany, but rather, shall bind and benefit the Client and the Supplier only. Page 70f9 - I I I I I I I I I I I I I I I I I I I . e ARTICLE XIX Acc~ptances and Ap,proval Any acceptance or approval by the Client, or its agents or employees shall not constitute nor be deemed to be a release of the responsibility and liability of the Supplier or its employees, agents, subcontractors or suppliers for the accuracy, competency and completeness of any repons, infonnation or other documents prepared or services perfonned pursuant to the tenns and conditions of this Contract. Such acceptance or approval shall not be deemed to be an assumption of such responsibility or liability by the Client or its agents and employees for any defect, error or omission in any repon, infonnation or other documents prepared or services perfonned by the Supplier, its employees, agents, or subcontractors. ARTICLE XX Interest of Public officials The Supplier represents and warrants that no employee or official of the Client is or will be pecuniarily interested or benefited directly or indirectly in this Contract. The Supplier further represents and warrants that it has not offered or given gratuities (in the fonn of entenainment gifts, or otherwise) to any employee or official of the Client with a view toward securing favorable treaunent in the award of this Contract, nor shall it give or offer such gratuities to any employee or official of the Client with a view toward securing favorable treaunent with respect to any future amendments, if any, to this Contract or evaluations of its perfonnance hereunder, ARTICLE XXI Patents The Supplier agrees to indemnify and leave hannless the Client and au Client employees and officers from au suits and actions of every nature and description brought against them or any of them, for or on account of the use of patented appliances and/or products of processes be the Supplier in the execution of this contract. The Supplier shall pay au royalties and charges which are imposed by any pany for use of such patented appliances and/or products of processes. Evidence of such payment or satisfaction shall be submined, upon request of the Client, as a necessary requirement in connection with the final estimate for payment in which such patented appliance and/or products of processes are used. ARTICLE xxn Venue For purpose of this Contract, venue shall be in the County of H a r r i s Texas , in the State of ARTICLE xxm Survival The expressed or implied provisions of this Contract which contemplate or require perfonnance after the tennination or expiration of operations hereunder shall survive such expiration or t~nnination, Page 80f9 I I I I I I I I I I I I I I I I I I I . e ARTICLE XXIV R~resentation The Supplier represents that it and its employees, agents and subcontractors are fully competent and qualified to perfonn all the services required to be perfonned under this Contract. The Supplier further represents that it is experienced in this type of service and that all services to be perfonned hereunder shall be of the highest professional quality. ARTICLE XXV Entire A~reement This Contract contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. IN TESTIMONY OF WHI~rument has been executed by and on behalf of the Supplier on this 6 dayof ' ,19~,andhaSbeenexecutedonbehalfoftheClientand attested by irs Seal this day of 19, (Client) The Ci ty of La Porte (Supplier) URETEK USA, INC. G?~ T. ~ Name of Officer Robert T. Title City Manager bn- Officer Byron G. Beaver Vice President .... ~ ,.':! .~.". ~ .............~ : "- SEAI:./A1"TES1~" .... .r"~ ~/ ~ .~ ./ SEAL /A TTEST J " . . "..... /- , - ....... AJ ~h~) -NOTARY PUBLIC ~LJ NOTARY PUBLIC - " ", . ..... . i . .-~ .::? ~/~, ". "... : .. ~. /" ~. . ......../'''=j:- ,.... " .- _" iii _.'Of' _ .. Page 9 of9 Notice to Proceed: The Supplier shall begin work within thirty (0) days after receipt of work order. All work shall be performed between the hours of 8:00 a.m. 5:00 p.m" Monday through Friday, excluding holidays unless otherwise agreed to by Client and Supplier, I j;.~ Responsibilities of the Client: Ure~~~te~a.2M>>~K~X>>K~~~~~~~~~~~~~~~ 1 j)nce>>xlX~>>::(~JO.IleKorrKo(Xt<<<lXfAilO"Dk~x~~ ~/.I b, Remove all overlays when required. Uretek tx:l. 1 Porte c.x~~~~~~~*~~~}t~H}f.~~M~~~fS~. d. Provide parking control if the work is being carried out on a street with curb side parking. e. Provide traffic control equipment and personnel as required. I f. Provide all clean-up of the area of undersealing and realignment. I I I I I I I I I 1.5 1.6 1.7 I I I I I I 1.8 1.9 . . Exhibit "A" Scope of Services 1.1 Scope of Work: Supplier shall furnish all supervision, labor, materials, equipment, insurance, tools and equipment necessary to complete the undersealing and realignment of concrete using THE URETEK METHOD@. 1.2 Frequency of Work: Work shall be performed on an "as needed" basis at the locations specified in each individual work order issued by the Client or his designated representative. 1.3 Responsibilities of the Supplier: Using the Supplier furnished equipment, Supplier's trained and certified technicians shall inject URETEK 486 high density polyurethane to underseal, fill voids and realign concrete to required elevations. Patents and License: URETEK USA is the exclusive licensee of THE URETEK METHOD@ in the United States, THE URETEK METHOD@ is patented and entitled to protection as a patented process, Warranty: The Supplier warrants URETEK 486 polyurethane for a period of ten (10) years against shrinkage or deterioration, During the warranty period the Supplier shall replace any materials that fail to perform as warranted. General Condition: The Supplier shall not be liable for damages to utilities, concretes curbs. sprinkler systems or landscap- ing. Supplier shall not be liable for subsoil conditions which could cause slab shifting in the future, Material Safety Data Sheet: The Supplier will submit Material Safety Data Sheets (OSHA Form 174), manufacturer's safety data sheets, or such other sheets which contains the same information as the OSHA Form 174. Each sheet submitted should be identified by the Supplier's complete company name and contract number, Addi- tionally, a Material Safety Data Sheet (MSDS) will be kept available on all injection unit trucks. END I I I I 1.1 Fees. I (1). Uretek I I I I I I I I I I I I I I - . . EmIBI~ "B" Fee Schedule 486 polyurethane -------- $5.00 per pound