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HomeMy WebLinkAboutO-2000-2411 e e ORDINANCE NO. 2000- ,,411 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND TRIPLE B SERVICES, INC., FOR WATERLINE REPLACEMENT ON CATLETT LANE AND PARK STREET; APPROPRIATING $217,460.00 PLUS A CONTINGENCY OF $10,000.00, 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 1. 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. City Council appropriates the sum of $217,460.00 plus a contingency of $10,000.00 from the capital Improvement Account No. 003-9890-817-5110 to fund said contract. Section 2. 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, Chapter 551, Texas Government Code; 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 ratifies, approves and confirms such written notice and the contents and posting thereof. e e ORDINANCE NO. 2000- f}.4/1 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of May, 2000. CITY OF LA PORTE By:4~ Mayor ATTEST: ~~t1.j{JJJ1j a ha A. Gillett City Secretary Knox W. Askins City Attorney ~ ~ e CLAUNCH & MILLER, INC. Engineering Consultants May 10, 2000 Mr. Steve Gillette Director of Public Works City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 !~\r@ Ir: 0 W I!I~ ,'I MAY 11200~1, PUBLIC WOR~, " ~ ...._ __J/o.~~.~ Re: Engineering Services for Waterline Improvements on Catlett Lane and Park Drive CMI Job No. 99075 Dear Mr. Gillette: On May 8, 2000 bids were received on the above referenced project at the City Hall of La Porte at 2:00 p.m. Bids were opened and read in public. Four (4) bids were received on the project. All bids were tabulated and reviewed. The following is a summary of our bid evaluation: Bidder Lowest: Second: Third: Fourth: Triple B Construction JRC Construction DEI Construction Services Pas-Key Construction Bid Amount .. $217,460.00 $252,987.00 $294,792.30 $364,187.31 The difference between the low bidder and the second low bidder was $35,527.00-. A copy of the bid tabulation is attached. Triple B Construction Services successfully completed the 1999 waterline project for the City of La Porte. Therefore, Triple B Construction Services appears to be a responsible firm that is capable of performing the specified work in a satisfactory manner. For this reason, we recommend that the City of La Porte award the Waterline Improvements Project to Triple B Construction Services for the amount of$217,460.00. Sincerely, CLAUNCH & MILLER, INC. ~~.'~~2: James E. Thompson, P.E. Senior Project Manager 3701 Kirby Drive, Suite,860. Houston, Texas 77098. (713) 524-7113 BID TABULATION FOR CONSTRUCTION OF CATLETT LANE AND PARK DRIVE WATERLINE REPLACEMENT PROJECT Paskey Construction Services lo:r~[ -TOTAL 1 PRICE AMOUNT DEI Construction. lc:f~[ TOTA[ PRICE AMOUNT JRC Construction ONIT If TOTAL PRICE AMOUNT Trip-Ie B Servlc!! -umt~[ ""'roTAL PRICE AMOUNT .e $135.640.05 ~ S6.229.62 $1.8iiG.2o $3.302.05 55.641.94 5329.00 '$1.861.15 i14.21o:B2 $2.401.48 $1.500_95 51.256.76 58.561.97 $ii38.31 527.773.82 $11.022.64 538.613.20 58.004_00 557.809.64 5960.58 $37.05 556.40 $39.18 $90.01 s66G.41 $449.38 5329.00 51.861.15 51.578.98 $800.37 ""'i3OD.19 i"1.256.76 5951.33 $636.31 $514.33 51,224.76 $7.40 52.00 $7.34 5120.07 5111,680.50 $9.438.00 S4.452.OO 5700.00 "'$3.000:00 "'i5.85Q.Oo S38D.Oii 51.800.00 515.300.00 $920.00 $750.00 51,200.00 $9,900_00 $800.00 529.700.00 $11.250.00 527.655.40 58.004.00 ~ 5326.00 530.50 i33.OO 528.00 i35.Oo $eOiiOo $450.00 $380.00 51:8Oii.OO $1,700.00 ~ 5150.00 i1.2oQ.iiO s;:1Oo:OO "'$8OD.Oo $550.00 51,250.00 $5.30 52.00 $4.40 $41_00 5104.336.50 S2O,02D.OO $3.816.00 ----sii7D.OO $2.3sG.iiO ~ S245.5O 52,900.00 512.600.00 S6iiiI.Oo 5750.00 5225.00 57.056.00 $224.00 519.440.00 S2,07o:Oo 520,672.00 58.004.00 527.566.00 $400.00 526.50 570.00 524.00 $43.50 s47D.OO $380.00 $245.50 52.9iiD.Oo 51,400_00 s:i'5G.OO $150.00 $225.00 5784.00 5224.00 $380.00 $230.00 $4_00 52.00 53.50 550.00 $62,237.00 Si3.871.Oo S7:155.Oii 5580.00 $2.8sD.OO "'S5.2oO:Oo 5150.00 52.900.00 514,175.00 ---seoo:oo $250.00 5850.00 $5,400.00 5300.00 517.550.00 '$1.350:00 $23.461.00 58.004.00 $35.442.00 $400.00 517.00 $48.50 $45.00 529.00 5570.00 $400.00 ~ 52.900.00 51.575.00 5150.00 $50.00 $850.00 $600.00 $300.00 5325.00 5150_00 $4.50 ~ $4_50 $50.00 11 uN,;ICc~_uAN. 3~ 286 159 ~ 5 13 1 -.!-- 9 4 5 1 9 1 54 9 5218 4002 7876 8 I..F. I..F. I..F. I..F. ~ ~ EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. S.F. LF. S.F. S.Y. 1 Install 6. PVC C900 waterline. open cut, aD deiiihs. Ind. fillings 2 Install 8. PVC C900 waterline in auger hole, an deolhs. Ind. fltIings _ ~ I~tall 6. PVC C900 waler1lne. open cut, all depths, Ind. fillings 4 Remove & replace exist. 10" san. swr. wllh 10. PVC C900 pressure PiP8 wlcement sand _ _ 5 8. gate valve & bOx. an depths . 6 6. gate valve & box. aU deplhs --., - 3. gate valve & box. aU deplhs __ 8 -=- T~" !:!!PPi!!i~!!V8 -! ~~ 9 New filii hydrant. all deplhs 10 Remove exist. fire hydrant ~ Remove valve box & bury ~ 8" connection 13 6. connection 14 3. connection 15 Service connection aD sizes. long or shor1 16 6. cut & plug 17 4. conc_ driveway removal & replacement 18 Trench safely system 19 New sidewalk. Ind. removal 01 exist, com~ctIon of subgracle. compaction In exlst.pIpe ZO 20 Remove & rep_lace 6. asphalt pavement DI;.SCRIPTION fITEM]L NO. 5343,888.~6 $3,541_00 $1,273.16 i1.9s9.OO $1.4ii8.OO $2.960.00 $150.00 $3.157.96 S2.571.65 """S898.76 $1,320.82 51.000.00 $35.41 s318.29 $39_16 $7.34 $7.40 $3.00 $1.576.98 Ss14.33 $449.38 $680.41 $20.00 $277,742.30 $3,050_00 $200.00 51.400.00 $680_00 52,120.00 $150.00 $3,400_00 ~ $9iiD.OO 51.200.00 KOQo:iiii $30_50 $50.00 S28.Oo $4.40 $5.30 $3.00 $1,700.00 $550.00 $450.00 $800.00 520_00 52~,~27.~' 52.850.00 5200.00 $1,200.00 $700.00 $1.600.00 $150.00 52,800.00 51.80D.iiii sno:oo S94Q.iiii s;:ooo:oo 526.50 550.00 i24.iiii $3.50 $4.00 S3.ilo 51.400.00 $36iiiiO 5380.00 $470.00 S2D.OO $202,745.00 $1.700.00 5200.00 i2.25MO $900.00 51.800.00 5150.00 $3.150.00 $1.825.00 S8iiil.Oii 51,'i'4O:Oii i1,OoQ.Oii 517.00 $50.00 $45.00 $4.50 $4_50 $3.00 $1.575.00 $325_00 $400.00 5570.00 520.00 TOTAL SID rTEMS 100 4 ~ 200 400 50 .!. 5 2 2 50 ~ EA. i::F. S.F. S.F. S.Y. EA. ~ EA. EA. c:Y. SUPPLEMENTAL rTEMS: Extra 8. PVC C900 waterline in open cui. aD deplhs Extra cut & plug exIs!. water mains. aU sizes Extra 6. PVC C900 waterline In open cut. aD depths Extra removal & replacement 01 sidewalk wlo 12" ear1hwork comf). & compo pipe zone Extra removal & replacement 01 4. conc. drlveway! Extra block sodding Extra fire hydrants Extra service connections Extra 6. gate valve & box Exlra 8" gate valve & bOx Select backfiD. Ind. com~ctIon ~ 22 23 24 ~ 26 27 28 29 30 31 - CMI JOB NO. 99075 5~O,~0,35 5343,886.96 $20,300.35- 5364,1'7.31 517,050.00 5277.742.30 $ 17 ,050.00 5294,792.30 513,960.00 ~~l!27:l)Q , $13,960.00 $2~2J!7 .00 514,715.00 $202.745.00 $14,715.00 5217.460.00 CITY OF LA PORTE, TEXAS TOTAL SUPPLEMENTAL rTEMS TOTAL BID "EMS:I TOTAL SUPPLEMENTAL ITEMS : OTAL AMOUNT SID: MalhemaUcal Enor COne<1ed by EI1llIneer BID DATE:5-8-'lO -, e SPECIFICATIONS AND CONTRACT DOCUMENTS . .. FOR CATLETT LANE AND P AlU( DRIVE WATERLINE REPLACEMENT PROJECT ... . CITY OF LA PORTE, TEXAS APRIL, 2000 CM! JOB NO. 99075 ~ CLAUNCH & Mll..LER, INC. 3701 KIRBY DRIVE, SUITE 860 HOUSTON, TEXAS 77098 (713) 524-7113 - , e e -, I EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between (hereinafter called OWNER) and (hereinafter called CONTRACTOR). Citv of La Porte Triplp R ~PTvi~p~, Tn~_ OWNER aud CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as fonows: ARTICLE 1 - WORK 1.01 CONTRACfOR sba11 complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Catlett Lane and Park Drive Waterline Replacement Project . ; ARTICLE Z - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as fonows: Catlett Lane and Park Drive Waterline Replacement Project ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Claunch & Miller, Inc. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume aU duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in coJJDection with the completion of the Work in accordance with the Contract Documents. 00500-1 ., 1." ~ . ......~..I:_-~ " . e ARl1CLE 4 - CON'I1lACI' TIMES 4.01 TIme of the Essence A. An time limits for Milestones, if any, Substantial Completion, and completion and readiness for filial paymem as stated in the Contract Documents are of the essence of the Contract. 4.02 Dares jor SubstOl'llilll Completion D1Ul FinIlI Payment A. The Work will be substantially completed on or before " and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions OD or before [or} 4.02 Days to Achieve Substtllllial Completion and FUI/Il Payment A. The Work will be substantially completed within ----9..0--. days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within Q 0 days after the date when the Contract Tunes commence to run. 4.03 Liquidated Darnoges A. CONTRACTOR and OWNER. recognize that time is of the essence of this Agreement and .that. OWNER wm suffer financial loss if the Work is not completed within.the times specified in'paRgr.i.ph.4'.02':above~..plus.aoy exfeDsions thereof allowed in accordance with Article 12 of the General.Conditions. . The:parties :alsO :recogrli%e the de1aYs~ expeuse. aDd .. difficultles involved in proving in a legal or arbitration:p'rOceeding.the:actual"lDss'SD(fered by.~.OWNER:if'dle;Wort:is',~::,: ",:.;,; completed on time. ,Accordingly, instead of requiring any suchprOOf~ OWNERaml'CONTRAeTOR;agree'Umt'u11lc(uid8ted' ;" damages for delay (1mt not as a penalty), ~ONTRAcrOR"shall-pa.y.OWNER'$ -.- r 2:c;''O':'llO'':for:each'day that:expires"~; " the time specified in paragraph 4.02 for Substantial Completion until; the! W~k~'lnubSta'ntiii1l, Itomplete. . 'After :SubstamW~'; ,:. ., Completion, if CONTRACTOR shall neglect. refuse, or fail to complete 'the remaining Work within the C~tract Tune' 01' my , , proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ $' 2 5 0 . 00 for each day that expira after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ..._~. - NOTE TO USER 1. Where failure to reoch a Milestone on time is of such consequence that the assessment of liquidated dDmages for foilure to reach one or more Milestones on time is to be provided. appropriate omending or supplementing language should be inserted here. ':~'''. . '- -. . e -- ARTICLE 5 - CONTRACT PRICE - . "'.., J s.ot OWNER sball pay CONTRACTOR for completion of the Work. in accordam:e with the Contract Documents an amount in current funds equal to the sum of the amounts determined punuant to paragraphs S.ot.A, S.01.B, and S.01.C below: A. For all Work other than Unit Price Work, a Lump Sum of: 'T'wn R'1'nnr~n ~~'7An+-Aan "'hnl1~;:ann Fnl1T ($217,460.'0 (figure) (use words) Hundred Sixty Dollars AU specific cash allowances are mc1uded in the above price and have been computed in accordm::e with paragraph "n.02 of the General ConditioDS. B. For an Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estiinated quantity of that item as indicated in this paragraph S.ot.B: UNIT PRICE WORK ~ Ibml !lDit Estimated Ouanti\}' Unit Price Total Estimated .... . ,; ," J':: t .. . .r. i .. -::. '/, , ..; :"'. ':. ", ~ . . . '. . .!.J.~;...:;~...'.:.. '.J "r\ ~. ... . . . ','". .".: ....'!.... I" TOTAL OF ALL UNIT PRICES Two HllnitT~it f;pvpt-ppn Thnnc::",ncf 717, 460lollars) Four Hundred Sixty Dollars (use words) As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinatioDS of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. c. For all Work. at the prices staled in CONTRACTOR's Bid, attached hereto as an exhibit. .< NOTES TO USER 1. If adjustment prices for varialions from stipultzted Base Bid qruwities Iulve been agreed to. insert appropriate provisions. See BF-4. 2. Depending upon the particultU project bid form used. use A-5.0I.A alone. A-5.0I.A and A-5.01.B together. A-5.01.B alone, or A-5.0I.C alone, deleting those not used and renumbering accordingly. If A-5.0I.C is used. CONTRACTOR's Bid is flltached as an exhibit tmd listed in A-9. " . ..- ... - ..-.... --- --..,~ - .-- ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal DIId Processing of Payments A. CONTRAcroR. shall submit App1icatious for Payment in acconIance with Article 14 of the Oeueral CODditioas. ApplicatioDS for Payment will be processed by ENGINEER as provided in the General ConditioDS. 6.02 Progress Payments; RelaiMge A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's ApplicatioDS for Payment on or about the day of each month during performance of the Work as provided in paragraphs 6.02.A.l and 6.02.A.2 below. All such payments will be measured by the schedule of values establislied in paragraph 2.07.A of the General ConditiODS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is DO schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments wUl be made in an IIDOlDlt equal to the percentage in,m.;.afed below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may witbhold, in accordance with paragraph 14.02 of the General CODditious: a. _" of Work completed (with the balance being retaiDage). If the Work bas been. SO" completed as detel1lliDcd by ENGINEER, and if the c:haracter and progress of the Work have been satisfactory to OWNER. and ENGINEER, OWNER, on recommeudation of ENGINBBR, may determine that as long as the cbaracter and progress of the Work remain satisfactory to them. there will be no retaiDage on lICCOUDl of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion wm be in an amount equal to 100" of the Work completed less_ the aggregate of payments previously made; and b. retaiDage). _" of cost of materials and equipment not incorpo~ ,in the Work:(with the,balance beiDg , ' .' I .':'~ .". . ..... .. 2. Upon Sub!ltantial Co~letion, OWNER shall pay an iinounf:sUfficicnt to in.ctease. teStaI payiDei1ts to CONTRACTOR. to _ % of the Work completed, lesSt:SUc;h~iiJi0Unt8''a.s:ENGINBBR'shalI,>cIetermine in a'cCordara:e : ,', with paragraph 14.02.B.S of the General ConditioDS and less _" of ENGiNEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to !be certif'ICate of Substantial Completion. 6.03 Final Payment .."-- . A. Upon final completion and acceptance of the Work in accordanc:e with paragraph 14.07 of the General CoDditiOOl, OWNER shaI1 pay the remainder of the Contract Price as recomJllf!llded by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 -INTEREST 7.01 All moaeys not paid when due as provided in Article 14 of the General COnditiODS shall bear interest at the rate of _" per 1DDUIIl. _____~_~~_~~__ u... ...__L. ..__.. .._., " -- --.---------------.----.--...--------' ~ --.,.. . - - =, - ,. _.,~.....':-~ ;;~!.: :..:= :;.":L;;:;."!.;. :., .:-.h'. .. - ~. .t~~~~~!i!~::.:,~~!~;~~i!!!'::,'~:; ,!::::_ -.. : 1_ .~) .:.~~.:. ..: ... ......---- ~ i; .1_e...~.._:L::~... .1._.. . -J1 - - ARTICLE 8 . CONTRACfOR'S REPRESENTATIONS - - - 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following represemalions: A. CONTRACJ'OR bas e:lrlImined and carefully studied the Contract Documents ami the other relared data identified in the Bidding Documents. B. CONTRACTOR bas visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. . C. CONTRACTOR is familiar with and is satisfied as to all federal, state, ami local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR bas carefully studied all: (1) reports of explorations and tests of subsurface conditioDS at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary ConditiODS as provided in paragraph 4.02 of the General COnditiODS and (2) reports and drawings of a Hazardous Environmental (:ondition, if any, at the Site which bas been ideDtified in the Supplementary Conditions as provided in paragraph 4.06 of the General_Conditions. NOTE TO USER 1. If the reports and/or drawings refen'ed to in A-8.01.D do not exist, eitluJr modify A-8.01.D or delete A-8.01:D tmd renumber accordingly. E. CONTRACTOR bas obtained and carefully studied (or assumes responsibility for baving done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work QI' whi~ relate to any aspect of the means, methods, teclmiques,' sequenc:~s, and procedures of. Construction. to be empl9yed by CONTRACTOR, including applying the specific means. 'methOdS; teclmiques, sequences,' and:procedures of construction, if .- any, expressly required by the Contract DOcuments to be employed by CONTRACTOR:~:and safety,'precautions and. programs! -'. ilicidentthereto Ii:_' .::.. "'. .... . _ . '0 ......., 1" ,. . ". . ..... . . ..,. . . NOTE TO USER 1. 1/ the repons and/or drawings referred to in A-8.01.D do not exist. delete the phrase -additiol'Ull or supplementary" in theftrst sen/ence of A-8.01.E. .. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or' data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditioDS of the Contract Documents. ... G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. ... H. CONTRACTOR bas correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports ami drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACJ'OR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR bas discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ~.:.rl" .''::0 '.~'.lll'"_ :.......;~'.L__."'.. - e e !t ~ -;- --- --= :-I -, ARl1CLE 9 - CONTRACT DOCtJMEN'l'S 9.01 ContBIU A. The Contract Documents consist of the fonowing: 1. This Agreement (pages 1 to 8 . inclusive); 2. perfonnance Bond (pages ---l- to...2.-. inclusive); 3. Payment Bond (pages -1- to -1..... inclusive); 4. Other Bonds (pages _ to _' inclusive); a. (pages _ to _' inclusive); b. (pages _ to _' inclusive); c. (pages _ to _, inclusive); ---- s. General Conditions (pages ~ to ~. inclusive); 6. Supplementary Conditions (pages -L to -1L, inclusive); 7. Specifications as listed in the table of contents of the Project Manual; ._ . .B. '., Drawings Consisting of a cover sheet and sheets IlUIi1bered.'" .- i:.Jbrough~. iDelusive. w.iIh~.sheet:.., :-:-.; :.-bearing.the followiBg:gi:netaltitle: '..,;.:!'~.:.; ,;~:.! : ....;;...;..:::.-.....:.\! ;;'..-:' . - - .. .- .-.._.'~-:'.~'.'. '.' " ,", ," " ". . .' , . . - 9. Addenda (numbers _ to ~. ~~ive);' , . , ' ., . ~ . ~ ,', 10. Exhibits to this Agreement (enumerated as follows): - a. Notice to Proceed (pages _ to _, inclusive); b. CONTRACTOR's Bid (pages _ to _' inclusive); -~ c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to -' inclusive); _. - d. /. 11. '[be fonowing which may be delivered or issued on or after the Bffective Date of the Agreement and are not attacl1ed hereto: - a. Written Amendments; --- b. Work Change Directives; c. Change Order(s). B. above). The documents listed in paragraph 9.01.A are attached to this Agreement (except as expresSly noted otherwise _. C. There are no Contract Documents other than those listed above in this Article 9. ~.. e . .. - D. The Contract DocumeDIs may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. .. ,.. ARTICLE 10 - MISCELLANEOUS - . 10.01 Terms - A. Terms used in this Agreement will have the meanings indicated in the General CODditious. - I lD.02 Amgnmenl of ConIrtICt --- A. No assigmnent by a party hereto of any rights UDder or interests in the Contract 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 (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written cousent to an assignment, no assigmnem will release or discharge the assignor from any duty or respousibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CO~CTOR each binds itself, its partneR, succesSOR, assigns, and legal representatives to the other party hereto, its panDers, successon. assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 SeverabiUty ,', A:.--'" Any provision 'o~ pan of the Contract Documents'Held to be void or uneDfo~~ble UDder any Law OJ' RegUlatidil shall be ..deemed stricken,' Uld all 'remaining provisioilS:- Shali, !'continue to' -be v8lid' aDd: .binding upon :()WNBR.:.'and CONTRACTOR, who a8r'ee'mat the Contract DocumentiiSball:bt;'reformed to replace'suchstricten provision or part1hereof. i:- with a valid an4 enforceable provision that comes as close:as.poisiblc-to:expressiDgthe'intention of the smeken pro.vuion> -. - . 10.0S Other Provisions NOTE TO USER 1. Insert other provisions here if appUcable. - - - . . IN WITNESS WHEREOF. OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. NOTE TO USER 1. See 1-21 and co"elole procedures for formtll and signing between the two documents. This Agreement will be effective on , _ (which is die Effective Dale of the Agreement). OWNER: ByG<~ T. l-\-~ ~. .rco7J;l; SEAL) A ill1J .it Address for giving notices: CONTRACTOR: . By: Trit;l ~SR~' TnC :..f31f/-r , I r I . I I I I I I I I I (,,;"'y n-F T.~ Porte P n 'Rny Rlf\ Huffman,. Texa~. __ 1..7)3& ..... . .." ..-- (If OWNER is a corporation , attach evidence of authority to sign. If OWNER is a public body. attach evidence of authority to sign and resolutiOD or other documents authorizing execution of OWNER-CONTRACTOR Agreement.) License No. ,.,,,. t)~11t)&.J (Where applicable) l~tj~ $1l1J1{, Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Address: Designated Representative: ke 1 J..h ~.. ~f TiUr.:__ p()~ S; &fJr\} Address: 7'-1, JO ~y(JZ,{)O I-N C{..f'f\fhr, W '1'7 3~, l{}l- SZC/- SZ'Lf Z6'I- 1Z'I- I"~a'l Pi101'e: Name: Name: Title: Phone: Facsimile: Facsimile: 00500-8 ---'