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HomeMy WebLinkAboutO-1992-1870 e e ORDINANCB NO. 1870 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND PAS-KEY CONSTRUCTION SERVICE, INC., FOR SANITARY SEWER EXTENSIONS; APPROPRIATING $144,775.18 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND 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 $144,775.18 from the Utility Capital Improvement Project Fund #003 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, 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. 1870 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 12th day of October, 1992. CITY OF LA PORTE BY~- ./ ...Roan . a on Mayor ATTEST: (!~~ C er1e Black City Secretary AP~~ Knox W. Askins City Attorney This document has imponant legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND .CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITIEE and Issued and Published loinlly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAL'l SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITl!TE This document has been approved and endorsed by I This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Construction Contract. No. 1910.:s. 1983 edition. Their provisions are interrelated and a chi1I12e in one may necessitate a change in the others. The suggested language for instructions to bidders contained in the Guide to lhe Preparation of Instructions to Bidders. No. 1910-12. 1983 edition. is also carefully interrelated with the language of this Agreement. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents. No. 1910-9. 1981 edition. See also Guide to the Preparation of Supplementary Conditions. No. 1910-17. 1983 edition. EICDC No. 1910-3-A-1 (1983 Edition) -- . . .'01". ". _0_ _~.4 .. . ~-=-. r f 'i~ [ '1 tt TJ f i1 r" 1..~1 I ~ ! .. e e Elcnc STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE ,J-.~'I!- day of '-Il~~ City of La Porte in the THIS AGREEMENT is dated as of the year 19 :f!;); by and between (hereinafter called OWNER) and Pas-Key Construction Services. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR. in consideration of the mutual covenants hereinafter set forth. agree as follows: Article 1. WORK. CONTRACTOR shaH complete all Wor~ as sp~ciiied or indicated i.n lhe. ~~ntract pocuments. The Wor.k is. generally describe~ as follows: SANITARY SEWER MAIN EXTENSIONS The Project for which the Work under the Contract Documents may be the whole or only a part is gene::ally described as follows: ' ' Article 2. ENGINEER. Toe Project has been designed by L~ WILLIAM T. MANNING who is hereinafter called ENGINEER and who is to act as OWNER's representative. assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in L~ connection with completion of the Work in accordance with the Contract Documents. l.' I .~_~ C. ::I "- :II ::I = c: ~ :E ::I ~ ~ ~ lor 11 ~ 'C ~ ,~ L" I ~ Ie.: Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed on or before 19-=---. and compieted and ready for tinal payment in accordance with paragraph 14.13 of the General Conditions on or before . 19.:-....:.... . 3.1. The Work will be substantially completed within qn days from the date when the Contract Time commences lO run as provided in paragraph 2.3 of lhe General Conditions. and complet~d and ready for tinal payment in accordance with paragraph 14.13 of the Genera! Conditions within days from the date when the Contract Time commences to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that lime is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within lhe times specified in paragraph 3.1 above. plus any extensions lhereof allowed in accordance with Artic;:le 12 of lhe General Conditions. They also recognize the delays. expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if lhe Work is not completed on time. Accordingly. instead of requiring any such proof. OWNER and CONTRACTOR agree that as Iiquidat~d.damag'es for delay (but not as a penalty) CONTRACTOR shall pay OWNER ONE HUNDRED DOLLARS doUars ($ 100. 00 ) for e3ch day that expires after the lime specified in paragraph 3.1 for Substantial Completion until the Wprk is ' substantially complete. After Substantial Completion if CONTRACTOR shaH neglect. refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER. CONTRACT_haJI pay OWNER . ONE HUNen nnT.T,]')'RS dollars (5 , 00 . g g ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.1. OWNER shaJl pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: ' [here insert a lump sum. unit prices or both. if necessary attach exhibits and list them in Anicle 8.) [CONTRACTOR's Bid may be attached as an exhibit to avoid lengthy retyping of unit price schedules. formulae for escaJation of prices. information as to alternatives. etc.] Article S. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Anicle 14 of the Genera! Condi- tions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER. on or about the , c:i- day of each month during construction as provided below. AJl progress payments will be on the basis of the progress of lhe Work measured by the schedule of values established in paragraph 2.9 of the Genera! Conditions (and in the case of Unit Price Work based on the number of units completed) or. in the event there is no schedule of values. as provided in the General Requirements. 5.1.1. Prior to Substantial Completion. progress payments will be made in an amount equaJ to the percentage indicated below. but. in each case. less the aggregate of payments previously made and .less such amounts as ENGINEER shall determine. or OWNER may withhold. in accordance with paragraph 14.7 of the General Conditions. _2--% of Work ~ompleted.lfWork has been 50% completed as determined by ENGI- NEER. and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER. OWNER on recommendation of ENGINEER. may determine that as long as the character and progress of the Work remain satisfactory to them. there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work , completed. '...l..a.!L-% of materials and equipment not incorporated in the Work (but delivered. suitably stored and accompanied by documentation satisfactory to OWNER as provided in para- graph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion. in an amount sufficient to increase total payments to CON- TRACTOR to n % of the Contract Price. less such amounts as ENGINEER shail determine. or OWNER may withhold. in accordance with paragraph 14.7 of lhe General Conditions. 5.2. Final Payment. Upon tinal completion and acceptance of the Work in accordance with paragraph 14.13 of the Gehera! Conditions. OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. " Article 6. INTEREST. All moneys Dot paid when due as provided in Article 14 of lhe Genera! Conditions shall bear interest at the"" maximum rate allowed by law at the place of the Project. 2 Article 7. CONTRACTOR'S RtlESENTATIONS. e In order to induce OWNER to enter into this Agreement CONTRACTOR makes lhe following representations: 7.1. CONTRACTOR has familiarized itself with lhe nature and extent of the Contract Documents. Work. site. locality. and aU local conditions and Laws and Regulations that in any manner may affect cost. progress. performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical condilions which are identified in the Supplemenlary Conditions as provided in paragraph 4.2 of the General Conditions. and accepls the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the lechnical dam conlained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibiiity for obtaining and carefully studying) all such examinations. investigations. explorations. tests. reports and studies .lin addition to or to supplement those referred to in paragraph 7.2 abovel which pertain to the subsurface or physical conditions at or contiguous lO lhe site or otherwise may aiTect the cost. progress. performance or furnishing of the Work as CONTRACTOR considers necessary for the" performance or furnishing of lhe Work at the Contract Price. within lhe Contract Time and in accordance wilh the olher lerms and conditions of the Contract Documents. inciuding specifically the provisions of paragraph 4.2 of lhe Genera! Conditions: and no additional examinations. investigations. explorations. tests. reports. studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CON1.=RACTOR has reviewed and checked all informa"tion and dala shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous lO the site and assumes responsibility for the accurate location of said Underground Facililies. No add~tional examina- lions. investigations. explorations. teslS. reports. studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish lhe Work at the Contract Price. wilhin the Conlract Time and in accordance wilh the other terms .and conditions of the Contract Documents. including specifically the provisions of paragraph 4.3 of the GeneraJ Conditions. 7.5. CONTRACTOR has correlated lhe results of all such observations. examinations. investigations. explorations. tests. reports and studies wilh the terms and conditions of lhe Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all coniHcts. errors or discrepancies that he has discovered in lhe Contract Documents and lhe written resolution lhereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: I, 8.1. This Agreement (pages Il0 c; . inclusive). 8.2. Exhibits to this Agreement (pages to . inclusive). 11 8.3. Performance and other Bonds. identified as exhibits 6 pages. BB.PB and consisting of 8.4. Notice of Award. " . . 8.5. General Conditions (pages 1 to 11 . inclusive). 8.6. ~ibX~ Conditions (pages..5C-.L to sc. h inclusive). SPECIAL 3 8.7. Specifications beariae title and consisting of 7 divisions and TECHNICAL SPECIAlaATIONS pages. as listed in lable of contents thereof. 8.8. Drawings. consisting of a cover sheet and sheets numbered each sheet bearing the following genera! litle: t.h~l?ugh inc;Jusive with (Fill in. and. if a set of Drawings is nol attached to each signed counterpart of Agreement. so indicate. in which case OWNER and CONTRACTOR should initial or otherwise appropriately identify ail Drawings. J 8.9. Addenda numbers lO . inclusive. 8.10. CONTRACTOR's Bid (pages to . . inclusive) marked exhibit BS (Attach Bid Fonn only in special circumstances.] 8. 11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages . inclusive). to 8.12. The foHowing which may be delivered or issued after lhe Effective Date of the Agreement and are not attached hereto: AU Written Amendments and other documents amending, modifying, or supple- menting the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the Genera! Conditions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached lO this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in lhis Article 8. The Contract Documents may only be amended. modified or supplemented as provided in paragraphs 3,4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS. 9. I. Terms used in this Agreement which are defined in Article I of the General Conditions wiIJ have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys lhat 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 consent-to an assignment no assignment will release or discharge lhe assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself. its partners. successors. assigns and legal represen- tatives to the olher party hereto. its partners. successors. assigns and legal representatives in respect of all covenants. agreements and obligations contained in the Contract Documents. 4 . Articte 10. OTHER PROVISIONS. ., IN WITNESS WHEREOF. OWNER and CONTRACTOR have signed this Agreement in uiplic:lle. One counterpan each has been delivered to OWNER. CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. ' . This Agreement will be effective on '-17 &-~11'..Juv ~~ OWNER ed:<t Of, ~ P~-ku BY~~ \. ~ By q~ . 19. , I CONTRACTOR ~sJ-7~~rAJ.,~,u~Jer~., ~;Z~ry · /, (CORPO TE ALl rzLO~1ZJZ] Attest ~ Address for giving notices ~tJ. &Jt /lfS a. 9ut.J It 'J1a1~ -llfS- Address for giving nOlices ~~~~, '7 75d "L/ " ~... , .' . -.,.. (If OWNER 'is a public body: 'attach evidence of authority to sign and resolution or olher documents " authorizing execution of Agreement.) License No. Agent for service of process: (If CONTRACTOR is a corporation. attach evi- dence"f authority to sign.) , ", s .... . '. '0'