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Home My WebLink AboutO-1993-1913 " ~ . e ORDINANCE NO. 93-1913 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND JONES G. FINKE, INC., FOR CONSTRUCTION OF IMPROVEMENTS AT THE LA PORTE MUNICIPAL AIRPORT; APPROPRIATING $1,468,335.54 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 $1,468,335.54 from the Airport Fund 10 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 ratifies, approves and confirms such written notice and the contents and posting thereof. r ~ . . ORDINANCE NO. 93-1913 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 14th day of June, 1993. CITY OF LA PORTE BY~h~ oan L. Ma 0 e Mayor ATTEST: ~~ Sue Lenes City Secretary -- J" I ;_1 I . :~1 iJ I : 'n : _II I 11 J- i ;J I' ! .1 I " I - I J' l ' ! I ] ] ] ] 1 1 -:-a J d . ] 1'\3 \'\ C4'<' . - e CONTRACT BETWEEN SPONSOR AND CONTRACTOR AlP PROJECT NO. 3-48-0127-06-83 STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF This Agreement made this 1:L day of :r ~ . 19.:l.L by and between the City of laPorte, Texas, hereinafter called "SPONSOR., and .:::.t IH,H? < G I 1=; ~ l(p. "I dlJr " . and contractor's executors, administrators, heirs, successors or assigns hereinafter called .CONTRACTOR". WHEREAS, SPONSOR desires to enter Into a contract for airport Improvements as Is more fully described in the Contract Documents In accordance with the provisions of the state statutes, and WHEREAS, the CONTRACTOR has been engaged In and now does such work and represents that . CONTRACTOR Is fully equipped, competent. and capable of perfonnlng the desired and herein outlined work and Is ready and wUllng to perfonn such work In accordance with the Contract Documents, and WHEREAS, SPONSOR and the CONTRACTOR for and In consideration of the mutual covenants set forth, agree as follows: The CONTRACTOR shall furnish all the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work Indicated In the Contract Documents. The Project is generally described as follows: laPorte MunlclDal Alroort ImDrovements. The work Is generally described as follows: 450- and 200-foot Runway 12-30 extensions: Bituminous Surface Course Overtavs of the exlstlna 75- by 3500-foot Runway 12-30 (and oarallel taxiway) and 75- by 300Q-foot Runway 5-23 (and oarallel taxiway): Payement Marklnas: Seedlna: Dralnaae ImDrovements: Runway and TaxiwaY Uahtlna: Uahted Wind Cone and Seamented Circle: Installation of Rotatlna Beacon. ENGINEER The project has been designed by Carter & Burgess, Inc. who is hereinafter called ENGINEER and who Is to act as SPONSOR's representative, assume all duties and responsibilities and haye the rights and authority assigned to ENGINEER In the Contract Documents In connection with completion of the work In accordance with the Contract Documents. " CONTRACT TIME The CONTRACTOR will commence the work required by the Contract Documents on the date Indicated on the Notice to Proceed and will complete the work as noted In the Special Provisions of these Contract Documents unless the period for completion is extended In accordance with the Contract Documents. If the CONTRACTOR does not complete the work within the specified time. the CONTRACTOR agrees to pay as liquidated damages the sum of $500 for each calendar day thereafter untO the work Is completed In accordance with the Contract Documents. CONTRACT PRICE The CONTRACTOR agrees to perfonn all the work described In the Contract Documents for the sum of ,." Contract Page 1 of 4 r I.J. . .. G I IJ .J I 1 I-J I. 'I 1-':' J , I_j ,J 11 .. .lI 1 ] J J '1 J J l J . . $ . or as shown In the proposal. CONTRACT DOCUMENTS The tenn .Contract Documents. means and Includes the following which are Incorporated herein by reference as If fully reproduced: Notice to Bidders Instructions to Bidders Mandatory Contract Provisions Proposal Contract Bonds and Certificates Specifications Part I Part II Part III Part IV Special Provisions Wage, Labor, EEO and Safety Requirements General Provisions Technical Provisions Drawings prepared by Carter & Burgess. Inc., numbered 1 through 15, 01, and E1 through ES, dated May 1993. Specifications prepared or Issued by Carter & Burgess, Inc., dated May 1993. ADDENDA No. / No. L. No. .~ No. No. No. Dated 4'1A if .,,?t5'. /' 7..3 Dated Jv;"'e ~ 1723 Dated -A.-_P. ~ 1~<j.J Dated Dated Dated PAYMENT . The SPONSOR wUI pay the CONTRACTOR In the manner and at such times and In such amounts as required by the Contract Documents. The CONTRACTOR expressly warrants that no third person has been employed to solicit or obtain this contract In CONTRACTOR's behalf, or to cause or procure the same to be obtained upon compensation In any way contingent, In whole or In part, upon such procurement, or In compensation for services In connection therewith, any brokerage commission or percentage upon the amount receivable by CONTPoACTOR hereunder, and that CONTRACTOR has not In estimating the contract price demanded, Induded any sum by reason of any such brokerage, commission or percentage; and that all monies payabte to CONTRACTOR hereunder are free from all obligations of any other person for services rendered, or supposed. to have been rendered, In the procurement of his contract. CONTRACTOR further agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract or for the deduction from any sums due or to become due thereunder an amount equal to any brokerage, commission or percentage so paid or agreed to be paid or both. It Is acknowledged and agreed by the parties hereto that this contract Is the full and complete contract for the construction of ttle work called for and described herein. Contract Page 2 of 4 , ':;., ,. . . . If -I -I . -I, ~ fi , J I n n a !J J -] 1 1 1 J ., . ., e The CONTRACTOR hereby certifies that all franchise taxes are paid and In good standing or that CONTRACTOR Is not subjected to franchise taxes, This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly .authorized officials this agreement In the City of laPorte, Texas each of which shall be deemed an original on the date first written above. SPONSOR ~~T,~ City Manager -, ~cZ;;~J City Attomey Attest: ~ City Secretary d-n ~ (Seal) CONTRACTOR --. 'J ,. By: V )o..J C \,,{j c-L.. Name: -:[)~ u. d ~. D.r.. rl.,;' (1.. . /) 'j Title: ()c..uJ tf- JLb.>-.r-.J... Name of Firm: JcJ...J e.s "7 r..: . 1-11V~e X.uc:... Address: ? o. .6 c)A: G 9 A .~ 4 - ~<?~ v . (,( 7 74.(74.1 Date: '[/1./93 - '-- . .' :i :? ... - ~ : ...~"...., ~ ;. ....."'....O#,o.i' ~ :;. -=, ., ;.~\~. ~.',' Contract Page 3 of 4 J J J 1 ~ '1 --", 1 --=- ] ~ ] ] J ~ -~'i I, I. ] J J 1 1 1 ~ . ". THE STATE OF TEXAS COUNTY OF /J 1I.5 -j i!1 ---. .'/" /1 r '/ Before me, / i 1/, e /7:',...,) e. " I . the undersigned authority, on this day personally appeared jl/1 1./. ({ ( ~ Ba k e ;/ . known to me to be the CONTRACTOR named In this contraCt, and Is the person whose name Is subscribed to the foregoing Instrument and acknowledged to me that he/she has authority to execute and has executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this t:i( " AD. 19 7_/. / - I dayof "OJ q I_V ( . ~,L~" ,., -f., /.:/. ~ /~./L.{I /J';1. "-e,.v Notary Public, State of Texas ;;"//~ e- .ff', _<)e /( (Printed or Typed Name) My Commission Expires /.:2 -/;:1-9:':"1 Contract Page 4 of 4