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HomeMy WebLinkAboutO-1993-1918 :> . e ORDINANCE NO. 93- 1918 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND H20 SERVICES, INC., FOR CONSTRUCTION OF THE SPENCER HIGHWAY 12 INCH WATER LINE; _ APPROPRIATING $217,449.00 PLUS A CONTINGENCY OF $22,551.00 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 descr ibed 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 $217,449.00 plus a contingency of $22,551.00 from the 1990 Revenue Bond Fund No. 035 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. 93- 1918 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 28th day of June, 1993. CITY OF LA PORTE By: -~. fId-u ~ayor Pro Tern Jerry Clarke ATTEST: ~~ Sue Lenes, City Secretary ~:4)~ Knox W. ASkins, City Attorney ... - .. I - , . . ' , , .--. . " r ,_ ...., . '1 , "I i ~.I rrl 'n. '_!.. !or ""'" ~ -- -- e . dk :30 J , E1CDe STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 8th. davof JULY 93 CITY OF LA PORTE, 'TEXAS in the ~'ear 19 by and between (hereinafter called OWNER; and H20 SERVICES, INC. I hereinafter called CONTRACTORl. OWNER and CONTRACTOR. in consideration of the mutual covenants hereinaiter set fonh. agree as follows: Article 1. WORK CONTRACTOR shali complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: SPENCER HIGIDvAY - 121! HATER LINE EXTENSION The Project for which the WorK under the Contract Documents may be the whole or only a pan is generally described as follows: SPENCER HIGffivAY - 12" ~vATER LINE E.."{TENSION Article 2. ENGINEER. The Project has been designed by H. CARLOS SHITR-ENGINEERS & SURVEYORS, INC. 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 connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTR..\CT TIME. ~~1fl.Jt\~~.1i.odtK.'L~:xxxx}~~~xX},..r;:::~~~~~"{ . :l<~~~~JC~~~~' ~ .~ 3.1. The WorK will be substantially completed within 110 days from the dale when [he Contract Time commences [0 run as provided in paragraph 1.3 of [he General Conditions. and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 120 days from the dale when the Contract Time commences to run. :... .:.c: :r. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize [hat time is of [he essence of [his Agreement and that OWNER will suffer financial loss if the Work is not completed within [he limes specified in paragraph 3.1 above. plus any extensions thereof allowed in accordance with Anicle 12 of the 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 [he Work is not completed on time. Accordingly. instead of requiring any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER FIVE HUNDRED dollars ($ 500. 00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect. refuse or faillo complete the remaining Work within the Contract Time or any proper extension thereof granted by AG -I I FIVE HUNDRe OWNER. CONTR. -CTOR shall pay OWNER dollars IS 500.00 ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness r'or rinal payment. Article 4. CONTRACT PRICE. ~. I. OW~ER shall pay CONTRACTOR for completion or' the Work in accordance with the Contract Documents in current r'unds as follows: TIJO HUNDRED SEVENTEEN THOUSA~~ FOUR HUNDRED FORTY-N~NE DOLLARS ($217 449.00) [here insert a lump sum. unit prices or both. if necessary attach exhibits and lIst them in Anicle AT %NIT PRICES QUOTED IN PROPOSAL ATTACHED. [CONTRACTOR's Bid may be attached as an exhibit to avoid lengthy retyping ot unit price schedules. formulae r'or escalation oj prices. information as to aiternatives. etc. I .. ArticJe 5. PA YMENT PROCEDURES. " CON'fRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Condi- lions. Applications for Payment will be processed by ENGINEER as provided in lhe General Conditions. ... 5.1. ProfJress Pa'yments: OWNER shall make progress payments on account of the Contract Price on the basii8ffONTRACTOR's Appiications for Payment as recommended by ENGINEER. on or about the t . day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions land in lhe case of Unit Price Work based on the number or units completedJ or. in the event there is no schedule of values. as provided in the General Requirements. .- " ----, .3 5.1.1. Prior to Substantial Completion. progress payments will be made in an amount equal 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. i of the General Conditions. 90 % of Work completed. If Work has been 50% completed as determined by ENGI- >-lEER. and if the character and progress of the Work have been satisfactory to OW~ER and ENGINEER. OWNER on recommendation of ENGINEER. may determine that as long as the character and progress of the Work remain satisfactory to them. lhere wiil be no additional retainage on account of Work compieted in which case the remaining progress payments prior [0 Substantial Completion will be in an amount equal to 100% of the Work completed. r....... 'ru, ,,.. o ~ of materials and equipment not incorporated in the Work I but delivered. suitably stored and accompanied by documentation satisfactory lO OWNER as provided in para- graph 14.2 of the General Conditions I. ,~ 5.1.::. upon Substantial Completion. in an amount sufficient to increase total payments to CON- TRACTOR to 100 % of the Contract Price. less such amounts as ENGINEER shall determine. or OWNER may withhold. in accordance with paragraph 14. i of the General Conditions. !:.a 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions. OWNER shall pay the remainder of the Contract Price as recommended by ENGI~EER as provided in said paragraph 14.13. Article 6:.INTEREST. ....... AU moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the piace of the Project. I. AG-2 --_._------...;;~..,- '- . . -... Anicle 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: ... 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents. Work. site. locality. and all local conditions and Laws and Regulations that in any manner may affect cost. progress. periormance or furnishing of the Work. -.... ''iiI 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph .:t.::! of the General Conditions. and accepts the determination set fonh in paragraph 5C-.+.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. ''11 7.3. CONTRACTOR has obtained and carefully studied lor assumes responsibility' for obtaining and carefully studying 1 all such examinations. investigations, explorations. tests. reports and studies I in addition to or to supplement those referred to in paragraph 7.2 above I which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost. progress. performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Docliments. including specifically the provisions of paragraph 4.::! of the General 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. ". ". I ,. ~ ;.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground Facilities. No additional examina- tions. investigations. explorations. tests, reports. studies or similar information or data in respect of said underground Facilities are or will be required by CONTRACTOR in order to periorm and iurnish the Work at the Contract Price. within the Contract Time and in accordance with the other terms .and conditions of the Contract Documents. including specifically the provisions or" paragraph 4.3 of the General Conditions. I . =. T. i .5. CONTRACTOR has correlated the results of all such observations. examinations. investigations. explorations. tests, reports and studies with the terms and conditions of the Contract Documents. ..r. i.6. CONTRACTOR has given ENGINEER written notice of all confliCtS. errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ~ Article 8. CONTRACT DOCUMENTS. a The Contract Documents which comprise the entire agreement between OWNER and CO;.1TRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages I to . 5 . inclusive l. ...l.I NONE 8.2. Exhibits to this Agreement tpages to . inclusive I. .....:.a PB-l to PB-4 8.\ Periormance and other Bonds. identified as exhibits pages. and consisting of ill! 8.4. Notice of Award. 8.5. General Conditions I pages 1 to 33 , inclusive). 8.6. Supplementary Conditions (pages SC-l to SC-7 . inclusive). ~ AG- 3 -. I I . . ~ - - - -- .- --- . ----.r:= . . '--r:= I I I [ ! , . ,. ! ,.. .- - -- - . . TECHNICAL SPECIFICATIONS 42 8.7. Soecifications bearing the title . 9- and consisting of' divisions and pages. as listed in table of contents thereof. through 9 . inclusive with 8.8. Drawings. consisting of a cover sheet and sheets numbered each sheet bearing the fOllowing general title: l~" [.!ATER LINE E.'{TENSION OF SPENCER HIGHHAY [Fill in. and. if a set of Drawings is not attached to each signed counterpan of Agreement. so indicate. in which case OWNER and CONTRACTOR should initial or otherwise appropriately identify all Drawings.] 8.9. Addenda numbers 1 to 2 . inclusive. 8.10. CONTRACTOR.s Bid I pages P-I [0 P-8 . inclusive I marked exhibit PROPOSAL [Attach Bid Fonn oniy in special circumstances.] 8. I I. Documentation submined by CONTRACTOR prior to Notice of A ward I pages NONE [0 . inclusive J. 8. I~. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Wrinen Amendments and other documents amending. modifying. or supple- menting the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Condiuons. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreemen[ (except as expressly noted otherwise aboveJ. There are no Contract Documen[s other than those listed above in this AnicJe 8. The Contract Documents may only be amended. modified or supplemented as provided in paragraphs 3.4 and 3.5 of [he General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in AnicJe I of the General Conditions will have [he meanings indicated in the General Conditions. 9.~. No assignment by a pany hereto of any rights under or interests in [he Contract Documents will be binding on another pany hereto without the wrinen consent of the pany sought [0 be bound: and specifically but without limitation moneys [hat may become due and moneys [hat are due may not be assigned without such consent lexcept to the extent that [he effect of this restriction may be limited by lawl. and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge [he assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself. its panners. successors. assigns and legal represen- [a[ives to the other pany herew. its panners. successors. assigns and legal representauves in respect of all covenants. agreements and obligauons contamed in the Contract Documents. A(;-4 e Article 10. OTHER PROVISIONS. NONE . IN WITNESS WHEREOF. OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpan each has been deiivered to OWNER. CONTRACTOR and ENGINEER. All ponions 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 JULY 8 OWNER CITY OF LA PORTE By G<~ \, \~ [CORPO~ Attest _ L C.fJ S'ec..v-e ~y Address r'or g~.~._ices J . -. ....--. ._~- P. O. BOX 11] 5 LA PORTE, TEXAS 77571 (If OWNER is a public body. attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement,! AG-- , By C. Cr 'g Reinhardt V. President CJ%!l:t~ Attest ,. Asst. Secretary Address for giving notices 22557 Aldine Westfield Suite 102 Spring, Ix 77373 License No. Agent for service of process: C. Craig Reinhardt (If CONTRACTOR is a corporation. attach eVI- dence of authority to sign.) \>k: 35y8/'/'