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HomeMy WebLinkAboutO-1993-1920 e . ORDINANCE NO. 93- 19:20.. AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND L , A UTILITIES, INC., TO PROVIDE FUTURE WATER AND SANITARY SEWER SERVICE NORTH OF STATE HIGHWAY 225; APPROPRIATING $210,379.25 PLUS A CONTINGENCY OF $10,520.75 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 $210,379.25 plus a contingency of $10,520.75 from the Capital Improvements Fund Account No. 003 to fund said contract. The funds are to be provided $136,000.00 from the 1993 fiscal year budget, and the remaining $84,900.00 from the 1994 fiscal year budget. 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 NO. 93- 1 9 2.0 PAGE 2 ordinance and the subj ect 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. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of August, 1993. CITY OF LA PORTE By: ~~~~ 'N rman .L. ~a 0 e, . Mayor ATTEST: ~~ Sue Lenes, city Secretary AP~~ Knox W. ASkins, City Attorney . e D;"'-':5' F ..vl~~ II 3017 \ AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 23 day of August in the year 19 93 by and between the City of La. Porte, Texas (hereinafter called OWNER) and L. A. Utilities, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK . CONTRACTOR shall complete all Work as specified or indicated i~ the Contract Documents. The Work is generally described as follows: Water and Sanitary Sewer Casings Crossing SH 225 (CLP Project # 9l-670l00 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Approx.i.nately 1,058 Ll" of 1811 Steel Casing, 483 LF of 1611 Steel Casing, 2,383 LF of 1011 Force Main and 1,268 LF of 811 Waterline. Article 2. ENGINEER. The Project has been designed by r'Jn.l~h F.nqinpprinq. Inc. I 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 the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. . Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed within 90 calendar days from the date when the Contract Time commences to run as provided in the General Conditions, and completed and ready for final payment in accordance with the General Conditions within 90 cal. from the date when the Contract Time commences to run. days 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with 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 the 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 1 . e penalty) CON~RAC~OR shall pay OWNER bo hundred (200.00) dollars for each day that expires after the time specified for Substantial Completion until the Work is substantially complete. After Substantial Completion if CON~RAC~OR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRAC~OR shall pay OWNER ~ hundred (200.00) dollars for each day that expires after the time specified above for completion and readiness for final payment. Article 4. CON~RAC~ PRICE. 4.1. OWNER shall pay CONTRAC~OR for completion of the Work in accordance with the Contract Documents in current funds as follows: See attached contract and bid proposal. Article 5. PAYMEN~ PROCEDURES. CON~RAC~OR shall submit Applications for Payment in accordance with the General Conditions. 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 CON~RAC~OR'S Applications for Payment as recommended by ENGINEER, on or about the 25th 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 the General 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 equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts ~s ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. 90% of Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documents satisfactory to OWNER as provided in the General Conditions). 2 I I I I I I I I I I I I I I I I I I I e e \ 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. 5.2. Final Paym~nt. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. OMMITTED Article 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, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and test of subsurface conditions and drawings of physical conditions, and accepts the determination set forth in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all known reports, studies and drawings 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 Documents, and no additional examinations, investigation, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. 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 examinations, 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 perform and furnish 3 . e the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR has correlated the result of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6. 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. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 6 , inclusive). 8.2. Exhibits to this Agreement (pages C - 1/5 to C - 5/5 inclusive). (Contractor's Bid Proposal). 8.3. Performance and other Bonds, identified as exhibits and consisting of pages. 8.4. Notice of Award. 8.5. Specifications and Drawings bearing the title Water ~ Saniblly Sewer Casings @ SH225 and consisting of 7 See. & as listed and included therein. 4 ~its 8.6. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. 8.7. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Art~cle 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated 4 . . \ 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 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 consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. None. (SEE NEXT PAGE) 5 . e \ IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by ONRER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER City of La IUrte AuclUst 23 , 19..2l.... L. A. Utilities, Inc. CONTRACTOR BY BY~~~ T.~ (CO~ORATE ~~] . Attest k... ~ "-,..,------ Address for giving notices 604 W. Fairrront Parkway, P.O. Box IllS La IUrte, Texas 77S72-lllS Address for giving notices ~/}/~ /;pfh,jIJ J.-47Je . f.o, &of ?2.~ . J~f,/J) rk 77l.f 77 If I License No. (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign. ) 6