HomeMy WebLinkAboutO-1993-1920
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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
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ORDINANCE NO. 93- 1 9 2.0
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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:
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'N rman .L. ~a 0 e, .
Mayor
ATTEST:
~~
Sue Lenes,
city Secretary
AP~~
Knox W. ASkins,
City Attorney
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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
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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).
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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
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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
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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)
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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.~
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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. )
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