HomeMy WebLinkAboutO-1992-1845
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ORDINANCE NO.
1845
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND DERK HARMSEN CONSTRUCTION CO., INC., FOR A CITYWIDE
PAVING PROJECT, CITY OF LA PORTE PROJECT #91-4402; APPROPRIATING NOT
TO EXCEED $86,703.90 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 anq in~orporated herein by this reference.
The City Manager is hereby a'uthorized 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
hereby appropriates a sum not to exceed $86,703.90, 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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 8th day of June, 1992.
CITY OF LA PORTE
B~~~~~
ATTEST:
{!/~&eh
Cherie Black, City Secreta
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
in the
THIS AGREEMENT is daled as of the davof
year 19 ~~ by and between ~I'/ a" ~~'" ~c-=i-<:'
(hereinafter called OWNER) and
(hereinafler called CONTRACTOR).
OWNER and CONTRACTOR. in consideration of the mutual covenants hereinafter set fonh: agrc:e as follows:
Article 1. WORK.
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CONTRACTOR shall complete all Work as specified or indicated in the Contract Documenls. The Work is
generally described as follows:
CITY-WIDE PAVING PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a pan is generally
described as follows:
Article 2. ENGINEER.
The Project has been designed by
WILL.IAM T. ~~ING, P.E.
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 wilh the Contract Documents.
Article 3. CONTR."\CT TIME.
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3.1. The Work will be substantially completed on or before . 19_. and
completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on
or before . 19 _,
3.1. The Work will be substantially completed within days from the dale when the Contract
Time commences to run as provided in paragraph 2.3 of the General Conditions. and completed and
ready for final paymenl in accordance with paragraph 14.13 of the General Conditions within
days from the date when the Contract Time commences to run.
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3.2. Liquidaud 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 in paragraph 3.1 above. plus any extensions thereof allowed in accordance with .'\nicle 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 the Work is not compleled on
time. Accordingly. instead of requiring any such proof. OWNER and CONTR.'\CTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER
FIVE HUNDRED DOLLARS dollars ($ 500.00 ) for each day
that expires afler the time specified in par.ll!raph ~. 1 for Substantial Completion until the Work is
substantially complete. Afler Substanlial Completion if CONTR..~CTOR shall neglect. refuse or fail \0
complele Ihe remaining Work wilhin the ConlrdC\ Time or any proper exten~ion thereof granled by
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"()W~I':R. ("()~TRACI (_hall ra~ O\\'NEI{ _ FIVE HUND.DOLLARS
dllllar~ (~ 500.00 . I I'lli' !:;It:h Ja~ Ihat l.':\ril'!:!\ aftcl' thc lime
spc~ifkJ in ral'agraph \ I fill' ~lll11rklilln and n:aJincs, rul' final raymcn\.
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Article 4. CONTRACT PRICE,
4.1, OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documenls in currenl funds a~ follows:
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[here insert a lump sum. unit prices or both. if necessary attach exhibits and lisl Ihem in Anicle
8.]
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(CONTRACTOR's Bid may be attached as an exhibit to avoid'lengthy retyping of unit price
schedules. formulae for escalation of prices. information as to alternatives. etc.]
Article 5. P.~ YMENT PROCEDURES.
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CONTRACTOR shall submit .~pplications for Payment in a&:ordance with Anicle 14 of the General Condi,
tions, Applications for Payment will be processed by E~GINEER as provided in the General Conditions.
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5.1. Progress POYlnenIs, OW~ER 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 1st 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 (and in the case of Unit Price Work based on the number of units completed)
or. in the evenl there is no schedule of values. as provided in the General Requirements.
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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 } 4.7 of the General Conditions,
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% of Work completed, If Work has been 50~ completed as determined by ENG1,
NEER. and if the character and progress of the Work have been satisfactory to OWNER
and ENGINEER. OW~ER 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,
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100 % 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 Subst'tptial Completion. in an amount sufficient to increase total payments to CON-
TR.b,CTOR to 9C of the Contract Price. less such amounts as ENGINEER shall determine.
or OWNER may withhold. in accordance with paragraph 14,7 of the General Conditions.
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5.2. Filial PO,\'Inen1. 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 ENGINEER as provided in said paragraph 14,13.
Article 6. lNTEREST.
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All moneys nO! paid when due as provided in Anick 14 of the General Condilillns shall bear inleresl at the
maximum ralc allowed by law al the place of thc Prnjcc\.
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Artidl' 7. C{)~TR..~CT()R'S REPRESE~TATI()~S,
In orucr 10 inuuL"c OWNER l~l cnh.:r inlU Ihi~ Agrccmcnl CONTRACTOR makc~ Ihc follllwing rcprcscnlalions:
7,1. CONTR..~CTOR has f.amiliarizcd ilsclflA.'ith the:: malure and cXlcnluflhc Conlracl Dlll:Umenls. Work.
sile. locality. and all Illcal conditions ami Laws and Rcgulalions that in any m:mncr may affect cost.
I"rugrcss. perfurmunce or furnishing of the Work,
7.2. CONTR..\CTOR has studied carefully all reports of expJorcuions and,tests of subsurt-ace condilions
and drawings of physil:al conditions which are identified in the Supplcmenlary Conditions as provided in
parc:lgrc:lph 4.2 of the General Conditions. and accepls Ihe determination set forth in parc:lgraph 5C-4,2 of
the Supplemcnlary Condilions of the extenl of the technical dala contained in such repons and drawings
upon which CONTRACTOR is entitled to reply.
7,3. CONTRACTOR has obtained and carefully studied (or assumes responsibility Cor obtaining and
carefully studying) all such examinations. investigations. explorations. tests. repons and studies (in
addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or
physical condilions al or contiguous to Ihe site or otherwise may affect Ihe cost. progress. performance
or furnishing of the Work as CONTRACTOR consider~~ecessary 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 Documenls. including specifically the provisions of paragraph 4.2 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.
7.4. CONTRA,CTOR 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 U~derground Facilities. No addilional 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 perform and furnish the
Work at the Contract Price. within the Contract Time and in accordance with the other terms and
conditions of the Contracl Documents. including specifically the provisions of paragraph 4.3 of the
General Conditions. ,.
7.5. CONTRACTOR has correlated the resuhs of all such observations. examinations. investigations.
explorations. tests. reports and studies with the terms and condilions of the Contract Documents.
7.6. CONTR..\CTOR has given ENGINEER written notice of all confticts. 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 belween OWNER and CONTRACTOR
concerning the Work consist of the following:
8. I. This Agreement (pages 1 to
5 . inclusive),
8.1. Exhibits to this Agreement (pages N/ A to N / A . inclusive).
8.3, Performance and other Bonds. identified as exhibits
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pages.
BB,PB
and consisting of
8.4. Notice of A ward.
8.5. Gener.al Condilion!\ IpHges 3
III 33
. inclusive l.
R.n. ~ CondilillOS (pages SC 1 10
Special
SC 6 . inclusive l.
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Ji\"i:o.iun:o. anJ
TECHNICAL SPECT~TCATTON~
38 pages. as lislc:d in taole of conlenlS thereof,
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X,7, Spet:ific:lliun~ hearing the lilk
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8,8, Drawings. consiloting of a cover sheet and sheets numbered
each sheet bearing the following general title:
1
through
5 . inclusive with
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[Fill in. and. if a set of Drawings is nOI ..II ached to each signed counterpan of Agreement. so
indicate. in which case OWNER and CONTRACTOR should initial or otherwise appropriately
identify all Drawings.]
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8.9, Addenda numbers
to
. inclusive.
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, 8.10. CONTRACTOR's Bid (pages
to
. inclusive) marked exhibit BS
[Attach Bid Form only in special circumstances.]
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8.11. Documentation submilled by CONTRACTOR pri~to Notice of Award (pages
. inclusive),
to
8.12. 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 supple,
menting the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions.
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8.13. 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 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.
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Article 9. MISCELLANEOUS.
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9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
meanings indicated in the General Conditions. .
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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 staled to the contrary in any written consent to an assignment no assignment
will release or discharge Ihe 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 other party hereto. its partners. successors. assigns and legal representatives in respect of
all covenants. agreements and obligations contained in the Contract Documents.
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Article 10. OTHER PROVISIONS.
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IN WITNESS WHEREOF. OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart e:lch 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 J (,X.. h.. e / S- . 19 l' z.. . .
OWNER ~ ~ /~~ CONTRACTOR...D~ ~.o...J ~\..1
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By\..X& T _ By ,~~~_/ ,___
[CORPORATE SEAL)
Attest
Address for giving notices
.Po. ..~X ///6' ..
~~~. 7Y' 7'7571!'-//L5',
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. '." (If OWNER 'is a public body,"'ilttach evidence of
authority to sign and resolution or other documents
" authorizing execution of Agreement.)
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. 60RPORAT~SEALI
All~l . ~Jt
Address for giving notices.
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~.J2M. P /'LI h ~. "7 '15:3 "
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License No. 1./ q O::J... g 2.. - 0
Agent for service of process:
(If CONTRACTOR is a corpor.lt;on. aU:lch evi-
dence ,,( authority to sign.)
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