HomeMy WebLinkAboutO-1999-2351
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ORDINANCE NO. 99- ~3 5' I
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND ESOR CONSULTING
ENGINEERS, INC., TO PROVIDE PROFESSIONAL ENGINEERING
SERVICES FOR FINAL DESIGN AND CONSTRUCTION CONTRACT
DOCUMENTS FOR IMPROVEMENTS TO CANIFF ROAD;
APPROPRIATING NOT TO EXCEED $25,933.00 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. The City Council appropriates the sum not to
exceed $25,933.00 from General Capital Improvement Fund 015 to fund
said contract.
Section 2. The City Council off1cially finds, determines, recites,
and declares that a suff1cient written notice of the date, hour, place and
su bject 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
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ORDINANCE NO. 99-J.351
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; 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 9th day of August, 1999.
By:
ATTEST:
~~'
a Gillett
City Secretary
.~ /I
A3ZaJ~
Knox W. Askins,
City Attorney
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AGREEMENT FOR SERVICES
This Agreement entered into as of the 9th day of August, 1999 A.D., by and
between the City of La Porte, Texas, hereinafter referred to as the "Owner", and ESOR
Consulting Engineers, Inc., hereinafter referred to as the "Engineer".
WITNESSETH
WHEREAS, the Owner has requested various services of the Engineer with
respect to engineering design and preparation of contract documents for the construction
ofImprovements to CaniffRoad (hereinafter referred to as the Project).
NOW, THEREFORE, Owner and Engineer hereby agree as follows:
1. Engagement of Engineer - Engineer hereby agrees to perform the services
required under the scope of services related to the Project, and to provide
Owner with copies of the information, opinions, design calculations and
contract documents made the basis of the scope of the services, which is
set out in Attachment "A" and made a part of this contract. Engineer
agrees to initiate services upon receipt of an executed copy of this
Agreement.
2. Availability of Information - Owner agrees to provide Engineer with all
available information pertinent to the Project. Owner will also provide
copies of reports, drawings, and other data, and will, at Engineer's request,
provide written authorization to review Owner's files relative to the
Project which may be in possession of third parties. Engineer agrees to
Agreement - 1 of 5
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return all original documents to Owner upon completion of the Project, but
reserves the right to make and keep reproducible copies of all such
material.
3. Access to Facilities - Owner will provide access for the Engineer to enter
the property and facilities of Owner, as necessary for Engineer to perform
services as required under the Project.
4. Instruments of Service - All documents prepared in accordance with this
contract including exhibits, field notes, laboratory data, original drawings,
and specifications are the property of the Owner. The Engineer is given
the right to use any of this data in connection with future engineering
projects. The Engineer may retain copies or reproducibles of any
information prepared for this Project.
5. Determination of Fees - The fees for the scope of services as stated in
Attachment "A" provided by Engineer under this agreement will be based
on actual time and materials not to exceed $25,933.
6. Payment and Fee Schedule - The Engineer will submit a monthly invoice
for services rendered. The invoice will be based upon actual time and
materials expended on the project at the time of the invoice. An estimated
breakdown is as follows:
Survey and Preliminary Design:
Final Design and Bidding
Construction Administration
Total
$ 5,668.00
$18,837.00
$ 1,428.00
$25.933.00
Agreement - 2 of 5
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7. Terms of Payment - Payment of fees as determined under Paragraph 5
herein above shall be due and payable by Owner within thirty (30) days
following receipt of Engineer's monthly invoice.
8. Additional Services - Additional services beyond those described in the
Scope of Services will be invoiced on the basis of direct labor cost times a
factor of 2.99 and direct cost plus 10%.
9. Termination - The Owner may terminate this contract at any time by
giving seven (7) days' notice in writing to the Engineer. In that case, all
finished or unfinished documents and other materials produced under this
contract, shall become the Owner's property. If the contract is terminated
by the Owner in accordance with this provision, Engineer shall be paid for
all services performed to the date of termination. Engineer may terminate
this contract upon seven days' written notice in the event of substantial
failure by the Owner to perform in accordance with the terms hereof
through no fault of the Engineer.
10. Governing Law - This Agreement shall be deemed to have been made
under, and shall be construed and interpreted in accordance with the laws
of the State of Texas. The venue of any suit for enforcement or
construction of this contract shall be in Harris County, Texas
11. Dispute Resolution - The parties will attempt in good faith to resolve any
controversy or claim arising out of or relating to this agreement promptly by
negotiation between senior executives of the parties who have authority to
settle the controversy. The disputing party shall give the other party written
Agreement - 3 of 5
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notice of the dispute. Within ten days after receipt of said notice, the
receiving party shall submit to the other a written response. The notice and
response shall include (a) a statement of each party's position and a summary
of the evidence and arguments supporting its position, and (b) the name and
title of the executive who will represent that party. The executive shall meet
at a mutually acceptable time and place within twenty days of the date of the
disputing party's notice and thereafter as often as they reasonably deem
necessary to exchange relevant information and to attempt to resolve the
dispute. If the controversy or claim has not been resolved within thirty days
of the meeting of the senior executives. the parties shall "'ndeavor to settle
the dispute by mediation under the Center for Public Resources Model
Procedure for Mediation of Business Disputes or pursue amicable
termination. If the matter has not been resolved pursuant to the aforesaid
mediation procedure within sixty days of the commencement of such
procedure, (which period may be extended by mutual agreement), or if either
party will not participate in such procedure, the parties shall pursue amicable
termination.
12. Insurance The Engineer shall provide the following minimum limits of
insurance coverage throughout the duration of this project:
1. Worker's Compensation Statutory
2. Employer's Liability $1,000,000
3. General Liability
General Aggregate $500,000
Each Occurrence (Bodily Injury
and Property Damage) $1,000.000
Agreement - 4 of 5
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4. Excess Umbrella Liability
General Aggregate $500,000
5. Automobile Liability $500,000
6. Professional Liability
Each Occurrence $250,000
Aggregate $500,000
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of
the day and year first above written.
OWNER:
ENGINEER:
City of La Porte, Texas
ESOREi!j)~
Presld t
~~Tl~
City Manager
ATTEST
~~.
City ecretary
ATTEST
Ji)(hUJV Vj,;itLt0
Secretary
(SEAL)
Agreement - 5 of 5
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ATTACHMENT "A"
To
Agreement for Services Between the City of La Porte
And
ESOR Consulting Engineers, Inc.
Dated August 9, 1999
DESCRIPTION OF PROJECT
Improvements to Caniff Road consisting of approximately 1700 linear feet of new
concrete roadway with curb and gutter and underground storm sewer.
SCOPE
The scope of engineering services is as follows:
· Perform Topographic Survey to map and determine existing field conditions.
· Utilize existing data provided by the City of La Porte to prepare a Preliminary Design
for the improvements utilizing C.A.D.D. Field verify key locations and
measurements.
· Complete Final Design and prepare construction plans and technical specifications.
Provide two (2) sets of documents for City of La Porte review.
· Prepare contract specifications suitable for bidding.
· Prepare an update of the construction cost based on the final design.
· Furnish five (5) sets of construction documents to the City of La Porte.
CONSTRUCTION ADMINISTRATION PHASE
· Assist the City in obtaining bids for the Project.
· Dispense construction documents from Engineer's office to potential bidders.
· During the bidding process, provide information to and answer questions from
potential bidders concerning the Project's construction documents.
· Evaluate the bids and the qualifications of the apparent low bidder and advise the City
as to the acceptability of the apparent low bidder.
Attachment A-I of 3
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· Act as the City's Project representative during the construction phase.
· Review and respond accordingly to all submittals as required by the contract
specifications.
· Consult and advise the City; issue all instructions to the Contractor requested by the
City; and prepare and issue, as required, change orders with the City's approval.
· Review the contractor's pay estimates, evaluate the completion of work and make
payment recommendations to the City.
· Visit the site at intervals appropriate to the various stages of construction to observe
the progress and quality of executed work and to determine in general if such work is
proceeding in accordance with the Contract Documents. Such site visits are intended
to be periodic in nature and are not intended to be full time site representation.
· Engineer will not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor(s) or the safety precautions and
programs incident to the work of the Contractor(s). Engineer's effort will be directed
toward providing a greater degree of confidence for the City of La Porte that the
completed work of Contractor(s) will conform to the Contract Documents, but
Engineer will not be responsible for the failure of Contractor(s) to perform the work
in accordance with the Contract Documents.
· Conduct a final inspection of the project upon completion of the construction.
Prepare a punch list of items to be completed by the contractor prior to final payment.
Verify that the punch list items have been addressed to the City's satisfaction prior to
final payment.
· Prepare a recommendation for Final Payment.
· Provide as-built drawings based on contractor's redlines.
ADDITIONAL SERVICES
· "Additional Services" shall only be performed when directed by the City to Engineer.
These services are not considered normal or customary engineering services.
· Services resulting from significant changes in the extent of the Project or its design
including but not limited to changes in size, complexity, the City's schedule, or
character of construction or method of financing; and revising previously accepted
studies, reports design documents or Contract Documents when such revisions are
due to causes beyond Engineer's control.
Attaclunent A - 2 of 3
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· Preparing documents for alternate bids requested by the City or documents for out of
sequence work.
· Preparing to serve or serving as a consultant or witness for the City in litigation,
public hearing or other legal or administrative proceeding involving the Project.
· Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work of Contractor(s), (3) prolongation of the construction
contract time, (4) acceleration of the progress schedule involving services beyond
normal working hours and (5) default of contractor.
Engineer will endeavor to apprise the City of any potential additional or extended
services which may result from the above listed 5 items, prior to Engineer's
expenditure of time on such services. As previously noted, any such extended or
additional services shall only be performed when directed by the City to Engineer.
· Additional Services not otherwise provided for in the scope of services.
COMPENSATION
Survey and Desien Services
Engineer will perform the Survey, Preliminary Design, Final Design, Bidding, and
Construction Phase for an amount not to exceed $25,933 based on actual time and
materials.
Additional Services
Additional services beyond those described in the Scope of Services will be invoiced on
the basis of direct labor cost times a factor of 2.99 and direct cost plus 10%.
Payment
Engineer will submit monthly progress invoices for all engineering work completed to
invoice date. The invoices would be based on actual time and materials expended on the
project.
TIME OF COMPLETION
Engineer will complete the Final Design and have documents suitable for bidding within
65 calendar days after receiving authorization to proceed from the Owner.
Attachment A - 3 of 3
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ATTACHMENT "A"
To
Agreement for Services Between the City of La Porte
And
ESOR Consulting Engineers, Inc.
Dated August 9, 1999
DESCRIPTION OF PROJECT
Improvements to Caniff Road consisting of approximately 1700 linear feet of new
concrete roadway with curb and gutter and underground storm sewer.
SCOPE
The scope of engineering services is as follows:
· Perform Topographic Survey to map and determine existing field conditions.
· Utilize existing data provided by the City of La Porte to prepare a Preliminary Design
for the improvements utilizing C.A.D.D. Field verify key locations and
measurements.
· Complete Final Design and prepare construction plans and technical specifications.
Provide two (2) sets of documents for City of La Porte review.
· Prepare contract specifications suitable for bidding.
· Prepare an update of the construction cost based on the final design.
· Furnish five (5) sets of construction documents to the City of La Porte.
CONSTRUCTION ADMINISTRATION PHASE
· Assist the City in obtaining bids for the Project.
· Dispense construction documents from Engineer's office to potential bidders.
· During the bidding process, provide information to and answer questions from
potential bidders concerning the Project's construction documents.
· Evaluate the bids and the qualifications of the apparent low bidder and advise the City
as to the acceptability of the apparet:lt low bidder.
Attaclunent A-I of 3
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· Act as the City's Project representative during the construction phase.
· Review and respond accordingly to all submittals as required by the contract
specifications.
· Consult and advise the City; issue all instructions to the Contractor requested by the
City; and prepare and issue, as required, change orders with the City's approval.
· Review the contractor's pay estimates, evaluate the completion of work and make
payment recommendations to the City.
· Visit the site at intervals appropriate to the various stages of construction to observe
the progress and quality of executed work and to determine in general if such work is
proceeding in accordance with the Contract Documents. Such site visits are intended
to be periodic in nature and are not intended to be full time site representation.
· Engineer will not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor(s) or the safety precautions and
programs incident to the work of the Contractor(s). Engineer's effort will be directed
toward providing a greater degree of confidence for the City of La Porte that the
completed work of Contractor(s) will conform to the Contract Documents', but
Engineer will not be responsible for the failure of Contractor(s) to perform the work
in accordance with the Contract Documents.
· Conduct a final inspection of the project upon completion of the construction.
Prepare a punch list of items to be completed by the contractor prior to final payment.
Verify that the punch list items have been addressed to the City's satisfaction prior to
final payment.
· Prepare a recommendation for Pinal Payment.
· Provide as-built drawings based on contractor's redlines.
ADDITIONAL SERVICES
· "Additional Services" shall only be performed when directed by the City to Engineer.
These services are not considered normal or customary engineering services.
· Services resulting from significant changes in the extent of the Project or its design
including but not limited to changes in size, complexity, the City's schedule, or
character of construction or method of financing; and revising previously accepted
studies, reports design documents or Contract Documents when such revisions are
due to causes beyond Engineer's control.
Attachment A - 2 of 3
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· Preparing documents for alternate bids requested by the City or documents for out of
sequence work.
· Preparing to serve or serving as a consultant or witness for the City in litigation,
public hearing or other legal or administrative proceeding involving the Project.
· Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work of Contractor(s), (3) prolongation of the construction
contract time, (4) acceleration of the progress schedule involving services beyond
normal working hours and (5) default of contractor.
Engineer will endeavor to apprise the City of any potential additional or extended
services which may result from the above listed 5 items, prior to Engineer's
expenditure of time on such services. As previously noted, any such extended or
additional services shall only be performed when directed by the City to Engineer.
· Additional Services not otherwise provided for in the scope of services.
COMPENSATION
Survey and Desien Services
Engineer will perform the Survey, Preliminary Design, Final Design, Bidding, and
Construction Phase for an amount not to exceed $25,933 based on actual time and
materials.
Additional Services
Additional services beyond those described in the Scope of Services will be invoiced on
the basis of direct labor cost times a factor of2.99 and direct cost plus 10%.
Payment
Engineer will submit monthly progress invoices for all engineering work completed to
invoice date. The invoices would be based on actual time and materials expended on the
project.
TIME OF COMPLETION
Engineer will complete the Final Design and have documents suitable for bidding within
65 calendar days after receiving authorization to proceed from the Owner.
Attaclunent A - 3 of 3