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HomeMy WebLinkAboutO-1997-2196 . e ORIG~NAL ORDINANCE NO. 97-2196 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND TURNER, COLLIE & BRADEN, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR A PRELIMINARY ENGINEERING DESIGN OF SANITARY SEWER FACILITIES; APPROPRIATING NOT TO EXCEED $18,930.00 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 $18,930.00 from Utility Capital Improvement Fund 003 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, Chapter 551, Texas Government Code; and that this meeting has been e e ORDINANCE NO. 97- 2196 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 September, 1997, By: CITY OF LA PORTE L~~ rman . alone, Mayor ATIEST: e e COPY AGREEMENT FOR SERVICES ~~ 5ep.!~""b-er. This Agreement entered into as ofth~ day Of~1997, by and between Turner Collie & Braden Inc" hereinafter referred to as the "Engineer", and the City of La Porte, Texas, hereinafter referred to as the "Owner". WITNESSETH WHEREAS, the Owner has requested engineering services of the Engineer with respect to the preliminary engineering design for the proposed Sanitary Trunk Main and Li:ft Station Facilities to serve undeveloped areas adjacent to the Weems Tract (hereinafter referred to as the Project), NOW, THEREFORE, Owner and Engineer hereby agree as follows: 1, Emragement of Engineer - Engineer hereby agrees to perform the services required under the' Project's scope of services as set out in Exhibit A, attached hereto and made a part hereof, and to provide Owner with copies of the information, opinions, design calculations, and contract documents associated with such services, 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' oS request, provide written authorization to review Owner's files relative to the Project, which may be in possession of third parties. Engineer agrees to 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 p'rovide access for the Engineer to enter the property and facilities of Owner as necessary for Engineer to perform services required under the Project. ~. e e 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. S, Determination of Fees - The fees for the scope of services as stated in Exhibit A provided by Engineer under this Agreement will be based on a Lump Sum Amount of $18,930, 6, Pavrnent and Fee Schedule - The Engineer will submit a monthly invoice for services rendered, The invoice will be based upon the Engineer's estimate of the proportion of the total services actually completed at the time of the invoice. 7, Terms of Pavrnent - Payment of fees as determined under Paragraph 5 hereinabove shall be due and payable by Owner within thirty (30) days following receipt of Engineer's monthly mvolce, 8. Termination - The Owner may terminate this contract at any time by giving seven (7) days' notice in writing to the Engineer, 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, Provided the Engineer is not at fault, 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 of this Agreement. On termination, all finished or unfinished documents and other materials produced under this contract shall become the Owner's property, 9. Notices - All notices required or permitted hereunder shall be in writing and shall be deemed delivered three (3) days after deposit with the United States Postal Service (certified mail, return receipt requested), addressed to the respective other party at the addresses shown below: ~ ., e e Turner Collie & Braden Inc. p, O. Box 130089 Houston, Texas 77219-0089 Attention: Mr, Min Chu, P.E, City of La Porte, Texas P,O, Box 1115 La Porte, Texas 77572-1115 Attention: Mr~ John Joerns 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, Disoute 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 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 executives 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 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 endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination, ... ~ ""-' e e lfthe matter has not been resolved pursuant to the aforesaid mediation procedure within sLxty days of the commencement of such procedure (which period may be extended by mutual agreement), if either party will not participate in a mediation, or if the parties cannot agree on a mediator, the parties shall pursue amicable termination or arbitration in accordance with section 12, 12, Arbitration 12.1 All claims, counterclaims, disputes and other matters in 'question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs 12.3 and 12.4 below. This Agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph will be specifically enforceable under the prevailing law of any court having jurisdiction, 12.2 Notice of demand for arbitration must be filed in writing with the other parties to this Agreement with the American Arbitration Association. The demand must be made within sixty (60) days time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable starue of limitations, 12.3 All demands for arbitration and all answering statement thereto which include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not more than $200,000 (exclusive of interest and costs) and the arbitrators will not have jurisdiction, power or authority to render a monetary ..J. e e award in response thereto against any party which totals more than $200,000 (exclusive of interest and costs), The arbitrators will not have jurisdiction, power or authority to consider, or make finding (except in denial of their own jurisdiction) concerning any claim, couriterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than $200,000 (exclusive of interest and costs). 12.4 No arbitration arising out of or relating to this Agreement may include, by consolidation, joinder or in any other manner, any person or entity who is not a party to this Agreement, 12,5 By written consent signed by all the parties to this Agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs 12,3 and 12.4 may be waived in whole or in part as to any claim, counterclaim, dispute or other matter specifically described in such consent. No consent to arbitration in respect of a specifically described claim., counterclaim, dispute or other matter in question will constitute consent to arbitrate any other claim, counterclaim, dispute or other matter in question which is not specifically described in such consent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs) or which is with any party not specifically described therein. 12.6 The award rendered by the arbitrators will be final, judgement may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 D.S.C. 10,11). " J " e e ENTERED INTO AND AGREED TO by the parties hereto as of the day and year first written. TURNER COLLIE & BRADEN INC, By: ~ c1L- Min Chu, P ,E, Vice President CITY OF LA PORTE, TEXAS By: G<~~ T, \\-.~ ATTEST: ~~~(l ,f[{jiIlI .-" BUS-DEV\LAPORTE\AGREEMNT.897 "6 e EXHIBIT "A" e TurnerCollie@'Braden Inc. Engineers · Planners · Project Managers P.O. Box 130089 Hou5lon. Texas n:!IQ-0089 3737 Woodwav 7;'037.1399 713 780~100 Fax 713 780.0838 September 4, 1997 Mr. John Joems City of La Porte 604 West Fairmont Parkway p, 0, Box 1115 La Porte, Texas 77572-1115 Attention: Mr, Douglas K, Kneupper, P,E, City Engineer Re: Proposal for Preliminary Engineering Services for a Sanitary Sewer Trunk Main and Lift Station Facilities to Serve Undeveloped Areas Adjacent to the Weems Tract TC&B Job No, 13-01997-999, Task 0009 Gentlemen: Turner Collie & Braden !nc, (TC&B) is pleased to submit this proposal to perform preliminary engineering services relating to the design of a Sanitary Sewer Trunk Main and Lift Station Facilities to serve undeveloped areas adjacent to the Weems Tract and future flow diversion from the former BayMUD area. It is our understanding that the proposed improvements will be designed to satisfy the conditions described below. The facilities location and alignment, tract ownership and lift station designations referred to herein are based on the exhibit entitled "Proposed Sanitary Sewer for New Development", provided by the City of La Porte. 1. The proposed trunk sewer will be tied to the existing 21-inch sanitary sewer adjacent to the L.C,B. Park area, 2. The trunk sewer will be constructed along the boundary of the existing golf course and future \Veems tract alignment. 3, A lift station facility will be constructed along McCabe which will allow the future abandonment of existing 1.S, 12, as well as provide sufficient capacity for future tie-in from L.S, 40, L.S, 40 presently receives flows from the former BayMUD, with discharge to the Gulf Coast Waste Disposal Authority Plant. 4. Existing L.S, 6 and its force main, as well as the downstream discharge sewer, will be analyzed to determine if it can be enlarged to handle the additional flow. It is our understanding that 1.S. 6 is located in the road right-of-way and therefore may require acquisition of property to encompass the improvements. ;: " .~ in\" .~ ~ . , ~ ~.: : co ~ f"! 1~'. i I~. .; ".,. ....: TEXAS -\L'STIi'\ I DALLAS! FORT WORTH.' HOUSTON/RIO GRANDE '. ,~.LLEY COLORADO DENVER . e TurnerCollie@Braden Inc. September 4, 1997 Mr, John Joerns City of La Porte Page 2 5. A gravity sewer will be constructed along McCabe from existing L.S. 12 to the proposed lift station facility, The existing lift station will be abandoned. 6. Existing L,S, 40 will be altered to allow redirection of flows to the new lift station facility to be located on McCabe Street. 7, A force main will be installed to convey flows from L.S. 40 to the new lift station facility, The following scope of services describes the work required to perform the preliminary engineering services in compliance with the above stated conditions, SCOPE OF SERVICES - ...-- A preliminary engineering study will be performed which consists of the following services: · Obtain and review plans of existing facilities as well as the "Comprehensive Wastewater Collection and Treatment Plan" and previous studies performed for the Weems Estate, · Investigate collection system improvement alternatives based on projected land use, flow redirection, and phasing with regards to future growth. · Develop recommendations for improvements to L.S. 6, its force main and downstream discharge sewer. · Recommend location and size of site for the proposed lift station on McCabe. · Prepare a cost estimate for construction of the three alternatives investigated. · Prepare a Preliminary Engineering Report containing discussion of the above described tasks, cost estimates, conclusions and recommendations. Supporting data and exhibits will be included in the report. TIME OF COMPLETION We understand time is of the essence on this project due to the City's current negotiations with developers of an apartment project. The Preliminary Engineering Report will be delivered to the City of La Porte within four weeks following receipt of authorization to proceed. ~~.._. . . Turner Collie (6Braden Inc. September 4, 1997 Mr, John Joems City of La Porte Page 3 BASIS OF COMPENSATION TC&B requests compensation in the lump sum amount of $18,930 to perform the Preliminary Engineering Services described herein, Attachment "A" provides an estimate of hours and labor rates for the various employee categories, as well as non-labor costs needed to complete the work. . We trust you will fmd the terms of this proposal acceptable and we look forward to receipt of your authorization to proceed. Please feel free to call Tony Sartori at (713) 267-2829 or myself at (713) 267-2957 if you have any questions or require additional information. Very truly yours, QNL- elL- MinChu, P.E. Vice President ... ,--~ MC:AGS:lf BUS-DEV\LAPORTE\E.XHIBIT.A ATTACHMENT "A" CITY OF laPORTE, TEXAS PRELIMINARY ENGINEERING SERVICES for SANITARY TRUNK MAIN and LIFT STATION FACILITIES . e Principal Project Elect Slruct. Mech, Engr, I CADD Admin, Subtotal Labor Mgr. Engr, Engr. Engr. Dsgnr. Oprtr. Support ($) ($1 SO) ($110) ($110) ($110) ($85) ($80) ($65) ($50) trASK 1 PREUMINARY ENGINEERING STUDY 8 46 6 6 30 30 60 25 $17,680 NON-LABOR Computer $900 Travel $150 Printing I Miscellaneous $200 SUBTOTAL NON-LABOR $1,250 $1,250 TOTAL 518,930 - --- '. ;:ileNa,ne:N....apqrpqe.1Nc'. ....-.. Tut:'\er C.ollie do 2racen. In:. ......J L_...J ~.......J L.....J I ........:: N.T.S. GALVESTON BAY ..:i ;, "!