HomeMy WebLinkAboutO-2002-2602
.
e
ORDINANCE NO. 02-~(PO r
AN ORDINANCE AUTHORIZING AND APPROVING A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND HUITT-
ZOLLARS, INC. FOR DESIGN AND OTHER RELATED COMPONENTS FOR
INSTALLATION OF A PREFABRICATED STEEL PEDESTRIAN BRIDGE OVER
LITTLE CEDAR BAYOU; 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 Acting 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 afflX the seal of the City to all such documents.
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 Govemment 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.
e
e
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 December, 2002.
ATI'EST:
CITY OF LA PORTE
By:
~?-~~?
Norman L. Malone,
Mayor
~d-Iit1fJi
Mar a Gillett,
City Secretary
APPROVED AS TO FOR
~1/,
Knox W. Askins,
City Attorney
e
e
e
e
AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
Design of Foundations
For
Prefabricated Steel Pedestrian Bridge
Harris County Project No. - 2002-105
November, 2002
e
TABLE OF CONTENTS
TABLE OF CONTENTS
IDENTIFICATION OF THE PARTIESIPROJECT DESCRIPTION
SECTION 1 BASIC SERVICES OF Engineer
1.1 General
1.2 Schematic Design Phase
1.3 Design Development Phase
1.4 Construction Documents Phase
1.5 Bidding Phase
1.6 Construction Phase
1.7 Operational Phase
SECTION 2 ADDITIONAL SERVICES OF Engineer
2.1 Services Requiring Authorization
in Advance
2.2 Required Additional Services
SECTION 3 OWNER'S RESPONSIBILITIES
SECTION 4 PERIODS OF SERVICE
SECTION 5 PAYMENTS TO ENGINEER
SECTION 6 CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost
6.2 Opinions of Cost
SECTION 7 GENERAL CONSIDERATIONS
7.1 Termination
7.2 Reuse of Documents
7.3 Insurance
7.4 Controlling Law
7.5 Successors and Assigns
7.6 Dispute Resolution
SECTION 8 SPECIAL PROVISIONS, EXHIBITS, AND SCHEDULES
Exhibit A
FURTHER DESCRIPTION OF Engineer BASIC
SERVICES AND RELATED MATTERS
Exhibit B
DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF
THE RESIDENT PROJECT REPRESENTATIVE.
Exhibit C
PROJECT COMMUNICATION
Exhibit D
INSURANCE
Exhibit E
DESIGN CONCEPT MEMORANDUM
e
Page(s)
1
1
1-1 through 1-8
2-1 through 2-3
3-1 through 3-3
4-1 through 4-3
5-1 through 5-3
6-1 through 6-2
7-1 through 7-3
8-1
A-1 through A-3
B-1 through B-5
C-1 through C-2
0-1
E-1
e
e
AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of Decemh~r 9, ?on2 between the City of La Porte,
Texas (Owner) and the Huitt-Zollars, Inc. (Engineer). Owner intends to design and
construct supports for an Owner-provided 10' by 165' (nominal) single span prefabricated
steel pedestrian bridge spanning Little Cedar Bayou at its intersection with 3rd Street as
described in EXHIBIT liE", attached hereto (hereinafter called the PROJECT).
The .Owner and Engineer agree as set forth below:
e
e
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 GENERAL
1.1.1 Engineer shall provide for Owner professional Engineering/Architectural services in
all phases of the Project to which this Agreement applies as hereinafter provided. These
services will include serving as Owners professional representative for the Project,
providing professional consultation and advice and furnishing customary structural,
mechanical, and electrical engineering services incidental thereto.
1.1.2 The Engineer's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the work. The Engineer shall
submit for the Owner's approval a schedule for the performance of the Engineer's
services, which shall include allowances for periods of time required for the Owner's
review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule approved by the Owner shall not, except for
reasonable cause, be exceeded by the Engineer.
1.1.3 The ENGINEERING/ARCHITECTURAL services consist of those services
performed by the Engineer, Engineer's employees and Engineer's consultants employed
as hereinafter provided.
1.2 SCHEMATIC DESIGN PHASE - OMITTED
1.3 DESIGN DEVELOPMENT PHASE
After written authorization to proceed with the Design Development Phase, Engineer
shall:
1.3.1 In consultation with Owner and based on any adjustments authorized (in writing)
by the Owner in the program schedule or construction budget, the Engineer shall
determine the general scope, extent and character of the Project.
1.3.2 The Engineer shall prepare Design Development documents consisting of final
design criteria, preliminary drawings, outline specifications and written descriptions of the
Project.
1.3.3 Advise Owner if additional data or services of the type described in paragraph 3.4
are necessary and assist Owner in obtaining such data and services.
1.3.4 Based on the information contained in the Design Development documents,
e
e
submit a revised opinion of probable Total Project Costs (as defined in paragraph 1.2.4).
1.3.5 Furnish five copies of the above Design Development documents and present and
review them in person with Owner.
1.3.6 Perform a topographic 'survey of the project area.
1.3.7 Conduct a geotechnical investigation and prepare a geotechnical report.
1.3.8 The duties and responsibilities of Engineer during the Design Development Phase
are amended and supplemented as indicated in paragraph 3 of Exhibit A "Further
Description of Basic Services and Related Matters".
1.4 CONSTRUCTION DOCUMENTS PHASE
After written authorization to proceed with the Final Construction Documents Phase,
Engineer shall:
1.4.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the PROJECT, in the construction budget or in the
total PROJECT budget authorized in writing by the Owner, the Engineer shall prepare, for
approval by the Owner, Construction Documents consisting of Drawings (hereinafter
called Drawings) and Specifications setting forth in detail the requirements for the
construction of the PROJECT by Contractor(s). The specifiC".ations shall be prepared in
C".onformance with the sixteen-division format of the Construction Specifications Institute
1.4.2 See that the Construction Documents include applicable requireme~ts/approvals
of governmental authorities having jurisdiction to approve the design of the project.
Provide technical criteria, written descriptions and design data for Owner's use in filing
applications for permits with or obtaining approvals of such govemmental authorities as
have jurisdiction to approve the design of the Project, and assist Owner in completing
permit application and in consultation with appropriate authorities.
1.4.3 Advise Owner of any adjustments to the latest opinion of probable Total Project
Costs (as defined in paragraph 1.2.4) caused by changes in general scope, extent or
character or design requirements of the Project or Construction Costs. Furnish to Owner
a revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
1.4.4 Prepare for review and approval by Owner, its legal counsel and other advisors
contract agreement forms, general conditions and supplementary conditions, and bid
e
e
forms, invitations to bid and instructions to bidders and other related documents. The
Engineer will initially submit to Owner the Contractor Agreement (in the form of AlA
document A101) and the General Conditions of the Contract (in the form of AlA
document A201) for OWNER'S review, comment, modification, and approval.
1.4.5 Furnish five copies of the above documents (following approval) and of the
Drawings and Specifications and present and review them in person with Owner.
1.4.6 The duties and responsibilities of Engineer during the Construction Documents
Phase are supplemented as indicated in paragraph 4 of Exhibit A "Further Description of
Basic Services and Related Matters".
1.5 BIDDING PHASE
After written authorization to proceed with the Bidding Phase, Engineer shall:
1.5.1 Following the Owner's approval of the Construction Documents and of the latest
preliminary estimate of Construction Cost, the Engineer shall assist Owner in advertising
for and obtaining bids or negotiating proposals for the prime contract for construction,
materials, equipment and services; and, where applicable, distribute Bidding Documents,
maintain a record of prospective bidders to whom Bidding Documents have been issued,
receive non-refundable deposits made out to Engineer for Bidding Documents, and
attend the pre-bid conference.
1.5.2 Issue addenda as appropriate to interpret and/or clarify the Bidding Documents.
1.5.3 Consult with and advise Owner as to the acceptability of subcontractors, suppliers
and other persons and organizations proposed by the prime contractor (herein called
"Contractor") for those portions of the work as to which such acceptability is required by
the Bidding Documents.
1.5.4 Consult with Owner concerning and determine the acceptability of substitute
materials and equipment proposed by Contractor when substitution prior to the award of
contracts is allowed by the Bidding Documents.
1.5.5 Attend the bid opening, prepare bid tabulation sheets and assist Owner in
evaluating bids or proposals and in assembling and awarding the contract(s) for
construction, materials, equipment and services.
1.5.6 The duties and responsibilities of Engineer during the Bidding Phase are amended
and supplemented as indicated in paragraph 5 of Exhibit A "Further Description of Basic
e
e
Services and Related Matters".
1.6 CONSTRUCTION PHASE
After written authorization to proceed with the Construction Phase; Engineer shall:
1.6.1 General Administration of Construction Contract
Engineer shall consult with and advise Owner and act as Owner's representative,
as provided in the Standard General Conditions of the Construction Contract (as
approved by Owner per paragraph 1.4.4).
The extent and limitations of the duties, responsibilities and authority of Engineer
as assigned in said Standard General Conditions shall not be modified, except to the
extent provided in paragraph 6 of Exhibit A "Further Description of Basic Services and
Related Matters" and except as the Engineer may otherwise agree in writing. All of
Owner's instructions to Contractor(s) will be issued through Engineer who will have
authority to act on behalf of Owner to the extent provided in said Standard General
Conditions except as otherwise provided in writing.
1.6.2 VISITS TO SITE AND OBSERVATION OF CONSTRUCTION.
In connection with observation of the work of Contractor(s) while it is in
progress:
1.6.2.1 Engineer shall make visits to the site at intervals appropriate to the various
stages of construction as Engineer deems necessary in order to observe as an
experi~nced and qualified design professional the progress and quality of the various
aspects of Contractor(s)' work. In addition, the Engineer and/or Owner may provide the
services of a Resident Project Representative (and assistants as agreed) at the site to
assist Engineer and to provide more continuous observation of such work. (If Engineer
provides the Resident Project Representative, services will be performed as Additional
Services and compensated in accordance with Paragraph 5.1.2.1). Based on information
obtained during such visits and on such observations, Engineer shall endeavor to
determine in general if such work is proceeding in accordance with the Contract
Documents and Engineer shall keep Owner informed of the progress of the work.
1.6.2.2 The Resident Project Representative (and assistants) may be Engineer's
agent or employee and under Engineer's supervision or may be the Owner's agent or
employee and under OWNERS supervision. The duties and responsibilities of the
Resident Project Representative (and assistants) are set forth in Exhibit B "Duties,
e
e
Responsibilities and Limitation of Authority of Resident Project Representative". Both
parties in writing will mutually agree upon any exceptions or modifications to these
responsibilities and limitations.
1.6.2.3 The purpose of Engineer's visits to and representation by the Resident
Project Representative (and assistant, if any) at the site will be to enable Engineer to
better cany out the duties and responsibilities assigned to and undertaken by Engineer
during the Construction Phase, and, in addition, by exercise of Engineer's efforts as an
experienced and qualified design professional, to provide for Owner a greater degree of
confidence that the completed work of Contractor(s) will conform generally to the Contract
Documents and that the integrity of the design concept as reflected in the Contract
Documents has been implemented and preserved by Contractor(s). On the other hand,
Engineer shall not, during such visits or as a result of such observations of Contractor(s)'
work in progress, supervise, direct or have control over Contractor(s)' work nor shall
Engineer have authority over or responsibility for the means, methods, techniques,
sequences or procedures of construction selected by Contractor(s), for safety precautions
and programs incident to the work of Contractor(s), for safety precautions and programs
incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws,
rules, regulations, ordinances, codes or orders applicable to Contractor(s) fumishing and
performing their work.
1.6.4 INTERPRETATIONS AND CLARIFICATIONS
Engineer shall issue necessary interpretations and clarifications of the Contract
Documents and in connection therewith prepare work directive changes; and after
consultation with owner, prepare change orders as required for owners review and
approval.
1.6.5 SHOP DRAWINGS
Engineer shall review and approve (or take other appropriate action in respect of)
Shop Drawings (as that term is defined in the General Conditions), product data,
sample(s) and other data which Contractor(s) are required to submit, but only for
conformance with the design concept of the Project and compliance with the information
given in the Contract Documents. Such reviews and approvals or other action shall not
extend to means, methods, techniques, sequences or procedures of construction or to
safety precautions and programs incident thereto.
e
e
1.6.6 SUBSTITUTES
Engineer shall evaluate and determine the acceptability of substitute materials and
equipment proposed by Contractor(s), but subject to the provision of paragraph 2.2.2.
(Required Additional Services) All substitutes shall be approved by Owner.
1.6.7 INSPECTIONS AND TESTS
Engineer shall advise Owner and Owner shall approve of any special inspection or
testing of the work, and Engineer shall receive and review all certificates of inspections,
testings and approvals required by laws, rules, regulations, ordinances, codes, orders or
the Contract Documents .(but only to determine generally that their content complies with
the requirements of, and the results certified indicate compliance with the Contract
Documents.)
1.6.8 Disputes between Owner and Contractor
Engineer shall act as initial interpreter of the requirements of the Contract
Documents and judge of the acceptability of the work thereunder and make decisions on
all claims of Owner and Contractor(s) relating to the acceptability of the work or the
interpretation of the requirements of the Contract Documents pertaining to the execution
and progress of the work. Engineer shall not be liable for the results of any such
interpretations or decisions rendered in good faith.
1.6.9 ApPLICATIONS FOR PAYMENT
Based on Engineer's on-site observations as an experienced and qualified design
professional, on information provided by the Resident Project Representative and on
review of applications for payment and the accompanying data and schedules:
1.6.9.1 Engineer shall determine the amounts owing to Contractor(s) and
recommend in writing payments to Contractor(s) in such amounts. Such
recommendations of payment will constitute a representation to Owner, based on such
observations and review, that the work has progressed to the point indicated, and that, to
the best of Engineer's knowledge, information and belief, the quality of such work is
generally in accordance with the Contract Documents (subject to an evaluation of such
work as a functioning whole prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents and to any other qualifications
stated in the recommendation). In the case of unit price work, Engineer's
recommendations of payment will include final determinations of quantities and
classifications of such work (subject to any subsequent adjustments allowed by the
e
e
Contract Documents).
1.6.9.2 By recommending any payment Engineer will not thereby be deemed to
have represented that exhaustive, continuous or detailed reviews or examinations have
been made by Engineer to check the quality or quantity of Contractor(s)' work as it is
furnished and performed beyond the responsibilities specifically assigned to Engineer in
this Agreement and the Contract Documents. Engineer's review of Contractor(s)' work for
the purposes of recommending payments will not impose on Engineer responsibility to
supervise, direct or control such work or for the means, method techniques, sequences,
or procedures of construction or safety precautions or programs incident thereto or
Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders
applicable to their furnishing and performing the work. It will also not impose
responsibility on Engineer to make any examination to ascertain how or for what
purposed any contractor has used the moneys paid on account of the Contract Price, or
to determine that title to any of the work, materials or equipment has passed to Owner
free and clear of any lien, claims, security interests or encumbrances, or that there may
not be other matters at issue between Owner and Contractor that might affect the amount
that should be paid.
1.6.10 CONTRACTOR(S)' COMPLETION DOCUMENTS
Engineer shall receive and review maintenance and operating instructions,
schedules, guarantees, bonds and certificates of inspection, tests and approvals which
are to be assembled by Contractor(s) in accordance with the Contract Documents (but
such review will only be to determine that their content complies with the requirements of,
and in the case of certificates of inspection, test and approvals the results certified
indicate compliance with, the Contract Documents); and shall bind, index and transmit
them to Owner together with written comments.
1.6.11 INSPECTIONS
Engineer shall conduct an inspection to determine if the work is substantially
complete and a final inspection to determine if the completed work is acceptable so that
Engineer may recommend, in writing, final payment to Contractor(s) and may give written
notice to Owner and the Contractor(s) that the work is acceptable (subject to any
conditions therein expressed), but any such recommendation and notice will be subject to
the limitations expressed in paragraph 1.6.9.2.
e
e
1.6.12 LIMITATION OF RESPONSIBILITIES
Engineer shall not be responsible for the acts or omissions of any Contractor, or of
any subcontractor or supplier, or any of the Contractor(s) or subcontractor's or supplier's
agents or employees or any other persons (except Engineer's own employees and
agents) at the site or otherwise furnishing or performing any of the Contractor(s)' work;
however, nothing contained in paragraphs 1.6.1 through 1.6.11 inclusive, shall be
construed to release Engineer from liability for failure to properly perform duties and
responsibilities assumed by Engineer in the Contract Documents.
The duties and responsibilities of the Engineer during the Construction
Phase are amended and supplemented as indicated in Paragraph 6, Exhibit A "Further
Description of Basic Services and Related Matters".
1.7 OPERATIONAL PHASE
During the Operational Phase, Engineer shall:
1.7.1 fumish the deliverable items referred to in Section 1.6.10 and in the Operational
Phase and present and review them in person with Owner.
1.7.2 Define in Contract Documents, the Contractor(s) (and or Vendor(s)) responsibility
in connection with the start up, refining, and adjustment of any equipment or system.
1.7.3 Define in Contract Documents the Contractor(s) (and or Vendor(s)) responsibility
for training owners staff to operate and maintain any equipment or system and for
reviewing pertinent manuals, submittals, shop drawings, and warranties supplied by the
Contractor(s), Vendor(s), or Manufacturer(s) as the case may be.
1.7.4 Coordinate, attend and participate in the start up and training orientations as
described in paragraphs 1.7.2 and 1.7.3.
1.7.5 RECORD DRAWINGS.
Engineer shall furnish the Owner a set of marked up prints, drawings and other
data kept by the Contractor(s), and Project Representative (if employed by the
ENGINEER) in a form and manner that clearly depicts significant changes made during
the construction process.
1.7.6 At a time eleven (11) months following Substantial Completion of the project (one
month prior to expiration of the Contractor's warranty period), the Engineer, in the
tit
e
company of the Owner, will visit the project to observe any apparent deficiencies in the
completed construction, and document any items observed in a written report issued to
the Contractor and Owner.
1.7.7 During the Operational Phase, the Engineer will assist the Owner in consultations
and discussions with Contractor concerning the correction of deficiencies brought to the
Engineer's attention, and when appropriate, review or make written recommendations
regarding replacement or correction of the Work as proposed by the Contractor.
e
e
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1 SERVICES REQUIRING AUTHORIZATION IN ADVANCE
If authorized in writing by Owner, Engineer shall fumish or obtain from others
Additional Services of the types listed in paragraphs 2.1.1 through 2.1.15, inclusive.
These services are not included as part of Basic Services except to the extent provided
otherwise in Exhibit A "Further Description of Basic Services and Related Matters"; these
will be paid for by Owner, as indicated in Section 5.
2.1.1 Preparation of applications and supporting documents (in addition to those
furnished under Basic Services) for private or governmental grants, loans or advances in
connection with the Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effect on the design requirements of the
Project of any such statements and documents prepared by others; and assistance in
obtaining approvals of authorities having jurisdiction over the anticipated environmental
impact of the Project.
2.1.2 Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by Owner.
2.1.3 Services resulting from significant changes in the general scope, extent or
character of the Project or its design including, but not limited to, changes in size,
complexity, Owner's schedule, character of construction or method of financing; and
revising previously accepted studies, reports, design documents or Contract Documents
when such revisions are required by changes in laws, rules, regulations, ordinances,
codes or orders enacted subsequent to the preparation of such studies, reports or
documents, or are due to any other causes beyond Engineer's control.
2.1.4 Providing the services of a Resident Project Representative during the
Construction Phase.
2.1.5 Preparing documents for alternate bids requested by Owner for Contractor(s)' work
which is not executed or documents for out-of-sequence work.
2.1.6 Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during the
course of design; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; assistance in obtaining financing for the
Project; evaluation processes available for licensing and assisting Owner in obtaining
process licensing; detailed quantity surveys of material, equipment and labor; and audits
e
e
or inventories required in connection with construction performed by Owner.
2.1.7 Fumishing services of independent professional associates and consultants for
other than Basic Services (which include, but are not limited to, customary structural,
mechanical and electrical engineering and customary architectural design incidental
thereto); and providing data or services of the types described in paragraph 3.4 when
Owner employs Engineer to provide such data or services in lieu of furnishing the same in
accordance with paragraph 3.4.
2.1.8 If Engineer's compensation is on the basis of a lump sum or percentage of
Construction Cost or cost-plus a fixed fee method of payment, services resulting from the
award of more separate prime contracts for construction, materials, equipment or services
for the Project shall be compensated in accordance with paragraph 5.1.2.
2.1.9 Services during out-of-town travel required of Engineer other than visits to the site
or Owner's office as required by Section 1.
2.1.10 Assistance in connection with bid protests, re-bidding or renegotiating contracts for
construction, materials, equipment or services, except when such assistance is required
to complete services called for in paragraph 6.2.2.5.
2.1.11 Providing any type of property surveys or related professional services needed for
the transfer of interests in real property and field surveys for design purposed and any
necessary surveys and staking to enable Contractor(s) to proceed with their work; and
providing other special field surveys.
2.1.12 Preparation of operating, maintenance and staffing manuals to supplement Basic
Services under paragraph 1.7.3.
2.1.13 Preparation of a set of reproducible record prints of drawings showing those
significant changes made during the construction process, based on the marked up
prints, drawings and other data fumished by Contractor{s) and Resident Project
Representative to Engineer. Prior to preparation of record drawings the Engineer and
Owner will mutually agree on which changes are considered significant.
2.1.14 Preparing to serve or serving as a consultant or witness for Owner in any litigation,
arbitration or other legal or administrative proceeding involving the Project (except for
assistance in consultations which is included as part of Basic Services under paragraphs
1.2.3 and 1.4.2).
2.1.15 Additional services required in connection with the Project, including services
e
e
required which were not fumished by Owner in accordance with Section 3, and services
not otherwise provided for in this Agreement.
2.2 REQUIRED ADDITIONAL SERVICES
When required by the Contract Documents in circumstances beyond Engineer's
control, Engineer shall fumish or obtain from others, as circumstances require during
construction Additional Services of the types listed in paragraphs 2.2.1 through 2.2.6,
inclusive (except to the extent otherwise provided in Exhibit A "Further Description of
Basic Services and Related Matters"). These services are not included as part of Basic
Services. Engineer shall advise Owner promptly of need for required additional services.
If the Owner is in agreement, Owner shall provide authorization to Engineer for such
Additional Services, which will be paid for by Owner as indicated in Section 5.
2.2.1 Services in connection with work directive changes and change orders to reflect
changes requested by Owner if the resulting change in compensation for Basic Services
is not commensurate with the addition services rendered.
2.2.2 Services in making revisions to Drawings and Specifications occasioned by the
Owner's acceptance of substitutions proposed by Contractor(s); and services after the
award of each contract in evaluation and determining the acceptability of an
unreasonable or excessive number of substitutions proposed by Contractor.
2.2.3 Services resulting from significant delays, changes or price increases occurring as
a direct or indirect result of material, equipment or energy shortages.
2.2.4 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 any Contractor, (3) acceleration of the progress schedule involving
services beyond normal working hours, and (4) default by any Contractor. '
2.2.5 Services (other than Basic Services during the Operation Phase) in connection
with any partial utilization of any part ~f the Project by Owner, prior to Substantial
Completion.
2.2.6 Evaluating an unreasonable or extensive number of claims submitted by
Contractor(s) or others in connection with the work.
e
e
SECTION 3 - OWNER'S RESPONSIBILITIES
Owner shall do the following in a timely a manner so as not to delay the services of
Engineer:
3.1 Designate in writing a person to act as Owner's representative with respect to the
services to be rendered under this Agreement. Such person shall have complete
authority to transmit instructions, receive information, interpret and define Owner's
policies and decisions with respect of Engineer's services for the Project.
3.2 Provide all criteria and full information as to Owner's requirements for the Project,
including design objectives and constraints, space,. capacity and performance
requirements, flexibility and expand ability, and any budgetary limitations; and furnish
copies of all design and construction standards which Owner will require to be included in
the Drawings and Specifications.
3.3 Assist Engineer by placing at Engineer's disposal all available information pertinent
to the Project including previous reports and any other data relative to design or
construction of the Project.
3.4 Furnish to Engineer, as required for performance of Engineer's Basic Services
(except to the extent provided otherwise in Exhibit A "Further Description of Basic
Services and Related Matters"), the following:
3.4.1 Data prepared by or services of others, including without limitation; borings,
probings and subsurface explorations, hydrographic surveys, laboratory tests and
inspections of samples. materials and equipment;
3.4.2 appropriate professional interpretations of all of the foregoing;
3.4.3 environmental assessment and impact statements;
3.4.4 property, boundary, easement, and right-of-way, topographic, and utility surveys
and related office computations and drafting;
3.4.5 property descriptions;
3.4.6 zoning, deed and other land use restriction; and
3.4.7 other special data or consultation not covered in Section 2; all of which
Engineer may use and rely upon in performing services under this Agreement.
e
e
3.5 Provide engineering surveys to establish reference points for construction (except
to the extent provided otherwise in Exhibit A "Further Description of Basic Services and
Related Matters") to enable Contractor(s) to proceed with the layout of the work.
3.6 Arrange for access to and make all provisions for Engineer to enter upon public
and private property as required for Engineer to perform services under this Agreement.
3.7 Examine all studies, reports, sketches, Drawings, Specifications, proposals and
other documents presented by Engineer, obtain advice of an attomey, insurance
counselor and other consultants as Owner deems appropriate for such examination and
render in writing decisions pertaining thereto within a reasonable time so as not to delay
the services of Engineer.
3.8 Fumish approvals and permits from all govemmental authorities having jurisdiction
over the project and such approvals and consents from others as may be necessary for
completion of the Project. Engineer will assist the Owner in the preparation of said
permits.
3.9 Provide such accounting, independent cost estimating and insurance counseling
services as may be required for the Project, such legal services as Owner may require or
Engineer may reasonably request with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such auditing service as Owner may
require to ascertain how or for what purpose any Contractor has used the moneys paid
under the construction contract, and such inspection services as Owner may require to
ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code
or order applicable to their furnishings and performing the work.
3.10 If Owner designates a person to represent Owner as the site who is not Engineer
or Engineer's agent or employee, the duties, responsibilities and limitations of authority of
such other person and the effect thereof on the duties and responsibilities of Engineer
and the Resident Project Representative (and any assistants) will be set forth in an exhibit
that is to be identified, attached to and made a part of this Agreement before such
services begin.
3.11 If more than one prime contract is to be awarded for construction, materials,
equipment and services for the entire Project, designate a person or organization to have
authority and responsibility for coordinating the activities among the various prime
contractors.
3.12 Furnish to Engineer data or estimated figures as to Owner's anticipated costs for
services to be provided by others for Owner (such as services pursuant to paragraphs
e
e
3.7 through 3.11, inclusive and other costs of the types referred to in paragraph 1.2.6) so
that Engineer may make the necessary findings to support opinions of probable Total
Project Costs.
3.13 Attend the pre-bid conference, bid opening, pre-construction conferences,
construction progress and other job related meetings and substantial completion
inspections and final payment inspections.
3.14 Give prompt written notice to Engineer whenever Owner observes or otherwise
becomes aware of any development that affects the scope or timing of Engineer's
services, or any defect or nonconformance in the work of any Contractor.
3.15 Furnish, or direct Engineer to provide, Additional Services as stipulated in
paragraph 2.1 of this Agreement or other services as required.
3.16 During the Operational Phase, the Owner will document all warranty items brought
to the Contractor's attention in writing to the Engineer.
3.17 Bear all costs incident to compliance with the requirements of this Section 3.
3.18 During the Construction Phase, provide and pay for the services of a materials
testing laboratory to perform the testing requirements as stated in the technical
specifications.
e
e
SECTION 4 - PERIODS OF SERVICE
4.1 The provisions of this Section 4 and the various rates of compensation for
Engineer's services provided for elsewhere in this Agreement have been agreed to in
anticipation of the orderty and continuous progress of the Project through completion of
the Construction Phase. Engineer's obligation to render services hereunder will extend
for a period, which may reasonably be required for the design, award of contracts,
construction and initial operation of the Project including extra work and required
extensions thereto. If in Exhibit A "Further Description of Basic Services and Related
Matters" specific periods of time for rendering services are set forth or specific dates by
which services are to be completed are provided and if such dates are exceeded through
no fault of Engineer, all rates, measures and amounts of compensation provided herein
shall be subject to equitable adjustment.
4.2 Omitted.
4.3 Upon written authorization from Owner, Engineer shall proceed with the
performance of the services called for in the Design Development Phase, and shall
submit preliminary design documents and a revised opinion of probable Total Project
Costs within the stipulated period indicated in paragraph 3 of Exhibit A "Further
Description of Basic Services and Related Matters".
4.4 After acceptance by Owner of the Design Development Phase documents,
indicating any specific modifications or changes in the general scope, extent or character.
of the Project desired by Owner, and upon written authorization from Owner, Engineer
shall proceed with the performance of the services called for in the Construction
Documents Phase; and shall deliver Contract Documents and a revised opinion of
probable Total Project Costs for all work of Contractor(s) on the Project within the
stipulated period indicated in paragraph 4 of Exhibit A "Further Description of Basic
Services and Related Matters".
4.5 Engineer's services under the Design Development and Construction Documents
shall each be considered complete at the eartier of (1) the date when the submissions for
that phase have been accepted by Owner or (2) thirty days after the date when such
submissions are delivered to Owner for final acceptance, plus in each case such
additional time as may be required for obtaining approval of governmental authorities
having jurisdiction to approve the design of the Project.
4.6 After acceptance by Owner of the Engineer's Drawings, Specifications and
Construction Documents Phase documentation including the most recent opinion of
probable Total Project Cost and upon written authorization to proceed, Engineer shall
e
e
proceed with performance of the services called for in the Bidding or Negotiating Phase.
This Phase shall terminate and the services to be rendered thereunder shall be
considered complete upon commencement of the Construction Phase or upon cessation
of negotiations with prospective Contractor(s) except as may otherwise be required to
complete their services called for in paragraph 6.2.2.5).
4.7 The Construction Phase will commence with the execution of the prime contract to
be executed for the work of the Project or any part thereof, and will terminate the date of
the final inspection. Construction Phase services may be rendered at different times in
respect of separate prime contracts if the Project involves more than one prime contract.
4.8 The Operational Phase will commence during the Construction Phase and will
terminate one year after the date of Substantial Completion of the prime contract for
construction, materials and equipment on which substantial completion is achieved.
4.9 If Owner has requested significant modifications or changes in the general scope,
extent or character of the Project, the time of performance of Engineer's services shall be
adjusted equitably.
4.10 If Owner fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, or if the Construction
Phase has not commenced within 180 calendar days (plus such additional time as may
be required to complete the services called for under paragraph 6.2.2.5) after completion
of the Final Design Phase, Engineer may, after giving seven days written notice to Owner,
suspend services under this Agreement.
4.11 If Engineer's services for design or during construction of the Project are delayed
or suspended in whole or in part by Owner for more than three months for reasons
beyond Engineer's control, Engineer shall on written demand to Owner (but without
termination of this Agreement) be paid as provided in paragraph 4.1.1. If such delay or
suspension extends for more than one year for reasons beyond Engineer's control, or if
Engineer for any reason is required to render Construction Phase services in respect of
any prime contract for construction, materials or equipment more than 60 days after
Substantial Completion is achieved under that contract, the various rates of
compensation provided for elsewhere in this Agreement may be subject to equitable
adjustment.
4.12 In the event that the work designed or specified by Engineer is decided to be
fumished or performed under more than one prime contract, the Engineer will be
compensated in accordance with paragraph 5.1.2.
e
e
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Omitted.
5.1.1 For Basic Services. Owner shall pay Engineer for Basic Services rendered under
Section 1 (as amended and supplemented by Exhibit A "Further Description of Basic
Services and Related Matters") as follows:
5.1.1.1 A lump sum in the amount of nineteen thousand six hundred dollars ($
19,600.00). Progress payments for Basic Services in each phase shall total the following
percentages of the total basic compensation payable:
Design Development Phase .
Construction Documents Phase
Bidding Phase
Construction Phase
Operational Phase
(30%)
(45%)
(05%)
(15%)
(05%)
$ 5,880.00
$ 8,820.00
$ 980.00
$ 2,940.00
$ 980.00
Total Compensation for Basic Services 9; 19,60000
5.1.1.2 Should the Engineer's Preliminary Construction Cost Estimate or the lowest
bona fide proposal or bid amount exceed the amount in section 5.1 as available for
construction, the Engineer may be required at the discretion of the Owner to amend the
design to bring the construction cost estimate or bid amount within the amount specified
without additional cost to the Owner. .
5.1.1.3 If the work is not carried on after Construction Document Phase and
drawings, specifications and Construction Documents are completed and approved, the
Owner will pay the Engineer through the Construction Documents Phase in accordance
with Section 5.1.1 above; or, if the bids have been received, the Owner will pay the
Engineer eighty percent (80%) of the fee as specified in Section 5.1.1.1.
5.1.1.4 The ENGINEER'S responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the Contract for
Construction and terminates sixty (60) days after a) the actual date of Substantial
Completion. Services provided after this date shall be considered Additional Services with
the compensation due in accordance with Subparagraph 5.1.2 of this Agreement and
shall require OWNER'S written authorization.
5.1.2 For Additional Services. Owner shall pay Engineer for Additional Services
rendered under Section 2 as follows:
e
e
On an hour1y basis, using Standard Office Billing Rates and Categories
identified in paragraph 5.5 of this Agreement.
5.1.2.1 Resident Project Services. For Services of Engineer's Resident Project
Representative (and assistants) furnished under paragraph 1.6.2.1., compensation shall
be computed as follows:
On an hour1y basis, using Standard Office Billing Rates and Categories
identified in paragraph 5.5 of this Agreement.
5.1.2.2 Professional Associates and Consultants. For services and Reimbursable
Expenses of independent professional associates and consultants employed by Engineer
to render Additional Services pursuant to paragraph 2.1 or 2.2, the amount billed to
Engineer therefor times a factor of 1.10.
5.1.3 For Reimbursable Expenses. In addition to payments provided for in
paragraphs 5.1.1 and 5.1.2, Owner shall pay Engineer the actual costs of all
Reimbursable Expenses incurred in connection with all Basic and Additional Services.
5.1.4 The term "Reimbursable Expenses" has the meaning assigned in
paragraph 5.4.
5.2 TIMES OF PAYMENTS.
5.2.1 Engineer shall submit monthly statement for Basic and Additional Services
rendered and for Reimbursable Expenses incurred. The statements will be based upon
Engineer's estimate of the proportion of the total services actually completed at the time
of billing. Owner shall make prompt monthly payments in response to Engineer's monthly
statements.
5.3 OTHER PROVISIONS CONCERNING PAYMENTS.
5.3.1 Invoices for basic and additional services shall be mailed on or before the first (1st)
of the month and shall be payable on or before the fifteenth (15th) of the month.
5.4. Reimbursable Expenses are in addition to compensation for Basic and Additional
Services and include expenses incurred by the Engineer and Engineer's employees and
consultants in the interest of the Project, as identified in the following clauses.
5.4.1 Expenses in connection with authorized out-of-town travel; long-distance
e
e
communications; and fees paid for securing approval of authorities having jurisdiction
over the Project. Expenses for automobile travel during the performance of basic
services shall be considered incidental. For private automobile travel beyond
performance of basic services mileage will be reimbursed at $0.365/mile.
5.4.2 Expense of reproductions, postage and handling of Drawings, Specifications and
other documents, photographic materials and developing expense, long-distance phone
calls, and faxes.
5.4.3 If authorized in advance by the Owner, expense of overtime work requiring higher
than regular rates.
5.4.4 Expense of renderings, models and mock-ups requested by the Owner.
5.4.5 Expense of additional insurance coverage or limits, including professional liability
insurance, requested by the Owner in excess of that normally carried by the Engineer and
Engineer's consultants.
5.5 The following table of Standard Office Billing Rates shall be in effect where
applicable under paragraph 5.1.2 and 5.1.2.1 of this Agreement:
Principal
Professional Engineer
Engineer In Training
Resident Project Representative
CAD Operator/drafter
Clerical
$ 170.00 per hour
$ 151.00 per hour
$ 88.00 per hour
$ 79.00 per hour
$ 65.00 per hour
$ 61.00 .per hour
If requested by Owner, the Engineer will submit a list of employees, their
appropriate title and billing rates prior to authorization of services that will be
compensated by the Standard Office Billing Rates in paragraph 5.5.
e
e
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 CONSTRUCTION COST
The construction cost of the entire Project (herein referred to as "Construction
Cost") means the total cost to Owner of those portions of the entire Project designed and
specified by Engineer, but it will not include Engineer's compensation and expenses, the
cost of land, rights-of-way, or compensation for or damages to properties, nor will it
include Owner's legal, accounting, insurance counseling or auditing services, or interest
and financing charges incurred in connection with the Project or the cost of other services
to be provided by others to Owner pursuant to paragraphs 3.7 through 3.11, inclusive.
(Construction Cost is one of the items comprising Total project Costs which is defined in
paragraph 1.2.4.)
6.2 OPINIONS OF COST
6.2.1 Since the Engineer has no control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor(s)' methods of determining prices, or
over competitive bidding or market conditions, Engineer's best judgment as an
experienced and qualified professional, familiar with the construction industry; but
Engineer cannot and does not guarantee that proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of probable cost prepared by Engineer. If
prior to the Bidding or Negotiating Phase Owner wishes greater assurance as to Total
Project or Construction Costs, Owner shall employ an independent cost estimator as
provided in paragraph 3.9.
6.2.2 If a Construction Cost limit is established by written agreement between Owner
and Engineer and specifically set forth in this Agreement as a condition thereto, the
following will apply:
6.2.2.1 The acceptance by Owner at any time during the Basic Services of a
revised opinion of probable Total Project or Construction Costs in excess of the then
established cost limit will constitute a corresponding revision in the Construction Cost limit
to the extent indicated in such revised opinion.
6.2.2.2 Any Construction Cost limit so established will include a contingency of four
percent (4%) unless another amount is agreed upon in writing.
6.2.2.3 Engineer will be permitted to determine what types of materials, equipment
and component systems are to be included in the Drawings and Specifications and to
make reasonable adjustments in the general scope, extent and character of the Project to
e
e
bring it within the cost limit.
6.2.2.4 If the Bidding or Negotiating Phase has not commenced within six months
after completion of the Final Design Phase, the established Construction Cost limit will not
be binding on Engineer, and Owner shall consent to an adjustment in such cost limit
commensurate with any applicable change in the general level of prices in the
construction industry between the date of completion of the Final Design Phase and the
date on which proposals or bids are sought.
6.2.2.5 If the lowest bona fide proposal or bid exceeds the established Construction
Cost limit, Owner shall (1) give written approval to increase such cost limit, (2) authorize
negotiating or re-bidding the Project within sixty (60) days, or (3) cooperate in revising the
Project's general scope, extent or character to the extent consistent with the Project's
requirements and with sound engineering/architectural practices. In the case of (3),
Engineer shall modify the Contract Documents as necessary to bring the Construction
Cost within the cost limit. No compensation will be made for services in making such
modifications per paragraph 5 1 1 2 The providing of such service will be the limit of
Engineer's responsibility in this regard and, having done so, Engineer shall be entitled to
payment for services in accordance with this Agreement and will not otherwise be liable
for damages attributable to the lowest bona fide proposal or bid exceeding the
established Construction Cost.
e
e
SECTION 7 - GENERAL CONSIDERATION
7.1 TERMINATION.
This Agreement may be terminated by either party upon thirty (30) days prior
written notice to the other party in the event of substantial failure by the other party to fulfill
its obligations under this Agreement through no fault of the terminating party.
7.2 REUSE OF DOCUMENTS.
All documents including Drawings and Specifications prepared or furnished by
Engineer (and Engineer's independent professional associates and consultants) pursuant
to this Agreement are instruments of service in respect of the Project. The ownership and
property interest therein shall be granted to the Owner when the Project is completed.
Engineer shall supply a set of reproducible record drawings for the Owner in accordance
with Section 1.3.6. Owner may make and retain copies for information and reference in
connection with the use and occupancy of the Project by Owner and others; however,
such documents are not intended or represented to be suitable for reuse by Owner or
others on extensions of the Project or on any other project. Any reuse by Owner without
written verification or adaptation by Engineer for the specific purpose intended will be at
Owner's sole risk and without liability or legal exposure to Engineer, or to Engineer's
independent professional associates or consultants, and Owner shall indemnify and hold
harmless Engineer and Engineer's independen.t professional associates and consultants
from all claims, damages, losses and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
compensation at rates to be agreed upon by Owner and Engineer.
7.3 INSURANCE
During term of this agreement, Engineer shall maintain levels of insurance as
described in Exhibit D.
7.3.1 Engineer shall procure and maintain insurance for protection from claims under
worker's compensation acts, claims for damages because of bodily injury, sickness or
disease or death of any and all employees or of any person other than such employees,
and from claims or damages because of injury to or destruction of property including loss
of use resulting therefrom.
7.4 CONTROLLING LAw
This Agreement is to be govemed by the law of the principal place of business of Owner.
e
e
7.5 SUCCESSORS AND ASSIGNS
7.5.1 Owner and Engineer each is hereby bound and the partners, successors,
executors, administrators and legal representatives of Owner and Engineer (and to the
extent permitted by paragraph 7.5.2 the assigns of Owner and ENGINEER) are hereby
bound to the other party to this Agreement and to the partners, successors, executors,
administrators and legal representatives (and said assigns) of such other party, in respect
of all covenants, agreements and obligations of this Agreement.
7.5.2 Neither Owner nor Engineer shall assign, sublet or transfer any rights under or
interest in (including, but without limitation, moneys that may become due or moneys that
are due) this Agreement without the written consent of the other, except to the extent that
any assignment, subletting or transfer is mandated by law or the effect of this limitation
may be restricted by law. 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 this Agreement. Nothing contained in this paragraph shall prevent
Engineer from employing such independent professional associates and consultants, as
Engineer may deem appropriate to assist in the performance of basic services hereunder.
7.5.3 Nothing under this agreement shall be construed to give any rights or benefits in
this Agreement to anyone other than Owner and Engineer. and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of Owner and Engineer and not for the benefit of any other party.
7.6 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 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
e
e
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.
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 p~rty will not participate in such procedure,
the parties shall pursue amicable termination.
e
e
SECTION 8 - SPECIAL PROVISIONS, ~XHIBITS AND SCHEDULES
8.1 This Agreement is subject to the following special provisions.
8.2 The following Exhibits are attached to and made a part of this Agreement:
8.2.1 Exhibit A "Further Descriptions of Basic Services and Related Matters" consists of
~pages. .
8.2.2 Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project
Representative" consists of fipages.
8.2.3 Exhibit C "Project Organizational Chart and Communication" cOnsists of ipage.
8.2.4 Exhibit D "Insurance" consists of 1 page.
8.2.5 Exhibit E "Design Concept Memorandum" consists of 2 pages.
8.3 This Agreement (consisting of 41 pages) together with the Exhibits and schedules
identified above constitutes the entire agreement between Owner and Engineer and
supersedes all prior written or oral understandings. This Agreement and said Exhibits
and schedules may only be amended, supplemented, modified or cancelled by a duly
executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as
of the day and year first above written.
, EXAS
ENGINEER:
~OLLARS. INC. 7 ..
. ~ J/Lij /l(jJ
President) J,ce
gCity
ATTEST Ii. 'v
Jl1 (JAJ:/IL utlJ
City Secretary
I
APJ?-ROVED AS TO FORo/
t7~?tl ~~.
City Attorney
(SEAL)
e
e
EXHIBIT A
FURTHER DESCRIPTION OF Engineer BASIC SERVICES
AND RELATED MATTERS
This is an Exhibit attached to, made a part of and incorporated by.reference with the
Agreement made on nP.(".Amtu~r ~, ?OO? between The City of La Porte, Texas (OWNER)
and Huitt-Zollars, Inc. (ENGINEER) providing for professional services.
The Basic Services of Engineer as described in Section 1 of the Agreement are amended
or supplemented as indicated below and the time periods for the performance of certain
services as indicated in Section 4 of the Agreement are stipulated as indicated below.
2. Omitted
3. During the Design Development Phase Engineer shall:
a. Provide document sets to Owner as outlined in paragraph 1.3.5.
b. Attend up to one (1) meeting with City staff to discuss progress and
direction of the work. After the meeting Engineer shall circulate for
approval a set of minutes that outline the key topics discussed and
any decisions, directions, etc. agreed upon by Owner and Engineer.
The Design Development Phase Services will be completed and Contract Documents
and Engineer's opinion of costs submitted within twenty-one (21) days following written
authorization from Owner to Engineer to proceed with that phase of services.
4. During the Construction Documents Phase Engineer shall:
Prepare construction documents ready for bidding, including the following tasks:
a. Construction drawings will be prepared at appropriate scale and
include:
Cover Sheet/Area Maps
Site Plan with Profile
Detail Sheets
b. Concurrent with the development of design drawings, the Engineer
will develop contract documents and specifications. Final
e
e
specifications will be presented to Owner for approval.
c. Attend up to one (1) meeting with City staff to discuss project and
direction of the work. After the meeting Engineer shall circulate for
approval a set of minutes that outline the key topics discussed and
any decisions, directions, etc. agreed upon by Owner and Engineer.
d. Make formal submittal of Drawings, Specifications and Contract
Documents for the Owner's review at the following completion
stages:
Pre-Final
Final
- 90 % of Detailed Design provide 3 sets.
-100% of Detailed Design provide 5 sets.
e. The Engineer will develop a final "Total Probable cost" estimate.
f. Provide document sets to Owner as outlined in Paragraph 1.4.5.
The Construction Document Phase Services will be completed and the Report
submitted within fourteen (14) calendar days following written authorization from
Owner to Engineer to proceed with that phase of services.
5. During the Bidding or Negotiating Phase Engineer shall:
a. Assist Owner in conducting any pre-bid conferences as required by
City of La Porte Ordinance No. 1476-A.
The Engineer shall review. the Equipment. and Experience
Statements submitted by the Contractor, check references and
prepare a written report and recommendation based on their
findings.
The Engineer shall not be responsible for evaluating the financial
statement submitted by Contractors.
The Bidding or Negotiating Phase Services will be completed per terms of paragraph 4.6.
6. During the Construction Phase Engineer shall:
a. During the Construction Phase the Engineer shall make visits
to the site at intervals appropriate to the various stages of
e
e
construction. After contractor has submitted construction
schedules, the Owner and Engineer will mutually agree on
key stages of construction that will warrant and require visits
by Engineer.
The Construction Phase Services will be completed per terms of paragraph 4.7.
e
e
EXHIBIT B
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This is an Exhibit attached to, made a part of and incorporated by reference with the
Agreement made 01'" nP-t'.AmnP-f Q. ?OO? netween The City of La Porte, Texas (OWNER)
and Huitt-Zollars, Inc. (ENGINEER) providing for professional services.
Owner may fumish a Resident Project Representative (RPR), assistants and other
field staff to assist Engineer in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of
materials and equipment by the RPR and assistants, Engineer shall endeavor to provide
further protection for Owner against defects and deficiencies in the work of Contractor;
but, the furnishing of such services will not make Engineer responsible for or give
Engineer control over construction means, methods, techniques, sequences or
procedures or for safety precautions or programs, or responsibility for Contractor's failure
to perform the Work in accordance with the Contract Documents and in particular the
specific limitations set forth in paragraph 1.6 of the Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of Engineer in
Engineer's agreement with the Owner and in the construction Contract Documents, and
are further limited and described as follows:
A. General
RPR is Engineer's agent at the site, will act as directed by and under the
supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's
dealings in matters pertaining to the on-site work shall in general be with Engineer and
Contractor keeping Owner advised as necessary. RPR's dealings with subcontractors
shall only be through or with the full knowledge and approval of Contractor. RPR shall
generally communicate with Owner with the knowledge of and under the direction of
Engineer.
B. Duties and Responsibilities of RPR
1. Schedules:
Review the progress schedule, schedule of Shop Drawing submittals
and schedule of values prepared by Contractor and consult with
Engineer concerning acceptability.
2. Conferences and Meetings:
Attend meetings with Contractor, such as pre-construction
e
e
conferences, progress meetings, job conferences and other project-
related meetings, and prepare and circulate copies of minutes
thereof.
3. Liaison:
a. Serve as Engineer's liaison with Contractor, working
principally through Contractor's superintendent and assist in
understanding the intent of the Contract Documents; and
assist Engineer in serving as Owner's liaison with Contractor
when Contractor's operations affect Owner's on-site
operations.
b. Assist in obtaining from Owner additional details or
information, when required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples, which are furnished at the site by
Contractor, and notify Engineer of availability of samples for
examination.
c. Advise Engineer and Contractor of the commencement of any
Work requiring a Shop Drawing or sample if the submittal has
not been approved by Engineer.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to
assist Engineer in determining if the Work is in general
proceeding in accordance with the Contract Documents.
b. Report to Engineer whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the
Contract Documents, or has been damaged, or does not
need the requirements of any inspection, test or approval
required to be made; and advise Engineer of Work the RPR
believes should be corrected or rejected or should be
uncovered for observation, or requires special testing,
inspection or approval.
c. Verify that tests, equipment and systems startups and
e
e
operating and maintenance training are conducted in the
presence of appropriate personnel, and that Contractor
maintains adequate records thereof; and observe, record and
report to Engineer appropriate details relative to the test
procedures and startups. .
d. Accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the
results of these inspections and report to Engineer.
6. Interpretation of Contract Documents:
Report to Engineer when clarifications and interpretations of the
Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued by Engineer.
7. Modifications:
Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report with RPR's recommendations
to Engineer. Transmit to Contractor decisions as issued by
Engineer.
8.
Records:
a.
Maintain at the job site orderly files for correspondence, report
of job conferences, Shop Drawings and samples,
reproductions of original Contract Documents including all
Work Directive Changes, Addenda, Change Orders, Field
Orders, additional Drawings issued subsequent to the
execution of the Contract, Engineer's clarifications and
interpretations of the Contract Documents, progress reports,
and other Project related documents.
b. Keep a diary or log book, recording Contractor hours on the
job site, weather conditions, data relative to questions of Work
Directive, Change Orders or changed conditions, list of job
site visitors, daily activities, decisions, observations in general,
and specific observations in more detail as in the case of
observing test procedures; and send copies to Engineer.
c. Record names, addresses and telephone numbers of all
Contractors, subcontractors and major suppliers of materials
and equipment.
e
It
9. Reports:
a. Furnish Engineer periodic reports as required of progress
schedule and schedule of Shop Drawing and sample
submittals.
b. Consult with Engineer in advance of scheduled major tests,
inspections or start of important phases of the Work.
c. Draft proposed Change Orders and Work Directive Changes,
obtaining backup material from Contractor and recommend to
Engineer Change Orders, Work Directive Changes, and Field
Orders.
d. Report immediately to Engineer and Owner upon the
occurrence of any accident.
10. Payment Requests:
Review applications for payment with Contractor for compliance with
the established procedure for their submission and forward with
recommendations to Engineer, noting particularly the relationship of
the payment requested to the schedule of values; Work completed,
and materials and equipment delivered at the site but not
incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals:
During the course of the Work, verify that certificates, maintenance
and operation manuals and other data required to be assembled and
furnished by Contractor are applicable to the items actually installed
and in accordance with the Contract Documents, and have this
material delivered to Engineer for review and forwarding to Owner
prior to final payment for the Work.
12. Completion:
a.
Before Engineer issues a Certificate of Substantial
Completion, submit to Contractor a list of observed items
requiring completion or correction.
b.
Conduct final inspection in the company of Engineer, Owner,
and Contractor and prepare a final list of items to be
e
e
completed or corrected.
c. Observe that all items on final list have been completed or
corrected and make recommendations to Engineer
concerning acceptance.
C. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment, unless authorized by Engineer.
2. Shall not exceed limitations of Engineer's authority as set forth in the
Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor, subcontractors
or Contractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any
aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by the
Contract Documents.
5. Shall not advise on, issue directions regarding, or assume control over
safety precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other
then Contractor.
7. Shall not authorize Owner to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections
conducted by others except as specifically authorized by Engineer.
e
e
EXHIBIT C
COMMUNICATION
This is an Exhibit attached to, made a part of and incorporated by reference with the
Agreement made on nAC'.P.mhAr Q. ?OO? between The City of La Porte, Texas (OWNER)
and Huitt-Zollars, Inc. (Engineer) providing for professional services.
All correspondence shall include City of La Porte Project Number. All correspondence
regarding this Agreement for Professional Services and fee invoicing from Engineer to
Owner shall be addressed as follows:
City of La Porte
Attention:
Stephen Barr, Director
Parks and Recreation Department
1322 S. Broadway
La Porte, TX 77571
Delivery Address:
1322 S. Broadway
La Porte, TX 77571
Deliveries related to project design and construction shall be sent to: .
City of La Porte
Attention: Stephen Barr, Director
Parks and Recreation Department
1322 S. Broadway
La Porte, TX 77571
All correspondence from Owner to Engineer shall be addressed to:
Huitt-Zollars, Inc.
Attention: Gregory Wine, P.E.
1500 Dairy Ashford, Suite 200
Houston, Texas 77077-3858
e
e
EXHIBIT D
INSURANCE
This is an exhibit attached to, made a part of and incorporated by reference into
the Agreement made on December 9.2002 benveen the City of La Porte (Owner)
and Huitt-Zollars, Inc. (Engineer) providing for professional services.
Section 7.3 of the Agreement is amended and supplemented to include the
following agreement of the parties:
The limits of liability for the insurance required by paragraph 7.3 of the Agreement
are as follows:
By ENGINEER:
1. Worker's Compensation
Statutory
2.
Employer's Liability
General Liability
General Aggregate
Each Occurrence (Bodily Injury
and Property Damage)
$1,000,000
3.
$500,000
$1,000,000
4.
Excess Umbrella Liability
General Aggregate
$500,000
$500,000
5.
Automobile Liability
6.
Professional Liability
Each Occurrence
Aggregate
$250,000
$500,000
0-1
e
e
EXHIBIT E
DESIGN CONCEPT MEMORANDUM
This is an exhibit made a part of and incorporated by reference into the Agreement
made on nAr.AmhAr Q. ?OO? between the City of La Porte (Owner) and Huitt-
Zollars, Inc. (Engineer) providing for professional services.
Engineer Supports & Install Prefabricated Steel Pedestrian Bridge over Little
Cedar Bayou Park
PROJECT OVERVIEW:
Engineer shall provide professional services to evaluate the proposed site and design structural
supports for installation of an Owner-provided 10' by 165' (nominal) single span (Steadfast)
prefabricated steel pedestrian bridge over Little Cedar Bayou at its intersection with South 3m
Street right of way. The City of La Porte, in conjunction with the Harris County Office of Housing
and Economic Development, will purchase and install a prefabricated steel bridge at the site
described above. Funding for this project is shared by Harris County and the City of La Porte.
The project includes the investigation of the site, utilization of the Bridge Engineer's plans and
specifications, evaluation of f100dway requirements, and other considerations to develop
footings and supports for the bridge. The selected firm will monitor construction of the footings
and supports, as well as the actual prefabricated bridge final assembly and installation. Time is
of the essence for this project. The prefabricated bridge must be installed and operational prior
to April 30, 2003.
ANTICIPATED PROFESSIONAL SERVICES:
The City intends to engage the services of a professional firm to develop the design of footings
and installation of the prefabricated bridge at the site. The anticipated scope of work will, at a
minimum, include the following:
. Evaluate Subsurface Conditions and other Factors Relating to Design - After review of
bridge engineered plans and specifications for loading, etc., Engineer shall investigate
through the use of soil samples, etc. to determine proper loading requirements to design
footings and supports for the bridge. Architect shall consider applicable utility siting for
the proposed design, including electrical and water components that may be on site.
Engineer shall consider special requirements for the site, located in City of La Porte right
of way, and assure that the resulting design meets all City, County and State
requirements, rules, and procedures required for design and installation.
. Develop Preliminary Design - Upon authorization, Engineer shall produce preliminary
design for the project for consideration by City/County Project Administrator review.
. Develop Final Design - Upon approval of the preliminary design, Engineer shall proceed
with final design details, including site requirements for piers and other considerations to
be determined.
e
e
E-1
. Monitor Installation of Supports for Bridge - Engineer shall provide a project
administrator/ or other personnel as required, to monitor construction of bridge supports
and of subsequent bridge installation, to assure that the constructionlinstallation is in
compliance with applicable procedures, rules, and requirements of the City, Harris
County, and the bridge manufacturer.
. Other Services - as agreed to by the City, County, and Engineer.
Note: The successful provider will be required to fill out Debarment, Lower Tier
Debarment, and Lobbying Certifications per Harris County requirements. This project
also requires a 15% Disadvantaged Business Enterprise goal.
END OF DOCUMENT
E-2
ORGANIZATION NAME PURCHA~E ORDER NO.
PURCHASE Mgt Serv Off. of Eeon Dev. - 2037 P054663
VENDOR NO. ] DATE CONTRACT AWO. I DA~CT & BONDAP:J...; REQUEST NO. .
ORDER 74600155: R108i98
TERMS OF PAYMENT EST. DELIVERY DATE
HARRIS COUNTY AUDITOR
c/o ACCOUNTS PAYABLE
V CITY OF LAPORTE WATER S H CHOUSING & COMMUNITY DEVELOP~ 1001 PRESTON, SUITE 800
ATTN JOHN JOERNS H 8410 LANTERN POINT DR I HOUSTON, TEXAS 77002
E 604 W FAIRMONT PKWY I HOUSTON, TX 77054 L (713) 755-6573
N LA PORTE, TX 77571 P L All vendors doing business with Harris County &IIould
0 provide the Taxpayer IdentiflClltion Number or Social
Security Number as applicable. Failure to provide this
0 T infonnation may resun in a delay in paymant and/or
I o PHILLIPS, DEREK (713) 747-01: back-up withholding as required by the Internal Revenue
Service.
~~-~- ---- -~--~ ~~~~~ ---===----=-- --==-=------=-=-
OJ ~r-=:::-~~- ~-====-=~---==-----=..".-_==-~ ------
-~--
-=-------=-==-==___ ___==----=-..2"~~,._~____=__=_ ~--~ --~
ii! _"'m~ --
~~~~~~~- -- -~---
ss)"L~:::
= -~ ~
I - --
-- - ---- --~-----~ --
-- ----- -~- --- ~---
-~~ - -- -=-~=-------==---------~- - ------=- - --------- ---- - -~----.,,-~--
- -==----------==-~ - --- -=-=..=-- ---=-----------=-
0001 1. 00 LT AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF 150.000 150.000.00
LA PORTE FOR THE PEDESTRIAN BRIDGE PROJECT WILL
.WILL BENEFIT INDIVIDUALS WHO RESIDE WITHIN THE
CITY OF WHOM AT LEAST 515 ARE FROM LOW TO
MODERATE INCOME HOUSEHOLDS AI...L IN ACCORDA.&.'iJCE t'HTH
AGREEMENT WHICH IS HERE REFERRED TO AND MADE A
PART HEREOF AS IF ATTACHED.
APPROVED IN COMMISSIONERS COURT OCTOBER 22, 2002
t
-
NOT VALID, UNLESS APPROVED BY THE HARRIS COUNTY PURCHASING AGENT 00
ISSUANCE OF THIS PURCIfAlle ORDER IS CERJ1FtCAnoN BY THE HARRIS COUNTY _j: QUESTIONS CONCERNING THIS
AUDITOR THAT FUNDS, IN THE AMOUNT OF THE PURCHASE ORDER TOTAL, ARE RCHASE ORDER CONTACT:
AVAILABLE. ANITA DUKE
ADDITIONAL TERMS AND CONDITIONS ON REVERSE ( 713 ) 755 - 4 644
COUNTY AUDITOR'S FORM 3501 (REV. 03199) ORIGIN L