HomeMy WebLinkAboutO-2000-2425
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ORDINANCE NO. 2000-J.L/p.5"
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND WAYNE SMITH , ASSOCIATES, ENGINEERS, FOR
ENGINEERING SERVICES ON A LARGE DIAMETER TRUNK SANITARY SEWER, BAY
AREA BOULEVARD-FAIRKONT PARKWAY TO AVENUE "D" ; APPROPRIATING
$120,550.00, 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 Mayor is hereby authorized to execute such document
and all related documents on behalf of the City of La Porte. The
City Secretary is hereby authorized to attest to all such
signatures and to affix the seal of the City to all such documents.
City Council appropriates the sum not to exceed $120,550.00 from
the City of La Porte 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 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.
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section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of August, 2000.
By:
CITY OF LA PORTE
4tt~
Mayor
ATTEST:
~(J,a. J1MJ.IJ-
Mar ha A. Gillett
City Secretary
APPROVliiD:
~tJ
Knox W. Askins
City Attorney
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WAYNE
SMITH
& ASSOCIATES
June 5, 2000
Mr. Douglas K. Kneupper, P .E.
Director of Planning
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Re: Assignment NO.1 for Engineering Services
City of La Porte
Large Diameter Trunk Sanitary Sewer
Bay Area Boulevard - Fairmont Parkway to
Avenue D
WSA Project 170-001
Dear Mr. Kneupper:
Wayne .Smith and Associates, Inc. is pleased to submit .this assignment letter to provide
engineering services to the City of La Porte. The City desires to install a sanitary trunk sewer
system to the vicinity of Avenue D and Sens Road. The trunk sewer, if possible, will eliminate
the need for an existing lift station located on the corner of Sens Road and Avenue D. The
system will interface with the City's existing trunk sewer within Fairmont Parkway right-of-
way at Bay Area Boulevard. The proposed trunk sewer will traverse the new Bay Area
Boulevard right-of-way and Sens Road right-of-way to Avenue D. The trunk sewer, estimated
at 7,000 linear feet of 42-inch, shall be coordinated with the proposed Bay Area Boulevard
roadway and drainage construction by Harris County.
Except for the Scope of Services, Basis of Compensation, and Schedule of Work set
forth below, the rights, duties, and obligations of Wayne Smith & Associates, Inc. and the
City of La Porte shall be as provided in the attached general services agreement which
agreement is otherwise incorporated herein and made a part of this assignment letter.
Acceptance by the City of this assignment letter shall co~~~itute an amendment to said general
services agreement.
118211-10 East Freeway, Suite 400 . Houston, Texas 77029 . Ph: (713) 450-1300 . Fax: (713) 450-1385
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Mr. Douglas K. Kneupper, P .E.
City of La Porte
June 5,2000
Page 2
The Scope of Services, Basis of Compensation, and Schedule of Work are outlined in
the following paragraphs:
SCOPE OF SERVICES
The scope of services can be divided into Preliminary Phase, Design Phase, Bidding
Phase, and Construction Phases. The scope of each phase and/or services is defined as follows:
BASIC SERVICES
Preliminary Phase
Prepare a letter report for review by City of La Porte and other governmental
entities. The report shall provide the areas to be served, basis of design, criteria
for design, points of interface, estimated costs, and other factors necessary for
review and comment by governmental agencies.
Design Phase
a. Prepare detailed drawings and specifications and provide two complete
sets to the city for review and comment.
b. Furnish copies of the construction drawings, where applicable, to
federal, state, county, and municipal agencies, pipeline companies, and
utility companies, and obtain all necessary approvals.
c. Prepare and deliver to the city detailed fmal estimate of probable
construction cost, construction drawings and project specifications for
final approval.
Bidding Phase
a. Assist the City in the prequalification of contractors. The
prequalification investigation is limited to the investigation of the
Contractor's statement of equipment and experience.
b. Assist the City in obtaining bids.
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Mr. Douglas K Kneupper, P.E.
City of La Porte
June 5, 2000
Page 3
c. Assist in the tabulation and analysis of bids, and furnish
recommendations on the award of the construction contract.
Construction Phase
a. Attend and assist the City in the preconstruction conference.
b. Make periodic visits (not less than biweekly), as distinguished from the
continuous services of a resident project representative, to the
construction site. The purpose of the visits is to familiarize generally
with the progress of the work, to determine in general the progress and
quality of the work, and to determine if the work is proceeding in
accordance with the contact documents.
c. Consult with and advise the City during construction. Engineer will issue
all instructions to the contractor requested by the City and prepare, sign
and issue routine change orders for City approval.
d. Review shop, laboratory and mill test of material and equipment and
promptly report to City any deficiencies noted.
e. Review shop and working drawings, furnished by contractors, for
compliance with design concepts and specifications and with the
information given by the contract documents.
f. Generate monthly and final estimates for payments to the contractor.
g. Compute and verify all in-place quantities of each bid item used in
cons truction.
h. Assist the City in any performance tests required by the specifications
and the initial operation of the project.
i. Participate in company with the City's representative in a fmal
inspection of the project.
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Mr. Douglas K. Kneupper, P.E.
City of La Porte
June 5,2000
Page 4
EXTRA SERVICES
a. Field surveying
b. Geotechnical investigation
c. Changes to the work requested by the City
d. Record drawings - Prepare and deliver to City a set of reproducible
record drawings showing those change made during the construction
period based upon change orders, marked up prints, drawings and other
data furnished by the contractor to the engineer and which engineer
deems significant.
COMPENSATION
Wayne Smith and Associates, Inc. proposes the compensation for the preliminary,
design, bidding and construction phases be based upon percentage of construction costs as
follows:
BASIC SERVICES
Estimated. Construction Cost = $1,400,000,00
Total Basic Service Fee @ 7.8% = $109,200.00
Preliminary Phase (25% ofTota!)
Design Phase (55% of Total)
Bidding Phase (5% ofTota!)
Construction Phase (15% ofTota!)
$ 27,300.00
60,060.00
5,460.00
16,380.00
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Mr. Douglas K. Kneupper, P .E.
City of La Porte
June 5, 2000
Page 5
EXTRA SERVICES
Extra Service item compensation would be as follows:
Service
Basis of Compensation
Estimated Cost
a. Surveying
Invoice plus ten percent
s~rvice charge
$ 2,600.00
b. Geotechnical
Invoice plus ten percent
service charge
$ 6,250.00
c. Changes and Record
drawings
Direct labor cost times
multiplier
$ 2,500.00
Total Extra Services Estimated Cost
$ 11,350.00
All direct labor costs (hourly charges) will be supported with copies of time sheets signed
by the employee and his supervisor.
SCHEDULE
Wayne Smith and Associates, Inc. is prepared to begin work as soon as authorized and
proceed with the work in conjunction with the City's schedule. The preliminary and design
phases can be undertaken concurrently. A draft of the proposed plans and specifications '
(Design Phase) will be provided to City staff for review comment within 120 calendar days of
the authorization to proceed and final plans can be provided within 30 days of receipt of
review comments.
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Mr. Douglas K. Kneupper, P .E.
City of La Porte
June 5, 2000
Page 6
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Wayne Smith and Associates, Inc. appreciates the opportunity to prepare this proposal for
the City. Should you have any questions, please advise.
Attachment: General Services Contract
ACCEPTED:
By:
TITLE:
Very truly yours,
i2;~~~~mc.
Charles W. Beere, P.E.
Engineering Manager
DATE:
, .
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AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
The State of Texas
County of Harris
Know All Men by These Present:
TInS IS AN AGREEMENT MADE AS OF "the i!:t'day of ~in the year of Two
Thousand by and between the City of La Porte (hereinafter c~WNER) and Wayne Smith &
Associates, Inc. (hereinafter called Consulting ENGINEER). OWNER intends to retain the
services of an ENGINEER for services that may be required by the OWNER within the
jurisdiction of the City, including, but not limited to, public works improvements as found
necessary (hereinafter called the P~oject).
OWNER AND ENGINEER in consideration of their mutual covenants herein agree in respect of
the performance of professional engineering services by ENGINEER and the payment for those
services by OWNER, as set forth below.
ENGINEER shall serve as OWNER'S professional engineering representative in those phases of
the Project as assigned by OWNER and accepted by ENGINEER, and will give consultation and
advice to owner during the performance of his services.
The OWNER, jointly and severally, and the ENGINEER, jointly and severally, bind themselves to
faithfully and fully execute and perform all of the duties and obligations hereof respectively as
OWNER and ENGINEER.
The authorized representative of the ENGINEER in all matters pertaining to this Contract
Document shall be as designated by the President of Wayne Smith & Associates, Inc., R. Wayne
Smith. The authorized representative for the OWNER shall be as designated by the City Council.
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SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 General
1.1.1 ENGINEER shall perform professional services as hereinafter stated which include
normal civil, structural, mechanical, and electrical engineering services and normal
architectural services incidental thereto.
1.1.2 Advise OWNER of need for services of subcontractors for performance of special
services, as required from time to time during the Project; he shall detail these
needs and present proposals thereon to the OWNER for approval.
1.2 Preliminary Phase. After written authorization to proceed, ENGINEER shall:
1.2.1 Consult with OWNER to determine his requirements for the Project and review
available data.
1.2.2 Attend preliminary conference with the OWNER and other interested parties
regarding the Project.
1.2.3 Prepare a preliminary engineering study and report on the Project in sufficient
detail to indicate generally the problems involved and the alternate solutions
available to the OWNER, to include preliminary layouts, and cost estimates for the
Project, and to set forth clearly the ENGINEER'S recommendations.
1.2.4 Review reports of previous engineering studies made for the OWNER pertaining
to this Project, collect other relevant data including existing facilities. ENGINEER
shall analyze such data and OWNER'S needs and shall generate alternative plans to
physically satisfy the OWNER'S needs. Detailed cost analysis shall be made of
each alternative and benefits analyzed and quantified where practical. A report of
these studies and the ENGINEER'S recommendations thereon shall be prepared.
The ENGINEER will furnish sufficient copies of the report, present, and review it
in person with the OWNER
1.3 Design Phase. After written authorization to proceed with the design phase, ENGINEER
shall:
1.3.1 On the basis of the 'accepted preliminary documents prepare for incorporation in
the contract documents, final drawings to show the character and scope of the
work to be performed by contractors on the Project and specifications.
1.3.2 Establish the scope of any soil and foundation investigations or any special surveys
and tests which, in the opinion of the ENGINEER, may be required for design;
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arrange for such work to be done for the OWNER'S account.
1.3.3 Furnish to the OWNER, where required by the circumstances of the assignment,
the engineering data necessary for applications for routine permits by local, state,
and federal authorities (as distinguished from detailed applications and supporting
documents for government grants-in-aid, or for planning advances).
1.3.4 Prepare detailed specifications and contract drawings, in pencil or ink: on paper or
plastic film, for consu:uction authorized by the OWNER
1.3.5 Prepare detailed cost estimates of authorized construction. The ENGINEER shall
not be required to guarantee the accuracy of these estimates.
1.3.6 Furnish to the OWNER all necessary copies of approved plans, specifications,
notices to bidders, and proposal forms. All sets of plans in excess of agreed
number are to be paid for separately.
1.4 Construction Phase.
1.4.1 Assist the OWNER in the advertisements of the Project for bids. After written
authorization to proceed with the construction phase, ENGINEER shall:
1.4.2 ENGINEER shall furnish all documents sufficient to facilitate the bid process.
1.4.3 Consult with and advise OWNER as to the acceptability of subcontractors and
other persons and organizations proposed by the prime Contractor(s) [hereinafter
called IIContractor(s)lI] for those portions of the work as to which such
acceptability is required by the contract documents.
1.4.4 Consult with and advise OWNER as to the acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution is permitted by the
contract documents.
1.4.5 Assist OWNER in evaluation bids or proposals and in assembling and awarding
contracts. ENGINEER shall prepare a detailed bid tabulation, including bid
analysis, research of Contractor's qualifications, and a recommendation.
1.4.6 Consult with and advise OWNER and act as his representative as provided in the
Standard General Conditions of the Construction Contract, the extent and
limitations of the duties, responsibilities and authority of ENGINEER as assigned
in said Standard General Conditions shall not be modified without ENGINEER'S
written consent; 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
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extent provided in said Standard General Conditions except as otherwise provided
in writing.
1.4.7 Make periodic visits as required by the OWNER to the site to observe, as an
experienced and qualified design professional, the progress and quality of the
executed work and to determine in general if the work is proceeding in accordance
with the contract documents; he shall not be required to make exhaustive or
continuous onsite inspections to check the quality or quantity of work; he shall not
be responsible for the means, methods, techniques, sequences or procedures of
construction selected by Contractor( s) or the safety precautions and programs
incidental to the work of Contractor(s). His efforts will be directed toward
ascertaining and determining for OWNER that the completed Project will conform
to the Contract Documents, but he shall not be responsible for the failure of
Contractor(s) to perform the construction work in accordance with the contract
documents. During such visits and on the basis of his onsite observations he shall
keep OWNER informed of the progress of the work, shall endeavor to guard
OWNER against defects and deficiencies in the work ofContractor(s) and may
disapprove or reject work as failing to conform to the contract documents.
ENGINEER shall attend all District meetings as required during the construction
phase.
1.4. 8 Review and approve shop drawings (as that term is defined in the Standard
General Conditions) and samples, the results of tests and inspections and other
data which any Contractor is required to submit, but only for conformance with
the design concept of the Project and compliance with the information given in the
contract documents; determine the acceptability of substitute materials and
equipment proposed by Contractor(s); and receive and review (for general content
as required by the specifications) maintenance and operating instructions,
schedules, guarantees, bonds, and certificates of inspection which are to be
assembled by Contractor(s) in accordance with the contract documents.
1.4.9 Issue all instruction of OWNER to Contractor(s); prepare routine change orders as
required; he may, as OWNER'S representative, require special inspection or testing
of the work; he shall act as interpreter of the requirements of the contract
documents and judge of the performance thereunder by the parties thereto and
shall make decisions on all claims of OWNER and Contractor(s) relating to the
execution and progress of the work and all other matters and questions related
thereto; but ENGINEER shall not be liable for the results of any such
interpretations or decisions rendered by him in accordance with accepted
engineering practices, procedures, and design criteria.
1.4.10 Based on his onsite observations as an experienced and qualified design
professional and on his review of Contractor(s) applications for payment and the
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accompanying data and schedules, determine the amounts owing to Contractor( s)
and approve in writing payments to Contractor( s) in such amounts; such approvals
of payment will constitute a representation to OWNER, based on such observation
and review, that the work has progressed to the point indicated and that, to the
best of his knowledge, information and belief, the quality of the work is in
accordance with the contract documents (subject to the evaluation of the work as a
functioning Project upon substantial completion, to the results of any subsequent
tests called for in the contract documents, and to any qualifications stated in his
approval), but by approving an application for payment ENGINEER will not be
deemed to have represented that he has made any examination to determine how
or for what purposes any Contractor has used the moneys paid on account of the
contract price, or that title to any of the Contractor( s) work, materials or
equipment has passed to OWNER free and clear of any lien, claims, security
interests or encumbrances.
1.4.11 Provide, from the field prints maintained by the contractor, one set of record
drawings. These shall be "Red-Line" drawings and shall be delivered within three
months of completion oflast construction contract.
1.4.12 Conduct an inspection to determine if the Project is substantially complete and
final inspection to determine if the Project has been completed in accordance with
the contract documents and if each Contractor( s) has fulfilled all of his obligations
thereUnder so that ENGINEER may approve, in writing, final payment to each
Contractor.
1.4.13 Services after completion of the construction phase, such as inspections during any
guaranteed period and reporting observed discrepancies under guarantees called
for in any contract for the Project.
1.4.14 ENGINEER shall act as the OWNER'S agent in obtaining necessary routine
approvals and routine permits from all governmental authorities having jurisdiction
over the Project and such approvals and consents from others as may be necessary
for completion of the Project. Routine permits include items such as highway or
road crossings but do not include items requiring services in addition to design,
such as Waste Discharge Permit, Corps of Engineers Permit, Environmental
Impact Statements, et cetera.
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1 General. If authorized in writing in separate instrument, by OWNER, ENGINEER shall
furnish or obtain from others, additional services of the following types which are not
considered normal or customary basic services; these will be additionally paid for by
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OWNER as indicated in Section 5.
2.1.1 Services resulting from significant changes in general scope of the Project or its
design including, but not limited to, changes in size, complexity, OWNER'S
schedule, or character of construction; and revising previously accepted studies,
reports, design documents or contract documents when such revisions are due to
causes beyond ENGINEER'S control.
2.1.2 Provide renderings or models for OWNER'S use.
2.1.3 Preparing documents for alternate bids requested by OWNER for work which is
not executed or documents for out-of-sequence work.
2.1.4 Investigations involving detailed consideration of operations, maintenance, and
overhead expenses; and the preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals, and valuations; detailed quantity surveys
of material, equipment and labor; and audits or inventories required in connection
with construction performance by OWNER.
2.1.5 Furnishing the services of special consultants for other than the normal civil,
structural, mechanical and electrical engineering and normal architectural design
incidental thereto such as consultants for interior design, selection of furniture and
furnishings, communications, (excluding instrumenting incidental to Project),
acoustics, kitchens, and landscaping.
2.1.6 Services resulting from the involvement of more separate prime contract for
construction or for equipment than are contemplated.
2.1.7 Services in connection with change orders to reflect changes requested by
OWNER if the resulting change in compensation for basic services is not
commensurate with the additional services rendered, and services resulting from
significant delays; changes or price increases occurring as a direct or indirect result
of material, equipment or energy shortages.
2.1.8 Services during out-of-town travel required of ENGINEER other than visits to the
Project site as required by Section 1 or the state agencies to solicit permits.
2.1.9 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) prolongation of the contract
time of any prime Contractor by more than sixty days, (4) acceleration of the work
schedule involving services beyond normal working hours, and (5) default by any
Contractor. The cost for these services will be negotiated should the need arise.
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2.1.10 Services as required to prepare, from the prints maintained by the contractor
during construction, one set of record drawings. The one set of record drawings
shall be reproducible.
2.1.11 Preparing to serve or serving as a consultant or witness for OWNER in any
litigation.
2.1.12 Additional services in connection with the Project, including services normally
furnished by OWNER and services not otherwise provided for in this Agreement.
2.1.13 Services as right-of-way agent for the OWNER
2.1.14 Services, furnished by others on a subcontract basis to the ENGINEER, by
subcontract; subject to prior approval of the OWNER
2.1.14.1
The services of a Registered Public Surveyor for property,
boundary, easement, right-of-way, topographic, control points, and
utility surveys and property descriptions.
2.1.14.2
Materials testing services, in one or more subcontractors.
2.1.14.3
Professional interpretations of the material testing results.
2.1.15 Title search services.
2.2 Resident services during construction.
2.2.1 If requested by OWNER or recommended by ENGINEER and agreed to in
writing by the other, a Resident Project Representative and assistants will be
furnished and will act as directed by ENGINEER in order to provide more
extensive representation at the Project site during the construction phase. Such
services will be paid for by OWNER as indicated in paragraph 5.1.4.4.
2.2.2 The duties and responsibilities and the limitations on the authority of the Resident
Project Representative and assistants will be set forth in Exhibit A which is to be
identified, attached to and made a part of this Agreement before such services
begin.
2.2.3 Through more extensive onsite observations of the work in progress and field
check of materials and equipment by the Resident Project Representative (if
furnished) and assistants, ENGINEER shall endeavor to provide further protection
for OWNER against defects and deficiencies in the work, but the furnishing of
such Resident Project Representation will not make ENGINEER responsible for
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construction means, methods, techniques, sequences or procedures or for safety
precautions or programs, or for Contractor(s) failure to perform the construction
work in accordance with the contract documents.
2.2.4 The Resident ENGINEER and any assistants shall be subject to approval by the
OWNER and subject to an interview with OWNER'S representative for
determination of qualifications. The OWNER shall have the right to order removal
of an ENGINEER representative from the work for stated cause provided one
week's notice is given.
SECTION 3 - OWNER'S RESPONSmaITIES
3.1 Provide full information as to his requirements for the Project.
3.2 Assist ENGINEER by placing at his disposal all available information pertinent to the
Project including previous reports and any other data relative to design and construction
of the Project. ENGINEER may rely on the accuracy and veracity of said information
reports and data supplied by OWNER without independently verifying same.
3.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and
private prqperty as required for ENGINEER to perform his services.
3.4 Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor
and other consultants as he 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.
3.5 Provide such legal, accounting, independent cost estimating and insurance counseling
services as may be required for the Project, and such auditing service as OWNER may
require to ascertain how or for what purpose any Contractor has used the moneys paid to
him. under the construction contract and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of ENGINEER
3.6 Designate in writing a person to act as OWNER'S representative with respect to the work
to be performed under this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define OWNER'S policies and
decisions with respect to materials, equipment, elements and systems pertinent to
ENGINEER'S services.
3.7 Furnish, or direct ENGINEER to provide, necessary additional services as stipulated in
Section 2 of this Agreement or other services as required.
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3.8 Bear all costs incident to compliance with the requirements of this Section.
SECTION 4 - PERIOD OF SERVICE
4.1 The provisions of 4.2 through 4.8, inclusive, and the various rates of compensation for
ENGINEER'S services provided for elsewhere in this Agreement have been agreed to in
anticipation of the orderly 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 and
construction of the Project including extra work and required extensions thereto.
4.2 The services called for in the preliminary phase will be completed and the report submitted
within a reasonable time following the authorization to proceed with that phase of
services.
4.3 After acceptance by OWNER of the preliminary documents and revised opinion of
probable Project cost, indicating any specific modifications of changes in scope desired by
OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with
the performance of the service called for in the design phase, so as to deliver contract
documents and a revised opinion of probable Project cost for all authorized work on the
Project within a reasonable time after the authorization to proceed with that phase of
services.
4.4 ENGINEER'S services under the preliminary phase and design phase shall each be
considered complete when the submissions for that phase have been accepted by
OWNER.
4.5 After acceptance by OWNER of the contract documents and ENGINEER'S most recent
opinion of probable Project cost and upon written authorization to proceed, ENGINEER
shall proceed with performance of the services called for in the construction phase. The
design 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 Contractor(s).
4.6 The construction phase will commence with the advertisement of the Project or any part
thereof, and will terminate upon written approval by ENGINEER of final payment on the
last prime contract to be completed. Construction phase services may be rendered at
different times in respect of separate prime contracts if the Project involves more than one
prime contract.
4.7 In the event that the work of the Project is to be performed under more than one prime
contract, OWNER and ENGINEER shall, prior to commencement of the design phase,
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develop a schedule for performance of ENGINEER'S services during the design and
construction phases in order to sequence and coordinate properly such services as
applicable to the work under such separate contracts. This schedule is to be prepared
whether or not the work under such contracts is to proceed concurrently.
4.8 If OWNER has requested significant modifications or changes in the scope of the Project,
the time of performance of ENGINEER'S services shall be adjusted appropriately.
4.9 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 sixty calendar days after completion of the design phase,
ENGINEER may, after giving seven days notice to OWNER, suspend services under this
Agreement.
4.10 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 5.3.5 for services delayed
or suspended. 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
services more than one year after substantial completion, the various rates of
compensation provided for elsewhere in this Agreement shall be subject to renegotiation.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Compensation for all services by the ENGINEER shall be in accordance with one of the
methods outlined below and specifically noted in each written assignment detailed in
accordance with this agreement.
5.1.1 Percentage of Construction
5.1.1.1
In this method of arriving at the ENGINEER'S compensation the
applicable current median compensation curves (with notes
applicable thereto) of the City of Houston - Department of Public
Works and Engineering shall be used as a guide for agreement
which shall be detailed for a specific assignment. Curves are
attached.
5.1.1.2
When the entire Project is awarded on the basis of multiple
contracts, applicable fee curves, fee tables, and curve adjustments
for additional services for entire Project may be negotiated. Both
parties recognize that it may be advantageous to divide the Project
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into two or more parts for bidding construction.
5.1.2 Salary cost times a multiplier plus direct non-salary expenses.
5.1.2.1
5.1.2.2
5.1.2.3
In this method of arriving at the ENGINEER'S compensation, the
salaries to be used shall be the current hourly salary of the
individual(s) engaged in performing the service for the OWNER
The total compensation under this method shall be the product of
the salary cost in performing the service for the OWNER times 3.25
multiplier.
Direct non-salary expenses such as travel, subsistence, materials
purchased, tests required, special miscellaneous needs shall be
invoiced at cost times a multiplier of 1.10.
5.1.3 Lump Sum Charge
5.1.3.1
5.1.3.2
This method of arriving at the ENGINEER'S compensation may be
used where it is possible to define with reasonable accuracy the
scope of the work to be performed.
The lump sum is determined by applying an appropriate percentage
of the estimated construction cost of the Project; this approach is
justified only on design type Project of conventional characteristics.
5.1.4 Additional Services. OWNER shall pay ENGINEER for additional services
rendered under Section 2 as follows:
5.1.4.1
5.1.4.2
5.1.4.3
General. For additional services rendered under paragraphs 2.1.1
. through 2.1.14, inclusive (except services covered by paragraph
2.1.5 and services as a consultant of witness under paragraph
2.1.10, on the basis of salary) cost times a factor of 3 .25 for
services rendered by principal and employees assigned to the
Project.
Special consultants. For services and reimbursable expenses of
special consultants and subcontractors (surveyors, testing labs)
employed by ENGINEER pursuant to paragraph 2.1.5 or 2.1.14,
the amount billed to ENGINEER therefore times a factor of 1.10.
Serving as a witness. For the services of the principal and
employees as consultants or witnesses in any litigation, hearing or
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proceeding in accordance with paragraph 2.1.10, at the rate of
$1500.00 per day or any portion thereof (but compensation for time
spent in preparing to appear in any such litigation, hearing or
proceeding will be on the basis provided in paragraph 5.1.4.1).
5.1.4.4
Resident project services. For resident services during construction
furnished under paragraph 2.2.1, on the basis of salary costs times a
factor of 3 .25 for services rendered by principals and employees
assigned to field offices in connection with Resident Project
Representation.
5.1.5 Reimbursable expenses. In addition to payments provided for in paragraph 5.1.4,
OWNER shall pay ENGINEER the actual costs of all reimbursable expenses
incurred in connection with all additional services except those services provided in
5.1.4.4.
5.1.6 As used in this paragraph 5.1, the terms "construction cost", "salary costs" and
"reimbursable expenses" will have the meanings assigned to them in paragraphs
5.3.1,5.3.2, and 5.3.3.
5.2 Times of Payment.
5.2.1 ENGINEER shall submit monthly statements for basic and additional services
rendered and for reimbursable expenses incurred. When compensation is on the
basis of a lump sum or percentage of construction cost, the statements will be
based upon ENGINEER'S estimate of the proportion of the total services actually
completed at the time of billing. Otherwise, these monthly statements will be based
upon ENGINEER'S salary cost times a factor. OWNER shall make prompt
monthly payments in response to ENGINEER1S monthly statements.
5.2.2 Where compensation for basic services is on the basis ofa lump sum or percentage
of construction cost, OWNER shall, upon conclusion of each phase of basic
services, pay such additional amount, if any, as may be necessary to bring total
compensation paid on account of such phase to the following percentages of total
compensation for all phases of basic services. Of the total fees due, the percentages
to be paid under the various phases of work are as follows: preliminary phase
twenty percent, design phase sixty-five percent, and construction phase fifteen
percent. The OWNER shall approve invoices on a monthly basis for work
performed under the basic service fee and also for special services rendered. The
OWNER will promptly pay monthly invoices as submitted by the ENGINEER in
accordance with this Agreement.
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5.3 General
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5.3.1 The construction cost of the entire Project (herein referred to as "construction
cost") means the total cost of the entire Project to OWNER, but it will not include
ENGINEER'S compensation and expenses, the cost ofland, rights-of-way, or
compensation for or damages to properties unless this Agreement so specifies, nor
will it include OWNER'S legal, accounting, insurance counseling or auditing
services, or interest and financing charges incurred in connection with the Project.
When construction cost is used as a basis for payment, it will be based on one of
the following sources with precedence in the order listed:
5.3.1.1
5.3.1.2
5.3.1.3
For completed construction, the total cost of all work performed
(excluding work by OWNER) as designed or specified by
ENGINEER.
For work not constructed, the lowest bona fide bid received from a
qualified bidder for such work; or if the work is not bid, the lowest
bona fide negotiated proposal for such work.
For work for which no such bid or proposal is received,
ENGINEER'S most recent opinion of probable project cost. Labor
furnished by OWNER for the Project will be included in the
construction cost at current market rates including a reasonable
allowance for overhead and profit. Materials and equipment
furnished by OWNER will be included at current market prices
except used materials and equipment will be included as if
purchased new for the Project. No deduction is to be made from
ENGINEER'S compensation on account of any penalty, liquidated
damages, or other amounts withheld from payments to
Contractor(s).
5.3.2 The "salary costs" used as a basis for payment mean the salaries and wages paid to
all personnel engaged directly on the Project, including, but not limited to,
engineers, architects, survey men, designers, draftsmen, specification writers,
estimators, other technical personnel, stenographers, typists and clerks; plus the
cost of customary and statutory benefits including, but not limited to, social
security contributions, unemployment, excise and payroll taxes, workmen's
compensation, health and retirement benefits, sick leave, vacation and holiday pay
applicable thereto. For the purposes of this agreement the amount of customary
and statutory benefits of all other personnel will be considered equal to thirty five
percent of salaries and wages.
5.3.3 Reimbursable expenses mean the actual expenses incurred directly or indirectly in
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connection with services provided under 5.1. 4 (excluding 5.1.4.4) of the Project
for: transportation and subsistence incidental thereto; obtaining bids or proposals
from Contractor(s); toll telephone and similar related items in addition to those
required under Section 1; computer tUne including an appropriate charge for
previously established programs; and, if authorized in advance by OWNER,
overtime work requiring higher than regular rates.
5.3.4 If OWNER fails to make payment for monthly invoices due ENGINEER for
services and expenses within 30 days after receipt of ENGINEER'S bill; therefore,
the amounts due ENGINEER shall include a charge at the rate of 1.5 percent per
month from said 30th day, and in addition ENGINEER may, after giving 7 days'
written notice to OWNER, suspend services under this Agreement until he has
been paid in full all amounts due him for services and expenses, except where
detailed in paragraph 5.2.1. If contract is terminated by reason of nonpayment of
fees as set out in this paragraph, a lump sum payment will be made for all salary
costs times a factor of 3 .25 and all direct expenses times a factor of 1.10. This
stipulation is applicable to payments due ENGINEER during the Project period.
5.3.5 Included in the basic fee are the following miscellaneous expenses such as but not
limited to telephone, reproduction, printing, et cetera, that are related to
performance of basic services.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Re-use of documents. All documents including drawings and specifications furnished by
ENGINEER pursuant to this Agreement are instruments of his services in respect of the
Project. They are not intended or represented to be suitable for re-use by OWNER or
others on extensions of the Project or on any other Project. Any re-use without specific
written verification or adaptation by ENGINEER will be at OWNER'S sole risk and
without liability or legal exposure to ENGINEER, and OWNER shall indemnify and hold
harmless ENGINEER for all claims, damages, losses and expenses including attorney's fee
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.
6.2 Estimate of Cost.
6.2.1 Since ENGINEER has no control over the cost oflabor, materials or equipment,
or over the Contractor(s) methods of determining prices, or over competitive
bidding or market conditions, his opinions of probable Project cost or construction
cost provided for herein are to be made on the basis of his experience and
qualifications and represent his best judgment as a design professional familiar with
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the construction industry, but ENGINEER cannot and does not guarantee that
proposals, bids or the construction cost will not vary from opinions of probable
cost prepared by him. If prior to the bidding or negotiating phase, OWNER wishes
greater assurance as to the construction cost, he shall employ an independent cost
estimator as provided in paragraph 3.6.
6.3 Dispute Resolution
6.3.1 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.
6.3.2 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 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 to attempt to resolve the
dispute.
6.3.3 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.
6.3.4 If the matter has not been resolved pursuant to the aforesaid mediation procedure
within sixty days of the commencement of such procedure, (which period may be
extended by mutual agreement), or if either party will not participate in such
procedure, the parties shall pursue amicable termination.
6.4 Successors and assigns. OWNER and ENGINEER each binds himself and his partners,
successors, executors, administrators, and assigns to the other party of the Agreement and
to the partners, successors, executors, administrators, and assigns of such other party in
respect to all covenants of this Agreement; except as above, neither OWNER nor
ENGINEER shall assign, sublet, or transfer his interest in this Agreement without the
written consent of the other. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of any public body which may be a party hereto,
nor shall it be construed as giving any rights or benefits hereunder to anyone other than
OWNER or ENGINEER.
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SECTION 7 - SPECIAL PROVISIONS
7.1 OWNER and ENGINEER agree that this Agreement is subject to the following special
provisions which together with the provisions hereof and the exhibits and schedules hereto
represent the entire Agreement between OWNER and ENGINEER: they may only be
altered, amended or repealed by a duly executed written instrument.
7.1.1 The OWNER shall have right of approval and removal of Resident Project
Flepresentative.
7.1.2 The OWNER shall receive written copies of all correspondence from the
ENGINEER related to the Project including daily construction progress reports.
7.1.3 ENGINEER shall have final responsibility for maintaining and preparing accurate
record drawings of all construction; said record drawings will be based on
information supplied by Contractor. Record drawings will be submitted to the
OWNER (originals or sepias) within three months after completion of construction
contracts.
7.1.4 Both parties recognize that it may be advantageous to divide the Project into two
or more parts for bidding and construction.
7. 1. 5 It is hereby declared to be the intent of the maker hereof to create and covenant
each separate provision hereof independently in its operative effect of all other
provisions, and the fact that any article, section, paragraph, sentence, clause, word
or part of this instrument shall be declared invalid or unconstitutional by final
judgment of any court of competent jurisdiction shall in no event effect any other
article, section, paragraph, sentence, clause, word, or part of this instrument, and it
is hereby declared to be the intent of the maker hereof to have created and
covenanted each article, section, paragraph, sentence, clause, word, or part thereof
irrespective of the fact that any other article, section, paragraph, sentence, clause,
word or part thereof may be thus declared invalid or unconstitutional.
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IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the
day and year first above written.
OWNER:
CITY OF LA PORTE, TEXAS
BY:It~,-
, Norman Malone
Mayor
By:
ATTEST:
BY~~
Martha Gillette
City Secretary
~~
Charles W. Beere, P.E.
SecretaryITreasurer
-.........
APPROVED AS TO FORM:
(Seal)
17
DEPARTMENT OF PUBLIC WORKS AND ENGINEERING
~urves of Median Compensation
e. CURVES A AND B
..... ... ...... .. . __.. 0- ___ .
Richard C. Scott, P.E.
Deputy Director I City Engineer
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City of Houston
Department of Public Works
and Engineering
TYPICAL ASSIGNMENTS OF PROJECTS
Curve A
Curve A is intended to apply to assignments of which the following are typical examples:
Water, wastewater and industrial waste treatment plants (not to include Rehabilitation)
Low Cost, or complicated, waterfront and marine terminal facilities
Complicated darns and hydro-power installations
Bridges
Grade crossing eliminations
Urban streets and freeways, included related drainage facilities
Water distribution lines under 24-inch diameter
Pumping stations
Air pressure tunnels
Swimming pools
Foundations
Stormwater detention facilities requiring TNRCC permits
Roads and streets (reconstruction)
Storm sewers and drains less than 42-inches in diameter
Curve B
Curve B is intended to apply to less complicated assignments of which the following are examples:
Large intercepting and relief sewers
Large intercepting storm sewers and drainage structures
Sanitary sewage collection lines 24-inch diameter and over
Water distribution lines 24-inch diameter and over
Dams of average complexity
Airport paving and grading
Irrigation works, except pumping plants
Railways
Levees and flood walls, conventional
Sewer and water tunnels (free air)
Earthwork and dredging
Highways and rural roads, except low-cost rural roads
High cost wharf facilities of conventional design
Retaining walls and bulkhead, conventional
Roads and streets (new construction)
Stonnwater detention facilities requiring only local approvals
testing.
ATIACHMENT B