HomeMy WebLinkAboutO-2005-2822
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: S. Gillett
Agenda Date Requested:
Appropriation
Source of Funds:
GEN904
Department:
Public Works
Account Number: 015-9892-904-1100
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits:
Ordinance
Amount Requested: $161,000
Exhibits:
Al!:reement with Huitt~ZoIlars
Budgeted Item: YES
Exhibits:
RFQ Evaluation
SUMMARY & RECOMMENDATION
The decision by the City to use the design-build method for the proposed Police Facility requires that
specific steps be taken to comply with current state law. State law (Section 271-119 Local Government
Code) specifically requires that the governmental entity utilizing design-build shall select or designate an
engineer or architect independent of the design-build firm to act as its representative for the duration of
the project. If the engineer or architect is not a full-time employee, the entity shall select a consultant
based on demonstrated competence and qualifications. The City does not currently employ an engineer or
architect (defined as registered with the state). The City also has no experience with design-build.
Qualification statements were received from three (3) firms experienced in Program Management of
design-build projects. A selection committee reviewed the qualifications and ranked each firm based on
the criteria outlined in the Request For Qualifications (RFQ). The ranking form and recommendation is
attached. The top-ranked firm was identified as Huitt~Zollars, an engineering firm in Houston that has
extensive experience with design-build program management. Huitt~Zollars was requested to submit a
proposal to perform program management services to the city for this Project. The proposal is a part of
the attached agreement. An outline ofthe scope and cost is listed below:
· Request for Proposal Preparation Phase $ 75,000
· Design-Builder Proposal Evaluation Phase $ 23,000
· Design Development and Construction Phase $ 33,000
· Construction Administration Phase $ 30,000
Total $161,000
Lump Sum
Hourly, Not to Exceed
Hourly, Not to Exceed
Hourly, Not to Exceed
With an estimated construction cost of $7M+, this contract represents approximately 2.3% of the total.
The preparation and evaluation of the Request for Proposals is as critical as the actual design-construction
of the project.
Action Required bv Council: Approve an ordinance authorizing the City Manager to execute an
agreement with Huitt~Zollars to perform Program Management services for the Policy Facility Project at
a cost not to exceed $161,000.
cJ1Ma
4---& - () 5
Debra Feazelle, Ci
Date
ORDINANCE NO. 2005- (
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND HUITT-ZOLLARS, INC., TO PROVIDE PROGRAM
MANAGEMENT SERVICES FOR THE NEW POLICE FACILITY, APPROPRIATING THE
SUM NOT TO EXCEED $161, 000 . 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, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
City Council appropriates the sum not to
exceed $161,000.00 from City of La Porte Fund Project No. GEN 904,
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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of April, 2005.
By:
CITY OF LA PORTE
~~~~
Alton E. Porter
Mayor
ATTEST:
~iJ#~l~t(:tw/
City Secretary
APP~zJ.~
Knox W. Askins
City Attorney
2
HUITT-ZOLlARS. INC. . 1500 South Dairy Ashford . Suite 200 . Houston, TX 77077-3858 . 281.496.0066 phone . 281.496.0220 fax . huitt-zollars.com
Letter of Transmittal
Date:
03/30/05
Project No.:
ATTENTION:
Mr. Stephen L. Gillett. Director of Public Works
REFERENCE:
Standard Form of Aqreement
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City of La Porte
2963 North 23rd Street
MAR 3 1 Z005
TO:
La Porte. TX 77571
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WE ARE SENDING YOU:
o Shop Drawings
o Copy of letter
[8] Attached
o Prints
o Change Order
o Under a separate cover
o Plans 0 Specifications
o Samples D
Copies
2
Date
03/30/05
No.
Description
Standard Form of Agreement
THESE ARE BEING TRANSMITTED as checked below:
[8] For approval 0 Approved as submitted D Resubmit
D For your use 0 Approved as noted D Submit
o As requested D Returned for corrections D Return
D For review and comment D
D FOR BIDS DUE 20_ 0 PRINTS RETURNED AFTER LOAN TO US
copies for approval
copies for distribution
corrected prints
REMARKS:
Please find enclosed two (2) original contracts for your review and further processing. Please
contact me with any questions. Thank you.
COPY TO: Alp
SIGNED BY:~ t;~
STANDARD FORM OF AGREEMENT
BETWEEN CITY OF LA PORTE, TEXAS AND HUITT-ZOLLARS, INC.
STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT, made the J Wl-day of April, 2005 by and between City of La Porte, Texas, hereinafter
called the "City", and Huitt-Zollars, Inc., a corporation existing under the laws ofthe State ofTexas, hereinafter
called the "Huitt-Zollars".
WITNESSETH, that whereas the City intends to retain the services of Huitt-Zollars to perform program
management services for the City's Design-Build new Police Station, such improvements being hereinafter
called the "Project".
NOW, THEREFORE, the City and the Huitt-Zollars, in consideration of the mutual covenants and agreements
herein contained, do agree as follows:
1. EMPLOYMENT OF Huitt-Zollars: The City agrees to employ the Huitt-Zollars and the Huitt-Zollars
agrees to perform the professional services in connection with the Project in La Porte, Texas and for
having rendered such services, the City agrees to pay to the Huitt-Zollars compensation as stated in the
sections to follow:
2. CHARACTER AND EXTENT OF SERVICES: The character and extent of services to be provided by the
Huitt-Zollars shall be as defined in Attachment A to this Agreement.
3. GENERAL CONDITIONS OF AGREEMENT: The parties to this Agreement shall be subject to the
General Conditions of Agreement, attached hereto and referred to as Attachment B. In the event of any
differences between the terms of this Agreement and the General Conditions, the provisions of this
Agreement shall control. Huitt-Zollars's obligations under this Agreement run to and are for the benefit of
only the City. This Agreement, with Attachments, represents the entire and integrated agreement
between the City and Huitt-Zollars and supersedes all prior negotiations, representations or agreements,
and terms and conditions on Purchase Order, either written or oral. This Agreement may be amended
only by written instrument signed by both the City and Huitt-Zollars.
4. FEES: For, and in consideration of, the services to be rendered by the Huitt-Zollars, the City shall pay,
and the Huitt-Zollars shall receive in Houston, Texas the fees set forth in the Attachment C - Schedule of
Fees to this Agreement.
5. ADDRESS OF NOTICES AND COMMUNICATIONS: All notices and communications under this
Agreement to be mailed or delivered to the Huitt-Zollars shall be sent to the following address:
Huitt-Zollars, Inc.
1500 Dairy Ashford, Suite 200
Houston, Texas 77077
Attn: Gregory R. Wine, P.E.
Vice President/Office Manager
All notices and communications under this Agreement to be mailed or delivered to the City shall be sent
to the following address:
City of La Porte
2963 North 23rd Street
La Porte, Texas 77571
Attn: Stephen L. Gillett
Director of Public Works
6. SPECIAL PROVISIONS:
IN TESTIMONY OF WHICH, this instrument has been executed on the day and year first above written.
Accepted
Proposed and Agreed to
City of La Porte
Huitt-Zollars, Inc. t
~ I!-vJ~
By: Gregory R. Wine, P.E.
By: o/l!MtJ 11~(}~
nle:~.
Attest:
Title: Vice President/Office Manager
Attest:~
ATTACHMENT A
SCOPE OF SERVICES
I. REQUEST FOR PROPOSAL PREPARATION PHASE
A. Huitt-Zollars, Inc. (Huitt-Zollars) shall review, discuss and assist the City of La Porte
(City) in the refinement of the existing Architectural Program Report (APR) to be
used as the basis for the Request For Proposal (RFP) that will be issued to the
Design-Builders (D-Bs). This effort may include, but is not limited to, the following.
1. Meet with the City's PM and others, as designated by City's PM, for formulation
and refinement of the APR. The Huitt-Zollars should allow for one meeting for
this effort.
B. The Huitt-Zollars shall prepare the design guideline and technical specifications for
the RFP. This effort shall include the following.
1. Provide recommendations to City's PM for geotechnical investigation services to
be provided by Others under separate contract with the City. This effort shall
include a limited number of borings to provide D-Bs with a "snap shot" of geology
that may be encountered on the site.
2. Provide recommendations to the City's PM for survey services to be provided by
Others under separate contract with the City.
3. Prepare drawings necessary to properly convey the requirements of the project.
Drawings shall include only a schematic site layout with utility connections
identified and floor plan.
4. Prepare Section 01010 - Design Guideline (DG) and Division 1 -16 Technical
Performance Specifications (TPS) for the architectural and engineering elements
of the project. The DG will be a comprehensive document that identifies the
overall scope of the project.
II. DESIGN-BUILDER PROPOSAL EVALUATION PHASE
A. The Huitt-Zollars shall, as requested and on an hourly basis, assist with the review
and evaluation of the D-Bs proposals. Final selection of the "best value" D-B will lie
solely with the City. This will be accomplished via a selection committee composed
of City employees. The PM's effort includes the following.
1. Evaluate technical and managerial elements of each D-B proposal and rank in
accordance with criteria established in the RFP and in a format approved by
City's PM.
2. Evaluate the Schematic Design element of each D-B proposal and rank in
accordance with criteria established in the RFP and in a format approved by
City's PM.
A-1
3. Review any value engineering proposals included in a proposal and provide a
written evaluation to City's PM.
4. Review and comment on submitted proposed construction schedule and any
assumptions upon which the schedule is based.
III. DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENT PHASES
A. The Huitt-Zollars shall, as requested and on an hourly basis, assist the City's PM
with the design development phase of the project. This effort may include the
following.
1. Provide technical review of plans and specifications submittals (architectural and
engineering) at each submittal phase. It is anticipated design submittals will be
required at 50%, 70% and 95% stage of completion. The Huitt-Zollars's technical
review shall ensure the materials and systems proposed by the D-B meet the
performance and quality criteria set forth in the contract documents. The
technical review shall also include review for compliance with any applicable
provisions, rules, regulations, standards and codes of any authority or agency
having jurisdiction over any element of the project. Format for review comments
submittal shall require approval by City's PM.
2. Evaluate D-B value engineering proposals, if any, and advise City on the merits
and disadvantages, if any, of each proposal. This shall include advising City of
any changes to the requirements of the contract documents which may be
required by acceptance of a value engineering proposal.
3. Review and reconcile all estimates and updates and provide a written report to
City's PM identifying any variance and underlying cause for variance. This
service will include discovery of unknown site conditions, changes in market
conditions for labor and materials, unanticipated requirements of an agency of
governing authority which has jurisdiction over any element of the project, owner
requested change to the project scope, etc. Provide the written report within 14
calendar days of receipt of a cost estimate.
4. Track and report on the D-B actual progress versus scheduled progress and
notify City's PM of any project issues that may arise which could impact the
orderly progress of the project.
5. Attend any design development review meeting with governmental authorities,
utility providers, etc. concerning regulatory compliance issues for utilization,
access, and providing utilities to any site, etc. Provide a copy of meeting notes to
City's PM within 3 calendar days of any meeting.
6. The Huitt-Zollars shall consult freely with City's PM during this phase of the
project and shall immediately advise him of any unusual requirements or features
not apparent during formulation of the project requirements that may impact
schedule and budget.
A-2
IV. CONSTRUCTION ADMINISTRATION PHASE
A. The Huitt-Zollars shall, as requested and on an hourly basis, provide services to the
City's PM during the construction phase of the project. This effort may include, but is
not limited to, the following.
1. Conduct periodic site visits to observe the construction of the project.
Observations are to determine that the workmanship, quality of materials, and
system(s) performance are in general conformance with the requirements of the
plans and specifications. Observation shall be provided by personnel technically
qualified by education and experience to competently observe such work.
2. Provide a written report on all site visits and submit to the City within 7 calendar
days of site visit. Copies shall be submitted in hard copy and electronic format.
Electronic format may be submitted as attachments to e-mail.
3. Review technical submittals, shop drawings, catalog data, laboratory, shop and
mill test reports of materials and equipment for general conformance with design
concepts.
4. Provide independent cost estimates and evaluation of any proposed changes to
the project either provided by the D-B as a "value engineering" proposal or as
requested by City as a project enhancement/modification. This is to include
assisting City, as requested, with negotiations for any proposed change
determined by City to add value to the project.
5. Upon receipt of notification by the D-B that the work or a portion thereof as
specified in the contract documents has been completed, the Huitt-Zollars and
City shall conduct an inspection, performed by the appropriate members of his
staff and/or affiliates and shall prepare a list of the items needing correction.
After the D-B has performed the required corrections satisfactory to the City, a
final inspection will be conducted. The Huitt-Zollars shall accompany City on the
final inspection to assure that the work or portion thereof has been completed in
accordance with the requirements of the Contract Documents. The Huitt-Zollars
shall review all warranties, guarantees, bonds, equipment operating manuals,
etc. to ensure that all documents are received and that they meet the
requirements of the Contract Documents, after which they shall be transmitted to
City. The Huitt-Zollars shall direct and attend the operational training sessions
designed to teach and assist the City's Maintenance personnel in the safe and
thorough repair and maintenance of the buildings, equipment and systems.
6. The Huitt-Zollars shall recommend to the City, once all contract requirements
have been satisfied by the D-B, beneficial occupancy.
A-3
ATTACHMENT B
GENERAL CONDITIONS OF AGREEMENT
BETWEEN CITY OF LA PORTE (City) AND HUITT-ZOLLARS, INC. (Huitt-Zollars)
1. STANDARD TERMS FOR ARCHITECTURAL, ENGINEERING, PLANNING AND
TECHNICAL SERVICES:
A. "Salary Cost' is defined as the cost of actual salaries of architects, engineers,
planners, draftsmen, clerks, stenographers, surveyors, etc., for time directly
chargeable to the project.
B. "Subcontract Expense" is that incurred by the Huitt-Zollars in employment of
outside firms for services (if not obtained directly by City), such as soil borings
and tests, surveying, aerial photography, construction of physical models, and
similar services. "Direct Non-labor Expense" is that incurred by the Huitt-Zollars
for supplies, transportation, tolls, parking fees, equipment, travel,
communications, xerox copies, faxes, printing of drawings and specifications,
postage, subsistence and lodging away from home, and similar incidentals in
connection with the Project. Those subcontract expenses and direct non-labor
expenses authorized by the City and defined as "Additional Services," shall be
reimbursed to the Huitt-Zollars as speCified in Attachment C - Schedule of Fees.
C. "Construction Cost" (applied where fees for basic services are expressed as a
percentage of "Construction Costs") is the total cost of Project facilities
authorized and handled in each separate phase of basic services; excluding
costs for Huitt-Zollars services, legal services, the costs of lands and rights-of-
way; but including the total cost for completed construction (including
modifications, and/or additions). The construction cost amount may vary from
one phase to the next, depending upon work authorized by the City.
Construction cost definition also includes cost of work authorized for design but
not constructed. For work not constructed, such as suspended work or
alternates not elected, the lowest bona fide bid received from a qualified bidder
will be the construction cost, or if no bids have been received, then the Huitt-
Zollars's estimate shall be used as a measure of construction cost. labor
furnished by the City for the project shall be included in the construction cost at
current market prices. Materials and equipment furnished by the City shall be
included at current market prices, except that used materials and equipment shall
be included as if purchased new for the Project. Where percentage fees are
obtained from a table or graph, a separate percentage fee shall be determined
and used for each separate construction contract for which separate designs and
construction documents are prepared.
2. COORDINATION WITH THE CITY:
The Huitt-Zollars shall hold periodic conferences with the City, or his representatives, to
the end that the Project, as it progresses, shall have benefit of the City's experience and
knowledge of existing needs and facilities, and be consistent with his current policies
and construction standards. To implement this coordination, the City shall make
available to the Huitt-Zollars, for use in planning the Project, all existing plans, maps,
field notes, statistics, computations and other data in his possession relative to existing
facilities and to the Project. The City shall furnish all legal, accounting and insurance
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counseling services, land survey information, soils and laboratory testing, and other
special consultants including, but not limited to, asbestos, hazardous and toxic materials
management as required. The Huitt-Zollars shall be entitled to rely on the completeness
and accuracy thereof. If the City observes, or otherwise becomes aware of any fault or
defect in the Project, prompt written notice thereof shall be given by the City to the Huitt-
Zollars.
3. FEES:
For, and in consideration of, the services to be rendered by the Huitt-Zollars, the City
shall pay, and the Huitt-Zollars shall receive the fees set forth, for the indicated phases
of the work. Basis of compensation may be lump sum, percentage of construction cost,
cost-plus, multiplier of salary costs, or other basis. (See Attachment C - Schedule of
Fees.) Where the fee is based on percentage of construction cost, the fee for each
separate phase shall be based on the construction cost of all work authorized by the City
to be designed or handled by the Huitt-Zollars in each Phase, in accordance with this
Agreement, with construction cost being based on the lowest acceptable proposal or
lowest bona fide bid if no award is made. Where no proposals or bona fide bids are
received, the Huitt-Zollars's estimates shall be the basis for final payment for the Design
Phases.
Unless otherwise specified, fees shall be paid to the Huitt-Zollars in Houston, Texas, in
accordance with monthly billings based upon the estimates of work performed and
expenses incurred during that month. Any payments not made within thirty (30) days on
invoices rendered shall be subject to a charge for interest at the maximum legal rate,
beginning 30 days after the date of the invoice. Failure to make payments when due
shall entitle Huitt-Zollars to suspend services. The Huitt-Zollars's final payment is due
and payable upon issuance of Certificate of Completion or upon substantial completion
of the construction, and after the Huitt-Zollars has performed final inspection and
provided the City and Contractor a final checklist of minor items to be completed. No
deductions shall be made from the Huitt-Zollars's compensation on account of penalty,
liquidated damages, or other sums withheld from payments to contractors, or on account
of damages or cost of changes in the Work other than those for which the Huitt-Zollars is
adjudicated legally liable.
4. REVISION TO DRAWINGS AND SPECIFICATIONS:
Where lump sum or percentage fees are paid for defined basic services, the Huitt-Zollars
will make, without expense to the City, such revisions of the preliminary drawings as
may be required to meet the needs of the City, but after a definite plan has been
approved by the City, if a decision is subsequently made which for its proper execution,
involves added services and expenses for changes in, or additions to, the drawings,
specifications or other documents, or if the Huitt-Zollars is put to labor or expense by
delays imposed on him from causes not within his control, such as the readvertisement
of bids or by the delinquency or insolvency of contractors, the Huitt-Zollars shall be
compensated for such added services and expense, which services and expense shall
not be considered as covered by the basic fees stipulated in the Agreement.
Compensation for such added services and expense shall be made in accordance with
the terms for "Additional Services". It is anticipated that inspection services, if provided,
will be performed over a period not exceeding the construction time included in the
specifications or bid forms, plus 30 days.
B-2
5. OWNERSHIP OF DOCUMENTS:
It is understood that the Huitt-Zollars is preparing documents for a specific installation,
rather than standard documents for repetitive multiple use. Therefore, all documents,
including original drawings, estimates, specifications, field notes and data are and
remain the property of the Huitt-Zollars as instruments of service. The City may obtain,
upon payment of fees due the Huitt-Zollars, reproducible copies of drawings, and copies
of other documents, in consideration of which it is mutually agreed that the City will use
them solely in connection with the Project, and shall not authorize their use on other
projects, except by written agreement with the Huitt-Zollars.
6. TERMINATION; SUSPENSION OF WORK:
The City may, at its discretion, terminate the work or indefinitely suspend the work under
this Agreement, by giving a seven-day written notice. In such event, the City shall
assume all obligations, commitments and claims that the Huitt-Zollars may have
theretofore in good faith undertaken or incurred in connection with the Project.
If the Project is terminated, abandoned or suspended upon completion of any phase of
the Huitt-Zollars services, payment will be made as outlined in the Schedule of Fees, for
each phase. If the Project is terminated or abandoned, or is suspended for more than
three months during any phase of the work, the Huitt-Zollars shall be paid for services
rendered during such phase on the basis of his reasonable estimate of the portion of
such phase completed prior to suspension of the Project. The Huitt-Zollars shall be
equitably paid for services rendered prior to effective termination notice date and for
reasonable termination expenses.
7. PROFESSIONAL RESPONSIBILITIES:
Services will be performed in accordance with sound and generally accepted principles
as expeditiously as is consistent with professional skill and care and the orderly progress
of the work. The Huitt-Zollars shall not be liable for any indirect or consequential loss or
damage arising out of the performance of services hereunder, including, but not limited
to loss of profit or business interruption, whether caused by negligence of the Huitt-
Zollars or otherwise. The Huitt-Zollars shall use reasonable and acceptable methods in
preparing designs and cost estimates and in providing Construction Phase Services
(where required) but does not serve as guarantor and shall not be responsible for bids
varying above or below estimates, or for the Construction Contractor's failure to perform
the work in accordance with the Construction Documents. Revisions to Contract
Documents during the Construction Phase resulting in added construction work are not
unusual. Therefore, reasonable Construction Phase contingency reserve funds should
be established by the City. On fast-track projects with multiple construction packages
and accelerated schedules, reduced escalation accrues as a benefit to the City, and the
City should anticipate increased changes during construction to effect interface between
bid packages and to resolve design ambiguities and conflicts.
The Huitt-Zollars shall be included as additional insured, where construction is involved,
on the Builder's Risk policy (on All-Risk Basis) and on City's Protective Liability Policy.
The Huitt-Zollars shall not have control of or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or safety
precautions and programs in connection with the activities of the Construction
Contractor.
B-3
As to warranty of, or patent indemnity on, items of machinery, equipment, or other products
manufactured by others, or work of construction contractors, subcontractors, or
manufacturers, the Huitt-Zollars's responsibility with respect thereto is limited to the
assignment by the Huitt-Zollars to the City of the Construction Contractor's (or
manufacturer's) warranty, guaranty, or patent indemnity, and the Huitt-Zollars agrees to
cooperate with the City in the enforcement thereof.
8. LIMITATION OF LIABILITY:
To the fullest extent permitted by law, and not withstanding any other provision of this
Agreement, the total liability, in the aggregate, of the Huitt-Zollars and the Huitt-Zollars's
officers, directors, partners, employees and subconsultants, and any of them, to the City
and anyone claiming by or through the City, for any and all claims, losses, costs or
damages, including reasonable attorney's fees and costs and expert-witness fees and costs
of any nature whatsoever or claims expenses resulting form or in any way related to the
Project or the Agreement from any cause or causes shall not exceed the total
compensation received by the Huitt-Zollars under this Agreement. It is intended that this
limitation apply to any and all liability or cause of action however alleged or arising, unless
otherwise prohibited by law.
9. FORCE MAJEURE:
The Huitt-Zollars shall not be responsible or liable for any loss, damage, or delay caused by
force majeure, which shall include riot, insurrection, embargo, fire or explosion, the
elements, act of God, epidemic, war, vandalism or sabotage, earthquake, flood, strike,
boycott, picketing, act of any government official or agency - civil or military, unavoidable
accident, unlawful act of third parties, or any cause, whether or not similar to the foregoing,
which is beyond the Huitt-Zollars's reasonable control.
10. MISCELLANEOUS PROVISIONS:
A. Unless otherwise specified, this Agreement shall be governed by the law of the
principal place of business of the Huitt-Zollars.
B. As between the parties to this Agreement; as to all acts or failures to act by either
party to this Agreement, any applicable statute of repose and limitations shall
commence to run and any alleged cause of action shall be deemed to have accrued
in any and all events not later than the relevant date of Substantial Completion of
the Work (as defined in the Construction Specifications).
C. The City and the Huitt-Zollars waive all rights against each other and against the
employees of the other for damages covered by any property insurance under the
Project Construction Specifications.
11. SUCCESSORS AND ASSIGNMENTS:
The City and the Huitt-Zollars 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 the Agreement. Except as above, neither the City nor the Huitt-Zollars shall
assign, sublet, or transfer his interest in the Agreement without the written consent of the
other, and they further agree that the Agreement represents the entire understanding of the
City and Huitt-Zollars and cannot be changed, added to or modified in any way except by
B-4
an instrument in writing signed by the City and by the Huitt-Zollars. The City and Huitt-
Zollars agree to the full performance of the covenants contained herein.
12. DISPUTE RESOLUTION
A. In an effort to resolve any conflicts that arise during the design and construction of
the Project or following the completion of the Project, the City and the Huitt-Zollars
each agree that all disputes between them arising out of or relating to this
Agreement or the Project shall be submitted to nonbinding mediation unless the
parties mutually agree otherwise.
B. The City and the Huitt-Zollars further agree to include a similar mediation provision
in all agreements with independent contractors and consultants retained for the
Project and to require all independent contractors and consultants also to include a
similar mediation provision in all agreements with their subcontractors,
subconsultants, suppliers and fabricators, thereby providing for mediation as the
primary method for dispute resolution between the parties to all those agreements.
B-5
ATTACHMENT C
SCHEDULE OF FEES
1.0 COMPENSATION FOR BASIC SERVICES
1.1 Huitt-Zollars, Inc.'s compensation, for the Basic Services described in Attachment A,
shall be as follows:
1.1.1 RFP Preparation Phase
1.1.2 D-B Proposal Evaluation Phase
1.1.3 DD & CD Phases
1.1.4 Construction Admin Phase
$ 75,000.00 Lump Sum
$ 23,000.00 HNTE
$ 33,000.00 HNTE
$ 30,000.00 HNTE
1.2. Invoices will be submitted monthly based upon percentage of work completed for
Lump Sum tasks.
1.3. Hourly Not to Exceed (HNTE) Services, if authorized by the City of La Porte
(City), shall be paid monthly on an hourly not-to-exceed basis as stated on
Standard Fee Schedule in Attachment D.
2.0 COMPENSATION FOR ADDITIONAL SERVICES
2.1. Because the effort required for some items of work varies considerably from
project to project, and because some items of work are sometimes provided
separately by the City, these services are not included as part of Basic Services
and are compensated for as Additional Services.
2.2 Additional Services, if authorized by the City, shall be paid monthly on an hourly
not-to-exceed basis as stated on Standard Fee Schedule in Attachment D.
C-1
Attachment D
HUITT -2OLlARS
HOURLY RATE SHEET
Professional Survey
Principal-In-Charge. . . . . . . . . . . . . . $ 175.00 Survey Manager. . . . . . . . . . . . . . $ 122.00
Sr. Project Manager. . . . . . . . . . . . . $ 170.00 Sr. Project Surveyor. . . . . . . . . . . . $ 116.00
Project Manager. . . . . . . . . . . . . . . . $ 155.00 Project Surveyor. . . . . . . . . . . . . . $ 93.00
QAlQC Manager. . . . . . . . . . . . . . . . $ 155.00 Surveyor Intern. . . . . . . . . . . . . . . $ 82.00
Sr. Civil Engineer. . . . . . . . . . . . . . . $ 160.00 Survey Technician. . . . . . . . . . . . . $ 80.00
Sr. Structural Engineer. . . . . . . . . . . $ 170.00
Sr. Mechanical Engineer. . . . . . . . . . $ 165.00 Survey Crews
Sr. Electrical Engineer. . . . . . . . . . . $ 165.00
Civil Engineer. . . . . . . . . . . . . . . . . $ 135.00 1-Person Survey Crew. . . . . . . . . . $ 70.00
Structural Engineer. . . . . . . . . . . . . $ 173.00 2-Person Survey Crew. . . . . . . . . . $ 110.00
Mechanical Engineer. . . . . . . . . . . . $ 155.00 3-Person Survey Crew. . . . . . . . . . $ 145.00
Electrical Engineer. . . . . . . . . . . . . . $ 155.00 1-Person Survey Crew-GPS. . . . . . . $ 120.00
Plumbing Engineer. . . . . . . . . . . . . . $ 130.00 2-Person Survey Crew-GPS. . . . . . . $ 162.00
Engineer Intern. . . . . . . . . . . . . . . . $ 98.00 3-Person Survey Crew-GPS. . . . . . . $ 200.00
Sr. Architect. . . . . . . . . . . . . . . . . . $ 142.00
Architect. . . . . . . . . . . . . . . . . . . . . $ 132.00 Construction
Architect Intern. . . . . . . . . . . . . . . . $ 85.00
Sr. Landscape Architect. . . . . . . . . . $ 115.00 Construction Manager. . . . . . . . . . $ 135.00
Landscape Architect. . . . . . . . . . . . . $ 85.00 Resident Engineer. . . . . . . . . . . . . $ 125.00
Landscape Architect Intern. . . . . . . . $ 75.00 Resident Project Representative. . . $ 85.00
Sr. Planner. . . . . . . . . . . . . . . . . . . $ 165.00
Planner. . . . . . . . . . . . . . . . . . . . . . $ 150.00 Administrative
Planner Intern. . . . . . . . . . . . . . . . . $ 87.00 Project Support. . . . . . . . . . . . . . . $ 56.00
Sr. Environmental Scientist. . . . . . . . $ 115.00
Environmental Scientist. . . . . . . . . . . $ 85.00 Reimbursable Expenses
Sr. Designer. . . . . . . . . . . . . . . . . . . $ 115.00
Designer. . . . . . . . . . . . . . . . . . . . . . $ 102.00 Outside Services. . . . . . . . . . . . . . Cost + 10%
Sr. CADD Technician. . . . . . . . . . . . . . $ 105.00 Consultants. . . . . . . . . . . . . . Cost + 10%
CADD Technician. . . . . . . . . . . . . . . . . $ 78.00 Mileage. . . . . . . . . . . . . . . . . . . . $0.405/mile
Rates effective until December 31, 2005.
STANDARD FORM OF AGREEMENT
BETWEEN CITY OF LA PORTE, TEXAS AND HUITT-ZOLLARS, INC.
STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT, made thel {~ay of April, 2005 by and between City of La Porte, Texas, hereinafter
called the "City", and Huitt-Zollars, Inc., a corporation existing under the laws of the State of Texas, hereinafter
called the "Huitt-Zollars".
WITNESSETH, that whereas the City intends to retain the services of Huitt-Zollars to perform program
management services for the City's Design-Build new Police Station, such improvements being hereinafter
called the "Project".
NOW, THEREFORE, the City and the Huitt-Zollars, in consideration of the mutual covenants and agreements
herein contained, do agree as follows:
1. EMPLOYMENT OF Huitt-Zollars: The City agrees to employ the Huitt-Zollars and the Huitt-Zollars
agrees to perform the professional services in connection with the Project in La Porte, Texas and for
having rendered such services, the City agrees to pay to the Huitt-Zollars compensation as stated in the
sections to follow:
2. CHARACTER AND EXTENT OF SERVICES: The character and extent of services to be provided by the
Huitt-Zollars shall be as defined in Attachment A to this Agreement.
3. GENERAL CONDITIONS OF AGREEMENT: The parties to this Agreement shall be subject to the
General Conditions of Agreement, attached hereto and referred to as Attachment B. In the event of any
differences between the terms of this Agreement and the General Conditions, the provisions of this
Agreement shall control. Huitt-Zollars's obligations under this Agreement run to and are for the benefit of
only the City. This Agreement, with Attachments, represents the entire and integrated agreement
between the City and Huitt-Zollars and supersedes all prior negotiations, representations or agreements,
and terms and conditions on Purchase Order, either written or oral. This Agreement may be amended
only by written instrument signed by both the City and Huitt-Zollars.
4. FEES: For, and in consideration of, the services to be rendered by the Huitt-Zollars, the City shall pay,
and the Huitt-Zollars shall receive in Houston, Texas the fees set forth in the Attachment C - Schedule of
Fees to this Agreement.
5. ADDRESS OF NOTICES AND COMMUNICATIONS: All notices and communications under this
Agreement to be mailed or delivered to the Huitt-Zollars shall be sent to the following address:
Huitt-Zollars, Inc.
1500 Dairy Ashford, Suite 200
Houston, Texas 77077
Attn: Gregory R. Wine, P.E.
Vice PresidenUOffice Manager
All notices and communications under this Agreement to be mailed or delivered to the City shall be sent
to the following address:
City of La Porte
2963 North 23rd Street
La Porte, Texas 77571
Attn: Stephen L. Gillett
Director of Public Works
6. SPECIAL PROVISIONS:
IN TESTIMONY OF WHICH, this instrument has been executed on the day and year first above written.
Accepted
Proposed and Agreed to
City of La Porte
HUitt-Z;Z' ~nc ~ ~
By: ~ine, P.E.
By: tJ011M~(f~
~
Title: r
Attest: . ~Ad
Title: Vice PresidenUOffice Manager
Attest: ~