HomeMy WebLinkAboutO-2006-2951L
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested;October 23 2006
Requested By: S. Gillett
Department: Public Works
Report: Resolution: Ordinance: XX
Exhibits: Ordinance
Exhibits: Agreement for Professional Services
Exhibits:
Appropriation
Source of Funds:
Fund 003
Account Number:
003-9890-934-1100
Amount Budgeted:
$350,000
Amount Requested: $50,850
Budgeted Item:
YES
SUMMARY & RECOMMENDATION
The City of La Porte has selected the firm of LJA Engineering & Surveying, Inc. to design the
installation of various waterlines in the Spenwick area. Phase I of the Project will complete the
installation of new waterlines for the area, including lines along Bayer, Hillsdale, Montgomery,
Catlett, Belfast and Creel Court. Phase II (scheduled for FY 2007-08) will reroute water services
from the rear to the front of each residence.
The Engineer (formerly Wayne Smith Engineering) recently designed the Bay Area Blvd. Trunk
Sewer Project. Additionally, the firm has municipal experience with rerouting private service
lines for public agencies. The Agreement with the Engineer is as follows:
Preliminary/Design Phase $31,120
Bidding Phase 2,460
Construction Phase 2,770
Total Basic Services $36,350
Additional Services (Survey) $14,500
TOTAL ENGINEERING
$50,850
Action Required by Council: Approve Ordinance authorizing the City Manager to execute an
agreement with LJA Engineering & Surveying, Inc. to provide professional engineering services
for waterline installation in the amount of $50,850.
Approved for City Council Agenda
('.�47 - " O// p
Jo Joern , rim ity Manager Da e
ORDINANCE NO. 2 0 0 6- Aq 5 l
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND LJA ENGINEERING & SURVEYING, INC., TO PROVIDE
ENGINEERING SERVICES FOR THE INSTALLATION OF WATERLINES IN THE
SPENWICK AREA1 APPROPRIATING THE SUM NOT TO EXCEED $50,850.00, TO
FUND SAID CONTRACTI MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECTI FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWy 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 $50,850.00 from City of La Porte Utility Capital Improvement
Fund (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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 23rd day of October, 2006.
ATTEST:
Ma t a A. Gillett
City Secretary
APPROVED:
r c
Z4�)
Knox W. Askins
City Attorney
CITY OF LA PORTE
By:
Alton E. Porter
Mayor
2
WA Engineering & Surveying, Inc. `LA
11821 East Freeway Phone 713.450.1300
Suite 400 Fax 713.450.1385
Houston, Texas 77029 www.ijaengineering.com
October 4, 2006
Mr. Stephen L. Gillette
Director of Public Works
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Re: Assignment for Engineering Services
City of La Porte
Waterline Replacement
Spenwick Subdivision
LJA Project E170-003
Dear Mr. Gillette:
LJA Engineering & Surveying Inc. is pleased to submitthis assignment letterto provide engineering
services to the City of La Porte. The City desires to install new waterlines within the City's street
right-of-ways of the following streets within the Spenwick Subdivision:
• Bayer Street between Carlon Lane and Montgomery Lane (6" along the west side
of road right-of-way)
• Creel Court between Carlon Lane and End (4" along the east side of the road
right-of-way)
• Hillsdale Road between Ridgefield and Spencer Highway (6" along the east side
of road right-of-way)
• Belfast Lane between Andricks Road and Underwood Road (6" along the south
side of road right-of-way)
• Catlett Lane between Andricks Road and Crandall (6" along the north side of road
right-of-way)
• Montgomery Lane between Andricks Road and Underwood Road (6" along the
south side of road right-of-way)
Except for the Scope of Services, Basis of Compensation, and Schedule of Work set forth below,
the rights, duties, and obligations of LJA Engineering & Surveying 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 constitute an amendment to said general services agreement.
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 and Design Phase, Bidding Phase, and
Construction Phases. The scope of each phase and/or services is defined as follows:
ao
Mr. Stephen L. Gillette
City of La Porte
October 4, 2006
Page 2
BASIC SERVICES
Preliminary/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 final estimate of probable construction
cost, construction drawings and project specifications for final approval.
Bidding Phase
a. Assist the City in the pre -qualification of contractors. The pre -qualification
investigation is limited to the investigation of the Contractor's statement of
equipment and experience.
b. Assist the City in obtaining bids. Supply ten sets of Plans and Specifications
for the Contract and Construction sets.
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 (only upon request by City), 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.
Mr. Stephen L. Gillette
City of La Porte
October 4, 2006
Page 3
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 based
upon information supplied by the City.
g. Participate in company with the City's representative in a final inspection of
the project.
EXTRA SERVICES
a. Field surveying
COMPENSATION
LJA Engineering and Surveying Inc. proposes the compensation for the preliminary and design,
bidding, and construction phases be based upon lump sum fee as follows:
BASIC SERVICES
Preliminary/Design Phase
Bidding Phase
Construction Phase
Total Basic Services Cost
EXTRA SERVICES
Extra Service item compensation would be as follows:
Service Basis of Compensation
a. Surveying Invoice plus ten percent
service charge
$ 31,120.00
2,460.00
2,770.00
$ 36,350.00
Estimated Cost
$ 14,500.00
Total Extra Services Estimated Cost $ 14,500.00
Mr. Stephen L. Gillette
City of La Porte
October 4, 2006
Page 4
SCHEDULE
LJA Engineering and Surveying 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 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.
LJA Engineering and Surveying Inc. appreciates the opportunity to prepare this proposal for the City.
Should you have any questions, please advise.
Very truly ours,
Chs W. Beere , P. .
Senior Project Manager
Attachment: General Services Contract
ACCEPTE
By:
TITLE:
DATE: L
AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
The State of Texas <
Know All Men by These Presents:
County of Harris <
THIS IS AN AGREEMENT MADE AS OF thez< of0* in the year of
Two Thousand and Six by and between the City of La Porte (hereinafter called OWNER) and
LJA Engineering & Surveying, 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 as found necessary
(hereinafter called the Project).
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 an Officer of LJA Engineering & Surveying, Inc. 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, electrical engineering services and other Engineering
disciplines as appropriate 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 engineer's estimate of probable construction cost 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
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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; 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 construction 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.
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1.4 Bid and Negotiation Phase- after written authorization to proceed with the Bid and
Negotiation Phase, ENGINEER shall:
1.4.1 Assist the OWNER in the advertisements of the project for bids.
1.4.2 Respond to questions regarding the project during the bidding process. If required, issue
addendums to clarify any questions regarding the project.
1.4.3 Conduct a Pre-bid Conference between the ENGINEER, prospective bidders, suppliers,
etc., to make certain that the scope of the work is fully understood.
1.4.4 Assist the OWNER in the opening of bids for construction of the project. Tabulate and
evaluate bids, and prepare a recommendation letter for OWNER action.
1.4.5 Prepare final contract documents for execution by the Contractor and the OWNER.
1.5 Construction Phase- after written authorization to proceed with the Construction Phase,
ENGINEER shall:
1.5.1 Consult with and advise OWNER as to the acceptability of subcontractors and other
persons and organizations proposed by the prime Contractor(s) [hereinafter called "Contractor(s)]
for those portions of the work as to which such acceptability is required by the contract
documents.
1.5.2 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.
1.5.3 Consult with and advise OWNER and act as his representative as provided in the
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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 extent provided in said Standard General Conditions except as
otherwise provided in writing.
1.5.4 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; periodic visits shall be a maximum of two (2) per month, additional site visits will be
considered as Additional Services per Section 2; 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 of Contractor(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.
1.5.5 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
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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.
1.5.6 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.
1.5.7 Based on his onsite observations as an experienced and qualified design professional and
on his review of Contractor(s) applications for payment and the 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.
1.5.8 Provide, from the field prints maintained by the ENGINEER's Resident Project
Representative and information supplied to ENGINEER from Contractor, one set of record
drawings. These shall be reproducibles and shall be delivered within three months of completion
of last construction contract.
1.5.9 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.
1.5.10 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.
1.5.11 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, etcetera.
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 OWNER as indicated
in Section 5.
2.1.1 Services resulting from significant changes in general scope of the Projector its design
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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 master plans, planning, studies, reports, as-built/record drawings, renderings or
models and/or other services for OWNER's use.
2.1.3 Preparing documents for alternate bids requested by OWNER for work that 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 in the work which increase
the contract price 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.
Deductive change orders shall not diminish the compensation.
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.
2.1.10 Preparing to serve or serving as a consultant or witness for OWNER in any litigation.
2.1.11 Additional services in connection with the Project, including services normally furnished
by OWNER and services not otherwise provided for in this Agreement.
2.1.12 Services as right-of-way agent for the OWNER.
2.1.13 Services furnished by others on a subcontract basis to the ENGINEER; subject to prior
approval of the OWNER.
2.1.13.1 The services of a Registered Public Surveyor for property, boundary, easement,
right-of-way, topographic, control points, and utility surveys and property descriptions.
2.1.13.2 Materials testing services, in one or more subcontractors.
2.1.13.3 Professional interpretations of the material testing results.
2.1.14 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
OWNER, 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. OWNER will pay for such services as indicated in paragraph
5.1.4.4.
2.2.2 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 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.
2.2.3 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 RESPONSIBILITIES
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
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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 property 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.
3.8 Bear all costs incident to compliance with the requirements of this Section.
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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 that 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 OWNER has accepted the submissions for the phases.
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).
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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, 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 Section 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.
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4.11 TERMINATION/SUSPENSION: Either party may terminate this Agreement upon thirty
(30) days written notice to the other party. The OWNER shall pay ENGINEER for all Services
actually rendered prior to termination. Copies of all completed or partially completed designs,
drawings, specifications, reports or any other document prepared by ENGINEER pursuant to this
Agreement shall be delivered to the OWNER within fourteen (14) days of the effective date of
termination, at no additional cost to the OWNER. In the event either parry defaults in its
obligations under this Agreement (including the OWNER's obligation to make the payments
required hereunder), the non -defaulting party may suspend performance under this Agreement
after seven (7) days written notice stating its intention to suspend performance under this
Agreement if sure of such default is not commenced and diligently continued.
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 fee shall be based on a
mutually agreed fee percentage of the construction cost or ENGINEER's estimate of probable
construction cost. The fee is obtained by multiplying the fee percentage by the construction cost.
5.1.1.2 For project(s) that involve a greater degree of complexity, utilities coordination and
design consideration, such as work within existing treatment facilities, the percentage shall also
be multiplied by an adjustment factor as mutually agreed by the OWNER and ENGINEER.
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5.1.1.3 When the entire Project is awarded on the basis of multiple contracts, fee percentage for
the additional effort for entire Project may be adjusted. Both parties recognize that it may be
advantageous to divide the Project 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 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.
5.1.2.2 The total compensation under this method shall be the product of the salary cost in
performing the service for the OWNER times 2.50 multiplier.
5.1.2.3 Direct non -salary expenses such as travel, subsistence, materials purchased, tests
required, and special miscellaneous needs shall be invoiced at cost times a multiplier of 1.10.
5.1.2.4 ENGINEER's direct labor costs and the factor applied in determining compensation
payable to ENGINEER will be reviewed by OWNER and ENGINEER annually. If approved by
OWNER the labor costs and/or factor shall be adjusted.
5.1.3 Lump Sum Charge
5.1.3.1 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.
5.1.3.2 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.
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5.1.4 Additional Services. OWNER shall pay ENGINEER for additional services rendered
under Section 2 as follows:
5.1.4.1 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 2.5 for services rendered by
principal and employees assigned to the Project.
5.1.4.2 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.
5.1.4.3 Serving as a witness. For the services of the principal and employees as consultants or
witnesses in any litigation, hearing or proceeding in accordance with paragraph 2.1.10, at the rate
of $750 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 2.5 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.
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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 ENGINEER's monthly statements.
5.2.2 Where compensation for basic services is on the basis of a 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 30%, design phase 53%, bid and negotiation phase 2% and construction phase
15%. 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.
5.3 General
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 of land, 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:
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5.3. 1.1 For completed construction, the total cost of all work performed (excluding work by
OWNER) as designed or specified by ENGINEER; the total cost shall include all added change
order costs. No deduction from ENGINEER's fee shall be made for deductive change orders.
5.3.1.2 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 ENGINEER's final estimate of probable cost shall be
used as basis for payment.
5.3.1.3 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 40% of salaries and wages.
5.3.3 Reimbursable expenses mean the actual expenses incurred directly or indirectly in
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);
130C
toll telephone and similar related items in addition to those required under Section 1; computer
time 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 2.5 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 there from. Any
such verification or adaptation will entitle ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
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6.2 Estimate of Cost.
6.2.1 Since ENGINEER has no control over the cost of labor, 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 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 Arbitration.
6.3.1 All claims, counter claims, disputes and other matters in question between the parties
hereto arising out of or relating to this Agreement or the breach thereof will be decided by
arbitration in accordance with the construction industry arbitration rules of the American
Arbitration Association then obtaining, subject to the limitations stated in paragraphs 6.3.3 and
6.3.4 below. This Agreement so to arbitrate and any other Agreement or consent to arbitrate
entered into in accordance therewith as provided below, will be specifically enforceable under
the prevailing law of any court having jurisdiction.
6.3.2 Notice of demand for arbitration must be filed in writing with the other parties to this
Agreement and with the American Arbitration Association. The demand must be made within a
reasonable time after the claim, dispute or other matter in question has arisen. In no event may
the demand for the arbitration be made after the time when institution of legal or equitable
proceedings based on such claim, dispute, or other matter in question would be barred by the
applicable statute of limitations.
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6.3.3 All demands for arbitration and all answering statements thereto which include any
monetary claim must contain a statement that the total sum or value in controversy as alleged by
the parry making such demand or answering statement is not more than $200,000 (exclusive of
interest and costs). The arbitrators will not have jurisdiction, power, or authority to consider, or
make findings (except in denial of their own jurisdiction) concerning any claim, counter claim
dispute, or other matter in question where the amount in controversy thereof is more than
$200,000 (exclusive of interest and costs) or to render a monetary award in response thereto
against any party which totals more than $200,000 (exclusive of interest and costs).
6.3.4 No arbitration arising out of, or relating to, this Agreement may include by consolidation,
jointer, or in any other manner, any additional party not a party to this Agreement.
6.3.5 By written consent signed by all the parties to this Agreement and containing a specific
reference hereto, the limitations and restrictions contained in paragraphs 6.3.3 and 6.3.4 may be
waived in whole or in part as to any claim, counter claim, dispute, or other matter specifically
described in such consent. No consent to arbitration in respect of a specifically described claim,
counter claim, dispute, or other matter in question will constitute consent to arbitrate any other
claim, counter claim, dispute or other matter in question which is not specifically described in
such consent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest
and costs) or which is with any party not specifically described therein.
6.3.6 The award rendered by the arbitration will be final, no subject to appeal and judgment
may be entered upon it in any court having jurisdiction thereof.
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,
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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 that may be a party hereto, nor shall it be construed as giving any rights
or benefits hereunder to anyone other than OWNER or ENGINEER.
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
Representative.
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 The Engineer agrees to carry out and perform the services herein agreed to in a
professional and competent manner exercising usual degree of care and judgment of an ordinarily
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prudent Engineer in the same or similar circumstances and conditions.
7.1.6 Insurance: ENGINEER shall procure and maintain throughout the term of this
Agreement standard insurance policies with their respective minimum coverage amounts as
follows:
7.1.6.1 Commercial General Liability (CGL)
General Aggregate: $1,000,000.00
Products & Completed Operations: $1,000,000.00
Personal & Advertising Injury: $1,000,000.00
Per Occurrence: $500,000.00
7.1.6.2 Automobile Liability
Combined Single Limits: $1,000,000.00
a. Coverage for "Any Auto."
7.1.6.3 Workers' Compensation Insurance
Statutory Limits
Employer's Liability $500,000.00
7.1.6.4 Errors & Omissions (E & O)
Limit: $500,000.00
7.1.7 ENGINEER shall indemnify and hold harmless OWNER from loss, cost, expense, or
liability that the OWNER may incur or suffer as a result of any infringement incurred by a
decision made by the ENGINEER of the patent or copyright laws of the United States or other
country for which the OWNER is held liable.
ENGINEER shall protect, indemnify and save the OWNER harmless from and against all claims,
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losses, damages, and causes of action, suits and liability of any kind and character including all
expenses of litigation, court costs and reasonable attorney's fees on account of injuries or
damages to any person or property in any way arising out or relating to the work under this
agreement caused by or resulting from the intentional, willful, or negligent acts or omissions by
ENGINEER, anyone directly or indirectly employed by ENGINEER or anyone for whose acts
ENGINEER may be liable.
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7.1.8 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.
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
Interij/City Manager
ATTEST:
By:
-:�R r&I
Martha Gillette
City Secretary
APPROVED AS TO FORM:
By:
Knox Askins
City Attorney
(Seal)
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ENGINEER:
LJA ENGINEERING & SURVEYING, INC.
By:
J J mg��A
John S. Cargi
Vice President
By.
lbarrell Morrison, P.E.
Vice President