HomeMy WebLinkAboutO-2008-3091 design contract Huitt-Zollars, Inc/design services for Fairmont Parkway Bicycle Pedestrian Pathway Project
12
~-~
-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested By:
Capital Improvement
Department:
Account Number:
015-9892-893-1100
Report: _Resolution: _Ordinance: 3-
Amount Budgeted:
$75,889
Exhibits:
Amount Requested:
$137,500
Exhibits:
Bud eted Item:
YES X
NO
SUMMARY & RECOMMENDATION
At the City Council Retreat this past April, Council gave direction to proceed with the design of the
bicycle-pedestrian pathway along the south side of Fairmont Parkway from 8th Street to the eastern boundary of
La Porte at Willow Spring Gulley. The pathway, when completed, will provide an east-west connector between
the cities of La Porte and Pasadena, and also connect to the north-south routes along Bay Area Boulevard and S.
Broadway.
The City of La Porte has worked with the engineering firm of Huitt-Zollars, Inc. on several major
projects including the La Porte Police Department and the La Porte Wastewater facility, with excellent results.
Huitt-Zollars, Inc. has also performed design work and construction monitoring for the bicycle-pedestrian
pathway and bridge over Little Cedar Bayou, for the City of La Porte. The firm has many years of experience in
the design of transportation infrastructure, including bicycle-pedestrian ways.
Staff recommends approval of the ordinance authorizing the contract with Huitt-Zollars, Inc. for design
services for the bicycle-pedestrian pathway along the south side of Fairmont Parkway in the amount of
$137,500.00 including survey, abstracting, design, bidding, and construction monitoring services.
Action Required bv Council:
Consider approval of an Ordinance authorizing the City Manager to execute a contract between the
f La Porte and Huitt-Zollars, Inc. in the amount of $137,500.00 for design services for the bicycle-
pedes 'an pathway along the south side of Fairmont Parkway, including survey, abstracting, design, bidding,
and co s . on monitoring services.
~/og
ORDINA1~CE NO. 2008- _ dfJi l
AN ORDINANCE APPROVING AND AUTHORIZING A DESIGN CONTRACT
BETWEEN THE CITY OF LA PORTE AND HUITT-WLLARS, INC. TO PROVIDE
DESIGN SERVICES FOR THE FAIRMONT PARKWAY BICYCLE-PEDESTRIAN
PATffi\;'AY PROJECT ACCORDING TO THE TERi"IS OF THE AGREEMENT
PROVIDED; APPROPRIATING $137,500.00 TO FUND SAID AGREEMENT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAIl\l'ED BY THE CITY COlJNCIL 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 aU 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 aU such documents. The City Council appropriates
the sum not to exceed $137,500.00 for the project identified herein, from the 015 Capital
Improvement Project Fund to fund the City's share of said Agreement.
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 su~ect 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
Page 1 of2
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AL'\lD APPROVED, this 14m day of JULY 2008.
CITY OF LA PORTE
~l~~
By:
Alton E. Porter,
Mayor
ATTEST:
~t1}(~/.1KIH( ~
Ma a GIllett,
City Secretary
APPROVED AS TO FO~lIv1:
~-r~
Clark T. Askins,
Assistant City Attorney
Page 2 of2
Smrunary of
Huitt-Zollars, Inc.'s Proposal
for
Professional Engineering Services
to the
City of La Porte
Project: Fairrnont Parkway Hike and Bike Trail
Scope of Services includes
Surveying, Abstracting, Preliminary Engineering, Final Design, Bidding and Construction Phase Services
Compensation breakdown:
Design
Preliminary Alignment
Final Design
Bidding Phase
Construction Phase
Total Design
$ 16,700 (lump sum)
$ 43,000 (lump sum)
$ 4,200 (lump sum)
$ 12,900 (lump sum)
$ 76,800
Surveying
Abstracting
$ 56,200 (lump sum)
$ 4,500 (HNTE)
Total Project Budget is $ 137,500.00.
Jmle 23, 2008
Huitt-Zollars, Inc.
1500 Dairy Ashford, Suite 200
Houston, Texas 77077
Phone 281-496-0066
Fax 281-496-0220
HUITT -ZOLIAR5
HUITT-ZOLLARS,INC. . 1500 South Doiry Ashford. Suite 200 . Houston, TX 77077-3858 . 281.496.0066 phone' 281.496.0220 fox' huitt-zollors.com
June 23, 2008
Mr. Stephen L. Barr
Director of Parks & Recreation
City of La Porte
1322 South Broadway
La Porte, Texas 77571
Reference:
Fairmont Parkway Hike and Bike Trail
Subject:
Revised Proposal
Dear Mr. Barr:
Huitt-Zollars, Inc. (HZ) appreciates this opportunity to present our revised proposal for performing
engineering services related to referenced project for the City of La Porte (Client). The key aspects of
this project is a approximately 5.2 mile long hike and bike trail along the south side of Fairmont from east
side of Willow Spring Bayou to Little Cedar Bayou and along west side of Little Cedar Bayou from
Fairmont to Little Cedar Bayou Street. The hike and bike trail will generally consist the construction of
10-foot wide concrete pavement, constructing protective rail on existing bridge to allow safer passage,
and pavement striping for bike lane. A majority of the hike and bike trail will be located with an existing
40-foot conservation easement or 10-foot trail easement or will be obtained by the City. It is our
understanding that the construction budget for the Project is around $ 1.8 million. Our proposal is based
upon the scope of services, compensation, schedule and terms and conditions and attachments contained
herein.
SCOPE OF SERVICES:
1.0 Basic Services -
1.1 PRELIMINARY ENGINEERING PHASE - HZ shall:
1.1.1 Conduct field reconnaissance.
1.1.2 Obtain necessary plans and pertinent information for construction and agency approval.
1.1.3 Coordinate with pipeline owners and identify requirements for approval.
1.1.4 Prepare typical cross sections.
1.1.5 Prepare updated opinion of probable construction cost ofthe Project.
1.1.6 Furnish a plan view alignment of the hike and bike trail for review and for approval of the
Client.
1.2 FINAL DESIGN PHASE - Based on Client-Approved alignment of hike and bike trail, HZ shall:
1.2.1 Prepare construction documents (plans and specifications) that set forth in detail the
requirements for the construction of the project. The drawings and specifications shall
establish in detail the quality levels of material and construction of the Project. Plans will
Mr. Stephen Barr
Fairmont Parkway Hike and Bike Trail
June 23, 2008
HUITT -ZOLlARS
at minimum consist of:
1.2.1.1 Cover sheet, index of drawings, general notes, and standard details
1.2.1.2 Plans to consist of plan alignment with typical cross sections.
1.2.1.3 Details for bridge crossing
1.2.1.4 Details for pavement markings for bike lane
1.2.1.5 Typical traffic control sheets.
1.2.1.6 Prepare Storm Water Pollution Prevention plans
1.2.2 Advise the Client of any adjustments to previous Opinions of Probable Construction Cost
indicated by changes in requirements or general market conditions.
1.2.3 Assist the Client in connection with filing documents required for the approval of
governmental authorities having jurisdiction over the project. Any fees associated with
governmental reviews shall be reimbursable expenses.
1.2.4 Furnish to the Client one (1) reproducible copy of approved plans, specifications, notice to
bidders, and proposals.
1.2.5 HZ shall submit approved construction documents to Texas Department of Licensing and
Regulation (TDLR) for ADA Accessibility Review. Fees related for TDLR are considered
reimbursable fees. HZ will review comments received from ADA review and modifY
drawings as necessary.
1.3 BIDDING PHASE - After acceptance by Client of the Final Design Construction Documents and
the most recent opinion of probable Construction Cost, HZ shall:
1.3.1 Assist Client in advertising the Project.
1.3.2 Prepare bidding documents, distribute bidding documents to prospective bidders in an
effort to obtain bids for the Project, maintain a record of prospective bidders to whom
bidding documents have been issued, and receive and process Contractor charges for the
bidding documents.
1.3.3 Attend pre-Bid conference.
1.3.4 Issue Addenda as appropriate to clarifY, correct, or change the Bidding documents.
1.3.5 Consult with Client as to the acceptability of Contractor, subcontractors, suppliers and other
individual and entities proposed for the Project.
1.3.6 Attend the Bid opening, prepare Bid tabulation sheets and assist Client in evaluating Bids
or proposals and in assembling and awarding contracts for the Project.
1.4 CONSTRUCTION PHASE - Upon successful completion of the Bidding Phase, HZ shall:
1.4.1 Conduct Pre-Construction Conference.
1.4.2 HZ shall review Contractor submittals, such as shop drawings, product data, samples and
other data, which the Contractor is required to submit. HZ's review is for the limited
purpose of checking for general conformance with design concepts and the information
shown in the Construction Documents. HZ's review shall not include a review of the
accuracy or completeness of details, such as quantities, dimensions, weights or gauges,
fabrication processes, construction means or methods, coordination of the work with other
trades or construction safety precautions, all of which are the sole responsibility of the
Contractor. HZ's review shall be conducted with reasonable promptness while allowing
sufficient time in HZ's judgment to permit adequate review. Review of a specific item
shall not indicate that HZ has reviewed the entire assembly of which the item is a
component. HZ shall not be responsible for any deviation from the Construction
Documents not brought to the attention of HZ by the Contractor. HZ shall not be required
Page 2 of 10
Mr. Stephen Barr
Fairmont Parkway Hike and Bike Trail
June 23, 2008
HUITI -.IDLIARS
to review partial submissions or those for which submissions of correlated items have not
been received.
1.4.3 Make periodic observations of the work in progress (as distinguished from providing a full-
time Project Representative) and provide appropriate reports to the Client. In such
inspections and observations, HZ will endeavor to protect the Client against defects and
deficiencies in the work of contractors, but he does not guarantee the performance of their
contracts nor assume responsibility for construction means, methods, techniques,
sequences, procedures, or for safety precautions or programs in connection with the
construction work. HZ shall not be responsible for the acts or omissions of the Contractor,
or any subcontractor's agents or employees, or any other persons performing any of the
work.
1.4.4 Provide consultation and advice to the Client during construction. HZ shall be, in the first
instance, the interpreter of the requirements of the Contract Documents and the impartial
judge of the performance there under by both the Client and Contractor. HZ shall make
decisions on all claims of the Client or Contractor relating to the execution and progress of
the work. HZ's decisions in matters relating to artistic effect shall be final if consistent with
the intent of the Contract Documents. Clarifications, interpretations and decisions of HZ
shall be consistent with the intent of and reasonably inferable from the Contract Documents
and shall be in written or graphic form. In the capacity of interpreter and judge, HZ shall
endeavor to secure faithful performance by both Client and Contractor, shall not show
partiality to either, and shall not be liable for the result of any interpretation or decision
rendered in good faith in such capacity.
1.4.5 Assist Client in the selection of an independent testing laboratory to perform construction
materials testing.
1.4.6 Recommend Change Orders to Client, as appropriate, and prepare Change Orders as
required.
1.4.7 Based on observations of construction progress at the site and on a review of the
Contractor's Payment Request, HZ shall make recommendations to the Client relative to
progress payments. HZ shall not be deemed to represent that he has made any examination
to ascertain how and for what purpose the Contractor has used the moneys paid on account
of the contract sum.
1.4.8 Receive and review maintenance and operating instructions, schedules and guarantees and
transmit these documents to Client.
1.4.9 Make a Substantial Completion Inspection and a Final inspection of the completed Project
with the Client or his representative.
1.4.10 Provide a signed "Notice of Acceptability" that the Project work is acceptable to the best of
HZ's knowledge, information and belief and based upon the extent of services provided by
HZ under this Agreement.
1.4.11 Preparation of Record Drawings. Record Drawings shall be based upon based upon the
marked-up record drawings, addenda, change orders and other data furnished by the
Construction Contractor. These Record Drawings will show significant changes made
during construction. Because these Record Drawings are based on unverified information
provided by other parties, which HZ shall assume will be reliable, HZ, Inc. cannot and does
not warrant their accuracy.
1.5 TOPOGRAPHIC SURVEYING AND ABSTRACTING-
1.5.1 The City shall provide to HZ LiDAR information, abstracting, and GIS information that
contains at minimum deeds, plats, easement, and ground elevations suitable for design.
Page 3 of 10
HUITT -ZOLlARS
Mr. Stephen Barr
Fairmont Parkway Hike and Bike Trail
June 23, 2008
1.5.2 HZ shall supplement LiDAR elevations with ground topographic surveying in specific
areas. These generally include bridge crossings, Union Pacific Railroad crossing, and
along Fairmont where bike trail is within the street pavement section.
1.5.3 Scope of work shall include:
1.5.3.1 Establishing street right-of-way
1.5.3.2 Establish proj ect baseline and control points
1.5.3.3 Field stake baseline
1.6 ABSTRACTING -
1.6.1 HZ shall provide abstracting for areas of the trail construction that are not owned by a
governmental entity or do not have existing easements.
2.0 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 Client, these items of work
are not included in the basic services fees and are authorized and charged separately. Such
additional services may include:
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
2.1.8
2.1.9
2.1.10
2.1.11
2.1.12
2.1.13
2.1.14
2.1.15
2.1.16
Boundary Surveys
Preparation of metes and bounds descriptions and surveying associated with obtaining
easements required for trail construction
Platting (preliminary and Final)
Construction Staking and Re-staking
As-Built Survey
Geotechnical and/or Environmental Investigations
Measured drawings of existing conditions
Providing a full-time Project Representative during construction to provide further
consultation and advice to the Client
Assistance to the Client as expert witness in any litigation and/or special technical
assistance to prepare for litigation
Special economic and feasibility studies; detailed considerations of operation,
maintenance, and overhead expenses; regional or area studies to establish basic data to
justify or scope the Project; special environmental assessments; and preparation of
equipment O&M manuals; submissions required for approval of governmental authorities
Preparation of Hydraulic/Hydrologic (drainage) Studies, submittals, and services
concerning floodplain/floodway issues
Preparation of Traffic Impact Studies
Rendering of the Project
Making revisions in drawings, specifications or other documents when such revisions are
inconsistent with written approvals or instructions previously given, are required by
enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents or are due to other causes not solely within the control of HZ
Providing services made necessary by the default of the Construction Contractor, or by
major defects of deficiencies in the Work of the Construction Contractor, or by failure of
performance of Construction Contractor under the Contract for Construction
Fees associated with Agency Reviews, Plats, Recordation, Tax Certificates, Title
Commitments, Private Utility Information, Permitting and/or Inspections
Page 4 of 10
Mr. Stephen Barr
Fairmont Parkway Hike and Bike Trail
June 23, 2008
HUITf --.IDLIARS
2.1.17 Changes to and/or out-of-scope work not included in the Basic Services
3.0 Excluded Services -
3.1 HZ shall not be required to furnish any legal or accounting advice or services, nor is the training
of operating personnel included in this Agreement. Test pits, material and equipment operating
tests and other special consulting services including, but not limited to, asbestos, hazardous and
toxic materials management are not included within this Agreement. A commercial testing
laboratory will be engaged by the Client under separate contract during construction for materials
testing services and will invoice the Client directly for its services.
4.0 Client Provided Services -
4.1 Client shall provide HZ with the following:
4.1.1 Access to Project Site
4.1.2 Geotechnical Report
4.1.3 LiDAR information
4.1.4 Deeds and easement information
4.1.5 Abstracting on Existing Easements and Governmental owned property
4.1.6 Any Agency Fees (as applicable)
COMPENSATION:
1.0 Fee Budget
1.1 Our estimated fee budget for the Basic Services to include expenses are as follows:
Design
1.1.1
1.1.2
1.1.3
1.1.4
Preliminary Alignment
Final Design
Bidding Phase
Construction Phase
Total Design
$ 16,700
$ 43,000
$ 4,200
$ 12,900
$ 76,800
(lump sum)
(lump sum)
(lump sum)
(lump sum)
Survey
1.1.5 Surveying
1.1.6 Abstracting
$ 56,200 (lump sum)
$ 4,500 (HNTE)
2.0 Total Estimated Budget
2.1 Our total estimated budget for this project is $ 137,500.00.
3.0 Additional Services
3.1 Additional Services, mutually agreed upon and authorized separately by the Client in writing,
shall be completed on a lump sum basis or an hourly not-to-exceed (HNTE) basis in accordance
with the attached Rate Schedule.
Page 5 of 10
Mr. Stephen Barr
Fairmont Parkway Hike and Bike Trail
June 23, 2008
HUITT -ZOLlARS
4.0 Invoicing
4.1 Invoices will be submitted monthly. Lump sum tasks shall be invoiced based upon percentage of
work completed. Hourly not-to-exceed (HNTE) tasks shall be invoiced based upon the attached
hourly Rate Schedule to a not to exceed amount authorized by the Client.
SCHEDULE:
The preliminary schedule for performing the scope of services is included as an attachment to this
Agreement. Work shall begin upon HZ receiving this proposal accepted and authorized in writing by the
Client.
TERMS AND CONDITIONS:
1.0 Coordination with the Client
HZ shall hold periodic conferences with the Client, or his representatives, to the end that the
Project, as it progresses, shall have benefit of the Client's experience and knowledge of existing
needs and facilities, and be consistent with his current policies and construction standards. To
implement this coordination, the Client shall make available to HZ, 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 Client shall furnish all legal,
accounting and insurance 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. HZ shall be entitled to rely on the completeness and accuracy
thereof. If the Client observes, or otherwise becomes aware of any fault or defect in the Project,
prompt written notice thereof shall be given by the Client to HZ.
2.0 Billing and Payment
2.1 The Client, recognizing that timely payment is a material part of the consideration of this
AGREEMENT, shall pay HZ for services performed in accordance with the rates and charges set
forth herein. Invoices will be submitted by HZ on a monthly basis and shall be due and payable
within thirty (30) calendar days of invoice date. If the Client objects to all or any portion of an
invoice, the Client shall so notify HZ in writing within ten (10) calendar days of receipt of the bill
in question, and pay when due that portion of the invoice, not in dispute.
2.2 The Client shall pay an additional charge of one-and-one-half (1.5) percent (or the maximum
percentage allowed by law, whichever is lower) of the invoiced amount per month for any
payment received by HZ more than thirty (30) calendar days from receipt of the invoice,
excepting any portion of the invoiced amount in dispute and resolved in favor of Client. Payment
thereafter shall first be applied to accrued interest and then to the principal unpaid amount.
2.3 If Client for any reason fails to pay the undisputed portion of HZ's invoices within 30 days of
presentation, HZ shall cease work on the project and Client shall waive any claim against HZ, and
shall defend and indemnifY HZ from and against any claims for injury or loss stemming from
HZ's cessation of service. Client shall also pay HZ the cost associated with premature project
demobilization. In the event the project is remobilized, Client shall also pay the cost of
Page 6 of 10
Mr. Stephen Barr
Fairmont Parkway Hike and Bike Trail
June 23, 2008
HUITT -ZOLlARS
remobilization, and shall renegotiate appropriate contract terms and conditions, such as those
associated with budget, schedule or scope of service.
2.4 In the event any bill or portion thereof is disputed by Client, Client shall notify HZ within ten
days of receipt of the bill in question, and Client and HZ shall work together to resolve the matter
within 60 days of its being called to HZ's attention. If resolution of the matter is not attained
within 60 days, either party may terminate this AGREEMENT.
3.0 Sales Taxes
All sales tax is required to be paid by HZ will be billed to the Client in addition to fees.
4.0 Revision to Drawings and Specifications
Where lump sum or percentage fees are paid for defined basic services, HZ will make, without
expense to the Client, such revisions of the preliminary drawings as may be required to meet the
needs of the Client, but after a definite plan has been approved by the Client, 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 HZ 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, HZ 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.
5.0 Ownership of Documents
It is understood that HZ 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 HZ as instruments of
service. The Client may obtain, upon payment of fees due HZ, reproducible copies of drawings,
and copies of other documents, in consideration of which it is mutually agreed that the Client will
use them solely in connection with the Project, and shall not authorize their use on other projects,
except by written agreement with HZ.
6.0 Termination
In the event termination becomes necessary, the party (Client or HZ) effecting termination shall
so notify the other party and termination will become effective fourteen (14) calendar days after
receipt of the termination notice. Irrespective of which party shall effect termination or the cause
of termination, the Client shall within thirty (30) calendar days of termination remunerate HZ for
services rendered and costs incurred up to the effective time of termination, in accordance with
HZ's prevailing fee schedule and expense reimbursement policy.
7.0 Professional Responsibilities
7.1 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. HZ shall not be liable for any indirect or consequential loss or damage arising out of the
Page 7 of 10
Mr. Stephen Barr
Fairmont Parkway Hike and Bike Trail
June 23, 2008
HUITT-ZOLlARS
performance of services hereunder, including, but not limited to loss of profit or business
interruption, whether caused by negligence of HZ or otherwise. HZ 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 Client. On
fast-track projects with multiple construction packages and accelerated schedules, reduced
escalation accrues as a benefit to the Client, and the Client should anticipate increased changes
during construction to affect interface between bid packages and to resolve design ambiguities
and conflicts.
7.2 HZ shall be included as additional insured, where construction is involved, on the Builder's Risk
policy (on All-Risk Basis) and on Client's Protective Liability Policy. HZ 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.
7.3 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,
HZ's responsibility with respect thereto is limited to the assignment by HZ to the Client of the
Construction Contractor's (or manufacturer's) warranty, guaranty, or patent indemnity, and HZ
agrees to cooperate with the Client in the enforcement thereof.
8.0 Force Majeure
HZ 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 HZ's reasonable
control.
9.0 Consequential Damages
The Client shall not be liable to HZ and HZ shall not be liable to the Client for any consequential
damages incurred by either due to the fault of the other, regardless of the nature of this fault, or
whether it was committed by the Client or HZ, their employees, agents or subcontractors.
Consequential damages include, but are not limited to, loss of use and loss of profit.
10.0 Miscellaneous Provisions
10.1 Unless otherwise specified, this Agreement shall be governed by the laws ofthe State of Texas.
10.2 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).
Page 8 of 10
Mr. Stephen Barr
Fairmont Parkway Hike and Bike Trail
June 23, 2008
HUITT -ZOLlARS
10.3 The Client and HZ 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.
11.0 Opinions of Probable Construction Cost
Opinions of Probable Construction Cost provided by HZ are prepared from experience and
judgment. HZ has no control over market conditions or construction procedures and does not
warrant that proposals, bids, or actual construction costs will not vary from HZ's estimates.
12.0 Standard of Practice
Services performed by HZ under this AGREEMENT will be conducted in a manner consistent
with that level of care and skill ordinarily exercised by members of the profession currently
practicing in the same locality under similar conditions. No other representation, expressed or
implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any
report, opinion, document or otherwise.
13.0 Successors and Assignments
The Client and HZ each binds itself and its 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 Client nor HZ 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 Client and HZ and cannot be changed, added to or
modified in any way except by an instrument in writing signed by the Client and by HZ. The
Client and HZ agree to the full performance of the covenants contained herein.
14.0 Dispute Resolution
14.1 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 Client and HZ each agree that all disputes between
them arising out of or relating to this Agreement or the Project shall be submitted to nonbonding
mediation unless the parties mutually agree otherwise.
14.2 The Client and HZ 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.
15.0 Address of Notices and Communications
15.1 All notices and communications under this Agreement to be mailed or delivered to HZ, Inc. shall
be sent to the following address:
Huitt-Zollars, Inc.
1500 Dairy Ashford, Suite 200
Houston, Texas 77077
Attn: Manny De Pau, P.E.
Page 9 of 10
Mr. Stephen Barr
Fairmont Parkway Hike and Bike Trail
June 23, 2008
HUITT-ZOLlARS
Project Manager
Phone: 281-496-0066
Fax: 281-496-0220
Email: edepau@huitt-zollars.com
15.2 All notices and communications under this Agreement to be mailed or delivered to the Client
shall be sent to the following address:
City of La Porte
Parks & Recreation
1322 South Broadway
La Porte, Texas 77571
Attn: Mr. Stephen L. Barr
Director of Parks & Recreation
Phone: (281) 470-5136
Fax: (281) 470-1361
Email: barrs@laportetx.gov
16.0 LIMITATION OF LIABILITY
IN ORDER FOR THE CLIENT TO OBTAIN THE BENEFITS OF A FEE WHICH
INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING, THE CLIENT AGREES
TO LIMIT HUITT-ZOLLARS, INC.'S LIABILITY ARISING FROM HUITT-
ZOLLARS'S PROFESSIONAL ACTS, ERRORS OR OMISSIONS, SUCH THAT THE
TOTAL AGGREGATE LIABILITY OF HUITT-ZOLLARS, INC. SHALL NOT
EXCEED HUITT-ZOLLARS, INC.'S TOTAL FEE FOR THE SERVICES RENDERED
ON TillS PROJECT.
AUTHORIZATION:
t;J~
Should this proposal meet with your approval and ceptanc, please sign and return to our office by
facsimile at 281/496-0220. We will schedule the ab ve servic s as soon as we receive your authorization.
If you have any questions, please call.
Sincerely,
HUITT-ZOLLARS,INC.
(Signature)
Gregory R. Wine, P.E., LEED AP
Senior V ice President
TX PE License #73646
Enclosures
(Date)
Page 10 of 10
City of La Porte
Fairmont Parkway Hike and Bike Trail
Design/Construction Schedule
10 Task Name Duration
1 Surveying 63 days
2 Abstracting 4 wks -
3 Topographic Surveying 12 wks
4 Preliminary Design 80 days .....
5 Field Recon 1 wk
6 Research 2 wks
7 Preliminary Layout 3wks
8 City Approval 2 wks
9 Final Design 60 days
10 90% CD's 6 wks
11 CD 90% Agency Review 3 wks
12 Address Agency Comments 3wks
13 Agency Approvals 3 wks
14 Bid Ready CDs 1 wk
15 Bidding Phase 55 days
16 Advertising 4wks
17 Received Bids & Eng. Awrd Recon 1 wk
18 Award 4wks
19 Contracts 2wks
20 Construction Phase 180 edays
HUIIT-ZOLLARS, INC.
Project: Preliminary Schedule
Date: Mon 6/23/08
Task
Progress
Milestone
Summary
.....
.
Rolled Up Task
Rolled Up Milestone 0
Rolled Up Progress
.....
..... Split
Page 1
External Tasks
Project Summary ......
Group By Summary .....
.....
.....
Houston
HOURLY RATE SHEET
Professional
Survey
Survey Manager. . . . . . . . . . . . . $ 150.00
Sr. Project Surveyor. . . . . . . . . . $ 130.00
Project Surveyor. . . . . . . . . . . . . $ 120.00
Surveyor Intern. . . . . . . . . . . . . $ 100.00
Survey Technician. . . . . . . . . . . . $ 90.00
Survey Crews
1-Person Survey Crew. . . . . . . . . $ 78.00
2-Person Survey Crew. . . . . . . . . $ 125.00
3-Person Survey Crew. . . . . . . . . $ 175.00
1-Person Survey Crew-GPS. . . . . $ 130.00
2-Person Survey Crew-GPS. . . . . $ 180.00
3-Person Survey Crew-GPS. . . . . $ 220.00
Construction
Construction Manager. . . . . . . . . $ 160.00
Resident Engineer. . . . . . . . . . . . $ 140.00
Resident Project Representative . $ 90.00
Principal-In-Charge. . . . . . . . . . . .. $ 185.00
Sr. Project Manager. . . . . . . . . . . . . $ 175.00
Project Manager. . . . . . . . . . . . . .. $ 165.00
QA/QC Manager. . . . . . . . . . . . . .. $ 180.00
Sr. Civil Engineer. . . . . . . . . . . . . . . $ 175.00
Sr. Structural Engineer. . . . . . . . . . . $ 170.00
Sr. Mechanical Engineer. . . . . . . . . . $ 175.00
Sr. Electrical Engineer. . . . . . . . . .. $ 175.00
Civil Engineer. . . . . . . . . . . . . . . .. $ 165.00
Structural Engineer. . . . . . . . . . . .. $ 160.00
Mechanical Engineer. . . . . . . . . . .. $ 155.00
Electrical Engineer. . . . . . . . . . . . . . $ 155.00
Plumbing Engineer. . . . . . . . . . . " $ 135.00
Engineer Intern. . . . . . . . . . . . . . . . $ 110.00
Sr. Architect. . . . . . . . . . . . . . . . .. $ 155.00
Architect. . . . . . . . . . . . . . . . . . . . . $ 145.00
Architect Intern. . . . . . . . . . . . . . . . $ 100.00
Sr. Landscape Architect. . . . . . . . .. $ 140.00
Landscape Architect. . . . . . . . . . .. $ 90.00
Landscape Architect Intern. . . . . . . ,$ 80.00
Sr. Planner. . . . . . . . . . . . . . . . . " $ 170.00
Planner. . . . . . . . . . . . . . . . . . . .. $ 150.00
Planner Intern. . . . . . . . . . . . . . . . , $ 110.00
Sr. Environmental Scientist. . . . . . . . $ 160.00
Environmental Scientist. . . . . . . . .. $ 110.00
Sr. Designer. . . . . . . . . . . . . . . . .. $ 120.00
Designer. . . . . . . . . . . . . . . . . . . . , $ 110.00
Sr. CADD Technician. . . . . . . . . . .. $ 118.00
CADD Technician. . . . . . . . . . . . . . . $ 90.00
Administrative
Project Support. . . . . . . . . . . . . . $ 70.00
Reimbursable Expenses
Outside Services. . . . . . . . . . . . . Cost + 10%
Consultants. . . . . . . . . . . . . . Cost + 10%
Mileage. . . . . . . . . . . . . . . . . . . $0.505/mile
Rates effective until January 31, 2009.
July 17, 2008
Parks & Recreation Department
We are dedicated to the provision and management of superior parks and recreational facilities,
innovative programs, and services which will proVIde our customers with pleasure and enrichment.
Mr. Gregory Wine, P.E., Senior Vice President
Huitt-Zollars, Ine.
1500 Dairy-Ashford Road, Suite 200
Houston, 1)( 77077
Established 1892
Re: Notice to Proceed
Fairmont Parkway Bi-Ped Pathway Project, CoLP No. GEN893
Dear Greg;
You are- hereby notified to proceed with the ronstruction of the above referenced
project upon receipt of a Purchase Order issued by -the Oty of La Porte, per the
agreement with the City of La Porte.
Mr. Reagan McPhail will be the City of La Porte's project representative for this project,
and can be reached at 281.470.5065. Any changes in the scope of work or additions to
the project win need to be approved by me or Mr. McPhail, prior to commencement of
the additional work. lean be reached at 281.470.5136.
The contract caJls for completion of the design and bidding portion of the contract
within two hundred seventy (270) days of the issuance of the Notice to Proceed and
receipt of the Purchase Order. Please do not hesitate to contact me if there are any
Questions or information needed in the course of the contract. Thank. you in advance for
your cooperation and we look forward to working with you on this project.
c: Tim TIetjens, Director- of Planning
Reagan McPhail, UP Project Coordinator
1322 South Broadway
La Porte. Texas 77571
Telephone: (281) 470-7275
Facsimile: (28-1) 470-1361
parksandrec@ci.la-porte.lx.us