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Home My WebLink About1987-10-26 Regular Meeting e e MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL OCTOBER 26, 1987 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of Citv Council Present: Mayor Norman Malone, Councilpersons John Lloyd, Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of Citv Council Absent: Councilpersons Betty Waters and Ed Matuszak Members of Citv Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Administrative Assistant to the City Manager Janie Luna, Director of Community Development Joel Albrecht, Police Chief Charles Smith, Director of Parks and Recreation Stan Sherwood, Fire Marshal Paul Hickenbottom, Finance Manager Robert Stewart, Ross Cox, Capital Improvements Project consultant Others Present: Ralph Johnson, Sabra Gill, Martin Brendan, Gil Higgins, Robin Lloyd, Norm Radford, Dr. C. E. Bradley, Dr. David Hurley, Dr. Michael Wille, Dr. Mark Woods, Don Landry, Ken Womack, Riley Walker, Melissa Doyle of the Bayshore Sun, 5 citizens 2. The invocation was given by City Attorney Askins. 3. Council considered approving the minutes of the Special Called Meeting held October 19, 1987. Motion was made bv Councilperson Skelton to aoorove the minutes of October 1q after changing item 11(b) to reflect the correct third choice name for the golf course as "Forest Bav." Second by Councilperson Porter. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Lloyd, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 4. Mayor Malone proclaimed November as Spinal Health Month. Dr. David Hurley, Dr. Michael Wille, Dr. Mark Woods and Dr. C. E. Bradley accepted the proclamation. e e Minutes, Regular Meeting, La Porte City Council October 26, 1987, Page 2 5. Mr. Ralph Johnson and others addressed Council regarding a research project planned at Dixie Chemical, in the Bayport Industrial District. 6. Council considered an ordinance approving settlement agreement relating to the sanitary landfill permit protest. Mr. Robin Lloyd addressed Council in this regard. The City Attorney read: ORDINANCE 1564 - AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT DATED OCTOBER 26, 1987, BETWEEN BOC GROUP, INC., A DELAWARE CORPORATION, AND THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Llovd to adoot Ordinance 1S64 as read bY the City Attornev. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Lloyd, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 7. Council considered an ordinance amending Ordinance 915-K-CA), to approve a pipeline permit application of Cain Chemical, Inc., assignee of Conoco, Inc. Motion was made by Counciloerson Porter to adopt Ordinance g15-K-(B). Second by Councilperson Lloyd. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Lloyd, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 8. Council considered a resolution for payment of an arson reward. The City Attorney read Resolution 87-20. Motion was made by Councilperson Skelton to aoprove Resolution 87-20. Second by Councilperson Gay. The motion carried, 7 ayes and 0 nays. e e Minutes, Regular Meeting, La Porte City Council October 26, 1987, Page 3 Ayes: Councilpersons Lloyd, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 9. Council considered a resolution opposing H-GAC by-laws amendment. Councilperson Skelton addressed Council regarding this item, and made one change to the resolution: the words "two-thirds vote" in paragraph 5 was changed to read "seventy-five percent (75%) vote." Motion was made bv Counciloerson Skelton to aporove Resolution 87-21 with the change in paragraoh 5. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Lloyd, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None Copies of the resolution will be sent to our area H-GAC representatives and also to H-GAC home rule cities and the Chairman of H-GAC. 10. Council was to consider approving an agreement with Berdon Lawrence providing for improvements to City of La Porte park facilities. The City Manager reviewed the item and requested that no action be taken at this time until a letter of approval from the Texas Parks and Wildlife Department has been received. 11. Council considered approving expenditure for providing electricity for lighting and stormwater pumps in the golf course tunnel. Motion was made by Counciloerson Porter to approve the exoenditure for these items. Second by Councilperson Lloyd. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Lloyd, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone e e Nays: None Minutes, Regular Meeting, La Porte City Council October 26, 1987, Page 4 12. Council was to consider approving a contract with CRSS Constructors, Inc., for project management professional services. The City Manager requested that no formal action be taken at this time in order that the contract could be "fine tuned." He then introduced Mr. Don Landry of CRSS, who addressed Council regarding background on the company. 13. Council considered approving a professional services agreement with Klotz Associates for design of Broadway Street improvements. Motion was made bv Counciloerson Skelton to aoorove the orofessional services contract with Klotz Associates in an amount not to exceed $84,500.00. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Lloyd, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered approving a name for the municipal golf course. Motion was made bv Counciloerson Shioo to name the golf course "La Porte's Bav Forest Golf Course". Second by Councilperson Lloyd. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Lloyd, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 15. Administrative Reports: The City Manager announced that there will be a workshop on November 2 to discuss the animal ordinance, and also at that time a called meeting in order to hold a public hearing on the tax rate and to review the City Manager. 16. Council Action: Councilpersons Skelton and Clarke and Mayor Malone brought items to Council's attention. e e Minutes, Regular Meeting, La Porte City Council October 26, 1987, Page 5 17. Council adjourned into executive session at 7:35 P.M. to discuss with the City Attorney TABC regulations regarding operations at Sylvan Beach Convention Center. Council returned to the table at 8:08 P.M. 18. There being no further business to come before the Council, the meeting was duly adjourned at 8:08 P.M. Respectfully submitted: ~~ Cherie Black, City Secretary Passed & Approved this the 9th day of November, 1987 ~~/Jl~ Norman L. Malone, Mayor e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26, 1 g87 Requested By: Robert T. Herrera Department: Administration Report Resolution xx Ordinance Exhibits: Ordinance No. 1564 Letter from Lloyd, Gooselink, Ryan & Fowler, P.C. SUMMARY & RECOMMENDATION Ordinance No. 1564 authorizes the execution of an agreement between BOC Group, Inc., a Delaware Corporation, and the City of La Porte. The agreement represents the City of La Porte's commitments regarding our proposed Municipal Solid Waste Disposal site: Action Required by Council: Approve Ordinance No. 1564 authorizing the City Manager to execute the agreement regarding Municipal Solid Waste Disposal Site. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda GJUAt T. ~~ Robert T. Herrera City Manager \0 - 'l..s -gi DATE e e LLOYD, GOSSELINK, RYAN & FOWLER, P.c. Attorneys at Law Post Office Box 1725 Austin, Texas 78767 ROBERT H LLOYD PAl'L G GOSSELI~K BRE~T W RYA~ ROBERT D. FOWLER CHESLEY ~. BLEVIl\'S JI\.1 MATHEWS Office (512) 472-4551 Telecopier (512) 472-0532 \1ARTI~ C. ROCHELLE GEORGE V BASHAM ]J] S. RHETT ROBIJ\;SO:\ ROGER G. WORTHIJ\;GTO:\ ELIZABETH V ROOD \.1AR) ELIZABETH HERRI:\G October 20, 1987 FEDERAL EXPRESS Mr. Norman D. Radford, Jr. Vinson & Elkins 3300 First City Tower Houston, Texas 77002-6760 Re: City of La Porte - Landfill - 47100 Dear Norm: Enclosed are duplicate original contracts for execution by BOC. As I told you by telephone, I have been asked to attend the City Council meeting Monday night to discuss the settlement agreement. I am prepared to recommend that the City Council enter into the agreement in the form in which I am providing it to you. My recommendation to the City Council that this agreement be executed is conditioned upon you having your client execute the duplicate originals provided herein and returning them to Knox Askins' office no later than 5:30 p.m. Monday, October 26, 1987. Timing has become fairly important. I have notified the Texas Department of Health that this matter will probably be settled. Although the Department has promised me it is still maintaining all of our hearing days, subject to settlement, we have agreed to put on a pro forma case to the Examiner on Thursday, October 29, 1987. In order to meet thi s schedu Ie, it wi 11 be necessary for the City Council to consider the settlement agreement at its meeting on Monday, October 26. If for any reason, you are not in a position to deliver executed duplicate originals to Knox by 5:30 p.m. Monday, please call me no later than 12: 00 p.m. Monday in order that I can cancel my trip. Absence of the executed documents would simply mean a wasted trip and needless expense for the City. I am pleased it looks like this matter will be amicably resolved, and we will not be tied up in a long hearing. If I do not hear 1800 One Congress Plaza 111 Congress Avenue Austin. Texas 78701 e e Mr. Norman D. Radford, Jr. October 20, 1987 Page 2 from you to the contrary, I will assume that everything is going well and will see you at the City Council meeting Monday evening. ver~s, Robert H. Lloyd RHL: j h Enclosures cc w/enc: Mr. Robert Herrera Mr. John Joerns Mr. Steve Gillett Mr. Knox W. Askins Mr. Bill Hindman Mr. Bill Stafford Mr. B. Kent Merritt Mr. Robert M. Valentine Mr. Willard Ent 3L3:47l00.79 e . ORDINANCE NO. 1564 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT DATED OCTOBER 26, 1987, BETWEEN BOC GROUP, INC., A DELAWARE CORPORATION, AND THE CITY OF LA PORTE; 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 of the City of La Porte hereby approves that certain "Agreement Regarding Municipal Solid Waste Disposal Site", dated October 26, 1987, by and between BOC Group, Inc., a Delaware Corporation, and the City of La Porte, in form attached to this Ordinance as Exhibit "A", incorporated py reference herein, and made a part hereof for all purposes. The City Manager is authorized to sign on behalf of the City, and the City Secretary to attest, the multiple originals of such 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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. PASSED AND APPROVED this the 26th day of October, 1987. CITY OF LA PORTE ~ ~A h1ntbh.. ..fJ . No an Malon';, M yor~ ATTEST: II~~ Cherie Black, City Secretary APPROVED: ~zJ Knox W. Askins, City Attorney e, e, THIS AGREEMENT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT STATE OF TEXAS S S COUNTY OF HARRIS S AGREEMENT REGARDING MUNICIPAL SOLID WASTE DISPOSAL SITE WHEREAS, the City of La Porte, a municipal corporation in Harris County, Texas ("La Porte"), has applied for a solid waste disposal permit from the Texas Department of Health ("TDH") for a solid waste landfill (the "Landfill"), on property located approximately 0.5 miles south of the intersection of Bay Area Boulevard and Fairmont parkway and immediately east of Bay Area Boulevard in the extraterritorial jurisdiction of the City of La Porte in Harris County, Texas; WHEREAS, La Porte has obtained a permit for an air curtain destructor from the Texas Air Control Board and in the future La Porte may expand operations at the Landfill to include resource recovery operations (all operations at the Landfill are included within the term "Landfill" for purposes of this Agreement); WHEREAS, the BOC Group, Inc. ("BOC"), a Delaware corporation, successor to Airco, Inc., a Delaware corporation owns property to the north of the proposed Landfill where it operates an air separation plant which produces oxygen, nitrogen, and argon wherein the oxygen product specification might be adversely affected by methane emissions from the proposed Landfill; WHEREAS, BOC has been opposing La Porte's application for a TDH permit for the Landfill; and 1 e e WHEREAS, the Parties hereto have determined that it is in their best interests to enter into this Agreement; NOW, THEREFORE, in consideration of the premises and of the respective agreements set forth herein, the Parties agree as follows: 1. La Porte shall limit use of the Landfill to the disposal of municipal waste generated in La Porte and the City of Seabrook, Texas, or the disposal of ash from an incinerator used by La Porte or the City of Seabrook or both to incinerate all or part of the municipal waste generated by each. 2. La Porte agrees to limit the future use of the property on which the .Landfill is located to industrial activities or municipal activities of an industrial nature such as equipment maintenance facilities, warehouses and vehicle storage areas. La Porte further agrees the property shall not be used for residential, commercial, recreational, park, or educational purposes or any use that would be inconsistent with the industrial character of the Bayport Industrial Area in which the Landfill is located. 3. La Porte shall require all trucks delivering waste to the Landfill to be properly covered or contained so as to prevent waste from spilling onto roadways and property in the Bayport Industr ial Area. La Porte agrees to remove promptly any such spillage, and endeavor to accomplish same by no later than the close of business on the day after such event is reported. 2 - e 4. La Porte shall minimize traffic congestion by providing waiting and parking areas off of public roads for trucks delivering waste to the Landfill. 5. La Porte shall take all reasonable measures to prevent vehicles leaving the Landfill from tracking mud onto the access roads to the Landfill. 6. La Porte agrees to notify BOC wi thin 10 days following the submittal of any applications for permits, authorizations, licenses, or the like, including amendments thereto, with respect to the Landfill property. 7. La Porte agrees that, wi thin 60 days of acquiring the site for the construction of the Landfill, to place of record in the Real property Records of Harris County, Texas, the covenants and restrictions contained in this Agreement restricting (a) La Porte I s operation of the Landfill and (b) future uses of the land. Such recorded restrictions shall be considered and construed to be covenants running with the land, binding upon each successive owner of any part of the land, and shall be for the benefit of and enforceable by the Parties' hereto or their successors and assigns. 8. As described in La Porte's Landfill application currently pending before the TDH, the landfilling shall be conducted to achieve final grade in an area as soon as practicable and the final cover material shall include at least 1.5 feet of impermeable clay as specified for bottom and side liners in the 3 e e Landfill. La Porte shall also remove abandoned pipeline segments from the active landfill area and properly backfill the pipeline routes to minimize subsurface landfill gas migration. 9. The Parties understand that the decomposition of municipal solid waste when interred in a landfill generates methane gas. The Parties further understand that the TDH and other regulatory agencies are concerned that concentrations of methane at the properly line of a landfill not exceed the lower explosive limit, such concentration being five percent (5%) of the air by volume or 50,000 parts per million ("ppm") of methane. However, because Boe operates an air separation facility located approximately ,3,000 feet north of the proposed Landfill, and because methane levels in excess of 2.9 ppm at the Boe intake structure may affect the ability of Boe to produce oxygen meeting Boe specifications, the Parties hereto agree to the following: 9.1 The current ambient air concentration of methane at the Boe facility is approximately 2.11 ppm. This concentration is calculated from concentrations of methane which Boe has measured in its product. 9.2 Methane is concentrated in the oxygen portion of Boe I s product and can be measured in the reboiler at the plant. 9.3 Boe has a product specification that methane in its oxygen shall not exceed 25 ppm. 4 e e 9.4 Boe will monitor methane in its reboiler at Boe's expense. Boe shall provide La Porte all data pertaining to methane levels in the reboiler in a quarterly report. In the event that (1) the two hour average concentration of methane in the reboiler exceeds 20 ppm during three or more days in any consecutive 30-day period; (2) the prevailing wind was from a generally southerly direction during the times when such 20 ppm or greater concentration of methane was measured; (3) Boe concludes that the operation of the Landfill is the primary cause of the increase of such methane concentrations; and, if so, (4) that such events can be reasonably anticipated to cause Boe to exceed the methane specification of 25 ppm in its oxygen product, Boe shall notify La Porte in wri ting that such event has occurred and shall provide La Porte with all data in BOC's possession which is relevant to the issue of the concentration of methane in BOC I S oxygen product, including but not limited to laboratory data and wind direction. 9.5 La Porte shall have 30 days in which to examine the data and determine whether it contests the accuracy of the data and to determine if the Landfill is the primary cause of the increase in methane concentrations and, if so, that such events can be reasonably anticipated to cause Boe to exceed the methane specification of 25 ppm in its oxygen product. In the event that La Porte does not contest the accuracy of 5 - e, the data nor the assertion that the Landfill is the primary cause of such events and, if so, that such events can be reasonably anticipated to cause Boe to exceed the methane specification of 25 ppm in its oxygen product, within 30 days after receipt of such data, La Porte shall, within 30 days of the expiration of the 30 day period, notify Boe as to its selection of one of the remedial actions described in paragraph 9.5a and 9.5b below. 9.5. a. If La Porte selects this remedial action within 30 days of its selection notice to Boe it shall pay BOe $117,650.00 in 1987 dollars for the installation of a 100 foot high, 34 inch diameter, intake stack at BOC IS facility. This cost shall be recalculated in current dollars by applying an inflation factor derived by dividing the most recent annual Implicit Price Deflator for Gross National Product published by the U . S. Department of Commerce in its Survey of Annual Business by the annual Implicit Price Deflator for 1987. If La Porte does not make a remedy selection within the specified 30 day period or make the required payment within the 30 day period after its selection of this remedy, Boe has the right to proceed with installation of the higher intake and proceed with its claim against La Porte at a later time. 6 - e The parties understand and agree that all money paid to Boe by La Porte under this section is intended to be used for the construction of an intake stack which, at a minimum, meets the size standards set forth herein. Should Boe receive payment under this section from La Porte and should Boe fail without good cause to construct a stack which at least meets the specifications stated herein wi thin 240 days from the date of payment, La Porte shall have no further obligation hereunder and La Porte shall be released from any liability with respect to methane emissions. Once the stack is constructed, Boe has the duty to properly use, operate and maintain same. 9.5. b. If La Porte selects this remedial action, within 60 days of its selection notice to Boe it shall begin the installation of the landfill gas collection and flaring system constructed and designed in accordance with then current technology and sound engineering practice. Installation of the landfill gas collection and flaring system shall be completed within 240 days of La Porte I s selection notice to Boe. When completed, the landfill gas collection and flaring system shall be operated in accordance with sound engineering practice. 7 - e1 9.6 If, after implementation of one of the remedial actions described in paragraph 9.5, the methane conditions described in paragraph 9.4 occur again, Boe shall provide La Porte with the notice and data specified in Paragraph 9.4. La Porte shall then have the 30 day review period provided in Paragraph 9.5. In the event that La Porte does not contest the accuracy of the data nor the assertion that the Landfill contributes to the methane conditions described in paragraph 9.4, and, if so, that such events can be reasonably anticipated to cause BOe to exceed the methane specification of 25 ppm in its oxygen product, La Porte shall implement the remedial action in Paragraph 9.5 that was not previously implemented. Implementation shall be completed wi thin the time specified in paragraph 9.5 for the remedial action using the end of the 30 day review period in Paragraph 9.5 as the date of the selection notice. 9.7 Should La Porte contest the conclusion that the methane level in the reboiler reached a two hour aver~ge of 20 ppm over three or more days in any consecutive 30-day period, or contest the fact that the Landfill is the primary cause of the increase of such methane concentrations, and, if so, that such events can be reasonably anticipated to cause BOe to exceed the methane specification of 25 ppm in its oxygen product, La Porte and Boe agree to arbitrate the dispute. La Porte shall give Boe written notice of its 8 - e decision to use arbitration within the 30 day review period specified in paragraph 9.5. It is the intent of the parties that there be a panel of three arbitrators, each of whom is to be familiar with the technical issues associated with the dispute. Each of the two Parties shall name a technical expert as a representative wi thin 15 days of the notice to use arbitration and the two arbitrators named shall select a third technical expert within 15 days after the Parties have each named an arbitrator. The arbitration panel shall determine whether the events described in Section 9.4 have occurred, and if so, whether the Landfill is the primary cause of the increase in methane concentrations and whether such events can be reasonably anticipated to cause Boe to exceed the methane specification of 25 ppm in its oxygen product. The Parties agree to be bound by the decision of the arbitration panel, as evidenced by a majority vote of the panel. Each party agrees to compensate the arbitrator who it has appointed, and agrees to pay one-half of the costs of the third arbitrator. Unless otherwise ~greed to in writing by the Parties, the arbitration panel shall conduct its activities in a manner and on a time schedule such that the panel will render a decision within 60 days of the selection of the third arbitrator. It is the intent of the Parties that this agreement comply with and be in conformance with the terms and conditions of the Texas General Arbitration 9 e e Act. The parties also pre-arbitration discovery other. agree to at the cooperate in expedited written request of the 9.8 BOe shall continue to monitor methane as described in paragraph 9.4 herein and provide La Porte with the results of same during the period when La Porte has a landfill gas collection and flaring system in operation. At such time that La Porte determines that the landfill gas collection and flaring system is no longer needed because methane generation at the Landfill has decreased to a level that elimination of the gas collection and flaring system will not cause BOe to exceed the methane standard of 25 ppm in its oxygen product, La Porte shall notify Boe of its intent to cease operating the system. Boe shall have 30 days to determine whether it concurs that the landfill gas collection and flaring system is no longer needed. Should Boe choose to contest this conclusion, the Parties agree to arbitrate the issue in accordance with pa~agraph 9.7 herein. The arbitrators shall decide whether the elimination of the landfill gas collection and flaring system at the Landfill will cause Boe to exceed the methane standard of 25 ppm in its oxygen product. 10. The Parties hereto agree to allow representatives of the other Party to enter and inspect each Party I s facility during normal daylight business hours Monday through Friday to protect the integrity of this Agreement. 10 - e 11. As consideration for La Porte I s agreeing to the above conditions, Boe agrees to withdraw its opposition to La Porte's pending application to the TDH for a solid waste disposal permit for the Landfill and not to oppose same in any other forum. Addi tionally, Boe shall not in any way encourage, directly or indirectly, including financial contributions, other than mandatory dues and assessments paid to Bayport Industrial Association, any other person, firm, or entity to oppose or in any other manner attempt to prevent La Porte from operating the Landfill that is the subject of this Agreement. Provided, however, Boe is in no way limited in exercising whatever rights or remedies which may be available to see that the Landfill is operated in compliance with applicable regulatory requirements, to enforce the terms of this Agreement, or to protect its facility or recover damages in the event the remedial actions provided for in Paragraph 9.5 are inadequate to prevent the methane specification of 25 ppm from being exceeded in Boe's oxygen product. 12. The terms of this Agreement and other restrictions are 40 years, or the longest period permitted by the laws of the state of Texas. 13. The Parties understand and agree that if for any reasons La Porte does not receive a permit to operate a landfill at the site contemplated by this Agreement, or for whatever reason does not begin the disposal of waste at the site, all provisions of 11 - e this agreement are null and void save and except paragraphs 2 and 7 . 14. This agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the Parties hereto. 15. The Parties hereto covenant and agree to execute such other and further documents and instruments as are or may become necessary or convenient to effectuate and carry out the objectives of this Agreement. 16. This Agreement was lawfully approved pursuant to eity of La Porte Ordinance No. adopted by the eity Council of the ei ty of La Porte by the maj or i ty vote on Agenda Item No. at the eity eouncil meeting on , 1987. 17. Any notices related to this Agreement must be made in writing and may be given or served by depositing the same in the Uni ted states mail postpaid and registered or certified, with return receipt requested. Notices shall be sent to the following designated representatives at the addresses indicated: If to La Porte, to: eity Manager eity of La Porte Post Office Box 1115 La Porte, Texas 77571 If to BOe, to: Production Superintendent Airco Industrial Gases 13440 Bay Area Boulevard Pasadena, Texas 77507 The designated representatives and their addresses can be changed with at least 15 days written notice to other parties. 12 - . Executed in multiple originals, this day of , 1987. THE eITY OF LA PORTE By eity Manager Attest: eity Secretary THE BOe GROUP INC. By e.J. Mceoy Vice President of Operations and Technology 13 - .' STATE OF NEW JERSEY s s s eOUNTY OF UNION This instrument 1987, by Technology of the Boe Group, behalf of said corporation. was acknowledged before me on , , Vice President of Operations and Inc., a Delaware corporation, on Notary Public in and for the State of New Jersey Notary's name (printed): My eommi~sion Expires: 5L2:47100.2/7 14 e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26, 1987 Requested By: Robert Herrera Department: Administration Report Resolution xx Ordinance Exhibits: Ordinance No. 915-K-(B) Letter from Conoco SUMMARY & RECOMMENDATION Ordinance No. 915-K-(B) amends a permit granted to Conoco, Inc. under Section 18-A-3 of Ordinance 915 to reflect the change of ownership from Conoco, Inc. to Cain Chemical, Inc. Action Required by Council: Approve Ordinance No. 915-K-(B) Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda Q~'c ~_ Robert T. Herrera City Manager \o...--z. z.-~\ DATE e e ORDINANCE NO. 915-K-(B) AN ORDINANCE AMENDING A PERMIT GRANTED UNDER SECTION 18-A-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LAPORTE, TEXAS; AND APPROVING THE APPLICATION OF CAIN CHEMICAL, INC., ASSIGNEE OF CONOCO, INC., DATED OCTOBER 5, 1987, FOR THE AMENDMENT OF THE PERMIT GRANTED UNDER 915-K ON SEPTEMBER 20, 1978, AS FURTHER AMENDED BY ORDINANCE 915-K- (A), TO TRANSPORT ETHYLENE, OIL, GAS, AND THE PRODUCTS AND BY-PRODUCTS THEREOF, INCLUDING ETHYLENE, ETHANE AND NATURAL GAS THROUGH SUCH PIPELINES; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE: Section 1. The City Council of the City of LaPorte has received an application dated October 5, 1987, from Cain Chemical, Inc., Assignee of Conoco, Inc., requesting an ammendment to its permit under Section 18-A-3 of Ordinance 915, being Chapter 18-A of the Code of Ordinances of the City of LaPorte, which permit was granted by Ordinance 915-K, passed and approved on September 20, 1978, and amended by Ordinance 915-K-(A), to reflect the change of ownership from Conoco, Inc., to Cain Chemical, Inc. In all other respects, the permit, as amended, shall remain in full force and effect. Section 2. The City Council of the City of LaPorte hereby approves the applicaton of Cain Chemical, Inc., dated October 5, 1987, to amend its permit, to show Cain Chemical, Inc., as the new owner of the pipelines described in said permit. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED, this the 26th day of October, 1987. CITY OF LAPORTE BY Norman Malone, Mayor ATTEST: City Secretary AP~rJ cL City A~torney i e . ~ - ~~~...,. ~-, ..V,,", ,..,-" ,..J "'"' I .~ _ j ".", :.:J ",) / ~l:l:"iJl~ Conoco Inc. P.O. Box 1137 Mont Belvieu, TX 77580 October 5, 1987 City of LaPorte Arlene Mann P.O. Box IllS LaPorte, Texas 77571 Re: Yearly Pipeline Assessments - General Ledger # 001100110002 Ownership Change Dear Ms. Mann: Please be advised that ownership of the subject pipelines has changed effective June 9, 1987. The pipelines (one six (6) inch and one eight (8) inch), formerly owned by Conoco Inc. are n6w owned by Cain Chemical Inc., 11 Greenway Plaza, Suite ~, Houston, Texas 77046. -:) ICO Future assessment invoices should be mailed to South Texas P iJ>~J. i o.e-C.o.mp-g.I1Y.r_ R t . 1 , Box 14 1 P, Bay C i t Y , T e x a s 7 7 4 14 , ~;::9ion Sam C. Hsie-h-~-\Director of Pipeline Operations. phone 3 -77~.... h k f . d h 1d ~ d dd" 1 T an you or your assIstance an s ou you\nee a ItIona data, please advise. Phone 713/422-0024 ~ WJS:sw UJt!) " j J - q \ ~- )-< f\;rJ \J lit ~ lfY \ l}t'k-C \ e't.tJl . \ ~\) ~ cc: Donna Walker Sam C. Hsieh - ST P/L Mike Quinlan - Cain Chemical c:::-+ y\G... ,~- ~ BS.61 i TO: .OM: Paul R. Hic.k.enbottom e Date: 10/19/87 City r~anager REQU~ST FOR CITY COUNCIL AGENDA ITEM 2. Report X Resolution 1. Agenda Date Requested: 11/26/87 Ordinance . 3. Project Summary: Payment 06 AMon Re.wand M peJt La POflte Fbte Code, Atr.:Uc1e 2, Viv.6ion 4, Section 2.25, Sub.6ection (al to Clayton Glenn Gone, 5413 Roc.k. SpflLng.6, La Ponte,TeXM 77571 4. Action Required: PM.6age 06 Re.6olut1on 5. Alternative: V16appnoval 6. Recommendation: PM.6age 06 ne.6olut1on-Payment o~ AMon Rewand 7. Exhibits: Memo to Ro beJLt T. H eJUteJta, LeXteJt 6nom M.6t. V16,ttU..c..t Attonne(f, La Ponte Fbte Code Atr.:Uc1e, Fbte Vep~tmel1t Re.6pon6e Sheet, State Fbte Lo~.6 Repont Account Number: X General Fund Capital Improvmt. Other 001-500-501-620 FdA'l b1 X Y . un s val a e: es No ~t.It~- P.ccucstcd By Water/Wastewater General Revenue Sharing a.Availabi1ity of Funds: 9.Approved for City Council Agenda .1 U7~ T ~ Ci ty ~lanaqer Oatp. )~ INTER-OFFICE MEMORANVUM FIRE MARSHAL'S OFFICE e e VATE: Oetob~ 19, 1987 TO: Robvz;t T. HeJ1JLeJU1-C..uy Manag~ FROM: Paul R. Hickenbottom SUBJECT: ARSON REWARD PAYMENT TO MR. CLAYTON GLENN GORE On Apill 6, 1987 at 8:09 am, the La PolLte Fbte VepaJttment !l..ecuved a gen~al alaJun 6bte c.ill to !l..e6pond to 901 South BJwadway. A6t~ the 6bte in tw bU6ine6-6 Wa6 eilinguL6hed and a6t~ I had completed my inve6:Uga.:ti..on, I c1..a6-6i6ied tw 6bte a6 an IncendiCVLY (ARSON) Fbte. On Apill 8, 1987, I !l..ecuved a telephone cali 6!l..om CLAYTON GORE who told tw o 6 6ic~ that on Apill 6, 1987. and had -6et the 6bte at 901 South BJwadway On Apill 9, 1987 I went to the La PolLte High School wh~e I took into cU6tody the two a60!l..ementioned juvenite6 and tJr..a.nopolLted them to the La PolLte Police Sta.:ti..on, wh~e, dwUng qUe6:Uoning, the two juvenite6 adrn.i.ft.ed to theJJt involvement in the 6bte at 901 South BJwadway, and gave -6ta.tement-6 to that e66eet. BecaU6e 06 the in60Jz.ma.:ti..on that CLAYTON GORE gave, tw 6bte 066enoe Wa6 quickly -6olved and the people that w~e !l..e6ponoible w~e taken into cU6tody and cha.Jr..ged w..uh ARSON. rh~e60!l..e, I am !l..eqUe6:Ung that :the c..uy 06 La PolLte AMon RewCVLd 06 $250.00 und~ O!l..dinance #1388, AJz;t[c1..e 2-Vivi6ion 4-Sewon 2.25, be 066~ed to MJr... Clayton Glenn GO!l..e 06 5413 Rock SpJr..ing-6 La PolLte,Texa6. g:;~k.~ Paul R. Hickenbottom-Fbte Ma.n-6ha.t e e DON STRICKLIN FIRST ASSISTANT DISTRICT ATTORNEY'S BUILDING 201 FANNIN, SUITE 200 HOUSTON, TEXAS 77002 JOHN B. HOLMES. JR. DISTRICT ATTORNEY HARRIS COUNTY. TEXAS October 16, 1987 Mr. Paul Hickenbottom LaPorte Fire Marshall's Office P.O. Box 1115 LaPorte, Texas 77571 Re: Cause Number 61393 and 61395 Your Case Number 86-8967 Dear Mr. Hickenbottom: This is in reference to the arson of the Dairy Queen Store at 901 S. Broadway, LaPorte, Texas, that was committed on April 9, 1987. These cases were heard in the 3l4th District Court in Harris County, Texas. j The two Juveniles stipulated to committing this offense and were declared JO .. e engaged in delinquent conduct. On June 24, 1987, was placed in the custody of the Chief Juvenile for placement at the Harris County Youth Village. received the same ~SPosition on July 15, .',Ip. {1~ t strict Attorney , I \Ten Ie Court \unty, Texas J.O'D/lh touching an~ter under examination. or who is gUilt_any contemptuous conduct during any of the proceedings of t fire marshal in the matter of such investigation or inquiry. after being summoned to give testimony in relation to any matter under investigation. shall be deemed guilty of a misdemeanor. and it shall be the duty of the fire marshal to cause all such offenders to be prosecuted. (el If the fire marshal is of the opinion that there is evidence sufficient to charge any person with the crime of arson. or with the attempt to commit the crime of arson, or of conspiracy to defraud or criminal conduct in connection with any fire. he shall causc such person to bc lawfully arrcstcd and chargcd with such offense or either of thcm and shall furnish to thc proper prosecuting attorney all such evidence. together with the names of witnesses and all of the information obtained by him. including a copy of all pertincnt and material testimony taken in the case. Sec. 2.25 'R~ard for information leadinr, to arrest and final conviction of person ~uilty of arson. (a) There is hereby offered to any person who shall be respon- sible for, or who shall furnish information leadin~ to, the arrest and conviction of any person guilty of arson committed within the city limits. a reward in the sum of two hundred and fifty dollars ($250,00). Such reward shall be paid to such person by the city treasurer out of the general funds of the ciry upon proof to the city commission that such person is in fact responsible for, or has furnished information leading to . the arrest and conviction of such criminal, and after a resolution has been duly passed by the city sommission finding such facts and authorizing such payment. (b) No officcr in the employ of the city, county or state, whose duty it is to detect violations of the law or make arrests in connection therewith. shall be entitled to any reward [or information leadinR to ~he arrest or conviction of any person guilty of arson. (le) LA r~ AiC fJ. I? 5' j /'v' f/ !\ E C:JO[ f\ f. VIJ' /l R.. () ......" r> D ~ / .:> (, Q L/ ". .J :.> :.) /15 J/ D i 1/, if I 5 r~ ).'J:)' LA F' 0 F.: T E F I F.: E DEF'AR ENT PEe;] F.: D OF ALARM R - ONSE D I ~::;TF: I CT I OAL;_t_3 r ITlo F ~A~ LOCATIOq;')7T s:~+~- B/~~ 4JfvJ~~ V TVPF:' 0' A AI>" OENERAL - I OCC~PANT P f), ;--5 PHO'~E OIJNER [PHOIIE STATION '-17/--.3,:1..'1 fJL., IRASi n J-h:. F LEy ~;;(i; -;) itS3 , i'Ai,,(\! . ..=>.<2. """'-- MUTUAL AIO TYPE 01 r/RE CA~L ((HECl( ONO I TRUE ."'-- UNr'OUI/DEO I '.ALGE I t RESl:(HTlAL REGCUE OR^UG UTILITIE!l APARTME:NT I j CC""(R>CIAl. ~IROT AID WRECk/t.l^~HtOO~" ASSIBT POLlCE MOOILE HOME SCHOCL ^IRCR^rT f"UI:L DPILL TPAUIt NURBINO HOME CHU-':C~ CHEM-GAG RELEA!lE SMOKE RAILROAD OUTOUILDING I CAY CARE BOAT INOU!lTRIAL DUMPBTER BUMO CALL YEHICLE LICENSE NO OTHER I BRIEf" DETAIL or OPERATION ^T rlRE IT Iii 9 !lECTION TO DE COMPLETED BY f"IREMAN IN CHAROEI i I ECUIP"E:NT PESPONDING TO ALAR" ;j I z. -;;2, J '3 TYPE BOOSTER 2-1/-:' .If}!j~ 41n HOOE HOSE USED :11 " I",I~ HnRI' 1-1/2 HOBE HOOE DETAILS or ALAR" , /S/ I>~/ .,c-'//'I~-/, I ;~d ~A~' '\ hD~'/,' / {..//..-W" /Vr ",/./,. p,<- I ~.'C- /-7 v 7 / 'r -II, r;;; ~..- /-.. ~ ," ., { Iv', . \c( { L..{,I i' /{ rIll I v LJ ./f-h-... .<:,1--7 t<' L '-" .;} ,'Sc. t;<J ./ .7S I S-?-I,) /f e /1 / 7" I . INfORMATION f"OR fiRE PREVENTION TYPE or 5Th~E rLOOR TYPE I HEIOHT esTOR IESI . ;c ..,.I}'t (",~ ," >-c'._ /- I MOW ALARM RECEIVED / ",--. /(~" -~,- /),~., P_0,A8LE CAUBE 01 rlRE 0' OTHER INrORMATION ~( C;/I_'/O ~ {Ill d ro/~ I ) I L..'C-: l I !IJClNEU DV r IRe/IAN If! CIIAROE ~~, L ..... ~~ u FIRE LOSS REPORT e STATE FIRE l'lARSHAL e FIRE PREVENTION ,SECTION J T!;':~ .OF ALA;:{j.! 8:09am DATE 4/6/87 19 . CITY,OR COUNTY La Porte , TEX;"S 901 South Broadway La Porte LOCATIOii , TEXAS OCCUP;,ncy Mercantile conSTRUCTION Brick v,eneer OCCU?'".ilT Pat's Dairy Queen NUi'IBER OF PERSONS l.jADE HQ:'!ELESS 506 Cr~gtwood El Lag~"Texa~ ADDRESS ,~ . O~:~:ER !1 r s. Pat r a s i a II e fIe y 1_"'-'""~ Mi;:'i\c:. DID THE FIRE ORIGINATE? (bedroom, bath, garage, yard, etc.) Counter Top-south wall' lnterlor ~HAT STARTED THIS FIRE? (cigarette, tool, appliance, match) etc.) Match ~:HAT TY?E OF HATERIAL IGNITED? (papel", gas) gasoline) fabric, etc.) Paper/Plastic WHAT AIDED IiI THE FIRE SPREAD? (curtain, mattress: \'Iall covering, etc.) Pape~/Pl~strc' ~1iscellaneous ..1,_ " FIRE LOSS INFORj.1ATION VALUE I NSUR,lINCE COVERAGE lOSS SUSTAH1ED E U I L 0 IrlG. . . . . . . . . . $ $ $ 650.00 COilTEilTS......... .$ $ S 350.00 O-"-:;l. $ 1 r.::,,,. . . . . . . . . . . . . $ s , rOTALS........... .$ $ $ 1,000 , . iDTE: IF LOSS EXCEEDS $250,000, OR INVOlVEO t'iORE THMI 10 BUILDInGS, OR KILLED 3 OR ~IORE PERSOilS, PLEASE INCLUDE A SEf'i\~YrE, DET,\ILr:O REPorn. -G:.~'~Er:iS : Fire was intentionally set,juvenile related arson. 4/9/87--2 arrests made. rlj:v/ Rr//~.k/~(/(~Vj~ 1S1snJt~re of person ccrnplet:inU r' ,lOt'l) -JLB...E......iUL) R. \ f .A ( (t.itLe) ~!L THIS R~?O?T TO: STATE FIRE MARSHAL S T;\ T E GOARD OF I U SL';-;i'\;~C E 1110 sr,n J,\C uno . AUSTIll, TEXAS 78736 e e RESOLUTION NO. 87-20 WHEREAS, Article 2, Division 4, Section 2.25, Subsection (a) of Ordinance 1388, the City of La Porte Fire Code, addresses offering a two hundred and fifty dollar ($250.00) reward to any person responsible for furnishing information leading to the arrest and conviction of any person guilty of arson committed within the city limits; and WHEREAS, Mr. Clayton Glenn Gore, 5413 Rock Springs, La Porte, Texas, came forward with information regarding a fire at 901 South Broadway, La Porte, Texas, that occurred on April 6, 1987; and WHEREAS, as a result of Mr. Gore's statement, two juveniles were arrested and subsequently were found guilty of arson, and are presently placed at the Harris County Youth Village. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS Section 1. Glenn Gore has 1388 regarding and conviction rewards for of any person That Mr. Clayton met the requirements set out in Ordinance information leading to the arrest guilty of arson. Section 2. That Mr. Clayton Glenn Gore is qualified to receive a two hundred and fifty dollar ($250.00) reward for his efforts in said arrest and conviction, and shall have a check forwarded to him by the City of La Porte in the amount of two hundred and fifty dollars ($250.00), payable from the City of La Porte General Fund. Section ~. This resolution shall be in effect from and after its date of passage. PASSED AND APPROVED this the 26th day of October, 1987. CITY OF LA PORTE By Norman L. Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney ~ ; e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 10/26/87 Requested By: B. Don Skelton Department: City Council Report x Resolution Ordinance Exhibits: Resolution 87-21 SUMMARY & RECOMMENDATION The current Board of Directors of Houston-Galveston Area Council are proposing anamendment to the by-laws concerning the method of amendment of H-GAC by-laws. The amendment, as proposed, could limit the effectiveness of smaller cities which are members of H-GAC. The attached resolution is a resolution opposing the change of the H-GAC by-laws as pertains to Section IX Amendments. Action Required by Council: Passage of Resolution 87-21 Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera City Manager DATE . e RESOLUTION NO. 87-21 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE OPPOSING THE CHANGE OF THE H-GAC BY-LAWS AS PERTAINS TO SECTION IX AMENDMENTS WHEREAS, Article II of the By-Laws of the Houston-Galveston Area Council states that the objectives of the Houston-Gal veston Area Counc il shall be to encourage and permit local units of government to join and cooperate with each other to improve the health, safety and general welfare of their citizens and to plan for the future development of the 13 county regions; and WHEREAS, the City of La Porte has fulfilled all membership requirements, including the payment of dues and the adoption of the Houston-Gal veston Area Counc il By-Laws by passage of an ordinance, minute order, resolutions or other appropriate legal action; and WHEREAS, the current Board of Directors are directing that a proposal to amend Article IX concerning the method of amendment of By-Laws be placed on the October H-GAC agenda; and WHEREAS, Article IX of the H-GAC By-Laws mandates the unanimous vote of the members of the Board of Directors for the By-Laws to be amended; and .WHEREAS, a proposed two-thirds vote by the current composition of the Board of Directors to change the current By-Laws as proposed, or any other vote other than a unanimous vote could limit, or exclude membership on the Board, raise dues, or alter any other provision of the H-GAC By-Laws to suit a non-representative minority or majority of current members; and WHEREAS, the authors of the original By-Laws in their wisdom sought to preserve the rights of small or disadvantaged entities to maintain a balance and provide a mechanism to encourage the active participation of all governmental entities to obtain the objectives of the Houston-Galveston Area Council; and WHEREAS, these proposed amendments, no matter how well intended, jeopardize these rights. NOW, THEREFORE, BE IT RESOLVED THAT the City Counc il of the City of La Porte opposes any at tempt to amend the vot ing requirements of Section IX of the By-Laws of the Houston-Galveston Area Council; and instruct our representa t i v es on the H-GAC Board of D i rec tor s, the i r alternates or successors, to vote against any change to Section IX of Houston-Galveston Area Council By-Laws. i. - e e Resolution No. ]7-21 Page 2 FURTHER, the City Council of the City of La Porte strongly urges the other member cities of the H-GAC Board of Directors to do likewise, with the full realization that this amendment is fundamentally and equally onerous to all members, be they a Home Rule city, General Law city, school d istr ic t, conservation district, County, or any member out of favor for any reason at any time. PASSED AND APPROVED on this the 26th day of October, 1987, by the City Council of the City of La Porte. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary i. i e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Requested By: Joel H Al eartment: Community Deve. xxx Report Ordinance Exhibits: Letter from Houston Lighting & Power Co. SUMMARY & RECOMMENDATION The 1986 Bonds for the Golf Course included funds for a crossing of Wharton Weems Blvd. for golf course maintenance equipment and golf carts. The City Council, on August 10, 1987, did approve of construction of a tunnel to connect the two (2) portions of La Porte's Bay Forest Golf Course. The staff has worked with Houston Lighting and Power Co. on electrical utility needs for the golf course. Through these discussions we were able to get 2,000 feet of electrical line extension at no cost to the City. However, we can not get the electric extension for the lighting and the sump pump to drain water from the tunnel completely at no cost. Houston Lighting and Power has agreed to furnish the transformer, meter and drop, but cost of the extension and poles will need to be borne by the City of La Porte. The cost of the 775' of electric utility extension will be $6,572.00. Staff does recommend approval of this request by Houston Lighting and Power Company. Action Required by Council: Approve request Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing xx Account Number: Funds Available: YES NO Aooroved for City Council Agenda 1?~ t\ l~ Robert T. Herrera City Manager \V-W~J DATE e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM OCTOBER 20, 1987 TO: Robert T. Herrera, City Manager THRU: John Joerns, Asst. City Manager Developmec:J~~ Golf cour~- FROM: Joel H. Albrecht, Director of Community SUBJECT: Power to tunnel at LaPorte's Bay Forest On August 10, 1987 the City Council approved a contract with Allgood Construction Conlpany to build a tunnel across Wharton Weems Road, connecting the two sections of the golf course. Part of the construction of the tunnel includes the placement of lighting for the tunnel and a sump pump to remove water that would drain into it from rain or irrigation. The staff has met several times with Houston Lighting and Power Company to discuss the extension of electrical utilities to the golf course and was able to get two thousand (2000') feet of electric utilities extended at no cost to the City, but this last extension of seven hundred seventy-five (775') feet will need to be at our expense with Houston Lighting and Power Company providing the transformers, meter and drop. The cost for the overhead extension from Broadway Street to the site will be $6,572.00 or $8.48 per foot. Staff does recommend approval of this 5tem to complete the electricaJ work at the tunneJ. JHA/nb . . The Light cODlpany RECEIVED /~. /9, Jg '7 :t6-- COMMa DiV. Houston Lighting & Power P. O. Box 597 Seabrook, Texas 77586 (713) 474-4151 October 14, 1987 City of La Porte Mr. Pat O'Malley P. O. Box 1115 La Porte, Texas 77571 Subject: Extension of 240/120 volt three phase electric service to 200 Wharton Weems Dear Pat: We would like to confirm the information recently you regarding the extension of electric service to the sump pump at 200 Wharton Weems. given tunnel For an installation such as the one you are requesting, it is our policy to provide only transformers, meter and drops at Company expense. All other necessary line construction is done at the customer's expense. Your portion of the construction cost for electric service at the specified location is $6572.00, which amount is not subject to refund. We would be pleased to discuss this information in further detail if you desire. We would appreciate your indicating acceptance by signing in the space below and returning the original of this letter to us along with your remittance in the above amount. Your acceptance and remittance will be our authority to proceed with the work. Sincerely, ~~~ Nelly Trevino Power Consultant NT/jm . ~~ -' z ~ ~r- N: U\!II N~ ~n ~~ '% o C Qr ~ ,1 It ~~ ~~ :!~ z- ~ Q~ Ill", __ '11~ om 8IN :a:~ I1Attfd( [;Jl. ~ Q -- n o I: '11 ~ Z 0( ~~ ~~e '" ~ z o J: ,... If .. ... .. .:. ... . :. z ~ ;. z ~ :tfbA0 'Z.Of @ . IZ:5'j; !io'/Z & R:>3JP43 ~ ' S1l?u T Gtt 'f filt.- fir zcr ~ ~~ --~ Dlo V1~ :t::::b ~-<. <. ~ ~ II H/~HWR~ Noll FIC/tTlcJ'.J ()JIlL ~ NGGDcV I 5c~VlCE:. j)j(.op awDtlcrortS SllIIlf.... f/flve AI THe /.()wesr IblnT OF 7HG Dr<.ofJ f!.oNf)UC{cilS /2' OF C~MNCJ:; tii Gfi,l'uYlO. ()JJSTWI€fl MeTtllI&E k> /3C flj)ceP ON f'lZof'CIl1Y I Nor IN' f2i:II]) Il. o. 'tJ. ! / / / 501z ~3 3' 51iWr Gu'f & 4'3Vz P33 4~Y~ Pt'r PS'5 GV1- / / 4514- 4tZJW\ _ .,.J. I'>. P03 _ ~'I' -77$/~ f!:f6. .:. 2.t :; , -- /Jares: ftov/oe Savlce 10 l~ulYtf/ fD(( eny 0{ h7. fblerG e.- ZOo IN ~T4R[oN We;;JnS (sAJR. 49&) ~ t::fl ~j <l'!J LQ: . ~./ 0/ ,-y 1 ~t/ .1JJsril/L : Z lSo'/Z frJt.e ~ ~~~ z., z~ tZ/<.V J,WN #Jys W;IO"Il~Ofl.S 'I., 3' 5"l.uf Guys r JO" IW. 'C1{t>1l-> 775't. .ZA~ Z4 1kI. ; 7l~/-t *fA1IR Nsu-r~l- I OfEN [)E.Qi!, )(FIHIt BIIN'" lZk.'I IZO/Z40v 4w :4 Z /O/l.v,q '1FfJ1j(S Urrnv. I it Ip 4c... AL IW j)~ ("Z~'1;.) I Bf G7.J:/zfoy) /::"VAO 1nCJCJ? lWw\(J()N WEE.M3 ~3!'70 ~OWA'f' _WEST /4)AP /l..o.W - f ~ CA.cr PA1li 6')(10' riiNN~t... UNPeIl- WUrtt4.1'"1S1Il W~ 4!S Y4 PI" GV~ ~ .J:ELT~ l3IINJ'- ""/0 4v D/l.t:R &:. Servi<a.,. Outlet Location and Data Statement H~ON LIGHTING & POWER COMPANe Date October .. .., rlYeC i I{)' 9. 67 ~ 5, 87 HL&P 20 (12-82) Address 200 Wharton Weems City of La Porte Municipal Golf Course Owner's Name Prepared by A. Jaramillo ~~ Owner's Address Type of Occupancy Pump for Tunnel Location Requested by 3 Owner 120 Service: ~ Fault Current: Initial 7, 100 Contingent upon acquisition of proper right-of-way (YES) 240 4 Volts Ultimate 171,800 10 3~ 2 1~ Wire. Estimated KV A Amperes RMS Symmetrical at 240 Volts No Contingent upon Contractual agreement with HL&P Company Customer Relations Department Remarks: Copies to: (1) Nelly Trevino (2) City of La Porte Mr. Reagan McPhail P. O. Box 1115 LaPorte,Texas 77571 * Service to permanent meter pole. LOG #0925117 H.L. & P. CO., ENGR. DEPT., MUST REVIEW FOR POSSIBLE REVISION AFTER APRIL 5, 1988. Service outlet, point of attachment for service drops and meter location must be in accordance with Company's Service Standards. ELECTRIC METERS MUST BE PLACED IN AN ACCESSIBLE LOCATION. SEE ATTACHED SKETCH AND SPECIFICATIONS LEGEND o X ) I Q \',/ c:::::::I c ::; o EXISTING WOOD POLE PROPOSED WOOD POLE EXISTING DOWN GUY PROPOSED DOWN GUY EXISTING O/H PRIMARY LINE PROPOSED O/H PRIMARY LINE EXISTING O/H TRANSFORMER PROPOSED O/H TRANSFORMER EXISTING LINE FUSE PROPOSED LINE FUSE PROPOSED SERVICE SECONDARY CUSTOMER METER POLE NOTICE. DANGER Construction work near power lines can be dangerous. Most HL&P overhead lines are energized at voltages in excess of 7,000 volts and are bare metal with no protective covering. Contact can result in serious injury or death. HL&P cannot supervise your construction work. Only you and those working with you can assure safety from power line contact. To enforce safety near high voltage wires, Texas law requires persons responsible for construction work to call HL&P ~nd conform to legal procedures before beginning any work in which persons or things might possibly come within six (6) feet of a high voltage overhead line. A copy of this law, which carries both criminal and civil liability, is printed on the back this form. o protect your people and obey the law. call HL&P at 228-7400 before problems start. I C^"'-=>> L'" VY ,AN ACT e 1436c (A) within _ equipment readily visible to the operator of s~equipment when at the controls of such equipment; and (B) on the outside of equipment in such number and location as to be readily visible to mechanics or other persons engaged in the work operations; and (2) there shall be installed an insulated cage-type guard or protective device about the boom or arm of all equipment, except backhoes or dippers and, where the equipment includes a lifting hood device, all lifting lines are equipped with insulator links on the lift hook connection. Art. 1436c. Safety of persons engaged in activities in proximity of high voltage electric lines; restrictions Definitions SECTION 1. In this Act: (1) "High voltage" means voltage in excess of 600 volts measured between conductors or measured bet- ween a conductor and the ground. (2) "Overhead line" means all bare or insulated electrical conductors installed above ground except those conductors that are de-energized and grounded or that are enclosed in rigid metallic conduit. (3) "Authorized person" means: (A) employees of a light and power company. (4) "Warning sign" means a weather-resistant sign of not less than five inches by seven inches with a yellow background and black lettering reading as follows:"WARNING. UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." Ten.foot Restriction; Operation of Equipment SECTION SA. In addition to the minimum distances prescribed in Sections 3 and 4 of this Act, the operation of equipment or machines described in Section 5 or any part of such equipment or machines within 10 feet of any high voltage overhead line shall be unlawful unless danger against contact with high voltage overhead lines has been effectively guarded against pursuant to the provisions of Section 6 of this Act. Posting of Warning Signs, Insulated Guards SECTION 5. No person, firm, corporation, or association shall, individually or through an agent or employee, or as an agent or employee, operate any crane, derrick, power shovel, drilling rig, hayloader, hays~acker, ,mechanical cotton picker, pile driver, hOlstmg eqUIpment, or similar apparatus, any part of which is capable of vertical, lateral, or swinging mo- tion, unless: (1) there is posted and maintained a warning sign, as herein defined, legible at 12 feet and placed as follows: Temporary Clearance of Lines SECTION 6. When any person, firm or corporation desires to temporarily carry on any function, activity, work, or operation in closer proximity to any high voltage overhead line than permitted by this Act, the person or persons responsible for the work to be done ~hall promptly notify the operator of the high VOltage line. The work shall be performed only after satisfac- tory mutual arrangements have been negotiated bet- ween the owner or the operator of the lines or both and the person or persons responsible for the work to be done for temporary mechanical barriers separating and preventing contact between material, equipment, or persons and high voltage electric lines, temporary de- energization and grounding, or temporary relocation or raising of the lines. The actual expense incurred by any operator of high voltage lines in providing clearances as above set out shall be paid by the person or persons responsible for the work to be done in the vicinity thereof and the operator of the lines may require such payment in advance, such operator being without obligation to provide such clearance until such pay- ment shall have been made. Should the actual expense be less that the payment made the difference shall be refunded. The operator of the lines shall be given not less than 48 hours advance notice to arrange for such temporary clearances. Violations and Penalties SECTION 7. (a) Every person, firm, corporation, or association and every agent or employee of such per- son, firm, corporation, or association who violates any of the provisions of this Act shall be fined not less than $100, nor more than $1,000 or confined in jail for not more than one year or both. (b) If a violation of this Act results in physical or electrical contact with any high voltage overhead line, the person, firm, corporation, or association violating the provisions of this Act, shall be liable to the owner or operator of such high voltage line for all damage to such facilities and for all liability incurred by such - owner or operator as a result of any such contact. Six.foot Restriction; Functions or Activities of Employees SECTION 3. Unless danger against contact with high voltage overhead lines has been effectively guard- ed against pursuant to the provisions of Section 6 of this Act, no person, firm, corporation, or association s,hall require any employee to perform and no person, firm, corporation, or association shall, individually or through and agent or employee, perform any function or activity upon any land, building, highway, or other premises if at any time during the performance of any function or activity, it is possible that the person per- forming the functio"n or activity shall move or be placed within six feet of any high voltage overhead line or if it is possible for any part of any tool, equipment, machinery. or material used by such person to be brought within six feet of any high voltage overhead line during the performance of any such function or activity. Six.foot Restriction; Operation of Machinery, Etc. SECTION 4. Unless danger against contact with high voltage overhead lines has been effectively guard- ed against pursuant to the provision of Section 6 of this Act, no person, firm, corporation, or association shall individually or through an agent or employee, erect, in: stall, operate, move, transport, handle, or store any tool, machinery, equipment, supplies, materials, house, or other buildings or structure or any part thereof within six feet of any high voltage overhead line. Acts 1971, 62nd leg., p. 76, ch. 41, eff. March 30,1971. This is only a part of the entire act. The complete act is available for review. fk-ovloe Saf/'ce 70 fl1Jn(? (VI?.. em 1 /-t;. Po/erG @...... Jot I ZOo W flRr<.toN rureiYlS JJ./SliJlL: /J(J(ES: Z 5~lZ B'Jt.,e A HIBHWRY Non FICltTlcl'J {)J/(L t!!C NGGC>cD. ~ ~~ ~ 5Ef..VlCJ:; .f)j?,op WNOf./CfOflS SI1I1lJ... HAVe; Ai ~ zcp rz/<.v DowN iJys o/IO"IlNClif:l'lS THe wwesr Iblnr OF 7H6 Df<r:R f!JJNDuCTcfl.S Z 3' s-r/l.Llr G1.#YS r /0" IlJ./CJ{cfl..S 12' Of CID/MNC6 tii GfLouY1o. 775't. .'lAAA ?4 fki. 'n?'-# -It2A11R N&;II2.1I1- CusrfflJEfl. MeTU. ~ 7O/3€ fl.lJceP ON I ~N {)ECI1l XFmlt f!A1Jr... PtZ~ J No/" IN"/2a4D /l.o.w. 7UV I~~~v 4w ~ ! Z IO/l.vA '/.Fffl~ Vrnv. I Jt Ip 4c.- IlL IW Jj~ ("&'1;.) I E1' (j7cl1.4oy)~VAO ht~ / / / II 4?\"z P33 4~Y4 P/~ ~ ()PeN IELTfll3llNJ'- "-'/0 ,f.v j)~ & '-lAM - Ztp - 77$':f 4'5'/4- & P03 5012. P33 '? I 51'kMf Gu'f &. .c ,. 4~Y~ Pitt. P1;15 GV1- WW\(J{)f\( WEE.M~ (sAJR. 4C)B) / / 53/' b B/XAoWA'( ;) WEST /ZQIlP /l..o.W. .. f oF ~rtl PATH ~:r ~ t.Jj ,J9' l.{' ~ <;J" / 1"1 ;;,,7 6')(I()' 1liNN~L. LlNPeIl- WUA~1"G1II wee-*, I I ~ :::'::b, Dlo \4~ J:::=~ ~-<. <. ~ ~ IZS1j; 5o'/Z & fb3JP43 ~'STkuT Gu'( fit 1.- 11" Ztff ~n ~ ~~ c t1' ~ ~ ~, ~~ ~oo ::!~ z- QZ ~ :~ BIN ~~ HAtted( [;Jl.. ~ Q - .-----. n o I: '11 ~ Z 0( @ I :#"'=>A0 "ZdT' III ~ ~ :- --. ; z ~ .. . ~ I'" .~ N; ~ U\!II N~ ~~ ~~e III iI z ~ ?I ~ z ~ ~ z ~ H. L.. P ~396 \12-711 . rlTER POLE SERVICE I e ;., !! z ~m: C,,:=T:rCE IIEATllEIHUD( SUYI CE EIIT1A11CE IIIWI" .TIlleE IIIES- "'ST EIlTEIID II" FROM IIElTllEIHUD. REUTllL COIIDUCTDR "'ST IE PU- NlIIEIITU I DOTI FI ED, SEE IOTE 2. COIDUI T- RI81D OR E. M. T. (SI ZED FOR liRE). I TH'S INSHlLlTlON RECO*ElDED FDR RESIDEllTlll SERVICES OF lOT MORE THAI 200 lIIPS C"ACITY liD COMMERClll SERVICES OF lOT lORE THAI ISO lNl'S ClPlCI TV. COPPER OR llUllIIUN SEIVICE EIIT1AICE IllES MlY BE USED. COPPER IEUTlll NAY IE I&lE; &LUll- '"UM NEUTRAL MUST BE IISUllTED.lOAD COIIDUCroR Alll'ACITY SHOU.O HOT EICEEO llHE COIDUCTOR lIlPlCITY BY lORE THlI 10%. 3. IECESSARY POLE HEI GIlTS liD ClEUAlCES TO IE Sl'ECIFIEO BY SElYICE CElTEI EI811EEllS RE- QUIRED BY RATlOIll ElECTlIC CODE, SECT. 2:1O-2tl. ~IIIMUIlPOlE REQUIREMENTS: 16' POlE- SET ~, DEEP. ij. b~TH 511 TCH BOI liD ~ETER SOCIET MUST IE FREE OF HOLES. HlVE WlTERTlGIIT FITTIIGS. liD IE SE- CUREl' ATHCH" TO THE POLE. SWI TCH 101 SHlI.l COITAIH 10 lORE THlI 6 NAil IRUIERS II THE 01 STR' BUTI 01 PRREl. s. GROIIID liRE ~lY IE llUN11UN OR CO"ER( SI ZED FOR lOlO). HOIlEVER, lI.UNllUN liRE MlY lOT IE II 01 RECT COWHCT WITI MASOUY or. IITH!I II" OF TltE EARTH. &LUNIIUN WilE MUST IE llSUlATEO liD SHOULD lOT IE COllECTED 01 RECTU TO COPPEl CLlD GRDUIO ROO. All COlDUCTOR "llLER THlI .~ MUST IE SIt I ElOED. 6. l. I F CUSTOMER PLlIS TO USE IOIILE ItONE POWER CORD. CUSTOMER SItOUlO INSTALL lREUEI 101 "' TH RECEPTACLE FOR POIER CORD. I. I F CUSTOMER PLlIS TO USE UIDERGRDUID SERYI CE LEUS TO IOIILE HOME, CUSTOMEI SHOULD INSTAll IRUIER 101 liD COIDU I T TO lCCOMMOOlTE UI, DERGIIOUIO SERYI CEo t.4"( .---r-----r-~-., ,. I I ....- IF DIRECT IURI&L(TTPE UF) CAllE IS USED FOR UIDElGROUIO RUI.--.::.=7-- COIDUIT _lO IE TERIlIRATEO HElE WITH PlASTI C OR FIIIE BUSHII. liD Mill..... COYEI IICREASED TO Z"" SIDE VIEW POl.!- ROIIIO PEIITl OR CREOSOTE, PRESSURE TREATED WITIt l Mill..... TOP OllllETER OF I". HE 1 GIlT OF POI.I SHALL IE AS REQUIRED FOR DROP CLEUAlCE. SEE IOTE 10 COlDUIT OR "PE STIlP.. FOR SUPPORT, Sl'lCEO lOT lORE TIAII 5' "UT. METER RECEPTAClE- FURI'SHEO B'H.L.IP.CO. -- I ~ LOCUUTS liD IUSHIIG 1111 WUTHER TIGHT FUSED SWITCH GE&I(IIEUEI 101 OR FUSE 101). SEE IOTE ij D SU IOTE 6. GROUIO WI RE " OR URUEI MlY IE ATTACHED DIRECTlY TO THE POLE, liRE SMALLER THAI .~ MUST IE '" COIIDUIT. SEE IOTE 5. GROUID CLAIII' TO BE "PROVED TYPE'"UTER lOon J. IODEL I, OR EQUAL). '. ;1 ~i ~I GROIIIOIIG ELECTRODE- 3/1" GlI. TlI I ZED PIPE OR RIGID COWDUIT: OR 1/2" COPPER CLlO IROI ROD; OR 5"" 1lIOII ROO. GROUIDIIO ELECTROOE MUST IE DRIVEl A Mil'''''' OF I' liTO THE URTH. ..VI8.0N O/ERI-EAD SERVICE WITH UNDERGRa.JND LOAD TYPICALS DETAILS METER POLE ASSEMBLY HOUSTON UGHTlNG . POWER CO. ~.TDAS . ..{ ~<L ;Jfl. ........ NONE .....,. I 01' I ....,.. &. e e Service drop conductors shall have at the lowest point of the drop conductors 12 feet of clearance to ground. Customer conduit to have 24" of cover. Point of attachment shall not be more than 25 feet above ground nor more than 18" left or right of service outlet. Not less than 6" nor more than 12" below the service out- let. Meter socket base, metering current transformer box and metering potential transform- er box, although furnished by the company, shall be installed by the customer's contractor. For the twisted type service drop, the service outlet shall be within 18 inches above the point of attachment. The company shall make all connections between the com- pany's equipment, cables, or conductors and the Customer's Service Entrance Conductors. The Customer's Installation shall meet all requirements of the National Electrical Code, The National Electrical Safety Code and local regulations in force. The Company reserves the right to decline to connect H.L.&P. facilities to Customer's Service Extension Support and, or en- trance conductors which, in its judgement, constitutes a hazard to life or property. Customer's conduit installed on poles shall be either rigid metal, intermediate metal or PVC schedule 80. Aluminum or intermediate metal conduit shall not be installed within 12 inches of ground level. ~EOUEST FOR CITY COUNCIL 1ItNDA ITEM Agenda Date Requested: October 26, 1987 Requested By: Department: Administration xx Report Resolution Ordinance Exhibits: Proposed Contract with CRSS Constructors, Inc. for Project Management Services. SUMMARY & RECOMMENDATION A proposed Contract for Project Management Services is attached for Council's consideration. The Agreement provides for a Project Director to assist the City as an extension to the City's staff in management planning, coordination, construction contracts management, and reporting. The Contract also stipulates that the City may have the Project Director assist in the management of the delivery of other Capital Improvement Projects not initially contemplated by this Agreement. The City will be responsible for providing an office, telephone, consumable office supplies, postage and clerical support sufficient to accomplish typing, filing and and other clerical needs. The City may elect to provide a vehicle or reimburse the Project Director for the use of a personal vehicle at the rate of $0.215/mile. The Contract is for services through October 31, 1988. The compensation for these services shall be according to the following schedule and estimate: Lump Sum $ 17,800 Reimbursable Labor for Project Director $64.80/hr. 139,968 Reimbursable Expenses at Cost; Estimated at 7,000 Other reimbursable labor expenses as approved shall be established as follows: Salary X 1.35 (fringes) X 1.65 (G&A) X 1.1 = per hour compensation; estimated at S,OOO $169,768 This amount represent approximately 3.6% of 4.68 million dollars. Action Required by Council: Approve Contract with CRSS Constructors, Inc. to provide Project Management Services for portions of the City's Capital Improvement Program. The Contract shall be funded from the interest earned on the 1985 series General Obligation Bonds. . .. l;' (:@ Ofo.f-\- ~'N\Yc..(t R~~\v~S i""'PorTc.N\ ~~~. J: w', \ \ AvaIlabIlIty of . unds: P~\\ --t-hi? <l~~N~c;... it~ :t:f' ~ c:~" ,..so' a..<tc,..J.\ o.~yct~P'\.~NT \>l\~ c<<~ S\~iN~ \ General Fund . Water/Wastewater X Capital Improvement General Revenue Sharing Other Account Number: Funds Available: X- YES NO Approved for City Council Agenda Q\J'Wi \, ~ Robert T. Herrera City Manager I 0- Z.2.,-~L DATE Ii e e .....--- . I J. \_ DRAFT CRS SIRRINE 20 October 1987 City of La Porte, 604 West Fairmont Parkway, La Porte, TX 77571 Attn: Bob Herrera City Manager RE Draft Project Management Agreement BOB, attached is a draft copy of our proposed Agreement for Proj ect Management Services for the City's review. I believe that we have incorporated all the ideas that you put forth at our meeting last week. After you have a chance to review this draft, please give me a call with any changes you see as being needed to get the basics squared a way. If the basics are pretty close, you can forward a copy to the City Attorney for rei vew of the techni ca 1 aspects. I will be gal d to work with him over the telephone to expedite the review process. I expect the process will require at least one more draft before we get to an Agreement that is satisfactory to all. Particular attention is brought to page one. In our last meeting we agreed that the project description needed to be expanded in terms of the detai 1 of each of the four primary improvement proj ects. I need some help to expand these descriptions. I also need some he 1 p to get the si gnature page adj u sted to meet City requirements. Perhaps the City Attorney can help on this. Alternately you could provide me with a signature page from a design contract or some other agreement. My direct office line is 552-2487. Feel free to call me any time. Sincerely, /\ ?..t.- r 0_ Ken F. Womack Vice President Construction CRSS Constructors, Inc. 1177 West Loop South Post Office Box 22427 Houston, Texas 77227 713 552.2000 · Telex 6868544 ~ ~ A CRS Sirrine. Inc. Company e e ......- - . -'. DRAFT AGREEMENT for PROFESSIONAL PROJECT MANAGEMENT SERVICES AGREEMENT Made this Hundred and Eighty Seven day of October, in the year of Nineteen BETWEEN The City, City of La Porte 604 West Fairmont Parkway P.O. Box 1115 La Porte, Texas 77571 and Project Manager, CRSS Constructors, Inc. 1177 West Loop South P. O. Box 22427 Houston, Texas 77227 For services in connection with the following Project: Portions of the Capi ta 1 Improvements Program - La Porte, Texas, including specifically the following items from the Description of Capital Improvements Projects (Exhibit A): 1. Improvements of Land Little Cedar Bayou Park 2. Storm Water Drainage, Phase I 3. Broadway from "G" Street to Fairmont Parkway 4. Improvements of Land Northwest Park (Lomax) The City and Project Manager agree as set forth below: i. ,. i . " e ARTICLE I DEFINITIONS AND EXTENT OF AGREEMENT The Project Manager accepts the relationship established between him and the Ci ty by thi s Agreement. He covenants wi th the Ci ty to furnish his skill and jUdgment, and to cooperate with the Architect/Engineer in furthering the interests of the City. He agrees to furnish business administration and to use his efforts to endeavor to complete the Project in an expeditious and economical manner. 1.1 Extent of Agreement: This Agreement represents the entire agreement between the Ci ty and the Project Manager and supercedes all prior negotiations, representations or agreements. This Agreement shall not be superceded by any provisions of the documents for construction and may be amended only by written instrument signed by both the City and the Project Manager. 1.2 Definitions 1.2.1 The Project is the total construction to be managed under this Agreement. 1.2.2 The Work is that part of the construction that a particular Trade Contractor is to perform. 1.2.3 The term day shall mean calendar day unless otherwise specifically designated. 1.2.4 Archi teet/Engineer shall mean those parties engaged by the City to provide design, architectural and engineering services. ARTICLE II PROJECT MANAGER'S SERVICES 2.1 The Project Manager will appoint a Project Director, subject to the City's approval, which approval shall not be unreasonably withheld. The Project Director will perform all of the basic services. The Project Director will be assigned to the Project for the contract period. 2.1.1 Should the City become substantially dissatisfied with the performance of the Project Di rector, Ci ty sha 11 gi ve noti ce of such dissatisfaction to Project Manager, citing the reasons therefore. Notice shall describe areas of dissatisfaction. The Project Manager wi 11 promptly correct the performance of the Project Di rector or replace the Project Director as set forth in 2.1.2. i. i ~ #- -- DRAFT e e ......--- DRAFT 2.1.2 Should the Project Director be removed from the Project pursuant to 2.1.1 or for any other reason, such as termination of employment, then the Project Manager sha 11 appoi nt a rep 1 acement Project Director, subject to City's approval, which approval shall not be unreasonably withheld. The replacement Project Director will meet the minimum requirement of having an Engineering or Architecture degree and at least eight years of experience in program management, including projects similar to the City's. The City reserves the right to waive such minimum requirements, as deemed to be in City's best interests. 2.2 The basic services to be provided by the Project Director include assisting the City as an extension to the City's staff in management planning, coordination, construction contracts management, and reporti ng through 31 October 1987. Speci fi c areas of assistance are itemized as follows: 2.2.1 Review status of each applicable Capital Improvement Project and assist The City of La Porte <City) in the development of a coordinated delivery plan, including a scheduling of key activities required to meet a specific completion date and an accompanying budget. 2.2.2 For those portions of the projects which have not been fully des.igned, assist The City in expediting design completion by the Architect/Engineer. 2.2.3 Assist The City in soliciting bids for portions of the Work and in the evaluation of bids. 2.2.4 Review out-of-budget bids and recommend alternatives to lower costs, such as re-packaging and re-bidding the Work, substitution of materials, reductions or other changes to scope, etc. 2.2.5 Assist The City in contract negotiations and contract administration for design services, consultants, testing labs, soils investigation, and other related services and Work. 2.2.6 Maintain files of project documents in an orderly, retrievable manner. 2.2.7 Prepare monthly report for City indicating progress to date, anticipated completion, cost status, and other cogent information. 2.2.8 Present summary reports at City Council meetings from time to time, as requested. 2.2.9 Assist The City in the administration of construction trade contracts, including, but not limited to: i. i - e e r---_ DRAFT Review and recommend action on Trade Contractor Schedule of Values. Review and recommend action on Trade Contractor Payment Applications. Review and recommend action on Trade Contractors construction schedule. Monitor submittals process for shop drawings and data. Review and recommend action on contractor Change Orders. Assist in negotiation of Change Orders as required. Assist in defending City's position in the event of a disputed trade contractor claim (this does not include legal defense efforts or costs). Monitor progress of Trade Contractor's work through frequent touring of job sites. Attend City/Trade Contractor progress meetings. Upon Trade Contractor completion, assist City in contract close-out, such as in soliciting final lien releases, affidavits of payments of debts and claims, as-built drawings, warranties, maintenance/operating manuals. 2.3 From time to time The City may have the Project Director assist in the management of the delivery of other portions of the Capital Improvement Program not otherwise contemplated in the Project. The City expressly agrees that such assistance may dilute the Project Director's efforts in fulfilling the basic services itemized in Paragraph 2.2, and the City assumes full responsibility therefor. 2.4 Project Manager wi 11 provide Executive Management as required to administer this Agreement. Executive Management is anticipated to require approximately 100 manhours of Executives (Vice Presidents) time. Executives will monitor and provide guidance to Project Director, arrange for and coordinate the efforts of Project Manager's support staff, assure quality of services provided, remain available to City to assist in Project problems which may arise. 2.5 During the ten days following the delivery of the personal computer to the Project Di rector's offi ce, the Project Manager wi 11 provide personnel to Initialize the Computer Systems. Initializing the system includes interconnecting computer components and loading i ~ e e software onto computer system, all as deemed necessary by the Project Manager. Software includes operating system, standard programs purchased for Project and several of Project Manager's proprietary systems. The latter are to be removed from the computer upon cessation of services under this Agreement. Initialization of system also includes establishing and inputting preliminary schedule and cost data, all as deemed necessary by the Project Manager to effectively manage the Project. The initialization of the system is anticipated to require 160 manhours of Project Manager's support personnel, including programmers, estimators and schedulers. 2.6 The Project Manager will not provide any design service or provide any direct construction Work. The Project Manager may make suggestions from time to time as to design, construction means and methods, construction safety and other project issues. Such suggestions shall not in any way be construed as providing design services or for directing the doing of any Work, whether such suggestions are implemented by The City or others in the direct or indirect employ of The City. 2.7 Observation of Work and Safety: Observe the Work of Trade Contractors for defects and deficiencies in the Work without assuming any responsibility or liability for such defects or deficiencies or any responsibility or liability for design or inspection. Initially, generally and non-exhaustively review the wri tten safety programs of each of the Trade Contractors and make recommendations. In making such recommendation, he shall not be required to make inspections or exhaustive, subsequent or continuous reviews to check quality of work or safety precautions and programs in connection with the Project. By performing the foregoing, the Project Manager shall not assume any responsibility or liability for performance of the work, or for the safety of persons and property, or for compliance with federal, state and local statutes, rules, regulations and orders applicable to the conduct of the Work. 2.8 The Project Manager shall not be liable nor responsible for the detail ed means, methods, or sequence and safety measures employed by others to accomplish their Work, nor shall the Project Manager be liable or responsible for the acts or omissions of those employed by the City or the Architect/Engineer in any capacity for performing such Work. ARTICLE III ADDITIONAL SERVICES 3.1 The City, 'v/ithout invalidating this Agreement, may require, with Project Manager's approval, additional services within the general scope of this Agreement consisting of services described in Paragraph 3.3 below, the Project Manager's Compensation and the Term of Agreement will be adjusted accordingly. 3.2 A Change Order is a wri tten order to the Project Manager signed by the City and the Project Manager and issued after the execution of this Agreement, authorizing a change in the scope of the Project, services to be provided, the Project Manager's CO,mp,ensa t i on or the Term of Agreement. Ii ,; ~ - DRAFT e e 3.3 The following services are deemed to be additional services: 3.3.1 Any services provided after 31 October 1988, including those of the Project Director. 3.3.2 Construction cost estimating, except as provided by Project Director. 3.3.3 Computer programming required to meet specific City requirements or to customize Project Manager's standard software to meet City requirements, except such programming that might be provided by Project Director. 3.3.4 Preparation of computerized CPM schedules, except as prepared by Project Director. 3.3.5 Management of contractor claims or assistance to The City in the defense of contractor claims, except as provided by the Project Director. 3.3.6 Manager's Services. Other project management services provided by Project personnel, other than those contemplated in the Basic ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The City shall provide full information regarding his requirements for the Project. 4.2 The City identifies Bob Herrera, the City Manager, as the Administrator of this Agreement. He shall be the primary point of contact for the Project Director and shall oversee and give direction to the Project Director as needed. The Administrator shall be authorized to represent the City in all matters arising out of this,Agreement. The City may change the designated Administrator by giving written notice to the Project Manager. 4.3 The City shall be responsible for and shall retain an Architect/Engineer for design and to prepare construction documents for the Project. The Architect/Engineer's services, duties and responsibilities are described in the Agreement between the City and the Architect/Engineer, a copy of which will be furnished to the Project Manager. The Agreement between the Ci ty and the Architect/Engineer shall not be modified without written notification to the Project Manager. The Project Manager shall neither be responsible not liable for any damages arising from the services, duties, and responsibilities of the Architect/Engineer. The City shall be responsible for the Architect/Engineer's exercising proper professional care and skill in rendering the services and duties required. i ~ r - DRAFT ". e e ~ - DRAFT 4.4 The City shall provide, free of charge, an office for the Project Director and for additional personnel provided at La Porte, pursuant to Arti c 1 es II and II 1. The offi ce shall contain all the normal appurtenances customarily provided by the City to its professional employees. 4.5 The City shall furnish, free of charge, consumable office supplies, as the Project Manager may reasonably require. 4.6 The City shall furnish and pay for telephone service to the Project Director solely for the use of conducting City business. 4.7 The City will provide access, free of charge, to reproduction equipment. 4.8 The City will provide postage and shipping, free of charge, as required for the Project Manager to best fulfill its needs in executing City business. 4.9 The City will provide a vehicle, free of charge, for the Project Director's use in conducting City business, such as site visits. The City shall maintain the same limits and types of insurance upon such vehicle as it does upon other simi 1ar vehicles used by City employees. The City shall bear all costs of owning, operating, maintaining and insuring vehicle. The Project Director's use of such vehicle will be governed by the same rules or requirements applicable to City employees who use similar vehicles. No personnel of the Project Manager, except the Project Director are authorized to operate a City vehicle. 4.10 The City will provide sufficient clerical support to the Project Director to efficiently accomplish his typing, filing and other clerical needs. 4.11 Periodically the Project Manager conducts internal qual ity control audits of its various projects, to help assure that the Project Manager's personnel are fulfilling the Project Manager's obligations and to improve the performance of services. It is anticipated that on one or more occasions that the services provided pursuant to thi s Agreement wi 11 be subject to such an audi t. The City Manager, or his appointee will participate in portions of the audit, for the purpose of assessing the City's degree of satisfaction with services provided and to identify areas where service can be improved to better meet City needs. 4.12 The City shall be responsible for and shall retain an Architect/Engineer for design and to prepare construction documents for the Project. The Architect/Engineer's services, duties and responsibilities are described in the Agreement between the City and i. ~ . e e the Architect/Engineer, a copy of which will be furnished to the Project Manager. The Agreement between the City and the Architect/Engineer shall not be modified without written notification to the Project Manager. The Project Manager shall neither be responsible nor liable for any damages arising from the services, duties and responsibilities of the Architect/Engineer. The City shall be responsible for the Architect/Engineer's exercising proper professional care and skill in rendering the services and duties required. 4.13 . The City shall furnish for the site of the Project all necessary surveys describing the physical characteristics, soil reports and subsurface investigations, legal limitations, utility locations, and a legal description. 4.14 The City shall secure and pay for necessary building permi ts, speci a 1 permi ts, and envi ronmenta 1 permi ts, and approva 1 s, easements, assessments and charges required for the construction, use and occupancy of permanent changes in existing facilities. 4.15 The City shall furnish such legal services as may be necessary for providing the items set forth in Paragraph 4.14, and such auditing services as he may require. 4. 16 If the Ci ty becomes aware of any fau 1 t or defect in the Project or non-conformance with the Drawings and Specifications, he shall give prompt written notice to the Project Manager. ARTICLE V TRADE CONTRACTS 5.1 All portions of the Project shall be performed under Trade Contracts including contracts for general construction work with several construction trades. The Project Manager shall assist the City in requesti ng and recei vi ng proposals from Trade Contractors and Trade Contracts will be awarded by the City after the proposals are reviewed by the Project Manager and City. 5.2 Trade Contracts wi 11 be between the Ci ty and the Trade Contractors. The contents and form of the Trade Contracts including the General and Supplementary Conditions shall be satisfactory to the Project Manager. For example, if requested by the Project Manager, the Trade Contracts shall also contain broad form indemnity clauses and insurance clauses in favor of the City, the Project Manager in a form satisfactory to the Project Manager. 5.3 The phrase Trade Contractor shall be deemed to also include suppliers throughout this agreement unless expressly stated otherwise. i. J - ~. DRAFT e e .---- j)RAFT ARTICLE VI PROJECT MANAGER'S COMPENSATION 6.1 In consideration of the performance of the Agreement, the City agrees to pay the Project Manager in current funds a~ compensation for his services a Project Manager's Compensation. The Project Manager's Compensation includes the Lump Sum, Reimbursable Labor and Reimbursable Expenses, all as set out in Subparagraphs 6.1.1 through 6.1.4, inclusive. 6.1.1 The Lump Sum is for Executive Management and to Initialize the Computer Systems pursuant to paragraphs 2.4 and 2.5. The Lump Sum is the stipulated sum of $17,800.00. 6.1.2 Rei mbursab 1 e Labor i nc 1 udes the manhours expended by the Project Director in the performance of Basic Services times the hourly rate of $64.80. No increase in the hourly rate will be made on account of overtime expended by the Project Director to accomplish Basic Services. 6.1.3 Reimbursable Labor includes the manhours of Project Manager's personnel expended in providing Additional Services times the hourly rates listed as follows: Reimbursable Labor Schedule Pos it i on Hourly Rate Effective through 31 October 1988 Project Director Estimator Scheduler Accountant Programmer Field Manager Safety Clerical Executive $ 64.80 47. 11 58.81 38.87 58.81 41.23 53.00 23.55 100.00 Hourly rates not listed above, due to omission of a position or because service is provided subsequent to 31 October 1988 will be established as follows. Hourly rate will be equal to Direct Hourly Payroll Expense (D.P.E.) times 1.65 plus 10%. D.P.E. is defined to be equal to emp1oyee's annual base salary divided by 2080 hours, plus 357. for payroll taxes, insurance and other customary or mandatory benefits and cost. ... ~ . e e ....-: - DRAfT 6.1.4 Reimbursable Expenses are those expenses reasonably incurred by the Project Manager in the performance of direct or additional services including, but not limited to, the following items at actual cost to Project Manager, and all of which are subject to City's authorization in advance of expenditure or billing to City: * Travel, lodging and meal expense; Mileage in personal autos @ $0.215 per mile; Reproduction by outside vendor; Long distance charges; Home office computer and plotter @ $5.00/Hour; Postage and shipping; Personal computer, printer, appurtenance and software; and, Other City-approved direct expenses. * The personal computer, appurtenances and software are requ i red to accomplish Basic Services. All (except Project Manager's proprietary software) become the property of City upon payment thereof by City. The total expense of these items is estimated at $6,500.00. The Project Manager will consult with City prior to recommending procurement of specific items and requesting approval for expenditure. The City's approval of this expenditure will not be unreasonably withheld. 6.2 The basics for compensation of Additional Services may be structured differently than as provided in 6.1, if the City deems such different basis to be in the City's best interest, and subject to Project Manager's agreement in writing. ARTICLE VII PAYMENTS TO PROJECT MANAGER 7.1 The Project Manager sha 11 submit month ly to the City a statement, sworn to, if required, showing Lump Sum, due or owed Reimbursable Labor by position and name, and Reimbursable Expenses itemized. If required, Project manager will provide copies of individual timesheets and accounting documents to support labor and expense portions of a statement. Payment by the Ci ty to the Project Manager 'of the statement amount shall be made within 15 days after it is submitted. .' . 7.2 Project Manager's final statement will be noted as "Final Statement." The Project Manager's submission of Final Statement and the City's making of final payment to Project Manager shall constitute a waiver of all claims, presently known or unknown, against the Project Manager. 7.3 If the City should fail to pay the Project Manager at the time that the payment of any amount becomes due or owed, then the Project Manager may, upon five (5) days written notice to the City, stop providing services until payment of the amount owing has been received. 7.4 All amounts due or owed the Project Manager but unpaid shall bear interest at the rate of one and one half percent (1-1/2%) per month (or the applicable maximum lawful limit, if less), plus attorney's fees and legal costs to collect same. ,', . " . e e '11""'"":- DRAfT ARTICLE VIII INSURANCE, INDEMNITY AND WAIVER OF SUBROGATING 8.1 Indemnity 8.1.1 The City shall cause all Trade Contractors to agree to indemnify the City, Project Manager and the, and hold them harmless from all claims for bodily injury and property damage that may arise from that contractor's operations. Such provisions shall be in a form satisfactory to the 'Project Manager, and apply regardless of fault or negligence of Project Manager. 8.1.2 The City shall indemnify and hold the Project Manager harmless from all claims, costs, damages, liabilities and attorney fees that may arise from and as a result of the City's operations and responsibilities under this Agreement, regardless of the fault or negligence of the Project Manager. 8.2 Insurance 8.2.1 The Project Manager shall purchase and maintain such insurance as will protect him from the claims set forth below which may arise out f or result from the Project Manager's operations under this Agreement. 8.2.1.1 Claims under workers' compensation, disability benefit and other similar employee acts which are applicable to the work to be performed. 8.2.1.2 Claims for damages because of bodily lnJury, occupational sickness or disease, or death of his employees under any applicable employer's liability law. 8.2.1.3 Claims for damages because of bodily injury, or death of any person other than his employees. 8.2.1.4 Claims for damages insured by usual personal lnJury liability coverage whi ch are sustained by any person as' a resul t of an offense directly or indirectly related to the employment of such person by the Project Manager. 8.2.1.5 Cl aims for phys i ca 1 property damage, other than to the work itself or to other property to be insured under Article 10.4. 8.2.1.6 Claims for damages because of bodi ly injury or death of any person or property damage (other than to the Work i tse 1 f or any other property to be insured under Article 8.4) arising out of the ownership, maintenance or use of any motor vehicle. 8.2.2 The Project Manager's Comprehensive General Liability Insurance shall include premises - operations (including explosion, collapse and underground coverage), elevators, independent contractors, completed operations, and blanket contractual liability on all written contracts, all including broad form property damage coverage. i. J . e e r: - DRAfT 8.2.3 The Project Manager's Comprehensive General and Automobile li abi 1 i ty Insurance, as requ i red by Subparagraphs 8.2. 1 and 8.2.2 sha 11 be written for not less than limits of liability as follows: a. Comprehensive General Liability 1. Personal Injury $1,000,000 Each Occurrence $1,000,000 Aggregate 2. Property Damage $1,000,000 Each Occurrence $1,000,000 Aggregate b. Comprehensive Automobile L i ab i 1 i ty 1. Bodily Injury 2. Property Damage $1 ,000,000 Each Person $1,000,000 Each Occurrence $1,000,000 Each Occurrence 8.2.4 Comprehens i ve General L i abi 1 i ty Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy. 8.2.5 The foregoing policies shall contain a provision that coverages afforded under the policies will not be cancelled or not reviewed until at least thirty (30) days' prior written notice has been given to the Owner. Certi fi cates of Insurance showi ng such coverages to be in Force shall be filed with the city prior to commencement of the Work. 8.3 City's Liability Insurance 8.3.1 ; The City shall be responsible for purchasing and maintaining his own liability insurance and shall purchase and maintain such insurance as will protect him against claims which may arise from operations under this Agreement. 8.4 Insurance to Protect Project 8.4.1 The City shall purchase and maintain builder's risk insurance in a form acceptable to the Project Manager upon the entire Project for the full cost of replacements as of the time of any loss. This insurance shall include as named insured, with waivers of Subrogation against, the Ci ty, the Project Manager, the Archi tect/Engi neer, Trade Contractors and their Trade Subcontractors and shall insure against loss from the perils of Fire, Extended Coverage, and shall include "All Risk" insurance for physical loss or damage including, without duplication of coverage, at least theft, vandalism, malicious mischief, transit, storage. collapse, flood, earthquake, testing, and damage resulting from defective design, workmanship or material. The City will increase limits of coverage to i. " ~ . e ~- DRAfT reflect estimated replacement cost. The City will be responsible for any co-insurance penalties of deductib1es. If the Project covers an addition to or is adjacent to an existing building, the Project Manager, Architect/Engineer, Trade Contractors and their Trade subcontractors shall be amended as Additional Named Insured with insurer's waiver of subrogation against them under the City's Property Insurance covering such building and its contents, with an endorsement if necessary to effect coverage during construction. 8.4.1.1 If the City finds it necessary to occupy or use a portion or portions of the Project prior to Substantial Completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the City and Project Manager and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy. 8.4.2 The City shall purchase and maintain such boiler and machinery insurance as may be requi red or necessary. Thi s insurance shall waive subrogation against the Project Manager, Architect/Engineer, Trade Contractors, and Trade Subcontractors and shall name the Project Manager, Archi tect/Engi neer, Trade Contractors and Trade Subcontractors as Additional Named Insured along with the City. 8.4.3 The Ci ty sha 11 purchase and ma i nta in such insurance as wi 11 protect the City, Project Manager and Architect/Engineer as Additional Named Insureds and with waivers of subrogation against them, against loss of use of City's property due to those perils insured pursuant to Subparagraph 8.4.1. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the City and Project Manager, necessary labor expense including overtime, loss of income by the Ci ty and other determi ned exposures. Exposures of the Ci ty and the Project Manager sha 11 be determi ned by mutua 1 agreement and separate limits of coverage fixed for each item. 8.4.4 The City shall file a copy of all policies with the Project Manager before an exposure to loss may occur. Copies of any subsequent endorsements will be furnished to the Project Manager. The Project Manager will be given sixty (60) days prior written notice by City and City's insurer of cancellation, non-renewal or any endorsements restricting or reducing coverage and such requirements shall be stated in certificates from such insurers and provided to the Project Manager. The City's obligation to provide such notice to Project Manager shall also be evidenced in certificates of insurance provided by City's insurers to the Project Manager, which certificates shall also evidence City's insurer's obligations to provide such prior written notice as specified above to the Project Manager. If the Ci ty does not intend to purchase such insurance, he shall inform the Project Manager in writing prior to the commencement of the Work. The Project Manager may then effect insurance which will protect his interests and/or those of others and related to the Project, the cost of which shall be reimbursable pursuant to Article 6. The foregoi ng notwi ths tand i ng. if the Project Manager is damaged by failure of the City to purchase or maintain any such insurance, the City shall bear all reasonable costs properly attributable thereto. i. ~ . e e ~ - nR AFT :J & .EI-"\ 8.5 Property Insurance Loss Adjustment 8.5.1 Any insured loss shall be adjusted with the City and the Project Manager and made payable to the City and Project Manager as trustees for the insureds, as their interests may appear. 8.5.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parti es in interest, or in the absence of such agreement, in accordance with judicial or arbitration award. If the trustees are unable to agree on the settlement of the loss, such dispute shall also be submitted to litigation or arbitration. 8.6 Waiver of Subrogation 8.6.1 The City and its insurers waive all rights against Project Manager for damages caused by perils covered by insurance to be provided under Article 8.4, except such rights as they may have to the proceeds of such insurance he 1 d by the Ci ty and Project Manager as trus tee s. The City shall require similar waivers from all Trade Contractors and their Trade Subcontractors. 8.6.2 Manager Project similar The City and its insurers waive all rights against Project for loss or damage to any equipment used in connection with the and covered by any property insurance. The Ci ty sha 11 requi re waivers from all Trade Contractors and their Trade Subcontractors. 8.6.3 The City and its insurers waives subrogation against the Project Manager on all property and consequential loss policies carried by the City on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 8.6.4 If the policies on insurance referred to in this Article require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. Ci ty and its insurers shall also ev i dence such wa i vers of subrogation required above as well as all other obligations and requirements of Article 8 by and in the certificates of insurance provided by City's insurers to the Project Manager and all renewals thereof. .. . 8.7 Failure of a party to obtain insurance, endorsements, provide certificates or provide proper insurance, endorsements, or certificates or failure of the other party to object to improper, or lack of, insurance, endorsements or certificates shall not serve to waive diminish or reduce the first party's contractual obligations 0; requirements with respect to providing and satisfying all of the insurance, named insureds. wa i ver of subroga t i on and other requ i rements and obligations required by this Article 8. i, .; -i e e ~- :'-".\~AFT .:. \]~~ ..1 :;~Ii ARTICLE IX TERMINATION OF THE AGREEMENT 9.1 Termination by the Project Manager 9.1.1 If the Project, in whole or substantial part, is stopped for a period of thi rty (30) days under an order of any court or other pubi c authori ty havi ng juri sdi ction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Project manager, or if the City fails to make any payment or perform any obligation hereunder, then the Project Manager may, upon seven (7) days' written notice to the City and the Architect/Engineer, terminate this Agreement and recover from the City payment for all work executed, the entire unpaid balance of Project Manager's Compensation, and for any loss sustained upon any materials, equipment, tools, construction equipment and machinery, services and other items, cancellation charges on obligations, plus reasonable profit and overhead, plus damages and costs incurred, including attorney's fees, legal expenses, plus any amount owed Project Manager hereunder or at low or equity. 9.2 Termination by City Without Cause 9.2.1 If the City terminates this Agreement, they shall reimburse the Project Manager for any unpaid Reimbursable Expenses and Reimbursable Labor of the Project due him under Article 6, plus the entire unpaid balance of the Lump Sum. The City shall also pay to the Project Manager fair compensation, either by purchase or rental, for any equipment used or retained. In case of such termination of the Agreement the City shall further assume and become liable for all obligations, commitments and unsettled claims that the Project Manager has undertaken or incurred in good faith in connection with said Project, including Project Manager's attorney's fees and legal expenses. The City shall also be liable for all of the Project Manager's other costs incurred in connection with the Project, plus Project Manager's attorney and accounting fees, including those incurred in obtaining the payments it is entitled to receive. ARTICLE X ASSIGNMENT, GOVERNING LAW AND LIMITATION ; . 10.1 Neither the City nor the Project Manager shall assign his interest in this Agreement without the written consent of the other except as to the assignment of proceeds. Any assignment made in violation of this provision shall be void. 10.2 This Agreement shall be governed by the law of the place where the Project is located. i . e e r - 'f DRAFT 10.3 Any other provision notwithstanding, in no event shall the Project Manager be liable for consequential, incidental, indirect or special damages in any way related to this Project or this Agreement by way of action in contract, warranty, tort (including negligence), contribution, indemnity, strict liability or otherwise. Conseque'ntial damages shall be defined to include, without limitation, loss of use, profit, interest, and revenues, business interruption, cost of capital and rent, cost of replacement output, third party claims, etc. 10.4 It is agreed by the City and the Project Manager that this contract is intended for the benefit of the City and the Project Manager only, and not for the benefit of the Architect/Engineer, Trade Contractors, Trade Subcontractors, including suppliers, any of their employees or agents, or any other person. 10.5 Any other provision notwithstanding, in no event shall the Project Manager be liable for anyone or more injuries, claims, losses, expenses, or other damages whatsoever in any way related to this Project or this Agreement (whether by way of action in contract, warranty, tort, including negligence, indemnity, contribution, strict liability or otherwise) for any amounts which in the aggregate exceed the compensation that Project Manager has received hereunder. 10.6 The term Project. Manager in Articles 10.3 and 10.5 shall also include Project Manager's affiliates, officers, stockholders, directors employees, agents and subcontractors. '1 't 10.7 The Project Manager does not warrant that the Project can be \ completed within any particular budget or by a certain date-( bt')'r t-o.\.J..L ~o'~.) 10.8 The provisions of this contract are severable and if for any reason any provision of provisions in this Agreement are determined to be invalid, illegal or unenforceable, such determination shall not affect any other provision of this Agreement. ARTICLE XI TERM OF AGREEMENT 11.1 The services to be provided by the Project Manager shall commence on 12 October 1987 and terminate on 31 October 1988, unless modified pursuant to Article 3 Additional Services or Article 9 Termination of Agreement. , , i. i _ e e r:::: - " "">R' '; AfT ~~)f. . ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 The original of all correspondence pertaining directly to this Agreement shall be directed to: City, City of La Porte 604 West Fairmont Parkway P .0, Box 1115 La Porte, Texas 77571 Attn: Bob Herrera, City Manager Project Manager, CRSS Constructors, Inc. 1177 West Loop South P.O. Box 22427 Houston, Texas 77227 Attn: Ken Womack ~ . i . e e ~- .'~~,p A. FT <-.JI ~ ~ Ii The Agreement executed the day and year first written above. CRSS CONSTRUCTORS By: Donald E. Landry, P.E. Group Vice President CITY OF LA PORTE By: Robert Herrera City Manager , i - e . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Ross Cox Requested By: Joel H. Albrecht Department: Community Deve. xxx Report Resolution Ordinance Exhibits: Attachments SUMMARY & RECOMMENDATION Design contract for the reconstruction of Broadway Street CLP #86-40-101 In the 1985 Bond election the voters approved the sale of bonds for the reconstruction and widening of Broadway. A total of $749,000 in bond money was allocated for this project. On October 6, 1987, City Staff received a proposal from Klotz/Associates Consulting Engineers to complete the design for compensation: BASIC SERVICE: % Of Construction Preliminary design Final design Bid & Awarding for City utilities Const. Phase for City utilities Additional Services TOTAL BASIC SERVICE $15,000.00 $50,000.00 $ 1,000.00 $ 1,500.00 $17,000.00 $84,500.00 2.0% 6.7% 0.1% 0.2% 2.~% 11.28% Staff has reviewed Klotz/Associates proposal and recommends that Council approve this proposal and allow staff to negotiate a contract with Klotz not to exceed $84,500.00. Action Required by Council: Approval of contract Availability of Funds: General Fund XXX Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 011-700-701-S06 Funds Available: X- YES NO Approved for City Council Agenda U<l~ T ~ Robert T. Herrera City Manager \O~ ~~ DATE e CITY OF LA PORTE e INTER-OFFICE MEMORANDUM OCTOBER 22, 1987 TO: Robert T. Herrera, City Manager SUBJECT: John Joerns, Asst. City Manager Joel H. Albrecht, Director of Community Developmen~~ Broadway Street THRU: FROM: In 1985, the City of La Porte did approve through a bond election, the widening of Broadway Street. Upgrading the structure to a four (4) lane facility with left turn lanes. This improvement is to start at Avenue "G" and cont inue south through Fa i rmont Parkway. The bond s totaled Seven hundred forty-n ine thousand dollars ($7 L19, 000) for the total project which included 1800 feet of pavement, 3600 feet of curb and gutter and the intersections of Avenue "G" and Fairmont Parkway. Staff has met on several occasions with Riley Walker and Wayne Klotz with the firm of Klotz and Associates to discuss this project and to see how we, through their assistance, could get the project rated higher on the Texas Department Highways and Public Transportation's priority list to get it constructed in time to meet our bond obligations. Staff requested that Klotz and Associates represent the City to discreetly discuss our project with the Highway Department officials in Austin at the September meeting of the Highway Commission. Resulting from these discussions, our project has received some special attention and has been raised in priority to a position that it could be considered now instead of in 1991 as programed, if we met certain criteria. The Highway Department was requesting the total $749,000.00 to be used for construction only and that an additional $50,00.00 be committed to the project by the City. The Highway Department also would not let the cost of design fees or the utility relocation fees be removed from the bond funds because the total bond funds and the $50,000.00 were needed to reach the specific rating that would allow construction to take place this year. Klotz and Associates did work with the Highway Department to get the concept design changed that reduced the overall cost estimate for the project from $1,360,000.00 to $1,175,000.00 and thereby eliminated the additional $50,000.00 requirement of the Highway Department. Staff spoke to Mr. Grayson of the Highway Department last Friday and got them to allow the engineering fees from Klotz and Associates to be deducted from the $749,000.00 leaving to our responsibility the relocation of utilities. The funds for the utility relocation will need to come from interest income or some other source and will amount to an estimated $40,000.00. e e Robert T. Herrera Broadway street October 22, 1987 Page 2 Based on our conversation with Mr. Grayson, a minute order has been Hritten by the District 12 office of the Highway Department and has been submitted to the Tex as H ighHay Commi ss i on for app rov al of ou r project. On October 6, 1987, we received a proposed contract from Klotz and Associates to prepare the preliminary and final plans for the street project and the water line relocation. (See attached draft copy) Klotz and Associates will need to get the plans finished and submitted to the Highway Department by the end of November for approval. This will allow for a bid letting by the Highway Department in April of 1988. Staff has additionally asked the HighHay Department to allow our $749,000.00 to be used for specific items that would be completed on or before October 1, 1988, wherein we Hill be in compliance with the bond requirements. These items would include site work, drainage and other items to make up a total of $749,00.00. Staff does recommend acceptance and approval of the attached contract. JHA/nb e e CITY OF LA PORTE BROADWAY WIDENING PROJECT PROJECT DESCRIPTION: Allocated funds will be used to accommodate four-lane t~roughfare gutters, and drainage improvements. this project is August, 1988. . . . widen Broadway Boulevard to traffic complete with curbs, The target date for completion of r r ( I I I. L l L L REVENUES: ORIGINAL ALLOCATIOnS 1985 General Bonds $74g,000 $74C).000 TOTAL REVENUES APPROPRIATIONS: Engineering Administrative/Professional Services Concrete Testing Construction $ 64,000 8,000 1,500 600,000 . Sub-Total $673,500 CONTINGENCY: $ 7S,SOO TOTAL APPROPRIATIONS $74c).000 (74 1C)87-1C)88 $749,000 $74c).000 $ 64,000 8,000 1,500 600,000 $673,500 $ 71:5,SOO $74g.000 - , " KL01Z/ LaOCL6.TES, INC. Consulting Engineers Ass Dairy Ashford ~uite 705 Houston, Texas 77079 (713) 589-7257 '1 ~"Z ....-~') /:' ;'-;_~I ~'~ \~: r~.') ~.-~:~j r/O:~i' ~. 8'1'~ L October 6, 1987 Mr. Pat O'Mally CIP Project Manager City of La Porte P.O. Box 1115 La Porte, Texas 77571 RE: Proposed Contract for the Reconstruction of Broadway Street Dear Mr. O'Mally: Enclosed for your review is a proposed contract for Professional Services for Reconstruction of Broadway Street from East G Street to Fairmont Parkway. This contract includes those items we discussed in our meeting on September 30. This contract is being submitted prior to a meeting with Mr. Milton Dietert of the State Department of Highways & Public Transportation. Weare scheduled to meet with him on October 7. However, we are sending you this contract so that you can meet your council agenda deadline. Any necessary amendments or substitutions can be made before the actual council meeting. Also, we are prepared to execute the contract upon your review. I propose that we try to discuss the contract after you have reviewed it and we have met with the State Department of Highways & Public Transportation. Please allow me to make a few comments for your consideration. 1. The terms of this document are consistent with the letter contract you sent to me. We would prefer to use the standard form because it will be more consistent with the construction documents on the plans for the City utility adjustments and with the SDHPT scope requirements. KLOlZ/ 6.Cl.t~TES, INC. Consulting Engineers e Mr. Pat O'Mally October 6, 1987 Page 2 2. The contract assumes that two sets of plans and specifications will be prepared: one for your utilities and one for the SDHPT portion. 3. The contract includes Bidding and Basic Construction Phase services for the utilities contract, only. 4. The compensation compares favorably to an analysis of TSPE Curve B with one construction contract. The Curve explanations indicate that Curve A would normally be used for each construction contract. We are satisfied that we can provide the services at the lump sum quoted. 5. Specific language regarding trench safety is included. Please contact me when you are ready to discuss this submittal. We appreciate the opportunity to assist the City on this project. Sincerely, ) . L .) /~ / ~ ;r/-~ D. Wayne Klotz, P.E. Executive Vice President DWK:rkp Enclosures e e \lo.--~"-:8~'-~ .-; u_c This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. DRAfT STANDARD FORM OF AGREElvlENT BETWEEN OWNER AND ENGlNEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS' JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS EJCDC l"o 191~1 (I'i~ Ed.:lOn) <) . I' e e DRAFT TABLE OF COi\7ENTS Page No. IDENTIFICATION OF THE PARTIES ........................................................... J DESCRlrnON OF THE PROJECT ............................................................... 1 SECTION I-BASIC SERVICES OF ENGINEER ................................................................ J 1.1. General .................................................. ................. .., .................... 1.2. Stud y and Report Phase ........................................................................ 1.3. Preliminary Design Phase ...................................................................... 2 1.4. Final Design Phase .............................................................................. 2 1.5. Bidding or Negotiating Phase .................................................................. 3 1.6. Construction Phase ............................................................................. 3 1.7. Operational Phase.................................. ............................................. 5 SECTION 2-ADDITIONAL SERVICES OF ENGINEER ....................................:.................. 5 2.1. Services Requiring Authorization in Advance ................................................ 5 2.2. Required Additional Services ........ ....... ...... ........ ........................... ..... ..... 7 SECTION 3-OWNER'S RESPONSIBILITIES ................ ........ ................................... ....... 7 SECTION 4-PERIODS OF SERVICE ............................................................................ 8 SECTION 5-PAYMENTS TO ENGINEER ...................................................................... 11 5.1. Methods of Payment for Services and Expenses of ENGINEER ............................ II 5.2. Times of Payment ............................................................................... 12 5.3. Other Provisions Concerning Payments ....................................................... 12 5.4. Definitions ........................................ .............. ................................. 12 SECTION 6--CONSTRUCTION COST AND OPINIONS OF COST ........................................... 15 6.1. Construction Cost................................. .............................................. 15 6.2. Opinions of Cost ................................................................................ 15 SECTION 7-GENERAL CONSIDERATIONS ............... ................................................... 15 7.1. Termination ................. ........ ..... .... ......... ............................... ........... IS 7.2. Reuse of Documents ............................................................................ 16 7.3. Insurance ........................................................................................ 16 7.4. Controlling L.aw ................................................................................. 16 7.5. Successors and Assigns... ...... ............. ...... ..... ........................... ............. 16 7.6. Arbitration........................ ........ .... .................................. ........... ...... 17 SECfIO:--: &-SPECIAL PROVISIO~S. EXHIBITS A~D SCHEDULES .............._...............:....... 19 1 ' e e DRAFT This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES , 19 THIS IS AN AGREEMENT made as of between the City of La Porte, Texas Klotz/Associates, Inc. (OWNER) and (ENGINEER). OWNER intends to reconstruct Broadway Street (Loop 410) from East G Street to Fairmont :e.arkway including utility adjustments and storm drainage. (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. SECfION I-BASIC SER VICES OF ENGINEER 1.1. General. 1.1.1. ENGINEER shall provide for OWNER profes- sional engineering services in all phases of the Project to which this Agreement applies as hereinafter pro- vided. These services will include serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil. structural, mechanical and electrical engineering services and cus- tomary architectural services incidental thereto. p""~ 1 "r 1.2. Study and Report Phase. Section 1.2 is not applicable. After written authorization to proceed, ENGINEER shall: 1.2.1. Consult with OWNER to clarify and, define OWNER's requirements for the Project and review available data. 1.2.2. Advise OWNER as to the necessity of OWN- ER's providing or obtaining from others data or ser- vices of the types described in paragraph 3.3. and as.sist OWNER in obtaining such data and services. 18 n:~"~<' q' e r' 1.2.3. Identify and analyze requirements of govern- mental authorities having jurisdiction to approve the design. of the Project and participate in consultations with such authorities. 1.2.4. Provide analyses or OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 1.2.5. Provide a general economic analysis of OWN- ER's requirements applicable to various alternatives. 1.2.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropri- ate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants. for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner pursuant to paragraphs 3.7 through 3.11, inclusive. The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs". 1.2.7. Furnish five copies of the Study and Report doc- uments and review them in person with OWNER. The duties and responsibilities of ENGINEER during the Study and Report Phase are amended and supple- mented as indicated in paragraph 2 of Exhibit A "Fur- ther Descriptions of Basic Engineering Services and Related Matters". 1.3. Preliminary Design Phase. After written authorization to proceed with the Prelim- inary Design Phase, ENGINEER shall: 1.3.1. In consultation with OWNER 3Vld SR tR~ easis gf tRr: :lcCGJ3ttld ~tyey :ans R~flort eecYR'lenls., deter- mine the general scope, extent and character of the Project. 1.3.2. Prepare Preliminary Design documents consist- ing offinal design criteria. preliminary drawings. ~e .sp"cificalioAs aRe '"ritt@R eescrifltioAS ef the Projecr.- ,,_ ""r lR e DRAFT 1.3.3. Advise OWNER if additional data or services of the types described in paragraph 3.4 are necessary and assist OWNER in obtaining such data and services. 1.3.4. Based on the infonnation. contained in the pre- liminary design documents, submit a revised opinion of probable Total Project Costs. 1.3.5. Furnish five copies of the above Preliminary Design documents and present and review them in per- son with OWNER. The duties and responsibilities of ENGINEER during the Preliminary Design Phase are amended and sup- plemented as indicated in paragraph 3 of Exhibit A "Further Description of Basic Engineering Services and Related Matters". 1.4. Final Design Phase. After written authorization to proceed with the Final Design Phase, ENGINEER shall: 1.4.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs prepare for incorporation in the Contract Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called "Draw- ings") and Specifications (whiCH 'viII 138 pr@par@g H; eORf-effiial'lee witH tHe sixteel'l eivisiel'l fef'ffiat of tbE CORstroetiel'l SI'~eiReatiel'ls hlstitute). 1.4.2. Provide technical criteria, written description~ and design data for OWNER's use in filing application~ for permits with or obtaining approvals of such gov ernmental authorities as have jurisdiction to approvf the design of the Project, and assist OWNER in con sultations with appropriate authorities. 1.4.3. Advise OWNER of any adjustments to the lates opinion of probable Total Project Costs caused b changes in general scope, extent or character or desig requirements of the Project or Construction Costs. FUI nish to OWNER a revised opinion of probable Tot~ Project Costs based on the Drawings and Specific<: tions. 1.4.4. Prepare for review and approval by OWNEF its legal counsel and other advisors contract agreemel forms. general conditions and supplementary cond tions. and (where appropriate) bid forms, invitations' bid and instructions to bidders (all of which shall k consistent with the forms and pertinent guide shec -...ropc;. .\ e prepared by the Engineers Joint Contract Documents Committee or the Texas State Dept. of Highways & Public Transportation), and assist in the preparation of other related documents. 1.4.5. Furnish five copies of the above documents and of the Drawings and Specifications and present and J"Cview them in person with OWNER. The duties and responsibilities of ENGINEER during the Final Design Phase are amended and supplemented as indicated in paragraph 4 of Exhibit A "Further Description of Basic Engineering Services and Related Matters" . 1.5. Bidding or Negotiating Phase. After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 1.5.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for each separate prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences and receive and process deposits for Bidding Documents. 1.5.2. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 1.5.3. Consult with and advise OWNER as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime con- tractor(s) (herein called UContractor(s)") for those por- tions of the work as to which such acceptability is required by the Bidding Documents. 1.5.4. Consult with OWNER concerning and deter- mine the acceptability of substitute materials and equip- ment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. . 1.5.5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or pro- posals and in assembling and awarding contracts for construction, materials, equipment and services. The duties and responsibilities of ENGINEER during the Bidding or Negotiating phase are amended and supplemented as indicated in paragraph 5 of Exhibit A "Further Description of Basic Engineering Services and Related Matters". e DRAFT 1.6. Construction Phase. During the Construction Phase: 1.6.1. General Administration of Construction Con- tract. ENGINEER shall consult with and advise OWNER and act as OWNER's J"Cprcsentative as pro- vided in Articles 1 through 17, inclusive, ofthe Standard General Conditions of the Construction Contract, No. 1910-8 (1983 edition) of the Engineers Joint Contract Documents Committee. The extent and limitations of the duties, responsibilities and authority of ENGI- NEER as assigned in said Standard General Conditions shall not be modified, except to the extent provided in paragraph 6 of Exhibit A UFurther Description of Basic Engineering Services and Related Matters" and except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor(S) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said Stan- dard General Conditions except as 'Otherwise provided in writing. 1.6.2. Visits to Site alld Observation of Construction. In connection with observations of the work of Con- tractor(s) while it is in progress: 1.6.2.1. ENGINEER shall make visits to the site at intervals appropriate to the various stages of con- struction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s)' work. In addition, ENGI- NEER shall provide the services of a Resident Proj- ect Representative (and assistants as agreed) at the site to assist ENGINEER and to provide more con- tinuous observation of such work. Based on infor- mation obtained during such visits and on such obser- vations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. 1.6.2.2. The Resident Project Representative (and any assistants) will be ENGINEER's agent or employee and under ENGINEER's supervision. The duties and responsibilities of the Resident Project Representative (and assistants) are set forth in Exhibit B "Duties. Responsibilities and Limitation of Authority of Resident Project Representative". 1.6.2.3. The purpose of ENGINEER's visits to and representation by the Resident Project Repre- sentative (and assistants. if any) at the site will be to enable ENGINEER to better carry oul the duties and P:l;: 3 of -18- p:J~es e' responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced and qualified design professional, to pro- vide for OWNER a greater degree of confidence that the completed work of Contraetor(s) will confonn generaIly to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and pre- served by Contractor(s). On the other hand, ENGI- NEER shall not, during such visits or as a result of such observations ofContractor(s)' work in progress, supervise. direct or have control over Contractor(s)' work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work ofContractor(s) or for any failure of Contractor(s) to comply with laws, rules, regula- tions, ordinances, codes or orders applicable to Con- tractor(s) furnishing and performing their work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by Con- tractor(s) nor assume responsibility for Contrac- tor(s)' failure to furnish and perform their work in accordance with the Contract Documents. 1.6.3. Defective Work. During such visits and on the basis of such observations, ENGINEER may disap- prove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms gen- erally to the Contract Documents or that it will preju- dice the integrity of the design concept of the Project as reflected in the Contract Documents. 1.6.4. Interpretations and Clarifications. ENGINEER shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. 1.6.5. Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect 00 Shop Drawings (as that term is defined in the aforesaid Standard General Conditions), samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Con- tract Documents. Such reviews and approvals or other action shall not extend to means, methods. techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 1.6.6. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute materials and p."-j,,f 18 e DRAFT equipment proposed by Contractor(s), but subject to the provision of paragraph 2.2.2. 1.6.7. Inspections and Tests. ENGINEER shall have authority, as OWNER's representative, to require spe- cial inspection or testing of the work. and shall receive and review all certificates of inspections. testings and approvals required by laws, rules, regulations, ordi- nances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of. and the results certified indi- cate compliance with, the Contract Documents). 1.6.8. Disputes between OWNER and Contractor. ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make deci- sions on all claims of OWNER and Contractor(s) relat- ing to the acceptability of the work or the interpretation of the requirements of the Contract Documents per- taining to the execution and progress of the work. ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith. 1.6.9. Applications for Payment. Based on ENGI- NEER's on-site observations as an experienced and qualified design professional, on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules: 1.6.9.1. ENGINEER shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a rep- resentation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of ENGINEER's knowledge, information and belief, the quality of such work is generally in accordance with the Con- tract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Sub- stantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of unit price work. ENGINEER's rec- ommendations of payment will include final deter- minations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 1.6.9.2. By recommending any payment ENGI- NEER will not thereby be deemed to have repre- sented that exhaustive. continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s)' work ,",:"11"""'-<<;' e. as it is furnished and performed beyond the respon- sibilities specifically assigned to ENGINEER in this Agreement and the Contnct Documents. ENGI- NEER9s review of Contractor(s)' work for the pur- poses ofrccoUlIDcnding payments will not impose on ENGINEER responsibility to supervise. direct or control such work or for the means, methods tech- . . mques, sequences. or procedures of construction or safety precautions or programs incident thereto or Contrnctor(s) compliance with laws. rules. regula- tions, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contrnct Price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between OWNER and CON- TRACTOR that might affect the amount that should be paid. 1.6.10. Contractor(s)' Completion Documents. ENGI- NEER shall receive and review maintenance and oper- ating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are to be assembled by Contractor(s) in accordance with the Contrnct Documents (but such review will only be to determine that their content complies with the requirements of, and in the case of certificates of in spec- tion, tests and approvals the results certified indicate compli~ce with, the Contract Documents); and shall transnut them to OWNER with written comments. 1.6.11. Inspections. ENGINEER shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the com- pleted work is acceptable so that ENGINEER may recommend, in writing, final payment to Contrnctor(s) and may give written notice to OWNER and the Con- uactor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recom- mendation and notice wiJ) be subject to the limitations expressed in paragraph 1.6.9.2. 1.6.12. Limitation oj Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contrnctor, or of any subcontractor or supplier, or any of the Contractor(s)' or subcontractor's or supplier's agents or employees or any other persons (except ENGINEER's own employees and agents) at the site or.otherwise furnishing or performing any of the Con- tractor(s)' work: however, nothing contained in para- graphs 1.6. I thru 1.6.11 inclusive. shall be construed to release Er--.:GI:--:EER from li3bility for failure to prop- e DRAFT erly perform duties and responsibilities assuDJCill 'by ENGINEER in the Contract Documents. L1. Operational Phase. Section 1.7 is Not Applicable. . During the Operational Phase. ENGINEER shall, when requested by OWNER: 1.7.1. Provide assistance in the closing of any financial or related transaction for the Project. 1.7.2. Provide assistance in connection with the refin- ing and adjusting of any equipment or system. 1.7.3. Assist OWNER in training OWNER's staff to opernte and maintain the Project. 1.7.4. Assist OWNER in developing systems and pro- cedures for control of the operation and maintenance of and record keeping for the Project. 1.7.5. Prepare a set of reproducible. record prints of Drawings showing those changes made during the con- struction process, based on the marked-up prints, draw- ings and other data furnished by Contractor(s) to ENGI- . NEER and which ENGINEER considers significant. 1.7.6. In company with OWNER, visit the Project to observe any apparent defects in the completed con- struction, assist OWNER in consultations and discus- sions with Contrnctor(s) concerning correction of such deficiencies, and make recommendations as to replace- ment or correction of defective work. The duties and responsibilities of ENGINEER during the Operational Phase are amended and supplemented as indicated in parngraph 7 of Exhibit A "Further Description of Basic Engineering Services and Related Matters" . SECfION 2-ADDITIONAL SERVICES OF ENGINEER 2.1. Services Requiring Authorization in Ad,.ance. Ifauthorized inwriting by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraphS 2.1. I through 2.1.14. inclusive. These services are not included as part of Basic Services except to the extent provided otherwise in Exhibit A "Further Description of Basic Engineering Services and Related Matters"; these will be paid for by OWNER as indicated in Section 5. . e. 2.1.1. Preparation of applications and supporting doc- uments (in addition to those furnished under Basic Ser- vices) for private or governmental grants, loans or advances in connection with the Project; preparation . or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such state- ments and documents pTCpared by others; and assis- tance in obtaining approvals of authorities having juris- diction over the anticipated environmental impact of the Project. 2.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 2.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of con- struction or method of financing; and revising previ- ously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies. reports or documents, or are due to any other causes beyond ENGINEERS's control. 2.1.4. Providing renderings or models for OWNER's use. 2.1.5. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not exe- cuted or documents for out-of-sequence work. 2.1.6. Investigations and studies involving, but not lim- ited to, detailed consideration of operations, mainte- nance and overhead expenses; providing value engi- neering during the course of design; the preparation of feasibility studies. cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of material, equip- ment and labor; and audits or inventories required in connection with construction performed by OWNER. 2.1.7. Furnishing services of independent professional associates and consultants for other than Basic Services (which include, but are not limited to, customary civil. structural. mechanical and electrical engineering and customary architectur<il design incidental thereto); and providing data or services of the types described in It DRAFT paragraph 3.4 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 3.4. 2.1.8. If ENGINEER's compensation is on the basis of a lump sum or percentage of Construction Cost or cost-plus a fixed fee method of payment, services resulting from the award of more separate prime con- tracts for construction, materials or equipment for the Project than are contemplated by paragraph 5.1.1.2. If ENGINEER's compensation is on the basis of a per- centage of Construction Cost and ENGINEER has been required to prepare Contract Documents on the assumption that more than one prime contract will be awarded for construction, materials and equipment, but only one prime contract is awarded for construction, materials and equipment for the Project, services attrib- utable to the preparation of contract documentation that was rendered unuseable and any revisions or addi- tions to contract documentation used that was neces- sitated by the award of only one prime contract. 2.1.9. Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's office as required by Section 1. 2.1.10. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except when such assistance is required to complete services called for in paragraph 6.2.2.5. 2.1.11. Providing any type of property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Con- tractor(s) to proceed with their work; and providing other special field surveys. 2.1.12. Preparation of operating, maintenance and staff- ing manuals to supplement Basic Services under para- graph 1.7.3. 2.1.13. Preparing to serve or serving as a consultant or witness for OWNER in any litigation. arbitration or other legal or administrative proceeding involving the Project (excep~ for assistance in consultations which is included as part of Basic Services under paragraphs 1.2.3 and 1.4.2). 2.1.14. Additional services in connection with the Proj- ect. including services which are to be furnished by OWNER in accordance with Article 3. and services nol otherv.'ise provided forin this Agreement. e 2.2. Required Additional Services. When required by the Contract Documents in circum- "stances beyond ENGINEER's control, ENGINEER shall furnish or obtain from others, as circumstances TCqUirc during construction and without waiting for specific authorization from OWNER, Additional Ser- vices of the types listed in paragraphs 2.2.1 through 2.2.6, inclusive (except to the extent otherwise pro- vided in Exhibit A "Further Description of Basic Engi- neering Services and Related Matters"). These services are not included as part of Basic Services. ENGINEER shall advise OWNER promptly after starting any such Additional Services which will be paid for by OWNER as indicated in Section 5. 2_2.1. Services in connection with work directive changes and change orders to reflect changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the addi- tional services rendered. 2_2.2. Services in making revisions to Drav.rings and Specifications occasioned by the acceptance of substi- tutions proposed by Contractor(s); and services after the award of each contract in evaluating and determin- ing the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor. 2.23. Services resulting from significant delays, changes or price increases occurring as a dire"ct or indirect result of material, equipment or energy shortages. 2.2.4. Additional or extended services during con- struction made necessary by (1) work damaged by fire or other cause during construction: (2) a significant amount of defective or neglected work of any Contrac- tor, (3) acceleration of the progress schedule involving services beyond normal working hours, and (4) default by any Contractor. 2.2.5. Services (other than Basic Services during the Operational Phase) in connection with any partial uti- lization of any part of the Project by OWNER prior to Substantial Completion. 2.2.6. Evaluating an unreasonable or extensive num- ber of claims submitted by Contractor{s) or others in connection with the work. SECfION 3--0WNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: e . DRAFT 3.1. Designate in writing a person to act as OWNER's representative with respect to the services to be ren- dered under this Agreement. Such person shall Rave complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project.. 3.2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and perfor- mance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies .of all design and construction standards which OWNER will require to be included in the Drawings and Specifica- tions. 3.3. Assist ENGINEER by placing at ENGINEER's disposal all available infonnatiot:l pertinent to the Proj- ect including previous reports and any other data rel- ative to design or construction of.the Project. 3.4. Furnish to ENGINEER, as required for perfor- mance of ENGINEER's Basic Services (except to the extent provided otherwise in Exhibit A "Further. Description of Basic Engineering Services and Related Matters"), the following: 3.4.1. data prepared by or services of others, including without limitation borings. probings and subsurface explorations, hydrographic surveys, 'lab- oratory tests and inspections of samples, materials and equipment; 3.4.2. appropriate professional interpretations of all of the foregoing; 3.4.3. environmental assessment and impact statements; 3.4.4. property, boundary, easement, right-of-way, topographic and utility surveys; 3.4.5. property descriptions; 3.4.6. zoning, deed and other land use restriction; and 3.4.7. other special data or consultations not cov- ered in Section 2; all of which ENGINEER may use and rely upon in performing services under this Agreement. 3.5. Provide engineering surveys to establish reference points for construction (except to the extent provided P3~:: 7 of 18..- p:!~es " e otherwise in Exhibit A "Further Description of Basic Engineering Services and Related Matters") to enable Conlraclor(s) to proceed with the layout of the work. 3.6. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for-ENGINEER to peJform services under this Agreement~ . 3.7. Examine all studies, reports, sketches, Drawings, Specifications~ . proposals and other documents pre- sented by,ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.8. Furnish approvals and permits from all govern- mental authorities having jurisdiction over the Projecf and such approvals and consents from others as may be necessary for completion of the Project. 3.9. Provide such accounting. independent cost esti- mating and insurance counseling services as may be . required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as O\VNER may require to ascer- tain that Contractor(s) are complying with any.law, role, regulation, ordinance. code or order applicable to their furnishing and performing the work. 3.10. If OWNER designates a person to represent OWNER at the site who is not ENGINEER or ENGI- NEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER and the Resident Project Representative (and any assistants) will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. 3.11. If more than one prime contract is to be awarded for construction, materials. equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. 3.12. Furn~h-to-ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided by others for O\VNER (such as services pur- suant to paragraphs 3.7 through 3.11. inclusive and e . DRAFT other costs of the types referred to in paragraph 1.2.6) so that ENGINEER may make the necessary findings to support opinions of probable Total Project Costs. 3.13. Attend the pre-bid confcrence, bid opcning, pre- construction conferences, construction progress and other job related mcctings and substantial completion inspections and final payment inspectio~. 3.14. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing ofENGINEER's services, or any defect or non- conformance in the work of any Contractor. 3.15. Furnish, or direct ENGINEER to provide. Addi- tional Services as stipulated in paragraph 2. I of this Agreement or other services as required. 3.16. Bear all costs incident to compliance with the requirements of this Section 3. SECfION 4-PERIODS OF SERVICE 4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's services pro- vided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINEER's obligation to render services hereunder will extend for a period which may reason- ably be required for the design. award of contracts. construction and initial operation of the Project includ- ing extra work and required extensions thereto. If in Exhibit A "Further Description of Basic Engineering Services and Related Matters" specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such dates are exceeded through no fault of ENGI- NEER, all rates, measures and amounts of compen- sation provided herein shall be subject to equitable adjustment. 4.2. The services called for in the Study and Report phase will be completed and the Report submitted within the stipulated period indicated in paragraph 2 of Exhibit A "Further Description of Basic Engineering Services and Related Matters" after written authorization to proceed with that phase of services which will be given by OWNER within thirty days after ENGINEER has signed this Agreement. 4.3. After acceptance by OWNER of the Study and . Report Pha5e documents indicating any specific mod. Page S of -1a- pages e ifications or changes in the general scope, extent or character of the Project desired by OWNER. and upon written authorization from OWNER. ENGINEER shall proceed with the performance of the services called for in the PrefuninarY Design Phase, and shall submit pre- liminary design documents and a revised opinion of probable Total Project Costs within the stipulated period indicated in paragraph 3 of Exhibit A "Further Descrip- tion of Basic Engineering Services and Related Mat- ters .. . 4.4. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of prob- able Total Project Costs, indicating any specific mod- ifications or changes in the general scope, extent or character of the Project desired by OWNER. and upon written authorization from OWNER, ENGINEER shall proceed with the performance of the services called for in the Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on the Pro}": ect within the stipulated period indicated in paragraph 4 of Exhibit A "Further Description of Basic Engi- neering Services and Related Matters". 4.5. ENGINEER's services under the Study and Report Phase, Preliminary Design Phase and Final Design Phase shall each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance. plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project. 4.6. After acceptance by OWNER of the ENGI- NEER 's Drawings, Specifications and other Final Design Phase documentation including the most recent opinion of probable Total Project Costs and upon written autho- rization to proceed, ENGINEER shall proceed with performance of the services called for in the Bidding or Negotiating Phase. This phase shall terminate and the services to be rendered thereunder shall be consid- ered complete upon commencement of the Construc- tion phase or upon cessation of negotiations with pro- spective Contractor(s) (except as may otherwise be required to complete the services called for in para- graph 6.2.2.5). 4.7. The Construction phase will commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof. and will terminate upon written recommendation by ENGI. NEER of final payment on the last prime contract to be completed. con!etion Phase.D~Ien- dered at different times in respect of separate prime contracts if the Project involves more than one prime contract. 4.8. The Operational phase will commence during the ConstIUction phase and will tenninate one year after the date of Substantial Completion of .the last prime contract for constroction. materials and equipment on which substantial completion is achieved. 4.9. If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of ENGINEER's services shaH be adjusted equitably. 4.10. If OWNER fails to give prompt written authori- zation to proceed with any phase of services after com- pletion of the immediately preceding phase, or if the Construction phase has not commenced within J.2.!l- calendar days (plus such addition3;l. time as may be required to complete the services called for under para- graph 6.2.2.5) after completion of the Final Design Phase, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement. 4.11. If ENGINEER's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond ENGINEER's control, ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid as pro- vided in paragraph 5.3.2. If such delay or suspension extends for more than one year for reasons beyond ENGINEER's control, or if ENGINEER for any rea- son is required to render Construction phase services in respect of any prime contract for construction, mate- rials or equipment more than one year after Substantial Completion is achieved under that contract, the various rates of compensation provided for elsewhere in this Agreement shall be subject to equitable adjustment. 4.12. In the event that the work designed or specified by ENGINEER is to be furnished or perfonned under more than one prime contract, or if ENGINEER's ser- vices are to be separately sequenced with the work of one or more prime contractors (such as in the case of fast-tracking). OWNER and ENGINEER shaH, prior to commencement of the Final Design phase, develop a schedule for perfonnance of ENGINEER's services during the Final Design. Bidding or Negotiating and Construction Phases in order to sequence and coordi- nate properly such services as are applicable to the work under such separate contracts. This schedule i!: Pa~e 9 of lJL- pages e e DRAFT to be prepared whether or not the work under such contracts is to proceed concurrently and is to be included in Exhibit A .. Further Description of Basic Engineering Services and Related Matters", and the provisions of paragraphs 4.4 through 4.10 inclusive, will be modified accordingly. [The remainder of this page was left blank intentionally.] p.'~.' ", "r 18 f"l'~"(. e e DRAFT LUMP SUM METHOD OF PAYMENT SECI10N S-PA YMENTS TO ENGINEER 5.1. Methods or Payment for Services and Expenses or ENGINEER. 5.1.1. For Basic Services. OWNER shall pay ENGI- NEER for Basic Services rendered under Section 1 (as amended .and supplemented by Exhibit A "Further Description of Basic Engineering Services and Related Matters") as follows: ~ >:: ~ 5.1.1.2. SeveralPrimeContracts.lfmorethanone g but less than 3 separate prime contracts are ~ awarded for construction, materials and equipment :; for the Project, a lump sum fee of $ 67,500.00 ~ for all Basic Services (except services of ENGI- ~ NEER's Resident Project Representative (and assis- ~ tants) furnished under paragraph 1.6.2.1 and Oper- -; ational Phase services furnished under paragraph 1.7); " ~ but. ifaay prime E8Fltmct Geataia~ cgSl ph,IIi or incen- _ ti <Ie. SaviFlgs flra',isioRs for Cealr:acter's g~ic cgm- pcn:i:6ti88, Ii lump stirn fe.e. sf $ f.gr such services. 5.1.1.3. Resident Project Services. For services of ENGINEER's Resident Project Representative (and assistants) furnished under paragraph 1.6.2.1. on the basis of Salary Costs times a factor of 1..5 for services rendered by principals and employees assigned to resident Project representation. Not Appli- cable 5.1.1.4. Operational Phase Services. For Oper- ational Phase services furnished under paragraph 1.7, an amount equal to EN GIN EER' s Salary Costs times a factor of for services rendered by prin- cipalsand employees engaged directly on the Project. 5.1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services rendered under Seclion 2 as follows: 5.1.2.1. General. For Additional Services of ENGINEER's principals and employees engaged directly on the Project and rendered pursuant to para- graph 2.1 or 2.2 (except serviCes as a consultant or witness under paragraph 2.1.13), on the basis of ENGINEER's Salary Costs times a factor of 2.5 5.1.2.2. Professional Associates and Consultants. For services and Reimbursable Expenses of inde- pendent professional associates and consultants employed by ENGINEER to render Additional Ser- vices pursuant to paragraph 2.1 or 2.2, the amount billed to ENGINEER therefor times a factor of 1.1 5.1.2.3. Serving as a Witnes;s:. For services ren- dered by ENGINEER's principals and employees as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding in ac- cordance with paragraph 2.1.13, at the rate of S ROO per day or any portion thereof (but com- pensation for time spent in preparing to appear in any such litigation. arbitration or proceeding will be on the basis provided in paragraph 5.1.2.1). Com- pensation for ENGINEER's independent profes- sional associates and consultants will be on the basis provided in paragraph 5. I .2.2. 5.1.3. For Reimbursable Expenses. In addition to pay- ments provided for in paragraphs 5.1.1 and 5.1.2, OWNER shall pay ENGINEER the actual costs of all Reimbursable Expenses incurred in connection with all Basic and Additional Services. 5.1.4. The terms "Salary Costs" and "Reimbursable Expenses" have the meanings assigned to them in para- graph 5.4. 5.2. Times of Payments. 5.2.1. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon ENGINEER's estimate of the propor- tion of the total services actually compleled at the time of billing. OWNER shall make prompt monthly pay. ments in response to ENGINEER's monthly st~te- mcnts. Pal=e II of lB.- p:l~e~ e 5.3. Other Provisions Concerning Payments. 5.3.1. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty daysafterrccciptofENGlNEER's statement therefor, the amounts due.ENGINEER will be increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER. suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. 5.3.2. In the event .of termination by OWNER under paragraph 7.1 upon the completion of any phase ofLhe Basic Services, progress payments due ENGINEER for services rendered through such phase shall consti- tute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGI- NEER's Salary Costs times a factor of 2.5 for services rendered during that phase to date of termi- nation by ENGINEER's principals and employees engaged directly on the Project. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for all unpaid Additional Ser- vices and unpaid Reimbursable Expenses, plus all ter- mination expenses. Termination expenses mean Reim- bursable Expenses directly attributable to termination, which, if termination is at OWNER's convenience shall include an amount computed as a percentage of total compensation for Basic Services earned by EN GI- NEER to the date of termination, as follows: 20% if termination occurs after commencement of the Preliminary Design Phase but prior to commence- ment of the Final Design Phase; or 10% if termination occurs after commencement of the Final Design Phase. 5.3.3. Records of ENGINEER's Salary Costs perti- nent to ENGINEER's compensation under this Agree- ment will be kept in accordance with generally accepted accounting practices. Copies will be made available to OWNER at cost on request prior to final payment for ENGINEER's services. 5.3.4. Whenever a factor is applied to Salary Costs in determining compensation payable to ENGINEER that factor will be adjusted periodically and equitably to reflect changes in the various elements that comprise e DRAFT such factor. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. 5.4. Definitions. 5.4.1. The Salary Costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, archi- tects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business per- sonnel; plus the cost of customary and statutory ben- efits including, but not limited to, social security con- tributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits. For the purposes of this Agreement, the prin- cipals of ENGINEER and their current hourly SalaJ:y eusts--aRH charges are: D. Wayne Klotz, P.E. $80/Hollr Bernard H. Shield, P .E. $80jHour The hourly Salary Costs of principals of ENGINEER will be adjusted equitably to reflect changes in person- nel and in ENGINEER's overall compensation pro- cedures and practices. The amount of customary and statutory benefits of all other personnel of ENGINEER will be considered equal to 30 % of salaries and wages, subject to equi- table adjustment to reflect changes in ENGINEER's overall compensation procedures and practices. 5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's indepen- dent professional associates or consultants. directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assis. tants; toll telephone calls and telegrams; reproduction of reports, Drawings. Specifications. Bidding Docu- ments. and similar Project-related items in addition to those required under Section I; and, if authorized in advance by OWNER. overtime work requiring higher than regular rates. Pa!:c: 12 of ---18- ra~c:s l, e e DRAFT . I ft blank intentionally.] [IbiS page was e Pa~e 13 of 1L- p::!ges e. e DRAFT . . left blank intentionally.] [TIllS page Vi as P'~:' 1~ or _~ ['l:}~cs e SEcrION 6-CONSTRUCTION COST AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire Project (herein referred to as "Construction Cose') means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, propenies unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financ- ing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to paragraphs 3.7 throughh 3.11, inclusive. [Construction Cost is one of the items com- prising Total Project Costs which is defined in para- graph 1.2.5.] 6.2. Opinions of Cost. 6.2.1. Since ENGINEER has no control over the cost oflabor, materials, equipment or services furnished by others, or over the Conlractor(S)' methods of deter- mining prices, or over competitive- bidding or market conditions, ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that pro- posals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator as provided in paragraph 3.9. Section 6.2.2 is Not ApplicablE:'. . . 6.2.2. If a Construction Cost hmlt IS establIshed by written agreement between OWNER and ENGINEER and specifically set forth in this Agreement as a con- dition thereto, the following will apply: 6.2.2.1. The acceptance by OWNER at any time during the Basic Services of a revised opinion of probable Total Project or Construction Costs in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. P,n_ I ~ "f 18 e DRAFT 6.2.2.2. Any Construction Cost limit so estab- lished will include a contingency often percent~s .- another amount is agreed upon in writing. 6 , , 1. ENGINEER will be permitted to deter- mine what types of materials, .eqbipdacnt and com- . ponent systems arc to be included in the Dra~ and Specifications and to make reasonable adJust- ments in the general scope, extent and character of the Project to bring it within the cost limit. 6.2.2.4. If the Bidding or Negotiating phase has not commenced within six months after completion of the Final Design Phase, the established Construc- tion Cost limit will not be binding on ENGINEER, and OWNER shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction indus- try between the date of completion of the Fmal Design phase and the date on which proposals or bids are sought. '. 6.2.2.5. If the lowest bona fide proposal or bid exceeds the established Construction Cost limit, OWNER shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering practices. In the case of(3), ENGINEER shall modify the Con- tract Documents as necessary to bring the Construc- tion Cost within the cost limit. In lieu of other com- pensation for services in making such modifications, OWNER shall pay ENGINEER, ENGINEER's cost of such services, all overhead expenses reasonably related thereto and Reimbursable Expenses,trot without profit to ENGINEER on account of such services. The providing of such service will be the limit of ENGINEER's responsibility in this regard and, having done so, ENGINEER shall be entitled to payment for services in accordance with this Agreement and will not otherwise be liable for darn- ages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost. SECTION 7-GENERAL CONSIDERATION 7 .1. Termination. The obligation to provide further services under this Acreement may be tenninated by either party upon ~ days' written notice in _the event of substantial seven. . n n~~ec; e failure by the other party to perform in accordance with the tenns hereof through no fault of the terminating party. "7.:1. Reuse or Docaments. . All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGI- NEER's independent professional associates and con- sultants) pursuant to this Agreement are instruments of service in respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verifica- tion or adaptation by ENGINEER for the specific pur- pose intended will be at OWNER's sole risk and without liability or legal exposure to ENoGINEER, or to ENGI- NEER's independent professional associates or con- sultants, and OWNER shall indemnify and hold harm- less ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verti- fication or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.3. Insurance. 7.3.1. ENGINEER shall procure and maintain insur- ance for protection from claims under workers' com- pensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. e DRAFT 7.4. Controlling Law. . .This Agreement is to be governed by the law of the principal'place of business of ENGINEER. . . - '.. 7.5. Suc:cessors and Assigns. 7.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.5.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal repre- sentatives (and said assigns) of such other party. in respect of all covenants, agreements and obligations of this Agreement. 7.5.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights und~~ or interest in (includ- ing, but without limitation, moneys that may become d~e or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing con- tained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 7.5.3. Nothing under this Agreement shall be con- strued to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER. anci all duties and responsibilities undertaken pursuant H. this Agreement will be for the sole and exclusive benefi of OWNER and ENGINEER and not for the benefi of any other party. [1be remainder of this page was left blank intentionally.J P:!['e 16 0f ..liL- p:!~es e 7.6. Arbitration. 7.6.1. All claims. counterclaims. disputes and other . matters in question between the panies hereto arising.. . out of or relating to this Agreement orthe breach thereof. will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the Amer- ican Arbitration Association then obtaining. subject to the limitations and restrictions stated in paragraphs 7.6.3 and 7.6.4 below. This Agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this para- graph 7.6 will be specifically enforceable under the prevailing law of any court having jurisdiction. 7.6.2. 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 arbitration be made after the date when institution of legal or equitable proceedings based on such claim. dispute or other matter in question would be barred by the applicable statute oflimitations. 7.6.3. 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 party making such demand or answering statement is not more than $200.000 (exclusive of interest and costs) and the arbitrators will not have jurisdiction. power or authority to render a monetary award in response thereto against any pany which totals more than $200,000 (exclusive of interest e DRAFT 7.6.5. By written consent signed by all the panies to this Agreement and containing a specific reference hereto. the limitations and restrictions contained in paragraphs 7.6.3 and 7.6.4 may be waived in whole or in pan as to any claim. counterclaim. dispute or other matter spe- cifically described in such consent. No consent to arbi- tration in respect of a specifically described claim. counterclaim. dispute or other matter in question will constitute consent to arbitrate afiy other claim. coun- terclaim. 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. 7.6.6. The award rendered by the arbitrators will be final. judgment may be entered upon it in any court having jurisdiction thereof. and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U .S.C. ~~ 10. 11). [The remainder of this page was left blank intentionally.] P:!!;e 17 of -1.S- pJ;:es e e DRAFT SECTION 8-SPEClAL PROVISIONS. EXHIBITS and SCHEDULES. 8.1. This Agreement is subject to the following special provisions. 8.1.1. Trench safety systems will be included in the plans, specifications, and bid documents. Trench safety systems will meet Occupational Safety and Health .Administration and State Dept. of Highways & Public Transportation criteria in effect at the date of this Agreement. 8.1.2. This Agreement will result in the production of two separate sets of construction documents - one for the City of LaPorte utility relocations and one for the roadway and its appurtenances. No bidding and construction phase services are anticipated for the roadway contract. 8.1.3. The Engineer will coordinate the preparation of documents with the State Dept. of Highways & Public Transportation. The Engineer will also provide timely information to the State Dept. of Highways & Public Transportation for their review. . 8.2. The following Exhibits are attached to and made a part of thiS Agreement: 8.2.1. Exhibit A "Further Description of Basic Engineering Services and Related Matters" consisting of h pages. 8.2.2. Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project'Representative" consisting of 3 pages. 8.2.3. Exhibit C "Services To Be Provided By The State Department of Highways & Public Transportation' consisting of 1 page. - 8.3. This Agreement (consisting of pages 1 to 18 , inclusive) together with the Exhibits and schedules . identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits and schedules may only be amended. supplemented, modified or cancelled by a duly executed written instrument. IN WITNESS WHEREOF. the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER: D. Wayne Klotz, P.E. Executive Vice President City of La Porte Address for giving notices: Klotz/ Associates, Inc. Address for giving notices: P.O. Box 1115, La Porte, Texas 77571 713/471-5020 1155 Dairy Ashford, Suite 705, Houston, Texas 77079 " 713/589-7257 P2!'C lB of -is _ p:!~cs e e DRAFT EXHIBIT "A" TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES, DATED , 19 Further Description of Basic Engineering Services-and Related Matters 1. This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on , 19 between the City of La Porte (OWNER) and (ENGINEER) providing for professional engineering services. The Basic Services of Engineer as described in Section 1 of the Agreement are amended or supplemented as indicated below and the time periods for the performance of certain services as indicated in Section 4 of the agreement are stipulated as indicated below. 2. The scope of work for the project is described as follows: REVIEW AND EVALUATE EXISTING DATA A. Review and evaluate all data provided by SDHPT. B. Obtain and review necessary plans and data from the City of La Harris County, Harris County Flood Control District, and companies. Porte, utility FIELD SURVEY A. Establish project baseline on-the-ground for limits of project and tie to SDHPT control points. The project baseline must be coincidental with, or parallel to, the stationed "Design Centerline." Establish baseline control points using 5/8" iron rods, 36" long, at P.C.'s, P.I's, and P.T.'s of horizontal curves and at 1,000 feet maximum intervals on tangents. Baseline control points (iron rods) will be set and offset on both sides near existing R.O.W. lines. B. Locate previously set bench marks and run levels to prove their validity. Establish additional benchmarks at intervals not to exceed 1,000 feet for limits of project and tie to project baseline. Benchmarks shall be 3/4" diameter iron rods 4 feet long located near the right-of-way line. Tie benchmarks to SDHPT elevation datum. Loop benchmarks in accordance with good surveying practice. C. Perform topographic survey as required to update project planimetric. D. Perform topographic survey and obtain existing cross-sections of existing public cross-streets/"T" intersections for a distance of 300' from the proposed R.O.W. line. E. Obtain existing roadway cross-sections as required to supplement cross-sections provided by SDHPT. A-I F. Locate ex~ng utilities within the existtll and prop~se~~.~ ~J the limits of the project. Tie utilities to the project ~~<<:'~n determine elevation. G. Set location of proposed soil borings, or tie holes after boring and determine top of hole elevation. H. Office calculations and plotting as needed to perform the above field services. I. Obtain cross-sections and profiles of stream crossings at 200-foot intervals for a distance of 600 feet each way, and as required to perform a THYSYS and HEC-2 analysis. K. Any traverse related to the project will be performed with appropriate modified second order procedures by closed loop into project hori- zontal control points. Closures will be one part in 20,000 or better. L. All control leveling work will be performed second order procedures with closed loops control. Closures will be better than 0.02 of the number of miles in the loop. using appropriate modified into the project vertical foot times the square foot M. Document all field work and submit field data to SDHPT and-the City of La Porte. ROADWAY PLANS A. Develop typical sections for roadways. B. Perform geometric design for horizontal alignment. C. Plot existing topographic features as required to update project planimetric. D. Plot location of existing utilities in plan and profile. E. Develop design profiles. F. Prepare roadway plans and details. G. Show existing utilities including those which are in conflict with the proposed construction. Identify potential conflicts. H. Prepare intersection layouts. Prepare intersection plan and details. CITY OF LA PORTE UTILITY PLANS A. Plot location of existing City utilities in plan and profile. B. Develop new horizontal and vertical location of utilities. C. Prepare utility plans and details. A-2 D. Prepare ~lete bid package for City uti~es which will be separate from the roadway plans. E. Submit to SDHPT for review and approval. DRAFT UTILITY A. Contact the utility owners and locate existing utilities on the ground. B. Evaluate utility conflicts with proposed construction. C. Prepare and submit to City of La Porte drawings for required utility agreements. The following information will be submitted for each required utility agreement. 1) A reproducible drawing 8 1/2" x 11", 11" x 17", or 22" x 36" (as appropriate) and title sheet for each utility agreement. 2) Drawing will include the following: a) Existing and/or proposed R.O.W. lines. b) Existing and/or proposed roadways. c) Proposed storm sewers. d) Underground utility in plan and profile. e) Limits of existing casing pipe. f) Owner of utility. g) Control of access line. h) Copies of correspondence with utility companies. i) If contact was made by phone, provide name of company and representative's name and telephone number. 3) Detailed list of all conflicts with utilities. List must include the following information: a) Highway station number. b) Name of utility company and type of facility. c) Proposed highway facility - the conflict with: storm sewer, roadway, drainage ditch, drill shaft, etc. A-3 . ; - e DRAFT STORM DRAINAGE PLANS AND DETAILS A. Prepare drainage area maps. B. Compute storm runoff. C. Locate and size storm sewer inlets. D. Design storm sewer for collection and discharge of runoff. E. Prepare plans, specifications, and cost estimates for storm sewer and outfall systems. F. Analyze storm sewer system utilizing THYSYS program available from SDHPT. G. Analyze outfall ditch utilizing HEC-2 program. H. Coordinate drainage plan with City of La Porte and HCFCD. CONSTRUCTION SEQUENCE AND TRAFFIC CONTROL PLAN A. Determine the project construction sequence and design a traffic control plan based upon the MUTeD and the latest District 12 traffic control design requirements. This shall include traffic counts and field investigations into such items as any storm sewer work, utilities, R.O.W. restrictions, adjacent properties and cross street access and other items which may ultimately affect the safe handling of traffic during the construction sequence. B. Meet with District 12 personnel early in the project design as soon as a construction sequence is developed, and periodically as the design continues, (25%, 50%, 90% reviews). D. Prepare a drawing to 1" = 40' scale for each phase, based upon the agreed sequence of construction. A smaller scale will require prior approval of the SDHPT. The drawings shall indicate traffic lanes vs. work zones per phase including all required detours. Consideration shall be given to the use of temporary traffic control signals and, if needed, how to utilize and coordinate with the various phases. The drawings will be used by the District to obtain final approval of the TCP at the monthly Safety Review Team Meeting. A-4 " ( E. Based on~ results of the Safety Revie~eam meetinJ:)~~~a~ed Traffic Control Plans, Specifications and Estimate will be completed. SIGNING, SAFETY LIGHTING, PAVEMENT MARKING, DELINEATION AND SIGNALIZATION A. Perform an inventory of all existing signs on the project. Prepare a work sheet showing the location of each existing sign and sign text. B. Determine location and type of warning signs, regulatory, and guide signs according to criteria furnished by SDHPT (Texas Manual on Uniform Traffic Control Devices (MUTCD) and prepare signing plans and details. C. Determine location and type of required roadway illumination for safety lighting according to Texas MUTCD criteria and prepare lighting plans and details. D. Prepare plans and details for all required pavement marking and delineation. E. Conduct traffic surveys and obtain signalization warrants (if required). data and warrants at each location for approval. (Assumed __2__ signals). accident data for Prepare signal submittal to intersection justification the SDHPT for F. Prepare plans and details for intersection signalizations warranted according to SDHPT criteria. Obtain SDHPT approval prior to design. (Assumed --7__ signals). G. Coordinate with District 12 and City of La Porte representatives. EARTHWORK A. Prepare reproducible earthwork cross-sections on grid for submittal to SDHPT and tabulate earthwork quantities. GENERAL NOTES, SPECIFICATIONS, AND STANDARD DRAWINGS A. Develop required general notes and special provisions. B. Prepare any additional special provisions or special specifications required. C. Prepare general notes, specification data and plans estimate on a 51/4" IBM PC-XT compatible diskette. D. Select the standard SDHPT drawings applicable to the project, modify as required, and fill in the title blocks. A-5 <' .' , QUANTITIES AN~ST ESTIMATES e DRAFT A. Prepare list of construction bid items. B. Compute estimated quantities for all bid items. C. Develop basis of estimate. D. Compute estimated cost of construction work based on current unit prices and estimated quantities. E. Prepare Estimate of Quantity Sheets showing a separate breakdown of quantities for any local participation that may be involved. CONSTRUCTION CRITICAL PATH METHOD (CPM)/CONTINUED ASSISTANCE TO SDHPT A. Prepare a detailed construction CPM based on standard, intermediate, and accelerated production rates to verify the construction time required to complete the project. B. Revise plans, specifications, and estimate to incorporate comments from 100 Percent Review Submittal. All schedule information is after receipt of written authorization to proceed with a phase by the OWNER. Schedule does not include review by the City of La Porte, SDHPT, or HCFCD. 3. The Project schedule is estimated to be as follows: Roadway Plans Preliminary Engineering & Surveying 30 days Final Design 45 days Coordination of SDHPT Review 30 days City Utility Plans Preliminary Engineering & Surveying 30 days Final Design 45 days Bidding and Award 30 days Construction Phase 60 days 4. The anticipated breakdown of compensation is as follows: Basic Services Preliminary Design Final Design Subtotal: $15,000.00 50,000.00 $65,000.00 Total Basic Services: $1,000.00 1,500.00 $67,500.00 Bidding and Award for City Utilities Construction Phase for City Utilities (Basic Services Only) A-6 ; · j" Additional Services e e These services will be performed as authorized by the O\~ER. Field Surveys Geotechnical Investigations Hydrologic and Hydraulic Analysis (if required) $4,400.00 2,600.00 $10,000.00 A-7 DRAFT ~. ,; . . .-. e e . DRAFT EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES, dated ,19_ (for use with No. 1910-1, 1984 Edition). A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY.OF THE RESIDENT PROJECT REPRESENTATIVE. This is an Exhibit attached to. .made a part of and incorporated by reference with the Agreement made on - · 19_, between the CIty of La Porte (OWNER) and (ENGINEER) providing fQr professional engineering services. ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. . Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in paragraph 1.6 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: . A. General RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent ofthe Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWN- ER's on-site operations. b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of avail- ability of samples for examination. c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. Review of Work. Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements B-1 .- '. ,.' e e . DRAFT of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINF,ER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c. Record names, addresses and telephone numbers of all CONTRACTORS.. subcontractors, and major " suppliers of materials and equipment. 9. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CON- TRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the estab- lished procedure for their submission and forward with recommendations to ENGINEER, noting partic- ularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates. Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CON- TRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER. OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. B-2 <' I Y ......( e e DRAFT c. Limitations of Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. B-3 <#' "w,'" e e DRAFT EXHIBIT "e" Services to Be Provided By the State The State Department of Highways and Public Transportation (SDHPT) will be asked to furnish to the Engineer the following items: 1. Furnish available horizontal control points. 2. Furnish bench mark elevations and descriptions for vertical control. 3. Furnish listing of horizontal alignment coordinates for baseline control only. 4. Furnish data the SDHPT has on file concerning this project. 5. Furnish available existing right-of-way plans for entire project. 6. Furnish available interface data for any projects adjacent to this project. 7. Furnish copies of available existing standard plans for reference. 8. Provide available and applicable special specification, special provisions, and updated list of bid items applicable to the project. 9. Furnish available reproducible tracings (planimetric drawings) on mylar showing existing features of the area. 10. Furnish available and applicable blue linaprints of_design standards, blank plan and profile sheets, blank film sheets with SDHPT title block. 11. Furnish available traffic counts, as necessary, for development of the traffic control plan. 12. Assist the Engineer, data and information agencies. as necessary, in order to obtain the from other local, regional, State and required Federal 13. Provide the Engineer with timely order to permit the Engineer to schedule. review and decisions necessary in maintain an agreed upon project 14. Make available to the Engineer and the appropriate project files of the District 12 office. Make available to the Engineer computer facilities. Should the Engineer need to use SDHPT's computer facilities, data input will be by SDHPT personnel. Data must be submitted in a format acceptable to the SDHPT. 15. Furnish a copy of the environmental assessment, if required. 16. Furnish a tabulation of applicable unit prices. 17. Furnish available existing roadway cross-sections. c-} REQUES4ItOR CITY COUNCIL AGENDA I~ Agenda Date Requested: 10/26/87 Requested By: Robert T. Herrera Department: Administration xx Report Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION The Golf Course Advisory Board would like to recommend the following names be considered for the La Porte Municipal Golf Course: 1) Bay Forest Golf Course 2) La Porte Bayshore Golf Course 3) Forest Bay Golf Course Staff has contacted Knox Askins, City Attorney, to check and see if any of these names are registered with the State. Action Required by Council: Choose a name for the La Porte Municipal Golf Course Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for Citv Council Agenda ~ Robert T. Herrera City Manager ) () ~7~ -;-~l DATE