HomeMy WebLinkAbout1999-07-26 Regular Meeting
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MINUTES OF THE REGULAR MEETING
OF LA PORTE CITY COUNCIL
JULY 26,1999
1. CALL TO ORDER
The meeting was called to order by Mayor Pro-Tern Chuck Engelken at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Alton Porter, Deotis Gay, Charlie Young, and Jerry Clarke.
Members of Council Absent: Mayor Norman Malone and Councilperson Peter Griffiths
Members of City Executive Staff and City Emplovees Present: City Manager Robert T.
Herrera, Assistant City Attorney John Armstrong, City Secretary Martha Gillett,
Assistant City Manager Jeff Litchfield, Administrative Assistant Carol Buttler, Director
of Planning Doug Kneupper, Director of Public Works Steve Gillett, Director of
Administrative Services Louis Rigby, Police Chief Richard Reff, Assistant Finance
Director Cynthia Alexander, Assistant City Secretary Janis Goulder, Cash Manager
Rick Overgaard, Human Resources Manager Sydney Upchurch, Accounting Manager
Kathy Hutton, and Accounting Technician II Cherell Arcangeli.
Others Present: Bill Hall, Bill White, Tony Arcangeli, Mike Mosteit, Summer
Cacciotto, and a number of citizens.
2. Councilperson Deotis Gay delivered the Invocation.
3. Council considered approving the minutes of the Regular Meeting and Workshop on
July 12, 1999.
Motion was made bv Council person Sutherland to approve the minutes of the Regular
Meeting and Workshoo as oresented. Second by Councilperson Clarke. The motion
carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Clarke
Nays: None
Abstain: Gay
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
There were no citizens wishing to address Council.
5. Presentations:
A. Mayor Pro-Tern presented the Employee of the Quarter for April, May, & June
1999 to Cherell Arcangeli.
6. Council considered approving a Resolution declaring intention to reimburse certain
expenditures with borrowing proceeds concerning the Community Library.
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City Council Minutes - July 26, 1999 - Page 2
Assistant City Manager Jeff Litchfield presented summary and recommendation and
answered City Council's questions.
City Attorney read: RESOLUTION 99-25 - A RESOLUTION DECLARING
INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING
PROCEEDS.
Motion was made by Councilperson Sutherland to aporove the resolution with changes as
discussed. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Clarke
Nays: None
Abstain: None
7. Council considered approving an ordinance approving an agreement between the City of
La Porte and Hall/Barnum Architects, Inc., for architectural services for the design and
construction of the new Community Library.
City Manager's Administrative Assistant Carol Buttler presented summary and
recommendation and answered questions for City Council.
Assistant City Attorney read: ORDINANCE 99-2346 - AN ORDINANCE APPROVING
AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HALL/BARNUM
ARCInTECTS, INC., TO PROVIDE PROFESSIONAL ARCInTECTURAL
SERVICES FOR THE DESIGN AND CONSTRUCTION OF THE NEW
COMMUNITY LffiRARY; PROVIDING FOR AN APPROPRIATION OF
$171,600.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Gay to approve the ordinance as presented by Ms.
Buttler. Second by Councilperson Sutherland. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Clarke
Nays: None
Abstain: None
8. Council considered approving an ordinance approving and authorizing an agreement of
lease between the City of La Porte and Hovey-Bethea Powell Post No. 428 of the
American Legion.
City Manager Robert T. Herrera presented summary and recommendation and answered
questions for City Council.
Assistant City Attorney read: ORDINANCE 99-2347 - AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT OF LEASE BETWEEN THE CITY OF LA
PORTE AND HOVEY-BETHEA POWELL POST NO. 428 OF THE AMERICAN
LEGION; PROVIDING FOR AN APPROPRIATION OF $20,000.00, TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
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City Council Minutes - July 26, 1999 - Page 3
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Young to approve the ordinance as presented by Mr.
Herrera. Second by Councilperson Clarke. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Clarke
Nays: None
Abstain: None
9. Council considered an ordinance approving and authorizing a contract between the City
of La Porte and Hawes, Hill and Paterson Consultants, L.L.P., for Tax Increment
Reinvestment Zone Number One implementation and Board Management Services.
City Manager Robert T. Herrera presented summary and recommendation.
Assistant City Attorney read: ORDINANCE 99-2348 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT FOR CONSULTING SERVICES BETWEEN
THE CITY OF LA PORTE AND HAWES, fiLL AND PATIERSON
CONSULTANTS, L.L.P., FOR TAX INCREMENT REINVESTMENT ZONE
NUMBER ONE IMPLEMENTATION AND BOARD MANAGEMENT SERVICES
APPROPRIATING $43,500; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Ebow to approve the ordinance as presented by
Mr. Herrera. Second by Councilperson Porter. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Clarke
Nays: None
Abstain: None
10. Council considered approving an ordinance approving and authorizing a contract between
the City of La Porte and Hawes, Hill and Patterson Consultants, L.L.P., for preparation of
a Northside Neighborhood Plan.
City Manager Robert T. Herrera presented summary and recommendation.
City Attorney read: ORDINANCE 99-2349 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
HAWES, HILL AND PATIERSON CONSULTANTS, L.L.P., FOR PREPARATION
OF A NEIGHBORHOOD PLAN APPROPRIATING $12,000 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilperson Gay to approve the ordinance as presented by
Mr. Herrera. Second by Councilperson Young, The motion carried unanimously.
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City Council Minutes - July 26, 1999 - Page 4
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Clarke
Nays: None
Abstain: None
11. Council considered approval or other action declaring Uretek USA as a sole source and
authorizing the City Manager to execute an annual agreement with Uretek USA.
Director of Public Works Steve Gillett presented summary and recommendation and
answered questions for City Council.
Motion was made by Councilperson Young to approve the agreement as presented by
Mr. Gillett. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Clarke
Nays: None
Abstain: None
12. Council considered approving change order number 3 for the Fleet Fueling Facility
Project in the amount of $73,650.95 and authorize an additional $45,189.75 from the
project contingency to fund change order.
Director of Public Works Steve Gillett presented summary and recommendation and
answered questions for City Council.
Motion was made by Councilperson Sutherland to approve the ordinance as presented by
Mr. Gillett. Second by Council person Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Young, Clarke and Malone
Nays: None
Abstain: None.
13. Council received a report regarding proposal for Plan Review Services.
Director of Planning Doug Kneupper presented summary and recommendation and
answered City Council's questions.
14. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. City Council Retreat - July 30 - 31, 1999.
B. Budget Workshop - August 16 - 20, 1999
15. COUNCIL ACTION
Councilpersons Sutherland, Ebow, Porter, Gay, Young, Clarke and Mayor Pro-Tern
Engelken brought items to Council's attention.
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City Council Minutes - July 26, 1999 - Page 5
16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
There were no items to be discussed in Executive Session.
17. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
Due to no Executive Session, there was no action taken.
18. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 6:55 PM.
Respectfully submitted,
'1Y1()JrJJ~ IJ~
Martha Gillett
City Secretary
Passed and approved on this 9th day of August 1999.
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e CITY OF LA PORTE e
INTEROFFICE MEMORANDUM
July 12, 1999
FROM:
SUBJ:
M~~ Gillett, City Secretary
Sy<fif~church' Human Resources Manager
Council Agenda Item, July 26, 1999
Employee of the Quarter, April, May & June 1999
TO:
Please include an Emplovee of the Quarter award presentation on the Agenda
for the Council Meeting scheduled on July 26, 1999. The award will be
presented to Cherell Arcangeli, Accounting Technician II, Finance Department.
Attached is a synopsis that provides specific information regarding Cherell's
selection for this award.
Should you require additional information, please let me know. Thanks for your
assistance.
SU:s
Attachment
Cc: J. Litchfield
C. Alexander
K. Hutton
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Cherell Arcangeli
EMPLOYEE OF THE QUARTER
April, May & June 1999
The City of La Porte's Employee of the Quarter for April, May & June 1999,
is Cherell Arcangeli. Cherell has been with the Finance Department since
August 1992. During that time, Cherell has worn many hats. She has
served as a Customer Service Clerk and Utility Billing Asst. Currently as an
Accounting Tech. II, Cherell's primary responsibility is preparing monthly
financial reports. In addition to her regular workload, her broad experience in
the Finance Department also allows her to support her team by working at a
variety of assignments.
Accounting Manager, Kathy Hutton, says Cherell is a positive role model for
her team and always provides exceptional customer service for both internal
and external users. Cherell is eager to accept new assignments and works
independently toward her goals. Cherell was invaluable to her supervisors
during the recent conversion to a new computerized accounting management
system.
Cherell strives for perfection in every project she undertakes and always
maintains a pleasant, upbeat attitude. The City of La Porte is fortunate to
have someone of Cherell's caliber and dedication on the team.
Congratulations Cherell and keep up the good work.
. .
REQJtT FOR CITY COUNCIL AGENDA ITEI
AGENDA DATE Julv 26. 1999
REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; XX RESOLUTION; _ ORDINANCE;
On January 16, 1999, the voters of La Porte approved a Section 4B 'Yz cent Sales Tax. One of
the projects planned to be built with the revenues from the new tax is a Community Library. The
retailers in the City began collecting this tax on July 1, 1999. The City will receive its first
payment in September. The City expects to collect about $900,000 in revenue over the next
year.
While preliminary work has began on the Community Library, it is not desirable for us to issue
financing debt at this time. Since we are ready to move forward with further design of this
project, we recommend the City Council approve a resolution that allows the City to reimburse
itself from future bond proceeds for expenditures that are made prior to the issuance of the debt.
This is a position that we have taken on several other projects in the past.
The attached resolution gives us the option to reimburse ourselves from future bond proceeds
for certain costs associated with the above mentioned project.
ACTION REQUIRED BY COUNCIL:
Approve Resolution declaring intention to reimburse certain expenditures with borrowing
proceeds.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
7-zz-Qq
DATE
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RESOLUTION NO. 99- '2.5
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH
BORROWING PROCEEDS
WHEREAS, the City of La Porte, Texas (the "Issuerll) desires to pay expenditures in connection with
the design, planning, acquisition, construction, equipping, and/or renovating the project or facility
described as the Community Library (known as the Project).
WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended (IIArticle 717k-6") permits the
Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project
paid or incurred before the date of issuance of such obligations; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the
payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's
programs and, as such, chooses to declare its intention, in accordance with the provisions of Section
1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues
obligations to finance the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CIn' COUNCIL OF THE CIn' OF LA PORTE, TEXAS
THAT:
Section 1. This Resolution declared the intention of the Issuer to reimburse the expenditures for
the Project with the proceeds of obligation. The Issuer presently intends to reimburse the
expenditures by incurring obligations issued under Texas law the interest on which is excludable
from gross income under section 103 of the Internal Revenue Code of 1986, as amended.
Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an
aggregate maximum principal amount now estimated to be equal to $2,750,000 for the purpose of
paying the costs of the Project.
Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months
after the date the original expenditure is paid or the date the Project is placed in service or
abandoned, but in no event more than three years after the original expenditure is paid unless the
Project is a construction project for which the Issuer and a licensed architect or engineer have
certified that at least five years are necessary to complete the Project in which event the maximum
reimbursement period is five years after the date of the original expenditure.
Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth
in Section 1.150-2 of the Treasury Regulations and evidences its intentions under Article 7171k-6.
Section 5. This Resolution shall be liberally construed to evidence the intent of the Issuer to comply
with state law and federal income tax law in the issuance of tax-exempt obligations for the Project.
PASSED AND APPROVED this the 26th day of July, 1999
CIn' OF LA PORTE, TEXAS
CkJ- ~ k
Normal"!~L.-t1alone, Mayor ~ -4
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AI?P~ED:;; ,/./-';7 __~/:
L./ ~4,'?f/lI/ ~~
Knox. W. Askins, City Attorney
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gg of La Porte
Interoffice Memorandum
From:
Jeff Litchfield, Director of Finance/ACM
To:
Date:
July 27, 1999
Subject:
Budget for CIP Funds
Attached is a spread sheet that lists all of the Capital Improvement Projects that I could think of.
Also attached are Fund Summary Sheets for the major capital funds 003, 005, 015, 018, 030,
and 040. The fund summary sheets contain two blanks. First is for estimated expenditures and
commitments for 98-99. This number will come from the completed worksheet and is the total of
the "98-99 Expenditures as of 6/30/99" and the "Budget Amount Needed to Complete" columns.
The second blank is the area for project costs for the 99-00 year. I have filled in the info for the
projects that fall under Finance.
I have sent Crystal a copy of the spread sheet.
Xc: Cynthia Alexander, Assistant Finance Director
Kathy Hutton, Account Manager
Worksheet to determine Budget Commitments and Carryovers from the 98-99 Budget year to the 99-00 Budget
Budget Amt
Needed
to Complete
Budget
Remaining
Total
Spent
98-99 Exp.
as of 6130/99
Expenditure
Carryforward
Total
Budget
Budgeted
in 98-99
Budgel
Carryforward
Notes:
Projects
Fund 015 - General Capital Improvement Fund
-
-
0 Comp
498,200
75,321 B
Comp
A
o
30,800
150,000
000
27,836
793, 157
11
(3,347)
498,200
75,321
33,535
75,390
28,337
83,578
(24,192)
50,000
53,500
375,933
74,424
17,436
720,000
34,513
204,377
171,000
270,000
o
45,000
29,500
33,000
54,482
30,800
150,000
85,000
20,000
84,113
65,000
15,000
350,000
27,836
86,350
3,814,086
195,356
1,800
11,341
6,465
76,979
321,663
362,172
24,192
o
1,500
158,567
26,376
22,564
o
25,487
30,623
o
o
100,000
o
o
o
145,518
4,200
o
o
o
917
o
o
o
7,164
13,650
757,534
221
1
184,797
1,800
11,341
6,465
76,979
113,282
278,979
24,192
o
o
114,414
26,376
22,564
o
24,045
30,623
o
o
100,000
o
o
o
145,518
4,200
o
o
o
917
o
o
o
6,497
13,650
407,639
221
10,559
o
o
o
o
208,381
83,193
o
o
1,500
44,153
o
o
o
1,442
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
667
o
349,895
192,009
500,000
86,662
40,000
152,369
350,000
445,750
o
50,000
55,000
534,500
100,800
40,000
720,000
60,000
235,000
171,000
270,000
100,000
45,000
29,500
33,000
200,000
35,000
150,000
85,000
20,000
306,030
65,000
15,000
350,000
35,000
100,000
5,571,620
o
100,000
o
40,000
50,000
o
199,500
o
o
o
o
o
o
360,000
o
235,000
171,000
270,000
100,000
45,000
29,500
33,000
200,000
35,000
150,000
85,000
20,000
306,030
65,000
15,000
350,000
o
100,000
2,959,030
192,009
400,000
86,662
o
102,369
350,000
246,250
o
50,000
55,000
534,500
100,800
40,000
360,000
60,000
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
35,000
o
2,612,590
501 - FTF/EMS Improvements
504 - Fire/Police Training Room/EOC
543 - Computer
675 - FY 98-99 Joint Ventures
"709 - Sidewalk Repairs
716 - F101 Drainage
722 - Sea breeze IMPS
730 - Wave Pool Repair
737 - Fairmont Pkwy Intersection Imps
747 - Soccer Concession Building
751 - Fleet Fueling Facility
752 - Northside Improvements
753 - Parks Maint Yard Facility
758 - City Hall Renovation
759 - Comprehensive Plan Update
766 - Canada/East Blvd Intersection
767 - 14th and H Street
768 - Caniff Road Paving
769 - Sunrise Joint Venture
770 - Exhaust Fans and RFC
771 - Replaster Northwest Pool
772 - Pave Parking Lot at Rodeo Arena
773 - Relocate Girls Softball
774 - AlE Services for PD
775 - Offsite Storage Building
776 - Land Acquisition
777 - Repair Elevator at Municipal Court
778 - Replace Police/Courts Software
779 - Replace Scott Air Packs
780 - Electric Driven Air Compressor
781 - Install Fiber Optics
795 - Relocate Northside Park
Contingency for FY 98-99
Total
Page 2
Budget Amt
Needed
to Complete Notes:
the 98-99 Budget year to the 99-aO Budget
Budget
Remaining
Total
Spent
98-99 Exp.
as of 61301'99
Expenditure
Carryforward
Worksheet to determine Budget Commitments and Carryovers from
Total
Budget
Budgeted
in 98-99
Budgel
CarryfolWard
Projects
34,513
93,600
342,200
140,185
2,797
71,994
685,289
25,487
6,400
34,800
9,815
22,203
3,006
10f'711
24,045
6,400
34,800
9,815
22,203
3,006
100,269
442
o
o
o
o
o
,442
1
60,000
100,000
377,000
150,000
25,000
75,000
787,000
o
100,000
377,000
150,000
25,000
75,000
727,000
60,000
o
o
o
o
o
60,000
Fund 003 - Utility Capital Improvement Fund
Equip
759 - Comprehensive Plan
782 - 25th Street Water Wel
783 - Antrim Waterline Replacement
725 - Developer Oversizing
'786 - Replace Treatment Plant
Contingency
Total
-
o
1
22,492
450,000
472,492
12,508
o
12,508
12,508
o
12,508
o
o
o
35,000
450,000
485,000
o
o
o
35,000
450,000
485,000
Other Infrastructure Fund
787 - Community Library - AlE Services
788 - Fairmont Expansion to 6 lanes
Total
Fund 005
o
69,700
20,897
30,413
74,961
195,971
o
14,103
50,887
89,039
154,029
o
14,103
50,887
89,039
154.029
o
o
o
o
o
69,700
35,000
81,300
164,000
350,000
69,700
35,000
81,300
164,000
350,000
o
o
o
o
o
Fund 018 - Sewer Rehabilitation Fund
9881 Inflow/Infiltration
669 9892 City Wide Repairs
669 9883 Trenchless Repairs
669 9884 Farrington Repair
Total
o
e
150,000
20,000
170,000
o
o
o
o
o
o
o
o
o
150,000
20,000
170,000
o
o
o
150,000
20,000
170,000
Hotel/Motel Fund
Sylvan Beach Renovation
Old City Hall Renovation
Fund 026
790
791 -
Total
o
C
262,220
460,100
9,900
o
9,900
470,000
102,000
368,000
Fund 028 - Golf Course Fund
727 - Golf Course Improvements
Page 3
BUdget Amt
Needed
to Complete Notes:
the 98-99 Budget year to the 99-00 Budget
Budget
Remaining
Total
Spent
98-99 Exp.
as of 6130/99
Expenditure
CarryfolWard
Worksheet to determine Budget Commitments and Carryovers from
Tolal
Budget
Budgeted
in 98-99
Budget
Carryforward
Projects
136,000
136,000
136,000
349,720
2,000,000
2,485,720
o
14,280
o
14,280
14,280
o
14,280
o
o
o
136,000
364,000
2,000,000
2,500,000
o
o
o
o
136,000
364,000
2,000,000
2,500,000
Fund 040 - 1998 GO Bonds
722 - Seabreeze Park
792 - Parkland in West La Porte
793 - Drainage Improvements
Total
Fund 030 - 1998 Revenue Bonds
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1
1,250,000
9,533,658
o
2,049,962
o
1,688,725
o
361,237
1,250,000
583,620
11
o
4,138,030
1,250,000
7,445,590
Southeast Sanitary Sewer
Total of all projects
794
377
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Notes:
The playground equipment for this project should be installed by mid August. There will still be a delay in obtaining all of the land because of delinquent taxes.
The Computer Project is just about completed. The remaining funds will provide get us through the Work Order/Facility Maintenance Training.
The amount shown as being needed to complete includes the Green Renovation project and $200,000 for a pavilion.
A
B
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City of La Porte
Utility Capital Improvement Fund (003) Summary
Working Capital 9/30/98
856,764
Plus Estimated 98-99 Revenues
583,425
Less Estimated 98-99 Expenditures
Equals Estimated Working Capital 9/30/99
1,440,189
Plus 99-00 Revenues:
Transfer from Utility Fund
Water Front Foot Fees
Sewer Front Fees
Interest Income
400,000
50,000
50,000
60,000
Total Revenues
560,000
Equals Total Resources
2,000,189
Less 99-00 Expenses:
Project Costs
Contingency
Total Expenses
Equals Estimated Working Capital 9/30/00
2,000,189
The Utility Capital Improvement Fund is used to fund projects that benefit the City Water and
Wastewater system. Projects expected to be accomplished during the fiscal year are listed
on the following pages.
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City of La Porte
Transportation & Other Infrastructure Fund (005) Summary
Working Capital 9/30/98
Plus Estimated 98-99 Revenues
Less Estimated 98-99 Expenditures
Equals Estimated Working Capital 9/30/99
Plus 99-00 Revenues:
Interest Income
96,000
Total Revenues
Equals Total Resources
Less Expenses
Equals Estimated 9/30/00 Working Capital Ba!ance
1,677,862
91,349
1,769,211
96,000
1,865,211
1,865,211
The Transportation & Other Infrastructure Fund is used to prepare for future improvements
involving mobility within the City. The scope of the fund is not limited to transportation issues only,
but includes other major City wide infrastructure ventures. It is anticipated the fund will be used
in conjuction with the Section 4B Sales Tax for projects such as the City Library and Bay Area
Expansion.
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City of La Porte
General Capital Improvement Fund (015) Summary
Working Capital 9/30/98
3,441,293
Plus Estimated 98-99 Revenues
1,978,824
Less Estimated 98-99 Expenditures
Equals Estimated Working Capital 9/30/99
5,420,117
Plus 99-00 Revenues:
Transfer from General Fund
Industrial Payments
Street & Alley Closings
Interest Income
700,000
762,000
30,000
193,015
Total Revenues
1,685,015
Equals Total Resources
7,105,132
Less 99-00 Expenditures:
Project Costs
Contingency
Total Expenditures
Equals Estimated Working Capital 9/30/00
7,105,132
The General Capital Improvement Fund is used to fund projects that benefit the City's overall
op~ration. Projects expected to be accomplished during the fiscal year are listed on the following
pages.
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City of La Porte
Sewer Rehabilitation Fund (018) Summary
Working Capital 9/30/98
241,772
Plus Estimated 98-99 Revenues
314,909
Less Estimated 98-99 Expenditures
Equals Estimated Working Capital 9/30/99
556,681
Plus 99-00 Revenues:
300,000
15,655
Transfer from Utility Fund
Interest Income
315,655
Total Revenues
Equals Total Resources
872,336
Less 99-00 Expenses:
Project Costs
Contingency
Total Expenses
Equals Estimated Working Capital 9/30100
872,336
The Sewer Rehabilitation Capital Improvement Fund is used to fund projects that specifically
relate to the Sewage Collection system. Past projects include emphasis on inflow and infiltration
into the collection system.
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City of La Porte
1998 WW/SS Revenue Bond Fund (030) Summary
Working Capital 9/30/98
Plus Estimated 98-99 Revenues
less Estimated 98-99 Expenditures
Equals Estimated Working Capital 9/30/99
Plus 99-00 Revenues:
Interest Income
70,444
Total Revenues
Equals Total Resources
less Expenses
Equals Estimated 9/30/00 Working Capital Balance
1,231,016
67,090
1,298,106
70,444
1,368,550
1,368,550
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City of La Porte
1998 General Obligation Bond Fund (040) Summary
Working Capital 9/30/98
Plus Estimated 98-99 Revenues
Less Estimated 98-99 Expenditures
Equals Estimated Working Capital 9/30/99
Plus 99-00 Revenues:
Interest Income
141,707
Total Revenues
Equals Total Resources
Less Expenses
Equals Estimated 9/30/00 Working Capital Balance
2,481,618
134,959
2,616,577
141,707
2,758,284
2,758,284
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 26,1999
Requested by: Robert T. Herrera/Carol Buttle
Department: Administration
Report
Resolution
xxx Ordinance
Exhibits:
1. Ordinance No. 99-
2. Agreement with HalUBarnum Architects, Inc. - Construction Costs
SUMMARY & RECOMMENDATIONS
At the February 8, 1999, City Council meeting, Council approved $15,000.00 to fund the preparation ofa Master Plan for
La Porte's new community library, as part of an agreement with Hall/Barnum Architects, Inc.
At that time, City staff indicated the intent to return to Council (once the Master Planning phase was completed) for
approval of funding for the architect's fee and estimated construction costs. The agreement document, itself, would not
change. The architect's presentation to Council at the June 14, 1999, Workshop meeting completed the Master Planning
phase.
For a 22,500 square foot building, the architect has estimated a project budget of approximately $2,715,600.00, of which,
$2,092,500.00 is for construction (based on $93.00 per square foot) plus a 2.5% contingency of $52,500.00, which totals
$2,145,000.00. An estimated $27,000.00 is allotted for designated professional services and reimbursable fees.
At this time, City staff asks Council to authorize $171,600.00 to Hall/Barnum Architects, Inc. for Architectural Services
for the design through construction phases. HallIBarnum's fee of $171,600.00 is based on 8% of the estimated
construction costs. A percentage of this fee total will be disbursed to the architectural firm based on completion of each
phase as outlined in the agreement.
Payment for this contract will come from the City's, Infrastructure Fund, fund balance to be reimbursed from proceeds
once the 4B Sales Tax notes are committed by the 4B Tax Development Corporation.
Estimated completion date of the library is December 2000.
Action Required by Council:
Approve Ordinance No. authorizing City Manager to expend funds for Architectural Services to
Hall/Barnurn Architects, Inc. for design and construction of the new community library.
Availability of Funds
General Fund. WaterfWastewater
Capital Improvement General Revenue Sharing
XXX Other - Infrastructure Fund
Account Number:
# 005-9892-787 Funds Available:
x
YES
NO
Aooroved for City Council A2enda
(RT~
Robert T. Herrera
City Manager
Date
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CITY OF LA PORTE
July 26, 1999
TO:
FROM:
Mayor and City Council
Carol Buttler, Administrative AsSist~
Agenda Item Number 7
SUBJECT:
I have provided you with revised Ordinance No. 99-2346 for approval of funds for
Hall/Bamum Architects (Agenda Item Number 7). I overlooked adding the $27,000.00
designated and reimbursable fees to the $171,600.00 (architect's fee) for a total requested
amount of $198,600.00.
Please accept my apology for the oversight.
Attachment
c Robert T. Herrera
John Joems
Jeff Litchfield
Martha Gillett
Knox Askins
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ORDINANCE NOe 99- ~.J'I-~
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND BALL/BARNUM ARCHITECTS, INee, TO PROVIDE
PROFESSIONAL ARCHITECTURAL SERVICES FOR THE DESJ:GN AND CONSTRUCTION
OF THE NEW COHHUNITY LIBRARY; PROVIDING FOR AN APPROPRJ:ATION OF
$19S,600eOO, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLJ:ANCE WJ:TH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOFe
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section le The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
City Council appropriates the sum not to exceed
$198,600.00 for design and construction from Fund No. 005, to fund
said contract, to be reimbursed hereafter from the proceeds of
Section 4B one-half cent Sales Tax Revenues.
Section 2e The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
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q,\ .. .l.3't~
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 30 This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of July, 1999.
By:
CITY OF LA PORTE
~,;fL~t ~
Mayor
ATTEST:
1&atd\Cv~. ;4/J-Y;Q
ar ha A. G1llett,
city Secretary
/-1
APPR0"\fW: ,/ /
Xa)d~
Knox W. Askins,
City Attorney
2
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AGREEMENT
BETWEEN OWNER AND ARCHITECT
FOR
PROFESSIONAL SERVICES
COMMUNITY LIBRARY
CLP Project No. - 99-2201
July 1999
e.
TABLE OF CONTENTS
TABLE OF CONTENTS
IDENTIFICATION OF THE PARTIES/PROJECT DESCRIPTION
SECTION
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1 BASIC SERVICES OF ARCHITECT
General
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Bidding or Negotiation Phase
Construction Phase
Operational Phase
SECTION 2 ADDITIONAL SERVICES OF ARCHITECT
2.1 Services Requiring Authorization
in Advance
2.2 Required Additional Services
SECTION 3 OWNER'S RESPONSIBILITIES
SECTION 4 PERIODS OF SERVICE
SECTION 5 PAYMENT TO ARCHITECT
SECTION 6 CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost
6.2 Opinions of Cost
SECTION
7.1
7.2
7.3
7.4
7.5
7.6
7 GENERAL CONSIDERATIONS
Termination
Reuse of Documents
Insurance
Controlling Law
Successors and Assigns
Arbitration
SECTION 8 SPECIAL PROVISIONS, EXHIBITS
AND SCHEDULES
Exhibit A FURTHER DESCRIPTION OF ARCHITECT BASIC
SERVICES AND RELATED MATTERS
Exhibit B DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF
THE RES IDENT PROJECT REPRESENTATIVE.
Exhibit C PROJECT COMMUNICATION
Exhibit D INSURANCE
Table of Contents-1
.
Page(s)
1
1
1-1 through 1-9
2-1 through 2-3
3-1 through 3-3
4-1 through 4-3
5-1 through 5-3
6-1 through 6-2
7-1 through 7-3
8-1
A-1 through A-3
B-1 through B-6
C-1
D-1
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AGREEMENT
BE'IWEEN
OWNER AND ARCHITECT
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of July 26, 1999 between the City of
La Porte, Texas (OWNER) and Hall/Barnum Architects (ARCHITECT).
OWNER intends to design and construct an approximate 22,500 sq ft
Community Library facility in close conformance with the Master
Plan previously prepared by the ARCHITECT and accepted by the
OWNER (hereinafter called the PROJECT) .
The OWNER and ARCHITECT agree as set forth below:
Agreement-1
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SECTION 1 - BASIC SERVICES OF ARCHITECT
1.1 General
1.1.lARCHITECT shall provide for OWNER professional architectural
services in all phases of the proj ect to which this Agreement
applies as hereinafter provided. These services will include
serving as OWNER's professional representative for the Project,
providing professional consultation and advice and furnishing
customary structural, mechanical, and electrical engineering
services incidental thereto.
1.1.2The ARCHITECT's services shall be performed as expeditiously
as is consistent with professional skill and care and the orderly
progress of the work. The ARCHITECT shall submit for the OWNER's
approval a schedule for the performance of the ARCHITECT's
services, which shall include allowances for periods of time
required for the OWNER's review and for approval of submissions by
authorities having jurisdiction over the Project. Time limits
established by this schedule approved by the OWNER shall not,
except for reasonable cause, be exceeded by the ARCHITECT.
1.1.3The ARCHITECT's services consist of those services performed
by the ARCHITECT, ARCHITECT's employees and ARCHITECT's consultants
employed as hereinafter provided.
1.2 Schematic Design Phase
After written authorization to proceed with the
Schematic Design Phase, the ARCHITECT shall:
1.2.1Consult with the OWNER to clarify and redefine OWNER'S
requirements for the proj ect and review available data and shall
arrive at a mutual understanding of any amended requirements with
the OWNER.
1.2.2 The ARCHITECT shall provide a preliminary evaluation of the
OWNER'S program, schedule and construction budget requirements,
each in terms of the other, subject to the limitations set forth.
1.2.3The ARCHITECT shall review with the OWNER alternative
approaches to design and construction of the Project and provide a
general economic analysis of various alternatives in writing.
1.2.4Based on the mutually agreed-upon program, schedule and
construction budget requirements, the ARCHITECT shall prepare, for
the OWNER, revised Schematic Design Drawings and other related
documents. The Schematic Design Documents will include the
ARCHITECT'S opinion of probable costs for the project, including
the following, which will be separately itemized:
Construction Cost(s):
materials and equipment costs,
1-1
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materials testing and equipment
costs,
allowances for laboratory testing,
appropriate contingencies,
and special instructions,
Allowance for Architectural/Engineering Cost(s):
estimated expenses for daily project
representation during construction,
appropriate contingencies,
and (if furnished by OWNER) allowances for such other items as
charges of 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".
The duties and responsibilities of ARCHITECT during the Schematic
Design Phase are amended and supplemented as indicated in paragraph
2 of Exhibit A "Further Descriptions of Basic Services and Related
Matters" .
1.3 Design Development Phase
After written authorization to proceed with the Design
Development Phase, ARCHITECT shall:
1.3.1In consultation with OWNER and based on the approved Schematic
Design documents and any adjustments authorized (in writing) by the
OWNER in the program schedule or construction budget, the ARCHITECT
shall determine the general scope, extent and character of the
Project.
1.3.2The ARCHITECT shall prepare Design Development documents
consisting of final design criteria, preliminary drawings, outline
specifications and written descriptions of the Project.
1.3.3Advise OWNER if additional data or services of
described in paragraph 3.4 are necessary and assist
obtaining such data and services.
1.3.4Based on the information contained in the Design Development
documents, submit a revised opinion of probable Total Project Costs
(as defined in paragraph 1.2.4).
the type
OWNER in
1.3.5Furnish five copies of the above Design Development documents
and present and review them in person with OWNER.
The duties and responsibilities of ARCHITECT during the
Design Development Phase are amended and supplemented as indicated
in paragraph 3 of Exhibit A "Further Description of Basic Services
1-2
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and Related Matters".
1.4 Construction Documents Phase
After written authorization to proceed with the Final
Construction Documents Phase, ARCHITECT shall:
1.4.1Based on the approved Design Development Documents and any
further adjustments in the scope or quality of the PROJECT, in the
construction budget or in the total PROJECT budget authorized in
writing by the OWNER, the ARCHITECT shall prepare, for approval by
the OWNER, Construction Documents consisting of Drawings
(hereinafter called Drawings) and Specifications setting forth in
detail the requirements for the construction of the PROJECT by
Contractor(s). The specifications shall be prepared in conformance
with the sixteen-division format of the Construction Specifications
Institute.
1.4.2See that the Construction Documents include applicable
requirements/approvals of governmental authorities having
jurisdiction to approve the design of the project. Provide
technical criteria, written descriptions and design data for
OWNER's use in filing applications for permits with or obtaining
approvals of such governmental authorities as have jurisdiction to
approve the design of the Project, and assist OWNER in completing
permit application and in consultation with appropriate
authorities.
1.4 .3 Advise OWNER of any adj ustments to the latest op1n1on of
probable Total Project Costs (as defined in paragraph 1.2.4) caused
by changes in general scope, extent or character or design
requirements of the Project or Construction Costs. Furnish to
OWNER a revised opinion of probable Total proj ect Costs based on
the Drawings and Specifications.
1.4.4 Prepare for review and approval by OWNER, its legal counsel
and other advisors contract agreement forms, general conditions and
supplementary conditions, and bid forms, invitations to bid and
instructions to bidders and other related documents.
The ARCHITECT will initially submit to OWNER the
Contractor Agreement (in the form of AIA document A101) and the
General Conditions of the Contract (in the form of AIA document
A201) for OWNER'S review, comment, modification, and approval.
1. 4.5 Furnish five copies of the above documents (following
approval) and of the Drawings and Specifications and present and
review them in person with OWNER.
The duties and responsibilities of ARCHITECT during the
Construction Documents Phase are supplemented as indicated in
paragraph 4 of Exhibit A "Further Description of Basic Services and
Related Matters".
1-3
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1.5 Bidding or Negotiation Phase
After written authorization to proceed with the Bidding
or negotiation Phase, ARCHITECT shall:
1.5 .1 Following the OWNER's approval of the Construction Documents
and of the latest preliminary estimate of Construction Cost the
ARCHITECT shall assist OWNER in advertising for and obtaining bids
or negotiating proposals for the 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.
1.5.2Issue 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 contractor (herein called "Contractor") for
those portions of the work as to which such acceptability is
required by the Bidding Documents.
1.5.4Consult with OWNER concerning and determine the acceptability
of substitute materials and equipment proposed by Contractor 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 proposals and in assembling and
awarding the contract(s) for construction, materials, equipment and
services.
The duties and responsibilities of ARCHITECT during the
Bidding or Negotiation Phase are amended and supplemented as
indicated in paragraph 5 of Exhibit A "Further Description of Basic
Services and Related Matters".
1.6 Construction Phase
After written authorization to proceed with the
Construction Phase; ARCHITECT shall:
1.6.1General Administration of Construction Contract
ARCHITECT shall consult with and advise OWNER and act as
OWNER's representative as provided in the Standard General
Conditions of the Construction Contract (as approved by OWNER per
paragraph 1.4.4) .
The extent and limitations of the duties, responsibilities and
authority of ARCHITECT as assigned in said Standard General
1-4
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Conditions shall not be modified, except to the extent provided in
paragraph 6 of Exhibit A "Further Description of Basic Services and
Related Matters" and except as the ARCHITECT may otherwise agree in
wri ting . All of OWNER's instructions to Contractor (s) will be
issued through ARCHITECT who will have authority to act on behalf
of OWNER to the extent provided in said Standard General Conditions
except as otherwise provided in writing.
1.6.2Visits to Site and Observation of Construction.
In connection with observation of
Contractor(s) while it is in progress:
1.6.2.1 ARCHITECT shall make visits to the site at intervals
appropriate to the various stages of construction as ARCHITECT
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, the ARCHITECT and/or OWNER
may provide the services of a Resident Project Representative (and
assistants as agreed) at the site to assist ARCHITECT and to
provide more continuous observation of such work. Based on
information obtained during such visits and on such observations,
ARCHITECT shall endeavor to determine in general if such work is
proceeding in accordance with the Contract Documents and ARCHITECT
shall keep OWNER informed of the progress of the work.
the work of
1.6.2.2 The Resident Project Representative (and assistants) may
be ARCHITECT's agent or employee and under ARCHITECT's supervision
or may be the OWNER's agent or employee and under OWNERS
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". Any exceptions or modifications to these
responsibilities and limitations will be mutually agreed upon by
both parties in writing.
1.6.2.3 The purpose of ARCHITECT's visits to and representation
by the Resident Project Representative (and assistant, if any) at
the site will be to enable ARCHITECT to better carry out the duties
and responsibilities assigned to and undertaken by ARCHITECT during
the Construction Phase, and, in addition, by exercise of
ARCHITECT's efforts as an experienced and qualified design
professional, to provide for OWNER a greater degree of confidence
that the completed work of Contractor(s) will conform generally to
the Contract Documents and that the integrity of the design concept
as reflected in the Contract Documents has been implemented and
preserved by Contractor(s). On the other hand, ARCHITECT shall
not, during such visits or as a result of such observations of
Contractor(s), work in progress, supervise, direct or have control
over Contractor(s)' work nor shall ARCHITECT 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 of Contractor(s), for
1-5
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safety precautions and programs incident to the work of
Contractor(s) or for any failure of Contractor(s) to comply with
laws, rules, regulations, ordinances, codes or orders applicable to
Contractor(s) furnishing and performing their work.
1.6.4Interpretations and Clarifications
ARCHITECT shall issue necessary interpretations and
clarifications of the Contract Documents and in connection
therewith prepare work directive changes; and after consultation
with owner, prepare change orders as required for owners review and
approval.
1.6.5Shop Drawings
ARCHITECT shall review and approve (or take other
appropriate action in respect of) Shop Drawings (as that term is
defined in the General Conditions), product data, sample (s) 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 Contract 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.
1.6.6Substitutes
ARCHITECT shall evaluate and determine the acceptability
of substitute materials and equipment proposed by Contractor(s),
but subject to the provision of paragraph 2.2.2. (Required
Additional Services) All substitutes shall be approved by OWNER.
1.6.7Inspections and Tests
ARCHITECT shall advise OWNER and OWNER shall approve of
any special inspection or testing of the work, and ARCHITECT shall
receive and review all certificates of inspections, testings and
approvals required by laws, rules, regulations, ordinances, codes,
orders or the Contract Documents (but only to determine generally
that their content complies with the requirements of, and the
results certified indicate compliance with the Contract Documents.)
1.6.8Disputes between OWNER and Contractor
ARCHITECT shall act as initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the work thereunder and make decisions on all
claims of OWNER and Contractor(s) relating to the acceptability of
the work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the work.
ARCHITECT shall not be liable for the results of any such
interpretations or decisions rendered in good faith.
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1.6.9Applications for Payment
Based on ARCHITECT's on-site observations as an
experienced and qualified design professional, on information
provided by the Resident proj ect Representative and on review of
applications for payment and the accompanying data and schedules:
1 . 6 . 9 .1 ARCHITECT 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
representation to OWNER, based on such observations and review,
that the work has progressed to the point indicated, and that, to
the best of ARCHITECT's knowledge, information and belief, the
quality of such work is generally in accordance with the Contract
Documents (subject to an evaluation of such work as a functioning
whole prior to or upon Substantial 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, ARCHITECT's recommendations of payment
will include final determinations 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 ARCHITECT will not thereby
be deemed to have represented that exhaustive, continuous or
detailed reviews or examinations have been made by ARCHITECT to
check the quality or quantity of Contractor(s)' work as it is
furnished and performed beyond the responsibilities specifically
assigned to ARCHITECT in this Agreement and the Contract Documents.
ARCHITECT's review of Contractor (s)' work for the purposes of
recommending payments will not impose on ARCHITECT responsibility
to supervise, direct or control such work or for the means, method
techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto or Contractor(s)
compliance with laws, rules, regulations, ordinances, codes or
orders applicable to their furnishing and performing the work. It
will also not impose responsibility on ARCHITECT to make any
examination to ascertain how or for what purposed any contractor
has used the moneys paid on account of the Contract 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 CONTRACTOR that might affect the amount
that should be paid.
1.6.10
Contractor(s)' Completion Documents
ARCHITECT shall receive and review maintenance and
operating instructions, schedules, guarantees, bonds and
certificates of inspection, tests and approvals which are to be
assembled by Contractor(s) in accordance with the Contract
Documents (but such review will only be to determine that their
content complies with the requirements of, and in the case of
1-7
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certificates of inspection,
certified indicate compliance
shall bind, index and transmit
corranents.
test and approvals the results
with, the Contract Documents); and
them to OWNER together with written
1. 6 . 11
Inspections
ARCHITECT shall conduct an inspection to detennine if
the work is substantially complete and a final inspection to
determine if the completed work is acceptable so that ARCHITECT may
recommend, in writing, final payment to Contractor(s) and may give
written notice to OWNER and the Contractor (s) that the work is
acceptable (subject to any conditions therein expressed), but any
such recorranendation and notice will be subject to the limitations
expressed in paragraph 1.6.9.2.
1.6.12
Limitation of Responsibilities
ARCHITECT shall not be responsible for the acts or
omissions of any Contractor, 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 ARCHITECT's own employees
and agents) at the site or otherwise furnishing or performing any
of the Contractor(s)' work; however, nothing contained in
paragraphs 1.6.1 through 1.6.11 inclusive, shall be construed to
release ARCHITECT from liability for failure to properly perform
duties and responsibilities assumed by ARCHITEcr in the Contract
Documents.
The duties and responsibilities of the ARCHITECT during
the Construction Phase are amended and supplemented as indicated in
Paragraph 6, Exhibit A "Further Description of Basic Services and
Related Matters".
1.7 Operational Phase
During the Operational Phase, ARCHITECT shall:
1.7.1Furnish the deliverable items referred to in
Section 1.6.10 and in the Operational Phase and present and review
them in person with OWNER.
1.7.2Define in Contract Documents the Contractor(s) (and or
Vendor(s)) responsibility in connection with the start up,
refining, and adjustment of any equipment or system.
1.7.3Define in Contract Documents the Contractor(s) (and or
Vendor(s)) responsibility for training owners staff to operate and
maintain any equipment or system and for reviewing pertinent
manuals, submittals, shop drawings, and warranties supplied by the
Contractor(s), Vendor(s), or Manufacturer(s) as the case may be.
1.7.4Coordinate, attend and participate in the start up and
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training orientations as described in paragraphs 1.7.2 and 1.7.3.
1.7.5Record Drawings.
ARCHITECT shall furnish the OWNER a set of marked up
prints, drawings and other data kept by the Contractor(s), and
Project Representative (if employed by the ARCHITECT) in a form and
manner that clearly depicts significant changes made during the
construction process.
1.7.6At a time eleven (11) months following Substantial Completion
of the project (one month prior to expiration of the Contractor's
warranty period), the ARCHITECT, in the company of the OWNER, will
visit the project to observe any apparent deficiencies in the
completed construction, and document any items observed in a
written report issued to the CONTRACTOR and OWNER.
1.7.7During the Operational Phase, the ARCHITECT will assist the
OWNER in consultations and discussions with CONTRACTOR concerning
the correction of deficiencies brought to the ARCHITECT's
attention, and when appropriate, review or make written
recommendations regarding replacement or correction of the Work as
proposed by the Contractor.
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SECTION 2 - ADDITIONAL SERVICES OF ARCHITECT
2.1 Services Requiring Authorization in Advance
If authorized in writing by OWNER, ARCHITECT shall
furnish or obtain from others Additional Services of the types
listed in paragraphs 2.1.1 through 2.1.15, inclusive. These
services are not included as part of Basic Services except to the
extent provided otherwise in Exhibit A "Further Description of
Basic Services and Related Matters"; these will be paid for by
OWNER as indicated in Section 5.
2.1.1Preparation of applications and supporting documents (in
addition to those furnished under Basic Services) for private or
governmental grants, loans or advances in connection with the
proj ect; preparation or review of environmental assessments and
impact statements; review and evaluation of the effect on the
design requirements of the proj ect of any such statements and
documents prepared by others; and assistance in obtaining approvals
of authorities having jurisdiction over the anticipated
environmental impact of the Project.
2.1.2Services 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 construction or method of financing; and revising
previously 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 ARCHITECT's control.
2.1.4Providing renderings or models for OWNER's use.
2.1.5Preparing documents for alternate bids requested by OWNER for
Contractor(s)' work which is not executed or documents for out-of-
sequence work.
2.1.6 Investigations and studies involving, but not limited to,
detailed consideration of operations, maintenance and overhead
expenses; providing value engineering 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; evaluation processes available for
licensing and assisting OWNER in obtaining process licensing;
detailed quantity surveys of material, equipment and labor; and
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audits or inventories required in connection with construction
performed by OWNER.
2.1.7Furnishing services of independent professional associates and
consultants for other than Basic Services (which include, but are
not limited to, customary structural, mechanical and electrical
engineering and customary architectural design incidental thereto);
and providing data or services of the types described in paragraph
3 .4 when OWNER employs ARCHITECT to provide such data or services
in lieu of furnishing the same in accordance with paragraph 3.4.
2.1.8If ARCHITECT'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
contracts for construction, materials, equipment or services for
the Project shall be compensated in accordance with paragraph
5.1.2.
2.1.9Services during out-of-town travel required of ARCHITECT 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
professional services needed for the transfer of interests in real
property and field surveys for design purposed and any necessary
surveys and staking to enable Contractor(s) to proceed with their
work; and providing other special field surveys.
2.1.12 Preparation of operating, maintenance and staffing
manuals to supplement Basic Services under paragraph 1.7.3.
2 .1.13 Preparation of a set of reproducible record prints of
drawings showing those significant changes made during the
construction process, based on the marked up prints, drawings and
other data furnished by Contractor(s) and Resident Project
Representative to ARCHITECT. Prior to preparation of record
drawings the ARCHITECT and OWNER will mutually agree on which
changes are considered significant.
2.1.14 Preparing to serve or serving as a consultant or witness
for OWNER in any litigation, arbitration or other legal or
administrative proceeding invol ving the proj ect (except for
assistance in consultations which is included as part of Basic
Services under paragraphs 1.2.3 and 1.4.2).
2.1.15
Additional services required in connection with the
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proj ect, including services required which were not furnished by
OWNER in accordance with Section 3, and services not otherwise
provided for in this Agreement.
2.2 Required Additional Services
When required by the Contract Documents in circumstances
beyond ARCHITECT's control, ARCHITECT shall furnish or obtain from
others, as circumstances require during construction Additional
Services of the types listed in paragraphs 2.2.1 through 2.2.6,
inclusive (except to the extent otherwise provided in Exhibit A
"Further Description of Basic Services and Related Matters").
These services are not included as part of Basic Services.
ARCHITECT shall advise OWNER promptly of need for required
additional services. If the OWNER is in agreement, OWNER shall
provide authorization to ARCHITECT for such Additional Services,
which will be paid for by OWNER as indicated in Section 5.
2.2.1Services 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 addition services rendered.
2.2.2 Services in making revisions to Drawings and Specifications
occasioned by the OWNER's acceptance of substitutions proposed by
Contractor (s); and services after the award of each contract in
evaluation and determining the acceptability of an unreasonable or
excessive number of substitutions proposed by Contractor.
2.2.3Services resulting from significant delays, changes or price
increases occurring as a direct or indirect resul t of material,
equipment or energy shortages.
2.2.4Additional or extended services during construction made
necessary by (1) work damaged by fire or other cause during
construction, (2) a significant amount of defective or neglected
work of any Contractor, (3) acceleration of the progress schedule
involving services beyond normal working hours, and (4) default by
any Contractor.
2.2.5Services (other than Basic Services during the Operation
Phase) in connection with any partial utilization of any part of
the Project by OWNER prior to Substantial Completion.
2.2.6Evaluating an unreasonable or extensive number of claims
submitted by Contractor(s) or others in connection with the work.
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SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely a manner so as
not to delay the services of ARCHITECT:
3.1 Designate in writing a person to act as OWNER's
representative with respect to the services to be rendered under
this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define
OWNER's policies and decisions with respect of ARCHITECT'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 performance 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 Specifications.
3 .3 Assist ARCHITECT by placing at ARCHITECT's disposal all
available information pertinent to the Project including previous
reports and any other data relative to design or construction of
the Project.
3 .4 Furnish to ARCHITECT, as required for performance of
ARCHITECT's Basic Services (except to the extent provided otherwise
in Exhibit A "Further Description of Basic Services and Related
Matters"), the following:
3.4.1Data prepared by or services of others, including without
limitation borings, probings and subsurface explorations,
hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment;
3.4.2appropriate professional interpretations of all of the
foregoing;
3.4.3environmental assessment and impact statements;
3.4.4property, boundary, easement, and right-of-way, topographic,
and utility surveys and related office computations and drafting;
3.4.5property descriptions;
3.4.6zoning, deed and other land use restriction; and
3.4.70ther special data or consultation not covered in
Section 2; all of which ARCHITECT may use and rely upon in
performing services under this Agreement.
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3 .5 Provide engineering surveys to establish reference
points for construction (except to the extent provided otherwise in
Exhibit A "Further Description of Basic Services and Related
Matters") to enable Contractor(s) to proceed with the layout of the
work.
3 .6 Arrange for access to and make all provisions for
ARCHITECT to enter upon public and private property as required for
ARCHITECT to perform services under this Agreement.
3 . 7 Examine all studies, reports, sketches, Drawings,
Specifications, proposals and other documents presented by
ARCHITECT, 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 ARCHITECT.
3.8 Furnish approvals and permits from all governmental
authorities having jurisdiction over the project and such approvals
and consents from others as may be necessary for completion of the
Project. ARCHITECT will assist the OWNER in the preparation of
said permits.
3.9 Provide such accounting, independent cost estimating and
insurance counseling services as may be required for the Project,
such legal services as OWNER may require or ARCHITECT 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 OWNER may
require to ascertain that Contractor(s) are complying with any law,
rule, regulation, ordinance, code or order applicable to their
furnishings and performing the work.
3.1.0 If OWNER designates a person to represent OWNER as the
si te who is not ARCHITECT or ARCHITECT I S agent or employee, the
duties, responsibilities and limitations of authority of such other
person and the effect thereof on the duties and responsibilities of
ARCHITECT 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.
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3.12 Furnish to ARCHITECT data or estimated figures as to
OWNER's anticipated costs for services to be provided by others for
OWNER (such as services pursuant to paragraphs 3. 7 through 3 .11,
inclusive and other costs of the types referred to in paragraph
1.2.6) so that ARCHITECT may make the necessary findings to support
opinions of probable Total Project Costs.
3.13 Attend the pre-bid conference, bid
preconstruction conferences, construction progress and
related meetings and substantial completion inspections
payment inspections.
3.14 Give prompt written notice to ARCHITECT whenever OWNER
observes or otherwise becomes aware of any development that affects
the scope or timing of ARCHITECT's services, or any defect or
nonconformance in the work of any Contractor.
opening,
other job
and final
3.15 Furnish, or direct ARCHITECT to provide, Additional
Services as stipulated in paragraph 2.1 of this Agreement or other
services as required.
3 .16 During the Operational Phase, the OWNER will document
all warranty items brought to the Contractor's attention in writing
to the ARCHITECT.
3.17 Bear all costs incident to compliance with the
requirements of this Section 3.
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SECTION 4 - PERIODS OF SERVICE
4.1 The provisions of this Section 4 and the various rates
of compensation for ARCHITECT's services provided for elsewhere in
this Agreement have been agreed to in anticipation of the orderly
and continuous progress of the proj ect through completion of the
Construction Phase. ARCHITECT's obligation to render services
hereunder will extend for a period which may reasonably be required
for the design, award of contracts, construction and initial
operation of the Project including extra work and required
extensions thereto. If in Exhibit A "Further Description of Basic
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 ARCHITECT I all rates, measures and
amounts of compensation provided herein shall be subject to
equitable adjustment.
4 . 2 The services called for in the Schematic Design Phase
will be completed and the Schematic Design submitted within the
stipulated period indicated in paragraph 2 of Exhibit A "Further
Description of Basic Services and Related Matters" after written
authorization to proceed with that phase of services which will be
given by OWNER within thirty days after ARCHITECT has signed this
Agreement.
4 . 3 After acceptance by OWNER of the Schematic Design Phase
documents indicating any specific modifications or changes in the
general scope, extent or character of the Project desired by OWNER,
and upon written authorization from OWNER, ARCHITECT shall proceed
with the performance of the services called for in the Design
Development Phase, and shall submit preliminary design documents
and a revised opinion of probable Total Project Costs within the
stipulated period indicated in paragra:Qh 3 of Exhibit A "Further
Description of Basic Services and Related Matters".
4.4 After acceptance by OWNER of the Design Development
Phase documents, indicating any specific modifications or changes
in the general scope, extent or character of the Project desired by
OWNER, and upon written authorization from OWNER, ARCHITECT shall
proceed with the performance of the services called for in the
Construction Documents Phase; and shall deliver Contract Documents
and a revised opinion of probable Total Project Costs for all work
of Contractor(s) on the Project within the stipulated period
indicated in paragraph 4 of Exhibit A "Further Description of Basic
Services and Related Matters".
4.5 ARCHITECT's services under the Schematic Design Phase,
Design Development and Construction Documents shall each be
considered complete at the earlier of (1) the date when the
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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 required for obtaining approval of governmental
authorities having jurisdiction to approve the design of the
Project.
4 .6 After acceptance by OWNER of the ARCHITECT's Drawings,
Specifications and Construction Documents Phase documentation
including the most recent opinion of probable Total proj ect Cost
and upon written authorization to proceed, ARCHITECT 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 considered complete upon
commencement of the Construction Phase or upon cessation of
negotiations with prospective Contractor(s) except as may otherwise
be required to complete their services called for in paragraph
6.2.2.5) .
4.7 The Construction Phase will commence with the execution
of the prime contract to be executed for the work of the Project or
any part thereof, and will terminate sixty (60) days after a) the
actual date of Substantial Completion. Construction Phase services
may be rendered at different times in respect of separate prime
contracts if the Project involves more than one prime contract.
4.8 The Operational Phase will commence during the
Construction Phase and will terminate one year after the date of
Substantial Completion of the prime contract for construction,
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 ARCHITECT's services shall be adjusted
equitably.
4.10 If OWNER fails to give prompt written authorization to
proceed with any phase of services after completion of the
immediately preceeding phase, or if the Construction Phase has not
commenced within 180 calendar days (plus such additional time as
may be required to complete the services called for under paragraph
6.2.2.5) after completion of the Final Design Phase, ARCHITECT may,
after giving seven days written notice to OWNER, suspend services
under this Agreement.
4.11 If ARCHITECT'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
ARCHITECT's control, ARCHITECT shall on written demand to OWNER
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(but without termination of this Agreement) be paid as provided in
paragraph 4.1.1. If such delay or suspension extends for more than
one year for reasons beyond ARCHITECT's control, or if ARCHITECT
for any reason is required to render Construction Phase services in
respect of any prime contract for construction, materials or
equipment more than 60 days after Substantial Completion is
achieved under that contract, the various rates of compensation
provided for elsewhere in this Agreement may be subject to
equitable adjustment.
4.12 In the event that the work designed or specified by
ARCHITECT is decided to be furnished or performed under more than
one prime contract, the ARCHITECT will be compensated in accordance
with paragraph 5.1.2.
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SECTION 5 - PAYMENTS TO ARCHITECT
5.1 OWNER has established an initial construction cost limit
of two million one hundred forty-five thousand dollars ($2,145,000)
for the Project available for construction.
5 . 1 . 1 For Basic Services. OWNER shall pay ARCHITECT for Basic
Services rendered under Section 1 (as amended and supplemented by
Exhibit A "Further Description of Basic Services and Related
Matters") as follows:
5.1.1.1 A lump sum in the amount of one hundred seventy-one
thousand six hundred dollars ($171, 600) . This lump sum amount
equals eight percent (8%) of the Owner approved Estimated
Construction Costs as determined by the Building Program Report and
Master Plan. Progress payments for Basic Services in each phase
shall total the following percentages of the total basic
compensation payable:
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Bidding or Negotiation Phase
Construction Phase
Operational Phase
( 15%)$25,740.00
( 20%)$34,320.00
( 35%)$60,060.00
( 5%)$ 8,580.00
( 20%)$34,320.00
( 5%)$ 8,580.00
Total Compensation for Basic Services
$171.600
5.1.1.2 Should the ARCHITECT's Preliminary Construction Cost
Estimate or the lowest bona fide proposal or bid amount exceed the
amount in section 5.1 as available for construction, the ARCHITECT
may be required at the discretion of the OWNER to amend the design
to bring the construction cost estimate or bid amount within the
amount specified without additional cost to the OWNER.
5.1.1.3 If the work is not carried on after Construction
Document Phase and drawings, specifications and Construction
Documents are completed and approved, the OWNER will pay the
ARCHITECT through the Construction Documents Phase in accordance
with Section 5.1.1 above; or, if the bids have been received, the
OWNER will pay the ARCHITECT seventy-five percent ( 75%) of the fee
as specified in Section 5.1.1.1.
5.1.1.4 The ARCHITECT'S responsibility to provide Basic Services
for the Construction Phase under this Agreement commences with the
award of the Contract for Construction and terminates sixty (60)
days after a) the actual date of Substantial Completion. Services
provided after this date shall be considered Additional Services
with the compensation due in accordance with Subparagraph 5.1.2 of
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this Agreement and shall require OWNER'S written authorization.
5.1.2 For Additional Services. OWNER shall pay ARCHITECT for
Additional Services rendered under Section 2 as follows:
On an hourly basis, using Standard Office Billing Rates
and Categories identified in paragraph 5.5 of this
Agreement, or as mutually agreed between OWNER and
ARCHITECT prior to the commencement of any such
services.
5.1.2.1 Resident Project Services. For Services of ARCHITECT's
Resident Project Representative (and assistants) furnished under
paragraph 1.6.2.1., compensation shall be computed as follows:
On an hourly basis, using Standard Office Billing Rates
and Categories identified in paragraph 5.5 of this
Agreement, or as mutually agreed between OWNER and
ARCHITECT prior to the commencement of any such
services.
5.1.2.2 Professional Associates and Consultants. For services
and Reimbursable Expenses of independent professional associates
and consultants employed by ARCHITECT to render Additional Services
pursuant to paragraph 2.1 or 2.2, the amount billed to ARCHITECT
therefor times a factor of 1.10.
5.1.3For Reimbursable Expenses. In addition to payments provided
for in paragraphs 5.1.1 and 5 .1.2, OWNER shall pay ARCHITECT the
actual costs of all Reimbursable Expenses incurred in connection
with all Basic and Additional Services.
5 . 1 .4 The term "Reimbursable Expenses" has the meaning assigned in
paragraph 5.4.
5.2 Times of Payments.
5.2.1ARCHITECT shall submit monthly statement for Basic and
Additional Services rendered and for Reimbursable Expenses
incurred. The statements will be based upon ARCHITECT's estimate
of the proportion of the total services actually completed at the
time of billing. OWNER shall make prompt monthly payments in
response to ARCHITECT's monthly statements.
5.3 Other provisions Concerning Payments.
5.3.1Invoices for basic and additional services shall be mailed on
or before the first (18t) of the month and shall be payable on or
before the fifteenth (15~) of the month.
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5 .4 . Reimbursable Expenses are in addition to compensation
for Basic and Additional Services and include expenses incurred by
the ARCHITECT and ARCHITECT's employees and consultants in the
interest of the Project, as identified in the following clauses.
5.4.1Expenses in connection with authorized out-of-town travel;
long-distance communications; and fees paid for securing approval
of authorities having jurisdiction over the Project. Expenses for
automobile travel during the performance of basic services shall be
considered incidental. For private automobile travel beyond
performance of basic services mileage will be reimbursed at
$0.31/mile.
5.4 .2 Expense of reproductions, postage and handling of Drawings,
Specifications and other documents, photographic materials and
developing expense, long-distance phone calls, and faxes.
5.4.3 If authorized in advance by the OWNER, expense of overtime
work requiring higher than regular rates.
5.4.4Expense of renderings, models and mock-ups requested by the
OWNER.
5.4.5Expense of additional insurance coverage or limits, including
professional liability insurance, requested by the OWNER in excess
of that normally carried by the ARCHITECT and ARCHITECT's
consultants.
5.5 The following table of Standard Office Billing Rates
shall be in effect where applicable under paragraph 5 .1.2 and
5.1.2.1 of this Agreement:
Partners
Project Manager
Project Architects
Interior Designers
Professional Staff
Secretarial Staff
$115.00
$ 95.00
$ 85.00
$ 75.00
$ 65.00
$ 50.00
If requested by OWNER, the ARCHITECT will submit a list
of employees, their appropriate title and billing rates prior to
authorization of services that will be compensated by the Standard
Office Billing Rates in paragraph 5.5.
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SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost
The construction cost of the entire Project (herein
referred to as "Construction Cost") means the total cost to OWNER
of those portions of the entire Project designed and specified by
ARCHITECT, but it will not include ARCHITECT's compensation and
expenses, the cost of land, rights-of-way, or compensation for or
damages to properties, nor will it include OWNER's legal,
accounting, insurance counseling or auditing services, or interest
and financing 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 through 3.11, inclusive. (Construction
Cost is one of the items comprising Total Project Costs which is
defined in paragraph 1.2.4.)
6.2 Opinions of Cost
6.2 .1 Since the ARCHITECT has no control over the cost of labor,
materials, equipment or services furnished by others, or over the
Contractor(s) I methods of determining prices, or over competitive
bidding or market conditions, ARCHITECT's best judgment as an
experienced and qualified professional, familiar with the
construction industry; but ARCHITECT cannot and does not guarantee
that proposals, bids or actual Total Project or Construction Costs
will not vary from opinions of probable cost prepared by ARCHITECT.
If prior to the Bidding or Negotiating Phase OWNER wishes greater
assurance as to Total proj ect or Construction Costs, OWNER shall
employ an independent cost estimator as provided in paragraph 3.9.
6.2.2If a Construction Cost limit is established by written
agreement between OWNER and ARCHITECT and specifically set forth in
this Agreement as a condition 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.
6.2.2.2 Any Construction Cost limit so established will include
a contingency of four percent (4%) unless another amount is agreed
upon in writing.
6.2.2.3 ARCHITECT will be permitted to determine what types of
materials, equipment and component systems are to be included in
the Drawings and Specifications and to make reasonable adjustments
in the general scope, extent and character of the Project to bring
it within the cost limit.
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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 Construction Cost limit will not be binding on
ARCHITECT, 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 industry between the date of
completion of the Final 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 sixty (60) days, or (3) cooperate in
revising the proj ect 's general scope, extent or character to the
extent consistent with the Project's requirements and with sound
engineering/architectural practices. In the case of (3), ARCHITECT
shall modify the Contract Documents as necessary to bring the
Construction Cost within the cost limit. No compensation will be
made for services in making such modifications per paragraph
5.1.1.2. The providing of such service will be the limit of
ARCHITECT's responsibility in this regard and, having done so,
ARCHITECT shall be entitled to payment for services in accordance
with this Agreement and will not otherwise be liable for damages
attributable to the lowest bona fide proposal or bid exceeding the
established Construction Cost.
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SECTION 7 - GENERAL CONSIDERATION
7.1 Termination.
This Agreement may be terminated by either party upon thirty
(30) days prior written notice to the other party in the event of
substantial failure by the other party to fulfill its obligations
under this Agreement through no fault of the terminating party.
7.2 Reuse of Documents.
All documents including Drawings and Specifications prepared
or furnished by ARCHITECT (and ARCHITECT's independent professional
associates and consultants) pursuant to this Agreement are
instruments of service in respect of the proj ect . The ownership
and property interest therein shall be granted to the OWNER when
the Project is completed. ARCHITECT shall supply a set of
reproducible record drawings for the OWNER in accordance with
Section 1.3.6. OWNER may make and retain copies for information
and reference in connection with the use and occupancy of the
proj ect 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 by
OWNER without written verification or adaptation by ARCHITECT for
the specific purpose intended will be at OWNER's sole risk and
without liability or legal exposure to ARCHITECT, or to ARCHITECT's
independent professional associates or consultants, and OWNER shall
indemnify and hold harmless ARCHITECT and ARCHITECT's independent
professional associates and consultants from all claims, damages,
losses and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will
entitle ARCHITECT to further compensation at rates to be agreed
upon by OWNER and ARCHITECT.
7.3
Insurance
During term of this agreement, ARCHITECT shall maintain
levels of insurance as described in Exhibit D.
7.3.1ARCHITECT shall procure and maintain insurance for protection
from claims under worker's compensation acts, claims for damages
because of bodily 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.
7.4 Controlling Law
This Agreement is to be governed by the law of the principal place
of business of OWNER.
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7.5 Successors and Assigns
7 .5.1 OWNER and ARCHITECT each is hereby bound and the partners,
successors, executors, administrators and legal representatives of
OWNER and ARCHITECT (and to the extent permitted by paragraph 7.5.2
the assigns of OWNER and ARCHITECT) are hereby bound to the other
party to this Agreement and to the partners, successors, executors,
administrators and legal representatives (and said assigns) of such
other party, in respect of all covenants, agreements and
obligations of this Agreement.
7.5.2Neither OWNER nor ARCHITECT shall assign, sublet or transfer
any rights under or interest in (including, but without limitation,
moneys that may become due 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
contained in this paragraph shall prevent ARCHITECT from employing
such independent professional associates and consultants, as
ARCHITECT may deem appropriate to assist in the performance of
basic services hereunder.
7.5.3Nothing under this agreement shall be construed to give any
rights or benefits in this Agreement to anyone other than OWNER and
ARCHITECT, and all duties and responsibilities undertaken pursuant
to this Agreement will be for the sole and exclusive benefit of
OWNER and ARCHITECT and not for the benefit of any other party.
7.6 DISPUTE RESOLUTION
The parties will attempt in good faith to resolve any controversy
or claim arising out of or relating to this agreement promptly by
negotiation between senior executives of the parties who have
authority to settle the controversy.
The disputing party shall give the other party written notice of
the dispute. Within ten days after receipt of said notice, the
receiving party shall submit to the other a written response. The
notice and response shall include (a) a statement of each party's
position and a summary of the evidence and arguments supporting its
position, and (b) the name and title of the executive who will
represent that party. The executive shall meet at a mutually
acceptable time and place within twenty days of the date of the
disputing party's notice and thereafter as often as they reasonably
deem necessary to exchange relevant information and to attempt to
7-2
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resolve the dispute.
If the controversy or claim has not been resolved within thirty
days of the meeting of the senior executives, the parties shall
endeavor to settle the dispute by mediation under the Center for
Public Resources Model Procedure for Mediation of Business Disputes
or pursue amicable termination.
If the matter has not been resol ved pursuant to the aforesaid
mediation procedure within sixty days of the commencement of such
procedure, (which period may be extended by mutual agreement), or
if either party will not participate in such procedure, the parties
shall pursue amicable termination.
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SECTION 8 - SPECIAL PROVISIONS. EXHIBITS AND SCHEDULES
8.1 This Agreement is subject to the following special
provisions.
8.2 The following Exhibits are attached to and made a part
of this Agreement:
8.2.1Exhibit A "Further Descriptions of Basic Services and Related
Matters" consisting of 1-pages.
8.2.2 Exhibit B "Duties, Responsibilities and Limitations of
Authority of Resident Project Representative" consist of .2.-pages.
8.2.3Exhibit C "Project Organizational Chart and Communication"
consist of 1-Page.
8.2.4Exhibit D "Insurance" consists of .1. page.
8.3 This Agreement (consisting of 30 pages) together with
the Exhibits and schedules identified above constitutes the entire
agreement between OWNER and ARCHITECT and supersedes 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,
Agreement as of the
OWNER:
CITY OF LA PORTE, TEXAS
executed this
G<~ T. ~
City Manager
ATTEST
LJJt dl/l1li ~ JlJUdI
City Secretary
(SEAL) /
/~ .
AS TO FO~./ I
;{,.~. ~/. cc>J;:~Jt/~
City Attorney
ATTEST
8-1
.
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EXHIBIT A
EXHIBIT A TO AGREEMENT BE'IWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES, dated
July 26, 1999
FURTHER DESCRIPTION OF ARCHITECT BASIC SERVICES AND RELATED MATTERS
1. This is an exhibit attached to, made a part of and
incorporated by reference into the Agreement made on July 26, 1999,
between the City of La Porte (OWNER) and Hall/Barnum Architects
(ARCHITECT) providing for professional services. The Basic
Services of ARCHITECT 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. During the Schematic Design Phase ARCHITECT shall:
a. Provide document sets to OWNER as outlined in
paragraph 1.2.4.
b. Attend 2 meeting with City staff to discuss
progress and direction of the work. After the
meeting ARCHITECT shall circulate for approval a
set of minutes that outline the key topics
discussed and any decisions, directions, etc.
agreed upon by OWNER and ARCHITECT.
The Schematic Design Phase will be completed and documents
submitted within 45 days following written authorization from
OWNER to ARCHITECT to proceed with that phase of services.
3. During the Design Development Phase ARCHITECT shall:
a. Provide document sets to OWNER as outlined in
paragraph 1.3.S.
b. Attend 3 meetings with City staff to discuss
progress and direction of the work. After each
meeting ARCHITECT shall circulate for approval a
set of minutes that outline the key topics
discussed and any decisions, directions, etc.
agreed upon by OWNER and ARCHITECT.
The Design Development Phase Services will be completed and
Contract Documents and ARCHITECT's opinion of costs submitted
within 60 days following written authorization from OWNER to
ARCHITECT to proceed with that phase of services.
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4. During the Construction Documents Phase ARCHITECT shall:
Prepare construction documents ready for bidding, including
the following tasks:
a.
Construction drawings will
appropriate scale and include:
Cover Sheet/Area Maps
Location Plans/Sheet Indicators
Final Site Plan
Mechanical Plans and Elevations
Final Electrical and Instrumentation
Detail Sheets
be
prepared
at
b. Concurrent with the development of design drawings,
the ARCHITECT will develop contract documents and
specifications. Final specifications will be
presented to OWNER for approval.
c. Attend -L. meetings with City staff to discuss
proj ect and direction of the work. After each
meeting ARCHITECT shall circulate for approval a
set of minutes that outline the key topics
discussed and any decisions, directions, etc.
agreed upon by OWNER and ARCHITECT.
d. Make formal submittal of Drawings, Specifications
and Contract Documents for the OWNER's review at
the following completion stages:
Interim - 50 % of Detailed Design provide 1.
set.
Pre-Final - 90 % of Detailed Design provide 3
sets.
Final - 100% of Detailed Design provide 5
sets.
The ARCHITECT will develop a final "Total Probable
cost" estimate.
e.
f. Provide document sets to OWNER as outlined in
Paragraph 1.4.5.
The Construction Document Phase Services will be completed and
the Report submitted within 90 calendar days following
written authorization from OWNER to ARCHITECT to proceed with
that phase of services.
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5. During the Bidding or Negotiating Phase ARCHITECT shall:
a. Assist OWNER in conducting the prebid conferences
and prequalification of bidders as required by City
of La Porte Ordinance No. 1476-A.
Ordinance 1476-A requires all Contractors desiring.
to bid on construction projects having an estimated
construction cost of greater than $300,000, must
pre-qualify by filing a satisfactory Contractor's
Statement. The Contractor's Statement requires the
filing of both a Financial Statement and an
Equipment and Experience Statement.
The ARCHITECT shall review the Equipment and
Experience Statements submitted by the Contractor,
check references and prepare a written report and
recommendation based on their findings.
The ARCHITECT
evaluating the
Contractors.
shall not be responsible for
financial statement submitted by
The Bidding or Negotiating Phase Services will be completed per
terms of paragraph 4.6.
6. During the Construction Phase ARCHITECT shall:
a. During the Construction Phase the ARCHITECT
shall make visits to the site at intervals
appropriate to the various stages of
construction. After contractor has submitted
construction schedules, the OWNER and
ARCHITECT will mutually agree on key stages of
construction that will warrant and require
visits by ARCHITECT. However, the total
visits to site by the ARCHITECT shall average
1 per week over the term of construction.
The Construction Phase Services will be completed per terms of
;paragraph 4.7.
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EXHIBIT B
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, July 26, 1999_, between The
City of La Porte, Texas (OWNER) and Hall/Barnum Architects
(ARCHITECT) providing for professional services.
OWNER may furnish a Resident Project Representative (RPR),
assistants and other field staff to assist ARCHITECT 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, ARCHITECT 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
ARCHITECT responsible for or gi ve ARCHITECT 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 ARCHITECT in ARCHITECT's agreement with the OWNER and in
the construction Contract Documents, and are further limited and
described as follows:
A. General
RPR is ARCHITECT's agent at the site, will act as directed by
and under the supervision of ARCHITECT, and will confer with
ARCHITECT regarding RPR' s actions. RPR' s dealings in matters
pertaining to the on-site work shall in general be with ARCHITECT
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 ARCHITECT.
B. Duties and Responsibilities of DR
1. Schedules:
Review the progress schedule, schedule of Shop
Drawing submittals and schedule of values prepared
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2.
by CONTRACTOR and consult with ARCHITECT concerning
acceptability.
Conferences and Meetings:
Attend meetings with CONTRACTOR, such
preconstruction conferences, progress meetings,
conferences and other project-related meetings,
prepare and circulate copies of minutes thereof.
as
job
and
3. Liaison:
a.
Serve as ARCHITECT's liaison with CONTRAcroR,
working principally through CONTRACTOR's
superintendent and assist in understanding the
intent of the Contract Documents; and assist
ARCHITECT in serving as OWNER's liaison with
CONTRACTOR when CONTRAcroR's operations affect
OWNER's on-site operations.
b. Assist in obtaining from OWNER additional
details or infqrmation, 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 ARCHITECT of
availability of samples for examination.
c.
Advise ARCHITECT and CONTRACTOR
commencement of any Work requ1r1ng
Drawing or sample if the submittal
been approved by ARCHITECT.
of the
a Shop
has not
5. Review of Work, Rejection of Defective Work, Inspections
and Tests:
a. Conduct on-site observations of the Work in
progress to assist ARCHITECT in determining if
the Work is in general proceeding in
accordance with the Contract Documents.
b. Report to ARCHITECT 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
need the requirements of any inspection, test
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or approval required to be made; and advise
ARCHITECT of Work the RPR believes should be
corrected or rej ected 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 ARCHITECT
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 ARCHITECT.
6. Interpretation of Contract Documents:
Report to ARCHITECT when clarifications and
interpretations of the Contract Documents are
needed and transmit to CONTRACTOR clarifications
and interpretations as issued by ARCHITECT.
7. Modifications:
Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Specifications and
report with RPR I S recommendations to ARCHITECT.
Transmit to CONTRACTOR decisions as issued by
ARCHITECT.
8.
Records:
a.
Maintain at the job site orderly files for
correspondence, report 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,
ARCHITECT'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,
B-3
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data relative to questions of Work Directive,
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 ARCHITECT.
c. Record names, addresses and telephone numbers
of all CONTRACTORS, subcontractors and maj or
suppliers of materials and equipment.
9 . Reports:
a. Furnish ARCHITECT periodic reports as required
of progress schedule and schedule of Shop
Dr~wing and sample submittals.
b. Consult with ARCHITECT 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 CONTRACTOR and reconunend to ARCHITECT
Change Orders, Work Directive Changes, and
Field Orders.
d. Report immediately to ARCHITECT and OWNER upon
the occurrence of any accident.
10. Payment Requests:
Review applications for payment with CONTRACTOR for
compliance with the established procedure for their
submission and forward with reconunendations to
ARCHITECT, noting particularly 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 CONTRACTOR are applicable to the items actually
installed and in accordance with the Contract
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Documents, and have this material delivered to
ARCHITECT for review and forwarding to OWNER prior
to final payment for the Work.
12. Completion:
a. Before ARCHITECT 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
ARCHITECT, OWNER, and CONTRACTOR and prepare a
final list of items to be completed or
corrected.
c.
Observe that all
completed or
recommendations
acceptance.
items on final list have been
corrected and make
to ARCHITECT concerning
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 ARCHITECT.
2. Shall not exceed limitations of ARCHITECT's authority as
set forth in the Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of
CONTRACI'OR, subcontractors or CONTRACI'OR'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 then CONTRACTOR.
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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 ARCHITECT.
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EXHIBIT C TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES, dated
July 26, 1999
COMKON'ICATION
All correspondence shall include City of La Porte Project No. 99-
2201. All correspondence regarding this Agreement for Professional
Services and fee invoicing from ARCHITECT to OWNER shall be
addressed as follows:
City of La Porte
Attention: Doug Kneupper, PE, Planning Director
PO Box 1115
La Porte, TX 77572-1115
Delivery Address:
604 West Fairmont Parkway
La Porte, TX 77571
Deliveries related to project design and construction shall be
sent to:
City of La Porte
Attention: Doug Kneupper, PE, Planning Director
604 West Fairmont Parkway
La Porte, TX 77571
All correspondence from OWNER to ARCHITECT shall be addressed
to:
Hall/Barnum Architects
Attention: William w. Hall, Jr., AIA
2727 Weslayan
Houston, TX 77027
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EXHIBIT D
EXHIBIT D TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES, dated
July 26, 1999
This is an exhibit attached to, made a part of and
incorporated by reference into the Agreement made on July 26,
1999, between the City of La Porte (Owner) and Hall/Barnum
Architects (Architect) providing for professional services.
Section 7.3 of the Agreement is amended and supplemented to
include the following agreement of the parties:
The limits of liability for the insurance required by
paragraph 7.3 of the Agreement are as follows:
By Architect:
1. Worker's Compensation
Statutory
2.
Employer's Liability
$1,000,000
3.
General Liability
General Aggregate
Each Occurrence (Bodily Injury
and Property Damage)
Excess umbrella Liability
General Aggregate
Automobile Liability
Professional Liability
Each Occurrence
Aggregate
$250,000
$500,000
$500,000
$1,000,000
4.
5.
6.
$500,000
$500,000
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,-
REOUE'FOR CITY COUNCJL AGENDA 11M
Agenda Date Requested: July 26, 1999
Requested by: Robert T. Herrera
Department: Administration
Report
Resolution XXX Ordinance
Exhibits:
1. Ordinance No. 99-
2. Proposed Lease Agreement with American Legion Post No. 428
SUMMARY & RECOMMENDATIONS
In 1998, American Legion Post No. 428, operating from the Original City Hall located at III S. 2nd Street,
presented the City of La Porte an opportunity to restore and preserve this Original City Hall building. For the
1998-1999 Budget, Council approved $20,000.00 in the Hotel/Motel Fund to assist with this project.
The City of La Porte and the American Legion Post No. 428 propose a lease agreement that would benefit both.
parties and would be effective from January 1, 2000 until December 31, 2019. The proposed lease agreement
stipulates the American Legion will restore the Original City Hall building and deed the property and this
building to the City of La Porte. At the time of deed transfer, the City will reimburse the American Legion,
from Hotel/Motel Capital Improvement Fund Account # 026-9892-791-1100, an amount not to exceed
$20,000.00 for restoration costs.
In return for the American Legion's restoration efforts, the City of La Porte will allow this organization the use
of the Original City Hall building for twenty-four (24) days per lease year, during the lease term, at no cost.
Additionally, the City of La Porte will absorb costs of all utilities and all exterior maintenance to the property
and buildings.
Action Required by Council:
Approve Ordinance No. authorizing the City Manager to execute a lease agreement with American
Legion Post No. 428 to include reimbursement of $20,000.00 for restoration of the Original City Hall
building.
Availability of Funds
General Fund W aterlW astewater
XXX Capital Improvement-Hotel/Motel _ General Revenue Sharing
Other
YES
NO
Account Number: 026-9892-791-1100 Funds Available:
Approved for Citv Council Ae:enda
7-;;;;...-99
Date
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ORDINANCE NO. 99-12..34-'1
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEHEN'l' 01' LEASB
BETWBBN THB CITY 01' LA PORTE AND HOVEY-BETHEA POWELL POST NO. 428
01' THE AMERICAN LEGION; APPROPRIATING $20,000.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THB
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the city to all such
documents. City Council appropriates the sum of $20,000.00 from
the Hotel/Motel Fund (Capital Improvement Project) Account No. 026-
9892-791-1100 to fund said contract.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 99-1~~~
PAGE 2
section 30 This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of July, 1999.
By:
CITY OF LA PORTE
CLd !2~j~~
Norman L. Malone
Mayor
ATTEST:
. .0. ,filii;.
Ma tha A. Gillett
City Secretary
APPROV'~: ...1
-;;Z:~ ~! d~
Knox W. Askins
City Attorney
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AGREEMENT OF LEASE
STATE OF TEXAS {
{
COUNTY OF HARRIS {
This Agreement of Lease made by and between the CITY OF LA PORTE, a municipal
corporation, P.O. Box 1115, La Porte, Texas 77572, known herein as LESSOR, and HOVEY-
BETHEA POWELL POST NO. 428 OF THE AMERICAN LEGION, a Texas non-profit
corporation, known herein as LESSEE,
WIT N E SSE T H:
1. LESSOR does by these presents lease and demise unto LESSEE the following
described property, lying and being situated in Harris County, Texas, to-wit:
Lot No. Seven (7), in Block Thirty-eight (38), of the Town of La Porte, in Harris
County, Texas, according to the map or plat thereof recorded on file in the office
of the County Clerk of said County, to which reference is here made for all
purposes, more commonly known as 111 South 2nd Street, La Porte, Texas
77571.
2. LESSOR may not remove the existing 20 x 48 foot building (which was the original
La Porte City Hall) from the above described property, before January 1, 2010. Thereafter,
LESSOR may move the existing building to another site within the city limits of the City of
La Porte, upon approval of LESSOR's City Council, at no cost or expense to LESSEE. LESSOR
shall leave the building site in a clean condition. In the event the original City Hall building is
moved by LESSOR, title to the land described in subparagraph 1 hereof, and all other
improvements to the land shall revert to LESSEE, its successors and assigns. The terms and
provisions of this Agreement of Lease shall apply to the use of the building at the new location.
3. LESSEE agrees to restore and rebuild the original City Hall building to a physical
condition that resembles its original character. In addition, LESSEE agrees to construct a new
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building at the rear of the property described in subparagraph 1 hereof, which shall be for the
exclusive use of LESSEE, as a Post home. All interior maintenance of the new building shall be
the sole responsibility of the LESSEE.
I.
The term of this lease is for twenty (20) years, from January 1, 2000, until
December 31,2019, with options to LESSEE to renew for two successive five (5) year terms,
upon the same terms and conditions hereof.
II.
In lieu of rental, LESSEE has donated to LESSOR, by General Warranty Deed, the above
described real property and LESSEE agrees to make all structure improvements to restore the
original City Hall before transferring the property and improvements to the LESSOR. Upon its
dedication and transfer of deed to LESSOR, LESSOR agrees to maintain and care for the
property and improvements thereon. LESSOR agrees to pay to the LESSEE the sum of
$20,000.00, upon transfer of the deed, as reimbursement to LESSEE for its restoration of the
original City Hall building.
III.
LESSOR shall pay all charges for the use of water, electricity, natural gas and other
utilities, as the same may become due, during the full term of this lease.
IV.
LESSOR grants LESSEE the right to use the original City Hall building, without payment
of charge or rent, up to twenty-four (24) days per lease year for the duration of this lease
agreement, to be used by LESSEE for its bi-monthly meetings and any special meetings desired
2
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by LESSEE. To the extent possible, LESSEE shall advise LESSOR of the dates, which LESSEE
desires to use the building. LESSEE shall advise LESSOR of its monthly meeting dates, for each
ensuing twelve (12) months, and LESSEE shall give LESSOR at least thirty (30) days written
notice of further dates which LESSEE desires to use the building. LESSOR shall be free to rent
the building to other parties when not being used by LESSEE.
V.
LESSEE shall take good care of the property and suffer no waste, and at the end or
termination of this lease, deliver up the demised premises in good order and condition, natural
wear, tear and damage by fire, explosion, the elements and the acts of third parties excepted.
VI.
LESSEE shall not assign this agreement or sublet said premises, or any part thereof, to
any person or persons whatsoever, without the prior written consent of LESSOR.
VII.
In case of default of any of the aforesaid covenants, LESSOR may enforce the
performance thereof in any modes provided by law, and may declare the lease forfeited at
LESSOR'S discretion, and LESSOR, his agents or attorneys, shall have the right, without further
notice or demand, to re-enter and remove all persons therefrom without being deemed guilty of
any manner of trespass and without prejudice to any remedies for arrears of rent or breach of
covenant, or LESSOR, his agents or attorneys, may resume possession of the premises and re-Iet
the same for the remainder of the term for the. best rental he may obtain; and LESSOR shall have
a lien as security for the rent aforesaid upon all the improvements, additions, equipment and other
personal property which LESSEE may place on the leased premise.
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This instrument expresses the entire agreement of the parties on subjects it purports to
cover.
This agreement is executed in multiple original copies.
WITNESS OUR HANDS, this 26th day of July, 1999, effective January 1, 2000.
LESSOR:
CITY OF LA PORTE
By: G~ -r. ~
Robert T. Herrera
City Manager
ATTEST:
-111 dHftL 11.. !/dtJ1i
Martha A. Gillett
City Secretary
LESSEE:
By:
HOVEY-BETHEA POWELL POST NO. 428
OF THE AMERI~EGION
~-
Commander
ATTEST: ~
~fonard
Adjutant
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REOUEST Fe CITY COUNCIL AGENDA ITEM I
.
Agenda Date Requested: July 26. 1999
Requested By: John Jooms
Department: Administration
_ Report _ Resolution X Ordinance
Exhibits:
1. Ordinance No.
2. Proposed Agreement
SUMMARY & RECOMMENDATION
TIRZ: Professional Consulting Services
By design, the City's previous contract with Hawes, Hill and Patterson Consultants provided for services up to creation of
the TIRZ: This proposed agreement provides for services necessary to complete the TIRZ agreements and provide an
initial 4 months management for the Board. The agreement features continuous support in two areas: Reinvestment Zone
Implementation (TIF) and Board Management Services. Key services provided are;
TIF ImDlementation
. Prepare final payment and financing plans
. Assist in public hearings, resolutions, and ordinance preparation and other required documentation
. Assist in negotiation and preparation of participation agreements with other taxing units (LPISD and Harris
County)
. Assist in the preparation and negotiation of development agreements
Board Manal!ement Services
. Prepare notices, agendas, and information packets
. Take and prepare minutes of Board meetings
. Prepare budgets for inclusion in the City's annual budget and financial reports
. Assist Board in implementation of the project plan and Reinvestment Zone Financing Plan
The fee for services is a lump sum amount of $42,000, to be paid for in 6 monthly installments of $7,000. Reimbursable expenses
are at cost and will not exceed $1,500 without additional authorization.
The recommended source of funds is Fund 036, the City's Economic Development Fund. These expenses are eligible for
reimbursement from the TIRZ fund.
Action Required by Council:
Consider approval of Ordinance No. authorizing the City Manager to execute a professional services agreement with Hawes, Hill
and Patterson Consultants authorizing $43,500 from the available fund balance in Fund 036, the Economic Development Fund.
Availability of Fonds:
Account Number: 036-6061-565-5014
Funds Available: .x. YES _ NO
7-;),;). -7~
General Fund_ Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
.x. Other (Economic Development Fund)
e ORDINANCE NO. 99-13Lf-Cjl e
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR CONSULTING
SERVICES BETWEEN THE CITY OF LA PORTE AND HAWES, HILL AND PATTERSON
CONSULTANTS, L.L.P., FOR TAX INCREMENT REINVESTMENT ZONE NUMBER ONE
IMPLEMENTATION AND BOARD MANAGEMENT SERVICES APPROPRIATING $43,500;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or other
undertaking described in the title of this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized
to execute such document and all related documents on behalf of the City of La Porte. The City Secretary
is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents.
City Council appropriates the sum of $43,500 from the Economic Development Fund to fund said
contract.
Section 2. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 3.
This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this 26th day of July, 1999.
CITY OF LA PORTE
By: fYJ,(,,dz r;j,~dh~ 1-1'7--
1JrT:
t1tt11ft {]. A 111 ttI
Martha A. Gillett
City Secretary
Norman L. Malone, Mayor
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'.-;:;;-r-
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CONTRACT FOR CONSULTING SERVICES
This contract is by and between Hawes Hill & Patterson Consultants, L.L.P. (the
"Consultant") and the City of La Porte (the "Client") for services described below.
SCOPE OF SERVICE
The Consultant will provide the following services on behalf of the Client with regard to
Reinvestment Zone Number One, City of la Porte, Texas:
Reinvestment Zone (TIF) Implementation Services
. Assist the Client in addressing land use issues, zoning issues and development
issues within TIF;
. Work with the Client to structure financing options for inclusion in the Final Project
Plan and Reinvestment Zone Financing Plan (the "Plan");
. Identify existing charts, graphs, and media/marketing material for inclusion in
presentations to taxing jurisdictions, political leaders and government officials; and
for inclusion in the Plan;
. Assist Client to ensure that all public hearings are held timely and in accordance
with Chapter 311, Texas Tax Code and the procedural requirements of other taxing
units;
. Assist Client to insure that all resolutions and ordinances are prepared correctly;
. Prepare/review presentations for consideration by City Council and other taxing
units, as necessary;
. At the request of the Client, attend City Council meetings to brief them on the
specifics of the Plan;
. Assist Client in the negotiation and preparation of participation agreements with
other taxing units;
. Assist Client in the preparation, review and approval of all required documents
(Articles of Incorporation, By-laws, Tri-Party Agreements, etc). for the creation and
operation of a Development Authority or any other public entity deemed necessary
to carry out the TIF functions;
. Assist Client in the inclusion of development projects to further the goals of the
Client through the TIF;
Hawes Hill & Patterson Consultants, L.L.P.
P.O. Box 22167, Houston, Texas 77227-2167
713.541.0447/713.541.9906 (Fax)
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. Assist Client with the education of the TIF board appointments;
. Assist Client and TIF Board in the preparation the Plan for consideration and
approval of the TIF Board of Directors and the Client. As a minimum, the Plan will
include a detailed list describing the estimated project costs of the TIF, including
public improvements and services; a statement listing the kind, number and location
of all proposed public works, public improvements or services; an economic
feasibility study prepared by an independent consultant (provided by Client)
acceptable to the Client; the estimated amount of bonded indebtedness to be
incurred; the time when related costs or monetary obligations are to be incurred;
and a description of the methods of financing all estimated project costs and the
expected sources of revenue to finance or pay project costs, including the
percentage of tax increment to be derived from the property taxes of each taxing
unit that levies taxes on real property in the TIF; the current total appraised value of
taxable real property in the TIF; the estimated captured appraised value of the TIF
during each year of its existence; and the duration of the TIF;
. Assist Client in the preparation and negotiation of development agreements
between the Authority, the City, the TIF and developers (as appropriate); and
. Assist Client to insure that all procedural requirements related to other taxing units
are met with regard to the Plan.
The Client agrees to complete the Reinvestment Zone Services by October 2, 1999.
TIF Board Management Services
. Prepare public notices, meeting agendas, and information packets for use at Board
of Directors meetings;
. Take and prepare minutes of Board meetings and maintain Reinvestment Zone
files;
. Prepare budgets for inclusion in the City's Annual Budget and financial reports as
required;
. Assist Reinvestment Zone Number One Board of Directors in the implementation of
the Project Plan and Reinvestment Zone Financing Plan;
. Assist CityITIF to develop and construct a property owner database for mapping,
taxation, and information purposes; and
. Serve as liaison with the City and other interested parties to further mission of
Reinvestment Zone Number One.
Hawes Hill & Patterson Consultants, L.L.P.
P.O. Box 22167, Houston, Texas 77227-2167
713.541.0447/713.541.9906 (Fax)
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FEES & INVOICING
Professional Fee for Creation Services
Hawes Hill & Patterson Consultants agrees to perform the above services for a
professional fee in the sum of $42,000.
Payment Terms
The Client agrees to pay the Consultant a professional fee of $7,000 per month for a
six-month period beginning July 1, 1999 and ending December 31, 1999. The Client
will be invoiced monthly.
Reimbursable Expenses
Actual expenses include but are not limited to prints and reproductions, graphics, art
supplies, postage, deliveries, long distance telephone calls, submittal fees, parking
fees, travel and lodging, and public notices. Photocopies will be charged at actual cost
per page. Automobile use directly attributable to this project will be charged at the IRS
approved reimbursement rate. Every effort will be made to coordinate with Client to
use existing resources so as to minimize costs. Travel and lodging expenses related to
this project must have prior approval of the Client. Reimbursable expenses will be
invoiced on a monthly basis. The Consultant shall ke~p a full and documented
accounting of all funds expended with receipts. Reimbursable expenses shall not
exceed $1,500 without prior approval of the Client.
TERM OF CONTRACT
This Contract Agreement shall become effective upon acceptance and shall continue in
force until December 31, 1999 or until terminated per terms of this agreement. This
contract may be extended and the scope expanded by mutual agreement of both
parties.
GENERAL TERMS
Hawes Hill & Patterson Consultants shall conduct itself in a professional manner when
representing the Client and shall make every effort to conduct the business affairs of
the Client in a timely manner.
Hawes Hill & Patterson Consultants, L.L.P.
P.O. Box 22167, Houston, Texas 77227-2167
713.541.0447/713.541.9906 (Fax)
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ADDITIONAL RESPONSIBILITIES OF CONSULTANT
Hawes Hill & Patterson Consultants shall be responsible for subcontracting for other
services, which may be deemed necessary to complete the terms of this contract for
consulting services. These additional sub-consultant services may include, but are not
limited to engineering, legal and other financial sub-consulting services. The decision
to contract for additional services will be made jointly by David W. Hawes, General
Partner of Hawes Hill & Patterson Consultants, and Robert T. Herrera, City Manager.
La Porte, Texas.
Hawes Hill & Patterson Consultants is solely responsible for the payment of sub-
consultant services and the City of La Porte shall not be liable for the direct payment to
sub-consultants for any services rendered unless otherwise expressly stated and
agreed to in writing by the Consultant and the Client.
TERMINATION
Either party may terminate this agreement by giving a thirty- (30) day written notice. If
this agreement is terminated, Hawes Hill & Patterson Consultants shall be paid for all
expenses incurred up to the date of termination. The monthly fee of $7,000 shall be
prorated to the date of termination based on a factor of days worked in the given
month. All documents, proposals, correspondence, files, and any other documents
pertaining to the project shall be delivered to the Client upon completion or termination
of the contract.
ACCEPTANCE
When executed by both parties, this contract shall evidence the entire agreement, and
shall constitute a notice to proceed, unless otherwise designated by Client in writing.
This document is being executed in two (2) counterpart originals, each of which has the
full force and effect of an original. Please signify your agreement and acceptance by
signing below where indicated and return one copy with the initial monthly payment of
$7,000 to Hawes Hill & Patterson Consultants.
Hawes Hill & Patterson Consultants, L.L.P.
P.O. Box 22167, Houston, Texas 77227-2167
713.541.0447/713.541.9906 (Fax)
4
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This contract is made and entered into in Harris County, Texas and venue for all
purposes shall be in Harris County, Texas.
AGREEDANDACCEPTEDTHIS~DAYOF j!.![~ 1999.
CU'S~~
David W. Hawes, Ge eral Partner
Hawes Hill & Patterson Consultants, L.L.P.
Q~T,~
Robert T. Herrera, City Manager
La Porte, Texas
c:\hhp\projects\contract\La Porte Contract_ 4
Hawes Hill & Patterson Consultants, L.L.P.
P.O. Box 22167, Houston, Texas 77227-2167
713.541.0447/713.541.9906 (Fax)
5
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REQUEST F<WITY COUNCIL AGENDA ITEM e
Agenda Date Requested: July 26. 1999
Requested By: John Joems
Department: Administration
_ Report
Resolution X Ordinance
Exhibits:
1. Ordinance No.
2. Proposed Contract
SUMMARY & RECOMMENDATION
The Northside's civic leaders have met with the City on several occasions to discuss the problems facing the
community. While some of the immediate concerns have been addressed, it is important to formulate a long range
plan that focuses on opportunities to protect and re-vitalize the neighborhood.
While the Comprehensive Plan (Update) will provide general overall direction and goals for the City, a
neighborhood plan will focus on the needs of a specific community and a recommended plan of action.
The proposed agreement with Hawes, Hill and Patterson Consultants will result in a neighborhood plan that will
serve as a guide to the residents and the City on the future economic and physical development and social issues
and opportunities within the community. Key features of the agreement are;
. Meet with City and community leaders to gather information
. Host four community meetings
. Inventory and prioritize needs and goals; prepare action plan to accomplish goals
. Present draft neighborhood plan for discussion/input by Northside community
. Participate in a working session with City Council to discuss the plan and the planning process
The fee for services is a lump sum amount of $10,000 plus reimbursable expenses estimated at $2,000 which will not be
exceeded without additional authorization. The recommended source of funds is Fund 036, the Economic Development
Fund.
Staff recommends approval of Ordinance No. authorizing the City Manager to execute a professional services
agreement with Hawes, Hill and Patterson Consultants authorizing $12,000 from Fund 036, the Economic Development
Fund.
Action Required by Council:
Consider approval of Ordinance No. authorizing the City Manager to execute a professional services agreement with
Hawes, Hill and Patterson Consultants authorizing $12,000 from Fund 036, the Economic Development Fund.
Availability of Funds:
General Fund_ WaterlWastewater
_ Capital Improvement_ General Revenue Sharing
...x.. Other (Economic Development Fund)
Account Number: 036-6061-565-2075 Funds Available: X YES
e
ORDINANCE NO. 99-13 ~ '1
e
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR CONSULTING
SERVICES BETWEEN THE CITY OF LA PORTE AND HAWES, HILL AND PATTERSON
CONSULTANTS, L.L.P., FOR PREPARATION OF A NEIGHBORHOOD PLAN
APPROPRIATING $12,000 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or other
undertaking described in the title of this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized
to execute such document and all related documents on behalf of the City of La Porte. The City Secretary
is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents.
City Council appropriates the sum of $12,000 from the Economic Development Fund to fund said
contract.
Section 2. The City Council officially fmds, determines, recites, and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this 26th day of July, 1999.
a;2A~A
By:
~tt. ~UJJj
Martha A. Gillett
City Secretary
Norman L. Malone, Mayor
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HAWES HILL & PATTERSON CONSULTANTS, L.L.P.
Land Development and City Planning Services and Development Financing for the
Private and Public Sectors
P.O. Box 22167
Houston, Texas 77227
(713) 541-0447 or (713) 541-9906
CONTRACT FOR CONSULTING SERVICES
This contract is by and between Hawes Hill & Patterson Consultants, L.L.P. (Consultant) and the
City of La Porte (Client) for the services described below.
I. SCOPE OF SERVICE
The Consultant will provide the following consulting services:
A. Prepare a Neighborhood Plan for Northside Community of La Porte
The purpose ofthe Neighborhood Plan is to guide the residents and
stakeholders of the Northside community and the City in their collective
decision-making on future economic development, physical development,
and social issues and opportunities within the Northside community.
The Neighborhood Plan will provide a basis in which to make decisions
on the future improvement, growth and economic development of
the Northside community.
B. The Neighborhood Planning process will include the following tasks:
. With assistance from City Council and City staff, the Consultant will identifY
and meet with key community leaders (formal and informal) to assess social
capital and to collect initial information regarding history, sense of community,
economic and political climate and quality of life in the Northside community.
The Consultant will facilitate at least four (4) community meetings to
accomplish the following:
(1) Introduce and explain the concept of comprehensive neighborhood
planning and to build consensus toward a common vision for the Northside
community.
(2) Facilitate identification and prioritization of needs and goals and categorize
them according to the entity that may be able to fulfill them (e.g.
city/county government, social service agencies, neighborhood-based
organizations), funding source, and necessary actions to accomplish the
goals.
(3) Present draft of Neighborhood Plan for discussion, input, and revisions by
Northside community residents and stakeholders.
Northside Community - LaPorte, Texas
Hawes Hill & Patterson Consultants
July 9, 1999
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(4) Participate in working session with City Council to discuss the
Neighborhood Plan and planning process.
c. The Neighborhood Plan document will include the following elements:
. Urban Design. The Consultant will identifY opportunities for beautification,
blight removal, improvements to public safety and security, and recommended
improvements to public property.
. Infrastructure. The Consultant will identifY water, sewer, and drainage
infrastructure improvements necessary to improve the quality of life of the
residents and to support appropriate land development or redevelopment;
. Transportation. The Consultant will identifY mobility issues, street/traffic
infrastructure improvements, and ingress/egress within the community.
. Land Development/Redevelopment. The Consultant will identifY opportunities
for commercial and residential land development and redevelopment
opportunities, as appropriate, including methods to encourage appropriate
development. A complete analysis of existing land uses and zoning
designations will be provided. An analysis of parks/open space needs and
opportunities will be provided.
. Social Factors/Community Engagement. Through the process of community
engagement, education, consensus-building and capacity-building, the
Consultant will facilitate the identification and analysis of common perceptions,
needs, and priorities regarding quality-of-life issues in the Northside
community. From this process, the Consultant will compile an inventory of
assets and resources (government and non-government) as well as proposals
for strategic actions that would support and enhance continued community
participation, thereby contributing to successful implementation of the
Neighborhood Plan. In addition, the Consultant will provide follow-up
technical assistance to the Northside community as required, following
approval and adoption of the Neighborhood Plan.
. Implementation of the Neighborhood Plan/Action Plan. The Consultant will
identifY the community's goals and its vision for the future. The Consultant
will identifY methods to implement the Neighborhood Plan and achieve the
community's goals to realize the community's vision for the future, including
but not limited to, funding sources, capital improvement planning, and
engagement of entities outside the City.
Northside Community - LaPorte, Texas
Hawes Hill & Patterson Consultants
July 9, 1999
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II. INVOICING AND PAYMENT
ProfessionallFee
The professional fee for the scope of service described above shall be performed for a flat
fee of~ not including out-of-pocket expenses.
.$ 10; 000
Reimbursable Expenses
In addition to the professional fee, actual expenses will be billed, including but not limited
to prints and reproductions, graphics, art supplies, postage, deliveries, long distance
telephone calls, parking fees, travel and lodging, and public notices. Automobile use
directly attributable to this project will be charged at the current Internal Revenue Service
(IRS) rate. The Consultants will make every effort to keep reimbursable expenses at a
minimum. The Consultant shall keep a full and documented accounting of all funds
expended with receipts. Reimbursable expenses shall not exceed $2,000 without further
authorization.
Invoicing
The Consultant will invoice the Client for $2,500 upon acceptance of this contract.
Reimbursable expenses will be billed monthly. Final payment of$7,500 plus all
outstanding expenses will be invoiced upon approval of the Neighborhood Plan by the
Client.
III. ANTICIPATED LENGTH OF PROJECT
It is anticipated that this project will be completed within 120 days from acceptance of this
contract agreement. The project may be extended and the scope expanded by mutual
agreement of both parties.
IV. GENERAL TERMS
Hawes Hill & Patterson Consultants shall conduct itself in a professional manner when
representing the Client and shall make every effort to conduct the business affairs of the
Client in a timely manner.
V. TERMINATION
Either party may terminate this agreement by giving a thirty (30) day written notice. If
this agreement is terminated, the Consultants shall be paid for all work performed up to
the date of termination based on a pro-rated schedule as determined by the Client.
Northside Community- LaPorte, Texas
Hawes Hill & Patterson Consultants
July 9, 1999
3
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VI. ACCEPTANCE
When executed by both parties, this contract shall evidence the entire agreement, and shall
constitute a notice to proceed, unless otherwise designated by Client in writing. This
document is being executed in two (2) counterpart originals, each of which has the full
force and effect of an original. Please signify your agreement and acceptance by signing
below where indicated and return one copy to Hawes Hill & Patterson Consultants.
This contract is made and entered into in Harris County, Texas and venue for all purposes
shall be in Harris County, Texas.
AGREED AND ACCEPTED THIS L(p..rJ... DAY OF :1u1y- 1999.
~~
David W. Hawes
General Partner
Q~ \, ~
Ro bert Herrera
City Manager, City of La Porte
Northside Community - LaPorte, Texas
Hawes Hill & Patterson Consultants
July 9, 1999
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: S. Gillett
Julv 26. 1999
'ifd~rtm.nt:
Public Works
Agenda Date Requested:
xxx Report _ Resolution _ Ordinance
Exhibits: Proposed Contract with Uretek USA
SUMMARY & RECOMMENDATION
The City of La Porte has received a proposal from Uretek USA for an annual contract to provide the pressure
injection of high-density polyurethane beneath concrete streets to underseal and raise slabs to original grade.
This process, used by the City since 1993, has been successful in restoring streets to original grade, correcting
drainage problems, and eliminating voids beneath concrete streets. This process was first used in La Porte to
correct Copeland Drive in early 1993.
Uretek USA has proposed to furnish all labor and materials to place the product for six dollars per pound
($6.00/ lb.), which is an increase of $1.00 per pound over 1993 pricing. Total annual usage is estimated at
$50,000. The proposed contract will require the city to declare Uretek USA as a sole source, due to patent and
licensing of this product. Under state law, Council is authorized to do so when".. .items are available from
only one source due to patents, copyrights, secret processes, or natural monopolies."
Action Required by Council: Declare Uretek USA as a sole source and authorize the City Manager to execute
an annual agreement with Uretek USA at a cost of $6.00 per pound.
Availability of Funds:
X General Fund_ Water/Wastewater
_ Capital Improvement
Other
Account Number: 001-7071-531-4015 Funds Available: X YES NO
7..zz-AC}
Date
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SERVICE CONTRACT FOR UNDERSEALING AND LIFTING
USING THE URETEK METHOD
T.HE STATE OFTEXAS
Contract No:
This Contract, hereinafter referred to as the "Contract," made and entered into as of the
date last specified herein by and between City of La. ?eu-t..(hereinafter referred to as
"Client") principally situated in .tI~/s County and URETEK USA, Inc. (hereinafter
referred to as "Supplier').
The initial address.es for the parties shall be'as follows:
URETEK US~, Inc.
9422 Hammerly
Houston, Texas 77080
(713)973-0125
WITNESSETH:
WHEREAS, the Client wishes to undertake a program of High Density Polyurethane
Undersealing and Lifting of Concrete using THE URETEK METHOD@.
WHEREAS, the Client desires to secure the performance of these services, by
highly. trained, skilled persons while utilizing its own resources in order to reduce the
overall cost; and
WHER~S, the Supplier desires to provide such services in exchange for the fee
hereinafter specified;
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NOW, THEREFORE, for and in the consideration of the premises and mutual covenants,
herein contained, it is agreed as follows:
ARTICLE I
ScoDe of Services
The Supplier shall supply all supervision, labor, materials, supplies, insurance, and
equipment necessary for the performance of the work described herein in accordance with
the terms and provisions herein as set out in Exhibits "A", "B" and "C" attached hereto,
incorporated herein by reference and made a part of this Contract for all purposes.
ARTICLE II
Term of Performance
This Contract will extend for a twelve (12) month period beginning upon issuance of a
Written Notice to Proceed from the Client. The services required shall begin within thirty
(30) days after such Notice to Proceed. The Contract may be extended for two additional
twelve (12) month periods at the Client's option.
ARTICLE III
Payment and Comoensation
For and in consideration of performance of the services specified under this Contract,
Client agrees to pay and Supplier agrees to accept the fees stated in Exhibit liB., Fee
Schedule, incorporated herein by reference and made a part of this Contract for all
purposes. Payment is due thirty (30) days after submission of an invoice for services
performed satisfactorily.
The Supplier shall submit to the Client weekly invoices during the period in which the
services are performed for which payment is requested. The Client shall pay the invoiced
amount within thirty (30) days of submission of an invoice for services performed
satisfactorily.
ARTICLE IV
Termination
A. Termination bv Client for Convenience
The Client may terminate this Contract at any time upon thirty (30) days notice in
writing to the Supplier. Upon receipt of such notice, Supplier shall, unless the notice
directs otherwise, discontinue all services in connection with the performance of this
Contract and shall proceed to cancel promptly all existing orders and contracts insofar
as such orders or contracts are chargeable to this Contract. As soon as practicable
after receipt of notice of termination, the Supplier shall submit a statement to the Client
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showing in detail the services perfonned under this Contrad to the date of termination.
The Client agrees to compensate the Supplier fa" that portion of the prescribed charges
for which the services actually performed under this Contrad prior to termination
notice.
Upon expiration. or termination, or cancellation of this Contrad, the Supplier shall be
permitted ten (10) days within which to remove Supplier-owned material and
equipment from the Clienfs premises. This time period may be extended upon approval
by the Client
B. Termination bv Client for Cause
The Client may terminate the Suppliers performance of services under this Contract
in the event of default by the Supplier and a failure by the Supplier to cure such default
after receiving notice thereof. as provided in this subsection. Default by the Supplier
shall occur if the Supplier fails to observe or perform any of its duties under this
Contract. Should such a default oCcur. the Client may deliver a written notice to the
Supplier deScribing such default and the proposed date of termination. Such date may
not be sooner than the thirtieth (30th) 'day following receipt of the notice. The Client
at its sole option. may extend the proposed date of termination to a later date. If the
Supplier cures such default prior to the proposed date of termination. then the
proposed termination shall be ineffective. If the Supplier fails to cure such default prior
to the proposed date of termination. then the Client may terminate the Suppliers
performance under this Contract as of such date.
1. The following are hereby defined as events of default whether occurring independently
or severally:
a. Failure of the Supplier to perform or observe any of the other obligations,
covenants, agreements. and conditions required to be performed or observed under
this Contract; or
b. The dissolution or liquidation of the Supplier. the filing of a voluntary petition or
bankruptcy by the Supplier, the adjudication of the Supplier as a Bankrupt; an
assignment for the benefit of creditors by the Supplier. the entry into an agreement
of composition with its creditors by the Supplier, the approval by a court of
competent jurisdiction of any petition or other pleading in any action seeking
reorganization. arrangement. adjustment. or composition of or in respect of the
Supplier under the Federal Bankruptcy Act or any similar State or Federal law; or
the appointment of a receiver. trustee or other similar official for Supplier or its
property. unless within sixty (SO) days after such appointment the Supplier causes
such appointment to be stayed or discharged.
2. Upon the effective date of termination as contained in the notice. the Supplier shall,
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unless the notice directs otherwise. immediately discontinue all service in connection with
this Contrad and shall proceed to cancel promptly all existing orders and subcontracts
insofar as such orders or subcontracts are chargeable to this Contract. As soon as
practicable after the effective date of the notice of termination, the Supplier shall submit
an invoice showing in detail the services performed under this Contract to the date or
termination The Client shall then pay the Supplier for that portion of the prescribed fees
for which services were actually performed under this Contract prior to termination notice.
ARTICLE V
Indemnification and Insurance
A Indemnification
1 . The Supplier covenants that it and all of its agents, servants,
employees,subcontractors and independent Contractors, will use due care and diligence
in all of its or their activities and operations authorized by this Contract. The Supplier
hereby agrees to indemnify the Client for all damages to property and injuries to persons
which shall be caused directly or indirectly by any act or omission on the part of the
Supplier, its agents, servants, employees. or.independent contractors in the performance
of this contract. The Client at its election. 'shall have the right to participate in any such
negotiations or legal proceedings to the extent of its interest therein. Client will promptly
forward to Supplier every demand. notice, summons or other process received by Client
for or pertaining to any claim or legal proceeding contemplated herein.
2. The Client hereby agrees to release the Supplier from liability to the Client for
damages relating to utilities. concrete curbs, sprinkler systems. landscaping or subsoil
conditions unless damages were proximately caused by the negligence of Supplier.
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B. Insurance
The Supplier shall carry and maintain throughout the period of this Contract workmen's
compensation insurance as required by law and Exhibit DC., comprehensive general
liability insurance, including contradualliability and comprehensive automobile liability
insurance with a company or companies satisfactory to the Client Such coverage shall
have minimum limits of liability or not less than the following amounts:
1. Comorehensive oeneralliabilitv insurance includino contractual liability:
Bodily injury
Property damage
$500,000 per occurrence
$500,000 per occurrence
2. Comprehensive automobile liability insurance:
Bodily injury $500,000 per person,
$500,000 per occurrence
Property damage $500,000 per occurrence
The Client shall be added as an additional insured on all policies required herein. The
above described policy or policies shall contain a provision that the Client will be given
not less than thirty (30) days written notice in advance of cancellation or modification
of such policy or policies. The Supplier shall furnish to the .Client a certificate or
certificates of insurance evidencing the required coverage. Such certificate or
certificates shall be submiitted to the office of the Client. Notwithstanding any other
provision for termination herein, this Contract may be immediately canceled by the
Client if this insurance should be canceled or modified in a manner inconsistent with
this Contract.
If any part of the work is sublet, similar insurance shall be provided by or in behalf of
the Subcontractor to cover their operations. Evidence of such insurance, satisfactory
to the Client shall be furnished by the Supplier. In the event a Subcontractor is unable
to furnish insurance in the limits required under the Contract, the Supplier shall
endorse the Subcontractor as an Additional Insured on his policies including Workers'
Compensation and Employer's Liability.
ARTICLE VI
Force Maieure
The term Dforce majeureD as used herein means any war, blockade, public riot, lightning,
fire, storm, flood, or explosion.
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If because of force majeure any party hereto is rendered unable, wholly or in part. to carry
out its obligations under this Contract, then such party shall give to the other party prompt
written notice of the force majeure with reasonable full details concerning it Thereupon
the obligations of both parties, so far as they are affected by the force majeure, shall be
suspended during, but no longer than, the continuance of the force majeure.
ARTICLE VII
Non-Waiver
The failure of either party hereto to insist, in anyone or more instances, upon performance
of any of the terms, covenants or conditions of this Contract, shall not be construed as a
waiver or relinquishment of the future performance of such term, covenant or condition by
the other party hereto, but the obligation of such party with respect to such future
performance shall continue in full force and effect.
ARTICLE VIII
Remedies Cumulative
The rights and remedies contained in this ,Contract shall be exclusive.
ARTICLE IX
Address and Notice
Unless Otherwise provided in this contract, any notice, communication, request, reply or
advice (herein severally and collectively, for convenience, called "noticen) herein provided
or permitted to be given, made or accepted by any party to the other must be in writing and
may be given or served by depositing the same in the United States mail, postpaid and
registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party, or by prepaid telegram,
when appropriate, addressed to the party to be notified. Notice deposited in the United
States mail in the manner herein above described shall be conclusively deemed to be
effective, unless otherwise stated in this Contract, from and after the expiration of three (3)
days after it is so deposited.
Notice given in any manner other than that stated herein shall be effective only if and when
received by the party to be notified. For the purpose of notice, the addresses to the parties
shall, until changed as herein above provided, be as stated in the preamble, page 1 of 9,
of this Contract.
Each party shall have the right at any time to change its respective address and each shall
have the right to specify as its address any other address, provided that at least ten (10)
days written notice is given of su.ch new address to the other party.
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ARTICLE X
Independent Contractor
The relationship of the Supplier to the Client, shall be that of an independent contractor,
and no principaf-agent or employer-employee relationship is created by this Contract. By
entering into this Contract with the Client, the Supplier acknowledges that it will, in the
performance of its duties under this Contract, be acting as an independent contractor and
that no officer, agent or employee of the Supplier will be for any purpose an employee of
the Client and that no officer, agent or employee of the Supplier is entitled to any of the
benefits and privileges of a Client employee.or officer.
ARTICLE XI
Governina Law
This Agreement is subject to and shall be construed in accordance with the laws of the
State of Texas, the laws of the federal government of the United States of America and
the rules and regulations of any regulatory body or officer having jurisdiction. This Contract
is to be performed in the County of Victoria, State of Texas.
ARTICLE XII
Severabilitv
If any provision of this Contract shall be determined to be legally invalid or unenforceable,
such .invalidity or unenforceability shall not affect the whole -Contract; but the whole
Contract shall be construed as if not containing the provision, and the rights and
obligations of the parties shall be construed and enforced accordingly.
ARTICLE XIII
Caotions
The captions at the beginning of each article of this Contract are guides and labels to
assist in locating and reading such articles, and therefore will be given no effect in
construing this Contract and shall not be restrictive of the subject matter of any article,
section or part of this Contract.
ARTICLE XIV
Eaual Emoloyment Ooportunity
The Supplier agrees to comply fully with the provisions of the Equal Employment
Opportunity Act, incorporated herein by reference and made a part of this Contract for all
purposes.
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.ARTlCLE xv
Successor and Assian
This Contract shall bind and benefit the respective parties and their legal successors and
shall not be assignable, in whole or in part, by any party hereto without first obtaining the
written consent of the other party. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the Client or the Supplier.
ARTICLE XVI
Amendment or Modification
Except as otherwise provided in this Contract, this Contract shall be subject to change.
amendment or modification only by the mutual written consent of the parties hereto.
ARTICLE XVII
Ambiauities
In the event of any ambiguity in any of the terms of this Contract. it shall not be construed
for or against any party hereto on the basis that such party did or did not author the same.
ARTICLE XVIII
Parties in Interest
This Contract shall not bestow any rights upon any third party, but rather, shall bind and
benefit the Client and the Supplier only.
ARTICLE XIX
Acceptances and Approval
Any acceptance or approval by the Client, or its agents or employees shall not constitute
nor be deemed to be a release of the responsibility and liability of the Supplier or its
employees, agents, subcontra~ors or suppliers for the accuracy, competency and
completeness of any reports. information or other documents prepared or services
performed pursuant to the terms and conditions of this Contract. Such acceptance or
approval shall not be deemed to be an assumption of such responsibility or liability by the
Client or its agents and employees for any defect, error or omission in any report.
information or other documents prepared or services performed by the Supplier, its
employees. agents. or subcontractors.
ARTICLE XX
Interest of Public Officials
The Supplier represents and warrants that no employee or official of the Client is or will
be pecuniarily interested or benefited directly or indirectly in this Contract. The Supplier
further represents and warrants that it has not offered or given gratuities (in the form of
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entertainment gifts, othelWise) to any employee or official of the Client with a view toward
securing favorable treatment in the award of this Contract, nor shall it give or offer such
gratuities to any employee or officiaJ of the Client with a view toward securing favorable
treatment with respect to any future amendments, if any. to this Contract or evaluations of
its. performance hereunder.
ARTICLE XXI
Patents
The Supplier agrees to indemnify and leave harmless the Client and all Client employees
and officers from all suits and all actions of every nature and description brought against
them or any of them, for or on account of the use of patented appliances and/or products
of processes be the Supplier in the execution of this contract. The Supplier shall pay all
royalties and charges which are imposed by any party for use of such patented appliances
and/or products of processes. Evidence of such payment or satisfaction shall be submitted,
upon request of the Client,. as a necessary requirement in connection with the final
estimate for payment in which such patented appliance and/or products of processes are
used.
ARTICLE XXII
Venue
F or purpose of this Contract, venue shall be in the County of
., State of Texas.
ARTICLE XXIII
Survival
The expressed or implied provisions of this Contract which contemplate or require
performance after the termination or expiration of operations hereunder shall survive such
expiration or termination.
ARTICLE XXIV
Representation
The Supplier represents that it and its employees, agents and subcontractors are fully
competent and qualified to perform all the services required to be performed under this
Contract. The Supplier further represents that it is experienced in this type of service and
that all services to be performed hereunder shall be of the highest professional quality.
ARTICLE XXV
Entire Aareement
This Contract contains all the agreements of the parties relating to the subject matter
hereof and is ~he full and final expression of the agreement between the parties.
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IN TESTIMONY OF WHICH this instrument has been executed by and on behalf of the
Supplier on this /::~ day of A;~"'G f- . 19 'J CJ . and has
been exearted on behalf of the Client and attest d by its Seal this 1.(, -#-
day of july . 19. qi~ .
Client Supplier.
URETEK US~ ~. /
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CITY OF LA PORTE
BY: G<~ 1"', ~
Robert T. Herrera, City Manager
ATTEST :1Y}r1&f:Ir\~ J1 A 1111.)..
Martha Gillett, City Secretary
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Exhibit "A"
Scope of Services
1.1 Scope of Work:
Supplier shall furnish all supervision, labor, materials, equipmenlw insurance, tools
and equipment necessary to complete the undersealing and realignment of concrete
using THE URETEK METHOOO.
1.2 Frequency of Work:
Work shall be performed on an lias needed" basis at the locations specified in each
individual work order issued by the Client or his designated representative.
1.3 Notice to Proceed:
The Supplier shall begin work within thirty (30) days after receipt of work order. All
work shall be performed between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, excluding holidays unless otherwise agreed to by Client and
Supplier.
1.4 Responsibilities of the Client:
a. Remove all overlays when required.
b. Provide parking control if the work is being carried out on a street with curb side
parking.
c. Provide traffic control equipment and personnel as required.
d. Provide all clean-up of the area of undersealing and realignment.
1.5 Responsibilities of the Supplier:
Using the Supplier furnished equipment. Supplier's trained and certified technicians
shall inject URETEK 486 high density polyurethane to undersea', fill voids and
realign concrete to required elevations.
1.6 Patents and License:
URETEK USA, Inc. is the exclusive licensee of THE URETEK METHOD@ in the
United States. THE URETEK METHOO@ is patented and entitled to protection as
a patented process.
1.7 Warranty:
The Supplier warrants URETEK 486 polyurethane for a period of ten (10) years
against shrinkage or deterioration. During the warranty period the Supplier shall
replace any materials that fail to perform as warranted.
1.8 General Condition:
The Supplier shall not be liable for damages to utilities, concrete curbs, sprinkler
systems or landscapings. Supplier shall not be liable for subsoil conditions which
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could cause slab shifting in the future.
1.9 Material Safety Data Sheet
The Supplier win submit Material Safety Data Sheets (OSHA Form 174).
manufacturer's safety data sheets, or such other sheets which contains the same
information as the OSHA Form 174. Each sheet submitted should be identified by
the Supplier's complete company name and contrad number. Additionally. a
Material Safety Data Sheet (MSDS) will be kept available on all injection unit trucks.
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1.1 Fees.
Exhibit "B"
Fee Schedule
(1) U"'etek486 P lyurethan $6.00 oer oound
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EXHIBIT "e"
WORKERS' COMPENSATION INSURANCE COVERAGE
1. Workers' Compensation Insurance Coverage
A Definitions:
Certificate of coverage (-certificate.) - A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83,. or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from he beginning of the work on the
project until the contractors/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in g406.096) - includes
all persons or entities performing all. or part of the services the contractor has
undertaken to perfonn on the project,' regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services. include, without limitation, providing, hauling, or delivering equipment or
materials, . or providing labor, transportation, or other service related to a project.
"Services. does not include activities unrelated to the project, such as foodlbeverage
vendors, office supply deliveries, and delivery of portable toilets.
8. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
which meets the statutory req~irements of Texas Labor code, Section 401.011 (44)
for all employees of the contractor providing services on the project, for the duration
of the project.
C. The contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior to the
end of the coverage period, file. a new certificate of coverage with the governmental
entity showing that coverage has been extended.
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E. The contractor shaJl obtain from each person providing services on a project.
and provide to the governmental entity:
(1.) a certificate of coverage, prior to that person beginning work on the
project. so the governmental entity will have on file certificates of coverage
showing coverage for all persons providing services on the project; and
(2.) no later than seven days after receipt by the contractor. a new certificate
of coverage showing extension of coverage. if the coverage period shown on
. the current certificate of coverage ends during the duration of the project.
F. The contractor shall retain aU required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should ha~e known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The contractor shall post on e~ch project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, attached
hereto as Attachment 1 informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
I. The. contractor shall contractually require each person with whom it contracts
to provide services on a project to:
(1.) provide coverage. based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its
employees providing services on the project. for the duration of the project;
(2.) provide the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project. for the duration of
the project;
(3.) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
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(4.) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b.) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage periodj if the coverage period, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
(5) retain all required certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially' affects the provision of coverage of any person
providing services on the projec~; and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, . . the contractor "is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project, that the coverage
will be based on proper reporting of classification codes and payroll amounts, and
that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self-insured, with the commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
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ATTACHMENT 1 - JOB SITE NOTICE
REQUIRED WORKERS' COMPENSATION COVERAGE
The law requires that each person working 00 this site or providing services related to this
cOnstruction project must be covered by workers' compensation insurance. This includes
persons providing, hauling, or delivering equipment or materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee.
!
Call the Texas Workers' Compensation Commission at 512-440-3789 to receive
information on the legal requirement for coverage. to verify whether your employer has
provided the required coverage, or to report an employer's failure to provide coverage.
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REOUEST FO' CITY COUNCIL AGENDA ITEM ·
Agenda Date Requested: Julv 26. 1999
Requested By: S. Gillett ~.rtment: Public Works
:xx Report _ Resolution _ Ordinance
Exhibits:
Change Order No.3
Project Report and Budget
SUMMARY & RECOM:MENDATION
The Fleet Fueling Facility Project includes the removal of three (3) ten thousand gallon underground storage
tanks at Public Works. During the removal process, severe soil contamination was encountered. This
contamination was probably caused by an underground piping leak from the tanks to the fuel island that
occurred over ten years ago. The Contractor, DNB Enterprises, Inc. immediately remediated the site as outlined
in the contract documents.
Change Order No.3 is required to finalize the Project, totaling $73,650.95. This will increase the total contract
price from $31,538.80 to $105,189.75. Additionally, the original Project Budget1Q!:J:enmya1 totaled $60,000.00
An additional authorization of$45,189.75 is required to fund Change Or6ef1ifu. 3. The funds are available in
the Project Contingency, which has $74,780.00 available. The attached report outlines the history of the
Project, and summarizes the original and proposed revised budget.
Action Required by Council: Approve Change Order No. 3 in the amount of $73,650.95 and authorize an
additional $45,189.75 from the Project Contingency to fund the change order.
Availability of Funds:
General Fund Water/Wastewater
X Capital Improvement
Other
Account Number: 015-9892-751-5160 Funds Available: X YES NO
7- ;l.;). '0/1
Date
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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACl'OR
ON THE BASIS OF A STIPULATED PRICE
TBlSAGREEMENTisbyandbetween City of I nPortp, Tpy-"lC:
(hereinafter called OWNER) and We i s i naer Watp.r Wp.II. T nr-
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
." ...
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.. . ..
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as fonows:
Auxiliary Diesel Power Unit at Water Well #5
ARTICLE 2 - THE PROJECT ......
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as fonows: .
Auxiliary Diesel Power Unit at Water Well #5
ARTICLE 3 - ENGINEER
3.01 TheProjecthasbeendesignedby Claunch & Miller, Inc.
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities.
and .have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the
Work in accordance with the Contract Documents.
00500-1
"
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4.03 Liquidaled Damages
A. CONTRACTOR and OWNER recognize that time is of the essence. of this Agreement and that OWNER will III
suffer financial loss if the Work is not completed within.the times specified:in paragraph. 4.02: above, ,plus anyexfensions
thereof allowed in accordance with Article 12 of the General COnditioDS. . The:paities:alsO 'recognize the delays, ex~ and _
difficulties involved in proving in a legal or arbitratioo.'proceeding.the actiW IDss su{fered by..:OWNER'if the Work is'not . ~
completed on time. .. Accordingly, instead of requiring any such proof; OWNER: and' CONTRAcrOR .agree that as liquidated' ,. .; .
damages for delay (1)ut not as a penalty), CONTRACTOR shall.pay OWNERS 250:...00:.:. ..: ':for.each"day that expires after: .:.....
the .time specified in paragraph 4.02 for Substantial Completion qntil the. Work inubstantiaIly:eomplete. ""After .Substantial: pa
Completion, if CONTRACTOR shal1 neglect, refuse, or fail to complete the remaining Work within the C9ntract Time or any .
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for each day that expires
after the time specified in paragraph 4.02 for completion and readiness for final payment UDlil the Work is completed and ready _
for fmal payment. ...
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ARTICLE 4 - CONTRACT TIMES
4.01 7ime of the Essence
A. AU time limits for Milestones, if any, Substantial Completion, and completion and readiness for fiDaJ payment
as stated in the Contract Documents are of the essence of the Contract.
4.02 Dales for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before " and
completed and ready for fmal payment in accordance with paragraph 14.07 of the Gelu:ra1 Conditions on or before
(or)
4.02 Days to A.chieve Substantial Completion and Final Payment
A. The Work will be substantially completed within 90 days after the date when the Contract Times
commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in
accordance with paragraph 14.07 of the General Conditions within 90 days after the date when the Contract Times
commence to run.
1.
NOTE TO USER . '.
Where failure to reach a Milestone on time is of such consequence thoJ the assessment of
liquidated damlJges for failure 10 reach one or more Milestones on time is to be provided,
appropriale amending or supplementing language should be insened here.
00500-2
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ARTICLE 5 - CONTRACT PRICE
'\ 5.01 OWNER sbaIl pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount
in current funds equal to the sum of the amounts determined pursuant to paragraphs S.01.A, S.01.B, and S.01.C below:
A. For aU Work other than Unit Price Work, a Lump Sum of:
Sixty One Thousand, One Hundred and Fifty
(use words)
($ 61 , 150.00)
(figure)
. All specific cash allowances are included in the above price and have been computed in accordance with paragraph
11.02 of the General Conditions.
B. For aU Unit Price Work, an amount equal to the sum of the established unit price for each separately identified
item of Unit Price Work times the estiinated quantity of that item as indicated in this paragraph S.Ot.B:
UNIT PRICE WORK
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J.1.Dn
Estimated
Ouanti\)'
Unit Price
Total
Estimated
: .' . : r" '0' '1
.. ,... : :~.; ,.. .. ,; :..,...; .(- ',.',' " .
......
. .~..: . ,", .
TOTAL OF ALL UNIT PRICES
$
(dollars)
(use words)
As provided in paragraph 11.03 of the General Conditic?DS, estimated quantities are not guaranteed, and
determiJJatioDS of actual quantities and classificatioDS are to be made by ENGINEER as provided in paragraph 9.08 of the
General ConcIitioDS. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.
C. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
NOTES TO USER
1. q adjustment prices for variatioru from stipul/lled BDSe Bid quantities have been agreed to,
iruen appropriate provisioru. See BF-4.
2. Depending upon the particular project bid form used, use A-S.OI.A alone, A-S.OI.A and
A-S.Ol.B together, A-S.OI.B alone, or A-S.OI.C alone, deleting those not used and
renumbering accordingly. If A-S.OI.Cis used, CONI"RA.crOR's Bid is oltached DS an exhibit
and listed in A-9.
00500-3
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ARTICLE' - PAYMENT PROCEDURES
6.01 Subminal and Processing of PaymenlS
A. CONTRACfOa sba11 submit Applications for Payment in acc:ordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER. as provided in the General Conditions.
6.02 Progress PaymenlS; RelailUlge
A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment On or about the day of each month during performance of the Work as provided in
paragraphs 6.02.A.l and 6.02.A.2 below. All such payments will be measured by the schedule of values establisliecl in
paragraph 2.07.A of the General ConditiODS (and in the case of Unit Price Work based On the number of units completed) or,
in the event there is DO schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage
indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER
may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
a. _" of Work completed (with the balance being retainage). If the Work has been SO~
completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory
to OWNER. and ENGINEER, OWNER, on recomml!ndation of ENGINEER, may determine that as long as the
character and progress of the Work remain satisfactory to them, there will be no retaiDage on accounl of Work
subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be
in an amount equal to 100" of the Work completed less the. aggregate of payments previously made; and
b.
retainage).
_" of cost of materials and equipment DOt incorpor~~ ,in the Work:(with the ,balance being.. .
" ':
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to . increase total paymcilts to
CONTRACTOR to _" of the Work completed, less. SUCh.iunolints as.ENq~R:shalI 'determine in accordance ., :
with paragraph 14.02.8.5 of the General Conditions and less _" of ENGINEER's estimate of the value of Work
to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to" the
certificate of Substantial Completion.
6.03 Final Payment
A. Upon fmal completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions,
OWNER sba1l pay the remainder of the Contract Price as recommP.Dded by ENGINEER. as provided in said paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General ConditiODS shall bear interest at the rate of
_" per annum.
00500-4
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ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR bas p-][llImine.d and carefully studied the Contract Documents and the other related data identified
in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost. progress, and performance of the Work.
. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may
affect cost, progress, and performance of the Work.
D. CONTRACTOR bas carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface stlUCtures at or
contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided
in paragraph 4.02 of the General Conditions and .(2) reports and drawings of a Hazardous Environmental Condition, if any,
at the Site which bas been ideimfied in the Supplementaly Conditions as provided in paragraph 4.06 of the General Conditions.
NOTE TO USER
1. 1/ the reports and/or drawings referred to in A-B.OI.D do not exist, either modify A-8. OI.D or delete
A-8.01:D and re1lll1nber accordingly.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional
or supplementaly examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface,
and Underground Pacilities) at or contiguous to the Site which may affect cost, progress, or perfonnance of the Work or which
relate to any aspect of the means, methods, techniques~. sequenc~s, and procedures of construction to be employed. by
CONTRACTOR, including applying the specific means, .methods; techniques, sequences, . and procedures of construction, if .
any, expressly required by the Contract Documents to be employed 1?Y CONTRACTOR, and safety. precautions and programs :
incident thereto ,.
NOTE TO USER
1. 1/ the reports and/or drawings referred to in A-B.OI.D do not exist, delete the phrase
-additional or supplementary. in the first sentence of A-B.Ol.E.
F. CONTRACTOR does not consider that any further examinations, investigations, explorations. tests, studies, or
data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that
relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR bas correlated the information known to CONTRACTOR, information and observations obtained
from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR bas given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR bas discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable
to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions
for performance and furnishing of the Work.
00500-5
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ARTICLE 9 - CONTRACT DOCUMENTS
9.01 ConteTIU
A. The Contract Documents consist of the following:
Iii
1.
This Agreement (pages 1 to 8 , inclusive);
2. Performance Bond (pages ~ to 2--, inclusive);
3.
Payment Bond (pages --1- to 2-., inclusive);
4.
Other Bonds (pages __ to _, inclusive);
a.
(pages to , inclusive);
--
b.
(pages to , inclusive);
--
c.
(pages to , inclusive);
--
s.
General Conditions (pages ~ to ~, inclusive);
6. Supplementary Conditions (pages -L- to ~, inclusive);
7.
Specifications as listed in the table of contents of the Project Manual;
III
-
.--- .
......
--
.--.-.~
III
..
.~
---.~
-
-
..--
-
-
----
---
:8. '.' Drawings Consisting of a cover sheet and sheets numberecJ": I 1. !:.:througb~, inclusive, with:eai:h sheet: .
bearing the following general title: ..;:.' ,.;:' . .. ....:, ::", 7'.: :-.~..:. . . . . .. .. _ .'~:. <. . ~
9.
Addenda (numbers to , inclusive);
-- .,
10. Exhibits to this Agreement (enumerated as follows):
a.
Notice to Proceed (pages _ to _, inclusive);
b.
CONTRACTOR's Bid (pages _ to _, inclusive);
c.
Documentation submitted by CONTRACTOR prior to Notic~ of Award (pages _ to _,
inclusive);
d.
11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are
not attached hereto:
a.
Written Amendments;
b. Work Change Directives;
c.
Change Order(s).
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise
above).
C. There are no Contract Documents other than those listed above in this Article 9.
00500-6
--
..-
--.l _.
_.-
---ol
..
- -.---
--.L
---4
--
-..l...-...
--to
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D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the
General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 A.ssignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party
hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and 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 the Contract Doculnents.
10.03 Successors tmd A.ssigns
A. OWNER 8nd CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the
other party hereto, its panDers. successors, assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.04 SeverabiUty
.. Ai' Any provision or part of the Contract Docwnents held to be void or unenforceable under any Law or Regulation
shan be deemed stricken, . and all remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be refonned to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close'as possible to expressing" the intention of the strieken provision.
10.05 Other Provisions
NOTE TO USER
1. Insert other provisions here if applicable.
00500-7
.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR or on their behalf.
NOTE TO USER
1. See 1-21 and co"elare procedures for format and signing between the two documents.
This Agreement will be effective on 6' LA , Y 2.. ~ , f1.1i (which is the Effective Date of the Agreement).
OWNER:
ByQcJ.~ ~ ~
[CORPORATE SEAL]
Attes01J.fJJJ:I!1t'u a I ~
Address for giving notices:
(If OWNER is a corporation , attach
evidence of authority to sign. If OWNER is a public
body, attach evidence of authority to sign and
resolution or other documents authorizing execution
of OWNER-CONTRACTOR Agreement.)
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
,.-
CONTRACTOR: .
~~a~~ ~Je\\
Attm{dJ~JltJt~
.LNG
....
Address for giving notices:
ad-co F:; VA-ViS
CCNt'LOC 7Y... 7.13~ /
--
!
,
License No.
)qq d \..d I
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative:
Name: S~otL Wel51'4ffC
Title:_\J,-c 1 Y~t'~I\:)l?NT
Address: d.~OO 6 'D AV '-5
CcY.llDe -n 7780/
Phone: J../ oct - 7SIo - ,7 ~ I
Facsimile: . J./(J q - 7Sfn - 7, d ~
00500-8
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FLEET FUELING FACILITY PROJECT
UNDERGROUND STORAGE TANK REMOVAL
The Fleet Fueling Facility Project includes the installation of three (3) ten thousand
gallon above ground fuel tanks, associated piping, paving and canopy at Public Works
and one (1) two thousand gallons above ground fuel tank at the Bay Forrest Golf Course.
Additionally, the Project includes the removal of one (1) one thousand gallon
underground storage tank (USn at the Golf Course, one (1) ten thousand gallon UST at
the Police Station, and three (3) ten thousand gallon UST's at Public Works.
The contract for removal ofUST's was awarded on December 28, 1998 to DNB
Enterprises, Inc. in the amount of$29,220.00. The City Council, recognizing that
unknown conditions could result in site remediation, authorized a budget of $60,000.00.
Removal of the Golf Course tank was accomplished on February 24, 1999. Due to
rainwater entering the excavation during soil testing, Change Order # 1 was authorized on
April 20, 1999, in the amount of$l,OOO.OO, to remove and dispose of500 gallons of
contaminated water. This increased the contract amount to $30,220.00.
Removal of the remaining tanks was delayed to allow for completion of the new Fleet
Fueling Facility. The Contractor removed the tank at the Police Department on May 17,
1999. Minor soil contamination was encountered, and additional concrete work was
required to close this site. Change Order #2 was authorized on July 7, 1999 in the
amount of$1,318.80. This increased the contract amount to $31,538.80.
The Contractor moved to Public Works on May 24, 1999 to begin removal. Because
over 5,000 gallons offuel remained in the tanks, removal was delayed. After one week
of inactivity, the Contractor moved his equipment to another site. The excess fuel took
an additional two weeks to use. The Contractor returned his equipment to Public Works
on July 3, 1999. This extra move resulted in a charge of$930.00. It was determined that
paying this charge was better than wasting 3000 gallons offuel and paying $2.00 per
gallon for disposal.
On July 6, 1999, the Contractor began removal operations at Public Works. Upon
removal of the concrete apron, it- immediately became apparent that major soil
contamination was present. A leak in the piping system over ten years ago apparently
allowed an unknown amount of diesel and gasoline to migrate through the original sand
backfill, resulting in 600 cubic yards of heavily contaminated soil. During removal
operations, several heavy rains filled the excavation, resulting in over 13,000 gallons of
contaminated water that required disposal.
Removal of contaminated water and soil was accomplished on July 15, 1999 and was
completed the following morning. Due to the City's ability to purchase select backfill
from Gulf States Materials (calcium sulfate) at a cheaper price that the Contractor, the
City purchased over 1,100 tons of select fill to backfill the excavation, with the
Contractor spreading and compacting with equipment on site. It has been determined that
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replacement of the concrete apron over the site is not necessary. City crews will pave the
site with asphalt, for a total savings of approximately $2,500.00.
Change Order #3 is required to fmalize the Project, totaling $73,650.95. This will
increase the total contract amount to $105,189.75. A total of $60,000.00 was authorized
for the Project. Attached is a Project Budget, showing expenditures for the Project. A
total of $74,780.00 is available in the Project contingency. An additional authorization of
$45,189.75 from the Project contingency is required to fund Change Order # 3. This will
complete the Fleet Fueling Facility Project. The revised Project Budget after approval of
Change Order # 3 is as follows.
DESCRIPTION
Design
Testing/Geotechnical
Construction
Golf Course Tank
Force Account/Misc.
Removal
Contingency
Project Total
ORIGINAL BUDGET
$ 40,000.00
10,000.00
300,000.00
16,250.00
21,700.00
60,000.00
74.780.00
$ 522,730.00
REVISED BUDGET
$ 40,000.00
10,000.00
300,000.00
16,250.00
21,700.00
105,189.75
29.590.25
$ 522,730.00
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CHANGE ORDER NO. 3
DATED Julv 21. 1999
ENGINEER's Project No. 3162-98
Project REMOVAL. REMEDIATION AND RESTORATION OF EXISTING
FACILITIES - PUBLIC WORKS SERVICE CENTER SITE
FOR THE CITY OF LA PORTE. TEXAS
CONTRACTOR DNB ENTERPRISES. INC.
Contract For $ 29.220.00
Contract Date JANUARY 15. 1999
To: DNB ENTERPRISES. INC.
CONTRACTOR
You are directed to make the changes noted below in the subject
Contract:
GJ.~ T. ~
OWNER, GITY OF LA PORTE, TEXAS
By:
Dated: Julv
19~
Nature of Changes:
1. REMOVE AND DISPOSE OF PRODUCT RESIDUE FROM TANKS
LUMP SUM $ 3,259.20
2. PROVIDE AND INSTALL ONE AREA DRAIN & TIE INTO
EXISTING 6" PVC DRAIN LINE
LUMP SUM
665.75 .
3. REMOVE AND DISPOSE OF CLASS 1 CONTAMINATED SOIL
600 CY REMOVED @ $65.00 $ 39,000.00
BOND & INSURANCE @ 5% 1,950.00
$ 40,950.00
Page 1 of 2
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4. ADDITIONAL MOBILIZATION OF MEN AND EQUIPMENT
TO JOB SITE
LUMP SUM $
5. REMOVE AND DISPOSE OF CONTAMINATED WATER
FROM TANK HOLE
13,260 GALS. @ $2.00
BOND & INSURANCE @ 5%
930.00
$ 26,520.00
1,326.00
$ 27,846.00
These changes result in the following adjustment of Contract Price
and Contract Time:
Contract Price Prior .to This Change Order
$
31.538.80
Net (Increase) (XXXXXXXXX Resulting from
this Change Order
$
73.650.95
Current Contract Price Including This
Change Order
$
105.189.75
Contract Time Prior to This Change Order
63 days
(Days or Date)
Net (Increase) (XXXXXXXX) Resulting from
This Change Order
5 DAYS
(Days)
Current Contract Time Including This
Change Order
68 DAYS
(Days or Date)
The Above Changes Are Approved:
H. Carlos Smith.
Engineers & Surveyors. Inc.
7/d. P:Z-
" 7~ ~
By:
Date:
JULY 21.
19~
The Above Changes Are Accepted:
DNB ENTERPRISES. INC.
CONTRACTOR
By:
Date:
JULY
19~
PAGE 2 OF 2
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CHANGE ORDER NO. 3
DATED Julv 21. 1999
ENGINEER's Project No. 3162-98
Project REMOVAL. REMEDIATION AND RESTORATION OF EXISTING
FACILITIES - PUBLIC WORKS SERVICE CENTER SITE
FOR THE CITY OF LA PORTE. TEXAS
CONTRACTOR DNB ENTERPRISES. INC.
Contract For $ 29.220.00
Contract Date JANUARY 15. 1999
To: DNB ENTERPRISES. INC.
CONTRACTOR
You are directed to make the changes noted below in the subject
Contract: .
G?~ T. ~
OWNER, CITY OF LA PORTE, TEXAS
By:
Dated: Julv
L(
19.aL
Nature of Changes:
1. REMOVE AND DISPOSE OF PRODUCT RESIDUE FROM TANKS
LUMP SUM $ 3.259.20
2. PROVIDE AND INSTALL ONE AREA DRAIN & TIE INTO
EXISTING 6" PVC DRAIN LINE
LUMP SUM
665.75
3. REMOVE AND DISPOSE OF CLASS 1 CONTAMINATED SOIL
600 CY REMOVED @ $65.00 $ 39,000.00
BOND & INSURANCE @ 5% 1.950.00
$ 40,950.00
Page 1 of 2
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4. ADDITIONAL MOBILIZATION OF MEN AND EQUIPMENT
TO JOB SITE
LUMP SUM $
930.00
5. REMOVE AND DISPOSE OF CONTAMINATED WATER
FROM TANK HOLE
13,260 GALS. @ $2.00
BOND & INSURANCE @ 5%
$ 26,520.00
1,326.00
$ 27,846.00
These changes result in the following adjustment of Contract Price
and Contract Time:
Contract Price Prior .to This Change Order
$
31.538.80
Net (Increase) (XXXXXXXXX Resulting from
this Change Order
$
73.650.95
Current Contract Price Including This
Change Order
$
105.189.75
Contract Time Prior to This Change Order
63 days
(Days or Date)
Net (Increase) (XXXXXXXX) Resulting from
This Change Order
5 DAYS
(Days)
Current Contract Time Including This
Change Order
68 DAYS
(Days or Date)
The Above Changes Are Approved:
H. Carlos Smith.
;?d~
By:
Date:
JULY 21.
19~
The Above Changes Are Accepted:
19~
PAGE 2 OF 2
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REQUEST ~R CITY COUNCIL AGEND~TEM
Agenda Date Requested: July 26, 1999
Requested By: Doug Kneupper ~
XXX Report Resolution
Department: Planning
Ordinance
Exhibits:
Proposal for Plan Review Services
Summary
Over the past 18 months there has been a dramatic increase in building and likewise building
penn it activity. Almost one year ago staff and administration responded by adding one new
Inspector position within the Inspection Services Division. That new position was filled and has
been making a positive impact with regard to the workload of the Inspectors and building pennit
turn-around. However, this new position is also required to assist with Code Enforcement
activities.
In an attempt to reduce the time required to review building plans and issue building pennits
staff has entered into an agreement with an outside plan review consultant. The consultant's
services cover residential and commercial projects. Typical turn-around times are three days and
five days for residential and commercial projects respectively. The fees associated with each
review project are reasonable. Staff intends to utilize this plan review service immediately.
Mr. Michael Hennan is very well qualified for this work and his company, Mikayla Architects,
has perfonned plan review work for the cities of Sugarland and Stafford and is currently
providing this service for the cities of Friends wood and Missouri City.
Action Required by Council:
None
Availability of Funds:
xx
General Fund
Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number: 001-9092-524-5007
Funds Available: XX Yes
No
Approved for City Council Agenda
~<\~
Robert T. Herrera
City Manager
l-~ -Q'1
Date
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PROPOSAL
PLAN REVIEW SERVICES
A. SCOPE OF SERVICES
Plan Review (Commercial and Residential)
Mikayla Architects will examine construction documents for compliance with the
following standards:
I. Standard Building Codes
II. Standard Plumbing Code
III. Standard Mechanical Code
IV. Standard Gas Code
V. Standard Fire Code
VI. National Electrical Code
VII. Life Safety Code
1994
1994
1994
1994
1994
1996
1997
(with local amendments)
(with local amendments)
Standardized checklists from SBCCI and NFP A will be utilized on all reviews.
B. COMPENSATION
Fees for services described in Section A will be based on Appendix B, Section BIOI of
the 1994 edition of the Standard Building Code. The building valuation shall be
determined with the aid of the most current Building Valuation Data table, as published in
the "Southern Building" magazine. Mikayla Architects shall collect thirty-five (35)
percent of this "pennit fee" or $150.00 which ever is greater, for each plan review.
C. MIKA YLA ARCmTECT'S RESPONSffiILITY
· Plans will be picked up for review within twenty-four (24) hours of notification
· Residential plan reviews will be completed and returned within three (3) working
days from time of pickup
· Commercial plan reviews with a valuation under $750,000 will be completed and
returned within five (5) working days from time of pickup
· Commercial plan reviews with a valuation over $750,000; review time will be
negotiated per project
· Consultation will be provided for all plans reviewed
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D. CITY OF LA PORTE'S RESPONSffiILITY
e
It is the City's responsibility to provide to Mikayla Architects the following:
· The acceptable.fonnat for written evaluations
· Local amendments to the Code
· Examples of residential and commercial plans reviews previously completed by the
city
E. PAYMENT
Invoices for plan review services shall be mailed on or before the last day of the month
and shall be payable within 30 days from the date the invoice was received by the City of
La Porte.
F. TERMINATION
Either the City or Mikayla Architects may tenninate services at any time for any reason
with thirty (30) days written notice. Mikayla Architects will invoice within ten (10) days
for any fees unpaid prior to date of such termination.
G. CERTIFICATIONS
All plan examiners employed by Mikayla Architects will hold PLAN EXAMINER
certifications from the Southern Building Code Congress International. My certifications
are listed below.
Michael Hennan
Registered Architect
Registered Sanitarian
Plumbing Inspector
Architectural Barriers Provider
(Plan Review & Inspection)
Building Inspector .
Building Plan Examiner
Plumbing Inspector
Plumbing Plan Examiner
Mechanical Inspector
Mechanical Plan Examiner
Electrical Inspector
One and Two Family Dwelling Inspector
Chief Building Code Analyst
Chief Plumbing Code Analyst
Chief Mechanical Code Analyst
Certified Building Official
Texas Board of Architectural Examiners
Texas Department of Health
Texas Board of Plumbing Examiners
Texas Department of
Licensing and Regulation
SBCCI, BOCA
SBCCI, BOCA
SBCCI, BOCA
SBCCI, BOCA
SBCCI, BOCA
SBCCI, BOCA
SBCCI, BOCA
CABO, SBCCI, BOCA
SBCCI, BOCA
SBCCI, BOCA
SBCCI, BOCA
CABO, SBCCI, BOCA
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H. INSURANCE
Mikayla Architects shall maintain an insurance policy for the duration of this agreement.
The policy shall provide for general liability and professional liability coverage.
Mikayla Architects will provide insurance certificates at the City's request.
I. Effective Date
The proposal shall go into effect on .J U L y
20 , J 'lq~.
.I
Mikayla Architects
City of La Porte
1J!2J/~
Michael Herman
Owner
6/25/99
By: ~W~
Title: DJ~E.C.:To"R. of ?LA.JJ,JIlJC;
Date: 7-/q -q?