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HomeMy WebLinkAbout2000-09-25 Regular Meeting e . e e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL SEPTEMBER 25, 2000 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Deotis Gay, Charlie Young, Jerry Clarke, and Norman Malone. Members of Council Absent: Alton Porter Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns, City Secretary Martha Gillett, Assistant Finance Director Mike Dolby, Director of Administrative Services Louis Rigby, Assistant City Secretary Janis Goulder, Public Works Director Steve Gillett, Administrative Assistant Carol Buttler, Emergency Services Director Joe Sease, Planning Director Doug Kneupper, Purchasing Manager Susan Kelley, Fire Chief Mike Boaze, Police Chief Richard Reff, and Parks and Recreation Director Stephen Barr. Others Present: John Kolius, Sib Carpenter, Mr. and Mrs. John Focke, Jan Lawler, Doyle Westergren, Reverend Thompson, Christopher Terry, Beth Rickert, Colleen Hicks, N.L. Hantz, Roy Myers, Mr. and Mrs. R. Foster, Brian and Peggy Antone, D. Paul Larson, and a number of citizens. 2. Reverend Thompson - Lomax Baptist Church delivered the invocation. 3. Council considered approving the minutes of the Regular Meeting and Special Called Workshop Meetings on September 11 and September 18,2000. Motion was made by Councilperson Engelken to approve the minutes of the Regular Meeting and Special Called Workshop Meetings on September 11 and September 18, 2000 as presented. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone. Nays: None Abstain: Councilperson Clarke abstained from the vote for September 11 and Councilperson Gay abstained from the September 18 vote. 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND T AXP AYERS WISHING TO ADDRESS COUNCIL. The following citizens addressed City Council: 1) Rhonda Foster - 227 S. Y - addressed Council concerning property values on "Y" Street if city chooses to vacate, abandon, and close the street end of South "Y" Street. e e City Council Minutes - 9-25-00 - Page 2 2) Catherine Focke - 111 S. Y - spoke in favor of closing the street end of S. Y Street. 3) Doyle Westergren - 422 S. 1 st - spoke against the closing at the end of S. Y Street. 4) John Kolius - 103 S. Y - spoke in favor of closing the street end of S. Y Street. 5) John Focke - 111 S, Y - spoke in favor of closing the street end of S. Y Street. 6) N. L. Hantz - 202 S. Y - spoke against the closing at the end of S. Y Street. 7) Christopher Terry - 2265 S. Y - read a letter on behalf of a number residence against the closing at the end of S. Y Street. 5. Council considered approving an application by Mr. John Kolius to vacate, abandon and close the street end of South "Y" Street in the Oakhurst Subdivision. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. Planning sent out sixty letters of notification. Four letters were returned undeliverable and 31 responded. Twelve responses were against and 19 were in favor. City Manager Robert T. Herrera stated that the city would do maintenance to keep the area safe. Motion was made by Councilperson Griffiths to deny the application by Mr. John Kolius to vacate. abandon and close the street end of South "Y" Street in the Oakhurst Subdivision as presented by Mr. Kneupper. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone. Nays: None Abstain: None 6. Council considered approving an ordinance establishing guidelines for travel by City Council members to educational meetings outside Harris and Galveston Counties. City Manager Robert T. Herrera presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2434 - AN ORDINANCE ESTABLISHING GUIDELINES FOR TRAVEL BY CITY COUNCIL MEMBERS TO EDUCATIONAL MEETINGS OUTSIDE HARRIS AND GALVESTON COUNTIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilperson Sutherland to approve Ordinance 2000-2434 as presented by Mr. Herrera. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone. Nays: None Abstain: None e e City Council Minutes - 9-25-00 - Page 3 7. Council considered approving an ordinance authorizing an agreement between the City of La Porte and the Association of Bayport Companies, Inc., for emergency ambulance servIce. Fire Chief Joe Sease presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2435 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY AMBULANCE SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to approve Ordinance 2000-2435 as presented by Chief Sease. Second by Councilperson Ebow, The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone. Nays: None Abstain: None. 8. Council considered approving an ordinance authorizing an agreement between the City of La Porte and RandalllPorterfield Architects, Inc. to provide professional architectural services for the design and construction of fire station number four. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2436 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND RANDALL/PORTERFIELD ARCHITECTS, INC. TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION NO.4; APPROPRIATING $65,750.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilperson Engelken to approve Ordinance 2000-2436 as presented by Mr. Kneupper. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone. Nays: None Abstain: None 9. Council considered approving an ordinance authorizing a contract between the City of La Porte and JRC Construction, Inc., for construction of a 12" waterline. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions, e e City Council Minutes - 9-25-00 - Page 4 Assistant City Attorney read: ORDINANCE 2000-2437 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND JRC CONSTRUCTION, INC FOR THE CONSTRUCTION OF F AIRMONT P ARKW A Y 12" WATERLINE EXTENSION DRIFTWOOD EAST TO EXXON PIPELINE CORRIDOR; APPROPRIATING $34,517.00 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. Motion was made by Councilperson Young to approve Ordinance 2000-2437 as presented by Mr. Kneupper. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone. Nays: None Abstain: None 10. Council considered approving an ordinance authorizing a contract between the City of La Porte and the City of Morgan's Point for tax collection operations. Assistant Director of Finance Mike Dolby presented summary and recommendation. Assistant City Attorney read: ORDINANCE 2000-2438 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR THE CITY OF LA PORTE TO PROVIDE TAX COLLECTING OPERATION OF THE CITY OF MORGAN'S POINT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilperson Young to approve Ordinance 2000-2438 as presented by Mr. Dolby. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone. Nays: None Abstain: None 11. Council considered awarding a bid for vehicles to Philpot Ford and Lawrence Marshall. Director of Public Works Steve Gillett presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Engelken to award the bid to Philpot Ford and Lawrence Marshall for the purchase of vehicles as presented by Mr. Gillett. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone, Nays: None Abstain: None e e City Council Minutes - 9-25-00 - Page 5 12. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. The city received a phone call from John Black concerning Southern Ionics. The incinerators on site will be tom down and there will much activity during the next month. B. LEPC Shelter in Place video - The LEPC received a grant for $9,000 and the city supplemented an additional $4,000. 13. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone brought items to Council's attention. 14. 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) A, 551.072 (Consultation with Attorney) Meet with City Attorney and City Manager to discuss land acquisition. Council retired into executive session at 7:20 P.M. Council adjourned executive session at 7:38 P.M. Council returned to the table at 7:40 P.M., with no action taken. 15. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken. 16. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 7:41 PM, Respectfully submitted, 0YI OJ1/1~JiIJ:{' Martha Gillett City Secretary e e City Council Minutes - 9-25-00 - Page 6 Passed and approved on this 9th day of October 2000. ~~~A e ,e I RluEST FOR CITY COUNCIL AGE. ITEM Agenda Date Requested: Seotember 25. 2000 Requested By: Do~g Kneupp~r~ Department: Report Resolution Planning Ordinance Exhibits: . Exhibit n A n - 500' Public Notification Map SUMMARY & RECOMMENDATION Mr. John Kolius, owner of Lot 1, Block 1 of the Oakhurst Subdivision has filed application with the City to vacate, abandon and close the street end of South .Y" Street (See Exhibit · A"). At the direction of Council at its January 17 workshop, which addressed the issue of street ends, Staff has mailed notification to all property owners within five hundred (500') feet of the closing requested. The notification asked for each property owner's position to Council's consideration of the application. Of the sixty (60) notifications sent, twenty-nine (29) completed responses have been received with an additional four (4) responses returned undeliverable. Of the responses received, twelve (12) support consideration and seventeen (17) do not. Action Required by Council: Consider acceptance or denial of an application by Mr. John Kolius to vacate, abandon and close the street end of South .Y" Street in the Oakhurst Subdivision. Availability of Funds: N/A General Fund Capital Improvement Other VVaterIVVastewater General Revenue Sharing Account Number: Funds Available: YES NO ADDroved for City Council Agenda Q~ ~ \-\~ q -'Lu -00 Robert T. Herrera City Manager DATE e e h 11 12 13 14 8 j \D l C\I C\I BI S 9 I ~'- :> 8 ~!.:,. ~,- ~;: , W ~} i:~ ...... - ~. > C'l "'it ~ C\I $1 l- (/) I w :> " ~ S 11 - I 6 6 5 4 3 3 2 1 1 - 500' IlUIWICATION IOUNDARY~ 6 - 5 LEGEND 11= FOR . = AGAINST = NO RESPONSE RECEIVED GAL VES10N BAY PROPOSED CLOSING N.T.S. e e REOUE'FOR CITY COUNCIL AGENDA rrI Agenda Date Requested: September 25. 2000 Requested By: R T. Herrera Department: Administration _ Report _ Resolution X Ordinance Exhibits: Ordinance SUMMARY & RECOMMENDATION At the recent City Council retreat on July 8. 2000, you directed staff to prepare a draft ordinance on Council travel guidelines. Our City Attorney prepared a draft ordinance and Mayor fonned a committee of three councilpersons to review the policy. The councilpersons included A1ton Porter, Guy Sutherland and Peter Griffiths. During the review process several other Cities policies were reviewed. Action Required by Council: Consider ordinance establishing guidelines for travel by City Council Members, Availability of Funds: General Fund_ Water/Wastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO ADDroved for City Council A~enda ~ <A1C" T. ~ Robert T. Herrera City Manager q ~td....o() Date e e ORDINANCE NO. 2000- ').1I 3f AN ORDINANCE ESTABLISHING GUIDELINES FOR TRAVEL BY CITY COUNCIL MEMBERS TO EDUCATIONAL MEETINGS OUTSIDE HARRIS AND GALVESTON COUNTIES; 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 establishes the following guidelines, which shall apply to attendance by members of City council at educational meetings for elected officials, outside Harris and Galveston Counties: 1. A commitment for attendance should be given to the city Secretary at the earliest possible date so that the lowest possible air fare and other discounts can be obtained. This will normally be thirty (30) days prior to the event when air travel is involved. The City Secretary shall aggressively solicit attendance information if deadlines are approaching and a timely decision is needed. 2. If arrangements are made later, the difference in cost will be the responsibility of the Councilperson. When notification is given and attendance does not occur, the expenses already paid will be reimbursed to the city by adjusting the monthly check. If there is a good reason for the lack of travel coordination, the city council may waive the penalty. ,',; 3. No travel or other arrangements will be made for children or grandchildren unless that cost has been prepaid. 4. Prior to departure each councilperson will be given a stipend of $75.00 per day, or more, if authorized by city Council, to cover meals and incidental expenses. Depending on travel arrangements the per diem will be prorated to match the departure and return dates. Airport parking is not considered an incidental expense, and must be accounted for with a receipt on the request for reimbursement. 5. Hotel stay and airport parking will be reimbursed only for the interval from the first night before the opening general session to the day following the closing meeting. Additional time will be approved for attendance at meetings where the councilperson serves on a committee or is on the program. 6. Taxis may be used between the hotel and the airport if no hotel transportation is available. Mass transit should be used for intracity travel when available unless there are time constraints. Car rental is the responsibility of the Councilperson and will not be reimbursed unless pre-approved by the city Council. e e 7. Expense accounts must be submitted within ten (10) days after returning from a meeting. If the expense report is not received by the City within ten (10) days after completing travel, the City Manager shall refer the matter to the City Council for handling. Receipts are mandatory for reimbursement except when otherwise exempted by this policy. Subsequent trips will not be allowed until a request for reimbursement has been submitted for all previous trips. 8. Any exceptions to this policy shall be approved by ci ty Council at a regular meeting. 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. .' w 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 dJ5!!:day of ~e,(lP.L'12. ,2000. CITY OF LA PORTE BY:~~ ~~ orman L. Malone Mayor 2 e ATTEST: ~ e 3 .' e e REQUE~OR CITY COUNCIL AGENDA r& Agenda Date Requested: September 25, 2000 Requested By: 1. L. Sease li4>epartment: Fire / _ Report _ Resolution X Ordinance Exhibits: Ordinance 2000-2435 Contract with Association of Bayport Companies, Inc. SUMMARY & RECOMMENDATION Staff has met with the Association of Bayport Companies, Inc. Staff (A.B.C.) and developed a new contract for EMS Service to the Bayport Industrial Area. The present contract is for a annual sum of $10.00 per employee. The new contract calls for the annual sum of $15.00 per employee. This employee contract includes all full time contractors on site. The fees are based on the same methods used for all out of City industrial ambulance contracts. The contract is for a period of one year. Action Required by Council: Approve Ordinance 2000-2435 authorizing an agreement between the City and the Association of Bayport Companies, Inc. for ambulance service to the Bayport industrial area. Availability of Funds: General Fund Water/Wastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: N/A Funds Available: YES NO Approved for City Council A~enda QJw- \~ ~ Robert T. Herrera City Manager 'l--'lA -(j (.) Date e e ORDINANCE NO. 'J.{){)()... 911-35" AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY AMBULANCE SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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. 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. and it is so ordered. This Ordinance shall be effective from and after its passage and approval, PASSED AND APPROVED, THIS q, ~5'; 0 0 By: ATTEST:~tlJtA~_ll.IltIDi' Martha Gillett City Secret e e CONTRACT STATE OF TEXAS { { { KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS THIS CONTRACT AND AGREEMENT made and entered into on this the 1st day of October, 2000, by and between ASSOCIATION OF BAYPORT COMPANIES, INC., a Texas Non-Profit Corporation, hereinafter called "A.B.C.", and CITY OF LA PORTE, a Texas Municipal Corporation, hereinafter called "CONTRACTOR", and containing all terms of the agreement between said parties. WIT N ESE T H: That Contractor agrees, as an independent contractor, at its own cost and expense, to furnish Emergency Medical Service (EMS) on Service Area as outlined on Exhibit "A", attached hereto and fully incorporated by reference herein, which shall hereafter be referred to as the "Service Area", in compliance with the terms Jnd conditions, covenants and agreements hereinafter set forth; provided, however, that A.B.C. hereby agrees and promises to pay Contractor the sum specified in paragraph XIV below per year, in advance, for such services. Contractor will provide space for housing ambulances and personnel. I. AMBULANCES PROVIDED As part of the consideration expressed herein, Contractor agrees to furnish ambulances and the personnel to man those ambulances, said Emergency Medical Service being available on a constant basis. Contractor shall regularly maintain said ambulance units, keep them in good working condition at all times, e e normal wear accepted. Contractor shall further keep in full force and effect, collision and liability insurance on said ambulances in accordance with the provisions of paragraph IX infra. A.B.C. shall be named as an additional insured on said policies. II. EMERGENCY AMBULANCE SERVICE REQUIREMENTS Contractor, covenants and agrees to furnish ambulance service in compliance with the following requirements: (1) Contractor shall have and maintain at least two (2) ambulances and crews available twenty-four (24) hours daily for emergency dispatch, in conformity with the standards set forth in Paragraph III hereof. Contractor reserves the right to arrange for back-up units when both of the two (2) ambulances are in service, and the further right to activate mutual assistance agreements with other governmental entities in the event of calamity or disaster conditions. Nothing set forth herein is meant to diminish the ability of Contractor to arrange for back-up units when both of the two ambulances are in service, or diminish the right of Contractor to activate mutual assistance agreements with other governmental entities in the event of calamity or disaster conditions. ... (2) Equipment and crews shall be located at a point or points within the City of La Porte to be selected by Contractor. It is the intention of the parties that same shall be so located that an ambulance can reach any area within the Service Area within a reasonable period from time of dispatch, and it is within the contemplation of the parties that ten (10) minutes is deemed to be a reasonable period of time. III. STANDARDS REQUIRED FOR AMBULANCES AND ACCESSORY EQUIPMENT Contractor covenants and agrees to furnish at his own expense ambulances, and accessory equipment which comply with the following standards: (1) A total of not less than two (2) Mobile Intensive e e Care ambulances shall Contractor twenty-four Service Area. be (24) furnished hours a day, by the to the Provided, that said two (2) ambulance requirements shall not apply, when either or both of said units are engaged in providing emergency ambulance service to a point or points as contemplated wi thin the Service Area, said Service Area specified in paragraph XIII. One of said units may be on call at a backup location within the City of La Porte or the Service Area upon dispatch of the initial unit required to be maintained wi thin the City of La Porte. Each vehicle must have a patient capacity of not less than two (2) patients. (2) All ambulances must be inspected and approved by the Chief of Emergency Medical Services of the City of La Porte and must be of a type and design sui table for transporting inj ured persons. Said vehicles shall be at all times in a state of good mechanical repair and shall be equipped with tires in good condition and not showing unusual wear. (3) All such ambulances must be licensed as Mobile Intensive Care Units in compliance with Article 44470 of the Revised Civil Statutes of the State of Texas, and amendments thereto, and in compliance with the Rules and Regulations of the State Board of Health. t ,. (4) (a) Each ambulance shall be equipped with a two- way radio which transmits and receives on frequencies designated for use by the City of La Porte. (b) Radios will be operated on City of La Porte local government frequency 155.625 megacycles, or such other frequency which the City may designate. (c) Radios must be maintained to meet current F.C.C. specifications. The maintenance costs will be borne by the Contractor. ( d) Contractor will comply with regulations. The assigned radio shared with other City services. shall keep all radio messages clear, and shall avoid transmissions. all F.C.C. frequency is Contractor brief and unnecessary (7) The Emergency Medical Services Chief of the City of La Porte shall determine the standards for 3 e e ambulance equipment. In determining the adequacy of the equipment, the Emergency Medical Services Chief shall take into consideration the current list of minimal equipment for ambulances as required by Article 44470 of the Revised Civil Statutes of the State of Texas. IV. INSPECTION AND APPROVAL OF AMBULANCES AND ACCESSORY EQUIPMENT BY CITY All ambulances and accessory equipment shall be subj ect to inspection by the Emergency Medical Services Chief of the City of La Porte, or his duly appointed representative, and if at any time same are not in compliance with the provisions hereof, or if any ambulance is in need of mechanical repairs in order to insure its satisfactory condition, then such ambulance shall not be used until all defects are remedied to the satisfaction of the Emergency Medical Services Chief. Appropriate substitute equipment shall be provided in the event any vehicle or equipment is not available for service for one (1) week, and immediate written notice of such shall be furnished by Contractor to A.B.C.. v. TRANSPORTATION TO HOSPITAL Contractor shall transport patient to the nearest hospital providing an emergency service, that will take the patient, unless the patient's safety or the patient him or herself specifically requests otherwise and said request is within Contractor's transport policy. In the event that the patient is incapacitated, the Paramedic attendant shall designate transportation of patient to the nearest hospital. VI. CHARGES PERMITTED CONTRACTOR Contractor shall be permitted to charge the following base 4 e e charge, to-wit: (1) Ambulance Service and Invalid Coach Service: (a) Contractor shall be entitled to charge fees for its services rendered, said fees being subject to change from time to time upon thirty (30) days written notice from Contractor to A.B.C.. The fees chargeable by Contractor to A.B.C. on the effective date of this Contract are specifically enumerated on Exhibit "B", attached hereto and fully incor- porated by reference herein. Contractor shall be entitled to change said fees upon written notice to A.B.C., said fee change becoming effective on the thirtieth (30th) day following delivery of the written notice from Contractor to A.B;C.. (b) Method of dividing cost among patients if more than one is carried in the same ambulance simultaneously to one hospital: One and one-half (1 regular rate, divided patients transported; pay equal amount. 1/2) times the by the number of each patient to Contractor shall never deny emergency service because of a person's inability ~ to pay. (c) The collection of such fees shall be the sole responsibility of the said Contractor. Contractor shall vigorously pursue the collection of any such fees. VII. DISPATCHING Contractor shall have its own telephone number, with a minimum of two (2) incoming lines. Emergency calls shall be received by Contractor at the 911 Emergency Service number. VIII. COMPLIANCE WITH LAW AND ORDINANCES Contractor agrees to operate the ambulances in accordance with the requirements of the State and Federal law, and applicable 5 e e municipal or county ordinances, as the same now exist, and as may be amended from time to time hereafter. IX. LIABILITY INSURANCE During the term of this contract and any extensions thereof, Contractor shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, workers compensation, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum liability limits established in the Texas Torts Claims Act, Vernon's Civil Practice and Remedies Code, Chapter 101. Contractor shall file certificates of insurance coverage with A.B.C. during the term of this contract and any extensions thereof. On all said insurance policies, A.B.C. shall be named as an additional named insured. X. INDEPENDENT CONTRACTOR . " It is expressly agreed and understood by all parties hereto that Contractor is an independent contractor in its relationship to A.B.C.. Nothing herein contained at any time or in any manner shall be construed to (1) effect an agreement of partnership or joint venture, or (2) render any party hereto the employer or master of any other party and/or its employees, agents or representatives, and (3) Contractor shall be deemed sole provider to the A. B . C. . XI. INDEMNIFICATION AND ASSUMPTION OF LIABILITY Contractor covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, A.B.C., its agents, servants 6 e e or employees, from and against any and all claims for damages or injuries to persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident to the operation of its emergency ambulance service and all other of its operations arising under or otherwise incident to the provisions of this contract; and Contractor hereby assumes all liability and responsibility for injuries, claims or suits for damages to persons or property, of whatever kind or character, whether real or asserted, occurring during the term of this agreement, arising out of or by reason of the operation of its emergency ambulance service and all other of its operations arising under or otherwise incident to the provisions of this contract; provided, however, the liability of Contractor hereunder shall be limited as provided in the Texas Tort Claims Act, Vernon's Civil Practice and Remedies Code, Chapter 101. ~, XII. REVOCATION OF CONTRACT A.B.C. and Contractor may cancel this contract, without cause, after ninety (90) days prior written notice from the cancelling party to the other party. Such notice shall be sent by Contractor to A. B. C. at: Post Office Box 691, La Porte, Texas 77572-0691. Such notice shall be sent by A.B.C. to Contractor at: City of La Porte, Post Office Box 1115, La Porte, Texas 77572- 1115, Attn: City Manager. XIII~ SERVICE AREA A. B. C. and Contractor agree that Contractor's service area includes the Cities of La Porte; Morgan's Point; and the Battleground and Bayport Industrial Districts, and any other 7 e e entities within the extraterritorial jurisdiction of the City of La Porte with which City may hereafter enter into service agreements. Contractor shall not enter into any ambulance service contract with any other entity providing fees for services shown on Exhibit "B" more favorable to any other entity, than those provided for herein. XIV. PAYMENTS TO CONTRACTOR A. B.C. shall make a payment to Contractor on or before the 1st day of October, 2000, of Fifteen Dollars ($15.00) per on-site employee of the ASSOCIATION OF BAYPORT COMPANIES members, comprised within the service area. The employee count, which A.B.C. represents to Contractor to be approximately between Five Thousand (5,000) and Six Thousand (6,000), on an annual basis, shall be based upon the number of full-time equivalent, on-site employees and shall include the number of recurring-contract workers (such as maintenance contracts that are used for scheduled plant maintenance). The number of covered personnel is to be estimated by each individual plant within the service area and furnished to the ASSOCIATION OF BAYPORT COMPANIES for the computa- tion of the annual fee, which shall occur on or before October 1, the anniversary date of this contract. A.B.C. shall furnish to Contractor said census count furnished to them from the ASSOCIATION OF BAYPORT COMPANIES during the month of September during each year of this contract. XV. TERM This Contract shall become effective at 12: 01 a .m. Central 8 e e Daylight Time, on the 1st day of October, 2000, and shall remain in full force and effect until the 30th day of September, 2001, unless otherwise cancelled as provided in paragraph XII above. This Contract is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. EXECUTED IN DUPLICATE ORIGINALS, effective as of the 1st day of October, 2000. ASSOCIATION OF BAYPORT COMPANIES, INC. By: presiq;~ ATTEST: ~ :y:~~~/ CITY OF LA PORTE By: G<~ T. 't\~ Robert T. Herrera City Manager ATTEST: By: ~tl.1itIfi- a tha A. Gi lett City Secretary 9 . . ..... .' ,-: -. J: ==-.-:...:...:.... I.;~. I~;"=-~ ,..-- ." ,I. \. .....~,~: . lit '. , fi:.'~,. ~::;l . : ( ..: .. -., --- :', :~\'''.~:. - ,": '~:l '0: .: .:.1 :"". EXHIRIT A' . \{ ,. J .. e. The City of La Porte Emergency Medical Service Rate increase Effective October 1, 1998 f.' " Procedures/Dru s Base Rate Stand-b Rate/Hour Milea e Life FIi htl Other trans ,ort Treatment, No Trans ort Infection Conlrol S inallmmobilization E.C.G. o en Setu M.A.S.T. C.P.R. Blood Draw IV Setu / Saline Lock Banda in Per Site ET / EOA EGTA OB Kit Intraosseous Cannulation Ba Valve Mask Suctionin S lintin Per Site External Pacemaker Nublizer Price $350.00 $40.00 $6.50 Per Loaded Mile $ 350.00 Plus Su lies $ 175.00 Plus Su lies $ 50.00 $ 40.00 $ 50.00 $ 35.00 $ 40.00 $ 50.00 $ 20.00 $ 35.00 $ 20.00 $ 50.00 $ 30.00 $ 25.00 $ 75.00 $ 50.00 $ 25.00 $ 20.00 $ 75.00 $ 35.00 EXHIBIT A e. e .' " Lavage Kit $ 150.00 Chest Decompression $ 50.00 Glucometer' $ 15.00 E.C.G. Pads, $ 15.00 Defibrillation' $ 75.00 Pulse Oximeter $ 20.00 Auto Ventlation $ 25.00 Surgical Airway $ 120.00 Retograde Intubation $ 125.00 Narcan $15.00 Thiamine $15.00 Dextrose 500/0 $15.00 Benadryl $ 15.00 Atropine $ 15.00 Sodium Bicarbonate $ 15.00 Epinephrine 1: 1000 $ 15.00 Epinephrine 1: 10,000 $ 15.00 Dopamine $ 30.00 Lasix $ 15.00 Nitroglycerin $ 15.00 Activated Charcoal $ 15.00 , Morphine $ 15.00 Lidocaine 100 mg. $-15.00 Lidocaine Drip $'15.00 Instant Glucose $ 15.00 Tetracaine $ 15.00 Adenosine $ 15.QO Albuterol $'15~OO Mannitol $, '50.00 Ipecac $, 15'.'00 .. '- '.. . .. .. IV Fluids Solu-Medrol Ma nesium Sulfate Bret lium . Atrovent . Vaso,tee , Gluca on Ramazicon , Succin Icholine Versed $ 20.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 50.00 $,~O.OO {50.OQ ~ 50.00 50.00 '" e e {',i REQ.l.T FOR CITY COUNCIL AGLA ITEM Agenda Date Requested: September Requested By: Doug Kneuppe Department: Planning Report XX Ordinance Exhibits: Ordinance Agreement Between Owner and Architect Summary & Recommendation The 2000 General Obligation Bond Fund (041) provides $750,000 for the construction of Fire Station No, 4. This facility will be located at the comer of S. Broadway and McCabe Road. Joe Sease, Director of Emergency Services, Mike Boaze, Fire Chief, and myself have met with Mike Porterfield of Randall --Porterfield Architects. We visited fire stations that Randall- Porterfield designed in the cities of Webster and League City. This architectural firm appears to possess sufficient knowledge and expertise to design these type facilities. Attached is our standard Agreement Between Owner and Architect for Professional Services. This agreement provides for a lump sum fee of $63,750 which is 8-1/2% of the estimated construction cost. In addition, $2,000 will be allocated for reimbursable expenses. This fee is in-line with fees other architects have received on recent projects. Funds for architectural services will come from the previously mentioned Fund 041. All three phases leading up to bidding are estimated to take 6 months, which includes City staff review time, Action Required by Council: Consider approval of an ordinance authorizing the City Manager to execute an Agreement Between Owner and Architect with Randall- Porterfield Architects, Inc. for design of Fire Station No.4 and authorizing $65,750 to fund said Agreement. Availability of Funds: General Fund Capital Improvement Account Number: Fund 041 W ater/W astewater XX Other Funds Available: XX Yes No Approved for City Council Agenda ~~\,~ Robert T. Herrera City Manager q ... 1 't.. (.)<) Date e e ORDINANCE NO. 2000- a40lt AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND RANDALL/PORTERFIELD ARCHITECTS, INC. TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION NO.4; APPROPRIATING $65,750.00 TO FUND SAID AGREEMENT; 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 afflX the seal of the City to all such documents. The City Council appropriates the sum not to exceed $65,750.00 for professional architectural services for the design and construction of Fire Station No.4, from 2000 General Obligation Bond Fund 041 to fund said Agreement. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required e e ORDINANCE NO. 2000- ~~3IP 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 25th day of September, 2000. By: C;Z: IA PORTE ~~--- Norman ~M'alone, Mayor " " ATTEST: L{!/dttIi1A1J/U/- Martha Gillett City Secretary e e AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES ~, FIRE STATION 4 CLP Project No. -832 September 2000 i 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 $CTION 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 Dispute Resolution SECTION 8 SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES Exhibit A FURTHER DESCRIPTION OF ARCHITECT BASIC SERVICES AND RELATED MATTERS Exhibit B Exhibit C DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. Exhibit D INSURANCE PROJECT CCM-ruNICATION ii e Page(s) 1 1 1-1 through 1-8 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-5 C-1 through C-2 D-1 e e AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of September 25, 2000 between the City of La Porte, Texas (OWNER) and Randall/Porterfield Architects, Inc., (ARCHITECT). OWNER intends to design and construct an approximate 8,000 sq ft, 3 bay, single loaded Fire Station with ancillary offices and living quarters (hereinafter called the PROJECT) . The OWNER and ARCHITECT agree as set forth below: ~. iii e e 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. ~.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. 1.2.2The 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 1 - 1 e e 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, 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 the type OWNER in 1 - 2 'e e 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) . 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 and Related Matters". 1.4 Construction Documents Phase After written authorization to proceed with the Final Construction Documents Phase, ARCHITECT shall: 1 .4 .1 Based 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 ~th 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 pennits with or obtaining approvals of such governmental authorities as have juriSdiction to approve the design of the Project, and assist OWNER in completing pennit application and in consultation with appropriate authorities. 1.4.3Advise OWNER of any adjustments to the latest opJ.nJ.on 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 Proj ect or Construction Costs. Furnish to OWNER a revised opinion of probable Total proj ect Costs based on the Drawings and Specifications. 1 - 3 e e 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 AlA document A101) and the General Conditions of the Contract (in the form of AlA document A201) for OWNER'S review, comment, modification, and approval. 1.4.5Furnish 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". 1.5 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 dr 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. 1.5.3Consult 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 - 4 e e 1. S . SAt tend 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 S 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 I 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 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 w.riting. 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 the work 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) I work. In addition, the ARCHITECl' 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 1 - S e e proceeding in accordance with the Contract Documents and ARCHITECT shall keep OWNER informed of the progress of the work. 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 Jresponsibility 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 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 1 - 6 e e 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. 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, 1 - 7 e e 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 certificates of inspection, test and approvals the results certified indicate compliance with, the Contract Documents); and shall bind, index and transmit them to OWNER together with written comments. 1 - 8 e e 1. 6 . 11 Inspections ARCHITECT shall conduct an inspection to determine 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 recommendation 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 ARCHITECT 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 - 9 e e 1.7.4Coordinate, attend and participate in the start up and 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. 7 During 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. . " 1 - 10 e e 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. 2.1.3Services 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. 2.1.6Investigations 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 2 - 1 e e 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 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 ~rvices 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 proj ect 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 2 - 2 e e for OWNER in administrative assistance in Services under any litigation, arbitration or other legal or proceeding involving the Project (except for consultations which is included as part of Basic paragraphs 1.2.3 and 1.4.2) . 2.1.15 Additional services required in connection with the 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 result 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 2 - 3 e e 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. . ~ 2 - 4 e e 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 t1,atters"), 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 3 - 1 e e Section 2; all of which ARCHITECT may use and rely upon in perfonning services under this Agreement. 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 perfonn 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 pennits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the proj ect . ARCHITECT will assist the OWNER in the preparation of said pennits. 3.9 Provide such accounting, independent cost estimating and ~psurance 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 perfonning the work. 3.10 If OWNER designates a person to represent OWNER as the site who is not ARCHITECT or ARCHITECT'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 - 2 e e 3 .11 If more than one prime contract is to be awarded for construction, materials, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. 3.12 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 preconstruct ion 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. 4,.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. 3 - 3 e e 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 Project 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, 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 perfonnance 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 paragraph 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 perfonnance 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 - 1 e e 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 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 I 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 perfonnance 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 oontracts 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 perfonnance 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 4 - 2 e e 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 (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. (, 4 - 3 e e SECTION 5 - PAYMENTS TO ARCHITECT 5.1 OWNER has established an initial construction cost limit of seven hundred fifty thousand dollars ($750,000) for the Project available for construction. 5.1.1For 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 sixty-three thousand seven hundred fifty dollars {$63, 750) . This lump sum amount equals eight and one-half percent (8.5%) of the Owner approved Estimated Construction Costs. Progress payments for Basic Services in each phase shall total the following percentages of the total basic compensation payable: Schematic Design Phase, Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Operational Phase ( 15%)$ 9,562.50 { 20%)$12,750.00 { 40%)$25,500.00 ( 5%)$ 3,187.50 ( 15%)$ 9,562.50 ( 5%)$ 3,187.50 Total Compensation for Basic Services $63.750.00 ~.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 wi thin 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 tenninates sixty (60) days after a) the actual date of Substantial Completion. Services provided after this date shall be considered Additional Services 5 - 1 e e with the compensation due in accordance with Subparagraph 5.1.2 of this Agreement and shall require OWNER'S written authorization. 5.1.2For 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. (,i 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. 5.1.4The 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 - 2 e e 5.3.1Invoices for basic and additional services shall be mailed on or before the first (1st) of the month and shall be payable on or before the fifteenth (15~) of the month. 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 handl ing 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 . 4 Expense of renderings, models and mock-ups requested by the OWNER. !i.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: Principal Architect Interm Architects Computer Drafting Clerical $125.00 $ 90.00 $ 75.00 $ 60.00 $ 45.00 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. 5 - 3 e e 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 6.2.1Since the ARCHITECT has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' 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. ~f 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 6 - 1 e e 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. 6.2 .2.4 If the Bidding or Negotiating Phase has not cormnenced 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 cormnensurate 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 ~ttributable to the lowest bona fide proposal or bid exceeding the established Construction Cost. 6 - 2 e e 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 Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse by OWNER without written verification or adaptation by ARCHITECl' 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 I 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 7 - 1 e e This Agreement is to be governed by the law of the principal place of business of OWNER. 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. (y 7 .5 .3 Nothing under this agreement shall be construed to gi ve 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 7 - 2 e e 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 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 resolved 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. . '.' 7 - 3 e e 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 Lpages. 8.2.2Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project Representative" consist of ~pages. 8.2.3Exhibit C "Project Organizational Chart and Communication" consist of 1-page. 8.2.4Exhibit D "Insurance" consists of do page. 8.3 This Agreement (consisting of 43 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. G?J~ \. \\~ City Manager the parties hereto have made and executed this day and year first above written. ARCHITECT: RANDALL - PORTERFIELD ARCHIT~CTS, I ATrEST IN WITNESS WHEREOF, ~greement as of the OWNER: CITY OF LA PORTE, TEXAS ~.ST () 01 I~ .,fi~L City Secretary (SEAL) AP~TO;:t; City Attorney 8 - 1 e e EXHIBIT A EXHIBIT A TO AGREBMENT BBTWBEN OWNER AND ARCHITECT FOR PROFBSSIONAL SBRVICBS, dated September 25, 2000 FURTHER DBSCRIPTION OF ARCHITECT BASIC SERVICBS AND RELATED MATTBRS 1. This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on September 25, 2000, between the City of La Porte (OWNER) and Randall Porterfield Architects (ARCHITBCT) providing for professional services. The Basic Services of ARCHITBCT 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'. Attend 2 meeting with City staff to discuss progress and direction of the work. After the meeting ARCHITBCT 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 30 days following written authorization from OWNER to ARCHITECT to proceed with that phase of services. b. { ,. 3 . During the Design Development Phase ARCHITECT shall: a. Provide document sets to OWNER as outlined in paragraph 1.3.5. 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. A-l e e The Design Development Phase Services will be completed and Contract Documents and ARCHITECT's opinion of costs submitted within 45 days following written authorization from OWNER to ARCHITECT to proceed with that phase of services. 4. During the Construction Documents Pbase ARCHITECT sball: 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. Attend ~ 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. c. 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. e. The ARCHITECT will develop a final "Total Probable cost" estimate. f. Provide document sets to OWNER as outlined in A-2 e e 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. 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. Phase Services will be completed per terms of The Construction paragraph 4.7. A-3 e e 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, September 25, 2000, between The City of La Porte, Texas (OWNER) and Randall - Porterfield 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 give ARCHITECT control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perfonn 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 t!he 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 RPR 1 . Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared B-1 e e by CONTRACTOR and consult with ARCHITECT concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such preconstruct ion 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 CONTRACTOR, 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 CONTRACTOR's operations affect OWNER's on-site operations. b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR, and notify 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 B-2 e e 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' 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 e e 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 Drawing 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 recommend 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 recommendations 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 B-4 e e 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 items on final list have been completed or corrected and make recommendations to ARCHITECT concerning acceptance. 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 CONTRACTOR, subcontractors superintendent. responsibilities of or CONTRACTOR's 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. B-5 e e 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. ~, B-6 e e EXHIBIT C TO AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES, dated September 25, 2000 COMImNlCATION All correspondence shall include City of La Porte Project Number. 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: Randall - Porterfield Architects Attention: Michael Porterfield, AIA 565 FM 270 N. League City, Texas 77573 C-l e e EXHIBIT D EXHIBIT D TO AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES, dated September 25, 2000 This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on September 25, 2000, between the City of La Porte (Owner) and Randall - Porterfield 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 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 $1,000,000 3. $500,000 $1,000,000 4. . " $500,000 $500,000 5. 6. END OF DOcmmNT D-l e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 25, 2000 Requested By: Doug Kneupp~ Department: Planning Report Resolution X Ordinance Exhibits: Ordinance Bid Tabulation Bidder's List Summary &:: Recommendation The FY 1999-2000 Utility Capital Improvement Budget provided $150,000.00 for 12-inch water line extensions along Fairmont Parkway. This project consists of installing approximately 1,275 feet of 12-inch PVC water line to complete the section between Driftwood Road east to the Exxon pipeline corridor. Survey, design, and engineering had previously been performed on this section utilizing City Staff. Other sections of this proposed 12-inch outer loop will be designed and bid this year. On September 5, 2000, the City received competitive bids from six qualified contractors (see attached Bid Tabulation). ]RC Construction, Inc. of Sugarland, Texas submitted the low bid in the amount of $32,867.00. The contract bid time is 20 consecutive calendar days once the "Notice to Proceed" is issued. Staff has reviewed the bids submitted and determined the low bid from ]RC Construction, Inc. is acceptable and they are qualified to perform the work. Staff recommends that Council authorize the City Manager to execute a contract with jRC Construction, Inc. in the amount of $32,867.00 and further authorizing $1,650.00 (5%) contingency for construction of the Fairmont Parkway 12-inch Water Line Extension from Driftwood east to the Exxon pipeline corridor. Action Required by Council: Consider approval of an ordinance authorizing the City Manager to execute a contract with jRC Construction, Inc. in the amount of $32,867.00 and further authorizing $1,650.00 contingency for construction of the F airmont Parkway 12-inch Water Line Extension. Availability of Funds: General Fund X Capital Improvement Other Water /W astewater General Revenue Sharing Account Number: 003-9890-820-1100 Funds Available: X Yes No Approved for City Council Agenda G~\~~ Robert T. Herrera City Manager q ~ ~(j-OO Date e e ORDINANCE NO. 2000- "~Y1 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND JRC CONSTRUCTION, INC. FOR CONSTRUCTION OF FAlRMONT PARKWAY 12" WATERLINE EXTENSION DRIFTWOOD EAST TO EXXON PIPELINE CORRIDOR; APPROPRIATING $34,517.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 $34,517 from Utility Capital Improvement Fund 003 to fund said contract. Section 2. The City Council offIcially fInds, determines, recites, and declares that a suffIcient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been e e ORDINANCE NO. 2000-~+a1 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 September 25, 2000. ::?&;~~ By: Mayor ~, ATTEST: ~J.-Jl.dla{ M ha Gillett, City Secretary AP~VED: /1 __ /; aW/~J Knox W. Askins, City Attorney e e SPt:CIFiCA TIONS AND CONTRACT DOCUMENTS FOR F/"IRMONT PARKWAY 12" WATER liNE EXTENSION ~)R~FTWOOD EAST TO EXXON PIPELINE CORRIDOR CITY OF L.A POR-fE, TEXAS AUGUST 20UO CLP PROJECT NO. 2fJOC-G103 e e Due to the volume of this contract, a copy is available for your review in the City Secretary's Office ~. " e e CITY OF LA PORTE FAIRMONT PARKWAY 12" WATER LINE EXTENSION DRIFTWOOD EAST TO EXXON PIPELINE CORRIDOR CLP PROJECT #2000-6103 BID TABULATION SEPTEMBER 5, 2000 JRC CONSTRUCTION X 20 $ 32,867.00 JOHNNY WEHBA BACKHOE CHECK 15 $ 41,797.50 R L UTILITIES X 15 $ 43,296.50 CANYON CONSTRUCTION X 30 $ 50,009.02 SER CONSTRUCTION INC X 30 $ 59,531.50 TRIPLE B SERVICES X 45 $ 61,445.00 { ., e e CITY OF LA PORTE FAIRMONT PARKWAY 12" WATER LINE EXTENSION: DRIFTWOOD EAST TO EXXON PIPELINE CORRIDOR CLP PROJECT #2000-6103 Advertising The Bayshore Sun - August 20th and August 27th, 2000 Bid Notice Faxed Wehba Backhoe Service 9915 N "P" Street La Porte, TX 77571 Phone: (281) 471-6051 Fax: (281) 471-4969 RL. Utilities POBox 1154 LaPorte, TX 77571 Phone: (281) 479-6567 Fax: (281) 476-9996 La Porte Bayshore Chamber of Commerce La Porte, TX 77571 Phone: (281) 471-1123 Fax: (281) 471-1710 Associated General Contractors 3825 Dacoma Houston, TX 77092 Phone: (713) 843-3700 Fax: (713) 843-3701 FORCE COIp. PO Box 1079 La Porte, TX 77572-0853 Phone: (281) 470-0550 Fax: (281) 471-9627 Follis Construction III N. Broadway La Porte, TX 77571 Phone: (281) 471-6881 Fax: (281) 471-6038 Lamb Construction ,<,; 8214 Northline Houston, TX 77037 Phone: (281) 447-6245 Fax: (281) 447-7249 Planholders Wehba Backhoe Service 9915 N "P" Street La Porte, TX 77571 Phone: (281) 471-6051 Fax: (281) 471-4969 R.L. Utilities PO Box 1154 LaPorte, TX 77571 Phone: (281) 479-6567 Fax: (281) 476-9996 Caribbean Contractors 1013 Hodgkins, Ste. F Houston, TX 77032 Phone: (281) 987-2000 Fax: (281) 442-6888 Canyon Construction 3904 Cedarwood Pearland, TX 77584 Phone: (281) 489-3331 Fax: (281) 489-3337 JRC Construction, Inc. 6418 Coley Park Sugar Land, TX 77479 Phone: (281) 772-8524 Fax: (281) 494-6127 Triple B Services P.O, Box 836 Huffman, TX 77336 Phone: (281) 324-3264 Fax: (281) 324-1304 Angel Brothers, Inc. PO Box 570 Baytown, TX 77522 Phone: (281) 421-5721 Fax: (281) 421-2344 Moore & Moore Contractors PO Box 1517 LaPorte, TX 77572-1517 Phone: (281) 471-0145 Fax: (281) 471-0601 Triple B Services PO Box 836 Huffman. TX 77336 Phone: (281) 324-3264 Fax: (281) 324-1304 SER Construction 2500 City West Blvd., Ste. 1700 Houston, TX 77042 Phone: (713) 278-9890 Fax: (713) 278-9892 e e e e REQUEST FOR CITY COUNCil AGENDA ITEM AGENDA DATE September 18.2000 REQUESTED BY: Cynthia Alexander. DiL of Finance ~ REPORT RESOLUTION XXX ORDINANCE; In July 1994, the City entered into a contract with the City of Morgan's Point to assume it's Tax Collection operations. Under the terms of this contract, the City collects current and delinquent ad valorem taxes for the City of Morgan's Point through our Tax Assessor/Collector and the LaPorte Tax Office, and performs all related duties. The services performed include, but are not limited to: (1) Receipt of the Certified Appraisal Roll from the Harris County Appraisal District(HCAD); (2) Receipt and processing of all Correction and Supplemental Tax Rolls, (3) Provision of Tax Roll and payment data to mortgage companies, property owners and tax representatives; (4) Truth in Taxation calculations and public notices; (5) Deposit of Taxes collected into District account; and (6) Compilation and mailing of Tax billing notices, Staff is recommending that we renew this contract for a three-year period, to continue on a year to year basis thereafter. The City currently receives $3.60 for each separate assessed item on the Districts certified roll, as reported by the Harris County Appraisal District on its first roll. There are approximately 461 accounts, and the City currently receives approximately $1,660 per year for these services. This contract increases the compensation by twenty-five cents ($0.25) per item per year, with a cap of four dollars and thirty-five cents in the third year of the contract. Fiscal Year 2000-01 $3,85 Fiscal Year 2001-02 $4,10 Fiscal Year 2002-03 $4.35 The City expects to receive approximately $1,775 in Fiscal Year 2001, $1,890 in Fiscal Year 2002, and $2,010 in Fiscal Year 2003, ACTION REQUIRED BY COUNCIL: Approve and authorize a contract between the City of La Porte and the City of Morgan's Point for Tax Collection Operations. FUND N/A ACCT NUM: FUNDS AVAilABLE: APPROVED FOR CITY COUNCil AGENDA ~~ r: ~~ ROBERT T. HERRERA, CITY MANAGER q _ I '\. --() 0 DATE e e Ordinance No. 00 - ,,~~~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR THE CITY OF LA PORTE TO PROVIDE THE TAX COLLECTING OPERATION OF THE CITY OF MORGAN'S POINT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; 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 be 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. ~, 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, Article 6252-17, Texas Revised Civil Statues Annotated: and that this meeting has been open to the public as required 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. e e ORDINANCE NO oo-"43~ PAGE 2 Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, THIS 14TH DAY OF August, 2000 City of La Porte. By: I!fflrl~/~ Norman L Malone, Mayor ATTEST: ~~~~ Martha Gillett, City Secretary -- e e STATE OF TEXAS } } COUNTY OF HARRIS } TAX COLLECTION AGREEMENT THIS AGREEMENT for tax collection is entered into between the City of La Porte, Texas, a municipal corporation, hereinafter called ''La Porte", and the City of Morgans' Point, a municipal corporation, hereinafter called "Morgans' Point", acting herein by and through their governing bodies; and it is hereby agreed as follows: I. GENERAL SCOPE OF SERVICE La Porte hereby agrees to collect current ad valorem taxes and delinquent ad valorem taxes for Morgans' Point through its tax collector and tax office, and to act as the collection agency for Morgans' Point, performing all such duties related thereto. The services performed shall include, but not be limited to: receiving infonnation from the Harris County Appraisal District (HCAD) for purposes of the Certified Appraisal Roll and monthly changes thereto; providing tax roll and payment data to mortgage companies, property owners and tax representatives; providing all necessary assessments of taxes and Truth in Taxation calculations; and periodic remittance of payments received to Morgans' Point. II. BILLINGS La. Porte will send billing notices to the Morgans' Point's accounts in accordance with applicable state laws. La Porte will mail original bills on behalf of Morgans' Point in October followed by delinquent bills mailed in February and May. La Porte will take necessary steps to assure that billings are timely and accurate. Both La Porte and Morgans' Point recognize the accuracy and timeliness of billings is dependent upon infonnation received from the HCAD. III. REMITTANCE AND REFUND OF FUNDS Funds collected by La Porte on behalf of Morgans' Point will be forwarded to Morgans' Point on a weekly basis. Refunds of previously paid funds caused by changes in the tax roll as reported by the HCAD will be made in accordance with applicable state laws. Refunds of previously paid funds will be offset against future funds remitted. Funds that have been remitted to Morgans' Point's as collected that later are deemed uncollected by La Porte's bank. will be offset against future funds remitted. The collection of such funds will be performed by La Porte in the same manner La Porte follows to colled similar funds it is due. IV. REPORTS e e La Porte will provide Morgans' Point the following reports: Periodic: Billing amounts created by the original roll or monthly updates from HCAD. Weeldy: Summary totals of the previous week's collections. Monthly: Summary totals of all monthly transactions with reconciliation's to previously reported balances. Annual: Paid Tax Roll Delinquent Tax Roll La Porte will provide Morgans' Point with any specialized reports Morgans' Point might require, if requested in writing. La Porte will provide said specialized reports for Morgans' Point at a cost of $40.00 per hour spent compiling said specialized reports. V. AUDITS La Porte will provide to Morgans' Point auditor necessary explanation for all reports and access to Morgans' Point records kept and maintained by La Porte. In addition, if requested in writing by Morgans' Point, La Porte will provide audit schedules for Morgans' Point at a cost of $40.00 per hour spent compiling said schedules. VI. COMPLAINCE WITH APPLICABLE STATUES, ORDINANCES, AND REGULATIONS In perfonning the services required under this Agreement, La Porte shall comply with all applicable federal; and state statues, case law, opinions of the Texas State Attorney General, Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control, La Porte shall immediately ndtify Morgans' Point of that fact and the reasons therefore. VII. DELINQUENT COLLECTIONS La Porte shall assess and collect the Fifteen percent (15%) collection fee pursuant to Section 33.07 of the Property Tax Code, when permitted by law. La Porte will disburse the amount directly to the firm Morgans' Point has contracted with for Delinquent Tax Collections. La Porte and Morgans' Point currently utilize the same firm as their individual Delinquent Collection Attorney. Upon expiration of the Attorneys contract, continuance with the firm or selection of a new firm can be made separately by the respective governing bodies of La Porte or Morgans' Point VIII. TERMS OF AGREEMENT lbis agreement shall be for a tenn of three (3) years, commencing on August 1, 2000 and continuing through July 31, 2003. Either party may cancel this agreement by providing 180 days written notice to the presiding officer of the governing board of the other party. After the expiration of the three-year term, the agreement will automatically renew on a year to year basis unless terminated pursuant to this provision. IX. COMPENSATION e e La Porte hereby agrees to accept as compensation and Morgans' Point hereby agrees to pay to La Porte as full compensation, the sum of Three Dollars and Eighty-five Cents ($3.85) for each separate assessed item on Morgans' Point certified roll, as reported by the HCAD on its first roll and includes both those accounts certified and uncertified, for the 2000-01 Morgans' Point fiscal year. The compensation shall increase each year by twenty-five cents ($0.25) for each separate assessed item with a cap of four dollars and thirty-five cents ($4.35) in the third year of the contract. La Porte shall invoice Morgans' Point, and Morgans' Point shall pay La Porte by February 28th for the tax year just billed. La Porte may retain all fees received for issuance of tax certificates on Morgans' Point accounts, to compensate for the cost of the issuance of such tax certificates. jll JL . WITNESS OUR HANDS, this k!.:!1J..Aay of {~~f. ,2000. City of La Porte By: ;("~~/..--- q-,fFdd r yor Norman Malone Date ~T' irtJ,L,;/ Lbf City ecretary 711-100 ate . " .-' () c) A~ 'A0U) . City Setary .1 1/ ~ 1- /,~ i~~ Date e e RRQnR.FOR CITY conNCTT, AGF,NnA 1& Agenda Date Requested: ~ Requested By: Steve GilleW -1~tp{partment: PlIhlic Worh XX Report _ Resolution _ Ordinance Exhibits: Bid Tabulation and Bidder's List SnMMARY & RRCOMMRNnATION Sealed bids #0812 for vehicles were opened and read on August 28, 2000. Bid requests were mailed to nine (9) vendors with three (3) returning bids and one (1) No-Bid. Low bid meeting specifications for Item 1 - Patrol Cars, Item 2 - Police Pkg Sedan, Item 3 - Intermediate 4-dr Sedan, Item 6 - 3/4 Ton Pickup 4 dr, Item 7 - 3/4 Ton Pickup wi Animal Control Body, and Item 8 - 1 Ton Cab & Chassis were submitted by Philpott Ford. Low bid meeting specifications for Item 4 - 1/2 Ton Supervisor Pickup and Item 5 - 1/2 Ton Bi-Fueled Pickup were submitted by Lawrence Marshal1. All vehicles in Items 1,2,4, 5, 6, and 7 and one vehicle in Item 3 - Intermediate 4 door Sedans are funded through the Motor Pool Replacement Program. The total cost of the Replacement Vehicles is $224,255.00. Funds in the amount of $235,138.00 were budgeted in the 2000-01 Motor Pool Replacement Program Budget. The remaining two vehicles in Item 3 - Intermediate 4dr Sedans are funded in the 2000-01 Police Department Operating Budget. One vehicle is budgeted in the Criminal Investigation Division (5256) and one in the Support Services Division (5258). The total cost of the two vehicles is $29,594.00 with $35,600,00 budgeted. Item 8 - 1 ton Cab & Chassis is funded in the 2000-01 Wastewater Collection Operational Budget. Total cost of the vehicle is $22,182.00 with $25,000.00 being budgeted. Action Required by Council: Award bids for Item 1 - Patrol Cars, Item 2 - Police Pkg Sedan, Item 3 - Intermediate 4- dr Sedan, Item 6 - 3/4 Ton Pickup 4 door, Item 7 - 3/4 Ton Pickup wi Animal Control Body, and Item 8 - 1 Ton Cab & Chassis to Philpott Ford. Award bids for Item 4 - 1/2 Ton Supervisor Pickup and Item 5 - 1/2 Ton Bi-Fueled Pickup to Lawrence Marshall. Availability of Funds: -L General FumL..x_ WaterlWastewater _ Capital Improvement_ General Revenue Sharing .X- Other - Motor Pool Replacement Fund Account Number: Variom: Funds Available: X YES _ NO Approved for City Cmmcil Al?:enda (f)~ \, \\~ Robert T. Herrera City Manager q -'l~-o u Date e - BID TABULA TION BID # 0781 - VEHICLES PHILPOTT LAWRENCE LES MARKS McREE DESCRIPTION QTY FORD MARSHALL CHEVROLET FORD INC 1) Patrol Cars 4 $21,288.00 $22,272.00 NO BID NO BID Total $85,152.00 $89,088.00 NO BID NO BID 2) Police Package Sedan 1 $20,595.00 $21,567.00 NO BID NO BID Total $20,595.00 $21,567.00 NO BID NO BID 3) Intermediate 4 Door Sedan 3 $14,797.00 $14,972,00 $15,400.00 NO BID Total $44,391.00 $44,916.00 $46,200.00 NO BID 4) 1/2 Ton Pickup. Supervisor's 1 $14,888,00 $14,720.00 $15,000.00 NOBID Total $14,888.00 $14,720.00 $15,000.00 NO BID 5) 1/2 Ton BI-fueled Pickup 2 $20,242.00 $19,962.00 NO BID NOBIO Total $40,484.00 $39,924.00 NO BID NO BID 6) 3/4 Ton Pickup - 4 Door 1 $22,088.00 $23,087.00 $24,700.00 NO BID Total $22,088.00 $23,087.00 $24,700.00 NO BID 7) 3/4 Ton Pickup w/Animal Control Body 1 $26,979.00 $30,620.00 NO BID NO BID Total $26,979.00 $30,620.00 NO BID NO BID 8) 1 Ton Cab & Chassis 1 $22,182.00 $22,496.00 NO BID NOBID Total $22,182.00 $22,496.00 NO BID NO BID OPTION 8A) 1 Ton Cab & Chassis - Diesel 1 $25,820,00 $26,794.00 NO BID NO BID Total $25,820.00 $26,794.00 NO BID NO BID e A C COLLINS FORD 4242 E. SAM HOUSTON PRKY SOUTH PASADENA, TX 77505 LA PORTE FORD 621 HWY 146 SOUTH LA PORTE, TX 77571 LES MARKS CHEVROLET PO BOX 1119 LA PORTE, TX 77572-0119 ORANGE COUNTY FORD 1601 GREEN AVE ORANGE, TX 77630 PAYTON WRIGHT 4400 WEST HWY 114 GRAPEVINE, TX 76051 CHAMBER OF COMMERCE PO BOX 996 LA PORTE TX 77572-0996 e BIDDER'S LIST SEALED BID #0812 VEHICLES BILL HEARD CHEVROLET PO BOX 530 HOUSTON TX 77487-0530 LAWRENCE MARSHALL CHEVROLET PO BOX 983 HEMPSTEAD, TX 77445 MCREE FORD P.O. BOX 577 DICKINSON, TX 77539 PHILPOTT FORD PO BOX 876 PORT NECHES TX 77651 BA YSHORE SUN PUBLISH DATES: AUGUST 13, 2000 AUGUST 20, 2000 e MEETING HANDOUTS e e e SIGN IN SHEET Please sign in. PRINT your name and address. If your wish to speak before Council please complete the form to the right. e e Date: ~/d51(){) t Name: iJCIG I K!l-tJNWr k>~~GT1L r Address: dd. '1 ~ Y ~ City, State, Zip: I A-1-kr~ n ~757( Subject on which I wish to speak: 4 - if--- !1l'1eN~/v I b e e Date: f~O Name: ~~~ Address: ~ f/ Ilf r City, State, Zip: ~jJMiu 1577 / Subject on which I wish to speak: ,.-- aF~ df: ~ e e Date: Name: Address: if ;2.:2-5. I ~ City, State, Zip: SUb~~Ch~;Sh'~ Date: e 1 #.s-4tJ I ( e Name: ::MAJ /U. /d'4JJ Address: /tJJ ftyv-r/-I Y 5, City, State, Zip: / . A ~/I~.4rE/ /K ..- ~?5'-l- / Subject on which I wish to speak: A~K /J~ IrE' fi4 # 6-'" Date: e q/~)-oo e Name: '\./()0Yl fi;c/:;e Address: III 4, Y ~ City, State, Zip: ~ ~O Subject on which I wish to speak: ~d~ //Hn IJ; 5 .e e Date: q .. 8.S""- 00 Name: '\\. J.~ Address: y dDd ~~ Ci~, State, Zip: 1\ I ~V~ J ~A{ rlll?:; 1\ , Subject on which I wish to speak: o ~()rI'.-J..~~CS