HomeMy WebLinkAbout09-01-1987 Meeting•
LA FORTE AREA WATER AUTHORITY
MINUTES/AGF,L~TDA & BACK UP
SEP'TE[~ER 1, 1987
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LA FORTE AREA WATER AUTHORITY
MINUTES/BACK UP
SEPTEMBER 23, 1987
''-~' PORTE ARIA 4dATER AUTHORI`'
' I~iliw;UTES
• SEPTEI*iBER 1 , 1987
1. The meeting was called to order at b:00 P.M. by President ,Jerry
Bramlett.
MEMBERS PRESENT: President Jerry Bramlett, slice President Rick
Matthews, Secretary Claude Graves, Member Mike Wadsworth.
OTHERS PRESENT: Assistant City P~lanager John Joerns, Public
IArorks 1~5.rector Steve Gillett , ~tiTater/4Jastewater ~>uperintendent
Buddy Jacobs, Authority Attorney John Armstrong.
2. The minutes of the meeting held on August 17, 1987 were read and
approved.
3. John Joerns distributed and discussed a letter that was received
frorn Mike Marcotte of the City of Houston. This letter is in
response to the meeting held with h9i1<e Alarcotte, Bob Herrera,
John Armstrong, Steve Gillett, and Jerry Bramlett regarding the
contract with the City of Houston. The areas of change were
brought to attention by Steve Gillett and discussion was held.
John Armstrong suggested we revise the contract and deliver to
his office for review as quickly as possible. This will also be
an agenda item at the next meeting.
John Joerns stated that Bob 1-lerrera has pursued the interim
financing and things are going well.
4. Jerry Bramlett discussed the meeting held with Espey/Huston on
their contract, and various points were brought to attention. He
felt they would do an excellent joh. John Armstrong stated he
has reviewed this contract and everything is in order. A motion
was made by Claude Graves to approve the Espey/Huston contract
subject to minor changes. Seconded by Rick Matthews. Motion
was unanimous.
5. There being no further business, the meeting was adjourned at
7:25 P.M.
Respectfully Submitted,
. ~.
Claude Graves
Secretary/Treasurer
PASSED AND APPROVED:
ON THIS ~~ T}AY 19~
~ ~ ~ ,
erryV~~t, Yresiaen
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CITY OF HOUSTON
Post Office Box 1562 Houston, Texas 77251
Kathryn J. Whitmire, Mayor
CrtY COUNCIL MEMBERS: Laity McKoskle • Ernest McGowan. Sr. • George Greanbs • Rodney HIIs • kook O. Mancuso • John G. Goodner • Ctuistln Hartung
Dale M. Gorczynski • Ben L Reyes • Jim Wesimorebnd • Eleanor Tinsley' Jim Greenwood • Anthony W. HaI1. Jr. ~ Judson Rabkuon, Jr. • CITY CAhRROLLER: Lance Lakx
August 24, 1987
Mr. Robert T. Herrera
City Manager
City of LaPorte, Texas
P.O. Box 1115
LaPorte, Texas 77571
Subject: Capital Cost Sharing Project Contract
Southeast Water Purification Plant
LaPorte Area Water Authority
Dear Mr. Herrera:
. In response to our August 3.3, 3.987.. 7neetinq and yoar • Setter c3at~d
August 14, t3ie -follo~inq n;aterials are #nrwarded to' you:
1. Comments on your April 9, 1987 draft contract prepared by
Bill Beauchamp of the City's Legal Department.
2. A projected "cash flow" for future payments of the capital
__ ._. cast of the Southeast Plant, based on our most current estimates
.- _. of costs, and assuming an initial payment on or October 1,
1987.
3. An updated summary of capital costs for the project.
Please note that Mr. Beauchamp's proposed changes address the
issue of the Point of Delivery" (the intersection of the east
plant boundary and the northern boundary of the CWA right-of-way)
and one of the three payment options previously discussed. You
should further explore your distribution line alignment with the
Coastal Water Authority to assure that this point of delivery is
consistent with their current requirements.
While the three payment options presented in previous contract
drafts remain viable, I believe that the method proposed in Mr.
Beauchamp's material offers significant benefits to both parties
at this time.
• .
Mr. Robert T. Herrera
August 24, 1987
page two
Our water plant construction project is progressing well, and we
currently anticipate completion of the facility and delivery of
treated water by July 1, 1989. I will continue to advise you on
our schedule and expenditures.
Upon receipt of an acceptable executed contract from the
Authority, I will endeavor to place the contract on the agenda
for City Council approval within fourteen days. After approval of
Council and countersignature by the City Controller• (this latter
process could require up to two additional weeks), the approved
contract could be returned to you.
Truly yours,
GrYV` d,ZS•S~
Michael S . Marcotte, 1~. E.
Assistant to the Director
Department of Public Works
. cc: E_ W~ .8ean~hamp
MSM:Zu
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EWB192
Changes based on La Porte Draft
of~ 4/9/87
0 1.04 "Billing Period" means a three (3) month month period
ending at 8:00 o'clock A.M. on the first day of October,
January, April and July or such other three month periods
mutually agreeable to the Director and the Authority.
0 1.18 - capitalize "Billing Period"
1.20 - capitalize "Billing Period"
0 2.02 (iv) ~d7
(f) Houston may enter into appropriate agreements with: the
Coastal Water Authority to provide capital financing or
construction for the surface water transmission facilites~and
for the continued operations and maintenance of the raw
surface water transmission facilities portion of the Project.
The CWA contract for the construction of ..Line B as depicted on
.. - 3:zhibit "C' :awarded :_ in June 1987, :is a ~, record of :CWA
and has been reviewed and approved by the Authority.
0 2.04 (i) & (ii) - Replace with:
i. Authority shall pay to Houston Hundred
Thousands and No/100 ($ ) Dollars on or.l~afore
thirty (30) days following the date of execution of.this
Contract.
ii. Houston shall invoice the Authority for payment Qf its
share of capital costs at the expiration of each c~tleadar
quarter (December, March, June, September)... Each
quarterly payment hereunder shall be the amount necessary
for the Authority to "catch up" its pro rata contribution
under this Contract. ("Catch-up" asp used herein means
that the percentage of the pro rata share of estimated
Construction Costs paid by the participant equals-`--the
,, percentage of the estimated Construction costs paid for
1ii21~y~~ ~ ~ ~~-construction of the Project.
3.04 There shall be furnished and installed by Authority, as
~,,s ~)~~ ~~e~part of the Project.
~qo
~'`~~- i~ Y o 4.02 (i ) middle of q: ,." ...plus Excess Production and Pumpage
.~~{~ s Fees, if applicable...
_ - ~ - ; G
~~.~.~ <
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,.
" EW8192
0 4.02(iii) - middle of y: use "O&M Expense" or "Production and
Pumping O&M Expense" rather than "0&M Production and Pumping
Expense"
0 5.05 - Eliminate last two paragraphs.
o Exhibit A -
The "Point of Delivery shall be the intersection of the
east property line of the site of Houston's Southeast Water
Purification Plant and the northern boundary of the CWA
right-of-way for Line B as described on Exhibit C.
-2-
_.. - ...
,. ,.r _ .-- - - -_ - - _ _.
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SOUTHEAST WATER PURIFICATJON F'LANT
G'rFlirninarw Cost Allocation
C_~st Element Total Cast Production F'urnping Total
_ __ __ MULT. 1.__MUL.T__.2 Cost.. - _ _ __ MULE 1__MUL_L..2_CPst. ,_ _.___
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P.aw Water Suooly '
96 in pipeline
Dec>i gr~ f2, 060. 000. 00 1.00 0. 3~'. #659, 200. 00 0. 00 0. 00 f0. 00
Acq ~.r i s i t i r_.n f800, 000. 00 1.00 0. 32 1256, 000. 00 0. 00 0. 00 40. 00
Ganstruction _ f12, 138,.232..48. ....1.. 00 _. . 0. 32 .-13.884, 234...39... .. ~. RIQ#. ._ QL~!¢ . _ __-_.____ __ s0_. 00 _ __ _
G'IIm OS & Connect icros
De•si or, 4950, 000. 00 1.00 0. 35 #334, 801.76 0. 00 0. @0 f0. 00
Construct ion 410, 125, 000. 00 ..1.00 0. 3v ;3, 568, 281.94 0. 00 0, @0 40. 00 _
~~_ibtr.tal Raw Water f26, 073, 23'2. 4B #8, 702, S1B. 09 f0. 00 fB, 702. 518. 09
Treatment ~'lant
Land Acqu i s i t i Orr f6, 560, 790. 00 0. 73 0. 1 1 #510, 866. 85 0. 27 0. 1 1 f 188, 950. 75
Site Cleanup fl, 560, 000. 00 . _. 0..73__ . . 0. 00 f0. 00 0. 27 - ..0. 0@- _30. 00 _-_-
Fnvineer-ina
G'r-e 1 i rn i nary G'hase (603, 904. 93 0. 73 0. 1 l f47, 024. 06 0. 27 0. 1 1 $17, 392. 46
Siting Study f14.Qi,659.80.. ._ 0..73- __0.11 - (11,342.04_ -0.27 . ...0. 1.1 .____.._.,(4, 195.00 _ _ -
F i na 1 Design 160 mgd f5, 872, 376. 40 0. 73 0. 30 ~2, 143, 417. 39 0. 27 0. 50 6792, 770. 81
F i na 1 Des i qr. 80 rngd f 1 , 1 19, 163. 43 0. 73 1.00 (816, 989. 30 0. 27 1.00 (302, 174. 13
Construct iun Phase Svcs 41, 762, 050. 00 0. 73 - 1.00 ~1, 286, 296. 50 0..27 -...1.00 _ (475, 753. 50
87 C I P Re 1 at ed [-'ra i s 450, 000. 00 0. 73 0. 1 1 f3, 893. 33 0. 27 0. 1 1 f 1, 440. 00
Bid Amount 472, 976, 261.00._. 0.-73 .. ._1.00.. #"U3, 272, 670. 53 . 0..27. _ ._.1.00._ _(19, 703, 590. 47 ...__ __ _
ConL i agency f3, 648, 813. 05 0. 73 1.00 =2, 663, 633. 53 0. 27 1.00 5985,179. 52
87 CIF' Re 1 a t ed Pro.) s f 13, 889, 000. 00 0. 73 0. 11 >~ 1, 081, 490. 13 0, 27 0. 1 1 (400, 003. 20
Construction Momt
En s i c 3erv i ces (675, 000. 00 0. 73 1. @0 (492, 750. 00 0. 27 1.00 f 18::, 250. 00
1 nsnect i ~ .n f3, 683, 956. 00 0. 73 1.00 ;2, 689, 287. 88 0, .y,.7 1.00 (994, 668. 12
rest i no f 1, 440,.970. 00_. _ 0. Z3 _ _ _1..-0@._ . #1, 051, 908. 10__ - '. 0. 2Z _-.1,..@0 f389, 061.90
S~..rbtat a1 C'lar~t fi 13, 987, 944.61 fbb, 071, 569. 6S f24, 437, 429. 87 f90, 508, 999. 52
TpTat._ Pi_ANT + RAW
4140, 061, 177. 09 --- ..... - -- __
#74, 774, 087. 74 - - --_ -_-- J
f24, 437, 4C9. 87 f99, ~1 1.517. 61
LaG'._~rte Area Wtr Auth -Share
-- -- __..
-- _:3, 92~, 639. 61__ _._~-
- _;569
- --- .3'32. 12 _
MUI.~' . ,3 MULT 2
Distribution
Prel irn Erroineerir~g fl, 132, 875. 00 0. r15 0. 11 456, 077. 31
Final Design f1, 665, 935. 00 0,18 0.33 (249,890.25
Construction f29, 383, 200..00- --____-- _ --. --- -0,_lf.T1-._Q..33_ _ f4,, 407~48Q. 0Q
TOTAL DISTRIL+UTION f32, 182, 010. 00 f4, 713, 447. 56
LG'arte Ar^ea Wtr Ar.rth Share Distribution
cr-.araD Tn'rA~_ 1172, 243, 187. 09
r•••t:. ;.~::,rtF a:.aa Wtr A•_rth Share
f0. 00
f4. 495.0 1. 7~
NOTES: ,~
1. preli minary -- as of Jr_tly 1, 1387
c.. G~eak plant capacity 8Q mgd; peak pumping capacity '25 rngd.
~.. Ass~_un es ultimate construction of 7;~~ rngd plarit.
q, ML1lT 1 = G~roduct icm/pumping Allocation. Factor_ (73/27) _. _ _.-__.... -__ .._ .._ _._ ____ _ _ __._..
hULT ~ = Cost allocated to this protect in context of overall SEWFG protect.
MULT 3 = Distance Allocation on Distribution pipeline t6/D in Seq q, 09)
5, FINAL G~ROJECT COSTS TO PE PASED ON ACTUAL EXF~ENDITURES. _
•
n _ _
DATE Cash cents/1000
_.
J~.il-A7 382;,.780.00 f0. 20
Oct -87 f 1, 346, 800. 00 f0. 32
,tan-88 31 , 749, 800. 00 30. 42
Aar-88 3.-:, 1 SB, 200. 00 f@. ~l '~`, . '
J~.i 1-8B s2, 522, 034. 00 f0. b0 ~ .
Oct -8t1 33, 0~4, 300. 00 f0. 73
Jar.-89 33, 606, 600. 00 f0. 86
Rpr-83. f4, 015, 000. 00 .. fQr. 96 .. _--------~-- -- -
.J ~.~ 1 -99
f 4, 495, 031.00 . _._
i l . 07
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LA PORT~°, AREA Iti`ATF~'R AIJTHCIRITY
h1IP~;UTFS
AI1C'.UST 17, 1967
1. The meeting ti~ras called to order at 12:10 P.Pi. by Secretary Rick
Matthews .
1`~iEN1F+ERS PR)~~SE1~T: Secretary Rick 1`;atthews, h".ember Jerry
F~ramlett, P'?ember Claude Graves, t~iember-F?lect P~1i.ke rdad.sworth.
OTHFR.S PRESEPIT: City T°'aana~;er Bab Herrera, Assistant City
~1an~er John Joerns, Public ir,'orks i~irector Steve Gillett,
6~ater/t~.'astewater Superintendent Buddy Jacobs, Authority
Attorney John Armstron~~.
2. The minutes of the meetings held July 2, 1987 and July 16,
1987, were read and approved.
3. The Oath of Office ~1as adrriinistered to P~iike tdadsworth ,
r~iember-elect by John A.rmstron~;.
4. An election of officers was held ~~rith Claude Graves makin? the
recommendation of Jerry F?ramlett as President, Rick i~atthews as
Vice President and hir;~~se1f as Secretary. Motion was seconded
by R'icl-: i-~atthevas. Passed unanimausly.
5. Jerry P'ramle.tt brought the subject of scheduled meeti.np times
up f'or discussion. Nick Matthews ?rade motion that rneetinz.;s
would re held on ti~iednesday~s at 6:00 P.M. at the Public rr~orks
Facil.i_ty, when at aJ_1 possible. Seconded bar Claude Graves.
Passed unanimously.
6. F<ob Herrera. discussed a meeting that caas held betctireen Jerry
}~raTclett, John Armstrong, Steve Gillett and himself with i~~iilre
P~larcotte of the City of Houston re~;ardin~T the contract and the
Board ~ s concerns . A letter from ~°_~ike P9arcott,e on the aE%reemer.t
reached at this meeting; is to be nailed to E3ob ~3errera~s
office. Once this Letter is received a copy drill be hand
delivered to each Board members horse. C1opi.es of 1..etters mailed
to the City of Houston fror.~ Bob Herrera Caere distributed to
Board merr,bE;~rs (copies attached) . P~oh E{errera stated if' he did
pat, hear arythi n~ frc:m the C:i.ty af' t'ouston by Nor.day, August
2~i , 1987 he would cal 1 them a~:ai.n .
* ~
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Pale Two
~^inutes
~u~ust 17, 19£;,7
7. Copies of the Draft Contract with Fspey, Huston ~ Associates
on Professional. Fnp;ineerinl-: Services for the Design and
Construction of a Potable Treater Transmission Line and
Distribution Sys t. ern ~,rere distributed (cop,y attached) . Lob
rierrera stated one of the issues that rerrai ns outstanding; is
the .item of f'ur.dir~~. Discussion i~,as held on funding;
possibilities. He recornr~~ended the .Board authorize approval of
entering into contract rYe~otiations with Fspey, Ht.iston R
Associates. He also su~;g;ested have a meeting; with Fspey, Huston
?~ Associates within the next T•reek or so. The meeting wi1.]. be
posted and everyone notified of"ter date and tune are
finalized. Jerry Firar~lett sugw;est;ed everyone read the contract
thoroughly. ~
F~. John Arrnstronr discussed the annexation of the Bayshore
N,unicip~~.1_ Utility l:ilst riot (IAYh1UD) he received and he d.oesn ~t
f'a_nd it meets the prerequisite set by the lave. Th.e petition
(copies attac'.ned) t~,~as drafted correctly but not certif"ied by
the F~ayPiUD Board of Directors. This is not a recordable
document that we have received . Bob Herrera su~TE~~ested John
Arrr:stron~; send a letter to Bayi~~Ul on wY!at we have found and
what ~,Te need. to do. Jerry F~ramlett stated tree reason for• ttii.s
annexation is IiayN;UD"s request to have a merrber of the La Porte
Area. rr~~at.er Authority F'oa.rd .
9. Tr~ere being no f`'urther business, the meeting was adjourned at
1:r!~ P.M.
Res,rectf'ully Submitted,
Claude Graves,
Secretary/Treasurer
P~i.SSF'D APdD APPI~OtiE1`:
GN THIS ~ DAY _, 19~
_Je amlett, President
OATH OF OFFICE
•
I, t~iIK.F. WADS6~dORTH , do solemnly swear (or
affirm), that I will faithfully and impartially execute the duties
imposed. upon me by law as a member of the LA PORTS AREA G?ATER
AtITHORITY, and I furthermore solemnly swear (or affirm), that I
have not directly or indirectly paid, of"fered, or promised to
contribute any money or valuable thing, or promised any public
office or employment, a.s a reward to secure my appointment. So
help me God.
g /?
Subscribed and sworn to before me, by the said ~t~l~ w~JSwORf~{,
this the r~ ~ day of S~ , 1987, to certify which
witness my hand and Seal of Office.
a~ P~" •,
#F 'a Pdc;tsry Pt~fal~~ ~~~ vrtd t~?s tia~
t s..•• ;5 ~ s~at~ t~3 Texss
' ~`~.'±lf~•QF•'i~~~~ My Camm-sso~n Exp6res 06-0~-90
KNOX W. ASKINS, J. D., P. C.
ATTORNEY AT LAW
JOHN O. ARMSTRONG. J.O.
ASSOCIATE
August 14, 1987
Mr. ill Beauchamp
City Houston
Legal tment
P.O. Box 1562
Houston, TR 77251
702 W. FAIR MONT PARKWAY
P, O. SOX 121
LA PORTE, TEXAS 77 5 71-121 8
TELEPNONE
71J 471.168
Re: LaPorte Area Water Authority; Contract for Participation by LPAWA and the
City of Houston Southeast Treatment Plant ,,.~~.
>.
Dear Bill:
Thank you for responding so promplty to my call of August 11, 1987, requesting a
meeting between the LaPorte Area Water Authority and the City of Houston
regarding the Authority's participation in the City of Houston Southeast
Treatment Plant.
Your courtesy and pranptness in scheduling this meeting was very much
appreciated.
As I understand it, you are to forward to me a marked up copy of the April 9,
1987 contract submitted by the LaPorte Area Water Authority to the City of
Houston, indicating changes you consider important, so that the authority may
take said changes into account and respond to the City of Houston in a timely
fashion.
As you understand, and as wee discussed at the meeting of August 13, 1987, the
LaPorte Area Water. Authority is powerless to proceed in terms of arranging for
financing, construction of the line to the plant from the Authority, and_the sale
and distribution of Authority bonds used to finance the plant, without a contract
from the City of Houston. Therefore, I further appreciate the commitment to me
at our August 13, 1987 meeting to prepare this markup and send it to me on or
before August 21, 1987. Your speedy assistance will enable us to get on board as
full customers and partners in the Southeast Treatment project as soon as
possible.
As we colim~micated to you at the meeting, it is our desire to move as quickly as
we can to finalize this deal and meet the mandate that the Authority has received
to convert to surface water by 1990.
If my understanding of ,our meeting was incorrect, or if you have any further
questions or eaments, please feel free to give me a call. Be assured I have
been instructed to give this-matter my fullest attention,.and I will be'in a
position to zespond to you in immediate fashion.
/ _ .
•
Mr. Bill Beauchamp
Houston, TX 77251
Again, Bill, thanks for your help, and I am,
JDA:st
cc: obert T. Herrera
~PAWA General Manager
Steve Gillette
Director of Public Works
City of LaPorte
Board of Directors
LaPorte Area Water Authority
Mayor and City Council
City of LaPorte
August 14, 1987
Page 2
Ver u urs,
Jo A strong
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=~
August. l4, 1987
Mr. Robert T. Herrera
City Manager
City of LaPorte
City Hall
LaPorte, Texas 77571
Mr. Michael Marcotte
Departm of Public Works
Cit Houston
P .Box 1562
ouston, TX 77251
Re: LaPorte Area Water Authority; Contract for Participation by LPAWA and the
City of Houston Southeast Treatment Plant
Dear Mike:
Thank you for meeting with Bill Beauchamp of the City of Houston's legal
department, John Armstrong, Attorney for the LaPorte Area Water Authority, Steve
Gillett, Director of Public Works for the City of LaPorte, Jerry Bramlett,
Director of the LaPorte Area Water Authority and myself on August 13, 1987. The
purpose of this letter is to briefly outline our understanding of what transpired
at the meeting, together with our understanding of the next step that is to take
place between us to finalize contract negotiations.
First, it is our understanding that you will in writing commit to me a take point
on the east side of the City of Houston's Southeast Treatment Plant for the
LaPorte Area Water Authority. Next, it is our understanding that the City of
Houston is still committed to a July 1, 1989 delivery date for treated water to
the Authority.
Further, it is our understanding that you are still catmitted to the three
payment options that you previously outlined to us by letter. It is our
responsibility to visit with our bond counsel, Richard Schwartz of the lawfirm of
Baker & Botts, and ascertain from said bond counsel which of the three options is
most appropriate for the Authority. You indicated to us in the meeting that
although you would accept any of three options, your preference is to proceed
with option number three, in which the LaPorte Area Water Authority is to make
progress payments to the City of Houston, upon billing by the City of Houston.
As we understand it, we would need to make a downpayment which would represent
progress payments on construction that would already have been owed by the
Authority to the City of Houston under this option.
Bill Beauchamp, of the City of Houston's legal department, indicated that he
would present to our attorney, John Armstrong, a marked up draft of the April 9,
1987 contract that we submitted to the City of Houston. The purpose of this
draft would be in dealing with all agreed technical and legal matters. As we
• •
La forte AreaW~terAuthority
PHONE ( 7131 471.5020 • P. O. Box 1 1 1 5 • LA PORTE. TEXAS 77571
.~
w ~
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Mr. Michael Marcotte August 14, 1987
Houston, TX 77251 Page 2
understand it, Mr. Beauchamp has indicated that the April 9, 1987 draft is
basicly acceptable to him, but that he reserves the right to make additional
proposed changes based upon his further study of the contract. Mr. Beauchamp
committed that he would respond to our attorney in writing on on before August
21, 1987.
Finally, you indicated that you would be sending to me at your earliest
convenience a progress payment schedule, indicating what moneys the Authority
would owe as of October 1, 1987, together with anticipated future progress
payments, based on the requested capacity by the Authority. I am advancing my
file one week and awaiting your response on this issue.
If this letter does not accurately reflect the meeting that took place between
us, or if you have any further questions or comments, please let me know.
I appreciate the courtesies you have extended to us thus far, and I remain,
Very truly yours,
Robert T. Herrera
General Manager
LaPorte Area Water Authority
RTH:st
cc: Steve Gillett
Director of Public Works
City of LaPorte
John Armstrong
LPAi~1 Attorney
ward of Directors
vLaPorte Area Water Authority
Mayor and City Council
City of LaPorte
Harris Galveston County Coastal
Sut~idence District
1668 West Bay Area
Friendswood, TX 77546
Texas Water Commission
15531 Ruykendahl, Suite 35~
Houston, TX 77A90
• •
AGREEMENT BETWEEN
LA PORTE AREA WATER AUTHORITY
AND
ESPEY, HUSTON & ASSOCIATES, INC.
FOR
PROFESSIONAL ENGINEERING SERVICES
~ ~ `a ~ M ~
D
~~:,_}_: ! ~ err
I~ ,
~~
DA~`I~~
~,~y-~~
August 198?
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TABLE OF CONTENTS
Page No.
TABLE OF CONTENTS 1
IDENTIFICATION OF THE PARTIES 1
DESCRIPTION OF THE PROJECT 1
SECTION 1 BASIC SERVICES OF ENGINEER 2
1.1 General 2
1.2 Design Engineering Report Phase 2
1.3 Reserve 3
1.4 Final Design Phase 3
1.5 Bidding or Negotiating Phase 5
1.6 Construction Phase 6
1.7 Operational Phase 12
SECTION 2 ADDITIONAL SERVICES OF ENGINEER 13
2.1 Services Requiring Authorization in Advance 13
2.2 Required Additional Services 15
SECTION 3 OWNER'S RESPONSISILTTIES 17
SECTION 4 PERIODS OF SERVICE 21
SECTION 5 PAYMENTS TO ENGINEER 25
5.1 Methods of Payment for Services and Expenses
of ENGINEER 25
5.2 Times of Payment 29
5.3 Other Provisions Concerning Payments 30
5.4 Definitions 31
SECTION 6 CONSTRUCTION COST AND OPINIONS OF COST 32
• 6.1 Construction Cost 32
6.2 Opinions of Cost 32
SECTION 7 GENERAL CONSIDERATIONS 34
7.1 Termination 34
?.2 Reuse of Documents 34
7.3 Insurance 3 5
7.4 Controlling Law ~ 36
i
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TABLE OF CONTENTS (CONCLUDED)
7.5 Successors and Assigns
SECTION 8 SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
Exhibit A -Further Description of Basic Engineering
Services and Related Matters
Exhibit B -Duties, Responsibilities and Limitations
of Authority of Resident Project Representative
37
38
40
43
ii
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AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
•
THIS IS AN AGREEMENT made as of , 1987 between The La
Porte Area Water Authority (OWNER) and Espey, Huston & Associates, Inc.
(ENGINEER). OWNER intends to construct surface water transmission facilities to
distribute treated water received from the City of Houston's Southeast Water
Purification Plant as herein defined (hereinafter called the Project).
OWNER and ENGINEER in consideration of their mutual covenant herein agree in
respect of the performance of professional engineering services by ENGINEER and
the payment for those services by OWNER as set forth below.
1
:,
•
SECTION 1 -BASIC SERVICES OF ENGINEER
1.1 General
1.1.1 ENGINEER shall provide for OWNER professional engineering services in
all phases of the Project to which this Agreement applies as hereinafter provided.
These services will include serving as OWNER's professional engineering representa-
tive for the Project, providing professional engineering consultation and advice and
furnishing customary civil, structural, mechanical, process, and electrical
engineering services incidental thereto.
1.2 Design Eagineering Report Phase
After written authorization to proceed, ENGINEER shall:
1.2.1 Consult with OWNER to clazify and define OWNER's requirements for
the Project and review available data.
1.2.2 Advise OWNER as to the necessity of OWNER's providing or obtaining
from others data or services of the types described in Section 3.4, and assist
OWNER in obtaining such data and services.
1.2.3 Identify and analyze requirements of governmental authorities having
jurisdiction to approve the design of the Project and pazticipate in consultations
with such authorities.
1.2.4 ~ Provide analysis of OWNER's needs, planning. surveys, site evaluations
and comparative studies of prospective routes, sites and solutions.
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1.2.6 Prepare a Report containing schematic layouts, sketches and conceptual
design criteria with appropriate exhibits to indicate clearly the considerations
involved (including applicable requirements of governmental authorities having
jurisdiction as aforesaid) and the alternative solutions available to OWNER and
setting forth ENGINEER'S findings and recommendations. This Report will be
accompanied by ENGINEER's opinion of probable costs for the Project, including the
following which will be separately itemized: Construction Cost, allowance for
engineering costs and contingencies, and (on the basis of information furnished by
OWNER) allowances for such other items as charges of all other professionals and
consultants, for the cost of land and rights-of-way, for compensation for or damages
to properties, for interest and financing charges and for other services to be
provided by others for Owner pursuant to paragraphs 3.7 through 3.11, inclusive.
The total of all such costs, allowances, etc. are hereinafter called "Total Project
Costs".
1.2.7 Furnish 30 copies of the Design Engineering Report documents and
review them in person with OWNER
The duties and responsibilities of ENGINEER during the Design
Engineering Report Phase are supplemented as indicated in paragraph 2 of Exhibit A
"Further Descriptions of Basic Engineering Services and Related Matters".
1.3 Reserve
1.4 Final Design Phase
After written authorization to proceed with the Final Design Phase,
ENGINEER shall:
1.4.1 On the basis of the accepted Design Engineering Report Phase
documents and the opinion of probable Total Project Costs prepare for incorporation
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into the Contract Documents final drawings to show the general scope, extent and
character of the work to be furnished and performance by Contractor(s) (hereinafter
called "Drawings") and Specifications (which will be prepared in conformance with
the sixteen division format of the Construction Specifications Institute).
1.4.2 Provide technical criteria, written descriptions and design data for
OWNER's use in filing applications for permits with or obtaining approvals of such
governmental authorities as have jurisdiction to approve the design of the Project,
and assist OWNER in obtaining approvals and permits from all appropriate
authorities.
1.4.3 Advise OWNER of any adjustments to the latest opinion of probable
Total Project Costs caused by changes in general scope, extent or chazacter or
design requirements of the Project or Construction Costs. Furnish to OWNER a
revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
1.4.4 Prepare for review and approval by OWNER, its legal counsel and other
advisors contract agreement forms, general conditions and supplementazy
conditions, and (where appropriate) bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the forms and pertinent guide sheets
prepared by the Engineers Joint Contract Documents Committee), and assist in the
prepazation of other related documents.
1.4.5 Furnish five copies of the above documents and of the Drawings and
Specifications and present and review them in person with OWNER.
The duties and responsibilities of ENGINEER during the Final Design
Phase are supplemented as indicated in pazagxaph 3 of Exhibit A "Further
Description of Basic Engineering Services and Related Matters".
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1.5 Bidding or Negotiating Phase
After written authorization to proceed with the Bidding or Negotiating
Phase, ENGINEER shall:
1.5.1 Assist OWNER in advertising for and obtaining bids or negotiating
proposals for each separate prime contract for construction, materials, equipment
and services; and, where applicable, maintain a record of prospective bidders to
whom Bidding Documents have been issued, attend pre-bid conferences and receive
and process deposits for Bidding Documents.
1.5.2 Issue addenda as appropriate to interpret, clarify or expand the Bidding
Documents.
1.5.3 Consult with and advise OWNER as to the acceptability of
subcontractors, suppliers and other persons and organizations proposed by the prime
contractor(s) (herein called "Contractor(s)") for those portions of the work as to
which such acceptability is required by the Bidding Documents.
1.5.4 Consult with OWNER concerning and determine the acceptability of
substitute materials and equipment proposed by Contractor(s) when substitution
prior to the award of contracts is allowed by the Bidding Documents.
1.5.5 Attend the bid opening, prepare bid tabulation sheets and assist OWNER
in evaluating bids or proposals and in assembling and awarding contracts for
construction, materials, equipment and services.
1.5.6 Assist OWNER in conducting the predbid conferences and
pre qualification of bidders as adopted in parallel to City of La Porte Ordinance No.
1476 A.
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1.6 Construction Phase
During the Construction Phase:
1.6.1 General Administration of Construction Contract
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ENGINEER shall consult with and advise OWNER and act as OWNER's
representative as provided in Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract, No. 1910-8 (1983 edition) of the
Engineers Joint Contract Documents Committee. The extent and limitations of the
duties, responsibilities and authority of ENGINEER as assigned in said Standazd
General Conditions shall not be modified, except as the ENGINEER may otherwise
agree in writing. All of OWNER's instructions to Contractor(s) will be issued
through ENGINEER who will have authority to act on behalf of OWNER to the
extent provided in said Standard General Conditions except as otherwise provided in
writing.
1.6.2 Visits to Site and Observation of Construction
In connection with observations of the work of Contractor(s) while it is
in progress:
1.6.2.1 ENGINEER shall make visits to the site at intervals appropriate to the
various stages of construction as ENGINEER deems necessary in order to observe as
an experienced and qualified design professional the progress and quality of the
various aspects of Contractor(s)' work. In addition, the ENGINEER and/or OWNER
shall provide the services of a Resident Project Representative (and assistants as
agreed) at the site to assist ENGINEER and to provide more continuous observation
of such work. Based on information obtained during such visits and on such
observations, ENGINEER shall endeavor to determine in general if such work is
proceeding in accordance with the Contract Documents and ENGINEER shall keep
OWNER informed of the progress of the work.
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1.6.2.2 The Resident Project Representative (and any assistants) will be
ENGINEER's agent or employee and under ENGINEER's supervision. The duties and
responsibilities of the Resident Project Representative (and assistants) are set forth
in Exhibit B "Duties, Responsibilities and Limitation of Authority of Resident
Project Representative".
1.6.2.3 The purpose of ENGINEER's visits to and representation by the Resident
Project Representative (and assistants, if any) at the site will be to enable
ENGINEER to better carry out the duties and responsibilities assigned to and
undertaken by ENGINEER during the Construction Phase, and, in addition, by
exercise of ENGINEER's efforts as an experienced and qualified design professional,
to provide for OWNER a greater degree of confidence that the completed work of
Contractor(s) will conform acceptably 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, ENGINEER 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
ENGINEER have authority over or responsiblity 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) 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. Accordingly,
ENGINEER can neither guarantee the performance of the construction contracts by
Contractor(s) nor assume reponsiblity for Contractor(s)' failure to furnish and
perform their work in accordance with the Contract Documents.
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1.6.3 Defective Work
During such visits and on the basis of such observations, ENGINEER may
disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER
believes that such work will not produce a completed Project that conforms
acceptably to the Contract Documents or that it will prejudice the integrity of the
design concept of the Project as reflected in the Contract Documents.
1.6.4 Interpretations and Clazifications
ENGINEER shall issue necessary interpretations and clarifications of the
Contract Documents and in connection therewith prepare work directive changes
and change orders as required.
1.6.5 Shop Drawings
ENGINEER shall review and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in the aforesaid Standazd General
Conditions), samples and other data which Contractor(s) are required to submit, but
only for conformance with the design concept of the Project and compliance with
the information given in the 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.
1.6.6 Substitutes
ENGINEER shall evaluate and determine the acceptability of substitute
materials and equipment proposed by Contractor(s).
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1.6.7 Inspections and Tests
ENGINEER shall have authority, as OWNER's representative, to require
special inspection or testing of the work, and shall receive and review all
certificates of inspections, testings and approvals required by laws, rules,
regulations, ordinances, codes, orders or the Contract Documents to determine that
their content complies with the requirements of, and the results certified indicate
compliance with the Contract Documents.
1.6.8 Disputes between OWNER and Contractor
ENGINEER shall act as initial interpreter of the requirements of the
Contract Documents and judge of the acceptability of the work thereunder and
make 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. ENGINEER shall
not be liable for the results of any such interpretations or decisions rendered in good
faith.
1.6.9 Applications for Payment
Based on ENGINEER'S on-site observations as an experienced and
qualified design professional, on information provided by the Resident Project
Representative and on review of applications for payment and the accompanying
data and schedules:
1.6.9.1 ENGINEER shall determine the amounts owing to Contractor(s) and
recommend in writing payments to Contractor(s) in such amounts. Such
recommendations of payment will constitute a representation to OWNER, based on
such observations and review, that the work has progressed to the point indicated,
and that, to the best of ENGINEER'S knowledge, information and belief, the quality
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of such work is acceptably in accordance with the Contractor 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, ENGINEER'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 ENGINEER will not thereby be deemed
to have represented that exhaustive, continuous or detailed reviews or examinations
have been made by ENGINEER to check the quality or quantity of Contractor(s)'
work as it is furnished and performed beyond the responsibilities specifically
assigned to ENGINEER in this Agreement and the Contract Documents.
ENGINEER's review of Contractor(s)' work for the purposes of recommending
payments will not impose on ENGINEER responsibility to supervise, direct or control
such work or for the means, methods, 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
ENGINEER to make any examination to ascertain how or for what purposes 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
ENGINEER 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
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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,
tests and approvals the results certified indicate compliance with, the Contract
Documents); and shall transmit them to OWNER with written comments.
1.6.11 Inspections
ENGINEER shall conduct an inspection to determine if the work is
substantially complete and a final inspection to determine if the completed work is
acceptable so that ENGINEER 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 anq such
recommendation and notice will be subject to the limitations expressed in
paragraph 1.6.9.2.
1.6.12 Limitation of Responsibilties
ENGINEER 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 or supplier, or any of the Contractor(s)' or subcontractor's or
supplier's agents or employees or any other persons (except ENGINEER's own
employees and agents) at the site or otherwise furnishing or performing any of the
Contractor(s)' work; however, nothing contained in pazagraphs 1.6.1 thru 1.6.11
inclusive, shall be construed to release ENGINEER from liablity for failure to
properly perform duties and responsibilities assumed by ENGINEER in the Contract
D ocuin ent s.
1.6.13 Record Drawings
ENGINEER shall prepare a set of reproducible (Mylaz) record prints of
drawings showing those changes made during the construction process, based on the
marked up prints, drawings and other data furnished by Contractor(s) to ENGINEER
and which ENGINEER considers significant.
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1.T Operational Phase
During the Operational Phase, ENGINEER shall, when requested by
OWNER:
1.7.1 Provide assistance in the closing of any financial or related transaction
for the Project.
1.7.2 Provide assistance in connection with the startup, refining and adjusting
of any equipment or system.
1.7.3 Assist OWNER in training OWNER's staff to operate and maintain the
Project.
1.7.4 Assist OWNER in developing systems and procedures for control of the
operation and maintenance of and record keeping for the Project.
1.?.5 In company with OWNER, visit the Project to observe any apparent
defects in the completed construction, assist OWNER in consultations and
discussions with Contractor(s) concerning correction of such deficiencies, and make
recommendations as to replacement or correction of defective work.
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SECTION 2 -ADDITIONAL SERVICES OF ENGINEER
2.1 Services Requiring Authorization in Advance
If authorized in writing by OWNER, ENGINEER shall furnish or obtain
from others Additional Services of the types listed in paragraphs 2.1.1 through
2.1.14, inclusive. These services are not included as pazt of Basic Services except to
the extent provided otherwise in Exhibit A "Further Description of Basic
Engineering Services and Related Matters"; these will be paid for by OWNER as
indicated in Section 5.
2.1.1 Preparation 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 Project; preparation or review of environmental
assessments and impact statements; review and evaluation of the effect on the
design requirements of the Project of any such statements and documents prepared
by others; and assistance in obtaining approvals of authorities having jurisdiction
over the anticipated environmental impact of the Project.
2.1.2 Services to make measured drawings of or to investigate existing
conditions or facilities, or to verify the accuracy of drawings or other information
furnished by OWNER
2.1.3 Services resulting from significant changes in the general scope, extent
or cliazacter of the Project or its design including, but not limited to, changes in
size, complexity (including an increase above the eight proposed customer service
points), 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 aze due to any other causes begond ENGINEERS's control.
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2.1.4 Providing renderings or models for OWNER's use.
2.1.5 Preparing documents for alternate bids requested by OWNER for
Contractor(s)' work which is not executed or documents for out-of-sequence work.
2.1.6 Investigations and studies involving, but not limited to, detailed
consideration of operations, maintenance and overhead expenses; providing value
engineering during the course of design; the preparation of feasiblility studies, cash
flow and economic evaluations, rate schedules and appraisals; assistance in obtaining
financing for the Project; evaluating processes available for licensing and assisting
OWNER in obtaining process licensing; detailed quantity surveys of material,
equipment and labor; and audits or inventories required in connection with
construction performed by OWNER
2.1.7. Furnishing services of independent professional associates and
consultants for other than Basic Services (which include, but are not limited to,
customary civil, structural, mechanical and electrical engineering and customary
architectural design incidental thereto); and providing data or services of the types
described in paragraph 3.4 when OWNER employs ENGINEER to provide such data
or services in lieu of furnishing the same in accordance with paragraph 3.4.
2.1.8 Services resulting from the award of more separeate prime contracts for
construction, materials, equipment or services for the Project than aze
contemplated by paragraph 5.1.1.2, and services resulting from the azranging for
performance by persons other than the principal prime contractors of services for
the OWNER and administering OWNER's contracts for such services.
2.1.9 Services during out-of-town travel required of ENGINEER other than
visits to the site or OWNER's office as required by Section 1.
2.1.10 Assistance in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or services, except when such
assistance is required to complete services called for in paragraph 6.2.2.5.
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2.1.11 Providing any type of property surveys or related engineering services
needed for the transfer of interests in real property and field surveys for design
purposes and engineering surveys and staking to enable 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 Preparing to serve or serving as a consultant or witness for OWNER in
any litigation, arbitration or other legal or administrative proceeding involving the
Project (except for assitance in consultations which is included as part of Basic
Services under paragraphs 1.2.3 and 1.4.2).
2.1.14 Additional services required in connection with the Project, 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
ENGINEER'S control, ENGINEER shall furnish or obtain from others, as
circumstances require during construction, additional Services of the types listed in
pazagraphs 2.2.1 through 2.2.6, inclusive (except to the extent otherwise provided in
Exhibit A "Further Description of Basic Engineering Services and Related Matters").
These services are not included as part of Basic Services. ENGINEER shall advise
OWNER and secure his approval prior to stazting any such Additional Services which
will be paid for by OWNER as indicated in Section 5.
2.2.1 Services in connection with work directive changes and change orders to
reflect changes requested by OWNER if the resulting change in compensation for
Basic Services is not commensurate with the additional services rendered.
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2.2.2 Reserve
2.2.3 Services resulting from significant delays, changes or price increases
occurring as a direct or indirect result of material, equipment or energy shortages.
2.2.4 Additional or extended services during construction made necessary by
(1) work damaged by fire or other cause during construction, (2) a significant amount
of defective or neglected work of any Contractor, (3) acceleration of the progress
schedule involving services beyond normal working hours, and (4) default by any
Contractor.
2.2.5 Services (other than Basic Services during the Operational Phase) in
connection with any partial utilization of any part of the Project by OWNER prior to
Substantial Completion.
2.2.6 Evaluating an unreasonable or extensive number of claims submitted by
Contractor(s) or others in connection with the work.
2.2.7 Field surveys to collect information required for design, including
photogr amm etry.
2.2.8 Soil and foundation investigation, including field and laboratory test,
borings, related engineering analyses, and recommendations.
2.2.9 Specialized corrosion control evaluation for the purpose of protecting
the transmission piping.
2.2.10 Specialized laboratory analysis of finished water to ascertain causes of
"red water" or other noxious problems with the water supplied to the OWNER by
others, and evaluating possible solutions.
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SECTION 3 -OWNER'S RE5PONSIBILTTIES
Owner shall do the following in a timely manner so as not to delay the
services of ENGINEER:
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 to ENGINEER's services for the
Project.
3.2 Provide all criteria and full information as to OWNER's requirements for
the Project, including design objectives and constraints, space, capacity and
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 ENGINEER by placing at ENGINEER'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 ENGINEER, as required for performance of ENGINEER'S
Basic Services (except to the extent provided otherwise in Exhibit A "Further
Description of Basic Engineering Services and Related Matters"), the following:
3.4.1 Data prepared by or services of others, including without limitation
borings, probings and subsurface explorations, hydrographic surveys, laboratory tests
and inspections of samples, materials and equipment;
3.4.2 appropriate professional interpretations of all of the foregoing;
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3.4.3 environmental assessment and impact statements;
3.4.4 property, boundazy, easement, and right-of-way surveys and related
office computations and drafting;
3.4.5 property decriptions;
3.4.6 zoning, deed and other land use restriction; and
3.4.7 other special data or consultations not covered in Section 2;
all of which ENGINEER maq use and rely upon in performing services under this
Agreement.
3.5 Provide engineering surveys to establish reference points for
construction (except to the extent provided otherwise in Exhibit A "Further
Description of Basic Engineering 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 ENGINEER to enter
upon public and private property as required for ENGINEER to perform services
under this Agreement.
3.? Examine all studies, reports, sketches, Drawings, Specifications,
proposals and other documents presented by ENGINEER, obtain advice of an
attorney, insurance counselor and other consultants as OWNER deems appropriate
for such examination and render in writing decision pertaining thereto within a
reasonable time so as not to delay the services of ENGINEER
3.8 Furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others as may be
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necessary for completion of the Project. Engineer will assist the Owner in the
preparation of said permits and attend meeting with the appropriate authorities.
3.9 Provide such accounting, independent cost estimating and insurance
counseling services as may be required for the Project, such legal services as
OWNER may require or ENGINEER may reasonably request with regard to legal
issues pertaining to the Project including any that may be raised by Contractor(s),
such auditing service as OWNER may require to ascertain how or for what purpose
any Contractor has used the moneys paid under the construction contract, and such
inspection services as OWNER may require to ascertain that Contractor(s) are
complying with any law, rule, regulation, ordinance, code or order applicable to
their furnishing and performing the work.
3.10 If OWNER designates a person to represent OWNER at the site who is
not ENGINEER or ENGINEER's agent or employee, the duties, responsibilities and
limitations of authority of such other person and the effect thereof on the duties
and responsiblities of ENGINEER and the Resident Project Representative (and any
assistants) will be set forth in an exhibit that is to be identified, attached to and
made a part of this Agreement before such services begin.
3.11 If more than one prime contract is to be awarded for construction,
materials, equipment and services for the entire Project, designate a person or
organization to have authority and responsiblity for coordinating the activities
among the various prime contractors.
3.12: Furnish to ENGINEER 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 ENGINEER may make the necessazy findings
to support opinions of probable Total Project Costs.
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3.13 Attend the pre-bid conference, bid opening, preconstruction conferences,
construction progress and other job related meetings and substantial completion
inspections and final payment inspections.
3.14 Give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope or timing of
ENGINEER's services, or any defect or nonconformance in the work of any
Contractor.
3.15 Furnish, or direct ENGINEER to provide, Additional Services as
stipulated in paragraph 2.1 of this Agreement or other services as required.
3.16 Bear all costs incident to compliance with the requirements of this
Section 3.
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SECTION4 -PERIODS OF SERVICE
4.1 The provisions of this Section 4 and the various rates of compensation
for ENGINEER'S services provided for elsewhere in this Agreement have been
agreed to in anticipation of the orderly and continuous progress of the Project
through completion of the Construction Phase. ENGINEER's obligation to render
services hereunder will extend for a period 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 Engineering Services and Related Matters" specific periods of
time for rendering services are set forth or specific dates by which services are to
be completed are provided and if such dates are exceeded through no fault of
ENGINEER, all rates, measures and amounts of compensation provided herein shall
be subject to equitable adjustment.
4.2 The services called for in the Design Engineering Report Phase will be
completed and the Report submitted within the stipulated period indicated in
paragraph 2 of Exhibit A "Further Description of Basic Engineering Services and
Related Matters" after written authorization to proceed with that phase of services
which will be given by OWNER within thirty days after ENGINEER has signed this
Agreement.
4.3 Reserve
4.4 ~ After acceptance by OWNER of the Design Engineering Report 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, ENGINEER shall proceed with the performance of the
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services called for in the Final Design Phase; and shall deliver Contract Documents
and a revised opinion of probable Total Project Costs for all work of Contractor(s)
on the Project within the stipulated period indicated in paragraph 3 of Exhibit A
"Further Description of Basic Engineering Services and Related Matters".
4.5 ENGINEER's services under the Design Engineering Report Phase and
Final Design Phase shall each be considered complete at the earlier of (1) the date
when the submissions for that phase have been accepted by OWNER or (2) thirty
days after the date when such submissions are delivered to OWNER for final
acceptance, plus in each case such additional time as may be considered reasonable
for obtaining approval of governmental authorities having jurisdiction to approve the
design of the Project.
4.6 After acceptance by OWNER of the ENGINEER's Drawings,
Specifications and other Final Design Phase documentation including the most
recent opinion of probable Total Project Cost and upon written authorization to
proceed, ENGINEER shall proceed with performance of the services called for in the
Bidding or Negotiating Phase. This Phase shall terminate and the services to be
rendered thereunder shall be 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 the services called for in
paragraph 6.2.2.5).
4.7 The Construction Phase will commence with the execution of the first
prime contract to be executed for the work of the Project or any part thereof, and
will terminate upon written recommendation by ENGINEER of final payment on the
last prime contract to be completed. Construction Phase services may be rendered
at different times in respect of separate prime contracts if the Project involves
more than one prime contract.
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4.8 The Operational Phase will commence during the Construction Phase and
will terminate one year after the date of Substantial Completion of the last 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 chazacter of the Project, the time of performance of
ENGINEER's services shall be adjusted equitably.
4.10 Reserve
4.11 If ENGINEER's services for design or during construction of the Project
are delayed or suspended in whole or in part by OWNER for more than three months
for reasons beyond ENGINEER's control, ENGINEER shall on written demand to
OWNER (but without termination of this Agreement) be paid as provided in
paragraph 5.3.2. If such delay or suspension extends for more than one yeaz for
reasons beyond ENGINEER's control, or if ENGINEER for any reason is required to
render Construction Phase services in respect of any prime contract for
construction, materials or equipment more than one yeaz 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 ENGINEER is to be
furnished or performed under more than one prime contract, or if ENGINEER'S
services aze to be separately sequenced with the work of one or more prime
contactors (such as in the case of fast-tracking), OWNER and ENGINEER shall,
prior to commencement of the Final Design Phase, develop a schedule for
performance of ENGINEER'S services during the Final Design, Bidding or
Negotiating and Construction Phases in order to sequence and coordinate properly
such services as are applicable to the work under such sepazate contracts. This
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schedule is to be prepared whether or not the work under such contracts is to
proceed concurrently and is to be included in Exhibit A "Further Description of
Basic Engineering Services and Related Matters", and the provisions of
paragraphs 4.4 through 4.9 inclusive, will be modified accordingly.
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SECTION 5 -PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services and Eapeases of ENQNEER.
5.1.1 For Basic Services
OWNER shall pay ENGINEER for Basic Services rendered under
Section 1 (as amended and supplemented by Exhibit A "Further Description of Basic
Engineering Services and Related Matters") as follows:
5.1.1.1 One Prime Contract
If only one prime contract is awarded for construction, materials,
equipment and services for the entire Project, a lump sum fee of $245,323.00.
The lump sum fee shall be allotted to the various phases of work by the
percentages shown below. The various phases shown below are interdependent and
shall not be severable.
Phase Percentage Fee
Design Engineering Report 30% $ 73, 596.00
Final Design 50% 122, 661.00
Bidding or Negotiating 5% 12,266.00
Construction 15% 36, 798.00
100% $ 245,321.00
5.1.1.2 Several Prime Contracts
5.1.1.2.1 If two separate prime contracts are awarded for construction, materials,
equipment and services for the entire Project, a lump sum fee of $255,323.00.
The lump sum fee shall be allotted to the various phases of work by the
percentages shown below. The various phases shown below are interdependent and
shall not be severable.
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Phase Percentage Fee
Design Engineering Report 28.82% $ 73, 596.00
Final Design 48.83% 124, 661.00
Bidding or Negotiating 5. 59% 14, 266.00
Construction 16.76% 42, 798.00
100% $ 255,321.00
5.1.1.2.2 If more than two separate prime contracts aze awarded for construction,
materials, equipment and services for the entire Project, an additional lump sum fee
of $10,000 per each separate prime contract over two, added to the amount in
pazagraph 5.1.1.2.1.
The additional lump sum fee shall be allotted to the various phases of
work as mutually agreed in writing between the OWNER and ENGINEER Such
agreement shall be prepared as an attachment to this contract at such time as the
need for such additional fee becomes known.
5.1.1.3 Fee Reduction
If the City of Houston provides a connection point for the Owner's
transmission line on the east property line of the water treatment plant, the fees
quoted in 5.1.1.1 and 5.1.1.2 above shall be reduced by $16,000.00.
The lump sum fee reduction shall be allotted to the various phases of
work in a manner agreed in writing between the OWNER and ENGINEER. Such
Agreement shall be prepazed as an attachment to this contract at such time as the
scope of ENGINEER's services regarding the connection point becomes known.
5.1.1.4 Fee Reduction
If the City of Houston provides a connection point for the Owner's
transmission line on or near Red Bluff Road, the fees quoted in 5.1.1.1 and 5.1.1.2
above shall be reduced by $48;000.00.
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The lump sum fee reduction shall be allotted to the various phases of
work in a manner agreed in writing between the OWNER and ENGINEER. Such
Agreement shall be prepared as an attachment to this contract at such time as the
scope of ENGINEER's services regarding the connection point becomes known.
5.1.1.5 Resident Project Services
For services of ENGINEER's Resident Project Representative (and
assistants) furnished under paragraph 1.6.2.1, an amount equal to Engineer's Salazy
Costs times a factor of 2.5 for services rendered by employees engaged directly on
the project. Resident Project Representative (and assistants). personnel are
considered to be assigned to the project site. As such, their mileage or other
transportation expenses from the ENGINEER's office shall not be chazged to the
OWNER. The salary levels, qualifications, assignments and projected duration of
service for these employees will be reviewed and approved by the OWNER prior to
the initiation of service, sufficiently in advance of the construction phase to allow
orderly staffing.
As an estimate of charges which may be incurred by the OWNER for
Resident Project Representative, the following is based on a 10 month construction
period and a field staff of two:
Resident Proj. Rep.
(Inspector) 1740 hrs x $17/hr x 2.5 = $ ?3, 950
Assistant 1044 hrs x $11/hr x 2.5 = 28, 710
TOTAL $ 102, 660
This amount could vary up or down depending on the particular number,
experience level, and duration of personnel requested and approved by the OWNER.
5.1.1.6 ,Operational Phase Services
For Operational Phase services furnished under paragraph 1.7, an amount
equal to ENGINEER's Salazy Costs times a factor of 2.5 for services rendered by
principals and employees engaged directly on the Project.
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5.1.2 For Additional Services
OWNER shall pay ENGINEER for Additional Services rendered under
Section 2 as follows:
5.1.2.1 General
For Additional Services of ENGINEER'S principals and employees
engaged directly on the Project and rendered pursuant to paragraph 2.1 or 2.2
(except services as a consultant or witness under paragraph 2.1.13), on the basis of
ENGINEER's Salazy Costs times a factor of 2.5.
The additional service required for surveying shall not exceed an
estimated upper limit of $40,000.00, based on preliminary estimate of pipe footage
of 17 miles to serve the four client cities and districts.
5.1.2.2 Professional Associates and Consultants
For services and Reimbursable Expenses of independent professional
associates and consultants employed by ENGINEER to render Additional Services
pursuant to paragraph 2.1 or 2.2, the amount billed to ENGINEER therefor times a
factor of 1.10.
For the services of a corrosion consultant, the cost shall not exceed
$15,000.00, based on preliminazy estimate of pipe footage of 17 miles to serve the
four client cities and districts.
For the services of a Geotechnical Engineer, the cost shall not exceed
$37,000.00, based on preliminary estimate of pipe footage of 17 miles to serve the
four client cities and districts.
For the services of aerial photography, the cost shall not exceed
$37,000.00, based oai preliminary estimate of pipe footage of 17 miles to serve the
four client cities and districts.
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For the services of a water analysis laboratory, the cost shall not exceed
$10,000.00, based on eight delivery points to serve the four client cities and
districts.
5.1.2.3 Serving as a Witness
For services rendered by ENGINEER's principals and employees as
consultants or witnesses in any litigation, azbitration or other legal or administ-
rative proceeding in accordance with paragraph 2.1.13 (for consultation or witness
to aid OWNER, at O~iINER's request, and not in defense of ENGINEER'S errors or
omissions), on the basis of Engineer's salazy cost times a factor of 2.5.
Compensation for ENGINEER'S independent professional associates and consultants
will be on the basis provided in paragraph 5.1.2.2.
5.1.3 Reserve
5.1.4 As used in this paragraph 5.1, the terms "Salary Costs" and "Reimburs-
able Expenses" have the meanings assigned to them in paragraph 5.4, and the term
"Construction Cost" has the meaning assigned to it in paragraph 6.1.
5.Z Times of Payments
5.2.1 ENGINEER shall submit monthly statements for Basic and Additional
Services rendered and for Reimbursable Expenses incurred. The statements will be
based upon ENGINEER's estimate of the proportion of the total services actually
completed at the time of billing. OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.2.2 Upon conclusion of each phase of Basic Services, OWNER shall pay such
additional amount, if any, as may be necessary to bring total compensation paid on
account of such phase to the percentages of total compensation payable for all
phases of Basic Services shown in Paragraph 5.1.1.1. These same percentages shall
apply to any one of the several fee azrangements provided by Section 5.1.
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5.3 Other Provisioffi Concerning Payments
5.3.1 If OWNER fails to make any payment due ENGINEER for services and
expenses within thirty days after receipt of ENGINEER's statement therefor, the
amounts due ENGINEER will be increased at the rate of Texas Commerce Bank -
Houston Prime Plus 2%, but not to exceed 11% per annum, prorated on a monthly
basis from said thirtieth day.
5.3.2 In the event of termination by OWNER under paragraph 7.1 upon the
completion of any phase of the Basic Services, progress payments due ENGINEER
for services rendered through such phase shall constitute total payment for such
services. In the event of such termination by OWNER during any phase of the Basic
Services, ENGINEER will be paid for services rendered during that phase on the
basis of ENGINEER'S Salary Costs times a factor of 2.5 for services rendered during
that phase to date of stop work notice by ENGINEER's principals and employees
engaged directly on the Project. In the event of any such termination, ENGINEER
also will be reimbursed for the charges of independent professional associates and
consultants employed by ENGINEER to render Basic Services, and paid for all unpaid
Additional Services and unpaid Reimbursable Expenses, plus all termination
expenses. Termination expenses mean additional Reimbursable Expenses directly
attributable to termination, which, if termination is at Owner's convenience, shall
include an amount computed as a percentage of total compensation for Basic
Services eazned by ENGINEER to the date of termination, as follows:
20% if termination occurs after commencement of the Preliminary
Design Phase but prior to commencement of the Final Design Phase; or
10% if termination occurs after commencement of the Final Design
Phase.
5.3.3. In the event the project does not proceed to completion because of
circumstances beyond the Engineer's control, progress payments due Engineer for
services rendered to date shall be rendered in accordance with Paragraph 5.3.2.
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5.3.4 Records of ENGINEER's Salary Costs pertinent to ENGINEER's compen-
sation under this Agreement will be kept in accordance with generally accepted
accounting principles. Copies will be made available to OWNER at cost on request
prior to final payment for ENGINEER's services.
5.3.5 Whenever a factor is applied to Salary Costs in determining compen-
sation payable to ENGINEER that factor will be adjusted periodically and shall be
fixed for a period of 1 year from notice to proceed by OWNER. All such
adjustments will be in accordance with generally accepted accounting practices as
applied on a consistent basis by ENGINEER and consistent with ENGINEER'S overall
compensation practices and procedures.
5.4 Defimtians
5.4.1 The Salary Costs used as a basis for payment mean salaries and wages
(basic and incentive) paid to all ENGINEER's personnel engaged directly on the
Project, including, but not limited to, engineers, architects, surveyors, designers,
draftsmen, specification writers, estimators, other technical and business personnel;
plus the cost of customary and statutory benefits including, but not limited to,
social security contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, sick leave, vacation and holiday and
other group benefits.
5.4.2 Reimbursable Expenses mean the actual expenses incurred by ENGINEER
or ENGINEER's independent professional associates or consultants, directly or
indirectly in connection with the Project, such as expenses for: additional copies of
reports, Drawings, Specifications, Bidding Documents, and similar Project-related
items in addition to those required under Section 1; and, if authorized in advance by
OWNER, overtime work requiring higher than regular rates.
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SECTION 6 -CONSTRUCTION CO5T AND OPINIONS OF COST
6.1 Construction Cast
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 ENGINEER, but it will not include ENGINEER'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 1.2.6.)
6.L Opinions of Cast
6.2.1 Since the ENGINEER 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, ENGINEER's
opinions of probable Total Project Costs and Construction Cost provided for herein
are to be made on the basis of ENGINEER'S experience and qualifications and
represent ENGINEER's best judgment as an experienced and qualified professional
engineer, familiaz with the construction industry; but ENGINEER cannot and does
not guarantee that proposals, bids or actual Total Project or Construction Costs will
not dary from opinions of probable cost prepared by ENGINEER If prior to the
Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project
or Construction Costs, OWNER shall employ an independent cost estimator as
provided in paragraph 3.9.
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6.2.2 If the lowest bona fide proposal or bid exceeds the established Construc-
tion Cost limit, OWNER shall (1) give written approval to increase such cost limit,
(2) authorize negotiating or rebidding the Project within a reasonable time, or
(3) cooperate in revising the Project's general scope, extent or character to the
extent consistent with the Project's requirements and with sound engineering
practices. In the case of (3), ENGINEER shall modify the Contract Documents as
necessary to bring the Construction Cost within the cost limit. In lieu of other
compensation for services in making such modifications, OWNER shall pay ENGI-
NEER, ENGINEER'S salazy cost times a factor of 2.1 for services rendered. The
providing of such service will be the limit of ENGINEER'S responsibility in this
regard and, having done so, ENGINEER shall be entitled to payment for services in
accordance with this Agreement and will not otherwise be liable for damages
attributable to the lowest bona fide proposal or bid exceeding the established
Construction Cost.
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SECTION 7 -GENERAL CONSIDERATION
7.1 Termination.
This Agreement may be terminated by either party upon thirty (30) days prior
written notice to the other party in the event of substantial failure by the other
party to fulfill its obligations under this Agreement through no fault of the
terminating party. This Agreement may also be terminated by the OWNER for its
convenience upon seven (7) days prior written notice to the ENGINEER In the
event of termination, as provided in this Paragraph, the ENGINEER shall be paid as
compensation in full for services performed to the date of such termination, an
amount calculated in accordance with Paragraph 5.3.2 of this Agreement. Such
amount shall be paid by the OWNER upon the ENGINEER's delivering or otherwise
making available to the OWNER, all data, drawings, specifications, reports,
estimates, summaries and other such information and materials as may have been
accumulated by the ENGINEER in performing the services included in this
Agreement, whether completed or in progress. Date of notice shall be date of
postmark.
7.1.1 Bankruptcy or any form of Assignment for the Benefit of Creditors,
under Federal or State law, or the dissolution or significant corporate reorganization
of Espey, Huston & Associates, Inc. may be cause for termination of the Agreement.
7.2 Reuse of D ovum eats
All documents including Drawings and Specifications prepared or furnished by
ENGINEER (and ENGINEER's independent professional associates and consultants)
pursuant to this Agreement are instruments of service in respect of the Project.
The ownership and property interest therein shall be granted to the Owner when the
Project is completed. ENGINEER shall supply a set of reproducible (Mylar) record
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drawings for the OWNER in accordance with Section 1.6.13. 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 ENGINEER for the specific purpose intended will be at
OWNER's sole risk and without liability or legal exposure to ENGINEER, or to
ENGINEER'S independent professional associates or consultants, and OWNER shall
indemnify and hold harmless ENGINEER and ENGINEER'S independent professional
associates and consultants from all claims, damages, losses and expenses including
attorneys' fees azising out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER.
T.3 In$urance, Indemnification and Discrimination
7.3.1 ENGINEER shall procure and maintain insurance for protection from
claims under workers 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. ENGINEER agrees and shall
procure and maintain, at its expense until thirty (30) days after final payment by the
OWNER for services covered by this Agreement, insurance in the kinds and amounts
of not less than the minimum as required by State and Federal law and as
hereinafter provided, with insurance companies authorized to do business in the
State of Texas, covering all operations under this Agreement, whether performed by
it or=its agents. Before commencing the work, ENGINEER shall furnish to OWNER,
a certificate or certificates in form satisfactory to OWNER, showing that it has
complied with this Paragraph. All certificates shall provide that the policy shall not
be changed or cancelled until at least ten (10) days prior written notice shall have
been given to OWNER.
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Workman s Compensation Insurance for its employees in accordance with
the provisions of the Workmen's Compensation Act of the State of Texas.
Professional liability insurance in an amount not less than $100,000 per
claim and aggregate and automobile liability insurance in an amount not less than
$250,000 for injuries to any one person and $500,000 on account of any one accident
and in an amount of not less than $100,000 for property damage to protect the
ENGINEER and its agents from claims which may arise from services rendered
under this Agreement, whether such services aze rendered by the ENGINEER or by
any of its agents or by anyone employed by either.
7.3.2 The ENGINEER agrees to defend, indemnify and hold harmless the
OWNER and its officers, agents and employees from and against all suites, actions
or claims of any character brought because of any injury or damage received or
sustained by any person, persons or property arising out of or resulting from any
negligent act, error or omission by the ENGINEER or its agents or employees. The
ENGINEER is not required hereunder to defend the OWNER, its officers, agents or
employees, or any of them from assertions that they were negligent or indemnify
and save them harmless from liability based on their negligence. The indemnity
required hereunder shall not be limited by reason of specification of any particulaz
insurance coverage in this Agreement.
7.3.3 In performing the services required hereunder, the ENGINEER shall not
discriminate against any person on the basis of race, color, religion, sex, national
origin or ancestry, age or physical handicap.
T.4 Controlling Law
This Agreement is to be governed by the law of the principal place of business of
OWNER.
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7.5 Siccessors and Assigns
7.5.1 OWNER and ENGINEER each is hereby bound and the partners, succes-
sors, executors, administrators and legal representatives of OWNER and ENGINEER
(and to the extent permitted by paragraph 7.5.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to this Agreement and to the
partners, successors, executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and obligations
of this Agreement.
7.5.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any
rights 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 ENGINEER
from employing such independent professional associates and consultants as ENGI-
NEER may deem appropriate to assist in the performance of basic services
hereunder.
?. 5.3 Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER, and all
duties and responsibilities undertaken pursuant to this Agreement will be for the
sole end exclusive benefit of OWNER and ENGINEER and not for the benefit of any
other party.
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SECTION 8 -SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
8.1 The following Exhibits aze attached to and made a part of this
Agreem ent:
8.2.1 Exhibit A "Further Description of Basic Engineering Services and
Related Matters" consisting of 3 pages.
8.2.2 Exhibit B "Duties, Responsibilities and Limitations of Authority of
Resident Project Representative" consisting of 5 pages.
8.3 This Agreement (consisting of pages 1 to 39, inclusive) together with the
Exhibits and schedules identified above constitute the entire agreement between
OWNER and ENGINEER and supersede all prior written or oral understandings. This
Agreement and said Exhibits and schedules may only be amended, supplemented,
modified or cancelled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of the day and year first above written.
OWNER: ENGINEER:
LA PORTE AREA WATER AUTHORTTY ESPEY, HU5TON & ASSOCIATES, INC.
President Mike Rengel, Vice President
ATTEST ATTEST
Richard Matthews, Secretazy
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APPROVED AS TO FORM:
John Armstrong
Authority Attorney
Approved by the City of La Porte
Norman Malone, Mayor
Cheri Black
City Secretary
(Seal)
APPROVED AS TO FORM:
Knox Askins
City Attorney
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EXHIBIT A TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES, dated
August , 1987
FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED
MATTERS
1. This is an exhibit attached to, made a part of and incorporated by reference
into the Agreement made on August , 1987 between the La Porte Area Water
Authority (OWNER) and Espey, Huston & Associates, Inc. (ENGINEER) providing for
professional engineering services. The Basic Services of Engineer as described in
Section 1 of the Agreement are amended or supplemented as indicated below and
the time periods for the performance of certain services as indicated in Section 4 of
the Agreement are stipulated as indicated below.
2. During the Design Engineering Report Phase ENGINEER shall:
a. Review and update the existing plan and design criteria developed by the
Authority. Key issues that have been identified and will be evaluated in
the Design Engineering Report include the following:
o Location of the line in selected corridors to minimize involvement
with existing underground utilities, overhead utilities and
pavements.
o Tie in points (five for the City of La Porte, one each for the Cities
of Morgan's Point, and Shoreacres, and Bayshore M.U.D.)
o Corrosion Control Measures
o Surge/Transient Flow
o Alternative pipe materials
o Instrumentation, metering and control
o Location and preliminary design of key crossings, such as Southern
Pacific Railroad and Highway 146. Type of casing material,
Highway Department requirements, etc.
o Permit requirements
o Required easements and right-of-way
b. Establish a schedule for execution of the Design Engineering Report.
The Owner is expected to review the progress of the work at the
following milestones prior to the publication of the updated DER report:
o Development of Design Criteria
o Alternatives Evaluation
o Cost Evaluations
o Environmental Considerations
o Development of Recommended Plan
c. Develop design criteria. A review will be; made of available data and
previous studies. The following will be reviewed and confirmed.
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o Service Area Evaluation, considering size and population.
o Water Flow Demand Quantity, including average and peak values
and determination of per capital usage.
o General storage requirements for each customer.
d. Conduct an Alternative Evaluation to determine the most cost effective
and flexible system. Alternative evaluation will begin with a preliminary
screening of design schemes, including:
o Existing Facilities Plan
o Alternative routes.
After the preliminary screening phase, a limited number of selected
alternatives will be subjected to a more detailed design evaluation and
cost determination as input into the subsequent cost evaluation phase.
e. Conduct a detailed Economic Evaluation of the selected alternatives for
comparative purposes. The economic factors that will be evaluated
include:
o Project Captial Costs
o Annual Costs (O & M)
o Present Worth Analysis of Project Capital Cost and Annual Costs
at various discount rates
This data will be utilized in the development of the recommended plan.
f. Consider Environmental Elements of the project. The purpose of the
environmental portion of the preliminary phase will be to document the
environmental setting into which the proposed facilities must fit. It is
envisioned that this portion of the project will result in a plan to
minimize negative environmental impacts during and after construction,
including such items as:
o Noise Control
o Odor Control
o Erosion Control
o Dust Control
o Water Quality Maintenance.
A complete Environmental Impact Statement is not part of this scope
g. Develop a Recommended Plan. After careful consideration of the above
study elements and with input from Owner's staff, develop a design
engineering report that will recommend a proposed transmission system.
The Study and Report Phase Services will be completed and the Report submitted
within 60 calendar days following written authorization from OWNER to ENGINEER
to proceed with that phase of services.
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3. During the Final Design Phase ENGINEER shall:
a. Final field and aerial survey will be conducted.
b. Soil borings will be obtained.
c. Available power supply will be documented.
d. Critical underground utilities will be field verified.
e. Construction drawings will be prepared at appropriate scale and include:
o Cover Sheet/Area Maps
o Location Plans/Sheet Indicators
o Plan and Profile Drawings
o Final Site Plans for Tie-in Points
o Final Electrical and Instrumentation
f. Concurrent with the development of design drawings, the Engineer will
develop contract documents and specifications. Final specifications will
be in Construction Specification Institute (CSI) format.
g. Make formal submittals for the Owners review at the following
completion stages:
o Interim Drawings - 30% of Detailed Design
o Interim Drawings - 60% of Detailed Design
o Final Drawings.
h. The engineer will develop a final project cost estimate.
The Final Design Phase Services will be completed and Contract Documents and
ENGINEER's opinion of costs submitted within 6 months following .written
authorization from OWNER to ENGINEER to proceed with that phase of services.
4. During the Bidding or Negotiating Phase ENGINEER shall:
(No amendments or supplements to paragraph 1.5.)
5. During the Construction Phase ENGINEER shall:
(No amendments or supplements to paragraph 1.6.)
6. ~ During the Operational Phase ENGINEER shall:
(No amendments or supplements to pazagraph 1.7)
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EXHIBIT B TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES, dated
August , 1987
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORTTY OF THE RESIDENT PROJECT REPRESENTATIVE
This is an Exhibit attached to, made a pazt of and incorporated by reference with
the Agreement made on August , 1987 between La Porte Area Water Authority
(OWNER) and Espey, Huston & Associates, Inc. (ENGINEER) providing for
professional engineering services.
ENGINEER shall furnish a Resident Project Representative (RP R), assistants
and other field staff to assist ENGINEER in observing performance of the work of
Contractor.
Through more extensive on-site observations of the work in progress and field
check of materials and equipment by the RPR and assistants, ENGINEER shall
endeavor to provide further protection for OWNER against defects and deficiencies
in the work of CONTRACTOR; but, the furnishing of such services will not make
ENGINEER responsible for or give ENGINEER control over construction means,
methods, techniques, sequences or procedures or for safety precautions or programs,
or responsibility for CONTRACTOR'S failure to perform the Work in accordance
with the Contract Documents and in pazticulaz the specific limitations set forth in
paragraph 1.6 of the Agreement are applicable.
The duties and responsibilities of the RPR aze limited to those of ENGINEER
in ENGINEER'S agreement with the OWNER and in the construction Contract
Documents, and are further limited and described as follows:
A. GENERA L
RPR is ENGINEER'S agent at the site, will act as directed by and under the
supervision of ENGINEER, and will confer with ENGINEER regarding RP R's actions.
RPRfs dealings in matters pertaining to the on-site work shall in general be with
ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RP R's
dealings with subcontractors shall only be through or with the full knowledge and
approval of CONTRACTOR. RPR shall generally communicate with OWNER with
the knowledge of and under the direction of ENGINEER
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B. DUTIES AND RESPONSIBILITIES OF RPR
1. Schedules
Review the progress scehdule, schedule of
schedule of values prepared by CONTRACTOR
concerning acceptability.
U
Shop Drawing submittal and
and consult with ENGINEER
2. Conferences and Meetings
Attend meetings with CONTRACTOR, such as preconstruction conferences,
progress meetings, job conferences and other project-related meetings, and
prepare and circulate copies of minutes thereof.
3. Liaison
a. Serve as ENGINEER'S liaison with CONTRACTOR, working principally
through CONTRACTOR's superintendent and assist in understanding the
intent of the Contract Documents; and assist ENGINEER 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 ENGINEER of availability of samples for examination.
c. Advise ENGINEER and CONTRACTOR of the commencement of any
Work requiring a Shop Drawing or sample if the submittal has not been
approved by ENGINEER.
5. Review of Work, Rejection of Defective Work, Inspections and Tests
a. Conduct on-site observations of the Work in progress to assist
ENGINEER in determining if the Work is in general proceeding in
accordance with the Contract Documents.
b. Report to ENGINEER whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or has been damaged, or does not meet the requirements of
any inspection, test or approval required to be made; and advise
ENGINEER of Work that RPR believes should be corrected or rejected or
should be uncovered for observation, or requires special testing,
inspection or approval.
c. Verify that tests, equipment and systems staztups and operating and
maintenance training are conducted in the presence of appropriate
personnel, and that CONTRACTOR maintains adequate records thereof;
and observe, record and report to ENGINEER appropriate details relative
to the test procedures and staztups.
44
• •
d. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
inspections and report to ENGINEER
6. Interpretation of Contract Documents
Report to ENGINEER when clarifications and interpretations of the Contract
Documents aze needed and transmit to CONTRACTOR clarifications and
interpretations as issued by ENGINEER.
7. Modifications
Consider and evaluate CONTRACTOR's suggestions for modifications in
Drawings or Specifications and report with RP R's recommendations to
ENGINEER Transmit to CONTRACTOR decisions as issued by ENGINEER
8. Records
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and samples, reproductions of original
Contract Documents including all Work Directive Changes, Addenda,
Change Orders, Field Orders, additional Drawings issued subsequent to
the execution of the Contract, ENGINEER's clarifications and
interpretations of the Contract Documents, progress reports, and other
Project related documents.
b. Keep a diazy or log book, recording CONTRACTOR hours on the job site,
weather conditions, data relative to questions of Work Directive
Changes, Change Orders or changed conditions, list of job site visitors,
daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures;
and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all CONTRACTORS,
subcontractors and major suppliers of materials and equipment.
9.. Reports
a. Furnish ENGINEER periodic reports as required of progress of the Work
and of CONTRACTOR'S compliance with the progress schedule and
schedule of Shop Drawing and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests, inspections
or stazt of important phases of the work.
c. Draft proposed Change Orders and Work Directive Changes, obtaining
backup material from CONTRACTOR and recommend to ENGINEER
Change Orders, Work Directive Changes, and Field Orders.
d. Report immediately to ENGINEER and OWNER upon the occurrence of
any accident.
10. Payment Requests
Review applications for payment with CONTRACTOR for compliance with the
established procedure for their submission and forwazd with recommendations
45
•
to ENGINEER, noting particulazly 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 aze applicable to the items actually installed and in
accordance with the Contract Documents, and have this material delivered to
ENGINEER for review and forwarding to OWNER prior to final payment for
the Work.
12. Completion
a. Before ENGINEER issues a Certificate of Substantial Completion,
submit to CONTRACTOR a list of observed items requiring completion
or correction.
b. Conduct final inspection in the company of ENGINEER, OWNER, and
CONTRACTOR and prepare a final list of items to be completed or
corrected.
c. Observe that all items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance.
C. LIMITATIONS OF AUTHORTTY
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution
of materials or equipment, unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in the
Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR,
subcontractors or CONTRACTOR's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any
aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by the
Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other than
CONTRACTOR
46
•
7. Shall not authorize OWNER to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections
conducted by others except as specifically authorized by ENGINEER.
47
,ti..__ _.~+_
.. .
C1 ~•
La forte AreaW~terAuthority
PHONE ( 7131 471.5020 • P. O. BOX 1 1 1 5 • LA FORTE, TEXAS 77571
August 12, 1987
Mr. David Fetzer
Moroney• &..Beissner -~- -~- -
2000 Post Oak Boulevard, Suite 1865
Houston, Texas 77056
Re: Annexation of BAYMUD;
Step-by-Step Analysis
Dear Mr. Fetzer:
Enclosed is the outline :from the City AttorneyTs office cn the
procedures to be followed by the La Porte Area Water Authority it
the annexation of the Bayshore Municipal Utility District
(BAYMUD).
There will be a meeting on Monday, August 17, 1987 @ 12:00 Noon it
the Conference Room at the Public Works Building to discuss thi:
outline. Please take time to review it prior to the meeting.
Sincerely,
Robert T. Herrera
General Manager
RTH/jb
Enclosure: (1)
cc: Mayor Norman Malone &
Members of City Council
C•
~•
TO: Mr. Robert T. Herrera, General Manager and President of the
Board of Directors La Porte Area 6Vater Authority
FROM: John D. Armstrong, Attorney, La Porte Area Water Authority.
RE: Annexation of BAYMUD; Step-by-step analysis ~-~'-''°'~ - -
DATE: August 5, 1987
~.r,.3s;~•~,. '.'
You have requested a step-by-step analysis and guideline as to the
procedure that is to be followed by the La Porte Area Water Authority
in the annexation of the Bayshore Municipal Utility District (hereinafter
referred to as "BAYMUD") pursuant to the Petition for Annexation sub-
mitted to the Secretary of the La Porte Area Water Authority Board of
Directors by BAYMUD on July 23, 1987.
Please be advised that this opinion is rendered consistent with applicable
State Law, i.e. Sections 54.716 through 54.721, Texas Water Code (here-
inafter referred to as the "Water Code"), and House Bill No. 1311,
Chapter 729, pages 2678-2692, Session Laws, Regular Session, 67th
Legislature, State of Texas (hereinafter referred to as House Bill No.
1311). I reserve the right to amend this opinion, and qualify this
opinion accordingly, pursuant to 1 Texas Administrative Code, Sections
53.106 and 53.107, which I have yet to review.
TYie steps that must be accomplished, to annex BAYMUD, are as follows:
1. BAYMUD submits Petition for Annexation to the Secretary of the
Board of the La Porte Area Water Authority (Water Code, Section
54.717).
2. A meeting of the Board of the La Porte Area Water Authority is
called, and Petition is certified by the Secretary of the Board,
and presented to the Board for consideration. Prior to certi-
fication of the petition by the Board, the Board should consider
the following issues: '
a. Have more than 50 landowners in BAYMUD signed (Water
Code, Section 54.717);
b. Is the land described in the Petition contiguous to the
boundaries of the Authority (Water Code, Section 54.711);
•~ ~• ~•
Page 2
August 5, 1987
Robert T. Herrera
_ c. Is the petition signed and executed in the manner provided
by law fore the conveyance of real estate (Water Code,
Section 54.713); and
d. Is the petition a recordable document in the office of the
County Clerk of Barris County, .Texas (Water Code, Section
:. ~ 54.715') ?
3. If the Board decides all issues above in the affirmative, then
the Board shall certify the petition, and direct the secretary
of the Board to issue a notice setting forth the time and
place of the hearing, with the notice particularly describing
.the area proposed to be annexed by metes. and bounds. The La
Porte Area Water ,.Authority may hold this hearing in the City
_. --; _Hall of the City; of_ La Porte. Di~tribut~ion of~-the notice is
._- as .follows, to-wit:..
_ ,_ ~ a_.. _ Three ,_publ:ic, places ,within .the _bounda,ries, of _ the La: Porte
~`~ . Area. Water Authority ,,_ 'to `- b_e posted withn fourteen:"(14j
- 'days-.prior'to the hearing_;. ~ ~ -
...
:"` ~~ b:' One public .place yin the Bayshore Municipal Utility District,
that being he area proposed to be annexed, with said
- ~ posting taking place.at least fourteen (14) days prior to
the date of the hearing; and
c. Publishing a_copy in the Bayshore Sun at least fourteen
(14) days prior to the hearing. (Water Code, Section
54.719).
The hearing must be within thirty (30) days of the order of
the La Porte Area Water Authority Board calling the hearing
(Water Code, Section 54.718).
4. At said hearing, which is to be held before the Board of the
La Porte Area Water Authority, the Board needs to take evidence
from interested citizens and consider the following:
a. Is it to the advantage of the La Porte Area Water Authority
to annex the described area? and
b. Is the La Porte Area Water Authority capable of servicing
the area to be annexed; (Water Code, Section 54.714).
~ 4~
J
Page 3
August 5, 1987
Robert T. Herrera
5. If the La Porte Area Water Authority Board determines the
above questions in the affirmative, then the Water Authority
Board, shall enter into its minutes a prepared order receiving
the land described in the Petition as an addition to the La
Porte Area Water Authority boundaries at a meeting called for
the purposF,, and duly posted, (Water Code, Section 54.720).
6. A copy of the order shall be signed by a majority of the. La
Porte Area Water Authority Board and attested by the Secretary
of the La Porte Area Water Authority, and shall be filed and
recorded in the Harris County Deed Records (Water Code, Section
54.721).
7. The La Porte Area Water Authority Board is to furnish the
Executive Director of the Texas Water Commission with a metes
and bounds legal description of the land added to the La Porte
Area Water Authority boundaries, within thirty (30D days of
the annexation (Water Code, Section 54.727).
I require that bond counsel be furnished a copy of this opinion for
comment, particularly as regards the Texas Water Code, Sections 54.722
through 54.725, dealing with assumptions of obligations of the Water
Authority, and unissued bonds of the Authority, together with all other
particulars of this opinion for comment. Do not commence annexation
proceedings until we have explicit approval of bond counsel.
Respect;fu~l~,ly h`ubmitted,
Jo ._ rmstron~g~~~
Attorney for a Porte Area Wa Au ority
JDA:rad
cc: Bayshore Municipal Utility District
City of Morgan's Point
City of Shoreacres
Steve Gillette
David Schwartz, Baker & Botts
~_ ~ .
~, .. ~ ~ •
~"~ > ;
` ~
~ ~' ~~ ~~ ,~iV ~
D ~~-rMi
,~
~5~
BAYSHORE MUNICIPAL UTILITY DISTRICT
707 SHADY RIVER ROAD LA PDRTE, TEXAS 77571
(713) 471.5205
July 23, 1987
La Porte Area Water Authority
P.0. Box 1115
La Porte, Texas 77571
Attn: Mr. Stephen Gillette
Gentlemen:
On May 7, 1987, the Bayshore Municipal Utility District
received a letter from your attorney informing us of the procedure
we must employ to be annexed by the Water Authority. We then
retained an attorney (David M. Oualline) to draw up a petition and
to suggest a method of obtaining signatures of qualifed property
owners.
Attached you will find:
~(1) A letter from David M. Oualline
(2) The petition
(3) The required signatures of over fifty property owners
on a copy of the sheets from the BayMUD tax roll.
It is our understanding that BayMUD has completed the required
formalities and can now be annexed by the La Porte Area Water
Authority.
Please let us know if you require further information.
Sincerely yours,
1 ~~(~w~ ~ ~-_•______~-
R. C. Morris, President
BayMUD Board of Supervisors
cc (without attachments):
BayMUD Board of Supervisors
La Porte Area Water Authority, Mr. Cary Burnley
City of La Porte, Mr. Robert T. Herrera
City of Shoreacres; Mayor Billy James
City of Morgans Point, Mayor John Grimes
La Porte Area Water Authority, Attorney John Armstrong
. •
Biil De La Garza & Associates, P.C. f~,t~ ;,,,~~~~~~ ~~~,,,~~<,,, l~,x,,~, ,;~,~ rt:~~a, I_~~k,: cat,,; ieleph~,nc n,~{, ~~~~ ~t~~,~
attorneys 8 counselors at law
a professional corporation
Bill Oe La Garza
Board Certified -Family Law
Texas Board of Legal Specialization
David M. Oualline
Board Certified -Residential Real Estate Law
Commercial Real Estate Law
Texas Board of Legal Specialization
Finis iioyal
May ?_2, 1987
Ms. Ann Lewis
Office Manager
Bayshore Municipal Utility District
707 Shady River Road
La Porte, Texas 77571
Dear Ms. Lewis:
In accordance with your letter of May 20, 1987 and with my
discussions with Mr. R. C. Morris, enclosed please find the
petition for annexation which I have prepared to seek annexation
of a parcel of property adjoining the La Porte Area Water
Authority by the La Porte Area YJater Authority. The annexation
procedure is set forth in Sections 54.716 through 54.721 of the
Texas Water Code. I am enclosing a copy of those statutes for
your review. The La Porte Area Water Authority is governed in
accordance with Chapter 54 of the Texas Water Code and the
Annexation procedure is specifically set out in the enabling
legislation creating the La Porte Area Water Authority. The
Petition is designed so that you may make one or more copies of
same in order to break out portions of the tax rolls so that one
or more canvassers may be able to secure the proper names, or for
alphabetical ease in securing signatures. Please note that the
portion of the tax roll that you intend to use for signature
lines includes personal property valuations and those individuals
who have personal property only on the tax rolls are not quali-
fied to sign this petition.
Further, please do not overlook the fact that many, if not
all, of the property taxpayers that are listed on each of the
properties may be married and their spouses would also have the
right to sign this petition in their own right since they, too,
would be landowners in the area.
~ •
Ms. Ann Lewis
May 22, 1987
Page Two
My fee bill for this service is attached hereto. I would
request that you put this is line for payment.
Very truly yours,
LL ~E L GA A & AS ., P. .
avid M. Oualline
DMO:jj
Enclosures
~~~~~',,
~~ , -~ (~~~ I~~ .
•
PETITION FOR ANNEXATION
TO THE SECRETARY OF THE BOARD OF DIRECTORS OF THE LA PORTE AREA
WATER AUTHORITY:
The undersigned, or the persons whose signatures appear on
any attached sheets, being a majority in value of the owners of
land in the area hereafter defined, or, in the alternative, being
fifty ( 50) or more 1 andowners i n sai d area i f the total of
landowners in the area exceeds fifty (50), hereby petition and
request annexation of the following property by the LA PORTE AREA
WATER AUTHORITY in accordance with Sections 54.711-54.715, Texas
Water Code, and to set a hearing on this Petition. The property
to be annexed is described as follows:
An area of two (2) tracts divided by the City of
Shoreacres. Tract I is bounded by Galveston Bay on
the east; G.H. & S.A. Railroad Right of Way on the
west; bounded by the southernmost boundary of the
City of La Porte at McCabe Road on the north;
bounded by northernmost boundary of the City of
Shoreacres on the south and includes the
residential subdivisions of Pine Bluff, Bayside
Terrace, Bay Oaks and Shady River. Tract II is
bounded by Galveston Bay on the east; State Highway
Spur 501 on the west; the Harris County Navigation
District on the south and the southernmost boundary
of the City of Shoreacres on the north and includes
the residential subdivisions of Shady Oaks, Moody
Tract and Bay Colony.
This petition may be in one or more counterparts, all of
which may be considered together for the purpose of cumulating
signatures.
The effective date of thi s Petition i s July 23, 1987
r