HomeMy WebLinkAboutO-1999-2366
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ORDINANCE NO. 99-23~~
AN ORDINANCE APPROVING AND AUTHORIZING AN ENGINEERING AGREEMENT
BETWEEN THE CITY OF LA PORTE AND CLAUNCH , MILLER, INC. , FOR
PROFESSIONAL ENGINEERING SERVICES FOR WATERLINE REPLACEMENTS;
APPROPRIATING NOT TO EXCEED $42,770.00 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The city Council hereby approves and authorizes
the contract I agreement I or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. The City Council appropriates the sum not to exceed
$42/770.00 from the utility Capital Improvement Fund (Fund 3) to
fund said contract.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting I as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 99-~3~~
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 8th day of November I 1999.
OF LA PORTE
By:
ATTEST:
~ d. &fbI1.
Ma tha A. Gil ett
City Secretary
Knox
City
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AGREEMENT FOR SERVICES
This Agreement entered into as ofthe'H!: day of NOVep.,lf>.t( ,A.D." by
and between Claunch & Miller, Inc. hereinafter referred to as the "Consultant", and the City of La
Porte, Texas, hereinafter referred to as the "Client",
WITNESSETH
WHEREAS, the Client has requested various services ofthe Consultant with
respect to engineering design and preparation of contract documents for the construction of the
proposed waterline improvements (hereinafter referred to as the Project),
NOW, THEREFORE, Client and Consultant hereby agrees as follows:
1. Engagement of Consultant - Consultant hereby agrees to perform the
services required under the scope of services related to the Project, and to provide Client with copies
of the information, opinions, design calculations and contract documents made the basis ofthe scope
of the services, which is set out in Attachment "A" and made a part of this contract. Consultant
agrees to initiate services upon receipt of an executed copy of this Agreement.
2. Availability of Information - Client agrees to provide Consultant with
all available information pertinent to the Project. Client will also provide copies of reports,
drawings, and other data, and will, at Consultant's request, provide written authorization to review
Client's files relative to the Project which may be in possession ofthird parties, Consultant agrees
to return all original documents to Client upon completion of the Project, but reserves the right to
make and keep reproducible copies of all such material.
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3. Access to Facilities - Client will provide access for the Consultant to
enter the property and facilities of Client, as necessary for Consultant to perform services as required
under the Project.
4. Instruments of Service - All documents prepared in accordance with this
contract including exhibits, field notes, laboratory data, original drawings, and specifications are the
property of the Client. The Consultant is given the right to use any of this data in connection with
future engineering projects. The Consultant may retain copies or reproducibles of any information
prepared for this Project.
5. Determination of Fees - The fees for the scope of services as stated in
Attachment "A" provided by Consultant under this agreement will be based on a Lump Sum Amount
of$,
6, Payment and Fee Schedule - The Consultant will submit a monthly
invoice for services rendered, The invoice will be based upon the Consultant's estimate of the
proportion of the total services actually completed at the time of the invoice. Services will be
invoiced using the following fee schedule:
Phase I - Preliminary:
Phase II - Final Design:
Phase III - Construction Administration:
Survey Services:
Geotechnical Services:
$ 7,200,00
$ 21,550.00
$ 5,000.00
$ 7,700.00
$ 1,320.00
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7. Terms of Payment - Payment of fees as determined under Paragraph 5
herein above shall be due and payable by Client within thirty (30) days following receipt of
Consultant's monthly invoice,
8. Additional Services - Additional services beyond those described in the
Scope of Services will be invoiced on the basis of direct labor cost times a factor of2.99 and direct
cost plus 10%.
9. Termination - The Client may terminate this contract at any time by
giving seven (7) days' notice in writing to the Consultant. In that case, all finished or unfinished
documents and other materials produced under this contract, shall become the Client's property. If
the contract is terminated by the Client in accordance with this provision, Consultant shall be paid
for all services performed to the date of termination. Consultant may terminate this contract upon
seven days' written notice in the event of substantial failure by the Client to perform in accordance
with the terms hereofthrough no fault of the Consultant.
10. Governing Law - This Agreement shall be deemed to have been made
under, and shall be construed and interpreted in accordance with the laws of the State of Texas, The
venue of any suit for enforcement or construction ofthis contract shall be in Harris County, Texas.
11. Dispute Resolution - The parties will attempt in good faith to resolve any
controversy or claim arising out of or relating to this agreement promptly by negotiation between
senior executives of the parties who have authority to settle the controversy.
The disputing party shall give the other party written notice of the dispute, Within ten days after
receipt of said notice, the receiving party shall submit to the other a written response. The notice and
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response shall include (a) a statement of each party's position and a summary of the evidence and
arguments supporting its position, and (b) the name and title ofthe executive who will represent that
party. The executive shall meet at a mutually acceptable time and place within twenty days of the
date of the disputing party's notice and thereafter as often as they reasonably deem necessary to
exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the senior
executives, the parties shall endeavor to settle the dispute by mediation under the Construction
Industry Mediation Rules of the American Arbitration Association,
If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days
of the commencement of such procedure, (which period may be extended by mutual agreement), or
if either party will not participate in such procedure, the controversy shall be settled by arbitration
in accordance with "American Arbitration Association Construction Industry Arbitration Rules" by
a sole arbitrator. The arbitration shall be governed by the United States Arbitration Act, 9 U,S.C &
1-16, and judgment upon award rendered by the Arbitrator may be entered by any court having
jurisdiction thereof. The place of arbitration shall be Harris County, The arbitrator is not
empowered to award damages in excess of actual damages, including punitive damages.
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ENTERED INTO AND AGREED by the parties hereto as the day and year first
written.
CLAUNCH & MILLER, INC.
Consultant
BY: all rat
CHRISTOPHER E. CLAUNCH, P.E.
President
CITY OF LA PORTE, TEXAS
Client
ByG~ T. \-\~
ATTEST:
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CLAUNCH & MILLER, INC.
Engineering Consultants
ATTACHMENT "A"
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I CITY SEC,,~ ,;;iiY.S !
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October 25, 1999
Mr. Steve Gillett
Director of Public Works
P.O, Box 1115
La Porte, TX 77572-1115
RE: Engineering Services for Waterline Improvements
on Catlett and Park Drive
Dear Mr. Gillett:
Claunch & Miller, Inc, (CMI) is pleased to submit this proposal for providing engineering services
on the above referenced project.
DESCRIPTION OF PROJECT
The project consists of waterline improvements in two (2) separate locations,
Catlett- This improvement includes the replacement of an existing 6" waterline with a new
8" waterline along Catlett Street from Farrington Blvd. to Valley Brook Drive
(approximately 2,150'). This project also includes the replacement of all of the existing
sidewalk on the north side of Catlett for this segment.
Park Drive- This improvement involves the replacement of an existing 6" waterline with an
8" waterline along park Drive from to Oak Grove to Bayridge (approximately 2000 L.F.).
The preliminary estimated construction cost for the improvements is $316,775.45.
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3701 Kirby Drive. Suite 860. Houston. Texas 77098. (713) 524-7113
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SCOPE
The scope of engineering services is as follows:
Survey Services
. Provide survey services on each of the project sites suitable for design.
. Vertical elevation information on all three project sites will be based on an assumed
datum.
Geotechnical Service
. Provide a geotechnical report presenting an investigation of the soils at Catlett and
Park Drive,
. The geotechnical report will provide usual and customary information on the existing
soil. It will include bedding and backfill recommendations, trench safety
information. The report will be based upon information obtained from two borings
along Catlett and two along Park Drive. Each boring will be approximately ten (10)
feet deep,
PRELIMINARY ENGINEERING PHASE
. Research existing utilities in the project area.
. Determine a recommended alignment for the new waterlines
. Determine construction method and/or scheduling to minimize disruption of water service
to the community,
. Take photographs of all sites including all driveways,
. Prepare estimated construction costs for the project.
. Develop a project schedule.
. Prepare a letter report presenting the findings, estimated costs, and schedules for the work,
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DESIGN ENGINEERING PHASE
. Prepare detailed plan and profile drawings ofthe final design as presented in the preliminary
engineering report. These plans will be at a scale of I " = 20' horizontal and I" = 2' vertical.
. Prepare contract specifications suitable for bidding.
. Prepare an update of the construction cost based on the final design.
. Furnish five (5) sets of construction documents to the City of La Porte.
CONSTRUCTION ADMINISTRATION PHASE
. Assist the City in obtaining bids for the Project.
. Dispense construction documents from CMI's office to potential bidders,
. During the bidding process, provide information to and answer questions from potential
bidders concerning the Project's construction documents.
. Evaluate the bids and the qualifications ofthe apparent low bidder and advise the City as to
the acceptability of the apparent low bidder.
. Act as the City's Project representative during the construction phase.
. Review and respond accordingly to all submittals as required by the contract specifications.
. Consult and advise the City; issue all instructions to the Contractor requested by the City;
and prepare and issue, as required, change orders with the City's approval.
. Review the contractor's pay estimates, evaluate the completion of work and make payment
recommendations to the City.
. Visit the site at intervals appropriate to the various stages of construction to observe the
progress and quality of executed work and to determine in general if such work is proceeding
in accordance with the Contract Documents. Such site visits are intended to be periodic in
nature and are not intended to be full time site representation.
. Claunch & Miller, Inc. (CMI) will not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by the Contractor(s) or the safety
precautions and programs incident to the work of the Contractor(s). CMI's effort will be
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directed toward providing a greater degree of confidence for the City of La Porte that the
completed work ofContractor(s) will confonn to the Contract Documents, but CMI will not
be responsible for the failure of Contractor(s) to perfonn the work in accordance with the
Contract Documents.
. Conduct a final inspection of the project upon completion of the construction. Prepare a
punch list of items to be completed by the contractor prior to final payment. Verify that the
punch list items have been addressed to the City's satisfaction prior to final payment.
. Prepare a recommendation for Final Payment.
. Provide as-built drawings based on contractor's redlines,
CONSTRUCTION OBSERVATION UF REOU.ESTED BY THE CITy)
. Provide a Project representative to observe and monitor the progress and quality of the work
by the Contractor.
. Provide daily reports on the status of the construction,
. Take color photographs ofthe Project's site prior to construction.
. Participate in the processing of submittals and change orders and the issuance of instructions
as required by the City,
. By providing a project representative, Claunch & Miller, Inc. (eMI) will not be responsible
for construction means, methods, techniques, sequences or procedures or for safety
precautions or programs, or for Contractor(s) failure to perfonn their work in accordance
with the Contract Documents,
ADDITIONAL SERVICES
. "Additional Services" shall only be perfonned when directed by the City to CM!. These
services are not considered normal or customary engineering services.
. Services resulting from significant changes in the extent of the Project or its design including
but not limited to changes in size, complexity, the City's schedule, or character of
construction or method offinancing; and revising previously accepted studies, reports design
documents or Contract Documents when such revisions are due to causes beyond CMI's
control.
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. Preparing documents for alternate bids requested by the City or documents for out of
sequence work,
. Preparing to serve or serving as a consultant or witness for the City in any litigation, public
hearing or other legal or administrative proceeding involving the Project.
. 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 ofContractor(s), (3) prolongation of the construction contract time, (4) acceleration of
the progress schedule involving services beyond normal working hours and (5) default of
contractor
CMI will endeavor to apprise the City of any potential additional or extended services which
may result from the above listed 5 items, prior to CMl's expenditure oftime on such services,
As previously noted, any such extended or additional services shall only be performed when
directed by the City to CMI.
. Additional services not otherwise provided for in the scope of services.
FEE
Survev Services
Claunch & Miller, Inc.'s fee for the field survey services is the lump sum amount of:
$7,700,00
Geotechnical Services
Claunch & Miller, Inc.'s fee for the geotechnical services is the lump sum amount of: $1,320.00
Preliminary Eneineerine Phase
Claunch & Miller, Inc.'s fee for the preliminary engineering phase is the lump sum amount of:
$7,200,00
Final Desien Phase
Claunch and Miller, Inc. will perform the Final Design Phase for the Lump Sum amount of:
$21,550,00
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Construction Administration Phase
Claunch and Miller, Inc. will perform the Construction Administration Phase for the Lump Sum
amount of:
$5,000,00
TOTAL
$42,770.00
Construction Observation
Claunch & Miller, Inc.'s fee for a site representative to provide the construction observation services
shall be at an hourly rate of$ 55 per hour plus; $18.50 per day for vehicle expenses (includes vehicle
expenses, mileage, gas, etc. for site representative only) and project costs plus 10%. Other labor
charges such as office support services for the site representative will be billed at direct labor cost
times a factor of2,99. CMI will not proceed with construction observation services until a budget
has been established for such services and authorization has been received from the City of La Porte.
Additional Services
Additional services beyond those described in the Scope of Services will be invoiced on the basis
of direct labor cost times a factor of2.99 and direct cost plus 10%.
FEE SCHEDULE
Claunch & Miller, Inc, will submit monthly progress invoices for all engineering work completed
to invoice date. The invoices would be based on a percentage of completion of each phase applied
to the lump sum fee,
Claunch & Miller, Inc, appreciates the opportunity to submit this proposal and to continue working
for the City of La Porte.
Sincerely,
CLAUNCH & MILLER, INC.
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V;:m~s~, Thompson, P.E.
Senior Project Manager
JET/mId
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