HomeMy WebLinkAboutO-1999-2305
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ORIGINAL
ORDINANCE NO. 99_2305
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND CLAUNCH , MILLER, INC. , TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR WATERLINE REPLACEMENT;
APPROPRIATING $41,935.00, TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THB OPEN MBETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
City Council appropriates the sum not to exceed
$41,935.00 from the utility Capital Improvement Fund No.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
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 99- 2305
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 11th day of January, 1999.
By:
CITY OF LA PORTE
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/N r an L. Ma on ,
Mayor
ATTEST:
~~G~ie~~
City Secretary
(J0Via:
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City Attorney
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CLAUNCH & MILLER, INC.
Engineering Consultants
ATTACHMENT "A"
January 7, 1999
Mr. Steve Gillett
Director of Public Works
P.O. Box 1115
La Porte, TX 77572-1115
RE: Engineering Services for Waterline Improvements
on Antrim, Park Drive and Valley View and F101 Ditch Drive
Dear Mr. Gillett:
Claunch & Miller, Inc. (CM!) 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 three (3) separate locations.
Antrim- This improvement includes the replacement of an existing 6" waterline with a new 8"
waterline along Antrim Street from Farrington Blvd. to Piney Brook Drive (approximately 1,000
L.F.). This project also includes the replacement of all of the existing sidewalk on the north side
of Antrim for this segment.
Park Drive- This improvement involves the replacement of an existing 6" waterline with an 8"
waterline along park Drive from San Jacinto to Oak Grove (approximately 3000 L.F.).
Valley View & FIOl Ditch - This improvement involves the replacement of an existing 8"
waterline crossing Harris County Flood Control District FI01-00-00 at Valley View. This
involves replacing the line utilizing a bridge attachment across the planned cross section of the
F101 ditch.
The preliminary estimated construction cost for the improvements is $313,188.70.
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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 the Autrium and
Park Drive portions of the project. Geotechnical work will not be obtained at the other
location.
. 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 one boring along Antrim and
two along Park Drive. Each boring will be approximately seven (7) feet deep.
PRELIMINARY ENGINEERING PHASE
. Research existing utilities in the project area.
. Determine a recommended alignment for the new waterline
. 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.
DESIGN ENGINEERING PHASE
. Prepare detailed plan and profile drawings of the fmal design as presented in the preliminary
engineering report. These plans will be at a scale of 1" = 20' horizontal and 1" = 2' vertical.
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. 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 CMIts 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 of the 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 directed toward
providing a greater degree of confidence for the City of La Porte that the completed work of
Contractor(s) will conform to the Contract Documents, but CMI will not be responsible for the
failure of Contractor(s) to perform 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.
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. Prepare a recommendation for Final Payment.
. Provide as-built drawings based on contractor's redlines.
CONSTRUCTION OBSERVATION (IF REOUESTED 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 of the 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. (CMI) will not be responsible for
construction means, methods, techniques, sequences or procedures or for safety precautions or
programs, or for Contractor(s) failure to perform their work in accordance with the Contract
Documents.
ADDITIONAL SERVICES
. "Additional Services" shall only be performed when directed by the City to CMI. 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 of financing; and revising previously accepted studies, reports design documents or
Contract Documents when such revisions are due to causes beyond CMI's control.
. 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 of
Contractor(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 CMI's expenditure of time on such services. As
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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.
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Survey Services
Claunch & Miller, Inc.'s fee for the field survey services is the lump sum amount of:
$7,535.00
Geotechnical Services
Claunch & Miller, Inc.'s fee for the geotechnical services is the lump sum amount of:
Preliminary Engineering Phase
$1,045.00
Claunch & Miller, Inc.'s fee for the preliminary engineering phase is the lump sum amount of:
$7,000.00
Final Design Phase
Claunch and Miller, Inc. will perform the Final Design Phase for the Lump Sum amount of:
$21,355.00
Construction Administration Phase
Claunch and Miller, Inc. will perform the Construction Administration Phase for the Lump Sum amount
of:
$5,000.00
TOTAL
$41,935.00
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.
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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.
r 2_ ~,/'. F.
James E. Thompson, P.E.
Senior Project Manager
JET/mId
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AGREEMENT FOR SERVICES
This Agreement entered into as of the 1 j.JL day of~)M\1 ,~ ' A.D." by and
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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 of the 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 of the 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 of third 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 docwnents 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 Lwnp 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: $ 7,000.00
Phase II - Final Design: $ 21,355.00
Phase III - Construction Administration: $ 5,000.00
Survey Services: $ 7,535.00
Geotechnical Services: $ 1,045.00
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.
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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 of 2.99 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 hereof through no fault of the
Consultant.
10. Governin~ 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 of this 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 response shall
include (a) a statement of each party's position and a summary of the evidence and arguments supporting
its position, and (b) the name and title of the executive who will represent that party. The executive shall
meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice
and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt
to resolve the dispute.
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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
B~~~~~(!-L
President
CITY OF LA PORTE, TEXAS
Client
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LaPorte: Waterline Improvements 1999
SCHEDULE OF UNIT PRICE WORK
PRELIMINARY COST ESTIMATE -12/17/98
BASE UNIT PRICES FOR:
ITEM ITEM DESCRIPTION UNIT QTY. UNIT PRICE IN TOTAL IN
No. FIGURES FIGURES
Antrim
WATER:
1 8" PVC Open Cut L.F. 950 $ 40.00 $ 38,000.00
2 8" PVC Auger L.F. 65 $ 55.00 $ 3,575.00
3 Fire Hydrants Each 3 $ 1,900.00 $ 5,700.00
4 6" F.H. Leads Each 18 $ 30.00 $ 540.00
5 12" x 8" T.S. & V. Each I $ 1,800.00 $ 1,800.00
6 8" Wet Connection Each I $ 1,200.00 $ 1,200.00
7 8" Cut and Plug Each 2 $ 900.00 $ 1,800.00
8 Remove and Salvage Fire Hydrant & Each 2 $ 500.00 $ 1,000.00
Valve
9 Trench Safety L.F. 950 $ 2.00 $ 1,900.00
10 Short Service Each 10 $ 475.00 $ 4,750.0C
11 Long Service Each 10 $ 475.00 $ 4,750.00
TOTAL $ 65,015.00
SIDEWALK AND DRIVEWAYS:
12 Remove & Replace Sidewalk S.F. 3,600 $ 4.50 $ 16,200.00
13 Remove & Replace Driveway S.F. 1,300 $ 4.75 $ 6,175.00
TOTAL $ 22,375.00
MISC. EXTRA WORK:
14 Extra Bank Sand C.Y. 50 $ 15.00 $ 750.00
15 Extra Concrete C.Y. 5 $ 10.00 $ 50.0C
16 Misc. Extra - - 15% of Total $ 13,228.50
TOTAL $ 14,028.50
ANTRIM TOTAL 1$101 418.50
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-- LaPorte: aterline Improvements 1999
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SCHEDULE OF UNIT PRICE WORK
PRELIMINARY COST ESTIMATE - 12/17/98
BASE UNIT PRICES FOR:
ITEM ITEM DESCRIPTION UNIT QTY. UNIT PRICE IN TOTAL IN
No. FIGURES FIGURES
Park Drive
WATER:
1 8" PVC Open Cut L.F. 2,800 $ 35.00 $ 98,000.00
2 8" PVC Auger L.F. 420 $ 55.00 $ 23,100.00
3 Fire Hydrants Each 7 $ 1,900.00 $ 13,300.00
4 6" F .H. Leads Each 42 $ 19.00 $ 798.00
5 8" x 8" T.S. & V. Each 1 $ 1,800.00 $ 1,800.00
6 8" Wet Connection Each 1 $ 1,200.00 $ 1,200.00
7 6" x 8" T.S. & V. Each 7 $ 1,500.00 $ 10,500.00
8 8" Cut and Plug Each 2 $ 900.00 $ 1,800.00
9 8" Temporary Plugs Each 2 $ 500.00 $ 1,000.00
10 Remove and Salvage Fire Hydrant & Each 3 $ 500.00 $ 1,500.00
Valve
11 Trench Safety L.F. 2,800 $ 2.00$ 5,600.00
12 Long or Short Service Each 10 $ 475.00 $ 4,750.00
TOTAL $ 163,348.00
MISC. EXTRA WORK:
14 Extra Bank Sand C.Y. 50 $ 15.00 $ 750.00
15 Extra Concrete C.Y. 5 $ 10.00 $ 50.00
16 Misc. Extra - - 15% of Total $ 24,622.20
TOTAL $ 25,422.20
PARK DRIVE TOTAL 1$ 188 770.20
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-LaPorte: Waterline Improvements 1999
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SCHEDULE OF UNIT PRICE WORK
PRELIMINARY COST ESTIMATE - 12/17/98
BASE UNIT PRICES FOR:
ITEM ITEM DESCRIPTION UNIT QTY. UNIT PRICE IN TOTAL IN
No. FIGURES FIGURES
Valley View @ F-101 Ditch
WATER:
1 Steel Waterline L.F. 150 $ 100.00 $ 15,000.00
2 Brackets/Bridge Attachment L.S. 1 $ 5,000.00 $ 5,000.00
3 Misc. Extras - - 15% of Total $ 3,000.00
TOTAL $ 23,000.00
PROJECT TOTAL
$313,188.70