HomeMy WebLinkAboutO-2001-2468
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ORDINANCE NO. 2001-;l,.f(, ~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND CLAUNCH' MILLER, INC., FOR ENGINEERING DESIGN
SERVICES FOR IMPROVEMENTS TO LIFT STATION 40; APPROPRIATING NOT TO
EXCEED $24,250.00 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, 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.
The City Council appropriates the sum not to exceed
$24,250.00 from the utility Capital Improvement Fund 003 to fund
said contract.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 2001-~q~%
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~1.tJ! day of ft!JJeul1IY , 2001
By:
CITY. OF LA PORTE
N~-:( ~~
Mayor
ATTEST:
~~~~tfiJJj)j
City Secretary
Knox
City
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Fe~rua
Appropriation
Requested By: S. Gillett
Source of Funds: Utility CIP
Department:
Account Number: 003-9890-814-1100
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: $250,000
Exhibits:
Ordinance
Amount Requested: $24,250
Exhibits:
Contract for Enldneerine Services
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
An engineering evaluation was performed last year for Lift Station # 40, which serves the former Bayshore
Municipal Utility District. The Study, performed by Claunch & Miller, Inc., identified improvements to the facility
to rehabilitate the structural, mechanical and electrical systems, and to provide additional capacity to serve
undeveloped areas of south La Porte. Proposed improvements include removal of existing pumps and control
system, cleaning and recoating wet well walls and replacement of control system and pumps. The pumps will be
replaced with submersible type pumps, which will require modifications to the wet well top and hatch opening.
Existing flow will be bypass pumped during construction of the proposed improvements.
Claunch & Miller has submitted a proposal to perform engineering design services for this Project. The costs
associated with this Project are as follows:
Final Design Phase
Construction Phase
Total Engineering
$20,250.00
4.000.00
$24,250.00
Adequate funding is available for the engineering phase of this Project.
Action Required bv Council: Approve an ordinance authorizing the City Manager to execute a contract
with Claunch & Miller, Inc. to perform engineering design services for the Lift Station 40 Project in an
amount not to exceed $24,250.00.
Aooroved for City Council Aeenda
~ I, \~~
Robert T. Herrera, City Manager
d...-ao .O(
Date
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AGREEMENT FOR SERVICES
This Agreement entered into as of the ;)lJfI- day of FE~ J..{){)I,
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 of the Consultant
with respect to engineering design and preparation of contract documents for the construction of
the proposed lift station improvements (hereinafter referred to as the Project).
NOW, THEREFORE, Client and Consultant hereby agrees as follows:
1. Eneaeement 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 pr~vide 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.
3. Access to Facilities. Client will provide access for the Consultant to
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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, orig~al 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 $24,250.00 for design and construction administration.
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 for design and
construction administration. Services will be invoiced using the following fee schedule:
Final Design: $ 20,250.00
Construction Administration: $ . 4,000.00
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7. Terms ofPavment - Payment offees 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 time~ 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. Governine 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
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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.
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 resolyed 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.
A TrEST:
CLAUNCH & MILLER, INC.
Consultant / /J /J
BY, t%,~~ t ~
CHRISTOPHER . CLAUNCH, P.E.
President
~. 4--
CITY OF LA PORTE, TEXAS
Client
By:G~ WJ)~
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CLAUNCH & MILLER, INC.
Engineering Consultants
ATTACHMENT "A"
January 17, 2001
Mr. Steve Gillett"
Director of Public Works
P.O. Box 1115
La Porte, TX 77572-1115
RE: Engineering Services for Design of Lift Station #40
Dear Mr. Gillett:
Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for providing engineering design
services on the above refereI).ced project.
DESCRIPTION OF PROTECT
CMI prepared a report, entitled "Lift Station #40 Evaluation" for the City of La Porte in December
of 1999. The report provides an evaluation of Lift Station #40 and the 10" and 12" force main
extending to the Gulf Coast Waste disposal Authority's (GCWDA) Bayport treatment plant. Lift
Station #40 is located near the southern limits of the City in the Shady River Subdivision. Future
development in the southern limits of the City is anticipated and the City desires to upgrade the
station tb serve additional developed areas.' The City also desires to rehabilitate the structural,
mechanical and electrical systems of the station and replace the existing suction lift pumps with
submersible type pumps.
The report recommended improvements to the lift station consisting of the removal of the existing
pumps and control system, cleaning and recoating the wet well walls and replacement of the control
system and pumps. The pumps will be replaced with submersible type pumps which will require
modifications to the wet well top and hatch opening. Existing flow to the wet well will have to be
bypassed during the construction of the proposed improvements. .
The preliminary estimated cost for the construction of the improvements was estimated to be
$196,400.00.
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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
· Survey services will consist of field measuring and sketching the existing wet well and
improvements to augment City supplied data.
· Vertical elevation information will be based on the City of LaPorte datum, if
available.
Geotechnical Service
· No geotechnical services will be obtained for this project.
DESIGN ENGINEERING PHASE
· Prepare detailed plan and proflle drawings of the final design as presented in the engineering
evaluation report.
. Provide plans for electrical and control systems.
. Prepare contract specifications for the project suitable for bidding.
. Prepare an update of the construction cost based on the final design.
· Furnish five (5) sets of construction documents for t\1e project to the City of La Porte.
CONSTRUCTION ADMINISTRATION PHASE
. Assist the City in obtaining bids for the Projects.
· Dispense construction documents from CMI's office to potential bidders.
. During the bidding process, prov:ide information to and answer questions from potential
bidders concerning the Project's construction documents.
. Evaluate the bids and the qualifications of the apparent low bidders and advise the City as to
the acceptability of the apparent low bidders.
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· 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 periodidn
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). CMl's effort will be
directed toward providing a greater degree of confidence for the City of La Porte that the
completed work ofContractor(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.
· Prepare a recommendation for Final Payment for the project.
. Provide as,built drawings based on contractor's redlines.
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ADDITIONAL SERVICES
. "Additional Services" shall only be performed 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 of financingj 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 previously noted, any such extended or additional services shall only be performed when
directed by the City to CM!.
. Additional services not otherwise provided for in the scope of services.
/"
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FEE
Final Desie:n Phase
Claunch and Miller, Inc. will perform the Final Design Phase for the Lump Sum amount of:
$20,250.00
Construction Administration Phase
Claunch and Miller, Inc. will perform the Construction Administration Phase for the Lump Sum
amount of:
$4,000.00
TOTAL
$24,250.00
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%.
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. 0 z:
C;; 2 44_____ r. .
, ~~~~- ./
ames E. Thompson, P.E.
Senior Project Manager
JET/md
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