HomeMy WebLinkAboutO-1990-1710
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ORDINANCE NO. 1710
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT AND AGREEMENT FOR
ENGINEERING SERVICES BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND
CLAUNCH & MILLER, INC.1 MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT1 FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW 1 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 Mayor is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City fo~ the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated1 and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this ~5~day of
, 1990.
ATTEST: ~
~
Cherie Black
City Secretary
tz;;Dc:;L
Knox W. Askins
City Attorney
FROM CLAUNCH If. MILLER, INC.
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06.21.199Y 08lYl
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NO. 1
P. 2
CONTRACT AND AGREEMENT
FOR ENGINEERING SERVICES
CLA~CH & MILLER. INC.
This Agreement is made and entered incoby and be~ween the CITY
OF IA PORTE, TEXAS, "IA PORTE." and the undersigned. CLAUNCH F. MTT.T.F.R,
INC.. hereinafter referred t.n aA "ENGINEER," a corpor~tion authorized to
conduct business in the State of Texas.
I.
LA PORTE desires to enter into an agreement with ENGINEER in
order that ENGINEER may render engineering services and other services as
specified in the proposal as attached hereto and marked Exhibit "A"i and
ENGINEER has agreed to perform said services for the consideration set out
in Exhibit "A" attached hereto.
ENGINEER has represented and does
represent.
by signature and execution of this Agreement. that the
professional services and other services to be purchased by LA PORTE can
be reasonably rendered in a competent and professional manner.
II.
ENGINEER agrees to render said services for the consideration as
set out in Exhibit "A" attached; and LA PORTE agrees to pay. upon the
successful completion of said services. the consideration as therein set
out.
III.
It is specifically understood and agreed that LA PORTE may, at
any time. cancel this Contract and Agreement; and !,n the event of such
cancellation, ENGINEER shall only have a claim against LA PORTE in quantum
meruit for services actually rendered or costs actually incurred for and
on behalf of LA PORTE and have no claim for any other reason whatsoever.
FROM CLAUNCH & MILLER. INC.
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86,21.1990 08:0~
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NO. 1
P. 3
IV.
In the event of any cnnflf,.ts O:L" provicfnnB contained ill ExhibIe
"A" attached hereto which differ from the terms and provisions of this
Cnnt-1""C'~
.....1 Agreement: for En~llleerlng Services, Exhibit "A" being
incorporated herein for all purposes, the terms and provisions of Exhibit
"An shall be deemed to be controlling and shall supersede the terms and
provisions of this Agreement.
v.
Upon earlier termination or upon completion of all services to
be rendered and delivery of the work product thereof to LA PORTE under the
terms and provisions of this Agreement, ENGINEER shall receive final
payment in an amount as shall be properly itemized and described, and the
same shall be clearly identifi~d as "Final Payment"; and receipt thereof
and acceptance by ENGINEER and tendering of the same by ENGINEER for
payment, shall constitute a full and final release of any and all
liability which may be claimed by ENGINEER against LA PORTE. Said release
shall be full and final even though the same may not be reflected verbatim
on the face of the check or draft accepted, endorsed and tendered for
payment.
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FROM CLAUNCH & MILLER, INC.
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06.21.1990 08:03
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NO. 1
P. 4
This Contract and Agreemenc is entered inco and executed this,
the
2/'S -I-
day of
June::
, 1990.
CLAUNCH & MILLER, INC.
By:
~~rB-t~
ATl'EST:
~-k~ ~ U-L.
Corporate Secretary
This Contract and Agreement is executed by chs Mayor of the CITY
OF LA PORTE, TEXAS and attested by the City Clerk under the appropriate
authority granted by Ordinance No. I~/t? duly adopted by the City Council
of the CITY OF LA PORTE. TEXAS on the ,2S't:l
day or
1990.
/
CITY OF LA PORTE, TEXAS
BY;(hn1~~~
Mayor
ATl'EST:
~&d
City Clerk
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. CLAUNCH & MILLER, INC.
Engineering Consultants
June 8, 1990
Mr. John Joerns
Assistant City Manager
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Re: Construction Observation and Management Services for the City of La
Porte's Fire Training Facility and Improvements to East "E" Street
Projects and Engineering Services for Miscellaneous Projects
Dear Mr. Joerns:
Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for
providing construction management and observation services for the Fire
Training Facility and East "E" Street projects and engineering services
for miscellaneous projects.
SCOPE OF SERVICES
This scope of services is presented in two sections. Section 1 -
"Construction Management .and Observation Services" pertains to the work
required for the Fire Training Facility and the East "E" Street
Improvement projects. Section 2 - "Miscellaneous Engineering Services"
pertains to services required by the City of La Porte for several projects
which the City of La Porte may authorize.
SECTION 1 - CONSTRUCTION MANAGEMENT AND OBSERVATION SERVICES
1.1 GENERAL - The two projects for which these services are desired are:
o Fire Training Facility
o East "E" Street Improvements
,/
It is understood that the City of La Porte has contracted with the
design engineering firm for each of the above noted projects to
provide normal construction management/administration duties. The
said design engineering firms are not associated with CMI.
The two projects are presently at a stage where design is complete
and a City review is required along with approval of associated
governmental agencies such as Harris County Flood Control.
3701 Kirby Drive, Suite 892. Houston, Texas 77098. (713) 524-7113
FROM CLAUNCH & MILLER. INC.
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86.20.1990 16=25
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NO.4
P. 2
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eMI proposal
City of Laporte
6-8-90
Page 2 of 13
In general. the City of La Porte desires services whereby CMI will
provide:
o Review of the drainage and Harris County Flood Control
requirements for the Fire Training Facility to determine if'
alternative methods of drainage may be more advantageous to
the City of La Porte.
o Review the design documents and provide coromem: to the City of
La Porte.
o
Provide the City assistance
construction phase.
during
the bidding and
o Review the submittals and general performance of the
designated design firms providing construction administration
services. CMI will not be responsible for that design firm's
performance or failure to perform or meet the terms of the
contract that firm has with the City of La Porte.
o Provide one construction observer (on-site representative).
Provide an additional observer at such times that both
projects have simultaneous needs for an observer,
1.2 PROVIDE REVIEW OF DRAINAGE AT THE FIRE TRAINING FACILITY
o Review Drainage Plan as presently designed.
o Determine any potential alternatives which may be acceptable
to the City of La Porte and Harris County Flood Control.
o Provide review comments to the City of La Porte.
o Coordinate with Harris County Flood Control and the City of La
Porte.
o If authorized, review any subsequent re-deslgn of the drainage
plan.
o CMI's review of the drainage plan in no-way implies or places
the responsibility of the drainage design upon CMI or relieves
the engineering design firm (for that project) of its
responsibilities.
1.3 PROVIDE REVIEY OF DESIGN DOCUMENTS PRIOR TO BIDDING STAGE
o Assist the City of La Porte in determining recommended levels
of insurance for the construction contraots.
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CMI Proposal
City of Laporte
6-8-90
Page 3 of 13
o Assist the City in the review of the plans and specifications
for Accident Prevention.
o Assist the City in verifying the performance and payment bond
forms.
o
Assist the City in verifying
indemnification provisions are
specifications.
that proper worker safety and
included in the plans and
o Assist the City in determining that appropriate provisions are
in the plans and specifications to help protect the City and
Third parties from actions of the Contractor.
o Assist the City in determining that appropriate provisions are
in the plans and specifications to help maintain the
Contractor's liability regardless of contracts the contractor
may have or not have with third party subcontractors or
material suppliers.
o Provide a recommendation for the most cost effective way to
plan the construction based on key dates for use of the
facility and/or the road or sections of the project; and the
costs associated with various phases of construction.
o Review the plans and specifications to help identify any
potential conflicts which may occur during construction.
o Review plans and specifications to determine adequacy.
o Review of plans and specifications in no way implies or places
the responsibility for adequacy of these documents upon CMI.
1.4 PROVIDE THE CITY OF LA PORTE ASSISTANCE DURING THE BIDDING PHASE
o
Assist the City
conference and in
the bid opening.
in conducting the construction pre-bid
answering questions from bidders prior to
o Recognize that questions of a design nature should be referred
to the appropriate design engineer.
o Coordinate with the appropriate design firm to insure
consistency during the bidding phase.
FROM CLAUNCH & MILLER. INC.
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06.20.1990 16=26
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NO, 4
P. 3
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CMI Proposal
City of Laporte
6-8-90
Page 4 of 13
o Plans and specifications will be duplica~ad and distributed by
the City of La Porte at their office and/or other locations.
The City of La Porte will provide CMI the bid list of
potential bidders acquiring the bid documents.
o Contact materials testing firms and assist the City in
negotiating a materials testing contract for the projects.
o If requested, attend the bid opening.
1.5 PROVIDE THE CITY OF LA PORTE ASSISTANCE DURING THE SID REVIEW AND
PRE-CONSTRUCTION PHASE
o It is CHI's understanding that the design engineering firm
will conduct the reviews of contractor's qualifications and
prepare a report to the City concerning a recommendation for
contract award. CMI will review this document and provide
appropriate comments to the City of La Porte.
o Review the documents with City Staff, as required.
o Assist the City staff in presentation to council for award, as
required.
o Attend the Pre-Construction Meeting and assist the City and
the design engineer in conducting the meeting.
o Verify that appropriate permits have been obtained by the
contractor,
o Assist the contractor and/or the City in permit acquisition or
necessary coordination.
o Review the contractor's schedule.
o Assist the City in determining an appropriace date for issuing
the "notice to proceed".
1.6 PROVIDE CONSTRUCTION ADMINISTRATION SERVICES DURING THE CONSTRUCTION
PHASE
o Construction administration services provided by CMI will
consist of the review of the construction administration
services provided by the project's design engineering firm.
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CMI Proposal
City of Laporte
6-8-90
Page 5 of 13
o Review contractor's schedule regularly. Coordinate with the
City and the design engineering firm.
o Review monthly progress schedules submitted to the City by the
design engineering firm.
o Provide recommendations adjustments to the schedule and
coordinate with the design engineer and the City.
o Review construction progress and recommendation for Periodic
and Final Payments made by the design engineering firm.
o Conduct periodic site visits at intervals appropriate to the
various stages of construction to observe the progress and
quality of executed work of the Contractor(s).
o Review change orders and assist the' City and the design
engineer in the negotiation and processing of change orders.
o Review submittals and shop drawings and design engineer's
review and response to submittals and shop drawings.
o Coordinate with the design firm and the City of La Porte on
all directives dealing with memorandums of agreement, time
extensions, proposals, change orders and shop drawings.
o Coordinate the Activities of Materials Testing laboratory and
review test results.
o Contract the design firm for input on key issues and changes
to the project.
o Hold meetings with the design firm, as required, to verify and
maintain the intent of the design.
o Attend monthly or periodic progress meetings. Maintain
meeting notes and distribute the minutes to all attendees.
o Assist the design firm in conducting a final inspection in the
company of the City of La Porte.
o Assist the design firm in the preparation of red line
drawings, by providing information and coordination. It is
eMI's understanding that the design firm will perform the
drafting and reV1Slons to the drawings, as well as all
reproduction of record drawings and copies.
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CMI Proposal
City of Laporte
6-8-90
Page 6 of 13
1.7 PROVIDE CONSTRUCTION SURVEILLANCE SERVICES
o Provide one construction observer (on-site representative) to
observe the daily progress of construction activities and to
assist in the interpretation of plans and specifications. One
observer will act as the site representative for both
projects. At such times that both projects have simultaneous
needs for an observer an additional representative will be
provided.
o The on-site representative will be on-site daily and/or during
construction activity. He will commute between the two
proj ects.
o In the event of rain days where construction may be hindered
or stopped, the representative will be on-site long enough to
verify that inclement weather has occurred and the associated
impact on the contractor and construction.
o The on-site representative shall maintain daily reports in a
format satisfactory to the City of La Porte.
o The on-site representative will attend meetings with the
Contractor and the City of La Porte such as pre-construction
conference, progress meetings and other project related
meetings where his presence is requested by the City of La
Porte.
o The on-site representative will take color photographs of the
site prior to construction.
o The on-site representative will take periodic photographs of
the construction progress and of key items of concern.
o The on-site representative will provide assistance to the
design firm's preparation of monthly reports.
o The on-site representative will estimate quantities installed
for use in reviewing monthly pay estimates.
o The on-site representative will coordinate the activities of
the testing laboratory.
FROM CUWNCH & MILLER, INC.
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06.20.1990 16:27
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NO. 4
P. 4
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eM-I Proposal
City of Laporte
6-8-90
Page 7 of 13
o The on-site representative(s) will be provided in an effort to
aid the process of observing the performance of work of the
Contractor(s). Through more extensive on-site observations of
the work in progress, Claunch & Miller. Inc. shall endeavor to
provide further protection for the City of La Porte against
defects and deficiencies in the work of the contractor(s); but
the furnishing of such on-site representatlve(s) will not make
Claunch & Miller, Inc. 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.
o The on-site representative will assist in the performance of a
final inspection, the preparation of a punch list and
subsequent followup inspections.
o The on-site representative will assemble and maintain notes,
comments. sketches and supporting date related to the project
in order to assist the design firm In the preparation of
record drawings.
1.8 SCHEDULE FOR PROVIDING ON-SITE REPRESENTATIVE SERVICES
o It is estimated that the Fire Training Facilicy project time
will be approximately 6 months or 180 calendar days. and the
East tiE" Street Project will be approximately 10 months or 300
calendar days.
o It is CMI's understanding that both projects will begin at the
same time and will occur concurrently. Therefore, a site
representative will be provided for the duration of the larger
project, which Is approximately 10 months or 300 calendar
days. It 1s estimated that the work requirements will
diminish towards the end of the project. Therefore, it is
estimated that a site representative will be provided for an
average of 8 hours per day for 8 months and an average of 4
hours per day for 2 months.
o An additional site representative will be provided
periodically at such times that both projects have
simultaneous needs for an observer, It is estimated that this
will occur approximately 20% of the time both projects are
occurring concurrently. which 1s approximately 6 months or 180
calendar days.
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CMI Proposal
City of Laporte
6-8-90
Page 8 of 13
SECTION 2 - MISCELLANEOUS ENGINEERING SERVICES
2.1 GENERAL
Claunch & Miller, Inc. (CMI) will provide professional engineering
services to the City of La Porte on an "as needed" basis. The City
of La Porte will require services from CMI in connection with
various projects which the City of La Porte may implement.
At this point the full scope of the projects are unknown and the
full extent of CMI's involvement is unknown.
As these projects occur and the scopes of work are defined, the City
of La Porte desires to negotiate an engineering fee with CMI on a
project by project basis.
2.2 GENERAL SCOPE OF DESIGN SERVICES ASSOCIATED WITH THE MISCELLANEOUS
PROJECTS
o
Meet with
criteria
proj ect.
the
and
City officials and staff members to determine
acquire pertinent information regarding the
o Perform appropriate utility research.
o Provide subconsultants for surveying, geotechnical or other
disciplines which may be required.
o Evaluate the particular problems and any alternatives which
may be available.
o
Prepare preliminary cost
alternatives, if appropriate.
estimates
associated
with
o Provide professional engineering services by a qualified
engineer registered in the State of Texas.
o Coordinate with appropriate governmental agencies requiring
approvals of the particular project.
o Prepare appropriate design drawings and specifications.
o Prepare final construction cost estimate.
o Furnish the appropriate number of sets of documents to the
City of La Porte.
FROM CLAUNCH & MILLER. I Ne.
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06.20.1990 16:27
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NO. 4
P. 5
erU Proposal
City of Laporce
6.8-90
Page 9 of 13
2.3 GENERAL SCOPE OF CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED
WITH THE MISCELLANEOUS PROJECTS
o Assist the City of La Porte in obtaining bids for the
projects.
o During the bidding process. provide information to and answer
questions form potential bidders concerning the Project's
construction documents.
o Conduct a pre-bid conference, if required.
o Evaluate the bids and the qualifications of the apparent low
bidder and advise the City of La Porte as to the acceptability
of the apparent low b~dder.
o If authorized, act as the City's representative during the
construction phase.
o Review and respond to all submittals as required by the
Contract specifications.
o Review the Contractor's pay estimates. evaluate the completion
of work and make payment recommendations to the City of La
Porte.
o Conduct a final inspection in the company of the City of La
Porte. prior to final payment.
2.4 PROJECT DESIGNATION
o At such time that the City of La Porte is ready 'Co implement
CMI's design services for a particular project. the City of La
Porte will meet with CMI and fully describe the project.
CMI and the City of La Porte will determine what specific
design services are required,
o Upon determination of the specific design services required,
CMI will enter into negotiation with the City and submit a fee
proposal to the City of La Porte.
o Upon agreement of the fee for services the City of La Porte
will provide a notice to proceed to CMI,
o It is understood that any fee for engineering services
exceeding $5,000.00 is subject to council approval.
FROM CLRUHCH & MILLER, IHC.
1:16.20.1991:1 16:28
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P. 6
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eMI Propesal
City of Laporte
6-8-90
Page 10 of 13
FEE FOR SERVICES
FEE FOR SECTION 1 SERVICES
The fee for the services described in Section 1 of the Scop~ of Services
shall be the "Not-to-Exceed" amount of $91,900.00.
An estimated breakdown of the "Not-to-Exceed" cost is provided in
Attachment 1.
The fee shall be invoiced based on actual labor rate times a multiplier of
2.5 for home office staff and 2.09 for the field staff.
Reimbursable expenses will be charged at cost plus 10%.
In the event an outside consultant is utilized, his expense will be
charged at cost plus 5%.
Overtime for field personnel and hourly employees will be charged at 1.5
times normal rate. Overtime is defined as time over 40 hours within a one
week period (Sunday to Saturday),
Mileage will be charged at $0.25/mile. Commuter mileage by the on-site
representative will not be charged. Only mileage accumulated after
arrival on site at the beginning of the work day and prior to departure'
from site at completion of work day will be charged.
Reimbursable items will be:
o Mileage @ $.25/mile
o Reproduction:
Documents pertaining to the project
Special requests by client
Miscellaneous photo copies not pertaining to normal
duties and responsibilities
o Other Costs:
Film, film processing and videotape
Special safety gear which may be required
Special deliveries, federal express, courier services
Postage
Long Distance telephone calls pertaining to the project.
FROM CLRUNCH & MILLER. INC.
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06.20.1990 16:2S
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NO, 4
p. 7
CMI Proposal
City of La Porte
6-8-90
Page 11 of 13
FEE FOR SECTION 2 SERVICES
,The fee for these
scope is defined
negotiation. It
exc~eding $5,000.00
services shall be negotiated at such time the project
and the City of La Porte desires to enter into
is understood that any fee for engineering services
is subject to council approval.
CMI will submit a proposal in writing which, upon acceptance by the City
of La Porte, will be considered a contract amendment to this contract.
ADDITIONAL SERVICES
Additional services will only be performed upon the authorization of the
City of La Porte. Additional services will be invotced utilizing the same
multipliers presented in the previous sections.
An eight hour minimum will be charged, whenever an appearance is required
in court or for depositions to allow for appropriate preparation and
adjustment of schedule.
It is understood that CMI will qualify for compensation for additional
services in the event the construction projects described in Section 1 of
the Scope of Services are not completed by the Construction Contractor
within the anticipated time schedule. CMI will qualify for compensation
for additional services regardless of the City of La Porte's decision to
enforce liquidated damages upon the construction contractor.
If the construction contract extends beyond the designated contract time
(300 calendar days for the "E" Street Improvements and 180 calendar days
for the Fire Training Facility) whether through the fault of the
construction contractor or by weather or any other reason, then eMI will
continue services until the "Not to Exceed" figure is met. -Continued
services beyond the "Not-to~Exceed" figure will only be performed with the
City of La Porte's authorization and will be designated as Additional
Services.
It is understood that the design firm for the Fire Training Facility is
based in the Dallas, Texas area. Trips to their office are not
anticipated as part of the scope of services. In the event a trip to
their office is required, then all transportation and travel expenses will
be consdiered as additional services.
REDUCTION OF SERVICES
It is understood that the City of La Porte may desire to perform certain
items or portions of items in the scope of services themselves, either
through existing City personnel or additional City personnel.
FROM CLRUNCH & MILLER. INC.
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96.29.19ge 16:30
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NO. 4
p. 8
CMI Proposal
City of La Porte
6.8-90
Page 12 of 13
The City
eliminate
will give
elimination
of La Porte may elect to reduce the
certain items of the scope of services.
CMI seven days written notice of any
of items in the scope of services.
scope of services or
The City of La Porte
such reduction or
TERMINATION OF SERVTr.F.S
The obligation to provide services may be terminated by either the City of
La Porte or CMI upon seven days written nocice in the event of substantial
failure by the other party'to perform in accordance with the terms of the
agreement through no fault of the terminating party.
INVOICES
Invoices for services will be prepared monthly and payment is due within
thirty days of the invoice date.
Invoices ~ill be prepared utilizing actual hours expended, direct labor
rates with multipliers presented previously and reimbursable expenses.
Claunch & Miller; Inc. appreciates the opportunity to submit this proposal
and work with the City of La Porte.
Sincerely,
CLAUNCH & MILLER, INC.
~-Iv~ r: ~
Christopher E. Claunch, P.E.
President
CEC/kc
FROM CLAUNCH & MILLER. INC.
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06.20.1990 10>:31
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NO. 4
P. 9
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eMI Proposal
City of Laporte
6-8-90
Page 13 of 13
ATTACHMENT 1
ESTIMATED BREAKDOWN
OF
THE "NOT-TO-EXCEED" COST
DIRECT LABOR COSTS
Construction Site Staff:
Description
Estimated Estimated Estima-c:ed
Hours Labor Rate Cost
1,887 $15.00 $28,305.00
Estimated Estimated Estimated
Hours Labor Rate Cost
Description
On-Site Representative
Home Office Staff:
Pro,1ect Manager
Project Engineer
Clerical
124
397
226
921.15
~18.27
$12.02
$ 2,622.60
$ 7,253.19
$ 2.716.52
$12,592.31
$40,897.31
1;OTAL DIRECT:
INDIRECT COSTS (MULTIPLIER INCLUDES 10% FIXED FEE)
Construction Site Staff:
Home Office Staff:
2.09 x $28.305.00 -
2.50 x $12,592.31 ~
$59,157.45
$31.480.78
$90,638.23
TOtAL DIRECT AND INDIRiCT FER COST:
REIMBURSABLE EXPENSES
Transportation: 2,200 miles @ $.25jmile -
Reproduction: _
Film Purchase. Processing and Videotape
Special Deliveries. Courier services,
Postage and Misc. Project Expenses:
$ 550,00
$ 250.00
$ 250.00
TOTAL "NOT-IO-EXCEED- FEE:
$ 211.77
$ 1.261. 77
$91.900,00