HomeMy WebLinkAboutO-2006-2950
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
~06
Appropriation
Requested By: S. Gillett
Source of Funds:
Fund 047
Department:
Public Works
Account Number: 047-9892-938-1100
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: $360,000.00
Exhibits:
Ordinance
Amount Requested:
$358,348.00
Exhibits:
Professional Services Agreement
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDA nON
Phase 1 Wastewater Treatment Plant Improvements (solids handling improvements) were completed in 2002. The
Study recommended the replacement of existing aeration equipment (funded under a separate Project) and begin the
design ofa new treatment aeration train to increase the capacity of the plant to 5.5 MGD. Phase II of the
Wastewater Treatment Plant Improvements included the examination and possible improvements to the aeration
process of the Plant.
The firm ofPBS&J, Inc. was selected to perform the Study for Phase II Improvements at the Plant at a cost of
$58,090. Subsequently, PBS&J was authorized by Council on October 24,2004 to perform a Preliminary
Engineering Report (PER) at a cost of$99,125. The PER established the final scope of work for final design,
examined various aeration alternatives and recommended the most cost-effective alternative, and provided a detailed
cost estimate for consideration ofa future debt issue. Total estimated cost for the Project is $6,000,000.
In anticipation of the issuance of debt, the FY 2006-2007 CIP allocated $360,000 for fmal design of the proposed
improvements. PBS&J has submitted a proposal to provide professional engineering services for final design and
construction-phase services. The Professional Services Agreement (attached) outlines the scope of services and the
cost. Costs associated with design are as follows.
Final Design Phase
PrequalifIcationlBidding Phase
Total Design
$329,803
12.465
$342,268
$ 11,230
4,850
$ 16,080
Survey
Geotechnical
Total Additional Services
Total Design Phase Services
$358,348
Estimated Construction-Phase Services total $72,480 - estimated Construction Inspection Services total $57,270.
These cost for these services will be finalized and brought back to City Council for approval when funding is
available for the actual construction of the Project.
Action Reauired bv Council: Approve an Ordinance authorizing the City Manager to execute a Professional
Service Agreement with PBS&J to perform Final Design for the Little Cedar Bayou Wastewater Treatment Plant in
an amount of$358,348.00.
A
enda
)0/;,106
Date ( (
ORDINANCE NO. 2006 _ fJI.q5'D
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND PBS&J, INC., TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES TO FINAL DESIGN FOR PHASE II IMPROVEMENTS AT
THE LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT, APPROPRIATING
THE SUM NOT TO EXCEED $358,348.00, 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, a copy of which is on file in the office
of the City Secretary. 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 $358,348.00 from the City of La Porte CIP Fund 047, Project
No. GEN938, 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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 23rd day of October, 2006.
By:
CITY OF LA PORTE
Q~y~~
Alton E. Porter
Mayor
ATTEST:
l-i!1diil!:- {/, Ad
ar ha . Gillett
city Secretary
APPROVED:
~T~
CI'ark T. Askins
City Attorney
2
Rev. 10/00
Public Client
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT, made and entered into September 29,2006 , by and between Post, Buckley, Schuh & Jernigan, Inc.
(PBS&J) and the Client identified herein, provides for the Professional Services described under Item 2 of this
Agreement.
CLIENT:
ADDRESS:
City of La Porte
PHONE NUMBER: (281) 471-9650
FAX NUMBER: (281) 470-5129
CONTACT PERSON: Mr. Steve Gillett
604 West Fairmont Parkway
La Porte. Texas 77572
PROJECT NUMBER:
SHORT TITLE: Little Cedar Bayou WWTP
1. DESCRIPTION OF PROJECT SITE:
City of I a Porte'!,: I ittle Cedar Bayou Wa!':tewater Treatment Plant
2. SCOPE OF SERVICES TO BE PROVIDED BY PBS&J
(If additional pages are necessary, they are identified as Attachment A):
Provide Phase I . Basic Desion Phase professional engineerino services as described in Attachment A.
3. THE COMPENSATION TO BE PAID PBS&J for providing the requested services shall be
(If additional pages are necessary, they are identified as Attachment B):
Direct personnel expense plus a surcharge of
%, plus reimbursable costs.*
o
o A Lump-Sum charge of $ 358,348.00
o
o
II, I'ltlS etlt ef I'sakal 8)(l'a".88.*
Unit CostlTime Charges identified in Attachment B, plus reimbursable costs.*
Other - See Attachment B.
* See explanation under Item 5 below.
4. IF PBS&J's SERVICES UNDER THIS AGREEMENT ARE DELAYED for reasons beyond
PBS&J's control, the time of performance shall be adjusted appropriately. Except where the
services provided are under a continuous service contract for more than one year, if the services
under this Agreement are delayed for a period of more than one (1) year from the beginning date
(as above provided), the fees shall be subject to renegotiation; any change in such fees shall
apply only to the unfinished services as of the effective date of such change.
IN WITNESS WHEREOF, this Agreement is accepted on the date written above and subject to the terms and conditions set
forth above. (SIGN WITH BALL POINT PEN)
CLIENT:
SIGNED:
TYPED NAME:
TITLE: Interim Cit
DATE:~
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
SIGNED: ~ ...-- - ~
TITLE:
DATE:
Robert T. McCarty
Sr. Program Mgr.lAssoc. Vice President
161~()\o
TYPED NAME:
Distribution: Copy 1 - PBS&J; Copy 2 - Client; Copy 3 - PBS&J Accounting
Public Client Rev. 10/00
5. COMPENSATION: Direct personnel expense shall be defined as: the cost of salaries and fringe benefrt costs related to vacation, holiday, and sick leave pay; contributions
for Social Security, Workers' Compensation Insurance, retirement benefrts, and medical and insurance benefits; unemployment and payroll taxes; and other allowed benefits
of those employees directly engaged in the perfonnance of the requested service.
Reimbursable costs include: fees of Professional Associates (whose expertise Is required to complete the project) and out-of-pocket expenses, the cost of which shall be
charged at actual costs plus an administrative charge of 18% and shall be Itemized and included in the invoice.
Typical out-of-pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.), job-related mileage at the prevailing Company rate, long distance
telephone calls, courier, printing and reproduction costs, and survey supplies and materials. In the event the requested service involves the use of electronic measuring
equipment, computers, plotters, and other spectal equipment such as boats, swamp buggies, etc., an edditlonal direct charge shall be made for the use of this equipment.
It Is understood and agreed that PBS&J's services under this Agreement are limited to those described in Item 2 hereof (and Attachment A, if applicable) and do not Include
participation In or control over the operation of any aspect of the project. Compensation under this Agreement does not Include any amount for participating In or controlling
any such operation.
6. INVOICE PROCEDURES AND PAYMENT: PBS&J shall submit invoices to the Client for work accomplished during each calendar month. For services provided on a lump
Sum basis. the amount of each monthly Invoice shall be determined on the "percentage of completion method" whereby PBS&J will estimate the percentage of the total work
(provided on a lump Sum basis) accomplished during the invoicing period. Monthly invoices shall include, separately listed, any charges for services for which time charges
and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for PrOfessional Associates and reimbursable costs. Such Invoices shall be
submitted by PBS&J as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the client upon receipt.
The Client, as owner or authorizad agent for the owner, hereby agrees that payment as provided herein will be made for said work within 30 days from the date the invoice
for same is mailed to the Client at the eddress set out herein or is otherwise delivered, and, in default of such payment, hereby agrees to pay all costs of collection, Including
reasonable attomey's fees, regardless of whether legal action Is initiated. The Client hereby acknowledges that unpaid Invoices shall accrue interest at the maximum retailed
by law after they have been outstanding for over 30 days. PBS&J reserves the right to suspend all services on the Client's project without notice if an invoice remains unpaid
45 days after date of Invoice. This suspension shall remain in effect until ali unpaid invoices are paid in full.
It Is understood and agreed that PBS&J's services under this Agreement do not Include participation, whatsoever, in any litigation. Should such services be required, a
supplemental Agreement may be negotiated between the Client and PBS&J describing the services desired and providing a basis for compensation to PBS&J.
7, COST ESTIMATES: Client hereby acknowledges that PBS&J cannot warrant that any cost estimates provided by PBS&J will not vary from actual costs Incurred by the
Client.
8. LIMIT OF LIABiliTY: The limit of liability of PBS&J to the Client for any cause or combination of causes shall be, In total amount, limited to the fees paid under this
Agreement.
9. CONSTRUCTION SERVICES: If, under this Agreement, professional services are provided during the construction phase of the project, PBS&J shall not be responsible
for or have control over means, methods, techniques, sequences, or procedures, or for safety precautions and programs In connection with the Work; nor shall PBS&J be
responsible for the Contractor's failure to carry out the Work In accordance with the Contract Documents or for the Contractor's failure to comply with applicable laws,
ordinances, rules or regulations.
10. INSURANCE: PBS&J shall at all times carry Workers' Compensation insurance as required by statute; commercial general liability Insurance Including bodily Injury and
property damage; automobile liability coverage; and professionailiability coverage. Insurance certificates will be provided to the Client upon request. Client agrees to require
that PBS&J be named as an additional Insured on insurance coverages provided by contractors on the project.
11. ASSIGNMENT: Neither the Client nor PBS&J will assign or transfer its interest in this Agreement without the written consent of the other.
t2. SUSPENSION, TERMINA TION, CANCEllATION OR ABANDONMENT: In the event the project described in Attachment A, or the services of PBS&J called for under this
Agreement, is/are suspended, cancelled, terminated or abandoned by the Client, PBS&J shall be given seven (7) days prior written notice of such action and shall be
compensated for the professional services provided up to the date of suspension, termination, cancellation or abandonment In accordance with the provisions of this
Agreement for all work performed up to the date of suspension, termination, cancellation or abandonment, including reimbursable expenses.
t3. ENTIRETY OF AGREEMENT: This writing, including attachments and addenda, if any, embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No
alteration, change or modification of the terms of this Agreement shall be valid unless made In writing signed by both parties herato.
14. DOCUMENTS: Any reuse by the client or others of documents and plans that result from PBS&J's services under this agreement shall be at the Client's or others' sole risk
without liability to PBS&J.
15. WAIVER: Any failure by PBS&J to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and PBS&J may
subsequently require strict compliance at any time, notwithstanding any prior failure to do so,
16. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement or the breach thereof, the parties will attempt to settle the matter between themselves. If no
agreement can be reached the parties egree to use mediation with a mutually agreed upon mediator before resorting to a judicial forum. The cost of a third party mediator will
be shared equally by the parties. In the event of litigation, the prevailing party will ba entitled to reimbursement of ali reasonable costs and attorneys' fees. The parties
mutually agree that a similar dispute resolution clause will be contained In all other contracts executed by Client conceming or related to this contract and all subcontracts
executed by PBS&J.
17, HAZARDOUS WASTE, MATERIALS OR SUBSTANCES: Unless otherwise specifically provided In this Agreement, PBS&J shall not be responsible for or have control over
the discovery, presence, handling, removal, transport or disposal of hazardous waste, materials or substances in any form on the project site.
18. GOVERNING LAW: This Agreement shall be governed by and construed according to the laws of the State where the situs of the work is located.
19. LIMITED COPYRIGHT LICENSE: PBS&J grants Client a paid-up, non-transferable, non-exclusive license to make or have made copies of any copyrightable
materials delivered under this Agreement and specifically marked by PBS&J as "Reproduction Authorized".
20. INTEllECTUAL PROPERTY: With the sole exception of specifically marked reproducible materials subject to the Limited Copyright license herein, all worldwide right, mle
and interest in and to any and all Intellectual Property conceived, invented, authored or otherwise made by or on this Agreement shall remain the sole and exclusive property
of PBS&J, its successors and assigns unless licensed or assigned by PBS&J pursuant to a separate written Instrument. The term "Intellectual Property shall be construed
broadly to include all forms of intellectual property Including without limitation all invenllons, discoveries, designs, plans, improvements, trademarks, service marks and
copyrights In drawings, computer programs, architectural works and in all other original works of authorship.
ATTACHMENT-Scope of Services
ATTACHMENT B-Compensation
ADDENDA A (if required)
PBSJ
An employee-owned company
ATTACHMENT A
September 29,2006
Mr. Steve Gillett, Director of Public Works
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77572
RE: City of La Porte
Proposal for Little Cedar Bayou Wastewater Treatment Plant
1.0 MGD Phase 1 Expansion
Dear Mr. Gillett:
PBS&J is pleased to submit this proposal to the City of La Porte (City) for providing professional
engineering services in regard to the above-referenced project. In general, the project scope
consists of preparing plans, specifications and contract documents, permitting, and providing
construction related services for the expansion of the City of La Porte's Little Cedar Bayou
Wastewater Treatment Plant, 1.0 MGD Phase 1 Expansion, based on the recommendations
and provisions provided in the Preliminary Engineering Report prepared for the City of La Porte
by PBS&J and dated July, 2005.
The expansion shall include the following items:
A. Influent Lift Station Expansion
B. Headwork NO.1 Decommissioning
C. Headwork NO.2 Expansion
D. Proposed Activated Sludge Aeration Basin
E. Proposed Final Clarifier
F. Proposed Chlorine Contact Basin
G. Proposed RAS Pump Station
H.' Proposed Splitter Box
I. Proposed Electrical Service and SCADA
J. Proposed Eastern Property Drainage Pipeline
K. Proposed Interconnecting Piping
This proposal will also include design surveying services, geotechnical services, and limited
construction inspection services.
The PBS&J project team is prepared to provide engineering services immediately upon your
formal request.
Mr. Robert McCarty, P.E., DEE, will be the project manager. He will ensure all aspects from
design through permitting and construction will be given the highest attention. Mr. McCarty will
also be responsible for management of the schedules and budget, making sure that PBS&J
6504 Bridge Point Parkway' Suite 200' Austin, Texas 78730' Telephone 512.327.6840' Fax 512.327.2453' www.pbsj.com
Mr. Steve Gillett, City of La Porte
Proposal for Little Cedar Bayou WVVTP - 1.0 MGD Phase 1 Expansion
September 29, 2006
Page 2
progress tracks time restrictions and budget requirements. He will also be responsible for
subcontractor management.
SCOPE OF SERVICES
A. DESIGN PHASE SERVICES
1. Data Collection
PBS&J will review all available information and documents on the City's
wastewater treatment plant, including plans, specifications, maps, reports,
existing utility maps, and other records. PBS&J will also inspect the facilities with
the City's operator and engineer to evaluate the general condition and operation
of the facilities, and the City's preferred design parameters.
2. Deskm Enoineerino and Survevino
The design phase shall include preparation of detailed plans, specifications and
construction documents, initial application of local and state permits, and bid
phase services.
The scope of design phase services will also include design surveying services
consisting of identifying existing easements and rights-of-way (ROWs), providing
ground elevations, locating planimetric features and limits of roadways, and an
investigation of existing utility information necessary for design. Temporary
construction easements may be necessary. PBS&J will identify and provide
easement acquisition surveying which includes sketches and instruments for all
those temporary construction easements necessary to complete the construction.
Design phase services shall include geotechnical engineering to assist with
design recommendations for structures, pavement, foundation, and dewatering.
Design phase services shall include assisting the Owner with advertisement for
bids (the City will actually advertise the project), attending the pre-bid meeting,
preparing a pre-qualification document for bidders and evaluating pre-
qualifications for bidders, prepare and distribute to bidders any addenda, bid
opening meeting, distribute plans, specifications and contract documents to
bidders, and provide a recommendation of contract award.
PBS&J will be assisted by the following subcontractors:
· Structural Engineering - Stiver Engineering, Inc.
· Electrical Engineering - To Be Determined
· Geotechnical Engineering - Terracon Consultants, Inc.
The scope will establish any scope of any additional geotechnical investigation, if
necessary, or any special surveying not included in this proposal.
PBS&J will provide 5 (five) sets of plans, contract documents and specifications.
PBS&J will provide to the City upon request computer CAD files of the design
plans.
Mr. Steve Gillett, City of La Porte
Proposal for Little Cedar Bayou INWTP - 1.0 MGD Phase 1 Expansion
September 29, 2006
Page 3
B. PERMITTING
PBS&J will provide necessary information and plan revIsions to assist the City in
obtaining regulatory permits necessary to construct this project. Approvals anticipated
include the City of La Porte and Texas Commission on Environmental Quality (TCEQ).
C. CONSTRUCTION ADMINISTRATION SERVICE
Construction is anticipated to last 12 months.
The following is a description of the construction administration phase services which
PBS&J shall provide.
1. Shop DrawinQ Review
· Review and process submittals for structural, mechanical, electrical,
instrumentation and civil shop drawings.
· Review and process all test procedures, test reports.
· Review factory and on-site test reports.
· Review Operation and Maintenance Manuals.
2. Construction Administration Services
· Manage the Pre-construction Meeting.
· Manage monthly construction meetings with Contractor, Owner and Engineer
· Evaluate and process monthly pay estimates.
· Evaluate and assist with construction scheduling.
· Review for completeness with respect to the requirements of the Contract
Documents.
· Review and respond to all Requests for Information (RFls).
· Review and prepare any Change Orders.
· Interpretation of contract intended scope.
· Evaluate and approve any field changes.
· Preparation of As-built Drawings.
· Preparation of Contract Closeout Documents and Agency Closeout
Documents.
D. CONSTRUCTION INSPECTION AND CONSTRUCTION MEETINGS
In .an effort to limit our inspection scope, PBS&J will provide only a limited inspection
role, relying on the City forces for the day-to-day inspection.
The following is a description of the construction administration phase services which
PBS&J shall provide.
. PBS&J is planning to provide 12 hours a week for 52 weeks for inspection of
structural, mechanical, and electrical and instrumentation.
. Testing and start-up will require 2 visits, 2 people.
. Final Punch List preparation - 2 visits, 2 people.
. Final Inspection - 1 visit, 1 person.
Mr. Steve Gillett, City of La Porte
Proposal for Little Cedar Bayou WWTP - 1.0 MGD Phase 1 Expansion
September 29, 2006
Page 4
E. PROJECT MANAGEMENT
. Coordination and management of PBS&J project personnel, budget and schedule.
. Coordination with City staff; preparation of correspondence, meeting notes, progress
reports, etc.
. Quality assurance review by Technical Advisory Committee.
F. MEETINGS
PBS&J will meet with the City Council for approval of this proposal outside the scope of
chargeable meetings. PBS&J anticipates four (4) meetings with the Client or field site
visits. Meetings are anticipated to take eight (8) hours, including travel time. The
m~etings projected are as follows:
. Kick-off meeting/data acquisition/site visit with engineer and City staff.
. Staff review meeting.
. Pre-bid meeting with Bidders.
. Bid opening.
G. ADDITIONAL SERVICES
Additional services not included in the scope of services described above, but available
upon request, are as follows:
1. Full-time Residential Project Representative (RPR) services at the request of the
City.
2. The project will be designed such that the Contractor will be responsible for
construction staking. If the Contractor or City would like PBS&J to provide this
service, it can be provided under a separate proposal.
H. SCHEDULE
Upon acceptance of this proposal, PBS&J is prepared to begin this Scope of Services
immediately. The proposed schedule for this project will take approximately five (5)
months to prepare the draft plans and specifications for City review and, depending upon
the City's comments, should take approximately three additional weeks to provide the
final plans and specifications. Construction is anticipated to take twelve (12) months.
Mr. Steve Gillett. City of La Porte
Proposal for Little Cedar Bayou WWTP - 1.0 MGD Phase 1 Expansion
September 29,2006
Page 5
I. COMPENSATION
Compensation will be on a fixed fee basis. Attachment A provides a table of
compensation.
Thank you for your consideration of this proposal and for this opportunity to work with the City of
La Porte. Should you have any questions or desire additional information, please feel free to
contact me.
Sincerely,
?"(~
=-
~
Robert 1. McCarty. P.E.
Assoc. Vice President
JST/lah
K:IProjectslHi1\LaPorte - LCB WNTP ExpansionlProposal-LaPorte Little Cedar Bayou WNTP Expansion. Ph 1,City of LaPorte- Trainer-092806.doc