HomeMy WebLinkAboutO-2006-2952
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 23, 2006
Requested By. ~ "",...
Department: Public Works
Appropriation
Source of Funds:o Fund 04~
045-9892-936-1100
Account Number: 045-9892-937-1100
Amount Budgeted: $450,000
Exhibits: Ordinance
Amount Requested: $64,010
Exhibits: En"dneerine Contract
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte has selected the firm of Claunch and Miller, Inc. to design the rehabilitation of Lift
Station No.8, located in Creekmont, and Lift Station No. 32, located on Underwood Road. The Project is
the second round of five (5) lift station rehabilitation projects planned in the next few years. Claunch &
Miller has performed professional engineering services for the rehabilitation of two (2) previous lift
station projects (L.S. No.9 and L.S. No. 40). The Agreement with the Engineer is as follows:
Design Engineering Phase
Total $47,100,
Coustructiou Phase (~~ )~ f~e) (/j1
Total $16,910 1 y
TOTAL ENGINEERING
$64.010
Action Required bv Council: Approve Ordinance authorizing the City Manager to execute an
agreement with Claunch and Miller, Inc. to provide professional engineering services for rehabilitation of
Lift Station No.8 and Lift Station No. 32 in the amount of$64,01O.
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Date
ORDINANCE NO. 2006- ~q5;)-'
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND CLAUNCH & MILLER, INC., TO PROVIDE ENGINEERING
SERVICES FOR THE REHABILITATION OF LIFT STATION NO. 8 AND LIFT
STATION NO. 32, APPROPRIATING THE SUM NOT TO EXCEED $64.010.00, 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
ci ty 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 $64,010.00 from city of La Porte utility Capital Improvement
Fund (Fund 045), 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 POR-"r&".
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Alton E. Porter
Mayor
ATTEST:
'dJit1t:lL/l ~.dII
Martha A. Gillet.
City Secretary
o::a zJ
Knox W. Askins
City Attorney
APPROVED:
2
AGREEMENT FOR SERVICES
This Agreement entered into as of the d91t1 day of De{' ,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 construction administration services associated with the construction of
the proposed Lift Station #8 and #32 Rehabilitation (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.
3. Access to Facilities - Client will provide access for the Consultant to enter the property
and facilities of Client, as necessary for Consultant to perform services as required under the
Project.
4. Instruments of Service - All documents prepared in accordance with this contract
including exhibits, field notes, laboratory data, original drawings, and specifications are the
property of the Client. The Consultant is given the right to use any of this data in connection with
future engineering projects. The Consultant may retain copies or reproducibles of any information
prepared for this Project.
5. Determination of Fees - The fees for the scope of services as stated in Attachment "A"
provided by Consultant under this agreement will be based on a Not-To-Exceed Amount of
$64,010 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:
Design Engineering Phase: $47,100
Construction Phase Services: $16,910
Total Project: $64,010
7. Terms of Payment - Payment of fees as determined under Paragraph 5 herein above
shall be due and payable by Client within thirty (30) days following receipt of Consultant's monthly
InVOIce.
8. Additional Services - Additional services beyond those described in the Scope of
Services will be invoiced on the basis of direct labor cost times a factor of 3.05 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. Governing Law - This Agreement shall be deemed to have been made under, and shall
be construed and interpreted in accordance with the laws of the State of Texas. The venue of any
suit for enforcement or construction 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 I 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 I s notice and thereafter as often as they reasonably
deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the
senior executives, the parties shall endeavor to settle the dispute by mediation under the
Construction Industry Mediation Rules of the American Arbitration Association.
If the matter has not been resolved pursuant to the aforesaid mediation procedure within
ninety days of the commencement of such procedure, (which period may be extended by mutual
agreement), or if either party will not participate in such procedure, the controversy shall be settled
by arbitration in accordance with American Arbitration Association Construction Industry
Arbitration Rules by a sole arbitrator. The arbitration shall be governed by the United States
Arbitration Act, 9 U.S.C & 1-16, and judgment upon award rendered by the Arbitrator may be
entered by any court having jurisdiction thereof. The place of arbitration shall be Harris County.
The arbitrator is not empowered to award damages in excess of actual damages, including punitive
damages.
ENTERED INTO AND AGREED by the parties hereto as the day and year first
written.
ATTEST:
CLAUNCH & MILLER, INC.
Consultant
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BY: ~i-~ t WL
CHRISTOPHER E. CLAUNCH, P.E.
President
CIlY OF LA PORTE, TEXAS
Client
ATTEST:
CIlY OF LA PORTE, TEXAS
Client./' ,/
BY: ~cJ~
CITY ATTORNEY
fJ1~fl/
CIlY SECRETARY
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CLAUNCH & MILLER, INC.
Engineering Consultants
EXHIBIT "A"
September 22, 2006
Mr. Steve Gillett
Director of Public Works
City of La Porte
2963 23rd Street
La Porte, Texas 77571
Re: Proposal for Engineering and Construction Phase Services
For Wastewater Lift Stations #8 and #32 Rehabilitation
Dear Mr. Gillett:
Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for performing engineering and
construction phase services for the above referenced project. The proposal is based on our
understanding of the project provided in the Manning Preliminary Evaluation and our site visit
on September 15th. The tasks include engineering design services and construction phase
services for the rehabilitation of Lift Station No. 8 and Lift Station No. 32. For your
convenience this proposal consists of General Overview, Scope of Services, and Schedule.
GENERAL OVERVIEW
Based on information and data provided by the previously developed Manning investigation and
our field visit, Lift Station No. 8(L.S.#8) receives flow from the Creekmont Subdivision and
commercial development along Myrtle Creek, Underwood and Spencer Highway. We
understand that there are approximately 508 existing equivalent connections, an average daily
flow of approximately 177,800 gpd and a peak flow of approximately 494 gpm. Ultimate build-
out of the service area will provide approximately 618 equivalent connections, an average daily
flow of approximately 216,300 gpd, and a peak flow of approximately 601 gpm.
Lift Station No. 32(L.S.#32) is located on Underwood Road and receives flow from Spenwick
Subdivision and the commercial areas along Underwood and Spencer Highway. L.S.#32 also
receives flow from Lift Station No. 33. The lift station serves approximately 394 equivalent
connections currently with average daily flows of 137,900 gpd and a peak flow rate of
approximately 383 gpm. Future growth in the area will ultimately increase connections to 512
equivalent connections with average daily flows of approximately 179,200 gpd and a peak flow
of approximately 498 gpm.
These lift stations are currently wet welll dry well type stations with Gorman Rupp suction lift
pumps. We understand the City desires to rehabilitate the existing lift stations by removing the
existing mechanical equipment, backfilling the existing dry wells, and installing new
submersible pumps and associated mechanical equipment. The electrical controls and control
Page 1 of7
4635 Southwest Freeway, Suite 1000 · Houston, Texas 77027-7169 · 713-622-9264 · Fax 713-622-9265
panel will be replaced. The wet well tops will be replaced and modified with sealed hatches.
Our assumption at this time is that the rehabilitation can be performed. If during the design
process we uncover factors that will require a complete reconstruction of the lift station, a
proposal will be provided for services associated with the change in project scope.
The wet well walls were briefly examined during the site visit and indicated light to moderate
deterioration of the wet well walls, however the walls are dirty and blast cleaning during the
rehabilitation process will provide additional information as to the wet well wall condition and
the need for grouting prior to applying any spray on coatings.
The control panel will require replacement as well as all controls and electrical components.
SCADA and remote alarm or information controls are not a part of this project.
From preliminary information supplied in the Manning report, it appears that there will be
sufficient depth to allow for acceptable pump cycle time and operation and at the same time
maintain adequate water levels over the submersible pump volutes. Run times and pump level
settings will be determined with the selection of the pumps during the design phase.
Access to L.S.#8 is provided by a newly constructed concrete driveway from King Williams
Drive with a concrete turn around near to the lift station. Additional site work and paving will be
required for access to the station and to improve site drainage and maintenance requirements.
L.S.#32 is accessed from a driveway from Underwood Road which appears adequate and
additional significant site work and paving is not anticipated.
The City has budgeted $225,000 and $200,000 for the construction cost and engineering for the
rehabilitation of lift stations No.8 and 32 respectively. These budgets appear adequate based on
our previous experience with similar projects and will be evaluated and updated as the project
progresses.
This proposal addresses the engineering services that CMI will provide the City of La Porte
during the Design and Construction Phases. CMI will utilize an electrical subconsultant for the
electrical components and control system designs. Since it is anticipated that all work will be
confined to the existing station, no surveyor geotechnical work is included for this project.
SCOPE OF SERVICES
I. DESIGN ENGINEERING PHASE
A. Perform field reconnaissance and partial survey of the site and immediate vicinity to
obtain information on surface features and any other information that would impact
construction. A detailed topographic survey will not be performed. A geotechnical
evaluation will not be performed.
B. Research and gather existing relevant data on the project such as existing utility
information.
Page 2 of7
C. Obtain estimated population and land use data for the project area from the City.
D. Obtain estimated flow information data for the proposed development from the City.
E. Determine the service area for the lift station and anticipated flow rates in coordination
with the City.
F. Coordinate with the City of La Porte and apprise the City ofCMI's findings and analysis,
and obtain input from the City.
G. Prepare project specifications, drawings, bid documents and construction drawings based
on the anticipated improvements.
H. The lift station rehabilitation design shall include the site plan, demolition, bypass
pumping, mechanical and piping details, structural details, site work, and electricallcontrol
systems. No SCADA is part of this project nor are any remote alarm or information
processes. CMI will endeavor to apprise the City of La Porte of the anticipated construction
cost as the project progresses.
I. Prepare final cost estimate for the proj ect.
J. Complete coordination with other governmental entities or utility agencies in regard to the
project. Assist the City in obtaining and/or securing approvals required by all governmental
authorities with jurisdiction over the design and/or the operation of the project and all public
and private utilities including pipeline transmission companies affected by this project. This
assistance will involve the usual expected coordination and approval process. When the
process involves work beyond the expected, such as special submittals, designs, appearances
at special meetings, coordination of utility/pipeline excavation efforts, permitting
applications, etc., such work would be considered under the Additional Services portion of
this proposal
K. Coordinate with the City of La Porte during the final design process and provide draft
documents for the City to review and comment upon. Incorporate appropriate comments with
the final bid documents.
L. Coordinate with Texas Commission on Environmental Quality (TCEQ) during the design
phase. Furnish necessary documentation to TCEQ for their review and approval.
M. Incorporate appropriate comments into the final bid documents.
N. Furnish five (5) sets of construction documents to the City.
Page 3 of7
II. CONSTRUCTION PHASE SERVICES
This phase will be entered into after the acceptance of the Design Phase documents by the
City of La Porte.
Bid Phase Services
A. Assist the City in obtaining bids for the project. The City of La Porte will advertise the
project and will absorb all related advertising costs. CMI will coordinate with the City
and will assist in developing the wording of the advertisement.
B. Dispense construction documents from CMI's office to potential bidders.
C. During the bidding process, provide information to and answer questions from potential
bidders concerning the Project's construction documents and prepare addendums as
necessary.
D. No pre-bid conference is included in this scope.
E. Evaluate the bids and the qualifications of the apparent low bidders and advise the City
as to the acceptability of the apparent low bidder.
Construction Administrative Services
A. Act as the City's Project Representative during the construction phase.
B. Review and respond accordingly to all submittals as required by the contract
specifications.
C. Prepare change orders necessitated by field conditions.
D. Review the contractor's pay estimates, evaluate the completion of work, and make
payment recommendations to the City.
E. Visit the site at 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. Full time site representation is not included as part of the
Construction Administration tasks.
Page 4 of7
F. Claunch & Miller, Inc. (CMI) will not be responsible for the means, methods,
techniques, sequences or procedures of construction selected by 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. During site visits and on the basis
of on-site observations CMI shall keep the City informed of the progress of the work,
shall endeavor to guard the City against defects and deficiencies in such work and may
disapprove or reject work failing to conform to the Contract Documents.
G. Conduct a final inspection of the Project and make a recommendation for Final Payment
on the Proj ect.
III. ADDITIONAL SERVICES
Additional services are those services that are beyond the services provided for in the scope
portion of this proposal. The following are items which are included but not limited as
items to be considered additional services. These items will only be provided when
authorized by the City.
A. Surveying (boundary, topographical and any other survey where a licensed survey is
required).
B. Right-of-way research, deed research, and abstracting.
C. Site Easement and Right of Way Acquisition work such as: preparation of metes and
bounds; verification of ownership of property; preparation and submitttal of title
report or title commitment; initial contact with property owner(s) to gain right-of-
way entry in order to conduct field surveys and geotechnical testing.
D. Geotechnical Investigations
E. Environmental Site Assessment
F. Traffic Control Planning and Design
G. Storm Water Pollution Prevention Plan (SWPPP)
H. Printing of Final Plans, Specifications, and Reports beyond those copIes to be
provided to the client as noted in the scope of services. Cost of plans and
specifications ,and bid documents for use by potential bidders will be charged to the
potential bidder and not to the City.
Page 5 of7
1. Extra Construction Phase Services in the event the project extends beyond its
designated contract period. (If required)
J. Other miscellaneous tasks that the City of La Porte desires CMI to perform.
K. Assist the City as an expert witness or factual witness in any legal proceedings or
litigation arising from the development, permitting or construction of the Project.
L. Assist the City in making arrangements for the work to proceed in the event that the
construction contractor is declared in default for any reason.
M. Prepare supporting data and other services in connection with change orders in the
event the scope of services is changed or modified.
N. Services and costs associated with any special efforts or studies involving this
project such as State Revolving Fund applications, reports, trips to Austin, or
associated work.
O. Assist the City in securing any special licenses or permits (USACOE, etc.) which
may be required for the completion of the project, it being understood by the parties
of this agreement that the fees for said special licenses and permits will be paid by
the City.
P. Provide any other services related to the project not otherwise indicated in the Scope
of Services and not customarily furnished in accordance with generally accepted
engineering practices.
Q. Re-packaging of bid documents to provide multi-bid packages and/or rebidding the
project.
R. The provision of the construction site representation and associated supervision and
administration and associated costs.
S. Preparing the bid document so that it can be bid in two packages with two contracts.
T. Conducting and attending a pre bid conference.
Page 6 of7
IV. FEE
The fee is separated into: Design Phase, and Construction Phase. Any Additional Services
requested by the City will be invoiced and paid for at the direct cost plus 10% and CMI labor
costs at raw labor cost times a factor of 3.05. Such tasks and costs will only be performed upon
authorization from the City.
DESIGN ENGINEERING PHASE
Design Phase Services:
Electrical Subconsultant:
The lump sum cost of:
The cost plus 10% cost of:
$ 38,300.00
$ 8,800.00
Total of Design Engineering phase: $ 47,100.00
CONSTRUCTION PHASE SERVICES
Bid Phase Services:
Construction Administration services:
Electrical Subconsultant cost:
The lump sum cost of:
The lump sum cost of:
The cost plus 10% cost of:
$ 3,430.00
$11,100.00
$ 2,380.00
Total of Construction Phase:
$ 16,910.00
Total Fees associated with the above described scope of work is:
$ 64,010.00
Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and we look forward
to working with the City of La Porte on this very important project. Our project manager for this
project will be James E. Thompson, P.E. and he can be reached at the number below if you have
questions or need further information.
Sincerely,
CLAUNCH & MILLER, INC.
lA~cGt,- J ~
Christopher E. Claunch, P.E.
President
Page 7 of7
10/4/2006 - 2:57 PM
Claunch & Miller, Inc.
City of La Porte Lift Station #8 AND #32 Rehabilitation
Total 8 68 20 180 94 56
Rates $ 201.50 $ 135.00 $ 135.00 $ 90.00 $ 65.00 $ 45.00
Total Labor Costs $ 1,612 $ 9,180 $ 2,700 $ 16,200 $ 6,110 $ 2,520
Direct costs
Electrical Consultant
Proiect exoenses 1 $850.00 $ 850.00
$ -
ITotal Direct costs
1$
850.00 I
IITotal Labor & Direct Cost
$
39,172.00
LS 8&32 schedulemanhours.xls
eM FIRM:
Project Name:
PROJECT NO.
CONSTRUCTION PHASE SERVICES
Y CONTRACT
ASSIGNMENT
PROJECT DURA liON
CNSTRUCTION PHASE SERVICES
PROJECT MANAGER
DESIGN ENGINEERfTECH
CONSTRUCTION MANAGER
ADMINISTRATIVE ASSISTANT
EXPENSES
TOTAL CM&llABOR COSTS
COSTS
TOTAL CMI LABOR AND COST
CONSTRUCTION CONTRACT PRICE
% OF CONTRUCTION COST
CLAUNCH AND MILLER
City of La Porte. Lift Station #8 and 32 Rehabilitation
GFS NO.
STRAIGHT TIME
PROJECT PROJECT CONSTRUCTION ADMINISTRATIVE
MANAGER DESIGN ENGNR MANAGER ASSISTANT
45,00 30.00 40.00 15.00
3.05 3.05 3.05 3.05
137.25 91.50 122.00 45.75
NO NO NO NO
131.25 91.50 122.00 57.50
$14,530.00
$0.00
$14,530.00
$350,000.00
4.15%