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HomeMy WebLinkAbout11-10-08 Special Called Meeting of the La Porte Development Corporation Board of Directors 2 MINUTES OF THE SPECIAL CALLED MEETING OF THE LA PORTE DEVELOPMENT CORPORATION BOARD OF DIRECTORS NOVEMBER 10, 2008 1. Call to order President Pat Muston called the meeting to order at 5:00 p.m. Members Present: Muston, Clausen, Matuszak, Moser, Love, Beasley and Engelken Members/Officers Absent: None Staff Present: City Manager Ron Bottoms, Assistant City Manager John Joerns, Director of Finance Michael Dolby, City Secretary Martha Gillett, and Assistant City Attorney Clark Askins. Others Present: Barbara Norwine, Barb Fernandez, Maggie Anderson, Katherine Aguilar, David Janda and Debora Westbeld. 2. Consider approval of the September 22, 2008 minutes of the Special Called Regular Meeting of the La Porte Development Corporation Board, October 6, 2008 minutes of the Special Called Regular Meeting of the La Porte Development Board and the October 27, 2008 minutes of the Special Called Regular Meeting of the La Porte Development Corporation Board - M. Gillett A motion was made by Board Member Engelken to approve the September 22, 2008, October 6, 2008 and October 27, 2008 minutes of the La Porte Development Corporation Board. The motion was seconded by Board Member Clausen. The motion carried. Ayes: Muston, Clausen, Matuszak, Moser, Love, Beasley and Engelken Nays: None Abstain: None Absent: None 3. Receive update on the Town Plaza Project- R. Bottoms City Manager Ron Bottoms provided an update on the Town Plaza Project. He informed the board construction should begin in February 2009. The underground storage tanks will be removed prior to that time. In addition, Mr. Bottoms noted Reagan McPhail will be assisting him in the construction inspection of the project. 4. Executive Session- pursuant to provision of the Open Meetings Law. Chapter 551 Texas Government Code, Sections 551-071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation, personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation, deliberation regarding Economic Development Negotiations). A. Section 551.074 (Personnel Matter) Meet with City Manager to interview candidate for Economic Development Coordinator Position The Board Adjourned to Executive Session at 5:11 p.m. ~) La Porte Development Corp. Board 2 The Board reconvened to Special Called Meeting at 5:39 p.m. There was no action taken in the Executive Session. 5. Announcements! Administrative Reports - R. Bottoms 6. Board Comments There were no comments from the Board members. 7. There being no further business to discuss, the La Porte Development Corporation Board adjourned the Special Called Regular Meeting at 5:40 p.m. Respectfully submitted, ~~ Martha Gillett, City Secretary TRMC, CMC day of December 2008. 3 LA PORTE DEVELOPMENT CORPORATION AGENDA ITEM Agenda Date Requested: December 1.2008 ADDroDriation Requested By: .John .Joerniil Source of Funds: 4B Department: 4.ssidaat City Maaager Account Number: Report: Resolution: Ordinance: Amount Budgeted: $325,000 Exhibits: Professional Services Agreement with Attachment B-4 and C Amount Requested: $88,034 Budgeted Item: YES NO Exhibits: Attachment A - ScoDe of Services Exhibits Exhibits A-I and A-2 SUMMARY & RECOMMENDATION We have negotiated a contract for professional service with Knudson and Associates for the Gateway Project at West Main and SH146. The major components of the scope of work are design of the gateway towers and lighting, landscaping and irrigation, ornamental iron fencing and brick columns, the parking lot design, and fa9ade demolition and design. The design is based on the conceptual design reviewed and approved by City Council on August 18, 2008. Also note that there is an anticipated contribution of$88,000 from Economic Alliance Port Region. The current estimate for construction is $486,950. The professional design service is based on time and materials, not to exceed $58,434, without further authorization. This is approximately 12% of the estimated construction cost. The agreement also includes a termination for convenience and budget reviews at 30%,60% and 100% submittals. The estimated professional services, additional services (sitelbuilding feasibility), and reimbursables are as follows: . Professional Services $58,434 . Investigative/F easibility 12,500 (drainage & building) . Reimbursables . Geotechnical 5,600 . Other 3.000 $79,534 The surveying could either be acquired through Knudson or furnished by the City and is estimated at $8,500. fblJ~ !il6 Date Knudson # 0080990 081125 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (Agreement) is made this Pi' day of December, 2008, between Knudson, LP, a Texas Limited Partnership (Knudson) and the La Porte Development Corporation (Client). In consideration of the mutual promises set forth herein, the parties agree as follows: SCOPE OF SERVICES / SCHEDULES AND DELIVERABLES Knudson will provide professional consulting services for the (Project), more fully described in the Scope of Services, Schedule and Deliverables attached hereto and made a part of this Agreement (Attachment A). GENERAL TERMS AND CONDITIONS BILLING AND PAYMENT Knudson will invoice monthly in accordance with the A TT ACHMENT B-1 - HOURL Y RATE BASIS OF COMPENSATION. The Client hereby agrees to pay upon receipt of such invoice. A service charge of one and a half (1 12) percent per month will be charged on all balances remaining unpaid beyond thirty (30) days following receipt of invoice. In the event any portion of an invoice remains unpaid forty five (45) days after the invoice date, the Client agrees to pay the entire unpaid amount plus any and all actual and reasonable costs incurred to collect the outstanding balance, including collection costs and attorney fees. Knudson may stop all work (Stop Work Order) if the Client fails to pay invoices within forty five (45) days after Client's receipt of invoice. In order for Knudson to proceed with any further service or release any work product, Client will need to pay the entire balance on the Project in order to lift the Stop Work Order. It will also be necessary for Client to pay Knudson an additional fee for costs incurred by Knudson in mobilizing to complete the work. ADDITIONAL SERVICES Knudson will initiate regulatory reviews at the 60% and 90% stages of the Construction Documents Phase. Knudson will use best efforts to assist the Client to obtain approvals from regulatory authorities and necessary permits; however, Knudson does not guarantee or warrant approval by regulatory authorities or that all permits will be approved. Should changes be required to the Construction Documents after acceptance by the City in order to obtain the approvals or permits, this will be considered additional services and Knudson will be reimbursed by the Client for additional time or services required in connection therewith. After acceptance of the 60% Construction Documents, if the Client make changes to the Project Scope or Schedule resulting in additional work required of Knudson, these changes will be considered additional services for which Knudson will be reimbursed by the Client. TERMINATION This Agreement may be terminated at any time by Knudson or Client should the other party fail to perform any material obligations hereunder, or by the Client for its convenience, by giving thirty (30) days written notice of such termination by registered or certified mail or 10f7 Knudson # 0080990 081125 nationally/regionally recognized overnight courier or delivery service to the either party's principal place of business. Upon receipt of Termination Notice, Knudson will immediately stop work and incur no further charges or expenses related to this Agreement. If this Agreement is terminated, Knudson shall be paid in accordance with the provisions of this Agreement for all work performed up to the date of termination, all reimbursable expenses, as well as other reasonable costs and expenses incurred by Knudson related to the termination. ACCESS TO THE SITE Unless otherwise stated, and to the extent within Client's control, Knudson will have access to the Project site for activities necessary for the performance of the services. UNKNOWN CONDITIONS AND HAZARDOUS MATERIALS Knudson shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials of any form. Should Hazardous materials, unknown or hidden conditions be discovered on the site, the schedule may be affected and additional costs may be incurred by Knudson. These costs will be reimbursed by the Client, and any necessary adjustments in the schedule resulting therefrom will be approved by the Client. INDEMNIFICATIONS Each party agrees to indemnify and hold harmless the other and all of the other party's personnel, employees and agents from and against any and all claims, damages, losses and expenses (including reasonable attorneys fees) arising out of or from the performance of the services, to the extent that any such claims, damage, loss or expense is caused in whole or in part by the negligent act or omission or strict liability of the indemnifying party, anyone directly or indirectly employed by the that party (except Knudson, in the case such party is Client) or anyone for whose acts any of them may be liable. Knudson will perform its services in a manner consistent with the usual and customary level of care and skill ordinarily exercised by other professional consultants providing similar services in locations and similar circumstances at the time the Services are performed. The above indemnification shall include any claim, damage or losses due to the presence of hazardous materials. LIMITS OF LIABILITY In recognition of the relative risks, rewards, and benefits of the project to both the Client and Knudson, the Client hereby agrees that the risks shall be allocated so that, to the fullest extent permitted by law, Knudson's total liability to the Client, for any and all claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the total amount of Twenty- Thousand dollars ($20,000), or the amount of the Knudson's fee, whichever is greater. Such causes include, but are not limited to, Knudson's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. DISPUTE RESOLUTION The parties to this Agreement 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. 20f7 Knudson # 0080990 081125 The disputing party shall give the other party written notice of the dispute via certified mail, or nationally recognized commercial delivery service. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice 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 executives shall meet at a mutually acceptable time and place within twenty calendar 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 Center for Public Resources Model Procedure for Mediation of Business Disputes, or pursue amicable termination of this Agreement. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), of if either party will not participate in such procedure, the parties shall pursue amicable termination. FORCE MAJEURE The term force majeure as used herein shall mean an unforeseen event, occurrence beyond the control and without the fault or negligence of a party including, but not limited to: earthquake, weather, flood, fire, explosion, malicious mischief, insurrection, riot, labor strike, lockouts, boycott, acts of a public enemy, war, compliance with any order or directive of any governmental agency. To the extent that a party's performance under this Agreement is rendered impossible or impracticable due to force majeure, that party shall be relieved of any further obligation under this Agreement except as to obligations incurred prior to the force majeure event which by their nature survive termination, including payment and indemnity obligations hereunder. OWNERSHIP OF DOCUMENTS All documents produced by the Knudson under this Agreement shall remain the property of Knudson as evidence of service and may not be used by the Client for any endeavor without the written consent of the Knudson prior to payment of all outstanding invoices. After payment of all outstanding invoices, ownership of all documents transfers to the Client as work for hire. Electronic documents prepared by Knudson as part of the scope of work will be supplied in a read only format. No modification, manipulation or use of these electronic documents is allowed without the express written approval of Knudson. Any modification, manipulation or use of these documents by the owner, whether approved by Knudson or not, is the responsibility of the owner. Knudson assumes no responsibility for documents modified or manipulated by anyone other than Knudson. Knudson assumes no responsibility for the accuracy of data supplied by others but used by Knudson in the preparation of any document required by the scope of work. Knudson retains ownership and all copyrights of these documents in a format which can be modified. Once all Knudson invoices are paid, ownership in a (one) read only version of each document will be transferred to the owner, if requested. Knudson is not responsible for supplying software, licensees or hardware which the owner made need to read the electronic version of any 30f7 Knudson # 0080990 081125 documents supplied as part of the scope of services. The owner will obtain all software, licensees and hardware to view the documents at its own expense. ENTIRE AGREEMENT This Agreement and any attachments or exhibits hereto represent the entire Agreement between Knudson and Client. There are no prior unwritten, oral, or other agreements between the parties regarding this matter. This Agreement may be amended or modified only with the approval of both Knudson and Client. CLIENT CONTACT INFORMATION The Client contact, primary business location, address of Client is: John Joerns Assistant City Manager City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 The Client's phone number is: 281.470.5012 The Client's e-mail address is: joernsj@laportetx.gov The Clients Project Name is: La Porte - Architectural Gateway These shall be used by Knudson for all contract correspondence and invoices. Should any of the Clients contact information change Client will notify Knudson of the new contact information. KNUDSON CONTACT INFORMATION Knudson primary business location and address is 8588 Katy Freeway, Suite 441, Houston, Texas 77024. The Knudson Phone Number is 713-463-8200 and contact person for this contract IS: Jad Molander, P.E - Chief Operating Officer (CONTINUED ON FOLLOWING PAGE) 40f7 Knudson it 008()()90 081125 ACCEPTANCE When executed by both parties this Agreement shall evidence the entire agreement between Knudson and Client. This document is being executed in two (2) counterpart originals with attachments, each of which has the full force and effect of an original. AGREED AND ACCEPTED THIS r>f' DAY OF DECEMBER., 2008 CLIENT Typed Name Jarl W. Molander, P.E. Chief Operating Officer Title CLIENT Signatm-e Typed Name Title This Agreement includes Attachments A, B-1, and C, which are hereby incorporated into this Agreement as jfwritten directly herein. Sof? Knudson # 0080990 081125 ACCEPTANCE When executed by both parties this Agreement shall evidence the entire agreement between Knudson and Client. This document is being executed in two (2) counterpart originals with attachments, each of which has the full force and effect of an original. AGREED AND ACCEPTED THIS ~ DAY OF DECEMBER, 2008 l~f{~ ~AT MUSToN Typed Name KNUDSON, LP By: Signature Jar! W. Molander, P.E. Chief Operating Officer PRE:sJlJGA./T, J--A PO({iE Ocl/ELOfJJ-1Ftf/'..... Title COflfof'-A,IOIll 130/11< D CLIENT Signature Typed Name Title This Agreement includes Attachments A, B-1, and C, which are hereby incorporated into this Agreement as if written directly herein. 50f7 Knudson # 0080990 081125 ATT ACHMENT B-1 HOURLY RATE BASIS OF COMPENSATION LABOR COSTS The Client agrees to pay Knudson for labor costs on an hourly basis in accordance with Attachment C- Fee Schedule. REIMBURSABLE EXPENSES The Client agrees to pay Knudson for all reimbursable expenses incurred by Knudson while providing services in accordance with Attachment A. Reimbursable expenses include, but are not limited to: internal and commercial printing, internal and commercial plotting of drawings and exhibits, internal and commercial copying, courier and delivery services, postage, long distance calls, art supply fee, and vehicle mileage. SUBCONTRACTOR AND CONSULTANT COSTS The Client shall pay Knudson for all subcontractor and consultant costs. These costs shall be reimbursed in accordance with Attachment C. ADDITIONAL SERVICES Knudson shall be reimbursed for additional services in accordance with Attachment C. 60f7 "ATTACHMENT C" Billing Rates December 2008 labor bv Staff Classification Billina Rate President / COO $ 290 Senior Vice President or Deoartment Director $ 220 Vice President, Senior Proiect Manaaer or Proaram Manager $ 175 Project Manager $ 150 Proiect Administrator $ 135 Senior Financial Analvst $ 140 Financial Analyst $ 115 Development Specialist $ 80 Senior Landscape Architect $ 150 Landscape Architect III $ 125 Landscape Architect II $ 110 Landscape Architect I $ 85 Senior Planner $ 125 Planner III $ 90 Planner II $ 80 Planner I $ 70 Senior GIS Specialist $ 135 GIS Specialist $ 105 GIS Technician $ 70 Principal Environmental Specialist (aeneral consultation) $ 200 Environmental Specialist I $ 110 Environmental Specialist II $ 125 Environmental Tech $ 85 Construction Manaaer / Admin $ 175 Construction Site Representative $ 120 Senior Administrative Support / Accountina $ 135 Administrative Support / Accountina II $ 100 Administrative Suooort / Accountina I $ 70 Reimbursable EXDense Billine Rate Subcontracted Work ( selected by KA) Cost + 10% Subcontracted Work ( selected bv Client) Cost + 15% Computer Usage (minimum of 17% of labor hours) $12/hour Local Travel IRS Standard Rate Non-Labor Expenses Cost + 15% GPS Receiver $125/day(minimum) All Terrain Vehicle $125/day(minimum) In house paper copies ( Black & White) $0.50/oaae In house paper copies ( Color) $1.50/oaae In house plottina $14.00/SF Art Supplies (as a percentaae of labor invoiced) 1.8% 70f7 Knudson # 0080990 081125 ~. ~..j Knudson # 0080990 "ATTACHMENT A" KNUDSON, LP SCOPE OF SERVICES LA PORTE - ARCHITECTURAL GATEWAY CITY OF LA PORTE November 25, 2008 The following is a summary of Landscape Architectural Design services and deliverables to be provided by Knudson, LP for the development of the La Porte - Architectural Gateway, located in La Porte, Texas. This Scope of Services and the Basis of Compensation are based on the attached conceptual site plan, labeled "Exhibit A-1" and design perspective, labeled "Exhibit A-2", which includes the following: · Landscape planting design and construction details · Landscape irrigation design and construction details · Site urban design and construction details: Pedestrian paving Outdoor furniture specification Ornamental iron fencing Ornamental brick columns · Site urban design and architectural gateway lighting design · Architectural gateway 'icon' design and construction details · Architectural gateway 'icon' structural pier design and construction details · Parking lot re-alignment and paving · Parking lot drainage design and grading · Building modifications: Construct a higher parapet wall Fayade improvements - doors and windows Possible roofing improvements Possible electrical improvements Possible integration of Gateway Monument into building structure Please note that the "Allevwav" behind the buildina is not within this ScoDe. I. Project Initiation a. Knudson will conduct an initial project design team meeting with the City and sub-consultants to confirm the design program, project schedule and general design requirements. This includes a tour of the project area to familiarize all team members with key design and engineering concerns. b. Collection and creation of project base files (base maps) from the Survey provided by the City. II. Site Engineering Feasibility a. Drainage i. Investigate existing storm drainage facilities and their capacities to determine possibility of lowering parking lot to reduce flooding of building from parking lot. ii. Contact and meet with TxDOT officials to see what requirements they have for connecting to their drainage system along SH 146. Page 1 of 4 November 25, 2008 Knudson # 0080990 b. Water & Sewer i. Investigate existing water and sanitary sewer systems to confirm that both water and sanitary sewer systems have capacity for a restaurant operation. c. Rights of Way and Easements i. Confirm limits and stipulations of existing rights-of-way and easements, if applicable. d. Engineering Feasibility Report i. Provide a brief narrative, with exhibits as found appropriate, identifying key site design and development issues that may affect the Scope of work. III. Building Engineering Feasibility a. Structural i. Investigate existing building wall and roof system to determine if existing structure can support addition to parapet wall. ii. Investigate existing building wall and roof system to determine if new monument can be integrated into existing structure, or if the new monument must be free standing. b. Electrical i. Investigate existing building wall to see if there are circuits that will be affected by modifications to the wall structure. ii. Determine if exterior improvements will cause Electrical Code upgrades. c. Engineering Feasibility Report i. Provide a brief narrative, with exhibits as appropriate, identifying key building condition and construction issues that may affect the Scope of Work. IV. Construction Document Phase - 30%, 60% and 90% Submittals a. Based on the approved Conceptual Design that was presented to the Economic Alliance and City of La Porte officials on 08.18.08, Knudson will prepare Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for construction of the project and will show the location, configuration and characteristics of the proposed site features as follows: i. Site Improvements 1. Demolition Plan 2. Site Plan 3. Storm Water Protection Plan 4. Planting Plan: showing planting locations, quantities and recommended plant species 5. Irrigation plan: showing main line routing, head layout, valves, pipe size and irrigation controller location 6. Paving plan for pedestrian and vehicular areas, including paving layout and material selection 7. Parking lot grading and drainage design 8. Architectural gateway design, accent material selection and construction detailing Page 2 of 4 November 25, 2008 Knudson # 0080990 9. Landscape and architectural gateway lighting layout and fixture selection 10. Specifications - CSI format 11. Estimate of Probable Construction Cost 12. Design and Engineering Fee Budget Status ii. Building Modifications 1. Demolition Plan 2. Structural Modifications 3. Fayade Improvements 4. Roof Improvements 5. Specifications 6. Estimate of Probable Construction Cost 7. Design and Engineering Fee Budget Status b. Knudson will participate in coordination meetings with the Civil Engineer, Architect, Structural Engineer and Electrical Engineer to coordinate parking lot grading and drainage, structural pier design, as well as improvements to the building. c. Knudson will attend the following Construction Document progress review meetings with the City of La Porte: i. 30% Completion - 1 meeting ii. 60% Completion - 1 meeting iii. 90% Completion - 1 meeting V. Bidding and Contract Phase a. Knudson will provide the following Professional Services during the Bidding and Contract Phase: i. If required, assist with pre-qualification of bidders ii. Assist City with processing of bidder inquiries and issuing addenda iii. Assist City with evaluation of bids b. Attend pre-bid and bid opening meetings c. Provide recommendation for award of construction contract. VI. Construction Administration Phase Services a. Attend the Pre-Construction Meeting b. Review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data, Samples, and Request for Information, but only for the limited purpose of checking for conformance expressed in the Construction Documents. c. Attend one Construction Progress Meeting per month to observe construction for general conformance with the Construction Documents and to assist the City in review of the Contractor's pay application. VII. Basis of Compensation a. Knudson, LP will provide the Project Initiation and Engineering Investigations described above on an Hourly Rate Basis, with "Not To Exceed" limits as follows: i. Project Initiation ii. Site Engineering Feasibility iii. Building Engineering Feasibilitv Subtotal $ 2,500.00 $ 7,500.00 $ 3,500.00 $12,500.00 Page 3 of4 November 25, 2008 Knudson # 0080990 b. Knudson will provide Construction Document Phase, Bid Phase and Construction Phase Services on an hourly rate basis, not to exceed $58,434.00 without additional authorization by Client. This fee basis assumes a single construction contract for all site and building improvements and a construction schedule of four (4) months. c. Invoices will be issued monthly to reflect work performed to date VIII. Reimbursable Expenses a. Reimbursable Expenses include vehicle mileage to and from meetings, plotting, printing, courier and delivery services and are estimated to be $3,000.00. b. Reimbursable Expenses also includes the geotechnical investigation which is currently budgeted at $5,600.00 c. City of La Porte will provide a topographic and site survey for use by Knudson, in an electronic format that is compatible with AutoCAD 2006, and in levels acceptable to Knudson. If Knudson provides the topographic survey, it will be provided as a Reimbursable Expense with a budget allowance of $8,500.00 d. Reimbursable Expenses are not included in the professional design fees. e. Reimbursable Expenses will be paid for at cost times a 1.10 multiplier. IX. Clarifications and Exclusions a. Meetings/presentations with City of La Porte, or with others than those described in the above, will be provided as additional services on an hourly rate basis. b. The design and engineering of off-site water, sanitary sewer, storm drainage or electrical systems is not included in this Scope and will be provided upon request as an Additional Service. c. The irrigation system will operate and use water from the City of La Porte municipal water system. d. Application and preparation of documents for variances is not included in this Scope of Services. e. A traffic control plan and implementation will be provided as an Additional Service f. The drainage design for the proposed parking lot is to be determined based on the results of the engineering investigation g. All construction drawings will be prepared in AutoCAD 2006. h. Revisions to the approved 100% Construction Drawings, will be provided as an Additional Service. X. Proposed Schedule a. Project Initiation and Engineering Feasibility b. Construction Documents c. Bid and Contracting Phase d. Construction Phase TOTAL 6 Weeks 10 Weeks 8 Weeks 16 Weeks 40 Weeks Page 4 of 4 November 25, 2008 ~ N , 4. ~ ..J 10 .,.I :r j ~