Loading...
HomeMy WebLinkAboutResolution - 2004-R0172 - Contract For Repair Of Pump Station - Brown-Mckee - 04_06_2004Resolution No. 2004—RO172 April 6, 2004 Item No. 26A RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for repair of Pump Station #10, pump supply lines and ratifying work performed to date, by and between the City of Lubbock and Brown -McKee of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this ATTEST: Reb cca Garza, City Secretary 6th day of A 1 , 2004. MARC MCDOUGAL, MAYOR APPROVED AS TO CONTENT: (I ', L R LL'\ -c- ,-, Anita Burgess, Acting Assistant City Manager APPROVED AS TO FORM: Amy L sis y Attorney gs/ccdocs/res-Contract-BrownMcKeelnc April 2, 2004 Resolution No. 2004-RO172 April 6, 2004 Item No. 26A STATE OF TEXAS COUNTY OF LUBBOCK COST PLUS FIXED PERCENTAGES CONTRACT 1. Date. This contract is entered into and effective from the 31 st day of March, 2004. 2. Parties. This contract is between the CITY OF LUBBOCK (hereinafter "OWNER") and BROWN-MCKEE, INC., a corporation organized under the laws of Texas, with its principal place of business in Lubbock, Texas (hereafter "CONTRACTOR"). 3. Construction. The CONTRACTOR, for the cost plus fixed percentage consideration stated in paragraph 4, agrees to perform as an independent CONTRACTOR, at the OWNER'S location at Pump Station #10 located at 82"d St. and Memphis Ave. Lubbock, TX, the construction or maintenance work, or both, as directed by the OWNER or his duly authorized agent, or as stated in the attached `Scope of Work'. CONTRACTOR agrees to furnish the materials, labor (skilled and non -skilled), construction equipment, tools, supplies, supervision and services for completion of the contract work. 4. Consideration. OWNER agrees to pay to CONTRACTOR (on the time schedule stated in paragraph 5), for the performance of contract work as directed, CONTRACTOR'S costs plus the fixed percentage of costs for overhead and profit, as identified below: (a) Labor Costs: OWNER agrees to pay to CONTRACTOR the labor costs including labor burden costs plus 15% of said costs for overhead and profit. (b) Construction Tool and Equipment Costs: OWNER agrees to pay to CONTRACTOR the job costs for use by CONTRACTOR of tools and equipment (whether owned or rented), plus 15% of said costs for overhead and profit. Included within the job costs, will be small tools and expendable costs to be charged to the job at the rate of $0.80 per payroll hour. The term "small tools" is defined as a tool whose costs is less than $500.00. Expendables include (but are not limited to) carbon welding rods, soapstone, strikers, and gas, oil and maintenance for welding equipment. Equipment required for construction that is not available from CONTRACTOR'S owned equipment may be rented by CONTRACTOR from a reasonably available source at prevailing rates, with costs to be charged to the job at those rates (together with the said fixed percentages). CONTRACTOR is expressly permitted to rent said equipment from any wholly owned subsidiary of CONTRACTOR, if its rates are equal to or below the prevailing rates of other suppliers. City of Lubbock Pump Station #10 Rehab 1 4/2/04 (c) Sub -Contracts and Other Charges: OWNER agrees to pay CONTRACTOR all sub -contractor costs as billed to CONTRACTOR by any sub -contractor and other job related special charges plus 15 % of said sub -contractor costs for overhead and profit. (d) Materials: OWNER agrees to pay to CONTRACTOR the costs of all materials plus 15 % of said costs for overhead and profit. Materials include, but are not limited to, lumber, concrete, steel, flushing liquids, pipe, valves, and stainless steel welding rods. Major purchases of machinery, process equipment and other similar items may be made by the OWNER under separate purchase orders or contracts, of if the OWNER desire these items to be furnished by CONTRACTOR, such major items shall be furnished under a separate agreement between the OWNER and the CONTRACTOR. 5. Payment. (a) Contractor may bill OWNER either periodically or at the end of the construction. If CONTRACTOR elects periodic payments, the period shall be monthly (hereafter the "pay period"). The CONTRACTOR shall promptly submit to the OWNER a pay estimate of all costs incurred during the pay period, together with fixed percentages permitted by this contract. The OWNER shall pay said estimate for a pay period within fifteen (15) days after receipt. (b) The OWNER shall have 30 days after receipt in which to examine each pay estimate and to request further information (which the CONTRACTOR shall promptly furnish) or object to the said pay estimate, but the OWNER shall not be permitted to delay payment, the requirement for payment within fifteen (15) days being absolute. If the OWNER objects to all or any part of said pay estimate, then the objection shall promptly be resolved by the CONTRACTOR and OWNER. If the OWNER fails to object to a pay estimate, then the OWNER waives any objection he might have after thirty (30) days, mathematical error and intentional deceit being the only exceptions. (c) All payments shall be paid in the City of Lubbock, Lubbock County, Texas, at the principal office of the CONTRACTOR. (d) If the OWNER fails to timely pay a pay estimate, interferes with CONTRACTOR'S work or fails to resolve any agreement over costs after objecting within thirty 30 days after receipt of a pay estimate, the CONTRACTOR may terminate this Contract. The OWNER shall remain obligated to pay CONTRACTOR for all cost incurred plus the fixed percentages through the date of termination and the time necessary for CONTRACTOR to remove from the job. City of Lubbock Pump Station 410 Rehab 2 4/2/04 6. Insurance. (a) CONTRACTOR agrees to maintain in effect the following schedule of insurance for all operations under this contract and agrees to provide the OWNER evidence of such coverage in the form of insurance certificates from the carriers issuing such coverage prior to the commencement of work. (i) "Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any Termination of Worker's Compensation insurance coverage by contractor or any cancellation or nonrenewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." (ii) Employer's Liability Insurance with limits of at least $500,000.00 Each Accident for Bodily Injury by Accident and $500,000.00 Each Employee for Bodily Injury by Disease and $500,000.00 Policy Limit for Bodily Injury by Disease. (iii) General Liability Insurance, including Contractual Liability and Products - Completed Operation Liability and Explosion, Collapse and Underground Damage Liability, as well as on all Contractor's equipment (other than motor vehicles licensed for highway use) owned, hired or used in the performance of the work hereunder, with limits of not less than $1,000,000 Each Occurrence and $2,000,000 General Aggregate. The General Aggregate Limit shall apply separately to each project. Such insurance shall contain an endorsement to name Owner as additional insured. Contractor shall maintain general liability insurance coverage for itself and each additional insured for the duration of the project and maintain Completed Operations coverage for itself and each additional insured for at least three years after completion of the work. (iv) Automobile Liability Insurance, including contractual liability, covering all motor vehicles owned, leased, hired or non-o0wned used in performance of the work hereunder, with limits of not less than Combined single limit of $1,000,000 each accident. Such insurance shall contain an endorsement to name Owner as additional insured.. "Contractor shall provide to the City proof of the above -described insurance and each policy shall contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance." This cost of paragraph 6. (a) Insurance, however, shall be included as a part of the Labor Burden as provided in paragraph 4.(d). 7. Warranty. CONTRACTOR agrees and warrants that all equipment and material incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects workmanship, at no cost to the Owner (City of Lubbock). City of Lubbock Pump Station # 10 Rehab 3 4/2/04 8. Protection of the Work: CONTRACTOR shall be responsible for the care and preservation of the existing facilities in it's current condition -and all means of construction and cost of repair or replacement of damaged materials shall be at Contractor's expense. 9. Completeness of Contract: No representation nor agreement, except those stated in this contract as written or as amended in writing, shall be in any way binding on either of the parties; the parties also agree that no representations and promises have been made except for the representations and promises stated in writing in this Contract. No amendment, modifications or alteration of this Contract shall be effective or binding unless stated in writing and executed by both parties. EXECUTED by the OWNER and CONTRACTOR on the 31' day of March, 2004. By: Mike P. Oles - Presidftsft BROWN-McKEE,JKC. City of Lubbock ATTEST: Rebe ca Garza, City Secretary AP OVED%AS TO CONTENT: L l Anita Burgess Acting Assistant City Manager APPROVED AS TO FORM: Amy . Sim�;`A ant ttorney MAYOR City of Lubbock Pump Station #10 Rehab 4 4/2/04 Resolution No. 2004-RO172 Scope of Work Project: Pump Station 410 Rehabilitation Brown -McKee, Inc. proposes to furnish all supervision , labor, materials, construction equipment, transportation and all required insurance to provide the following list of items for a guaranteed maximum not to exceed price of-----------------------------$50,000.00 1. At the pump floor elevation saw cut, demolish and remove from site a 10' wide x 50' long x 6" thick reinforced concrete slab. 2. Prior to removing the 6" slab in item 1: remove electrical wiring from conduits feeding the pumps and salvage for reuse. This will enable us to saw cut thru the conduits without damaging the wire. If the wire is too brittle to reuse or re -pull thru the new conduits then new wire shall be provided by the Owner for the Contractor to re -pull. 3. Below the concrete floor, remove earth or lean concrete fill down to an elevation that will allow access to the (4) slip joints in question. 4. Not knowing what condition the (4) slip joints are in, we exclude any repairs or modifications to the slip joint or any of the pipe fittings or pumps. However, once we have uncovered them and the owner has made a determination as to the proper fix, then we can offer a price to make the repairs. 5. After the repairs to the pipe have been completed we will then form, place and finish the slab to its original condition and dimensions. Included with the slab replacement will be new conduit, reinforcing, waterstop as necessary, all to meet the standards of the original installation. 6. After the concrete is in place re -pull the original wire back to the pumps and make final connection. If new wire is required it shall be provided by owner. In the event the maximum not to exceed price of $50,000.00 is not reached then the difference shall be reimbursed to the owner in the form of a credit change order. Brown -McKee, Inc. Mike P. Oles President City of Lubbock Pump Station #10 Rehab 5 4/2/04 Resolution No. 2004—R0172 Page 1 of 2 REQUEST FOR EXEMPTION FROM LOCAL GOUT CODE 252 (For Expenditures Over $3,000) Name of Managing Director Submitting Request: Sherry Stephens Division: Public Works Department: Water Provide a detailed description of item(s) or service(s) exempt from the Texas Local Government Code per §252.022 and an explanation why the items(s) or service(s) are necessary. Explain what the items are, how the items will be used, who will use the items, when and where the items will be used. This is to hire Brown McKee, Inc to disconnect and pull existing wiring from conduit located in the slab for the 2 existinq pumps, to cut a section out of the existing pump station floor and remove the concrete and conduit. Dig down a maximum of 2 ft. to expose the top of the existing 66" line and the 36" bell and spigot connection. Fill with embedment rock or flowable fill to a point equal to bottom of existing floor slab. Repair electrical conduit and pull and re-conect pumps. Install % " smooth dowels at 12" and place water seal at exposed edges of concrete. New slab shall be 3000 lb concrete at 28 days and re -enforced with #3 rebar placed 9 '/2 " O.C.E.W. 2. Statutory exemption for (Circle one or more if applicable): (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality; (In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. Attach Emergency Purchase Explanation Form PUR-075 to this request.) (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; (Attach Emergency Purchase Explanation Form PUR-075 to this request.) 9(3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property; (4) a procurement for personal or professional services; (5) a procurement for work that is performed and paid for by the day as work progresses; (6) a purchase of land or a right-of-way; (7) a procurement of items that are available from only one source, including; (Attach Sole Source Justification Form PUR-070. Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. Please allow up to 45 days to process Sole Source Justification.) (A) Items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; (B) Films, manuscripts, or books; (C) Electricity, gas, water, and other utility services; (D) Captive replacement parts or components for equipment, (E) Books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; (F) Management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; (8) a purchase of rare books, papers, and other library materials for a public library, (9) paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; (10) a public improvement project, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; PUR-010 (Rev 6/02) 20)O Zf - V I)I %- Page 2 of 2 (11) a payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; (12) personal property sold. - (A) at an auction by a state licensed auctioneer, (B) at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; (C) by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or (D) under an intedocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; (13) services performed by blind or severely disabled persons; (14) goods purchased by a municipality for subsequent retail sale by the municipality; or (15) electricity. 3. Factual justification for request (Give a brief summary why this request falls within one or more of the exceptions circled in paragraph 2 above.): A by-pass line was installed at Pump Station 410 to alleviate pressure and water availability concerns to southwest Lubbock while the reservoir is constructed. This bypass line will allow for the continued operation of Pump Station #10 during the reservoir construction through the summer months. While the by-pass line was pressure tested, the existing; 36"x66" connections failed causing damage to the pump supply line and pump station foundation. This damage has rendered the pump station inoperable. It is imperative the pipe and foundation are repaired quickly because the City of Lubbock is entering into the high water use season. Additionally, Pump Station 47 is scheduled to be out of service in 6-8 weeks due to pipeline construction for the Marsha Sharp Freeway. Having both pump stations out of service could cause a public safety issue. Brown -McKee is currently on -site and could address the repairs quickly and cost effectively. REQUISITION #: 24627 REQUISITION AMOUNT: $ cost + 15% not to exceed $50,000.00 Approval must be obtained from the Fleet Services Manager when the purchase includes rolling stock (e.g., autos, trucks, off -road equipment, farm equipment, trailers, utility/service bodies, etc.). Signature of Fleet Services Manager Date Approval must be obtained from the Manager of Information Technology when the purchase includes any computer systems, computer hardware, computer software, or computer peripherals. Signature of Manager of Information Technology Date RECO NDED AND SUBMITTED BY: Signature of Managing Director Dat EXEMPTIOIN-.APPROYED AND AUTHORIZED BY: of Date 2- 16 Date PUR-010 (Rev 6/02)