Primary Department: Purchasing
Primary Department Head/Elected Official: Paige McInnis
Secondary Department: County Engineer
Secondary Department Head/Elected Official: Milton Rahman
Regular or Supplemental RCA: Regular RCA
Type of Request: Contract - Award
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): Lee Construction and Maintenance Company d/b/a LMC Corporation
MWBE Contracted Goal (if applicable):
MWBE Current Participation (if applicable):
Justification for 0% MWBE Participation Goal: N/A - Goal not applicable to request
Grant Indirect Costs Rate (if applicable):
Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
title
Request that the County Judge execute a settlement agreement with Lee Construction and Maintenance Company d/b/a LMC Corporation in the amount of $7,162,422 to provide full compensation of additional services for construction of the new District and Business Courts for the Office of the County Engineer.
end
Background and Discussion:
Requesting for approval a Settlement Agreement (“Agreement”) executed by and between Harris County (the “County”) and Lee Construction and Maintenance Company d/b/a LMC Corporation (“Contractor”) for additional services provided in the amount of $7,162,422.29, for building four new district courts on the 13th floor of the CJC located at 1201 Franklin Street Houston Texas 77002.
On or about October 9, 2018, the County and the Contractor entered into an Agreement (the “Master Agreement”) to provide job order contracting for small and large construction and/or construction related projects for the County (the “Services”). To extend time for performance and increase funding, the Parties amended the Master Agreement at least two times.
Under the Master Agreement (Job No. 18/0179), the County issued a Purchase Order on February 2, 2024, for an amount of $4,999,638.12. The Purchase Order was for renovation of “ANNEX 65- 1201 FRANKLIN 13TH FLOOR” covered “LABOR EXPENSE FOR BUILDING FOUR NEW COURTS ON THE 13TH FLOOR” (the “Project”).
Contractor states that from July 1, 2024, to November 1, 2024, Contractor provided $7,162,422.29 of additional Services on the Project (the “Dispute”). Subject to this Settlement Agreement being signed and approved by both Parties, the County is willing to pay the Contractor for the additional amount of $7,162,422.29 for Contractor’s Services on this Project.
Expected Impact:
By LMC providing these additional services, it has allowed the district courts to open and operate using these new courts in the timely manner allotted to OCE to complete the project.
Alternative Options:
N/A
County Strategic Plan Goal: 1. Make Harris County safer and more just.
County Strategic Plan Objective: B: Reduce criminal legal system exposure that does not advance public safety.
Justice/Safety Initiative (Goal 1): E3: Decrease time to disposition by implementing case workflow improvements in line with recommendations from the National Center for State Courts.
Infrastructure Initiative (Goal 2): H4: Consistently embed sustainability considerations in the project planning and design process.
Economy Initiative (Goal 3): N/A
Health Initiative (Goal 4): N/A
Climate/Resilience Initiative (Goal 5): T2: Make County buildings more energy efficient.
Housing Initiative (Goal 6): N/A
Additional notes related to the Strategic Plan:
Prior Court Action (if any):
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Date |
Agenda Item # |
Action Taken |
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6/4/24 |
456 |
Additional funds |
Location: N/A
Address (if applicable): N/A
Precinct(s): Choose an item.
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Fiscal and Personnel Summary |
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Service Name |
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Current Fiscal Year Cost |
Annual Fiscal Cost |
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Labor |
Non-Labor |
Total |
Recurring Expenses |
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Funding Sources |
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Existing Budget |
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Commercial Paper 3249 03580048 720001 DISTRICT_CRT RENOPH2 PID01 |
$ |
$7,162,422.29 |
$7,162,422.29 |
$ |
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Choose an item. |
$ |
$ |
$ |
$ |
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$ |
$ |
$ |
$ |
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Total Existing Budget |
$ |
$7,162,422.29 |
$7,162,422.29 |
$ |
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Additional Budget Request (Requires Fiscal Review Request Form) |
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Choose an item. |
$ |
$ |
$ |
$ |
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Choose an item. |
$ |
$ |
$ |
$ |
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$ |
$ |
$ |
$ |
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Total Additional Budget Request |
$ |
$ |
$ |
$ |
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Total Funding Sources |
$ |
$7,162,422.29 |
$7,162,422.29 |
$ |
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Grants - Proposed Budget (To be filled out by Grants staff only) |
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Labor |
Non-Labor |
Total |
No. of Grant Years |
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Local Match Source - Existing Budget: Choose an item. |
$ |
$ |
$ |
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Local Match Source - Additional Budget Request: Choose an item. |
$ |
$ |
$ |
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Grant Funds Applied for/Awarded (Total) |
$ |
$ |
$ |
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Personnel (Fill out section only if requesting new PCNs) |
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Current Position Count for Service |
- |
- |
- |
- |
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Additional Positions Request |
- |
- |
- |
- |
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Total Personnel |
- |
- |
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- |
Anticipated Court Date: 1/23/2025
Anticipated Implementation Date (if different from Court date): Click or tap to enter a date.
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
Contact(s) name, title, department: Chief Samuel Pena, Chief of Building Operations Services, OCE
Ross Hosket, Director Building Operations Services, OCE Shannon Thoftne, Manager, Building Operations Services, OCE, Nancy Garcia, HC Purchasing
Attachments (if applicable): Letter, Agreement