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HomeMy WebLinkAboutItem 07 - LibraryMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: ITEM I HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER MAY 2, 2000 AWARD OF MATERIALS TESTING CONTRACT — GRAPEVINE PUBLIC LIBRARY City Council consider awarding a materials testing contract for the Grapevine Public Library improvements to HBC Engineering, Inc. in the amount of $17,860, authorizing staff to execute said contract and take any necessary action. FUNDING SOURCE: BUDGET Planning/Design $ 615,000.00 8.8% Construction 4,784,547.00 68.7% Owner Direct Expenses 613,000.00 8.8% Furnishings and Signage 650,000.00 9.4% Contingency 273,030.35 3.9% Parking Lot and Lights 30,000.00 0.4% TOTAL $ 6,965,577.35 100.0% Library Building Account $ 14,750.35 Acct. No. 100-48840-313-1 99 GO Bonds 1,000,152.00 Acct. No. 177-48840-010-313 00 GO Bonds 2,875,000.00 01 GO Bonds 2,875,000.00 Unallocated GO Bond Int. 43,765.00 Future GO Bond Int. 126,910.00 Parking Lot and Lights 30,000.00 Acct. No. 115-43301-350-3 TOTAL $ 6,965,577.35 April 27, 2000 (11:21 AM) BACKGROUND: On April 18, 2000, the City Council awarded the construction contract for the Grapevine Public Library Expansion Project to T. W. Foster. Construction is anticipated to take approximately 15 months. It is anticipated that the Contractor will begin construction activities in mid-May. HBC Engineering, Inc. provided the Geotechnical Services for the design phase of this project. Since HBC Engineering was familiar with the project, a proposal for Material Testing was solicited from them. HBC Engineering, Inc is a reputable Environmental, Geotechnical and Construction Materials Services firm. We have utilized their services in the past. Staff recommends approval. RHP\JHL April 27, 2000 (11:21 AM) April 10, 2000 City of Grapevine 200 Main Street Grapevine, Texas 76099 Attn: Mr. Robert H. Price, P.E. Re: Public Library Expansion 1201 Municipal Way Grapevine, Texas HBC Proposal No. F20031 Dear Mr. Price: [to \G1-.NEERING. i -'\C. In accordance with your request, please find enclosed our Exhibit "A" budgetary estimate for construction materials testing and inspection services anticipated for the referenced project. Based on our understanding of the project and services provided to date, we have prepared a fee schedule and estimated budget, Exhibit "A", for construction materials testing and inspection services. The quantities used were based on our estimate of time and material quantities. Because the project may be completed in a more efficient manner than our estimate, the billing for our services would be based on actual services provided, and may vary from this estimate. Only those services requested and authorized will be provided and invoiced. This proposal may be accepted by executing both originals of the attached Agreement for Consulting Services and returning both executed copies along with this proposal to HBC. One fully executed copy will be returned to you for your files. This Proposal for Services and accompanying limitations shall constitute the exclusive terms and conditions and services to be performed for this project. We appreciate the opportunity to continue our relationship. Sincerely, HBC ENGINEERING, INC. Kemp E. Akeman, P.E. Operations Manager Attachments F20031 Houston Dallas ort Worh _313 W. Sam Houston Pkwy N Sy01 Carpenter Freeway 2301 E. Loop 820 North Suite 107 Suite 100 Flagstone & Loop 820 Houston. Texas 77043 Dallas, Texas 75247 Fort Worth. Texas 76118 (713)722-0700 214)630-1010 (817)268-8600 Fax(713)722-0788 Fax(214)630-7070 Fax(817)268-8602 Ausun 39 L Todd Lane Suite 312 Austin, Texas 78744 1512) 442-1122 Fax (5 12) -?42-1 181 A Banta 2470 SYindy Hill Road Suite -'00 Marietta. Georeta 30067 770)618-3055 Fax (770) 618-3015 EXHIBIT "A" HBC ENGINEERING, INC. PROPOSED FEE SCHEDULE Client: City of Grapevine Date: April 10, 2000 Attn: Mr. Robert H. Price, P.E. 2000 South Main Proposal No. F20031 Grapevine, Texas 76099 Project: Public Library Expansion 1201 Municipal Way Grapevine, Texas Unit Rate Quantity Total EARTHWORK Material sampling, hour 30.00 4 120.00 Atterberg limits (PI), each 35.00 4 140.00 M/D relationship (ASTM D698), each 120.00 4 480.00 Lime -soil gradations, each 17.50 0 - In-place density tests, each ' 26.50 120 3,180.00 Vehicle Trip Charge, per trip 15.00 28 420.00 * min. charge 3 tests per trip, max. charge 15 per day Subtotal $ 4,340.00 DRILLED PIERS Engineering technician, hour 33.00 60 1,980.00 Concrete test cylinders, each 12.50 24 300.00 Special trip to pickup cylinders, hour 30.00 4 120.00 Vehicle Trip Charge, per trip 15.00 8 120.00 Subtotal $ 2,520.00 CONCRETE Mix design review, each 50.00 2 100.00 Engineering technician, hour 30.00 135 4,050.00 Concrete test cylinders, each 12.50 320 4,000.00 Special trip to pickup cylinders, hpou 30.00 10 300.00 Vehicle Trip Charge, per trip 15.00 30 450.00 Subtotal $ 8,900.00 REINFORCING STEEL Engineering technician, hour 33.00 20 660.00 Vehicle Trip Charge, per trip 15.00 6 90.00 Subtotal $ 750.00 Page 1 of 3 EXHIBIT "A" NGINEERING, INC. PROPOSED FEE SCHEDULE Client: City of Grapevine Attn: Mr. Robert H. Price, P.E. 2000 South Main Grapevine, Texas 76099 Project: Public Library Expansion 1201 Municipal Way Grapevine, Texas STRUCTURAL CONNECTIONS Review of Shop Records, hour Field Connections Operations, hour Ultrasonic inspection, hour Vehicle Trip Charge, per trip Project Management Project Engineer, hour ESTIMATED TOTAL COST Date: April 10, 2000 Proposal No. F20031 Unit Rate Quantity Total 37.50 6 225.00 37.50 16 600.00 46.50 0 - 15.00 5 75.00 Subtotal $ 900.00 75.00 6 450.00 Subtotal 450.00 $ 17,860.00 Page 2 of 3 EXHIBIT "A" NGINEERING, INC. PROPOSED FEE SCHEDULE Client: City of Grapevine Date: April 10, 2000 Attn: Mr. Robert H. Price, P.E. 2000 South Main Proposal No. F20031 Grapevine, Texas 76099 Project: Public Library Expansion 1201 Municipal Way Grapevine, Texas Clarifications and Assumptions 1. The testing and inspection in this proposal estimate represents all the testing and inspection services to be provided on this project unless additional services are requested by the client. No other testing or inspection of any kind whatsoever is included in this proposal estimate. 2. We obtained estimated quantities from drawings prepared by the architect. 3. We have assumed six working days to complete the piers WITHOUT casing. 4. We have assumed in-place density tests at one per 5,000 sf for the building, one per 5,000 sf for paving, and one per 200 If for utility, grade beam and tilt wall backfill. 5. We estimated using the specification concrete test frequency of one set of 4 cylinders per 50 cy. 6. We have assumed six hours to review the shop documents, and six trips to the site for visual observation of field connections, joists, and decking. Compensation for our services will be based upon the actual work and tests performed in accordance with the unit rates shown. The estimated costs we have indicated are approximate. ESTIMATED TOTAL COST does not include: any casing of the drilled piers; any retests or reinspection; or any changes to the contract documents. Invoices for our services are payable within 30 days with no retainage. Unit prices are for local services, portal-to-portal, between 7:00 am and 5:00 pm, Monday through Saturday. Overtime will be charged at the rate of 1.25 times the normal rate. Only those services requested and authorized will be provided and invoiced. Five (5) copies of test reports are included for distribution as directed by the client at no additional charge. Additional copies of test reports requested and approved by the client will be charged at $0.35 per page to cover copying and mailing costs. This proposal may be accepted by executing both originals of the Agreement for Consulting Services and returning both executed copies along with this proposal to HBC. One fully executed copy will be returned to you for your files. This Proposal for Services and accompanying limitations shall constitute the exclusive terms and conditions and services to be performed for this project. This proposal is valid only if authorized Upon accepting our proposal, please sign and return the attached agreement which will allow us to proceed. Page 3 of 3 AGREEMENT FOR CONSULTING SERVICES This Agreement is made as of April 10, 2000, 2000 between HBC Engineering, Inc., a Texas Corporatic (hereinafter "HBC") whose mailing address is 2301 E. Loop 820 North, Fort Worth, Texas 76118, and City U1 Grapevine (hereinafter "CLIENT") whose mailing address is 2000 S. Main Street, Grapevine, Texas 76099. Services to be provided in accordance with HBC Proposal No. F20031 and are subject to the following terms and conditions to which the parties mutually agree: ARTICLE 1 - SCOPE OF SERVICES 1.1 In consideration of the mutual covenants contained herein, HBC shall perform the services identified in our proposal (hereinafter "the Services"), which is made a part hereof, in accordance with the terms of this Agreement. 1.2 The services covered by this Agreement will be undertaken by HBC only upon receipt of an executed copy, signed by an authorized representative of CLIENT. 1.3 Services under this Agreement are for the CLIENT's sole benefit and exclusive use with no third party beneficiaries intended. ARTICLE 2 - AMENDMENTS 2.1 CLIENT, without invalidating this Agreement, may request changes within the general scope of the Services required by this Agreement by altering or adding to the Services to be performed, and any such changes in the Services shall be performed subject to this Agreement. Upon receiving theCLIENT's request, HBC shall return to CLIENT a change setting forth an adjustment to the Services and Project Cost estimated by HBC to represent the value of the requested changes. Following CLIENT's review of HBO's change proposal, CLIENT shall provide written acceptance under the terms of this Agreement. ARTICLE 3 - PROJECT COSTS and PAYMENT 3.1 HBC shall be paid as outlined in our proposal. 3.2 HBC will submit an Invoice to CLIENT on a monthly basis or upon completion of the Services unless otherwise specified by CLIENT in writing. 3.3 Payment shall be made by CLIENT within 30 days after receipt of the Invoice. 3.4 CLIENT shall provide written notificationto HBC within 15 days of receipt of the invoice should CLIENT object to all or part of charges appearing on the Invoice The portion of the Invoice which is not in dispute shall be paid by the CLIENTS within 30 days of receipt of the Invoice. 3.5 A finance charge of 1.5% per month will be paid by the CLIENT for all non -disputed invoices after 30 days. ARTICLE 4 - CONFIDENTIALITY 4.1 HBC shall maintain as confidential and not disclose to others withoutCLIENT's prior written consent, all information obtained from CLIENT, not otherwise previously known to HBC in the public domain. The provisions of this Article shall not apply to information in whatever form which (i) is published or comes into the public domain through no fault of HBC, (ii) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (iii) is required to be disclosed by law on order of a court, administrative agency or other authority with proper jurisdiction. HBC will notify CLIENT in writing immediately if information is requested under item (iii) above. ARTICLE 5 - CONSULTANT'S REPRESENTATIONS, WARRANTIES, and COVENANTS 5.1 HBC, its employees, agents and subcontractors will hold necessary licenses and certificates required by federal, state, or local rules and regulations. 5.2 The Services will be performed using that degree of care and skill customarily provided by an experienced professional organization providing similar services in the area during the same time period. 5.3 HBC makes no other warranties either expressed or implied, as to the Services performed hereunder. 5.4 HBC shall take reasonable precautions to prevent injury or loss to persons or property at the site. ARTICLE 6 - CLIENT'S REPRESENTATIONS, WARRANTIES, and COVENANTS 6.1 CLIENT agrees to provide HBC with all existing data, plans, and other information inCLIENT's possession which are necessary for the performance of the Services. CLIENT agrees to provide HBC continuing related information as it becomes available to CLIENT. This information will include such information as location of utilities, known site hazards, nature and/or characteristics of any hazardous or toxic materials on or near the site. HBC may rely upon this information but is not responsible for its accuracy. 6.2 CLIENT shall ensure that HBC has authorized access to the site during performance of the Services and if the time of that access is limited, CLIENT will notify HBC prior to commencement of the Services so adjustments in Project Costs and planning can be made, if necessary. ARTICLE 7 - INDEMNITY 7.1 HBC shall indemnify, defend and hold harmless CLIENT from and against any and all lawsuits. claims, liabilities, causes of action, losses, damages, forfeitures. penalties, tines, costs and expenses, including, but not limited to, reasonable attorney's fees and expenses, by whomever asserted, including, but not limited to, any government agency or branch or any third party to the extent the same arise from (i) a breach by HBC of any term or provision of this Agreement, (ii) violation by HBC of federal, state or local statute, rule, regulation or ordinance in the performance of the Services, or (iii) negligent errors or omissions of HBC or its employees, agents, or subcontractors in the performance of the Services. Page l of 2 7.2 CLIENT shall indemnify, defend and hold harmless HBC from and against any and all lawsuits, claims, liabilities, actions, causes of action, demands. losses, damages, forfeitures, penalties. fines. costs and expenses, including, but not limited to. reasonable attorney's fees and expenses, by whomever asserted, including, but not limited to. any government entity, agency or branch, any third party, an employee, contractor employed or retained by HBC, any third party or employee employed or retained by HBC, to the extent that such claim, property damage, injury or death resulted from (i) the negligence or willful misconduct of CLIENT or agent of CLIENT, (ii) violation of federal, state or local statute, rule. regulation or ordinance by CLIENT or agent of CLIENT, (iii)CLIENT's alleged involvement or status as an owner. aerator, arranger, generator or transporter of hazardous substances or constituents at the site, or (iv) inaccurate information provided by CLIENT to HBC. ARTICLE 8 - LIMITATION OF LIABILITY 8.1 With respect to the Services performed by HBC, its employees, agents, affiliates and subcontractors, damage, costs, expenses, or other liability, direct or indirect, shall be limited to $50,000 or the Project Cost under Article 3, whichever is less. In no case shall HBC be liable for punitive, special, incidental, exemplary or consequential damages. ARTICLE 9 - INSURANCE 9.1 HBC represents that it now carries and will continue during the terms of this Agreement to carry Workmen's Compensation, Comprehensive General Liability and Comprehensive Automobile Liability insurance in the following amounts: • Statutory Workers Compensation Insurance and Employers Liability Insurance - $1,000,000 per accident. • Commercial General Liability Insurance - $1,000,000 per occurrence and $1,000,000 annual aggregate for bodily injury or death and property damage, including loss of use thereof, written on an occurrence (as opposed to a "claims made") basis. Umbrella Liability Insurance - $10,000,000 per occurrence and $10,000,000 aggregate liability for bodily injury or death and property damage, including loss of use thereof. • Comprehensive Automobile Liability Insurance covering all owned, non -owned and hired vehicles - $1,000,000 combined single limit of liability per occurrence for bodily injury or death and property damage, including loss of use thereof, written on an occurrence (as opposed to a "claims made") basis. • Errors and Omissions Insurance, including Pollution Liability, Applicable to Services - $2,000,000 with respect to claims made against HBC for negligent errors or omissions in the performance of the Services hereunder. ARTICLE 10 - DELAYS AND TERMINATION 10.1 CLIENT or HBC may terminate this Agreement upon forty-eight (48) hours written notice should the other party fail substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the terminating party. A complete settlement of all claims upon such termination of this Agreement shall be made as follows: CLIENT shall compensate HBC for the Services performed up to the date of receipt of termination plus reasonable costs incurred in terminating the Services in accordance with HBC's current fee schedule. In the event Services cannot be performed on or before the projected due date because of circumstances beyond the control of HBC, including, but not limited to strike, tire, riot, excessive precipitation, act of God, governmental action, third party action or action of omission by CLIENT, the Services shall be amended by CLIENT and HBC in accordance with Article 2 of this Agreement. ARTICLE 11 - WASTE AND SAMPLE DISPOSITION 1_r7. i Unless otherwise specified in Proposal, the proper disposition of any contaminated materials generated on-site as a result of the Services, including, but not limited to, waste materials, samples, produced soils or fluids, or protective equipment (hereinafter "Affected Materials"), shall be considered out -of -scope and shall require a written change order request by CLIENT in accordance with Article 2 of this Agreement wherein CLIENT provides a generator number, specifies its choice of transporter and treatment, storage or disposal facility and completes documentation necessitated by these services. CLIENT understands that HBC is in no way responsible for the proper disposition of the Affected Materials except as provided under this Agreement and CLIENT is responsible for directing the disposition of the Affected Materials. In the event that test samples obtained during the Services contain substances hazardous to health, safety or the environment, or equipment used during the Services cannot be reasonably decontaminated, CLIENT shall, if necessary, sign documentation required to ensure that this equipment and/or samples are transported and disposed of properly. CLIENT agrees to pay HBC the fair market value of this equipment and reasonable disposal costs. 11.2 In the event CLIENT wishes for HBC to retain test samples beyond the final report date for the Services, CLIENT shall provide HBC with a written request stating the same. HBC shall invoice CLIENT only for those storage charges incurred for storage beyond thirty (30) days after the report date for the Services. ARTICLE 12 - ENTIRE AGREEMENT 12.1 This Agreement (including attached schedules) constitutes the sole and entire agreement between HBC and the CLIENT. This agreement replaces and supersedes all prior discussions and agreements between the CLIENT and HBC with respect to the matters contained herein. By executing this agreement, HBC and CLIENT indicate their acceptance and agreement with its terms. Client: City of Grapevine HBC Engineering, Inc. By: By: Name: Name: Kemp E. Akeman, P.E. Title: Title: Ft. Worth Operations Manager _ _Le: Date: April 10, 2000 Page 2 of 2