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.
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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
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