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HomeMy WebLinkAboutItem 05 - Water Transmission Linerf1m 0 nw� L- ii-=� MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE SUBJECT RECOMMENDATION: MAY 1, 2001 MATERIAL TESTING CONTRACT — FY2000 WATER TRANSMISSION LINE PROJECT City Council consider awarding a Material Testing Contract in an amount not to exceed $23,000.00 to Trinity Engineering / Kleinfelder for material testing services on the FY 2000 Water Transmission project in the SH 121 corridor and the Ball Street corridor, authorize staff to execute said contract, and take any necessary action. FUNDING SOURCE: Funds are available in the following accounts: Funding Source 99 Utility Bonds 99 Utility Bonds 99 Utility Bonds Impact Fees 96 Utility Interest TOTAL Budget Engineering Construction Testing Contingency TOTAL BACKGROUND: Account Amount Award Percent 200-48930-534-5-000008WA $652,000 $23,000 18.5% 200-48930-534-5-000006WA $505,000 14.3% 200-48930-534-5-000002WA $945,000 26.8% 200-48930-534-6 $1,118,984 31.8% 200-48930-534-2-000002WA $301,571 8.6% $3,522,555 $23,000 100% Amount Award Percent $275,655 7.8% $2,845,900 80.8% $40,000 $23,000 1.1% $361,000 10.3% $3,522,555 $23,000 100% The project consists of in excess of 22,000 linear feet of major water transmission line construction within the state right-of-way of SH 121 from Glade Road to Mustang Drive, within the parking lot of the Mobil Gas Station, La Madeleine, Chili's, Romano's Macaroni Grill and Grady's, along the Ball Street alignment from the Grady's restaurant April 20, 2001 (11:20AM) site to William D. Tate Avenue, and the Ball Street corridor from the railroad crossing north to Northwest Highway. This extensive length of transmission line involves a significant trench backfill effort by the contractor beneath existing roadways, within TxDOT right-of-way, and parking lots which necessitates close scrutiny of the testing methods and compaction results. The proposed budget from Trinity Engineering of $23,000.00 is consistent with projects of similar size that we have recently constructed in the City. Staff recommends approval. JSL/dsm Wagenda\0501014tr trnsm_prj.agm April 20, 2001 (11:20AM) 1`„ f 1\\ ow • 3._ ,L I• 91 1 \, \ � FY 2004 �.�.{ -rte ---T Water Transmission Line Project gldsum12 APR 19 01 14:58 finance Account Summary Inquiry /dev/pts/18 Options: 5=Inquire 10=Encumbrances 11 =Amendments (c) Stw Inc. 1992 12=Budget Items 13=Unposted JE's & Enc Account .: 200-48930-534-5-000008-WA SH 121 27"-24" W Sup yr: 2001 Begin bol: 0 Total Budget: 652,000.00 c..> neon Amended Budget Actual Amount Encumbrance Amt Budget Balance _ OCT 652,000.00 .00 .00 652,000.00 NOV .00 .00 .00 652,000.00 DEC .00 .00 .00 652,000.00 JAN .00 29,290.85 .00 622,709.15 FEB .00 .00 .00 622,709.15 MAR .00 7,693.58 .00 615,015.57 APR .00 .00 .00 615,015.57 MAY .00 .00 .00 615,015.57 JUN .00 .00 .00 615,015.57 JUL .00 .00 .00 615,015.57 AUG .00 .00 .00 615,015.57 SEP .00 .00 .00 615,015.57 TOT 652,000.00 36,984.43 .00 615,015.57 Command ===> F1=Help F2=Extended Help F5=Refresh F7=Backwards F8=Forward F9=Process F12=Cancel IE TRINITY ENGINEERING/KLEINFELDER 'A' An employee owned company April 17, 2001 Proposal No.: 69YPM094 Curtis A. Bergthold City of Grapevine, Texas P.O. Box 95104 Grapevine, Texas 76099 Re: Construction Materials Services Water Distribution System Improvements FY 2000 North-South Transmission Line Grapevine, Texas Dear Mr. Bergthold: As you requested, Trinity En gin eering/Kleinfelder is pleased to submit this proposal for construction materials testing and/or engineering services for the referenced project. We understand that the project will consist of waterline improvements -for Glade Road, Sh-121, SH - 114, Ball Street, Tate Avenue and N. W. Highway in Grapevine, Texas. Project information Based on our review of the plans and specifications, we understand that the project will consist of the following: • 20" Water line for Glade Road at SH -121 • 20" Water line along SH -121, East Side of SH -121 and North of Champagne i 30"/24" Water line along SH -121, W. Side from Hall Johnson to Mustang ! 24" Water line along SH -114 and Ball Street from W. D. Tate N. and E. ! 20" Water line from Tate Avenue to NW Highway Scope of Services The following scope of services is based, in part on our conversations and the plans and specifications, and is limited to providing testing and/or observations for the previously mentioned construction quantities. The sample frequencies presented below are as provided in the construction documents; however, as we are not monitoring the construction, the City of Grapevine, Texas or your representative will be responsible for the services provided during 69YPM094/691 I P099 Page 1 of 2 April 17, 2001 Copyright 2001 Trinity Engineering / Kleinfelder 2211 Century Center Boulevard, Suite 101 . Irving, Texas 75062 . (972) 870-0808 . (972) 870-0802 fax construction. As such, we agree to provide a technician on "as -needed" or "full-time" basis, as required by the specifications, to conduct tests in the field and/or sample materials as follows: • Sampling of On -Site Materials • Moisture -Density Relationships • Nuclear Field Density Testing • Pipe Bedding Material Gradation Testing • Concrete Sampling and Compressive Strength Determination Compensation While our testing is dependent on the construction sequence, weather conditions, and the actual testing performed, we suggest a budget of $23,000.00. This budget includes two hours of a materials manager's time per week for project oversight. If necessary during construction, a project materials engineer will be designated. The invoicing for the project will use the attached General Fee Schedule and the actual quantity of work performed. Any other construction materials services, not listed in the scope of services, will be negotiated as necessary. The City of Grapevine will be notified and written permission received before providing any additional services or exceeding the estimated budget. Please indicate your approval of the proposal by signing the attached contract. After you have signed the originals; please return both documents in their entirety for our signature. One original will be returned to you for your records. The City of Grapevine, Texas and Trinity Engineering/Kleinfelder must accept any modification to the attached Terms and Conditions. We appreciate the opportunity to provide this proposal and look forward to serving you on this project. Please call me if you have any questions or comments. Sincerely, Trinity Engineering/Kleinfelder JLA�16� James R. Yesenik 7� Project Manager Attachments: General Fee Schedule Terms and Conditions to Agreement 69YPM094/691 I P099 Page 2 of 2 Copyright 2001 Trinity Engineering / Kleinfelder 2211 Century Center Boulevard, Suite 101 • Irving, Texas 75062 (972) 870-0808 . (972) 870-0802 fax April 17, 2001 CONSTRUCTION MATERIALS ENGINEERING AND TESTING GENERALFEESCHEDULE SOIL SERVICES Moisture -Density Relationships: $30.00 ASTM D 698 or AASHTO T-99, per test $130.00 ASTM D 1557 or AASHTO T-180, per test $150.00 TEX 113E, per test $175.00 Atterberg Limits, per test $42.00 Percent Passing a No. 200 Sieve, per test $25.00 In -Place Nuclear Density Tests (minimum 3 tests), per test $15.00 CONCRETE SERVICES Cylinder and/or beam pickup, per set $30.00 Flexural Strength, per beam $20.00 Compressive Strength, per cylinder $13.00 ASPHALT SERVICES Extraction and Gradation, per sample $140.00 Extraction, Gradation, and Stability (3 specimens per test), per sample $185.00 Theoretical Maximum Specific Gravity, per test $30.00 In -Place Nuclear Density Test (minimum 2 hours), per hour $45.00 Core Density Test, per test $12.00 ADDITIONAL SERVICES Pier Observation, per hour $40.00 Structural Steel or Visual Welding Observations (minimum 4 hours), per hour $50.00 PERSONNEL AND VEHICLE SERVICES Engineering Technician, per hour (minimum 2 hours), per hour $35.00 Senior Engineering Technician (minimum 2 hours), per hour $40.00 Field Project Supervisor (minimum 2 hours), per hour $45.00 Project Materials Manager (minimum 2 hours), per hour $75.00 Project Engineer, per hour (minimum 2 hours), per hour $100.00 Clerical (as needed), per hour $35.00 Vehicle Charge, per trip $30.00 Personnel and vehicle charges will be in addition to all field sampling, testing, and/or observations. Fees listed above for field tests include the equipment necessary to accomplish the task. Fees not listed above are available upon request. 69YPM094/691 IP099 Page i of 1 General Fee Schedule Copyright 2001 Kleinfelder, Inc. April 17, 2001 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into between City of Grapevine ("Client") and Trinity Engineering Testing / Kleinfelder ("Consultant"): Trinity Engineering / Kleinfelder ("Consultant") City of Grapevine ("Client") 2211 Century Center Blvd., Suite 101 P.O. Box 95104 Irving, Texas 75062 Grapevine, Texas 76099 972-870-0802 Client engages Consultant to provide professional services ("Services") in connection with the following project ("Project"): Water Distribution System Improvements FY 2000 North-South Transmission Line SCOPE OF SERVICES. Consultant shall perform the following Services: As described in the Trinity Engineering/Kleinfelder Proposal No: 69YPM094 dated April 17, 2001 Client agrees that services not specifically described above are not included in the Scope of Services provided by Consultant. Services provided under this Agreement, including all reports, information, recommendations, or opinions prepared or issued by Consultant, are for the exclusive use and benefit of Client in connection with the project, are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client for any purpose. Client will not distribute or convey such reports, information, recommendations, or opinions to any other persons or entities without Consultant's prior written consent. COMPENSATION. Client shall compensate Consultant as follows: As described in the Trinity Engineering/Kleinfelder Proposal No: 69YPM094 dated April 17, 2001 The rates charged for services rendered under this contract are applicable through the completion of this assignment or as otherwise agreed to by terms of our work scope proposal agreement. GENERAL CONDITIONS AND ADDENDA. Note: The General Conditions attached hereto to this Professional Services Agreement contain Limitations of Liability provisions and other important provisions affecting the legal rights and obligations of the parties. Client and Consultant have each read, understand and agree to the General Conditions and any Addenda attached to this Agreement, and agree that the General Conditions and Addenda are incorporated into this Agreement by reference. Neither Client nor Consultant shall assign its interest in this Agreement without the prior written consent of the other. This Agreement is entered into at and is made effective Client: City of Grapevine Trinit Engi ering / i elder By: B Title: Title: Area Manager Date Signed: Date Signed: 465 � j 69YPM094/6911 P099 Page 1 of 3 Materials Testing Services Agreement Copyright 2001, Trinity Engineering / Kleinfelder M.r. r GENERAL CONDITIONS (PROFESSIONAL SERVICES) 1. Client shall pay invoices upon receipt. Invoices not paid within thirty (30) days of the invoice date shall be subject to a late payment charge of 1.1/2 percent per month (or the maximum rate allowable by law, whichever is less). Invoice amounts shall be presumed to be correct unless Client notifies Consultant in writing within fourteen (14) days of receipt. Client agrees to pay all costs incurred with collection of past due accounts, including attorneys' fees. If Client fails to pay an invoice when due, Consultant may, upon five (5) calendar days notice to client, suspend all Services until paid in full, and may terminate the Agreement. 2. The Client agrees that any and all limitations of the Consultant's liability and indemnifications by the Client to the Consultant shall include and extend to those individuals and entities the Consultant retains for performance of the services under this Agreement, including but not limited to the Consultant's officers, partners and employees and their heirs and assigns, as well as the Consultant's subconsultants and their officers, employees, heirs and assigns. 3. Consultant shall perform the services in a manner consistent with the standard of care and skill ordinarily exercised by members of the profession practicing in the same or similar locality under similar circumstances at the time the services are performed. This Agreement creates no warranty or guarantee, express or implied, nor does it create a fiduciary responsibility to Client by Consultant. 4. Consultant's construction observation Services, if any, shall be limited to observation of construction operations to provide Client with an understanding of the general nature, progress and quality of the work. Unless otherwise agreed in writing, Consultant shall not be responsible for continuous or exhaustive inspection of the work. In no event shall Consultant be responsible for the means and methods of construction or for the safety procedures employed by Client's contractor. Client shall hold its contractor solely responsible for the quality and completion of the Project, including but not limited to its construction in accordance with the construction documents. 5. Consultant shall sign certifications only if Consultant approves the form of such certification prior to the commencement of Services, such certification is included in Consultant's scope of services, and provided such certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee, express or implied. 6. Client shall notify Consultant at least twenty-four (24) hours in advance of any necessary tests and observations. If Client assigns this responsibility to a contractor, subcontractor, or other third parry, or if Client fails to provide the proper notice, Consultant shall not be responsible for any damages resulting from improper notice. 7. All samples shall remain the property of the Client, and Client shall promptly at its cost remove and lawfully dispose of samples, cuttings and hazardous materials, unless otherwise agreed in writing. if appropriate, Consultant shall preserve samples obtained for the Project for not longer than thirty (30) days after the issuance of any document that includes the data obtained from those samples. 8. Client shall bear sole responsibility for notifying all prospective purchasers or other appropriate third parties including, but not limited to, all appropriate municipal, regional, state or federal agencies of the existence of any hazardous or dangerous materials located in or around the Project site. 9. Client shall provide Consultant with all information regarding existing conditions, including the existence of hazardous or dangerous materials, and proposed uses of the Project site and shall correctly designate the location of all property lines of the Project site and all subsurface installations, such as pipes, tanks, cables, electrical lines, telephone lines and utilities within the Project site. Client shall immediately provide Consultant with any new information, including any change in plans. Client releases Consultant from liability for any incorrect advice, judgment or decision based on any inaccurate information furnished by Client or others. if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site by Consultant, Consultant shall, upon recognizing the condition, immediately stop work in the affected area and report the condition to Client. 10. Consultant's reports, boring logs, maps, field data, drawings, test results and other work product are part of Consultant's professional services, and do not constitute goods or products. Consultant reserves the right to copyright such work; however, such copyright is not intended to limit the Client's use of the Services pursuant to this Agreement in connection with the Project. 11. Because data stored on electronic media can deteriorate undetected or be modified without Consultant's knowledge, the Client agrees that it will accept responsibility for the completeness, correctness, or readability of the electronic media after an acceptance period of 30 days after delivery of the electronic files. 12. Client shall cooperate with all reasonable requests by Consultant that are related to the performance of the Services, including but not limited to obtaining permission, at Client's sole cost, to allow Consultant access to the Project site. 14. All disputes between Consultant and Client, with the exception of non-payment issues, shall first be subject to non-binding mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute and demanding that the mediation proceed within sixty (60) days of service of notice. The mediation shall be administered by the American Arbitration Association or by such other person or organization as the parties may agree upon. No action or suit may be commenced unless (1) the mediation does not occur within ninety (90) days after service of notice, (2) the mediation occurs within ninety (90) days after service of notice but does not resolve the dispute, or (3) a statute of limitation would elapse if suit was not filed prior to ninety (90) days after service of notice. 15. If Client insures property, real or personal, or both, at or adjacent to the Project by property insurance, whether during or after the completion of the construction of the Project, Client agrees to waive all subrogation claims against Consultant for damages caused by fire or other causes of loss to the extent covered by such property insurance. 16. Client waives all claims against Consultant for all claims, liabilities, losses, and expenses arising out of or relating to Client's failure to perform, in whole or in part, any of its obligations under this Agreement and any subsequent agreements. 17. Client shall be responsible for jobsite safety. 18. if during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by Consultant at the commencement of this Agreement, Consultant shall notify Client in writing of the newly discovered conditions or circumstances, and Client and Consultant shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, Consultant may terminate this Agreement and Consultant shall be paid for its services through the date of termination. 19. Client shall furnish to Consultant within fifteen (15) days after receipt of a written request information necessary and relevant for the Consultant to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, the name of the Project lender, and the Client and/or Owner's interest therein. 20. Except for actions such as for enforcement of mechanic's liens which are required by statute to be brought in a specific venue, in the event that litigation is instituted under the terms of this Agreement, the same is to be brought and tried in the judicial jurisdiction of the court of the county in which this Agreement is made. Client waives the right to have the suit brought, or tried in, or removed to, any other county or judicial jurisdiction. 21. This Agreement, including Consultant's Addenda and Schedule of Fees, represents the entire Agreement and understanding between the parties, and supercedes any and all agreements, either oral or in writing, including any purchase order, between the parties. Any modification to this Agreement will be effective only if it is in writing signets by the party to be bound. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant.' 22. The laws of the State of Texas shall govern interpretation of this Agreement. if any term of this Agreement is deemed unenforceable, the remainder of the Agreement shall stay in full force and effect. If services of an attorney are required by any party to secure performance under this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 69YPM094/691 I P099 Page 2 of 3 Materials Testing Services Agreement Copyright 2001, Trinity Engineering / Kleinfeider ADDENDA TO TERMS AND 'ONDITIONS 23 Engineer shall 'maintain during the life of the Agreement the following minimum insurance: 1. Commercial general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability. The limit shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance as required by state law. 3. Statutory workers' compensation and employers' liability insurance as required by state law. 4. Professional liability insurance on a claims made basis, with a limit of not less than $1,000,000. 24 Indemnification Engineer agrees to indemnify and hold Client harmless from damage, claims, demands, suits, causes of action judgment, cost and expenses including reasonable attorney's fees and expenses resulting from: 1. Damage to property of any person, firm, corporation or governmental agency, including property of Client and/or 2. Death of or injury to any person or persons, including employees of Client 3. The performance of the terms and conditions of this agreement Arising out of, and to the extent caused directly by, a negligent act, or omission, or willful misconduct of Engineer, its agents, servants, employees, and subcontractors of any tier, their agents, servants and employees. In the event that Client is found to be concurrently negligent, Engineer shall not indemnify for proportionate negligence of Client, but shall indemnify for the portion of negligence solely attributed to Engineer, its agents, servants, employees, and subcontractors of any tier, their agents, servants and employees. - Neither party shall be liable to the other for incidental or consequential damages, whether or not the possibility of such damages has been disclosed or could have been reasonably foreseen. The parties shall indemnify one another against damages of third parties recoverable form the indemnitee to the extent caused by the comparative negligence of the indemnitor, up to an aggregate amount for the project of $1,000,000. Such negligence shall be measured by standards in effect at the time services are rendered, not by later standards, Client may not assert any claim against Engineer after the shorter of (1) 3 years from substantial completion of services giving rise to the claim, or (2) the statue of limitation provided by law. 69YPM09416911 P099 Page 3 of 3 Materials Testing Services Agreement Copyright 2001, Trinity Engineering / Kleinfelder