HomeMy WebLinkAboutItem 13 - Big Bear Creek TrailMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER,'",�'s
FEBRUARY 15, 2005
CHANGE ORDER FOR GEOTECHNICAL SERVICES ON BIG
BEAR CREEK TRAIL PROJECT
City Council to consider a change order request to increase the Geo -Technical Services
to Terra -Mar Inc. by $8,170.
FUNDING SOURCE:
Funds for this service are available in the following accounts:
176-76102-005 Capital Projects-Recreation/Big Bear Creek Trail
113-48850-312-08 Grant Fund/Big Bear Creek Trail Extension
BACKGROUND:
The original scope of services for Geo -Technical Services with Terra -Mar Inc. for the Big
Bear Creek Trail project was an estimate of tests to be done based on the plans and
specifications. Additional tests were called for by the Construction Inspector due to the
conditions related to the location of the project and a change to the size of the bridge
piers drilled. Originally a $14,541 Geo -Technical service contract was signed with Terra -
Mar Inc. on March 9, 2004. The requested additional funds are expected to cover
testing through the completion of the project.
Staff recommends approval.
February 9, 2005 (11:18AM)
02/07/05 MON 10:30 FAX 972 488 8080 Terra -Mar, Inc.
TERRA -M"
Consulting Engineers - Geotechnical - Environmental - Construction Materials Testing
DALLAS - FORT WORTH - HOUSTON -AUSTIN - LONGVIEW
February 07, 2005
Mr. Curtis A. Bergthold
CITY OF GRAPEVINE
P.O. Box 95104
Grapevine, Texas 76099
Proposal #PO4-1032DC
Change Order #1
Re: Cost Estimate for Additional Construction Materials Testing Services
For Big Bear Creek Hike and Bike Trail
From Bear Creek Park to Pool Road
Grapevine, Texas
Request for Change Order #1 — Big Bear Creek Hike and Bike Trail project — City of
Grapevine.
Change order amount of $8070.00
Original Agreement Amount
$14,541.00
Sum of Previous changes
00.00
This Change Order (No. 1)
8,170A0
Estimated Project Total amount
$22,711.00
We are pleased to have been selected to provide the construction materials testing
services for the above mentioned Big Bear Greek Hike and Bike Trail.
Should you have any questions or concems, we are available to discuss and assist in
any areas that we may, and look forward to you contacting us at your convenience.
Sincerely,
TERRA -MAR, INC.
-0. ro
Gary D. DI, SET
CME Manager
11050 Able* Lane, Dallas, Texas 75229 phone: 972-488-8800 Fax; 972-488-18080
2002
02/07/05 MON 10:30 FAX 872 488 8080 Terra -Mar, Inc.
Request for Change Order No. 1:
Project: Bear Creek Hike And Bike Trail - Proposal No. PO4.1032
Construction Materials Testing for
Big Bear Creek Hike and Bike Trail
Grapevine, TX
Terra -Mar Proposal No. PO4-1032 DC, - Change Order Request
Request for Change order No.1 for additional construction
materials testing to be performed on Bear Creek Hike and
Bike Trail Project
07 -Feb -05
Notes:
1.Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked on the project outside
the normal working hours of 7:00 a.m, to 5:00 p.m., over eight hours per day, excluding travel time to and
from the jobsite, Monday through Friday. Services performed on Saturday and Sunday will be billed at
1.5 times the regular rate. Services performed on recognized holidays will be billed at 2.0 times the
regular hourly rate.
2. All laboratory test fees are F.O.B. our laboratory; additional charge for sample pikekup may apply.
3. Any additional tests will he billed on a hourly rate and charged at the applicalbe rate, portal to portal.
4. Additional test not specked in this proposal will be quoted upon request.
NM r
Estimated
Unit
Estimated
Service Description-
Quantity
Units
Price
Cost
Earthwork -Pavy a/�ng(Utgitles
Soils Technician - Portal to Portal (min. 2 hours per trip)
24
Hours
$35,00
$840.00
Standard Proctor Compaction Test
2
Each
$125.00
$250.00
AtterbeN Limits
2
Each
$45.00
$90.00
Material Finer than #200 Sieve
2
Each
$35.00
$70.00
Nuclear Field Density Test ( min. 4 tests per trip)
24
Each
$20.00
$460,00
Transportation Charge
6
Trip
$25.001
$150.00
Subtotal
$1,680.00
Conorete_P_la9ement jn1y22ticn and Testing
Concrete Technician - Portal to Portal (min. 2 hour per trip)
120
Hours
$35,00
$4,200.00
Compressive Strength Test Cylinders (4 cyls/ 100 C.Y. of Concrete)
80
Each
$15.00
$1,200.00
Transportation Charge
20
Trip
$25.00
$500.00
Subtotal $5 800.00
Prolect Management
Project Manager - General Project Coordination/Report Review
6
Hours
$65.00
$390,00
Subtotal $390,00
Estlmated Total Cost $8,170.00
Notes:
1.Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked on the project outside
the normal working hours of 7:00 a.m, to 5:00 p.m., over eight hours per day, excluding travel time to and
from the jobsite, Monday through Friday. Services performed on Saturday and Sunday will be billed at
1.5 times the regular rate. Services performed on recognized holidays will be billed at 2.0 times the
regular hourly rate.
2. All laboratory test fees are F.O.B. our laboratory; additional charge for sample pikekup may apply.
3. Any additional tests will he billed on a hourly rate and charged at the applicalbe rate, portal to portal.
4. Additional test not specked in this proposal will be quoted upon request.
NM r
02/07/05 AEON 10:31 FAX 972 488 8080 Terra -Mar, Inc.
Description of Services: Construction Materials Testin
Project Name: Big Bear Creek Hike and Bike Trail
Project Location: Grapevine, TX
TERRA -MAR Proposal #: PO4-10320C — Change Order #1
APPROVAL AND PAYMENT OF CHARGES. Fees will be billed to the account of, and invoices will be mailed to:
Firm: City of Grapevine
Attention: Mr. Curtis A. Bercthold
Address: P.A. aox 95104
City: Grapevine State:TTX zip-76099—
Telephone: 817-410-3142 Fax: 817-410-3003_
PROPOSAL ACCEPTED BY:
TITLE:
DATE ACCEPTED:
TERRA -MAR REPRESENTATIVE:
TITLE:
DATE ACCEPTED:
PAYMENT TERMS: Payable in accordance with the attached agreement(s). Invoices for completed work will be
issued every month for continuous or extended projects unless otherwise mutually agreed upon in writing.
PROPERTY OWNER IDENTIFICATION (If other than above):
Name:
Address:
City:
Telephone:
SPECIAL PROVISIONS:
State: Zip:
Fax:
Please note that TERRA -MAR reserves the right to withhold all reports until such time as TERRA -MAR receives a
signed Proposal Acceptance Agreement or other written authorization referencing this AGREEMENT in its entirety.
This AGREEMENT, together with TERRA -MAR'S Proposal, Unit Fee Schedule and the attached agreement(s), as
indicated below, constitutes the entire agreement between the Client and TERRA -MAR and supersedes all prior
written or verbal understandings -
c3 Professional Services Agreement
4 Agreement for Materials Engineering and Related Construction Materials Testing Services
❑ Other
tj
Environmental Services o Geotechnical Engineering v Construction Materials Testing
DALLAS u FORT WORTH u HOUSTON u AUSTIN u LONGVIEW
m:lmktgkexeclfvmislpaaform. doc
02/07/05 MON 10:31 FAX 972 488 8080 Terra—Mar, Inc.
1. The Agreement. The Agreement between the parties, which shall
describe and govern Client's engagement of Consultant to provide services
(Services) in connection with the project (Project) identified in the proposal
(Proposal), consists of the Proposal, these terms and conditions (whether or not
initialed by Client below), Consultant's fee schedule, and any exhibits or
attachments referrnecd in any of these documents. Together these elements
constitute the cntire agreement between the parties, superseding any and all
prior negotiations, correspondence, or agreements, either written or oral, with
respect to the subject matter of this engagement. This Agreement may only be
amended or modified by mutual written agreement.
2. Standarg of Care, The Services shall be performed in a manner
consistent with the level of care and skill ordinarily exercised by members of
Consultant's profession currently practicing under similar conditions and in the
same locality as the Project. Data, interpretations and recommendations by
Consultant will be based solely on information discovered by, or made available
to, Consultant during the course of the engagement. In connection with such
information, Client recognizes that subsurface conditions may vary from those
observed at locations where borings, surveys, or explorations are made, and that
site conditions may change over time. Consultant shalt not be responsible for
the use or interpretation of such information by non -panics to this Agreement.
CONSULTANT MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS
OR IMPLIED, REGARDING THE SERVICES.
3. Site Acceg$ pnd Qnditlons, Client will grant to, or obtain for,
Consultant unimpeded access to the Project site for all equipment and personnel
necessary for the performance of the Services, and (if requested by Consultant)
necessary for Consultant's personnel to photograph the Project site, As required
to effectuate such access, Client will notify all owners, lcssecs, contractors,
subcontractors, and other possessors of the Projcct site that Consultant must be
allowed free access to the site. Whilc Consultant agrees to take reasonable
precautions to minimize damage to the site, Client understands that, in the
normal course of performing the Services, some damage may occur, and further
understands that Consultant is not responsible for the correction of any such
damage unless so specified in the Proposal. Client is responsible for the
accuracy of locations for all subterranean structures and utilities. Consultant
will take reasonable precautions to avoid known subterranean structures and
utilities, and Client waives any claim against Consultant, and agrt:cs to defend,
indemnify, and hold Consultant harmless from any claim or liability for injury
or loss of any party, including costs of defense, arising from damage done to
subterranean structures and utilities not identified or accurately located, In
addition, Client agrees to compensate Consultant for any time spent or expenses
incurred by Consultant in defense of any such claim with compensation to be
based upon Consultant's prevailing fee schedule and expense reimbursement
policy.
4. Cooneratlon and Proleet LTTnders n ens, To the extent requested by
Consultant, Client will make available to Consultant ull information in its
possession regarding existing and proposed conditions at the site. Such
information shall include, but not be limited to, plot plans, topographic surveys,
hydrographic data, and previous soil data, including borings, field and
laboratory tests and written reports. Client shalt immediately transmit to
Consultant any new information concerning site condition which becomes
available, and any change in plans or specifications concerning the Project to
the extent such information may affect Consultant's performance of the
Services, Client agrees, upon 24 hours oral or written notice, to provide a
representative at the job site to supervise and coordinate the Services,
Consultant shall not be liable for any inaccurate or incorrect advice, judgment
or decision which is based on any inaccurate information furnished by Client,
and Client shall indemnify Consultant against claims, demands, or liability
arising out of, or contributed to, by such inaccurate information.
S. &nmol¢ isnosaL Unless other arrangements are made, Consultant will
dispose of all soil and rock samples remaining at the time of report completion.
Further storage or transfer of samples can be arranged at Client's prior written
rcqucst, subject to a reasonable charge by Consultant. Client acknowledges that
contaminated drill cuttings, sample spoils, wash water, and other materials may
be produced as a result of encountering hazardous materials at the site. In such
event, Consultant shall properly contain, label, and store such materials on-site,
and Client shall be responsible for its proper transportation and disposal.
Consultant may be able to arrange for the transportation and disposal of
hazardous materials at Client's request.
NAM
6. .C.onstruetion Monitorint, If Consultant is engaged by Client to provide
a site representative for the purpose of monitoring specific portions of any
construction work, as set forth in the proposal, then this Section 6 shall apply,
If Consultant's engagement docs not include such construction monitoring, then
this Section shall be null and void. In connection with construction monitoring,
Consultant will report observations and professional opinions to Client.
Consultant shall report to Client any observed work which, in Consultant's
opinion, dots not conform to plans and specifmcutions. Consultant shall have no
authority to reject or terminate the work of any agent or cuntractur of Client.
No action, statements, or communications of Consultant, or Consultant's site
representative, can be construed as modifying any agreement between Client
and others. Consultant's presence on the Project site in no way guarantees the
completion or quality of the performance of the work of any party retained by
Client to provide construction related services. Neither the professional
activities of Consultant, nor the presence of Consultant or its employers,
representatives, or subcontractors on the Nrojcct Site, shall be construed to
impose upon Consultant any responsibility for methods of work performance,
superintendence, sequencing of construction, or safety conditions at the Project
site. Client acknowledges that Client or its general contractor is solely
responsible for job site safety, and warrants and agrees that such responsibility
shall be made evident in any Project owner's agreement with the general
contractor. Client also agrees to make Consultant an additional insured under
any general contractor's general liability insurance policy, In the event
Consultant expressly assumes any health and safety responsibilities for
hazardous materials or other items specified in this Agreement, the acceptance
of such responsibility does not and shall not be deemed an acceptance of
responsibility for any other health and safety requirements, such as, but not
limited to, those relating to excavation, trenching, drilling or backfilling.
7. RADIX 0tf of Documents. All reports, boring logs, field data, field
notes, laboratory test data, calculations, estimates and other documents prepared
by Consultant in connection with this engagement, shall remain the property or
Consultant, Client agrees that alt reports, or other material furnished to Client
or his agents for which Client has not paid will be returned upon demand and
will not be used by Client or others for any purpose whatsoever, Unless
otherwise required by law, Consultant will retain all pertinent records relating to
the Services performed for a period not exceeding three years following
submission of the report, during which period the records will be made available
to Client at all reasonable times.
8. Project Change . In the event Client, the Project owner, or other party
makes any changes in the plans and specifications, Client agrees to hold
Consultant harmless from any liability arising out of such changes, and Client
assumes full responsibility unless Client has given Consultant prior notice and
has received Consultant written consent for such changes.
9. Termination. This Agreement may be terminated for no cause by either
party upon thirty (30) days' written notice, and at any time by either party if the
other party defaults in the performance of any material provision of this
Agreement and such default continues for a period of seven (7) days after
written notice thereof. In the event of termination, Consultant will be paid for
services performed through the date of termination, plus reasonable termination
expenses, including the cost of completing analyses, records and reports
necessary to document job status at the time of termination.
02/07/05 MON 10:32 FAX 872 468 8080 Terra—Mar, Inc. 2006
11. Diseovery of Una tieinated Hazardous Materials. Client warrants
that it has made reasonable efforts to inform Consultant of known or suspected
hazardous materials on or near the Project site, The parties acknowledges that
hazardous materials may exist at a site where there is no reason to believe they
are present, Consultant and Client agree that the discovery of such
unanticipated hazardous materials constitutes a changed condition which shall
require either a re -negotiation of the scope of Consultant's Services or
termination of such Services or this Agreement. Client recognizes that the
discovery of hazardous materials may necessitate immediate protective
measures to safeguard the public health and safety and agrees to compensate
Consultant for measures that in Consultant's professional opinion are justified
to preserve and protect that health and safety of site personnel and the public.
Client also agrees to compensate Consultant for any equipment decontamination
or other costs incident to the discovery of unanticipated hazardous materials.
Consultant agrees to notify Client as soon as practicable should hazardous
materials be encountered at the site that pose a threat to human health, safety
and the environment. Client agrees that in the event of the discovery of
hazardous materials at the site it will report such discovery to the proper
authorities as required by Federal, State, and local regulations. Client agrees to
make the required report at the recommendation of Consultant, or, if unable to
do so, authorizes Consultant to make such report Client also agrees to inform
the Project site owner in the event that hazardous materials are encountered at
the site.
NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, CLIENT
WAIVES ANY CLAIM AGAINST CONSULTANT, AND TO THE MAXIMUM EXTENT
npmr(TED BY LAW, AGREES TO DEFEND, INDEMNIFY, AND SAVE
CONSULTANT HARMLESS FROM ANY CLAIM, LIABILITY AN01OR DEFENSE
Com FOR INJURY OR LOSS ARISING FROM THE PRESENCE OF HAzARDOUS
MATERIALS ON TME PROJECT SITE, INCLUDING ANY COSTS CREATED BY
DELAY OF THE PROJECT AND ANY COSTS ASSOCIATED WITH POSSIBLE
REDUCTION OF THE PROPERTY$ VALUE. CLIENT IS RESPONSIBLE FOR
ULTIMATE DISPOSAL OF ANY SAMPLE$ SECURED BY CONSULTANT WHiCH
ARE FOUND TO BE CONTAMINATED.
12. An_ ulfitt CQuamination, Client acknowledges that it is impossible for
Consultant to know the exact composition of a site's subsurface, even after
conducting a comprehensive exploratory program. As a result, there is a risk
that drilling and sampling may result in Contamination of certain subsurface
areas, Although Consultant will take reasonable.precautions to avoid such an
occurrence, Client waives any claim agnint4 and agrees to defend, indemnify
and save Consultant harmless from any claim or liability for injury or less which
may arise as a result of subsurface contamination caused by drilling, sampling,
or monitoring well installation. Client also agrees to adequately compensate
Consultant for any time spent and expenses incurred in defense of any such
claim.
13. Warn No insurance, carried by Consultant, shall be deemed to
limit in any way the responsibility of any contractor or subcontractor for
damages resulting from their services in connection with the Project Client
agrees, to include, or cause to be included, in the Project's construction
contract, such requirements for insurance coverage and performance bonds to
be secured and maintained by the Project contractor as Client deems adequate to
insure and indemnify Consultant, against claims for damages and to insure
compliance or work performance and materials with Project requirements.
14. Indemnt . Client agrees to hold harmless, indemnify and defend
Consultant, and its affiliates and subcontractors, and each of their employees,
officers, directors and agents, against all claims, suits, fines and penalties,
including attorneys fees and other costs of settlement and defense, which such
liabilities arise out of or arc related to this Agreement or the Services, except to
the extent that they arc caused by Consultant's negligent or willful misconduct
15. Resolution of Disputes. All claims, disputes, controversies or matters in
question arising out of, or relating to, this Agreement or any breach thereof,
including but not limited to disputes arising out of ailcged design defects,
breaches of contract, errors, omissions, or acts of professional negligence,
(collectively "Disputes") shall be submitted to mediation before and as a
condition precedent to pursuing any other remedy, Upon written request by
either party to this Agreement for mediation of any dispute, Client and
Consultant shall select a neutral mediator by mutual agreement. Such selection
shall be made within ten (10) calendar days of the date of receipt by the other
party of the written request for mediation. In the event of failure to reach such
agreement or in any instance when the selected mediator is unable or unwilling
to serve and a replacement mediator cannot be agreed upon by Client and
Consultant within ten (10) calendar days, a mediator shall be chosen as
specified in the Construction Industry Mediation Rules of the American
Arbitration Association then in effect, or any other appropriate rules upon which
the parties may agree, if a dispute cannot be settled through mediation as set
forth above, then such dispute shall be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the American Arbitration
Association then in effect, or any other appropriate rules upon which the parties
may agree. Demand for arbitration shall be made by either party within ten (10)
calendar days following termination of mediation. The date of termination of
mediation shall be the date of written notice of closing mediation proceedings
issued by the mediator to each of the parties, Demand for arbitration shall be
made by filing notice of demand, in writing, with the other party and with the
American Arbitration Association. The award rendered, if any, by the
arbitrator(s) shall be final and binding on both parties and judgment may be
entered upon it in accordance with applicable law in any court having
jurisdiction, Notwithstanding any other provisions of this Section, in no event
shall a demand for mediation be made more than two (2) years from the date the
party making demand knew or should have known of the dispute or five (5)
years from the date of substantial completion of Consultant's Service&
whichever date shall occur earlier. All mediation or arbitration shall take place
in the principal State and County of the Project, unless Client and Consultant
agree otherwise. The fees of the mediator or arbitrator(s) and the costs of
transcription and other casts incurred by the mediator or arbitrator(s) shall be
apportioned equally between the parties.
16. Asst ns. Neither Client nor Consultant may delegate, assign, sublet or
transfer his duties or interest in this Agreement without the written consent of
the other party. This Agreement shall inure only to the benefit of the parties
hereto, and no third party shall have any rights hereunder. Each party binds
itself, its partner9, successors, executors, administrators and assigns,
17. Covernioe Law and Survival. The validity of this Agreement, these
terms, their interpretation and performance shall be governed by the laws of the
State in which the Project is located. If any of the provisions contained in this
agreement are hold illegal, invalid, or unenforceable, the enforceability of the
remaining provisions will not be impaired. Limitations of liability and
indemnities shall survive the termination of this agreement for any cause.
Client's Initials
02/07/05 MON 10:32 FAX 872 488 8080 'terra—Mar, Inc.
Billing and Payment.
Client shall pay Consultant the lump sum amount indicated in the Proposal, or,
if no lump sum amount is indicated, in accordance with the schedule of fees or
charges as shown in the proposal or fee schedule. Backup data on billing will
not be available unless prior arrangements have been made. Prior to initiation
of the Services, Client is required to remit any retainer specified in the Proposal.
Thereafter, Consultant will submit to Client invoices for the balance due, which
shall be due and payable immediately upon submission_ If Client objects to all
or any portion of any invoice, Client will so notify Consultant in writing within
fourteen (14) calendar days of the invoice date, identify the cause of
disagreement, and immediately pay that portion of the invoice not in dispute. In
the absence of written notification described above, the balance as stated on the
invoice shall be deemed accepted. Invoices aro delinquent if payment has not
been received within thirty (30) days from date of invoice. In such event, Client
shall pay an additional charge of one and one-half (1.$) percent per month (or
the maximum percentage allowed by law, whichever is lower) on any delinquent
amount. Payment thereafter will first be applied to accrued interest and then to
the principal unpaid amount. Consultant shall be entitled to recover for all staff
time spent and expenses incurred (including any attorney's fees) in connection
with collection of any delinquent amount.
Fcc, schedules arc periodically revised. Unless otherwise agreed, new rates
apply to ongoing work as such rates arc issued, If Client or Consultant should
become banlaupt or make an assignment for tho benefit of creditor,,
Consultant, or trustee in bankruptcy, shall be paid the rcawriable value of all
work theretofore performed, and the obligation of all parties under the
Agreement shall thereupon terminate. in determining reasonable value under
this paragraph, the Agreement price shall be deemed reasonable.
N=