HomeMy WebLinkAboutItem 11 - Minters Chapel Road DesignITEM 't _ - //
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: ROGER NELSON, CITY MANAGER %?
MEETING DATE: MARCH 19, 2002
SUBJECT: MINTERS CHAPEL ROAD DESIGN CONTRACT RATIFICATION
AND SUPPLEMENTARY CONTRACT APPROVAL FOR
ADDITIONAL SERVICES
RECOMMENDATION:
City Council consider:
• ratifying the engineering design services contract between Trinity Industries, Inc. and
Nathan D. Maier and Associates, Inc. in the amount of $419,684.52,
• approve a Supplemental Contract between the City and Nathan D. Maier and
Associates, Inc. for chromium pollution related engineer services required during the
development of this project up to the final advertisement for bid and award of
contract in the amount of $86,224.30,
• approve a Supplemental Contract between the City and Nathan D. Maier and
Associates, Inc. for Construction Phase Services in an amount of $ 47,320.00,
Authorize staff to execute said supplemental contracts, and take any necessary action.
FUNDING SOURCE:
Funds are available as follows:
Funding Source Account Amount Award Percent
Private Development 178-21570 $2,654,653 49.6%
99 G.O. Bonds 178-78102-010 $2,694,317 $553,228.82 50.4%
TOTAL $5,348,970 $553,228.82 100%
Budget
Design
GeoTech
Construction
Contingency
TOTAL
Amount
$553,229
$70,000
$4,117,083
$608,658
Award
$553,228.82
Percent
10.3%
1.3%
77.0%
11.4%
$5,348,970 $553,228.82 100%
March 13, 2002 (2:20PM)
0n,,,, BACKGROUND:
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At the outset of the development of the Minters Chapel Road construction project, Trinity
Industries committed to engage an engineering firm to provide the design services for
this project. That commitment would be considered part of Trinity's participation in the
project's cost. The cost of the engineering services as well as the construction was
packaged into a total cost that has been distributed among the various participants
including Trinity Industries, Airport II Joint Venture, Sewell Automotive Group, Park
Place Lexus Group and the City of Grapevine. The total cost for that contract was
$419,684.52.
In addition to the basic design services for this project, the consulting firm, Nathan D.
Maier and Associates, Inc. undertook $86,224.30 of additional work to address the
chromium pollution issues associated with the design and construction of the project .
The additional work occurred over a 26 month period between September 1999 and
October 2001. This included initial efforts to ascertain the scope of the contamination
problem; the cost of meetings with staff, owners' representatives, environmental
consultants, and TNRCC Staff; and the cost to design specific features and modify the
construction plans and the contract documents to reflect underground improvements
that would provide collection of contaminated groundwater through the contamination
plume.
The cost associated with pollution issues has not been distributed to the various
participants in the project due to its limited location within the project and it's lack of
impact on the participants. The Staff proposes the City and Advanced Graphics
Technologies, Inc. (AGT), the point of origin of contamination, jointly fund the cost
related to the chromium pollution issues in developing this project. AGT has been in the
process of cleaning up the chromium contamination in the area for the past ten years
under the guidance of the TNRCC. During the development of this project, AGT helped
ascertain the levels of contamination in the areas beneath the roadway. They have
committed to provide on-site testing of groundwater encountered in the contamination
area at no cost, and also agreed to route the groundwater from the collection system in
this project to their treatment facility on their property at no cost.
The contract with Trinity Industries for the design of the project did not include
Construction Phase Services which is normally included in City Design Services
Contracts. These services are very important to a successful construction project and
include:
Attending the Pre -Construction Conference
Attending Monthly Progress Meetings & Inspecting the Site
Review of all Shop Drawings
Review of all Request for Payments
Preparation of all Change Order Requests
Addressing all Requests for Information (RFI's) from the contractor
March 13, 2002 (4:49PM)
Final Inspection
Preparation of Record Drawings
Nathan D. Maier has submitted a proposal in the amount of $ 47,320.00 to provide these
services. Staff feels that this is a reasonable scope of work and associated cost.
Staff recommends approval.
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March 13, 2002 (2:20PM)
Mar 12 cie u,4; i-lp natnan U Maier c. E. 2147395961
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Mr. Stan Laster, P.E.
City of Grapevine
Public Works Department
P. 0. Box 95104
Grapevine, Texas 76099
NATHAN D. MAI ER
CONSULTING ENGINEERS, INC.
RE. Engineering Fees fur Chromium Contamination
Minters Chapel Road
Dear Mr. Laster:
Since September 1999 we have addressed issues associated with the chromium contamination on this
project. As you may recall, we were instructed to add this work to our existing design contract with
Trinity Industries as additional services rather than create anew chromium mitigation contract with
the City. The total amount of the additional work related to chromium issues, delay, and changed
conditions is $86,224.30.
The following recap describes the additional work we have performed to support the environmental
consultant's chromium mitigation work and for additional work due to delay and changed conditions
while the chromium issues were being resolved.
1. Initial research into contamination at the site, AGT's Mitigation Plan, and hexavalent
chromium issues.
2. Coordination meetings with the City, AGT, and TNRCC.
3. Coordination meetings with. the City and its environmental consultant, the IT Group.
4. Review of Environmental Report from IT.
5. Additions and revisions to plans and specifications to conform to the IT Environmental
Report.
6. Review of draft agreements for chromium collection and disposal.
7. Further additions and revisions to plans and specifications to conform to the IT report and
revisions, the soil and water handling plans and revisions, and the City's instructions
regarding requests from AGT and adjacent property owners.
8. Coordination meetings with the City, IT Group, AGT, and adjacent property owners.
9. Preparation of construction cost estimates for chromium mitigation.
If you need additional information or have any questions, please do not hesitate to call me.
Sincerely,
NATHAN D. MAIER
CON5 T G ENGINEERS, INC.
Gordon J. Ma , Jr., P.E.
Two Northpark / 9090 Park Lane / Suite 600 1 Dallas, Texas 75231 / (214) 759.4941
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Mar 12 02 04:17p Nathan D Maier C.E. 2147395961
NATHAN D. MAIER
NDM CONSULTING ENGINEERS, INC.
March 7, 2002
Mr. Stan Laster, P.E.
City of Grapevine
P. O. Box 95104
Grapevine, Texas 76099
RE: Minters Chapel Road — Engineering Services
NDMCE Job No.: 92-04-038.5
Dear Stan:
Attached is a proposed scope of services for Minters Chapel Road Construction Phase Support.
NrDMCE proposes to accomplish the attached Scope of Services for a total fee of $47,320.00.
No additional Construction Phase Services, beyond those described in this scope, shall be provided
without a revised written scope and negotiated fee.
We are pleased to have the opportunity to submit this proposal and look forward to working with
you on this project. If you have any questions about this proposal, I would be pleased to discuss
them with you at your convenience.
Sincerely,
Two NorthPark / 8080 Park Lane / Suite 600 / Dallas, Texas 75231 / (214) 739-4741
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Mar ie ue uft: iup naznan u Maier G.E. 2147395961
EXHIBIT A
SCOPE OF SERVICES
MINTERS CHAPEL ROAD
CONSTRUCTION PHASE SERVICES
The following describes the scope of services for Construction Phase Services. No
additional Construction Phase Services, beyond those described in this scope, shall be
provided without a revised written scope and negotiated fee.
1. PROJECT MEETINGS
NDMCE will attend the pre -construction meeting, the monthly progress meetings,
and the final construction meeting. The construction contract time is 630 calendar
days. The City of Grapevine anticipates 2 progress meetings per month for the
first 3 months and 1 meeting per month for the remainder of the project. The
budget provides for 25 project meetings with the City and the Contractor.
2. CONSTRUCTION OBSERVATION
NDMCE shall make site visits at intervals appropriate to the stage of construction
and as directed by the City in order to observe the progress and quality of the
Work completed by the Contractor. Such visits and observation are not intended
to be an exhaustive check or inspection of the Contractor's work but rather are to
allow NDMCE, as an experienced professional, to become generally familiar with
the Work in progress and to determine, in general, if the Work is proceeding in
accordance with the Contract Documents. NDMCE will schedule site visits to
coincide with the monthly project meetings to the greatest extent feasible. The
budget provides for 12 site visits beyond those in conjunction with the monthly
project meetings.
Based on this general objective, NDMCE shall inform the City of Grapevine of
our evaluation of the progress of the Work and shall endeavor to guard the City of
Grapevine against deficiencies in the Work. The City of Grapevine shall provide
full-time project representation and inspection. NDMCE will accompany the City
Inspector on a walk-through of the project prior to final acceptance of the work.
NDMCE will only be responsible for Construction Phase Services related to the
observation of civil works for this project. This limitation of responsibility
includes observations and evaluations within areas that have been or may be
identified as contaminated by chromium or other pollutants. NDMCE shall not be
responsible for observation or evaluation of any environmental issues within the
project, including, but not limited to, the handling and disposal of soil and/or
groundwater that may be contaminated by chromium or other pollutants.
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Mar 12 02 04:18p Nathan D Maier C.E. 2147395961
NDMCE shall not supervise, direct or have control over the Contractor's work
nor have any responsibility for the construction means, methods, techniques,
sequences or procedures selected by the Contractor nor for the Contractor's safety
precautions or programs in connection with the Work. These rights and
responsibilities are solely those of the Contractor in accordance with the Contract
Documents.
NDMCE shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or
employees of any of them. NDMCE does not guarantee the performance of the
Contractor and shall not be responsible for the Contractor's failure to perform its
Work in accordance with the Contract Documents or any applicable laws, codes,
rules or regulations.
JOBSITE SAFETY
Neither the professional activities of NDMCE, nor the presence of NDMCE or its
employees and subconsultants at a construction/project site, shall relieve the
General Contractor of its obligations, duties and responsibilities including, but not
limited to, construction means, methods, sequence, techniques or procedures
necessary for performing, superintending and coordinating the Work in
accordance with the contract documents and any health or safety precautions
required by any regulatory agencies. NDMCE and its personnel have no authority
to exercise any control over any construction contractor or its employees in
connection with their work or any health or safety programs or procedures. The
City of Grapevine agrees that the General Contractor shall be solely responsible
for jobsite safety, and warrants that this intent shall be carried out in the City of
Grapevine's contract with the General Contractor.
4. CONTRACTOR'S REQUEST FOR PAYMENT
NDMCE will review the monthly Contractor's Request for Payment for general
agreement with NDMCE's observation of the work in progress. NDMCE will
consult with the City's construction inspector during this review.
REQUESTS FOR CLARIFICATION OR INTERPRETATION; CHANGE
ORDERS
NDMCE shall provide, with reasonable promptness, written responses to requests
from the Contractor for clarification and interpretation of the requirements of the
Contract Documents. NDMCE shall prepare field change instructions and change
orders as necessary to remedy changed or hidden conditions.
6. ' SHOP DRAWING REVIEW
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NDMCE shall review and approve or take other appropriate action on the
Contractor submittals, such as shop drawings, product data, samples and other
data, which the Contractor is required to submit, but only for the limited purpose
of checking for conformance with the design concept and the information shown
in the Construction Documents. This review shall not include review of the
accuracy or completeness of details, such as quantities, dimensions, weights or
gauges, fabrication processes, construction means or methods, coordination of the
work with other trades or construction safety precautions, all of which are the sole
responsibility of the Contractor. NDMCE's review shall be conducted with
reasonable promptness while allowing sufficient time in NDMCE's judgment to
permit adequate review. Review of a specific item shall not indicate that
NDMCE has reviewed the entire assembly of which the item is a component.
NDMCE shall not be responsible for any deviations from the Construction
Documents not brought to the attention of NDMCE in writing by the Contractor.
NDMCE shall not be required to review partial submissions or those for which
submissions of correlated items have not been received.
7. CONTROL STAKING
NDMCE will establish horizontal and vertical control points on the ground. The
construction contractor will use these control points to set construction staking
through the project.
8. RECORD DOCUMENTS
Upon completion of the Work, NDMCE shall compile for and deliver to the City
of Grapevine a reproducible set of Record Documents based upon the marked -up
record drawings, addenda, change orders and other data furnished by the
Contractor. These Record Documents will show significant changes made during
construction. Because these Record Documents are based on unverified
information provided by other parties, which NDMCE shall assume will be
reliable, NDMCE cannot and does not warrant their accuracy.
9. REIMBURSABLES
NDMCE will be reimbursed by the City for direct expenses, such as
reproductions, mileage, and deliveries, at the rate of actual cost.
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