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Item 4M CITY OF SOUTHLAKE 4M - 1 MEMORANDUM November 23, 2016 To: Shana K. Yelverton, City Manager From: Chris Tribble, Director of Community Services Subject: Approve contract with Fugro Consultants, Inc. for construction materials engineering, testing and inspection services for The Marq Southlake Champions Club for an amount not to exceed $110,000 Action Requested: Approve a contract with Fugro Consultants, Inc. for construction materials engineering, testing and inspection services for The Marq Southlake Champions Club project in the amount of$110,000. Background Information: The City of Southlake officially kicked-off The Marq Southlake Champions Club project a few weeks ago with a groundbreaking ceremony on November 10, 2016. The next step in the construction of the Champion Club facility is for the City to hire an engineer for construction materials engineering, testing and inspection services for the project. State Government Code Title 10, Chapter 2269.058(a), "Contracting and Delivery Procedures for Construction Projects — Use of Other Professional Services" states: Independently of the contractor, construction manager-at- risk, or design-build firm, the governmental entity shall provide or contract for the construction materials engineering, testing, and inspection services and the verification testing services necessary for acceptance of the facility by the governmental entity." In October 2016, the City received a proposal from Fugro Consultants, Inc. to provide the following scope of services for an estimated amount of $102,624. • In-place density testing of pavement and sidewalk subgrade, pads, utility backfill and other miscellaneous areas; • Reinforcing steel inspection; City of Southlake Values: Integrity Innovation♦Accountability♦ Commitment to Excellence♦ Teamwork Community Enhancement & Development Corporation 4M - 2 Meeting Date — November 29, 2016 Page 2 of 3 • Concrete placement monitoring and compressive strength testing; • Pier drilling observation/documentation; • Structural steel inspection/testing; • Masonry mortar/grout inspection/testing (periodically) Fugro was founded in 1962, and provides these services worldwide. The have proven successful in providing these services for the City on the recent North Park and The Marq Southlake Phase 1 projects. A copy of the proposal from Fugro Consultants, Inc. is attached to this memo for your consideration. Financial Consideration: A total budget of $37,400,000 is approved in the FY 2017 CEDC CIP for The Marq Southlake Phase 2 project. These services are included within the budget as an owner (City) expense. Strategic Link: This item is linked to the City's Strategy Map related to the focus areas of Quality Development and Infrastructure and meets the corporate objectives to Invest to Provide & Maintain High Quality Public Assets and to Provide Attractive & Unique Spaces for Enjoyment of Personal Interests. It also addresses the City's Critical Business Outcomes CB05 to Improve Quality of Life Through Progressive Implementation of Southlake's Comprehensive Plan Recommendations. Citizen Input/ Board Review: Community Enhancement & Development Corporation consideration November 29, 2016 City Council consideration December 6, 2016 Legal Review: N/A Alternatives: Alternatives may include: ■ Approve Contract as presented ■ Approve Contract with input as desired ■ Decision not to approve Contract City of Southlake Values: Integrity♦ Innovation♦Accountability♦ Commitment to Excellence♦ Teamwork Community Enhancement & Development Corporation 4M - 3 Meeting Date — November 29, 2016 Page 3 of 3 Supporting Documents: Fugro Consultants, Inc. Engineering Services Proposal No. 04.41162089 dated October 11, 2016 Staff Recommendation: Approve contract with Fugro Consultants, Inc. for construction materials engineering, testing and inspection services for The Marq Southlake Champions Club project in the amount of$110,000. City of Southlake Values: Integrity♦ Innovation♦Accountability♦ Commitment to Excellence♦ Teamwork 4M - 4 `V- FUGRO CONSULTANTS, INC. CONTRACTOR WORKING 6 DAYS PER , Loop 820 N. Texas 76118 Tel: 817-284-9695 Fax: 817-284-4480 October 11, 2016 Proposal No.04.41162089 Mr. Peter Kao, P.E. Construction Manager CITY OF SOUTHLAKE 1400 Main Street,Suite 210 Southlake, Texas 76092 COST ESTIMATE FOR CONSTRUCTION MATERIALS ENGINEERING AND TESTING SERVICES FOR THE MARQ SOUTHLAKE CHAMPIONS CLUB SOUTHLAKE, TEXAS Dear Mr- Kao: We are pleased to submit our cost estimate to provide construction materials testing services for this project. Our estimated cost for the above referenced project Is$102,624.00. A Dost breakdown based on the project plans and specifications and some contractor schedule and quantity information is attached. Our firm Is a member of the American Council of Engineering Laboratories, meets the basic requirements of ASTM E 329, is AASHTO accredited and is authorized to operate in the State of Texas. SCOPE OF SERVICES We estimate that the following services will be required: ■ In-place density testing of pavement and sidewalk subgrade, pads, utility backfill and other miscellaneous areas; ■ Reinforcing steel inspection; ■ Concrete placement monitoring and compressive strength testing; ■ Pier drilling observation/documentation; • Structural steel inspectiorAesting; • Masonry mortar/grout Inspectionitesting.(Periodically) BUDGET RECOMMENDATIONS FOR TESTING SERVICES Our budget recommendations are based upon the project plans and specifications prepared by Barker, Rinker, Seacat Architects dated September 29, 2016. Unit Fees and Budget Recommendations are attached detailing the number of tests proposed and our unit fees for performance of these tests. Our unit fees include all estimated technician time and administrative charges for performance and review of tests. Our invoices will be based on the enclosed unit rate schedule and only on the actual work performed. A member of the Fugro group of companies wrth offices throughout the world, 4M,-, 5 THE MARo SOUTHLAKE CHAW40NS CLUB tlf'I rr`I_'LL:I :1 Proposal No.04.41182089 OctAw 11,2018 TERMS AND CONDITIONS Please we attached schedule 40.01 (Nov. 10) for terns and conditions for providing testing services. This project will be billed on the basis of work performed at the attached unit fees. Our services will be billed monthly with payment expected upon receipt of our invoice. The scheduling of our services at this project will be through the project general contractor. Materials testing services are for quality control purposes only. Although our personnel do not have responsibility for job site safety of others or shop-work authority, they will conduct their work in a safe, workmanlike manner and will observe work sibs safety requirements. To indicate acceptance of our proposal, please have the signature block below signed by a duly authorized person in the space provided and return the attached copy to us for our files. Whoever signs this proposal is identified as our Client as used per the attached proposal and throughout schedule 40.01. We thank you for the opportunity to submit this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need any additional information. Sincerely, FUGRO CONSULTA , INC. TBPE Firm on No.2 K' Coo , E. Vice Presid 1 Branch Manager FKC:bi Enclosures CLIENT: Authorizing Signature Company Name and Title Dale 2 THE MARQ 5DUTHLAKE CHAMPIONS CLUB 4M ,.7., 6 Proposal No.04.41162089 Juaa Odober 11,2016 PROFESSIONAL AND TECHNICAL FEES 1.0 Analysis, Consuttation, and Report Preparation. Fees for our professional services, including project administration, are based on the time of professional, technical, and other support personnel directly applied to the project. Personnel participating in judicial proceedings, whether it be expert or witness testimony, delivery of depositions, consultation to legal counsel, or preparation for such, will be billed at 1.5 times the standard rates quoted below_ Overtime rates for hourly personnel will be billed at 1.35 times standard rates. Rates for Sunday and holiday work and emergency response will be quoted on request. Principal $200 Senior Consultant $170 Senior Professional $150 Project Professional $125 Testing Supervisor $100 Staff Professional $ 90 Specialist Technician $ 70 Drafter $ 60 Senior Technician $ 65 Word Processor $ 55 Technician $See attached proposal Associate Technician $See attached proposal Technician Trainee $ 42 2.0 Other Services. Project may require other services, such as: field exploration, field or laboratory testing, reproduction,or computer services,which are not covered by this schedule. Notes: (1) The above rates are based upon performing these services in non-hazardous, non-toxic environments. (2) Overtime rates are billed after 8 hrsAechnicianlday and Saturday services and for services provided prior to 7:00 a.m. and after 5:00 p.m. (Sunday/Holiday rates quoted upon request.) (3) All services are billed portal to portal. Minimum 2 hours chargehrip. (4) Our fees do not Include temperature control for the Initial field-curing environment of the compression test cylinders, or the supplying a temperature controlled curing box. This we would assume to be supplied by the concrete supplier or contractor If required. 3 4M.1- 7 THE NARQ SOUTHLAKE CHAMPIONS CLUB fJ[' %up, Proposal No.04.41162089 October 11,2016 CONTRACTOR WORKING fi DAYS PER WEEK CONSTRUCTION MATERIALS ENGINEERING AND TESTING SERVICES FOR THE MARQ SOUTHLAKE CHAMPIONS CLUB SOUTHLAKE,TEXAS PROPOSAL NO.04A1162089 1.0 EARTHWORK TESTING Sample soils in field to perform laboratory tests to establish moisture/density relationships, determination of liquid limit, plastic limit and plasticity of soils, perform in-place density tests on subgrade and backfill. Proposed ITEM DESCRIPTION Quantity Unit Rate Amount 1.1 In-Place Density Tests (Minimum 2 Density 400 ea. $17.00 $6,800.00 R!wtri 1.2 Moisture Density Relationship ASTM D 698) 6 ea. $160.00 $960.00 1.3 Atterberg Limits Tests(Liquid Limit,Plastic Limit 6 ea $50.00 $300.00 and Plasticity Index tests 1.4 Percent Passing—200 6 ea. $30.00 $150.00 A 1.5 Technician Time(Sampling&Testing)—Regular 300 hrs. $46.00 $13,800.00 Time A 1.6 Technician Time(Sampling&Testing)—Overtime 100 hrs. 1 $62.101 $6,210.00 SUBTOTAL EARTHWORK TESTING 1 $28,250.00 A Includes fulltlme inspection of placement of 3 F4 of select fill or crashed stone beneath the pool stwctum 4 weeWcontractor. 2.0 DRILLED PIER VERIFICATION Observation of drilled piers installation, placement of reinforcement steel and concrete placement. Proposed ITEM DESCRIPTION Quantity Unit Rate Amount ►2 1 Pier Drilling Observation—Regular Time 240 hrs $52.00 $12,480.00 1 Technician 30 Da /Contractor ►2.2 Pier Drilling Observation—Overtime 120 hrs. $70.20 $8,424.00 1 Technician 30 Da /Contractor SUBTOTAL DRILLED PIER VERIFICATION $20 904.00 ► This estimate is for one techniclan. If another technician is required due to the drill rigs being spread a great distance apar4 then that would be an additional expense. 4 4M - 8 THE MARQ SOUTHLAKE CHAMPIONS CLUB Proposal No.04.41162088 f October 11,2016 i CONTRACTOR WORKING b DAYS PER WEEK 3.0 CONCRETE TESTING Sample concrete In field,perform slump and air tests(air entrained concrete)for each set of cylinders. Identify time batched and time of placement, record concrete and ambient temperatures,weather conditions and water added onsite. Cast,transport,test and report as results are made available. Proposed REM DESCRIPTION - Quantity Unit Rate Amount Compressive Strength Cylinders{based on 5 ea. 3.1 4"x 8"cylinders per set/100 cubic yards 400 ca. $17.00 $6,800.00 3.1.1 All Placements Technician Time—Concrete Inspection—Regular 3.2 Time 300 hrs. $46.00 $13,800,00 3.2.1 All Placements 3.3 Technician Time—Concrete Inspection—Overtime 100 hrs. $62.10 $6,210.00 SUBTOTAL CONCRETE TESTING $26,810.00 4.0 MISCELLANEOUS ITEM DESCRIPTION Proposed Quaa#q Unit Rate Amount 4.1 Structural Steel Erection Inspection/Testing 100 hrs. $56.00 $5,600.00 in um 4 hr&/tri 14.2 Compressive Strength Tests of Mortar Cubes 150 ea. $14.00 $2,100.00 Technician Time 80 hrs. $46.00 $3,680.00 4.3 Grout Specimens 180 ea. $14.00 $2,520.00 Technician Time 80 hrs. $46.00 $3,680.00 4.4 Reinforcing Steel Ins ection 1 40 hrs. $52.00 $2,080.00 4.5 Vehicle Charge,trip 140 ea. $50.00 $7,000.00 SUBTOTAL MISCELLANEOUS $26,660.00 TOTAL ESTIMATED COST $102,624.00 5 4M 9 FUGRO CONSULTANTS, INC. Schedule 40.01 (Rev.Nov 10) 7. Page 1 of 1 GENERAL CONDITIONS FOR TECHNICAL SERVICIES 1. Pardeato This AaMgmnt CLIENT as used heroin is the entity who authorizes performance of services by Fugro Consultants,Enc, (FUGRO) under the conditions stated herein. FUGRO as used herein includes,Fugro Consultants, inc.,Its employees and officers,and Its subcontractors and sub-conauttants(Including afllated corporations). 2. On-so 50maillaill*and MOM 2.1 Right-of-Entry. Unless otherwise agreed, CLIENT veil furnish unfettered righb-of-ontry and obtain permits to required for FUGRO to perforin the fieldwork 2.2 Damage to Property. FUGRO Will take ressonabfe precautions to reduce damage to land and other property caused by FUGRO's operations. However, CLIENT understands that damage may occur and FUGRO's fee does not include the cost of repairing such damage. If CLIENT deslres FUGRO to repair and/or pay for damages,FUGRO/Anil undertake the repairs and add the pre-agreed cost to FUGRO's fee. 2.3 Toxic end Hazardous Materials. CLIENT will provide FUGRO with all Information within CLIENT's possession or knowledge as to the potential occurrence of toxic or hazardous materials,or lNological Pollutants(as defined In 9.below)at the site being investigated. If unanticipated toxic or hazardous materials, or biological pollutants are encountered, FUGRO reserves the right to demobilize FUGRO's field operations at CUENTs expense. Remobil"tion will proceed following eonsultatlon with FUGRO's safely coordinator and CLIENT's acceptance of proposed safety measures and fee adjustments. 2.4 Utilities and Pipelines. While performing FUGRO's fieldwork,FUGRO cull We reasonable precautions to avoid damage to subterranean end subaqueous structures, plpolnes, and utlltiea. CLIENT agrees to defend, indarnnify, and hold FUGRO harmless for any damages to such structures,poelines,and utiltias tfut ars not called to FUGRO's attention and/or correctly shown on plans furnished to FUORO. 2.5 Sits Safety. FUGRO is not responsible for the Job site safety of others, nor does FUGRO have stop-work authority over work by others. However, FUGRO Will conduct Its work In a as%,workman-like manner, and Wil observe the worksite safety requirerrots of CLIENT that have been communicated to FUGRO In writing. 3. StaWard of Caro 33.1 FUGRO will perform its services consistent with that level of caro and W11 ordinarily exercised by members of the professlon currently practicing under similar conditions In the same kKatlon. 3.2 CLIENT acknowledges that conditions may vary from those encountered at the loeatlon where borings,surveys, or explorations are made and that FUGRO's data, Interpretations, and recommendations are based solely on the Information available to FUGRO, and FUGRO Is not responsible for the Interpretation try others of the information developed. 4. Limltsdon of ftemase To the greatest extent permitted by law. CLIENT's sole remedy against FUGRO for cisima and liabilities In any way artsing out of or directly or Indirectly related to FUGRO's work for CLIENT will not exceed an aggregate limit of$60,000 or the amount of FUGRO's fee, whichever is greater, regardless of the legal theory under which remedy Is sought, whether based on negligence (whether sole or concurrent,active or passiveL breach of warranty,breach of contract,strict liability or othwwIse. In the event CLIENT does not wish to limit FUGRO's remedy to this sum, and if CLIENT requests in writing prior to acceptance of this Agreement, FUGRO agrees to negotiate a greater remedy amount In exchange for an Increase in scope and fes appropriate to the project and remedy risks Involved. 5. Involoea and Pavmant At FUGRO's discretion, Invoices will be submitted at the completion of task elements,or monthly for services rendered. Payment Is due upon presentation of FUGRO'a Invotoe and Is past due 0"-(30)days from irmvoice date. CLIENT agrees to pay a financing charge of one percent(I%) per month (or the maximum rate allowable by law, whichever Is less), on past due accounts, and agrees to pay allDmays fees or other costs Incurred In collecting any delinquent amount. 5, Data,Records.Work Productand qrt(s).and Samples Data, Records, Work Product and Report(s) aro FUGRO's property. All pertinent records relating to FUGROs services shall be retained for a minimum of two (2) years after completion of the work CLIENT shall have access to the records at all reasonable times during said period. FUGRO will retain samples of soil and rock for a minimum of 30 days after submission of FUGRO's report unless CLIENT advisee FUGRO otherwise. Upon CLiENrs written request,for an agreed charge FUGRO will store or deliver the samplrrs In accordance with CLIENTs instructions. 7. IndgmnifI Each party(Indemnitor)shall protect, defend, Indemnify and hold harmless the other party(Indemnitee)from and against any claims,damages, losses, and costs arising from this Agreement or the project, Including, but not limited to, reasonable attomeys fees and alligation costs, to the extent such claims, damages, loses,or costa aro caused by the negligence of the Indemnitor regardless of the negligence of the Indamnitse its employees,alflilated oorporations,officers,and sub-tier parties in connection with the preisa a. NotwHhstanding any other provision of this Agreement,CLIENT and FUGRO waive end release any clalm against the other for loss of revenue, profit or use of capital,lose of services. business Interruption and/or delay,We of product, production delays,losses resuftlng from failure to meet ottwr contractual oommiWonta or deadlines,downtime of facilities, or for any special, Indirect, delay or consequential damages resulting from or arising out of this Agreement,or as a result of or in c onneotfon with the work,and whether based on negligence(whether sole or concurrent,active or passive),breach of warranty,breach of contract,strict Itabllty,or otherwise. 9. FUGRO's scope of work does not Include the Investigation, detection, or design related to the presence of any Biological Pollutants. The term 'Biological Pollutants'Includes,but 1s not limited to,mold,fungi,spores,bacteria,and viruses,and the byproducts of any such biological organisms. CLIENT agrees that FUGRO will have no lability for any claim regarding bodily Injury or property damage alleged,arising from,or caused directly or indirectly by the presenoe of or exposure to any Biological Pollutants. In addition,CLIENT will defend, Indemnify, raid hold harmless FUGRO from any thud party claim for damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants- If CLIENT requests In writing prior to acceptance of this Agreement,FUGRO will negotiate a greater limitation amount,and remove CLIENT's responsibilities, in exchange for an Increase in fee to develop an expanded scope of work to provide biological poikutant protection. 10. Aamptance ofAureement These GENERAL CONDITIONS have been established in large measure to allocate certain risks between CLIENT and FUGRO. FUGRO will not initiate service without formal agreement on the terns and conditions set forth in these GENERAL CONDITIONS. Acceptance or authorization to Initiate services shall be considered by both parties to constitute formal acceptance of all terms and conditions of these GENERAL CONDITIONS. Furthermore, all preprinted terms and conditions on CLIENTS purchase order or purchase order acknowledgment forms aro inapplicable to these GENERAL CONDITIONS and FUGRO's involvement In CL1ENTs project. 11. Termination gf Conte CLIENT and FUGRO may terminate services at any time upon ten (10) days written notice. In the event of termination, CLIENT agrees to fully compensate FUGRO for services performed including reimbursable expenses to the termination date,as well as demobilization expenses. FUGRO will terminate services without waiving any claims or Incurring any liability. -In 4M - 10 A�Rte' CERTIFICATE OF LIABILITY INSURANCE DATE"MMOfty" 7/1/2017 7/8/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CEMY)CATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT.H the aartManu holder Is an ADDITIONAL INSURED,the pol"Ies)must be erdoned. K SUBROGATION IS WANED,subject to the terms and conditions of Ow policy,certain policies may require an endorsement A statement On this certificate,does not conWr rights to the cartincarY holder In lieu Of such WIKIO OFFIW(s), PRODUCER LOCKTON COMPANIES 6847 SAN FELIPE SUITE 320 Ne HOUSTON TX 7fO 866-260-3638 A: LikLay Mutual Fire Insuranoe Co NsUFZD Fuu9graConsultartis,Inc, IlISURBte: 1386614 251 Wortp 2 NorthINSURER O: FaftCg.vERAQEs012 CERT! 14144 ION THIS IS TO CE FY THAT THE POLICIES OF l URANCE LISTED BELOW HAVE BEE ISSUED TO THE INSURED NAMED WIR THE POL1C P IOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LFMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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M SUBROGATION IS WAIVED,subject to the terms and candittons of the policy,certain policies may require an endorsement A statement on this certillente does not confer rights to the Cerdficate holder in lieu of such endorsemen e PRODULIM Mir Arthur J.Gallagher Risk Management Services,Inc. PfroNe g14-69g-3700 PA" 9!4-696-1010 2 Westchester Park Dr 3rd F1 White Plains NY 10604 MURe NOCMRAOE RAIDS WSWRIEFLA:Allfed World Surplus Lines Insurane 24319 INSURED FUGRUSA-02 wsuRNR e: Fugro Consultants,Inc c: 2517 E.Loop 820 North Fort Worth,TX 76118 IlrsuR�tD: INSURER E IN PERF: COVERAGES CERTIFICaJE NUMBER•2099270527 REMION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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