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Item 5DMEMORANDUM June 21, 2005 To: Shana Yelverton, City Manager From: Chuck Kiefer, Interim Deputy City Manager Subject: Professional Services Agreement with Roof Technical Service, Inc. Action Requested: Approve a Professional Services Agreement with Roof Technical Service, Inc. to provide final design, bidding and construction administration services for water proofing Town Hall. Background Information: The construction phase of Southlake Town Hall was completed in November 2000. Immediately after the move into the building, staff noted extensive moisture penetration from the roof and the building's exterior. The Project Contractor, Beck, has since made several attempts to correct the problem with limited success. Last year Tarrant County contracted with Roof Technical Services, Inc. (RTS) to investigate and identify the sources of moisture penetration at Town Hall. A report was issued in November 2004. The City subsequently authorized RTS to conduct a preliminary engineering assessment of the scope of work required to correct the moisture penetration problems and a preliminary estimate of the cost of doing so. The work was completed and a report was issued in April of 2005. Following the issuance of this report, the City, in order to maintain continuity on the project, requested that RTS submit a proposal for a scope of work that included a water test of exterior windows, final design, bidding and construction administration services associated with correcting the moisture problems at Town Hall. Financial Consideration: The total cost of the professional services included in this agreement is $68,750.00. Funds for this project are available from account 100 - 105 -5- 230.00. Citizen Input /Board Review: None Legal Review: The City Attorney's office has reviewed and approved this agreement. Alternatives: The Council may approve or deny this proposal. If corrections are not made, Town Hall will continue to receive moisture from outside and continue to compound damage on the building interior. Support Documents: Roof Technical Services, Inc.'s Proposal Staff Recommendation: Approve the agreement Staff Contact: lss Chuck Kiefer, Interim Deputy City Manager Pedram Farahnak, Public Works Director Charlie Thomas, Public Works City Engineer & Deputy Director PROPOSAL FOR CONSULTING SERVICES #04- 276 /PAGE 2 ROOF TECHNICAL SERVICES, INC. ROOFING SPECIALISTS 1944 Handley Drive, Fort Worth, Texas 76112 (817) 496 -4631 or Metro 429 -8256 Fax 457 -9946 PROPOSAL FOR PROFESSIONAL SERVICES June 9, 2005 Mr. Charles R. Kiefer Interim Deputy City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 ckiefer @ci.southlake.tx.us Re: Letter of Proposal for Professional Services (REVISED) Project: Southlake Town Hall Waterproofing Project RTS No. 04 -276 Dear Mr. Kiefer: WE PROPOSE TO PROVIDE THE FOLLOWING PROFESSIONAL SERVICES: WATERTEST AT EXTERIOR WINDOWS • Rooftech will conduct a water test on approximately two (2) window sections in order to further determine the cause of leaks at the windows and to further determine design for repair. The water test will be performed during weekend hours in order to reduce interruption of city activities. The proposed cost of the water test does not include the cost for City Maintenance Personnel to provide access to the interior of the building /offices during the water test. • Deliverables will include: - Report describing findings and design solutions. - We anticipate 2 weeks to complete this phase of the project. FINAL DESIGN PHASE • Provide a Roof Plan, Elevations and Details for each general condition addressing recommendations for repair as per Pre - Design Report, dated April 29, 2005. The drawings will address repairs to the following issues as listed in the Pre - Design Report 1. Concealed Gutters: Re- design of concealed gutters at metal roof. 2. Exterior Waterproofing: Repair of exterior waterproofing problems (walls /weep holes, windows, stone copings, stairway waterproofing, etc.) PROPOSAL FOR CONSULTING SERVICES #04- 276 1PAGE 3 3. Small Flat Roof — North of Cooling Tower: Replace roof with roofing and flashing that conforms to industry standards. Design will incorporate positive roof drainage. 4. Storm Drain Downspouts: Re- routing of storm drain downspouts to by -pass existing storm drainage system. 5. Trench Drain: Enlarging existing trench drain at vestibule area on West lower level. • Provide specifications describing the scope of work, materials, and the standards. Performance Specifications will not be used for any portion of the scope of work. • Provide a 50% and a 95% review package to City of Southlake. Provide 4 sets of documents. Attend meeting and provide meeting notes. • Provide standard contract forms including a Warranty Bond, Project Advertisement, Notice to Bidders, Proposal Form, Standard Form of Agreement, Payment Bond Form, Performance Bond Form, Standard General Conditions, and Special Conditions modifying the General Conditions to conform to special roofing /waterproofing requirements. • Meet with Owner to review the progress of the drawings at 75% completion. • Develop Maintenance Worksheet for Owner addressing annual maintenance. • We anticipate 6 weeks to complete this phase of the project. BIDDING AND /OR NEGOTIATION PHASE • Invite qualified Contractors and assist Owner in advertising for bids. • Conduct a Prebid Conference with the Contractors. • Make clarifications and modifications in ADDENDUM form. • Provide a Bid Review summarizing the bids and making recommendations. • Assemble and distribute contract between Owner and Contractor. • We anticipate 4 weeks to complete this phase of the project. CONSTRUCTION ADMINISTRATION PHASE • Conduct a Preconstruction Conference at the Jobsite. • Review and approve submittals. • Provide project management services including coordination between Owner and Contractor. • Provide a full -time observer on the project for eight (8) weeks (40 -hour week) and provide a daily observation report. • Provide two (2) periodic observations during the course of the project (1 /month) and provide a report with color photographs. • Approve payment requests and process modifications. • Provide a Certificate of Substantial Completion with a punch list and color photographs. • Provide a Final inspection and a report. • Provide a Warranty Inspection and report no later than eleven months after system acceptance. • We anticipate 12 weeks to complete this phase of the project. WE PROPOSE TO PROVIDE THE SCOPE OF WORK DESCRIBED ABOVE FOR THE FOLLOWING FEE SCHEDULE: PROPOSAL FOR CONSULTING SERVICES #04- 276 1PAGE 4 Work to be provided for a lump sum fee' equal to Sixty -eight Thousand, Seven Hundred and Fifty Dollars and No /100's ($ 68,750.00)' including reimbursable expenses. The fee shall be paid based upon the following schedule: Water Test Final Design Bidding & Negotiation Construction Administration Billed upon completion Billed monthly Billed upon completion Billed monthly Water Test Phase Final Design Phase Bidding & Negotiation Phase Construction Administration Phase Total 4,750.00 26,500.00 2,500.00 35,000.00 $ 68,750.00 PROPOSAL FOR CONSULTING SERVICES #04- 276 1PAGE 5 Footnotes: 1. a. The design fee shall be based on the total amount of work designed including all deductive or additive alternates, but excludes all project contingencies. 2. a. The design fees are for the roof /waterproofing design only. No structural or mechanical engineering costs are anticipated or included. b. In the event the work is terminated before the project is bid, the fee will be based upon the latest cost estimate prepared by the Engineer. An estimate of completed work must be agreed upon between the owner and engineer based on demonstrated completed work. 3. a. If the actual construction time exceeds the construction time for completion of the project, additional observations and general services will be performed as "Additional Services" (see Conditions of the Contract, Section 10). b. The Construction Administration fee must be paid in full upon final acceptance of the project prior to Contractor providing closeout documentation. The Contractor will not be paid in full until all warranties; closeout documents, etc. are received. ADDITIONAL SERVICES If additional services are required, with prior authorization from Owner, the services will be billed on an hourly rate plus reimbursable expenses. See Conditions of the Contract, Section 10 for these rates. Thank you for considering Roof Technical Services, and we look forward to working with you in solving your roofing problems. Please read the attached Conditions of the Contract before signing this Proposal. Respectfully Submitted By Cindy L. Chadwell, AIA, RRC ROOF TECHNICAL SERVICES, INC. President /CEO Accepted this _ day of , 2005. By: Company: Address: Phone & Fax: PROPOSAL FOR CONSULTING SERVICES #04- 276 1PAGE 6 List of Developer Agree CONDITIONS OF THE CONTRACT 1. Cost estimates are made on the bases of experience and represent our best estimates. Roof Technical Services Inc., cannot, and does not, guarantee that proposals, bids or actual Project or Construction Costs will not vary from opinions of probable cost prepared by us. 2. All documents, including Drawings and Specifications, prepared by Roof Technical Services, Inc. are instruments of service in respect to this Project and are not intended, or represented to be suitable for reuse by Owner or others on extensions of the Project or any other project. 3. Roof Technical Services, Inc., shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of the Contractor(s). 4. Jobsite observations shall be made as specified within this document. During such observations, Roof Technical Services, Inc., shall keep the Owner advised as to the progress, shall endeavor to guard Owner against defects and deficiencies in such work, and may disapprove or reject work failing to conform to the Contract Documents. Roof Technical Services, Inc. shall not be responsible for the failure of the Contractor(s) to perform the work in accordance with the Contract Documents. 5. Roof Technical Services, Inc. shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s)' or subcontractor(s)' agents or employees or any other persons (except Roof Technical Services' own employees and agents). 6. DELETE 7. DELETE 8. Reimbursable Expenses shall be billed on a cost plus 10% basis. Below are the costs for our standard reimbursable expenses: REIMBURSABLE EXPENSES Digital Photographs 0.75 per each Copies 0.10 per page Color Copies for Reports 2.00 per page Blue Prints 0.32 per square foot Mylar Sepias 1.60 per square foot Plotting Bond 1.50 per square foot Plotting Vellum 2.00 per square foot Fax 0.50 per page Travel 0.405 per mile Long Distance Fax or Phone Direct Cost Air Fare Direct Cost Parking Direct Cost Taxi Direct Cost Car Rental Direct Cost Hotel Direct Cost Meals Direct Cost Express Mail /Courier Direct Cost Postage Direct Cost Core Repair Direct Cost Outside Consultants /Engineers /Architects Direct Cost Other Outside Services Direct Cost N The cost of the work provided shall be based upon the following rates: HOURLY RATES* Principal Engineer 150.00 dollars per hour Principal Architect 150.00 dollars per hour Sr. Construction Consultant 125.00 dollars per hour Designer 100.00 dollars per hour Project Manager 90.00 dollars per hour Laboratory Manager 90.00 dollars per hour Construction Administrator 75.00 dollars per hour Junior Designer 70.00 dollars per hour Field Observer 60.00 dollars per hour Cad Drafting 55.00 dollars per hour Full -Time Field Observer 50.00 dollars per hour Clerical 50.00 dollars per hour Report Processor 50.00 dollars per hour *These rates are based upon 8 -hour workdays and 40 -hour workweeks, including travel time. Overtime shall be charged in the event that either the 8 -hour workday or the 40 -hour workweek is exceeded. Overtime shall be charged in the amount of 1.5 times the hourly rate and for services performed on Saturdays. Overtime shall be charged in the amount of 2.0 times the hourly rate for services performed on Sundays and on holidays. The overtime rate shall be applied to all time exceeding either 8 hours per day or 40 hours per week, including travel time. A minimum of 4 hours shall be billed for any observation time or consulting works out of the office. A minimum of 2 hours shall be billed for report preparation. Rates for Expert Witness Services shall be charged at a higher rate. A new proposal shall be issued. LABORATORY SERVICES 10 ASTM D3617 Built -up Roof Test Cut ASTM D2829 Built -up Roof Test Cut Modified Desaturation ASTM D2398 Softening Point ASTM D1863 Gradation of Roofing Gravel Moisture Content - Oven Drying Method Infrared Photography /Impedance Testing FM Wind Uplift Testing Fastener Pull Test 200.00 dollars per each 250.00 dollars per each 300.00 dollars per each 65.00 dollars per each 45.00 dollars per each 35.00 dollars per each .06 cents per square foot $2,000 minimum or $150 per hour for a thermographer and camera 250.00 dollars set up and 250.00 dollars per test 750.00 dollars minimum 35.00 dollars per pull Additional services, beyond the original agreed upon Scope of Work, shall be provided based on the reimbursable expenses and hourly rates provided in Sections 8 and 9 listed above. 11. Our anticipated turn around for this type report is 7 working days following the roof investigation. If your schedule requires a quicker response you must notify Rooftech immediately. Verbal representation contrary to this by on -site Rooftech personnel is non - binding. You will be billed $250 to process the rush report in addition to the standard rate quoted above. PROPOSAL FOR CONSULTING SERVICES #04- 276 1PAGE 8 12. Invoices shall be submitted monthly, and payment is due 30 days from receipt of the Invoice. The Owner agrees to pay Interest in the amount of 1% per month for all fees, which have not been paid within 30 days from the date of the invoice. Interest beyond the 30 -day limit shall be based on the applicable regulations in effect at the time of billing. 13. This Agreement may be terminated by either Party upon 7 days written notice. The Owner agrees to pay for all Services rendered to the date of termination including all Reimbursable Expenses and Termination Expenses. 14. Severability and Survival: If any of the provisions contained in this Contract are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision, and this Contract will be construed as if such, invalid, illegal or unenforceable provision had never been contained herein. PROPOSAL FOR CONSULTING SERVICES #04- 276 1PAGE 9