HomeMy WebLinkAboutRes 14-20 Amending the Guaranteed Maximum Price with Steel and FreemanEIIViTJOK91 A113 0611y WR 'A�
THIS PROJECT.
WHEREAS, the Town of Westlake owns and operates the Westlake Academy and
provides facilities for Town and Academy use; and,
WHEREAS, construction manager at risk will amend the original guaranteed maximum
price (GMP) to effectively provide smart board and the infrastructure three story secondary
classroom building, one single story field house and the portable buildings; and,
WHEREAS, the increase will be funded by a transfer from the General Fund to the WA
Campus Expansion -Phase I capital project fund in the amount of $130,000; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby authorizing the
Town Manager to AMENDING THE ORIGINAL GUARANTEED MAXIMUM PRICE
(GMP) with Steele & Freeman, Inc. for construction manager at -risk services establishing a
guaranteed maximum price for the Westlake Academy campus expansion project, attached as
Exhibit "A 9l
SECTI®N 3: That the Town of Westlake Town Council hereby authorizes the Town
Manager or his designee to approve change orders to this agreement up to $25,000, in the
aggregate, on behalf of the Town of Westlake.
Resolution 14-20
Page i of 2
SECTIN 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTIN 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ; DAY
ATTEST:
w�
Kelly Uward6 Town Secretary
ff L. Stilton Lo ry, Town Attorney
La ra L. Wheat, Mayor
Resolution 14-20
Page 2 of 2
IA Document Tm
—
2001
Change Order
PROJECT (flame and address):
CHANGE ORDER NUMBER: 003
OWNER:
Westlake Academy Expansion
DATE: May 16, 2014
ARCHITECT:
2600 J.T. Ottinger Road
CONTRACTOR:
Westlake, Texas 76262
TO CONTRACTOR (Name and address).
ARCHITECT'S PROJECT NUMBER: 13 111 .00
FIELD:
Steele & Freeman, Inc.
CONTRACT DATE: June 17, 2013
OTHER:
1301 Lawson Road
CONTRACT FOR: General Construction
Fort Worth, Texas 76131
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives)
Additional cost to purchase fifteen (15) Smart Board X885, associated equipment, hardware and supplies for
installation in the Secondary School Building and Field House by others.
The original Guaranteed Maximum Price was $ 8,542,930.00
The net change by previously authorized Change Orders $ 88,509.18
The Guaranteed Maximum Price prior to this Change Order was $ 8,631,439.18
The Guaranteed Maximum Price will be increased by this Change Order in the amount of $ 83,815.75
The new Guaranteed Maximum Price including this Change Order will be $ 8,715,254.93
The Contract Time will be unchanged by Zero (0) days.
The date of Substantial Completion as of the date of this Change Order therefore is September 1, 2014.
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have
been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
Bennett Benner Pettit Architects +
Planners
ARCHITECT (Firm name)
500 West 7th Street, Suite # 1400
Fort Worth, Texas 76102
BY (Signature)
(Typed name)
Z
Steele & Freeman, Inc.
Town of Westlake
OWNER (Firm name)
3 Village Circle Drive
Westlake, Texas 76262
DATE
(Typed name)
Ob
DATE
AIA Document G70114" — 2001. Copyright @ 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARN I G Th iMr—
Docur'sert is protected by U.S.Copyright Law and intprnaflonar creates Urlautnorized reproduction or distribution of this rpAo Oocunnern, c any 1
portion of ft, may resvit in severe cr+ ti and crimuria+ pena3ties, znd will be prosecuted to the rnaxt nuts extent possible under the taw. This documentwas
produced by AIA software at 07:52:02 on 05116/2014 under Order No.6297755065_1 which expires on 10/26/2014, and is not for resale.
User Notes: (1718895211)
STEELE &FREEMAN, INC
CONSTRUCTION MANAGERS *
Project:
Job 4610
Westlake Academy Expansion
2600 J. T. Ottenger Road
Vlestlake, Texas 76262
GENERAL CONTRACTORS
LProposed Change
SM Office Use Only:
I'D PC - 13
Prot3osed Chans-re No: 032 Date- 5/16/2074
Submitted To
Additional cost allowance to purchase firteen (15) Smart Board X885 w/UX80 projectors and associated hardware and supplies for installation by others in the
Submitted By
Ryan McGuire
Cost Impact
- Qty
Glenn R. Nowell
Bennett Benner Pettit
Labor (A)
Material (B)
Steele & Freeman, Inc.
500 West 7th Suite 1400
Audio Visual Innovations, Inc.
1301 Lawson Road
Fort Worth, Texas 76102
Fort Worth,'I'cxas 76131
Subject
Additional cost allowance to purchase firteen (15) Smart Board X885 w/UX80 projectors and associated hardware and supplies for installation by others in the
Secondary School Builidng and Field I louse classrooms as directed by the Owner.
Cost Impact
- Qty
Unit
I
Rate
I
Labor (A)
Material (B)
];quip (C)
Cost (D)
Audio Visual Innovations, Inc.
-Smart Boards and associated equipment, hardware,
and
supplies.
S83,815.75
SUBTOTAL 0.00 0.00 0.00
83,815.75
Total Sl' I Work
TOTAL A,B,CD
83,815.75
*THIS ADDITIONAL COST TO BE INCLUDED ONLY IF FINAL COST OF PROJECT EXCEEDS THE ORIGINAL GMP*
Overhead Fee/Profit I -cc 2.000/0 0.00
Payment/Perf. Bond Yee 1.09% 930.34
F3 eneral Liability I"ce 0.63% 537.72
IBuilder's Risk Insurance 14ee 0.08% 68.28 -
VL,1BT0'l'AL Owner Protective Ins., insurance, CM Fee 1,536.34
ITOTAL CHANGE ORDER AMOUNT 85,352.091
IThe Contract Time will be Unchanged by 0 Day
SUBMITI't,"D BY: ACCEPTE'D BY:
Glenn R. Nowell, Project Manager
DA
Audio Visual Innovations, Inc., a wholly owned subsidiary of
AV 1 S P L
Brady Jolet
13859 Diplomat Drive
Suite 180
Dallas, TX 76234
-9 ra Yy.-Jva la4n_�avis PI caTt'
Tel: (972) 243-4422
Fax: (972) 243-5450
To: Glenn Nowell
Company: Steele and Freeman
Address: 2600 JT Ottinger
Roanoke, TX 76262
USA
Quotation # 411970-A
Please indicate above number with order.
This quote is valid for a period of 30 days.
Date: 5/15/2014
Phone: 817-829-6974
Fax:
Email: gnoweli@steelefreeman.com
Item Number
Item Description
City
Unit Price
Extended Price
SMAVVC8
WIRELESS CONNECTION
4
$175.29
$701.16
SMASB885IX2
WHITEBOARD, SMART BOARD X885 W/LIX80 PROJECTOR
15
$4,704.71
$70,670.65
SMASBAL
PROJECTION AUDIO SYSTEM
15
$263.53
$3,952.95
SMAWC8
WIRELESS CONNECTION
16
$175.29
$2,629.35
CAB240510
CABLE, 10' VGA MALE TO MALE WIAUDIO
is
$11.15
$167.25
EXT6058311
PLATE, MAAP ONE GANG (BLACK)
15
$41.18
$617.70
EXT7029311
PLATE, 3.5MM MINISTEREO FEMALE (BLACK)
15
$23.53
$352.95
EXT7030914
PLATE, PASS THROUGH - IFC,MAAP,HD15,5BNC,F,S,QC - BLACK
15
$47.06
$705-90
EXT7061712
ADAPTOR PLATE, HDMI FEMALE TO HDMI FEMALE ON 10-
15
$47.06
$705-90
PIGTAIL
EXT7031511
MODULE, BLACK CONNECTOR - BLANK PLATE (BLACK)
15
$11.76
$176.40
EXT2666312
CABLE, 12' ULTRA FLEXIBLE HIGH SPEED HDMI
15
$52.94
$794.10
Vendor Name and Number
DIR contract
Audio Visual Innovations, Inc.
0012124006
DIR Contract Number
DIR-SDD-2006
Subtotal
$81,374.31
S&H
$2,441.44
Total
$83,815.75
Please note that any taxes on this quote are provided as an estimate only. Actual taxes due will be
calculated at time of invoicing. Any sales tax exemption or resale certificates should be provided to us
upon the acceptance of this quote.
Page I
Print Date: 5/15/2014 5:56 PM
AVI 4:> SPL
AVI-SPL takes pride in the fact that our web site has all the
information you need to make an educated purchasing decision.
We also understand that sometimes it is hard to know exactly
what you need until you see if. Because of this, we offer the
following programs to ensure your satisfaction.
E -Service - it's the additional customer service and user features
we offer our customers. Our site, just like the web itself, is open
24/7. Even if ft's 2 a.m., you can start processing a customer
service request online (www.avispl,corn). We'll respond to your
request within the next business day. If a request is sent to us on
Friday after 4:00pm EST we will contact you on Monday. You may
choose to call us between 8 a.m. and 6 p.m. EST at 800-282-6733
Ext. 8250.
OUR HASSLE -FREE RETURN PROGRAM
Our thirty -day return program means you may return your
purchase, excluding special orders and/or non -stock products, to
us should you be dissatisfied with your purchase within thirty (30)
days of receipt*** of the product. You must return the item(s) to us
by 2nd day freight, insured for full value, with original packaging,
documentation, blank warranty card, original UPC codes on the
manufacturer boxes, all manuals and accessories.
If your projector has four (4) or more hours on the lamp and
evidences excessive wear and tear, you will be refunded your
purchase price less a low 15% restocking fee. The re -stock fee will
also apply for stocking items that evidence excessive wear and
tear. Freight charges, for delivery and return, and related
insurance charges, will not be refunded or credited. All returned
items are subject to the criteria stated below in the section
"Condition of Returned Items." No return will be accepted and no
refund made on any product thirty (30) days after receipt.
Special order products include but are not limited to: non-portable
screens, custom cases, cables, ceiling mount kits and other non -
stock items. Your Account Manager will advise you at the time of
purchase if any item(s) in your order fall within this category. In
case of defective product, warranties on plasma displays are
offered and honored by the manufacturers. Most manufacturers
offer standard one-year limited warranties for parts and labor only;
exchanges and returns are not permitted by such warranties.
Because this is a special order item that requires careful transport,
we cannot accept returns of plasma display units to AVI-SPL.
However, if a problem arises with your plasma display, or if the
unit is defective, we will work on your behalf to coordinate a more
expedient resolution of the matter with the manufacturer.
Accessories: Please note that all accessories are subject to a 15%
restock fee. We are unable to accept returns on lamps that have
been opened or used. Special order or customized items may not
be returned.
DEFECTIVE* or D.O.A.** PROGRAM
In the case of a defective* or D.O.A." product(s), no charges will
apply. Our Customer Service team must be notified within 30 days
of your invoice date if there are any problems with any item(s)
upon receipt***. Defective* or D.O.A." merchandise will be
repaired and returned, or exchanged for the same make and
model, or for a product of equal value as allowed by the product
manufacturer's policies, There are a few manufacturer exceptions
to this policy: Sanyo offers a 10 day DOA** policy and Toshiba
offers a 14 days of receipt*** DOM* products. Sony has a repair
only policy.
Please note: non -new, remanufactured or refurbished B -stock or
C -stock products are not eligible for exchange if they are
Defective* or D.O.A.". They are eligible for factory authorized
repairs only. You may either contact our Customer Service team
at 800-282-6733 Ext. 8250 or the manufacturer for repair options.
Our policy for Defective* or D.O.A,** items on special ordered
products will depend on the manufacturers' warranties.
* Defective means: Any product that fails to meet the factory
specifications determined by the manufacturer.
D.O.A. means: Dead On Arrival --Product will not power up.
*** Receipt is the date provided by the carder as proof of delivery
or the date of the signed delivery receipt for your product.
MANUFACTURER PIXEL POLICIES
Please know that our suppliers only provide us with their highest
quality units available. On occasion a projector may have 1 (one)
or more "Off" or 'Out" pixels, also referred to as "Bad" pixels. It is
industry standard to allow for a few "Bad" pixels on an LCD panel
or DMD chip. The actual placement and number of "Bad" pixels
allowed varies by manufacturer. The issue of "Bad" pixels does
not qualify a projector for replacement as a "Defective" or "D.O.A."
unit, but may be returned to the manufacturer for their evaluation;
their decision is final in each of these cases. We apologize for any
inconvenience the manufacturers' policies may cause.
EASY EXCHANGE PROGRAM
So you want to exchange your projector for another model? No
problem. AVI-SPL also offers a (7) seven-day exchange program
with no restocking fee.
You may trade -up to a more expensive projector model and pay
only the difference between the two selling prices on the two
products within seven (7) days of receipt of the original product.
You are also required to pay the freight and insurance for full
value for the return of the first projector and shipping for the
second unit. Exchanged projectors require RMA numbers and
shipment by 2nd day freight, insured. All sales are final on
upgraded purchases. All returned items are subject to the criteria
stated Mow in the section "Condition of Returned Items." For all
returns, contact AVI-SPL's Customer Service team at 800-282-
6733 Ext. 8250 before the seventh (7th) day to request an RMA
(Returned Merchandise Authorization), or please complete the
online RMA request form at t1!g.L//wwwavisp1.com/service-
si�rt/rmmaas
CONDITION OF RETURNED ITEMS
All returned items must be in new and resalable condition and
meet the following criteria:
DO NOT WRITE ON THE BOX. If the box is written on,
the returned products will be refused. DO NOT black out
or deface manufacturer bar codes and/or labels such as
serial numbers; the cost of a replacement box will
automatically deduct from your credit.
UPDATED 6/2412008 MMO
° Ifthe lamp has four (4) or more hours, mifthe product is
returned damaged, missing Komo, or exhibits excessive
vw»a, and haac m 15% restocking fee with apply
regardless ofother return orexchange terms.
° Clearly place the RMA number onalabel and attach )t to
the outside nfthe box ORinclude the RMA number inthe
"Ship To" address line.
• The RMA number will beopen for from
date when issued to you. After that time the RMA
number will automatically CLOSE and you will |oou the
option toreturn nrexchange the products.
= Product must be inthe original shipping carton with all
original packing material.
° Include all manuals, wernan4o/guomntoeinhonnaUon and
oco*aaoheo in their original wrapping/packing material.
The actual replacement cost for missing items will be
deducted from your nefund±redit.
" Customer pays shipping costs and must insure the
package for the purchased value. Acceptable shipping
carriers are UPS. FedEx. DML" or Airborne. Please do
not send return merchandise vin U.G. Mail urany other
method; it will be refused. Products returned by U.S.
Mail will not becredited arexchanged.
INTERNATIONAL AND WHOLIESALEIRESELLERS
(US OR INTERNATIONAL)
All sales are final, noreturns orcredits. AVI-8PLmay approve an
upgrade within seven (7) days to an item of greater value. If
oppnmed, purchaser must receive an RMA # from AV| -SPL
Customer Service Team. Purchaser in responsible for all shipping
charges and/or duties incurred.
FOR ITEMS DAMAGED DURING TRANSPORT
AVI-SPLendeavors touse reliable and reputable carriers, but
occasionally shipping damage does occur. Resolving the problem
of transit damage or loss depends on the cooperation o/ all
parties. All shipping damage claims must be made against the
common umrhec then»fone, it is imperative that you follow these
1j Inspect all shipments upon arrival. If damage or loss is
apparent upon delivery, do not accept the shipment until you make
a notation of the damage on all copies of the carrier's pro bill and
have the driver sign all copies to acknowledge the notation. Do not
sign a clear receipt for damaged or missing cartons or there will be
no basis for a claim. Ask the carrier to make a detailed inspection
of the damage. File a claim with the carrier. Cooperate and follow
up as necessary to secure final settlement.
2.) Evan if damages are acknowledged in writing by the driver,
you must request an inspection by the carrier and retain the
merchandiso, omrton, and package materials o1the address to
which shipment was made until the carrier authorizes movement.
The carriere1 provide you with an inspection report. In case of
concealed damage, inspection must berequested within 5days of
receipt ofshipment.
3.) Immediately advise AVI-8PLofall damages problems. DO
NOT RETURN MERCHANDISE TO AVI-SPL File your claim with
the carrier, enclosing copies of the bill of lading (signed by the
driver) and inspection report as support. Keep all packing
materials and boxes with the damaged product. Do not throw
anything evway. Although AV( -SPL will provide any assistance
possible, wecannot baresponsible for the actual filing ofclaims
onthe carrier oraccept liability for non -collectable freight claims.
WARRANTY
"New in Box merchandise includes the manufacturer's standard
warranty excluding consumable items such as lamps.
Manufacturers may include an extended warranty service beyond
their standard warranty period on certain items. Manufactures
provide oone (1)year warranty orless (unless specified otherwise
on your invoice or packing slip) on non -new, remanufactured or
refurbished, B- or C -graded stock items that covers repair only.
Non -new, remanufactured or refurbished, B- or C -graded products
do not qualify for D.O.A. exchange. These products will be
repaired and returned to purchaser.
Please confirm warranty coverage at the time of your purchase.
8V|-SPLdisclaims all warranties, express orimplied, including any
warranty ofmerchantability mfitnesofor mparticular purpose. AV|-
QPLofera nowarranties that extend beyond the description on
the face hereof.
REFUNDS
Established Account: Afull refund will not boissued if
account has on open balance. Acredit memo will beissued, and
credit will be applied first to the invoice on which the products
were purchoond, then boany other open invoices on the account,
beginning with the oldest invoice. Any credit balance remaining
will berefunded usoutlined below.
Credit Card: All refunds for purchases made bycredit Gard will bo
issued aamcredit to that same account within areasonable period
oftime after inspection ofreturned products.
Check: All refunds for purchases paid by oheuk, whether prepaid,
C.O.D., or open terms (Net 10 or Net 30 , will bepaid byrefund
check within m reasonable amount of time, after inspection of
returned products.
NON SUFFICIENT FUNDS AND OVERDUE ACCOUNTS
A*25returned check fee will bocharged for any checks returned
NSF. Future shipments muotbepm-paid bycashier's check. All
collection ono1e, including attorney's fees and court costs will be
charged to the purchaser in the event that it is necessary totake
legal action to collect. No further orders will be shipped until
restitution has been made.
LAW AND VENUE
The laws ofthe state of Florida shall govern AN -SPL sales
invoices. Venue for any legal action relating tosuch sales invoices
shall beHillsborough County, Florida.
ENFORCEMENT
Failure byAN-SPLtoenforce any Purchase Policies does not
constitute mwaiver ofany portion ofour Purchase Policies.
LIMITATION 0fLIABILITY
AV| -SPL uhm|| not be liable under any circumstances for any
consequential, |nddanta|, opnuoi urexemplary damages arising
out ofor in any connection with this agreement or the pmducta,
including but not limited tolost profits, lost data, orany claim
based onindemnity orcontribution, o,the failure cfany limited nr
exclusive remedy to achieve its essential purpose or otherwise.
Punohoeo/a exclusive remedy, as against AV[ -SPL shall be the
repair orreplacement ufdefective parts, |fAV|-8pLlists aproduct
onits web site adoprice inerror, orthat |unolonger available for
any reason, AV|-6PLreserves the right 10cancel the sale without
incurring any liability.
UPDATED 612412008 mwo