HomeMy WebLinkAboutRes 02-15 Ratifying a Contract with HBC Engineering TOWN OF WESTLAKE
RESOLUTION NO. 02-15
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, RATIFYING A CONTRACT WITH HBC
ENGINEERING, INC. FOR GEOTECHNICAL SERVICES FOR THE
WESTLAKE TOWN HALL.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS;
SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby
ratify a contract with HBC Engineering, Inc. for geotechnical services for the Westlake
Town Hall.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 22nd DAY OF APRIL, 2002.
f
ATTEST: Scott Bradley, Mayor
Ginger own Secrct Trent O. Petty. Town Manag r
APPROVED AS T"rvn
O FORM:
L. aey
4
April 9, 2002 ]Fir
ENGINEERING,INC.
a division of1rerracon
Town of Westlake
3 Village Circlee 7
#207 Solona
Westlake, TX 76262
Attn: Mr. Trent Petty
Re: Proposed Towncenter/School
Ottinger Road
Westlake, Texas
HBC Proposal No. P02940597
Gentlemen:
HBC Engineering (HBC) appreciates your expression of confidence in selecting our firm to provide
geotechinical services for the referenced development. Based on discussions with Mr. David Smith
with Graham Associates we have developed the following scope of work, schedule, and budget for
the work.
PROJECT INFORMATION
The project site is on the west side of Ottinger Road south of Fellows Cemetery. The area of
construction falls in all directions from an elevation of about 698 to about 682. There are scattered
trees on the site.
Proposed construction consists of one level structures. A partial basement could be included in one
building on the west side. Based on discussions with Mr. Mark Peterman at L.A. Fuess Partners,
column loads are expected to be less than 150 kips.
Nine borings are planned for the structures. Three borings are planned down slope to the west
where playing fields will be constructed. One boring will be drilled in the area of a future road.
FIELD & LABORATORY STUDIES
The anticipated stratigraphy consists of up to 20 feet of sandy clay overlying a limestone and shale
bedrock. HBC proposes to extend the nine structure borings about 10 feet into the bedrock, which
results in estimated boring depths of up to 30 feet. The playing field borings are planned to be 20
feet deep, and the roadway boring 10 feet deep.
In the borings cohesive soils will be sampled using thin walled tubes. Cohesionless soils, if
encountered, will be sampled during performance of the Standard Penetration Test. Sampling will
be continuous to five feet and intermittently thereafter at a maximum of five feet. All samples will
be extruded, logged, sealed and packaged in the field to maintain their moisture content and reduce
disturbance during transportation to the laboratory. The load carrying capacity of bedrock will be
Houston Dallas Fort Worth Austin
11555 Clay Road 8901 Carpenter Frwy. 2601 Gravel Drive 5307 Industrial Blvd.
Suite 100 Suite 100 Fort Worth,TX 76118 Suite 160
Houston,TX 77043 Dallas,TX 75247 (817)268-8600 Austin,TX 78735
(713)690-8989 (214)630-1010 Fax(817)268-8602 (512)442-11'_2
1-1— 9—014)r'10-'70'7n Fax(512)442-1181
I—BC
Town of Westlake
Mr. Trent Petty eaa,+.»ai-Uermccn
April 9, 2002
Page 2
evaluated in the field using the Texas Department of Transportation Cone Penetration Test.
An experienced geotechnical engineer will review the boring logs and samples. Laboratory tests
will be conducted on representative samples to evaluate the pertinent engineering properties of the
materials encountered. Atterberg Limits will be performed to classify the clay soils and as an
indication of their volume change potential. In-situ moisture contents will be performed to evaluate
the consistency of the soils. Absorption swell tests may be used to evaluate swell potential at in-situ
moisture levels. Unconfined compression tests may be used to evaluate the strength of cohesive
soils. Samples will be discarded 30 days after the geotechnical report is issued.
GEOTECHNICAL ENGINEERING REPORT
The results of the field and laboratory studies will be combined into an engineering report presenting
HBC's analysis, comments and recommendations on geotechnical considerations pertinent to the
project. These will include, as a minimum, the following:
Boring logs, boring location diagram, groundwater information, and laboratory data.
Appropriate foundation types, depths, and design parameters with alternatives, if
appropriate.
• The presence and effect of expansive clays on floor slabs and paving will be discussed.
Methods of reducing the movements associated with expansive clays will be presented.
® Geotechnical design criteria for basement and site retaining walls.
Site grading including the use of on site soils and recommendations for any required
imported borrow. These will include subgrade preparation and compaction criteria.
The presence of groundwater along with its effect on construction and long term
performance of project elements.
® Recommended pavement sections with stabilization alternatives.
HBC will remain available to consult on geotechnical aspects of the project.
PROJECT SCHEDULE AND BUDGET
Charges for HBC`s geotechnical services will be in accordance with the attached schedule of unit
prices. Based on the scope of services outlined above, HBC has developed the schedule and
budget estimates presented below.
I-Bc
Town of Westlake
Mr. Trent Petty alrerracon
April 9, 2002
Page 3
ITEM BUDGET SCHEDULE
Field Explorations $4,200.00 7 days
Laboratory Tests 1,100.00 7 days
Engineering Report 1,500.00 5 days
TOTAL GEOTECHNICAL $6,800.00 19 days
The budget assumes the site is accessible to truck mounted drilling equipment during normal
business hours. It assumes that Graham Associates will stake the borings in the field and provide
ground elevations. Additional services, such as document review, will be in accordance with the unit
fee schedule.
The schedule allows for five days to mobilize drilling equipment to the site after notice to proceed.
It does not include delays due to inclement weather. Preliminary information will be readily available
throughout the study.
CLOSURE
If there are any questions, please contact us. We welcome the opportunity to discuss any element
of the project or this proposal with you. If it meets with your approval, please sign one copy of the
attached Agreement for Consulting Services and return it with notice to proceed.
Your consideration is greatly appreciated. We look forward to the opportunity to be of service. In
the interim, we stand ready to assist in any way.
Sincerely,
H*alphB.
ENGINEERING
a �rco
B rnes, Jr., P
Principal
cc: Graham Associates id Smith
I-BCs���o�
.=_0 Fer=on
(� GEOTECHNICAL SERVICES - UNIT PRICE SCHEDULE
Field Services
Mobilization, local ................................................................................ $185.00
Mobilization, mile, round trip.................... ................................................2.7O
Per Diem, rouo d»v---------------------------- 80.00
'
Truck Mounted Soil Borzo��, ft. (0-25) -- 9.50
Truck Mounted Soil Bnnings, [L (25-50) ----------------' 10.50
Truck Mounted Soil Borliogo, ft. (50-100) ---------------- 11.50
Rock Borings xv'[xZ){}ICone, ft. (0-25) .............................. .................. ll.5O
Rock Borings Y//Tx[)(}T {}oou. ft. C25`50A ---------------' 12.00
DoobBVrin�� vv/IxI)[/T Cone, ft.(5O-lOO) ---------------. 12.50
Injection Test Borings,, ft.------------------------' 11.50
Continuous Corina, [L--------------------------. l8.0}
AugerBoring, ft. ............................................................... .........................7.VO
MinimumDrill Fee.......... ....................................................................... 6OO.0O
Stand-By/Clean-Up, hr............................................................................ 135.00
Interior Boro�s, ft.---------------------------- 20.0A
Slab Cores, in/in i$5O.OVozbzl ............................ ............................ ........ 1.50
SlabCore Patches, ea. .................................................................... ..........35.00
� [)uta3c ------------------------------' 50.O0
Laboratory Testin�
Atterberg
Limits, ca................... ............................. ................... ......... ...44.00
Mbistore/Z)enoity, oa. --------------------------' 17.50
Moisture Content, cu ................................................... ..............................4.0U
AbsorptionSwell, co' —.............................................................................69�00
SieveAnalysis, eo......................................................................................27.0O
Minus 20Osieve, nu ---------------------------.2O.00
Confined Compression (TOT), ou.--------------------'4O.@O
Unconfined Compression, ca. ----------------------.3O.00
Consolidation, ca...................................................... .............................. SOO.0O
Personnel
Staff Geologist, bc ----------------------------60.00
Staffbc ----------------------------. 7l.00
Project � bc---------------------------. 82.00
Senior Engineer, bc-------------------------........ 97.00
Principal Engineer, br-------------------------' I25.00
Senior En ioeorh/c,Tecbnicimz. br.-------------------'37.50
bc................................................................................................. 35.00
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AGREEMENT FOR
CONSULTING SERVICES
This Agreement is made as of April 9, 2002 between HBC Engineering, a division of Terracon, (hereinafter
"HBC") whose mailing address is 8901 Carpenter Freeway, Suite 100, Dallas, Texas 75247, and Town of
Westlake (hereinafter "CLIENT"), whose address is 3 Village Circle, #207 Solona, Westlake, TX 76262.
Services to be provided are described in HBC Proposal No. P02940597 and are subject to the following terms
and conditions to which the parties mutually agree:
ARTICLE 1 -SCOPE OF SERVICES
LI In consideration of the mutual covenants contained herein,HBC shall perform the services identified in our proposal(hereinafter"the Services"),which is made a
part hereof,in accordance with the terms of this Agreement.
1.2 The services covered by this Agreement will be undertaken by HBC only upon receipt of an executed copy,signed by an authorized representative of CLIENT.
1.3 Services under this Agreement are for the CLIENT's sole benefit and exclusive use with no third party beneficiaries intended.
ARTICLE 2-AMENDMENTS
2.1 CLIENT,without invalidating this Agreement,may request changes within the general scope of the Services required by this Agreement by altering or adding to the
Services to be performed,and any such changes in the Services shall be performed subject to this Agreement. Upon receiving the CLIENT's request,HBC shall return
to CLIENT a change setting forth an adjustment to the Services and Project Cost estimated by HBC to represent the value of the requested changes.Following
CLIENT's review of HBC's change proposal,CLIENT shall provide written acceptance under the terms of this Agreement.
ARTICLE 3-PROJECT COSTS and PAYMENT
3.1 HBC shall be paid as outlined in our proposal.
3.2 HBC will submit an Invoice to CLIENT on a monthly basis or upon completion of the Services unless otherwise specified by CLIENT in writing.
3.3 Payment shall be made by CLIENT within 30 days after receipt of the Invoice.
3.4 CLIENT shall provide written notification to HBC within 15 days of receipt of the invoice should CLIENT object to all or part of charges appearing on the Invoice.
The portion of the Invoice which is not in dispute shall be paid by the CLIENTS within 30 days of receipt of the Invoice.
3.5 A finance charge of 1.5%per month will be paid by the CLIENT for all non-disputed invoices after 30 days.
ARTICLE 4- CONFIDENTIALITY
4.1 HBC shall maintain as confidential and not disclose to others without CLIENT's prior consent,all information obtained from CLIENT,not otherwise previously known
to HBC in the public domain.The provisions of this Article shall not apply to information in whatever form which(i)is published or comes into the public domair
through no fault of HBC,(ii)is furnished by or obtained from a third party who is under no obligation to keep the information confidential,or(iii)is required to be
disclosed bylaw on order of a court,administrative agency or other authority with proper jurisdiction. HBC will notify CLIENT in writing immediately if information
is requested under item(iii)above.
ARTICLE 5 - CONSULTANT'S REPRESENTATIONS,WARRANTIES,and COVENANTS
5.1 HBC,its employees,agents and subcontractors will hold necessary licenses and certificates required by federal,state,or local rules and regulations.
5.2 The Services will be performed using that degree of care and skill customarily provided by an experienced professional organization providing similar services in
the area during the same time period.
5.3 HBC makes no other warranties either expressed or implied,as to the Services performed hereunder.
5.4 HBC shall take reasonable precautions to prevent injury or loss to persons or property at the site.
ARTICLE 6 -CLIENT'S REPRESENTATIONS,WARRANTIES,and COVENANTS
6.1 CLIENT agrees to provide HBC with all existing data,plans,and other information in CLIENTS possession which are necessary for the performance of the Services.
CLIENT agrees to provide HBC continuing related information as it becomes available to CLIENT. This information will include such information as location of
utilities,known site hazards,nature and/or characteristics of any hazardous or toxic materials on or near the site. HBC may rely upon this information but is not
responsible for its accuracy.
6.2 CLIENT shall ensure that HBC has authorized access to the site during performance of the Services and if the time of that access is limited,CLIENT will notify HBC
prior to commencement of the Services so adjustments in Project Costs and planning can be made,if necessary.
ARTICLE 7-INDEMNITY
7.1 HBC shall indemnify,defend and hold harmless CLIENT from and against any and all lawsuits,claims,liabilities,causes of action,losses, damages,forfeitures,
penalties,fines,costs and expenses,including,but not limited to,reasonable attorney's fees and expenses,by whomever asserted,including,but not limited to,any
government agency or branch or any third party to the extent the same arise from(i)a breach by HBC of any term or provision of this Agreement,(ii)violation by
HBC of federal,state or local statute,rule,regulation or ordinance in the performance of the Services,or(iii)negligent errors or omissions of HBC or its employees,
agents,or subcontractors in the performance of the Services.
7.2 CLIENT shall indemnify,defend and hold hamilessJIBC from and against any and all lawsuits,claims,liabilities,actions,causes of action,demands,losses,damages,
Lto,"any
itures,penalties,fines,costs and expenses,including,but not limited to,reasonable attorney's fees and expenses,by whomever asserted,including,but not limited
government entity,agency or branch,any third party,an employee,contractor employed or retained by HBC,any third parry or employee employed or retained
BC,to the extent that such claim,property damage,injury or death resulted from(i)the negligence or willful misconduct of CLIENT or agent of CLIENT,(ii)
tion of federal,state or local statute,rule,regulation or ordinance by CLIENT or agent of CLIENT,(iii)CLIENTS alleged involvement or status as an o%� er,
tor,arranger,generator or transporter of hazardous subs ces or constituents at the site,or(iv)inaccurate information provided by CLIENT to HBC.
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ARTICLE 8-LIMITATION OF LIABILITY
8.1 CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT,INCLUDING
CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED,AND AGREE TO ALLOCATE CERTAIN OF THE RISKS SO,TO THE
FULLEST EXTENT PERMITTED BY LAW,CONSULTANT'S TOTAL LIABILITY TO CLIENT IS LIMITED TO$1,000,000 FOR ANY AND
ALL DAMAGES OR EXPENSES ARISING OUT OF THIS AGREEMENT FROM ANY CAUSE(S) OR UNDER ANY THEORY OF
LIABILITY.Neither party shall be liable to the other for loss of profits or revenue;loss of use;loss of opportunity; loss of good will; cost of
substitute facilities,goods,or services:cost of capital;or for any special,consequential,punitive,or exemplary damages,under any theory of
liability.
ARTICLE 9-INSURANCE
9.1 HBC represents that it now carries and will continue during the terms of this Agreement to carry Workmen's Compensation,Comprehensive General Liability and
Comprehensive Automobile Liability insurance in the following amounts:
® Statutory Workers Compensation Insurance and Employers Liability Insurance-$1,000,000 per accident.
® Commercial General Liability Insurance-$1,000,000 per occurrence and$1,000,000 annual aggregate for bodily injury or death and property damage.
including loss of use thereof,written on an occurrence(as opposed to a"claims made")basis.
Umbrella Liability Insurance-$5,000,000 per occurrence and$5,000,000 aggregate liability for bodily injury or death and property damage,including loss
of use thereof.
® Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired vehicles-$1,000,000 combined single limit of liability pe.
occurrence for bodily injury or death and property damage,including loss of use thereof,written on an occurrence(as opposed to a"claims made")basis.
• Errors and Omissions Insurance,including Pollution Liability,Applicable to Services-$1,000,000 with respect to claims made against HBC for negliger.-
errors or omissions in the performance of the Services hereunder.
ARTICLE 10-DELAYS AND TERMINATION
10.1 CLIENT or HBC may terminate this Agreement upon forty-eight(48)hours written notice should the other party fail substantially to perform in accordance with the
terms and conditions of this Agreement through no fault of the terminating party. A complete settlement of all claims upon such termination of this Agreement shall
be made as follows: CLIENT shall compensate HBC for the Services performed up to the date of receipt of termination plus reasonable costs incurred in terminating
the Services in accordance with HBC's current fee schedule. In the event Services cannot be performed on or before the projected due date because of circumstance:
beyond the control of HBC,including,but not limited to strike,fire,riot,excessive precipitation,act of God,governmental action,third party action or action of
omission by CLIENT,the Services shall be amended by CLIENT and HBC in accordance with Article 2 of this Agreement.
ARTICLE 11 - WASTE AND SAMPLE DISPOSITION
'1'L1 Unless otherwise specified in Proposal,the proper disposition of any contaminated materials generated on-site as a result of the Services,including,but not limited
to,waste materials,samples,produced soils or fluids,or protective equipment(hereinafter"Affected Materials"),shall be considered out-of-scope and shall require
a written change order request by CLIENT in accordance with Article 2 of this Agreement wherein CLIENT provides a generator number,specifies its choice of
transporter and treatment,storage or disposal facility and completes documentation necessitated by these services. CLIENT understands that HBC is in no wa%
responsible for the proper disposition of the Affected Materials except as provided under this Agreement and CLIENT is responsible for directing the disposition
of the Affected Materials. In the event that test samples obtained during the Services contain substances hazardous to health,safety or the environment,or equipment
used during the Services cannot be reasonably decontaminated,CLIENT shall,if necessary,sign documentation required to ensure that this equipment and/or samples
are transported and disposed of properly. CLIENT agrees to pay HBC the fair market value of this equipment and reasonable disposal costs.
11.2 In the event CLIENT wishes for HBC to retain test samples beyond the final report date for the Services,CLIENT shall provide HBC with a written request statin_
the same. HBC shall invoice CLIENT only for those storage charges incurred for storage beyond thirty(30)days after the report date for the Services.
ARTICLE 12-ENTIRE AGREEMENT
12.1 This Agreement(including attached schedules)constitutes the sole and entire agreement between HBC and the CLIENT. This agreement replaces and supersede,
all prior discussions and agreements between the CLIENT and HBC with respect to the matters contained herein.
By executing this agreement, HBC and CLIENT indicate their acceptance and agreement with its terms.
HBC ENGINEERIN
Client Town of Westlake iv, lora o rae®n
By: By:
Name: " 21bi7 p, .('c r Name: al h B. Barnes, Jr., .E.
Title: (( No ��.I{�6� Title: Principal
Date: (O 4i&t, Zcm.,_- Date: April 9, 2002
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