Loading...
Res 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