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HomeMy WebLinkAboutC2006-561 - 12/19/2006 - ApprovedAGREEMENT for Construct~on Materials Engineering Laboratory's Inspection and Materials Testing Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and Kleinfel r, a Texas corporation or partnershi ,"LAB", acting through its duly authorized representative who is ~~t~~ c~,-'p~~Name) /~/l.{-,6~ ,~n.,~cr (Title), which agree as follows: 1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's pro~ect, described as follows: J. C. Elliott Landfill - Citizens' Collection Center and Transfer Station - proiect No. 5192 "PROJECT". 2. SCOPE OF WORK "LAB" shall provide services to the PROJECT in accordance with ±he accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit B". 3. FEE The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, an additional total fee not to exceed $ 05$. 0(in figures), Eiqhtv Four Thousand Fortv Six and no/xx dollars (in words). 4. INDEMNIFICATION AND HOLD HARMLESS The Lab agrees to indemnify, save harmless and de#end the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "C". 5. CITY'S DISCLOSURE OF HAZARDOUS ~ TOXIC MATERIALS AND CONDITIONS AT THE P1tOJECT SITE. "CITY" warrants to "LAB" that to the best of its knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI By: ~~-,.ti-SS~J.~- ~ ~c _gy: Ronald F. Massey, ( ate) Assistant Ci#y Manager ATTEST: ., ,' y ,. 4 Armando Chapa, City Secr tary (Date) APPROV~D A~ TO FORM: ~~ l~.~l Le I Dep~rtment (Date) , ~~~~~%~ ~- ~6~~~~~ ~ ~~ 2006-561 12/19/06 LAB: V"f51~NATURE) ~z. ~l,~L (Date) 5002 Ambassador Row (Address) Corpus Christi TX 78469 (City/State/Zip) 361-854-4774 Fax: 361-854-4924 Phone/Fax No.) ~~'1 j..,ZUU~...,.......'-u i r~uK~~u ~r t~ci~ I ~. ~~,. ~~ ~~/~/~~ M2006-44z Kleinfelder K L E I ____ NFELDER EXPECT MORE° December 6, 2006 Mr Kevin Stowers En~incoering Department City of Corpus Christi P.O. Box 9277 Corpus Ghristi, Texas 78469-9277 Refer~ce: J.C. Elliott Transfer Station Corpus Christi, Texas Proposal No CCH6P 103 Dear 11~r. Stowers: RECLI DEC 0 6 2006 ENGIN~E~ING SE~VICES It is my pleas~ue to present to you this proposal to perform construction materials testing services for the new J.C. Elliott transfer station. Details of our proposed scope of services and the prices of our work ate discussed in Sections 1 and 2. This proposal is based upon our review of the project plans and specifications. We sincerely appreciate the opportunity to be of service and look forward to working with you on this project. Please feel free to call on us when we ca.n be of service to you. Sincerely, HIein~lder .An Emplayee Uwned Company ~~ 1~- ~~~-{~ Don R. Rokohl, P.E. Senior C~eotechnical Engineer ~~;I~ i~ / ~~? C/ V Jerry Li~streu, S.E.T. Area M~nager CCH6P 103 CopyrigM 2006. Kleinfdder Exhibit A Pa e 1 of 6 December 6, 2006 KI~INfELDER Section 1 - Workscope Description J.C. Elliott Transfer Station Corpus Christi, Texas BAC~GROUND INFORMATION The proposmd project will consists of the construction of a combined citizen's collection center and cc~mmercial transfer station at the J.C. Elliott Landfill. The project will include earth emba~cmeir#, concrete retaining walls, cast-in-place concrete and asphalt paving and a storm water deteirtion pond. During construction, our project managers can work closely with our materi~t~ls staff to help coordinate our materials testing services with the contractor and design consuhants ~o that the design intent is met. Our professional staff can not only provide field observations and testing during construction but also attend construction progress meetings and parricipate in the resolution of technical issues that arise during construction. Mr. Jerry Lipstreu, S.E.T is proposed to serve as our project manager for this project. Mr. Lipstreu has over 23 years experience in construction as a senior engineering technician. An enginaering technician will conduct the field observations and testing, and be supported, as needed, by additional labora.tory and field technician staff. Mr. Don Rokohl, P.E., a senior geotec~nical engineer, will be available to the project team for consultation should geotechnical issues arise SCOF~ OF ~ERVICES DESCRIPTION Our sct~e of services for yow project will include the following: Comparetion Testing of Limed Subgrade, Select Fill, Clay Liner artd Base Material Kleinfe~Cier will provide a soil technician to implement an appropriate field monitoring and testing program to check that materials are properly placed and compacted. This may include the followigg as needed and reyuested: Review nroiect suecifications and requirements regardin~: • Pet'Cent compactio~ and soil moisture content requirements • T~ting frequency ~' Obtain sample(s) of proposed material for laboratory evaluation; y Qbsen-e and document proper placement procedures; ~ Perform appropriate field testing to determine in-place moisture/density conditions; i~ Docum~nt field test locations; ~ Report ~tiling test resul#s to the Project Manager and Contractor's superintendent; y R~-test areas of failing moisture/density test results to document compliance with project specific~tions; CCH6P103 Copyright 2006. [{leirrfelder Page 1 EINfELDE HDP~ I.iner- Storm water Pond The freld se~ms of the 60-mil HDPE liner will be examined by several field test methods and in addition by destructive testing of specimens cut from the field seams at maximum intervals of 500 feet The~e field-cut specimens will be shipped to the laboratory where "peel and shear" tests will be conducted. Based on our preliminary estimate of the total job seam length, we have estimated t~t about 80 tests may be required. This number will vary depending upon the Contr~ctor's specific layout of the seams and the number of retest required. The number of conformance tests required for HDPE Geomembrane and Geotextile aze estimated and could vary depending upon the number of resin batches, Concrete Testing Kleinfelder will provide a technician to implement an appropriate field and laboratory-testing program to confirm that the Portland cement concrete provided at the project site is in confor~ance with project specifications, and that it is properly placed and achieves specified design strength requirements. This task may include: Review nroie~ct snecifications and requirements regarding: • Design strength / identification • Testing frequency • Placement requirements ~ Observe and documetrt reinforcement steel placement; ~' Perform appropriate field testing procedures to document slump, air and concrete tempe~rature, air content as specified; ~' Observe and docume~t placement procedures; ~ Document field placement locations; y Produ~e and transport specified concrete test cylinders for laboratory testing; - Labor~ry curing and compressive strength testing of test cylinders; ~' Report results of field and laboratory test data and placement locations; ~ Notify Project Manag~ and Contractor regarding failing field and laboratory test results. Asphalt Testing If requited, KJeinfelder will provide an engineering technician to establish rolling patterns, sample f'tesh asphalt paving, and obtain finished asphalt density tests. y Sample asphalt and prepare test specimens; ~' Ferform laboratory tests as needed, i~ Ptepare test reports; i' Notify Ptoject Manager and Contractor regarding failing test results CCH6P103 Copyright 2066. Kleinfelder December 6, 2006 Page 2 KLE~INfELDER Structural Steel Welding Ubservat~on Kleinf~lder will provide a technician for field welding observation. This task ma.y include the following: :~ Perform random bolting and visual welding observations during jobsite erection; :~ Perform random testing of welded shear stud connectors; ~ Prepare reports of field observations and tests; - Notify Project Manager and Contractor regarding failing test results. Project Manr~gement and Report Preparation Kleinf~ider's Project Manager will provide general oversight, coordination with field technipans, phone consultations, and report reviews. Site visits and meetings as requested and approved by the client can be included in the scope of work as an Additional Service. The Project Man~er will also be available to assist with engineering consultation and resolution of probler~s should they occur and as requested and approved by the client. Kleinf~der will also provide the administrative services to include project set-up, dispatch and schedu~ing services, word processing and report preparation, report reproductions, f~ing and mailing of reports, general filc maintenance, invoicing and collections. PROJI~CT FEES The ab4ve-de,~cribed services will be performed on an hourly and unit rate basis from portal to portal. The actual cost will c~pend on the amount of work requested, the contractor's schedule, and potzntially delays due to weather. A one-hour minimum charge per trip will apply, Our rates are bas~od on a normal 40-hour workweek. Any costs incuned by overtime, weekend, or holiday time will be ch~arged at a rate of one and one-half the rate presented below, in addition to the rate presented. A premium of fifty percent will be applied to laboratory testing requested on a rush basis. If this information or time schedule should change, we will contact you to discuss adjusting our fee accordingly. Invoices will be prepared and submitted on a monthly basis. Plea.se note that invoices are due upon receipt. The fees presented in this cost estimate are based on prompt payment for services present~d in c~ur standard invoicing format. Additional charges will be applied for specialized invoicing if backup documentation is needed. These special services will be charged on a time- and expense basis. SCHEI~TLE AND FEE ES1'Il~iATE Kleinfelt#er p~nnel will not direct, layout, or supervise the construction operations for the project, ~r will we alter or chh~nge the project plans, specifications, or reports. In order for us to accompti~h our work scope, we must receive one set of the approved project plans and specific~ions prior to the start of our services CCH6P103 Page 3 ~PYr~€h~ 2066, Kleit~felder IEINfELDER We propose to perform the scope of services outlined above on a unit fee basis. Our estimate of the tatal cost of our services is about ~84, 056 00. Please understand that this is an estimate, as no firm construction schedules are available at this time and is not a guaranteed lump sum amount, and is subject to change dependent upon the Contractor's schedule. Kleinfelder will only charge the client for the services requested. This estimate does not include additional time and expense associated with retest of failing materials. Any additional services outside this proposal will be charg~ble at our current rate schedule. AUTHORL'GATION You rnay authorize this work scope by issuing a City of Corpus Christi contract. LIlVIITATIQNS Construction testing and observation are techniques employed to reduce the risk of problems arising during construction. Provision of these services by Kleinfelder is not insurance, nor does it con~itute a warranty or guarantee of any type. Even with diligent construction testing and observstion, some latent construction defects may be missed. In all cases, contractors shall retain rtspon~ibility for the quality of their work, for adhering to plans and specifications, and for repairi~ deftcts regardless of when they are found. In the absence of continuous observations by Klernfelder personnel during site earthwork, we are not able to express an opinion regarding the adequacy of site preparation or overall fill composition or compa.ction. During the course of the performance of Kleinfelder's services, hazardous materials may be discoveced. Kleinfelder will assume no responsibility or liability whatsoever for a.ny claim, loss of property v~lue, damage, or injur_y which results from pre-existing hazardous materials being encountered or present on the project site, or from the discovery of such hazardous materials. Kleinfe~der offers a range of testin~ and observation services to suit the varying needs or our clients. Althcxtgh risk ca,n never be eliminated, more detailed and extensive testing and observations yield more information, which may help understand and manage the degree of risk. Since st~ch de~ttiled services involve greater expense, our clients participate in determining the level of service that will provide adequate information for their purposes at an acceptable level of risk Acceptance of this proposal will indicate tha.t the client has reviewed the scope of service and determined that it does not need or want more services than are being proposed at this time. Any exaeptions should be noted and may result in a change in fees. Kleinfelder will perform its services in a manner consistent with the standard of care and skill ordinarily exetcised by members of the profession practicing under similar conditions in the geographic vici~ity and at the time the services will be performed. No warranty or guarantee, express or implied, is provided as part of the services offered by this proposal. This proposal neither makes nor intends a warrantee or guarantee, express or implied, nor does it create a fiduciary respo~tsibility to Client by Consultant. CCH6P103 coPy~~e,~ zoo6, ~~~-~side~ Page 4 EINFELDER Section 2 - Fee Estimate J.C. Elliott Transfer Station Unit Prices and Fee Estimate Estimated Estimated Descr~iption Quantities Unit Rate Total A. Fi~id Services Soil Scrvices O.T. Contingtnc 800 hr 80 42.00 33,600.00 y Nuclesr Gau~e Chazges hr 100 days 63.00 50 00 5,040.00 Concr~e Services 180 hr . 42 00 5,000.00 Geom~rnbrane Services 200 hr . 45 00 7,560.00 Steel Services 4 hr . 55 00 9,000.00 Vehicle Chazge 170 trips . 25.00 220.00 4,250.00 B. La~orat~ry Testing Atterbmrg Limits 5 ea 65.00 325 00 #200 Sieve Tests 5 ea 28.00 . 140 00 Perme,ability Test - Clay 4 ea 300.00 . 1 200 00 LA Abrasion 1 ea 225.00 , . 225 00 CBR Moisture-Den~aity Curves 1 ea 4 e 215.00 . 215.00 Sieve Analysis a 1 ea 215.00 860.00 Concrete cylir~ders 280 ea 65.00 18 00 65.00 Air Co~ent 70 ea . 22 50 5,040.00 HMAC Extr~#ion grada.tion 4 ea . 185 00 1,575.00 Rice Gravity 4 ea . 55 00 740 .00 HMAC field cores 8 ea . 85 00 220.00 Destruc~ive Teat - Geomembrane 5 ea . 60 00 680.00 Conformance Test - Geomembrane 2 ea . 385 00 300.00 Confor~ance Test - Geotextile 2 ea . 588 00 770.00 . 1,176.00 C. Pro,~ect Maaagement and Report Preparation Project Mana~ement 40 hr 85.00 3 400 00 Senior Profes~ional 15 hr 105.00 , . 1 575 00 Admini~ration/Typing 20 hr 44 00 , . . 880.00 Estimated Total: $84,056.00 CCH6P103 Copytight 20U6, Kleinf~der Exhibit A Pa e 6 of 6 Page 5 December 6, 2006 EXHIBIT "B" TERMS AND CONDITIONS TO AGREEMENT ARTlCLE 1. SERVICES: "LAB" will: 1.1 Provide oniy those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. ~ 2 Perfo~m technical services under the general direction of a licensed engineer and in substantial accordance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, or other standards designated in writing by the "CITY ENGINEER". 1 3 Promptly submit formal reports of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1 4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, togetherwith relevant data concerning such materials including the point of origin and supplier. 1.5 Consider re~rts to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER" 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPO~NSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper perFormance of services by "LAB". TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 1 OF 4 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be pertorrned under this AGREEMEIdT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non-compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2 4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a} Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICIE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or autho~ities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 2 OF 4 ART~CLE 4. FIELD MOh11TORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on-site to pertorm inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the wo~k and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non-hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTI~LE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECTOS general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. TERMS AND CONDITIONS TO AGREEMENT (REVISED.IANUARY, 1998) PAGE 3 OF 4 .,_ ~., _ ~, .,~ q.. .,.~ _ ..~.,.. _ , .,„. _ _ ._ _ . .. _ . ~ ... ...._......._...~....~ . ~..., .~ ,.~ w_.. ..._. ._. _ ~._ .._..,, ART~CLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ART~LE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT befinreen "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deerns necessary to meet the obligations of this AGREEMENT. TERMS AND CONDITIONS TO AGREEMENT (REVISED .IANUARY, 1998) PAGE 4 OF 4 ` ~~ ~~ j Ciry of C~uS CITY OF CORPUS CHRISTI ~ ~ C~'1T1St1 DISCLOSURE OF INTERESTS ~.~.. City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Ever~ question must be answered. If the question is not applicable, answer with "N!A" FIRM NAME: ~~ ~~" / ~/ ~G ~~u" STREET: ~ a~"L ~ YN/~SSA'/L~" CITY: ~- ~- ZIP: ~8 ~/~~~ FIRM is: ' Corporation ?C z' Partnership__ 3. Sole Owner 4. Association 5 Qther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. Sta~e the names of each employee of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Job Title and City Department (if known) _ -___ -~----_ _ .____ -- 2. Sta~e the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. ~a~ Title __ _..__~- - --- 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee ~ ~ 4. Stat~ the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership in the above named firm. Na,ne Consultant ---- --~-~-- _----- -- - - CERTIFICATE I certify that aIi information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City c~f Corpus Christi, Texas as changes occur. Certifyir:g Person: ~~-~' ~~J ~~~ ~ Title: ~ ~ /YI~N~i w ( ype or nntZ Signature of Certifying Person:_ ~/V ___. Date: 1z` ~~'~6