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:
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Armando Chapa, City Secr tary (Date)
APPROV~D A~ TO FORM:
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Le I Dep~rtment (Date)
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2006-561
12/19/06
LAB:
V"f51~NATURE)
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(Date)
5002 Ambassador Row
(Address)
Corpus Christi TX 78469
(City/State/Zip)
361-854-4774 Fax: 361-854-4924
Phone/Fax No.)
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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
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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