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HomeMy WebLinkAboutC2008-407 - 10/24/2008 - NAAGREEMENT for Construction 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 Kleinfelder, a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Jerrv Liostreu. S.E.T.. Area Manager which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows ("PROJECT"): Dr. Hector P. Garcia Park -Park Development 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C". 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, a total fee not to exceed 2 250.00 (Two Thousand Two Hundred Fiftv Dollars and Zero Cents). 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's 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 ~a~~ ~ ~ ~ j 0• Z4 Oscar Martinez Date Assistant City Manager REC. MENDED l~ ~Z d ~ Kevin Sto ers Date Interim Director of Engineering LEINFELDER ~'~ ~ ~ ~- to z og ,~',~ Jerry Lipstreu, Area Ma ger Date 5002 Ambassador Row Corpus Christi, TX 78416 361-854-4774 (Office) 361-854-4924 (Fax) ATTCCT A ROVED AS FOR ` a-~-a$ Assistant City A rney Date 2008-407 10/24/08 Project No. 3156 CIP # PR 04 Fund Source No. 550030-1059-00000-850510 Encumbrance No. E L {leinfelder ~~ KLE/NFELOER e/ighr Pooplc. Right Solution. ~~ June 16, 2008 Proposal No. CCH8P049 Ms. Jamie Pyle City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 SUBJECT: Proposal for Materials Testing Services Dr. Hector P. Garcia Park Park Development -Phase 1 (/lk), ~~'~~ Corpus Christi, Texas Dear Ms. Pyle: 5002 Ambassador Row Corpus Christi, TX 76416 PI 361.854.4774 rl 361.654.4924 klein(elder.com Kleinfelder is pleased to submit this proposal for construction materials testing services for the new Dr. Hector P. Garcia Park, Park Development -Phase 1 for the City of Corpus Christi, Texas. The purpose of this proposal is to establish our scope of work for the project, associated unit fees for our services and the terms and conditions of this agreement. We have prepared this proposal based on a brief review of the following: • Project drawings and Specifications dated March 14, 2008 This proposal is based on our general understanding of the project plans and specifications. At this time, we estimate a preliminary budget of $2,250.00 to be billed on atime-and-materials basis. We have attached a Proposed Fee Schedule indicating our unit costs. For budgeting purposes, we have assumed a percentage of our hours will be billed at our overtime rate. However, the actual quantities and overtime hours incurred will depend on the actual scheduling of our activities by the contractor. Our estimate does not include costs of re-inspections, contractor delays, stand-by time or site visits that are cancelled upon arrival. Additional site visits due to failed tests and costs for retests or for contractor convenience are not included within the estimate. SCOPE OF SERVICES DESCRIPTION Our scope of services for your project will include the following: Task 1: Compaction Testing of Subgrade Material Kleinfelder will provide a soil technician to implement an appropriate field monitoring CCH8P049 Copydght 21708, Kleinleltler EXHIBIT "A" Page 1 of 4 Propnsu(fnr CnnsbrrcBnn ,6rntertdls Testing & OAsenwlions Dr. Nectnr /'. fnrctn Pnrk Develnpmest 1'kuse i //~ ~ KLE/NFELOER 4Yri..s. /y+Wm, and testing program to check that materials are properly placed and compacted. This may include the following as needed and requested: Review aroject specifications and requirements regarding: • Percent compaction and soil moisture content requirements Testing frequency Obtain sample(s) of proposed material for laboratory evaluation; Perform appropriate field testing to determine in-place moisture/density conditions; Document field test locations; Report failing test results to the Project Manager and Contractor's superintendent; Re-test areas of failing moisture/density test results to document compliance with project specifications; Task 2: 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 conformance with project specifications, and that it is properly placed and achieves specified design strength requirements. This task may include: Review proiect specifications and requirements regarding: • Design strength !identification Testing frequency • Placement requirements Perform appropriate field testing procedures to document slump, air and concrete temperature, air content as specified; Document field placement locations; Produce and transport specified concrete test cylinders for laboratory testing; r Laboratory curing and compressive strength testing of test cylinders; Report results of field and laboratory test data and placement locations; r Notify Project Manager and Contractor regarding failing field and laboratory test Task 3: Project Management and Report Preparation Kleinfelder's Project Manager will provide general oversight, coordination with field technicians, 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 CCH8P049 Page 2 of 4 June 16, 2008 Copyright 2008. Kleinfelder EXHIBIT "A" page 2 of 4 Prnpnsalfnr Cnnsnucfinn dfnrerinls Testieg & Ohsenvuinas ~~ Dr. //ecmr P. Garcia Park Deve(opmaaf P/mre 1 ~KLE/NFELDER ~ f .: ..... . ...... Additional Service. The Project Manager will also be available to assist with engineering consultation and resolution of problems should they occur and as requested and approved by the client. Kleinfelder will also provide the administrative services to include project set-up, dispatch and scheduling services, word processing and report preparation, report reproductions, faxing and mailing of reports, general file maintenance, invoicing and collections. COMPENSATION The fees for this project will be billed monthly on atime-and-materials basis subject to the attached Basis of Charges. This preliminary estimate is based on review of the plans and specifications, and therefore will be heavily influenced by constraints outside the control of Kleinfelder including, but not limited to the contractor's actual schedule, project sequencing and inclement weather. Additional services, such as services provided beyond the quantities proposed, or other services not anticipated at this time, may be required. If requested, these additional services would be treated as extra, and billed in accordance with the unit rates and Basis of Charges identified. SCHEDULING AND COMMUNICATIONS We require that our dispatch offi advance of any necessary tests work scope, we will require one prior to the start of our services. involved parties is also requested, AUTHORIZATION ce (361-854-4774) be contacted at least 24 hours in and observations. In order for us to accomplish our set of the approved project plans and specifications In addition, an onsite pre-construction meeting with all Please indicate your approval of the proposal by issuing a City of Corpus Christi contract for execution. LIMITATIONS 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 constitute a warranty or guarantee of any type. Even with diligent construction testing and observation, some latent construction defects may be missed. n a cases, con rac ors s a re am response a ety or t e quality of their work, for adhering to plans and specifications, and for repairing defects regardless of when they are found. In the absence of continuous observations by Kleinfelder personnel during site earthwork, we are not able to express an opinion regarding the adequacy of site preparation or overall fill composition or compaction. During the course of the performance of Kleinfelder's services, hazardous materials may be discovered. Kleinfelder will assume no responsibility or liability whatsoever for CCH8P049 Page 3 of 4 June 16, 2008 Copyright 2008, Kleinfelder EXHIBIT "A" Page 3 of 4 Proposaljor Cmrstrrrcttou ;t1nlcrla/s Testing S Obsenvuinxs ~~ Dr. Heclnr P. Gnrela Pnrk Development P/ruse J ~KLE/NFELOER 4Y,!a.'. ~N, W.vn any claim, loss of property value, damage, or injury which results from pre-existing hazardous materials being encountered or present on the project site, or from the discovery of such hazardous materials. Kleinfelder offers a range of testing and observation services to suit the varying needs of our clients. Although risk can never be eliminated, more detailed and extensive testing and observations yield more information, which may help understand and manage the degree of risk. Since such detailed 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 that 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 exceptions should be noted and may result in a change in fees. Kleinfelder will pertorm its services in a manner consistent with the standard of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity 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 responsibility to Client by Consultant. We sincerely appreciate the opportunity to be of service and look forward to working with you on this project. Sincerely, KLEINFELDER CENTRAL, INC. ~ry ipstreu, S.E.T, Project Manager ~~ Don R. Rokohl, P. Senior Geotechnical Engineer Attachments: Fee Schedule Basis ~f Charges CCH8P049 page 4 of 4 June 16, 2008 Copyright 2008, Kleinfeltler EXHIBIT "A" Page 4 of 4 Proposal jnr Carstna7lan h4aferlalc Testing & ObservrNinns Dr. Nec(or P. Carcla Park Derelapnrent PGrrse 1 Fee Schedule Dr. Hector P. Garcia Park Park Development -Phase 1 City of Corpus Christi Corpus Christi, Texas KLE/NFELDER ~~ ~9•,.~..a„~:,.. II Activity "' I Invoice Name Unit Fee Moisture -Density Relationship D698 Moist Density D698 $220.00 Technician Time, per hour Soil Services $45.00 In-Place Density Tests, ea Nuclear Density Test $24.00 Trip Charge, ea Vehicle Trip Charge $28.00 Task#2 Concrete.Testing Technician Time, per hour Concrete Services $45.00 Concrete Test Cylinders, ea Concrete Comp Test $19.00 Trip Charge, ea Vehicle Trip Charge $28.00 Task. #3 Project Management and Report Preparation 10% of Monthly Project Manager/Administrative Services Project Management Invoice Senior Geotechnical Engineer, per hour Senior Professional $130.00 Invoice Name is the terminology that will appear on each invoice submitted CCHSP049 June 16, 20088 Copyright 2008, Kleinfeltler Exhibit B Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Pa e1of1 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only 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. 12 Perform 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, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports 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 RESPONSIBILITIES: 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". 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 performed under this AGREEMENT 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 ata~nterpret-and-define~he-81Ti"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 wilt 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: EXHIBIT "C" Pa e 1 of 3 (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. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB", by the pertormance 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 authorities. 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. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on-site to perform 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 work 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. ARTICLE 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 A!?pCC~ICAIT ,.. ,.,,, .e.,,...~ ~~~ eR~~ ..,;~t-be~~respansibl®-for~he-int®rpretatioa-owse-by-others-of-data developed by "LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the pertormance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of EXHIBIT "C" Pa e2of3 "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. ARTICLE 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. ARTICLE 8. EXTENT OF AGREEMENT t3.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "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" deems necessary to meet the obligations of this AGREEMENT. EXHIBIT "C" Pa e3of3 City of COI'pUS CITY OF CORPUS CHRISTI Chnsti DISCLOSURE OF INTERESTS w~ 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. Every question must be answered. If the question is not applicable, answer with "N/A". FIRM NAME: Kleinfelder STREET: 5002 Ambassador Row CITY: Corpus Christi ZIP: 78416 FIRM is: 1. Corporation X 2. Partnership- 3. Sole Owner 4. Association- s. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 7. State 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 (ir known) NIA 2. State 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. Name Title N/A 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 N/A 4. State 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. Name Consultant N/A CERTIFICATE I certify that all 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 of Corpus Christi, Texas as changes occur. Signature of Certifying Person: ~ ~d- ~ ~~'~ "'~"t Date: ~O , Z -03 EXHIBIT "D" Page 1 of 2 DEFINITIONS a. Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. Employee. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated. in the form of sole proprietorship, as self-employed person, partnership corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. Official. The Mayor, members of the City Council, City Manager Depu~City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the Ci of Corpus Christi, Texas. e. Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2