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"
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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"
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"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"
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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