HomeMy WebLinkAboutC2015-259 - 8/31/2015 - NA AGREEMENT
for
Geotechnical Engineering 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
TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly
authorized representative who is Don R. Rokohl, P.E., Branch Manager, which agree as follows:
1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with
City's project, described as follows: Creekview Drive Extension BOND 2014 (Prosect No. E15122)
("PROJECT").
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 $5,535.00
(Five Thousand Five Hundred Thirty Five Dollars and Zero Cents). Monthly invoices will be
submitted in accordance with Exhibit"D".
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.
C r •F C. -P • "I= I /
HTOLUNAY-WONG E INEERS, INC.
Ai qt "-A; c1/1(
ie H. Gray, " . (Date) Don R. Rokohl, P.E. (Date)
Ex- utive Director of P blic Wor s Branch Manager
826 South Padre Island Drive
9'4/45— Corpus Christi, TX 78416
Operating Department (/ (prate) (361) 884-5050–Office
APP- 'VE• Project No. E15122
u �� Accounting Unit: 3551-051
Account: 550920
Office of Management (Date Activity: E15122013551 EXPi
and Budget itY Account Category: 50920
Fund Name: Street CIP BOND 2014
Encumbrance No.
APPROVED AS TO LEGAL FORM
egal Department (Date)
2015-259
8/31/15
Tolunay-Wong Engineers Inc. INDEXED CREEKVIEW DRIVE EXTENSION\Tolunay Wong\AGREEMENT.doc
Tolunay-Wong Engineers, Inc.
826 South Padre Island Drive • Corpus Christi,Texas 78416 • Phone:(381)884-5050
July 1,2015
Maverick Engineering
400 Mann Street, Suite 200
Corpus Christi,Texas 78401
Attn: Ms.Michelle Patton
MPatton(a,maveng.com
Ref: Proposal for Geotechnical Services
Creekview Drive Extension
Corpus Christi,Texas
TWE Proposal No.: P15-0068
Dear Ms. Patton,
Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit this proposal to provide geotechnical
services for the referenced project. This proposal presents a general description of the project, our
proposed scope of services to be provided and the estimated cost for completion of our services
associated with the project.
Project Overview
We understand the project will involve extension of Creekview Drive in Corpus Christi, Texas.
Creekview Drive will be extended west about 380 feet to intersect with McKinzie Road. The new
street pavement will be either a flexible (asphalt) or rigid (concrete) pavement section.
Furthermore, it is understood that the new street extension will receive a mixture of mostly
commercial and residential vehicular traffic,however; actual traffic projections of the vehicular mix
will be provided to us prior to performing our engineering analysis.
Scope of Services
We will provide the personnel, equipment and materials necessary to complete the requirements of
our scope of services. Our scope of services can be categorized into three major areas: field
program, laboratory testing and engineering analysis/report preparation. The purpose of our
geotechnical services will be to provide the geotechnical information needed to assist the Client in the
design and construction of the new roadway cross section.
Field Program
The subsurface conditions along the Creekview D.- extension will be explored by performing a
total of two (2) borings, each drilled to a depth o below existing grade. It is planned that the
borings will be drilled with truck mounted drilling equipment.
The soil boring locations will be identified by TWE and surveyed using a hand-held global
positioning system(GPS)device. This proposal does not include pricing for professional surveying
services to provide precise coordinates and elevations of the soil boring locations. If necessary,
pricing for these services can be provided upon request by the Client.
Houston • Dallas • Corpus Christi • La Porte •Page Beaumont • Lake Charles • Baton Rouge • New Orleans
EXHIBIT"A"
Page 1 of 4
10 Tolunay-Wong
Engineers.Inc. July 1,2015
g� 7WE Proposal No.P15-0068
Once the soil boring locations are identified within the project site, we will notify the Texas 811
One Call System prior to the commencement of our field program for clearance of subsurface
utilities and/or pipelines within the project site. Our field personnel will have the appropriate safety
training and will be equipped with the appropriate personal protective equipment for work on the
City street extension.
Our geotechnical services will be under the direction of a Professional Engineer experienced in
geotechnical engineering. Our soil borings will be logged by an experienced geotechnician. We
anticipate the soil borings will be drilled dry using hollow stem drilling equipment. If groundwater
is encountered, the level will be allowed to stabilize for about ten(10) minutes prior to completing
the soil borings.
Geotechnical drilling and sampling will be performed in accordance with ASTM International
standards. Samples will be obtained continuously until the boring completion depths are reached.
Fine-grained, cohesive soils will be sampled using pushed, thin-walled Shelby tubes with an inside
diameter of 2.87-in. Our geotechnician will conduct field strength measurements using a pocket
penetrometer or hand torvane device on each cohesive soil sample recovered. The samples will be
wrapped in foil, placed in labeled moisture sealed plastic bags, and placed in core boxes to
minimize disturbance prior to transport to our laboratory.
Where coarse-grained, cohesionless and semi-cohesionless soils are encountered, sampling will be
performed using standard penetration test (SPT) methods. Our geotechnician will monitor the
driving resistance and record blow counts while performing the SPTs. The disturbed samples from
the SPT sampling will be placed in labeled moisture sealed plastic bags and delivered to our
laboratory.
The boreholes will be backfilled with soil cuttings and, as needed, imported backfill materials upon
completion of drilling and sampling.
Laboratory Testing
Selected samples from the soil borings will be used for laboratory testing. Our laboratory testing
program will include properties such as moisture content, unit weight, unconfined compressive
strength,Atterberg Limits and grain size distribution(percent passing No. 200 sieve).
Engineering Analysis/Report Preparation
Engineering analysis will be conducted utilizing the information collected during our field program
and laboratory testing services. We will provide geotechnical design and construction
recommendations for the proposed street extension. We will present the results and findings of our
geotechnical services in a final written report. Electronic and hard copies of our final report will be
issued to the Client as requested.
Our final report will include the following:
a. Discussion and conclusions of findings including:
• Summary of field and laboratory tasks;
• Existing project site conditions;
• Subsurface soil and groundwater conditions;
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orleans
Page 2 of 4
EXHIBIT"A"
Page 2 of 4
Tolunay-Wong July 1,2015
Engineers.Inc. 7WE Proposal No.P15•C068
• Boring logs presenting tabulated field and laboratory test results;
b. Geotechnical design recommendations for the proposed street extension
including flexible(asphalt)pavement and rigid(concrete)pavement sections for
a 30 year design life. The pavement sections will include:
• A flexible (asphalt) pavement section that will include new pavement
section;
• A rigid (concrete) section that will include one reinforced section and
one plain(unreinforced)section;and
c. Geotechnical construction recommendations including site and subgrade
preparation, in-place soil stabilization, excavation considerations, fill and
backfill placement, compaction requirements, and overall quality control
monitoring,inspection and testing guidelines.
Schedule
Upon authorization,our field program can typically commence within five(5)working days depending
on our current schedule, site access, weather contingencies and subsurfaceutility clearance. We
anticipate the field program will take one (1) working day to complete with laboratory testing
beginning as soil samples are returned to the laboratory. We anticipate being able to complete all
laboratory testing within one (1) week. Engineering analysis and preparation of our final report will
require two (2) weeks after all laboratory testing is completed. We anticipate an overall project
duration of four(4) weeks from notice to proceed to completion of our report. During this time, we
will communicate with the Client and provide preliminary information as needed to avoid delays in the
overall project schedule.
Estimated Cost
The estimated cost associated with our geotechnical services for this project is lump sum of$5,535.
Every reasonable effort will be made to stay within this proposed budget. Should unforeseen
conditions or situations occur that are beyond the control of TWE, we will not exceed this lump
sum amount without prior approval from the Client.
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orleans
Page 3 of 4
EXHIBIT"A"
Page 3 of 4
•
IV Tolunav-Wong
Engineers,Inc. July 1,2015
7WE Proposal No.P15.0068
Closing
If you have any questions regarding this proposal,please contact us at(361) 884-5050. We appreciate
your consideration for this project and we look forward to continuing our working relationship with
Maverick Engineering.
Sincerely,
TOLUNAY-WONG ENGINEERS,INC.
Texas Board of Professional Engineers Firn,Registration Number F-000124
1Z. '2.l2c.!
Don R.Rokohl,P.E.
Branch Manager
DRR/drr
Signature:
Name:
Company:
Date:
Attachments: 1)TWE 2015 Standard Fee Schedule—Southeast Region
2)TWE Exhibit A—Terms for Geotechnical Engineering Services
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orleans
Page 4 of 4
EXHIBIT"A"
Page 4of4
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EXHIBIT B
INDEMNIFICATION
Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi
and its officials, officers, agents, employees, volunteers, directors and representatives
("Indemnitee") from and against any and all claims, damages, liabilities or costs,
including reasonable attorney fees and defense costs, caused by or resulting from an act
of negligence, intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by Consultant or its agent, consultant under
contract or another entity over which Consultant exercises control while in the exercise
of rights or performance of the duties under this agreement. This Indemnification does
not apply to any liability resulting from the negligent acts or omissions of the City of
Corpus Christi or its employees, to the extent of such negligence.
Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the
City Attorney.
Consultant must advise City in writing within 24 hours of any claim or demand against
City or Consultant known to Consultant related to or arising out of Consultant's activities
under this Agreement.
EXHIBIT"B"
Page 1 of 1
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.
1.2 Perform technical services under the supervision of a licensed professional engineer and in
compliance with the basic requirements of the appropriate standards of the American Society for
Testing and Materials, where applicable, and other standards designated in writing by the "CITY
ENGINEER."
1.3 Promptly submit formal reports (printed and electronic copies) 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
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; EXHIBIT"C"
Page 1 of 3
•
•
(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 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 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
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
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 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.
EXHIBIT"C"
Page 2 of 3
•
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
8.1 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"
Page 3 of 3
Sample form for:
Payment Request
COMPLETE PROJECT NAME Revised 07/27/00
Project No. XXXX
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000_ 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
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SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
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DISCLOSURE OF INTEREST
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 "NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: Tolunay-Wong Engineers,Inc.
P.O.BOX: N/A
STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416
FIRM IS: I. Corporation 2. Partnership 3. Sole Owner ❑
4. Association U 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each employee" of the Cityof 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. 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."
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. 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
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof,you shall
disclose that fact in a signed writing to the City official,employee or body that has been
requested to act in the matter,unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)]
CERTIFICATION
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.
Certifying Person: Don R.Rokohl,P.E. Title: Branch Manager
(Type or Print)
Signature of Certifying Tl _ 12.- CLW Date: /5"Person: !�!
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. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "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.
d. "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.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi,Texas.
f. "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 holdings or control established through voting trusts,
proxies,or special terms of venture or partnership agreements."
g. "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.