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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 • 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% m ami 2 c0 W c� . _ -I °, v • SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI �; 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.