Item 4C AgreementCity of Southlake, Texas
MEMORANDUM
To: Shana Yelverton, City Manager
From: Jim C. Blagg, Assistant City Manager /Director of Public
Safety
Subject: Approve an Agreement with CTL Thompson, LLC for
Materials Testing in the Amount of $53,338.
Action
Requested: Approve an Agreement with CTL Thompson, LLC for
Materials Testing in the Amount of $53,338.
Background
Information: As a part of the overall construction of the new DPS
Headquarters, it is important for the City to have
additional inspections to ensure that the construction is
being done in full compliance with the specifications.
The Board wanted to be sure that, in addition to the City
own Building Inspection reviews that they had an
independent review of all of the major construction
components. This contract will provide the following:
Observation and Densitv Testina of Fill and Backfill: A
representative of CTL will be available on a part -time
basis during placement of fill and backfill to observe
progress and methods and to perform moisture density
tests as required. We will rely upon the Client or
Contractor to notify CTL at least 24 -hours in advance of
when services are required. Testing methods used will
be conducted in general accordance with project
specifications and ASTM standard test methods. Other
laboratory testing will be conducted as deemed
necessary, or as requested by the Client, to evaluate
conformance of fill materials with project specifications.
Reports, reviewed and signed by a licensed professional
engineer, will be mailed to the Client following each site
visit.
Drilled Pier Observation: A representative of CTL will be
available on a full -time basis to observe drilled pier
installation. We will rely on the Client or Contractor to
notify CTL at least 24 hours in advance of when services
are required. While on site CTL will observe piers for
depth, bearing stratum, penetration, plumbness, and
reinforcement. Reports, reviewed and signed by a
licensed professional engineer, will be mailed to the
Client following each site visit.
Reinforcing Steel Observation: A representative of CTL
will be available on a part -time basis to observe
placement of reinforcing steel in cast -in -place concrete
members. We will rely upon the Client or Contractor to
notify CTL at least 24 -hours in advance of when services
are required. Reinforcing steel placement will be
inspected for compliance with approved structural and
shop drawings, including bar size, spacing, clearance
and splice lengths. Post tension strand tensioning will
be inspected for proper jacking force and strand
elongation. Reports, reviewed and signed by a licensed
professional engineer, will be mailed to the Client
following each site visit.
Concrete Testing: A representative of CTL will be
available on a part -time basis to perform concrete
testing as required by project specifications. We will rely
on the Client or Contractor to notify us at least 24 -hours
in advance of when services are needed. A copy of
Information regarding each test will be given to the
Contractor at the job site the day the concrete is
sampled. Four (4) cylinders will be cast in the field for
each test. Cylinders will be cured initially in the field for
the first 24 -hours in a water tank, or other storage
container suitable to maintain a reasonable curing
temperature. Cylinders will be picked up by a
representative of CTL the following day and returned to
our laboratory for curing and testing. Reports, reviewed
and signed by a licensed professional engineer,
summarizing the results of our tests will be mailed to
the Client following strength testing at 7 and 28-
days.
Masonry Testing: A representative of CTL will be
available on a full -time basis, during grouting of
structural masonry, to perform masonry observation
and testing as required. We will rely on the Client or
Contractor to notify us at least 24 -hours in advance of
when services are needed. CTL will observe placement
of reinforcement, verify clean -outs, and observe
grouting operations. Six (6) mortar cubes, 4 grout
prisms, and 8 masonry prisms (4 hollow block and 4
grouted block) will be cast in the field for each 5,000
square feet of structural masonry, and will be stored on
the site for the required field curing time.
Samples will be picked up by a representative of CTL
the following day and returned to our laboratory for
curing and testing. Reports, reviewed and signed by a
licensed professional engineer, summarizing the results
of our observations and tests will be mailed to the Client
following strength testing at 7 and 28 -days.
Visual Weld Observation: A representative of CTL will be
available on a part -time basis for Visual Weld
observation. CTL will visually observe and test bolted
and welded connections and metal decking for
compliance with project drawings and specifications. A
list of outstanding discrepancies will be maintained at
the project site. A report summarizing the
results of our inspections will be mailed to the Client
following each day's visit.
Observation & Testing of Sprav - Applied Fireproofing: A
representative of CTL will be available on a part -time
basis for Fireproofing testing. We will rely on the Client
or Contractor to notify us at least 24 -hours in advance of
when services are needed. CTL will perform fireproofing
thickness and density tests as required by project
specifications. A report summarizing the results of our
testing will be mailed to the Client following each
day's visit.
Financial
Considerations: The cost of this agreement is $53,338 and will be
included in the CIP with the construction costs.
Citizen Input/
Board Review: Crime Control and Prevention Board approved the
agreement 5 -1.
Legal Review: This agreement has been reviewed by Steve Wood at
TOASE.
Alternatives: Rely on the testing performed by the contractors
Rely on the inspections performed by the City of
Southlake Building Inspection Services
Supporting
Documents: Attached agreement
Staff
Recommendation: Approve an Agreement with CTL Thompson, LLC for
Materials Testing in the Amount of $53,338.
Staff
Contact: Jim C. Blagg, Assistant City Manager /Director of Public
Safety
Service
Agreement
CTLITHOMPSON
Parties This Agreement is made this 24th day of January, 2008 between the City of Southlake -
2100 W. Southlake Blvd in Southlake, Texas 76092
referred to herein as "Client' and CTL I Thompson Texas, LLC, referred to herein as "CTL."
Project By joining in the Agreement, Client retains CTL to provide consulting services in connection with DPS
Central Facility on N. Carroll Avenue in Southlake, Texas
referred to herein as "Project." Client's relationship to the Project is that of an Owner
Scope Details of the scope of CTL's services are found in Exhibit A, which is part of this Agreement.
Fee CTL agrees to provide services covered by this Agreement on a Unit Rate basis in accordance with the fees
shown in Exhibit B.
This quotation shall remain available provided that CTL receives Client's authorization to proceed within 30 days
of the date of this Agreement.
CITY OF SOUTHLAKE Service Agreement Page 1 of 9
CTL SERVICE AGREEMENT NO. DA 08 -0005C
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CTL. LS
If Project requirements or the subsurface conditions encountered indicate that the scope of services covered by
this Agreement should be revised, a contract modification or written addendum to this Agreement shall be
entered into to cover the revised scope and fee.
Invoices
CTL will submit invoices to Client monthly and a final bill upon completion of services. Invoices will show
charges for different personnel and expense classifications, a lump sum fee or a percentage of completion,
where appropriate. A more detailed separation of charges and back -up data will be provided at Client's request.
Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client shall pay
a finance charge of one - and -one half percent (1 1/2 %) per month on past due accounts, plus attorney fees and
costs associated with collection.
Right -of-
Client will provide for right -of -entry of CTL and necessary equipment in order to complete the work. While CTL
Entry
will take reasonable precautions to minimize damage to the Project property, it is understood by Client that in
the normal course of work some damage may occur, the correction of which is not part of this Agreement.
Utilities
Client shall be responsible for designating the location of all private utility lines and subterranean structures
within the property lines of the Project. CTL will request responsible utilities to locate off -site lines and public on-
site lines when necessary. Client agrees to hold CTL harmless for damage to utilities or subterranean structures
which are not correctly located by Client or the responsible utility.
Samples
CTL will retain soil and rock samples for thirty (30) days after submitting the report on those samples.
Construction materials samples collected and tested will be disposed after testing. Further storage or transfer of
samples can be made at Client's expense upon written request.
CITY OF SOUTHLAKE Service Agreement Page 1 of 9
CTL SERVICE AGREEMENT NO. DA 08 -0005C
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CTL. LS
Service
Agreement
gr CTL I THOMPS
Ownership The reports, boring or test pit logs, field data, field notes, laboratory test data, calculations, estimates and other
of documents prepared by CTL, as instruments of service, shall remain property of CTL.
Documents CTL shall retain pertinent records relating to the services performed for a period of five (5) years following
completion of services hereunder, during which period the records will be made available to Client during
regular business hours.
Job Site Client agrees that, in accordance with generally accepted construction practices, the construction contractor will
be required by Client to assume sole and complete responsibility for job site conditions during the course of
construction of the Project, including safety of persons and property and construction means, methods,
techniques and sequences. Client further agrees to defend, indemnify and hold CTL harmless from any and all
liability, real or alleged, in connection with the performance of work on this Project, excepting liability arising
directly from the sole negligence of CTL.
Standard of Services of CTL under this Agreement will be performed in a manner consistent with that level of care and skill
Care ordinarily exercised by members of the profession currently practicing under similar conditions in the locality of
the Project. No warranty, express or implied, is made or given.
Client recognizes that subsurface conditions may vary from those encountered at the location where borings or
test pits, surveys, or explorations are made by CTL and that the data, interpretations and recommendations of
CTL are based solely on the information available to it. Client recognizes that the performance of soils depends
on variability beyond the control of CTL and therefore, CTL cannot and does not guarantee the performance of
the soils. CTL will be responsible for those data, interpretations and recommendations as indicated above, but
shall not be responsible for the interpretation or implementation by others of the information developed.
Limitations Any claim or cause of action between the parties to this Agreement including, but not limited to, claims for
on Claims contribution and indemnity, shall be deemed to have accrued and the applicable Texas statutes of limitation and
repose shall commence to run no later than the date of substantial completion of the Project from which the
claim or cause of action arises. Substantial completion shall be deemed to occur no later than the date CTL
issues its final invoice for the Project.
In the event of a claim, Client agrees that as its sole and exclusive remedy, any claim, demand or suit shall be
brought against CTL as a corporation only, and not against any of CTL's individual employees, engineers,
agents, officers, directors or shareholders.
The services provided by CTL pursuant to this Agreement are solely for the benefit of Client. Neither CTL nor
Client intends to confer a benefit on any other person or entity. To the extent that any other person or entity
benefits by the services provided by CTL, such benefit is purely incidental and such person or entity shall not be
deemed a third parry beneficiary of this Agreement.
Client and CTL waive claims against each other for consequential damages arising out of or relating to this
Agreement and the services provided hereunder. This mutual waiver includes, but is not limited to, claims for
losses of use, rent, income, profit, financing, business, and reputation, for delay damages of any sort, for lost
management and labor productivity and for lost opportunity to complete other projects. This waiver extends,
without limitation, to all consequential damages due to either party's termination under this Agreement.
CITY OF SOUTHLAKE Service Agreement Page 2 of 9
CTL SERVICE AGREEMENT NO. DA 08 -0005C
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CI'U1S
Service
Agreement
CTL I THOMPSON
Limitation CTL's liability for damages to Client due to professional negligence in the performance of services for the Project
of Liability shall be limited to $50,000 or the total fee for the services on the Project, whichever is greater. If this Agreement
provides for the performance of services for multiple building lots or sites, CTL's liability to Client shall be limited
to an aggregate amount of $50,000 or the total fee for all services under this Agreement, whichever is greater.
Notwithstanding any other provision in this Agreement, CTL will have no liability to Client or any third parties for
damages resulting from the failure of Client or others to follow CTL's recommendations.
Insurance CTL represents that it and its employees and consultants retained by it are protected by worker's compensation
insurance and that CTL has such coverage under public liability, property damage and professional liability
insurance policies as CTL deems to be adequate. Certificates for all such policies of insurance shall be provided
to Client upon written request. CTL shall in no event be responsible for any loss or damage beyond the
amounts, available limits and conditions of such insurance.
Termination This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial
failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective
if that substantial failure has been remedied before expiration of the period specified in the written notice. In the
event of termination, CTL shall be paid for services performed to the termination notice date plus reasonable
termination expenses.
Hazardous Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or
Materials near the Project site and has informed CTL of any information or findings relative to the possible presence of
such materials. Should unanticipated hazardous materials be discovered in the course of the performance of
services under the Agreement, such discovery shall constitute a changed condition mandating a renegotiation of
the scope of work or termination of services. Should the discovery of unanticipated hazardous materials require
CTL to take immediate measures to protect health and safety, Client agrees to compensate CTL for costs
incidental to taking such measures and for any equipment decontamination or replacement required. CTL
agrees to notify Client promptly when unanticipated hazardous materials or suspected hazardous materials are
encountered. Client agrees to make any disclosure required by law to appropriate government agencies.
Furthermore, Client agrees to defend, indemnify and hold CTL harmless from any and all liability arising from
discovery by anyone of unanticipated hazardous materials or suspected hazardous materials.
Humidity,
Unless specifically included in this Agreement, services intended to control humidity, moisture vapor, and mold
Moisture
are expressly excluded from the Agreement. Client recognizes that the growth of mold, some of which may be
Vapor &
harmful to human health, can be caused or exacerbated by conditions which occur inside or outside habitable
Mold
structures. If Client desires to obtain services intended to control humidity, moisture vapor and mold in crawl
spaces or below structurally supported floors, CTL can provide such services. Client may obtain such services
from any source Client deems appropriate. If such services are not expressly undertaken by CTL, however,
Client agrees to indemnify, defend and hold CTL harmless from any and all claims alleging that CTL caused,
contributed to, or failed to prevent injury and damage related to the occurrence or existence of humidity,
moisture vapor or mold.
Work by
In performing services under this Agreement, CTL shall be entitled to rely upon the accuracy and completeness
Others
of recommendations made or design services provided by other consultants, and will have no liability for
damages resulting from errors and omissions in the same.
CITY OF SOUTHLAKE Service Agreement Page 3 of 9
CTL SERVICE AGREEMENT NO. DA 08 -0005C
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C UIS
Service
Agreement
CTL I THOMPSON
Applicable The law of the State of Texas shall govern the validity of the Agreement, and its interpretation and performance.
Law
Entire This Agreement shall be the entire Agreement and shall supersede any other agreement between Client and
Agreement CTL relating to the subject matter hereof. In case of conflict or inconsistency between this Agreement and any
other contract documents, this Agreement shall control. Notwithstanding any other provision in this Agreement,
in the event that CTL begins performance of the activities addressed by this Agreement, this Agreement shall be
deemed to be an enforceable agreement between the parties regardless of whether either party has signed this
Agreement.
Authorization CTL Client
y ,Richard J. Ha er P.E
Title President
Date January 24 2008
By
Title
Date
CITY OF SOUTHLAKC Service Agreement Page 4 of 9
CTL SERVICE AGREEMENT NO. DA 08 -0005C
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c7TIIC
Exhibit A - Scope of Services
IF CTL I THOMPSON
I. Observation and Density Testing of Fill and Backfill A representative of CTL will be
available on a part-time basis during placement of fill and backfill to observe progress and
methods, and to perform moisture /density tests as required. We will rely upon the Client or
Contractor to notify CTL at least 24 -hours in advance of when services are required.
Testing methods used will be conducted in general accordance with project specifications
and ASTM standard test methods. Other laboratory testing will be conducted as deemed
necessary, or as requested by the Client, to evaluate conformance of fill materials with
project specifications. Reports, reviewed and signed by a licensed professional engineer,
will be mailed to the Client following each site visit.
II. Drilled Pier Observation A representative of CTL will be available on a full -time basis to
observe drilled pier installation. We will rely on the Client or Contractor to notify CTL at
least 24 hours in advance of when services are required. While on site CTL will observe
piers for depth, bearing stratum, penetration, plumbness, and reinforcement. Reports,
reviewed and signed by a licensed professional engineer, will be mailed to the Client
following each site visit.
III. Reinforcing Steel Observation A representative of CTL will be available on a part-time basis
to observe placement of reinforcing steel in cast -in -place concrete members. We will rely
upon the Client or Contractor to notify CTL at least 24 -hours in advance of when services
are required. Reinforcing steel placement will be inspected for compliance with approved
structural and shop drawings, including bar size, spacing, clearance and splice lengths.
Post tension strand tensioning will be inspected for proper jacking force and strand
elongation. Reports, reviewed and signed by a licensed professional engineer, will be
mailed to the Client following each site visit.
IV. Concrete Testing: A representative of CTL will be available on a part-time basis to perform
concrete testing as required by project specifications. We will rely on the Client or
Contractor to notify us at least 24 -hours in advance of when services are needed. A copy of
information regarding each test will be given to the Contractor at the job site the day the
concrete is sampled. Four (4) cylinders will be cast in the field for each test. Cylinders will
be cured initially in the field for the first 24 -hours in a water tank, or other storage container
suitable to maintain a reasonable curing temperature. Cylinders will be picked up by a
representative of CTL the following day and returned to our laboratory for curing and
testing. A report, reviewed and signed by a licensed professional engineer, summarizing
the results of our tests will be mailed to the Client following strength testing at 7 and 28-
days.
CITY OF SOUTHLAKE Service Agreement Page 5 of 9
CTL SERVICE AGREEMENT NO. DA 08 -0005C
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CTLLLS
Exhibit A - Scope of Services
IF. CTL I THOMPSON
V. Masonry Testinq A representative of CTL will be available on a full -time basis, during
grouting of structural masonry, to perform masonry observation and testing as required.
We will rely on the Client or Contractor to notify us at least 24 -hours in advance of when
services are needed. CTL will observe placement of reinforcement, verify clean -outs, and
observe grouting operations. Six (6) mortar cubes, 4 grout prisms, and 8 masonry prisms (4
hollow block and 4 grouted block) will be cast in the field for each 5,000 square feet of
structural masonry, and will be stored on the site for the required field curing time.
Samples will be picked up by a representative of CTL the following day and returned to our
laboratory for curing and testing. A report, reviewed and signed by a licensed professional
engineer, summarizing the results of our observations and tests will be mailed to the Client
following strength testing at 7 and 28 -days.
VI. Visual Weld Observation A representative of CTL will be available on a part -time basis for
Visual Weld observation. CTL will visually observe and test bolted and welded connections
and metal decking for compliance with project drawings and specifications. A list of
outstanding discrepancies will be maintained at the project site. A report summarizing the
results of our inspections will be mailed to the Client following each day's visit.
VII. Observation & Testing of Spray- Applied Fireproofing A representative of CTL will be
available on a part-time basis for Fireproofing testing. We will rely on the Client or
Contractor to notify us at least 24 -hours in advance of when services are needed. CTL will
perform fireproofing thickness and density tests as required by project specifications. A
report summarizing the results of our testing will be mailed to the Client following each
day's visit.
CITY OF SOLITHLAKE Service Agreement Page 6 of 9
CTL SERVICE AGREEMENT NO. DA 08 -0005C
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CCLL S
Exhibit B - Fee Estimate
CTL I THOMPSON
COMPACTION TESTING
• Assume 13 trips, 3 hours per trip, for observation and testing
of site grading, moisture conditioning under certain sidewalks,
utility trench backfill, paving/parking subgrade preparation,
grade beam backfill.
• Assume 220 compaction tests required.
Engineering Technician —13 trips x 3 hrs/trip x $38 /hr
$ 1,482
Nuclear Density Tests — 67 tests x $12/test
804
Standard Proctor - 3 tests x $150/test
450
Atterberg Limits - 3 tests x $50/test
150
Minus No. 200 Sieve - 3 tests x $301test
90
Vehicle -13 trips x $20/trip
260
Report Review —13 reports x $35 /report
455
SUBTOTAL $ 3,691
DRILLED PIER OBSERVATION
• Assume 9 days, 10, hrs /day for approximately 47 straight shaft and cased piers.
Engineering Technician (Reg. Time) — 72 hrs x $50 /hr $ 3,600
Engineering Technician (OT) —18 hrs x $65 /hr 1,170
Vehicle - 9 trips x $20 /day 180
Report Review — 9 days x $35 /day 315
SUBTOTAL $ 5,265
III. REINFORCING STEEL OBSERVATION
• Assume 20 trips for reinforcing steel observation.
Engineering Technician - 20 trips x 3 hrs/trip x $48 /hr $ 2,880
Vehicle - 20 trips x $20/trip 400
Report Review — 20 reports x $35 /report 700
SUBTOTAL $ 3,980
CITY OF SOUTHLAKE Service Agreement Page 7 of 9
CTL SERVICE AGREEMENT NO. DA 08 -0005C
RA2008 Proposals \CMT\DA- 08- 0005C- SA.doc
CTLU S
Exhibit B - Fee Estimate
IV.
CONCRETE TESTING
Assume one test required for each 100 cubic yards placed each day.
Assume four cylinders to be cast for each test.
• Cylinder Pick -up to be charged for special trips only.
Materials Technician - 50 tests x 2.5 hrs/trip x $36 /hr $ 4,500
Cylinder Pick -up — 35hrs x $36 /hr 1,260
Concrete Cylinders - 50 sets x 4 cylinders /set x $15 /cylinder 3,000
Report Review — 50 tests x $20/test 1,000
Vehicle - 30 trips x $20/trip 600
SUBTOTAL $ 10,360
V.
MASONRY TESTING
• Assume 1 mortar, grout, and prism (hollow & grouted) test per 5,000 square feet
of structural masonry.
• Special Inspection required.
• Garland Masonry assumes 40 days of grout placement
Materials Technician — 40 days x 5 hrs /day x $48 /hr
Mortar Cubes —13 tests x 6 cubes/test x $15 /cube
Grout Prisms —13 tests x 4 prisms /test x $30 /prism
Hollow Prisms —13 tests x 4 prisms/test x $90 /prism
Grout Filled Prisms —13 tests x 4 prisms/test x $110 /prism
Vehicle — 40 days x $20 /day
Report Review — 40 days x $35 /day
SUBTOTAL
VI.
STRUCTURAL STEEL OBSERVATION
CTL I THOMPSON
$ 9,600
1,170
1,560
4,680
5,720
800
1.400
$ 24,930
• Assume 12 site visits for visual observation of field connections.
CWI —12 trips x 4 hrs/trip x $60 /hr
Vehicle - 12 trips x $20/trip
Report Review —12 reports x $35 /report
SUBTOTAL
$ 2,880
240
420
$ 3,540
CITY OF SOUTHLAKE Service Agreement Page 8 of 9
CTL SERVICE AGREEMENT NO. DA 08 -0005C
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CCLIIS
Exhibit B - Fee Estimate
IF CTL I THOMPSON
VII. OBSERVATION & TESTING OF SPRAY - APPLIED FIREPROOFING
• Assume 6 site visits.
Engineering Technician - 6 trips x 4 hrs/trip x $48 /hr
Density Tests — 6 x $15/test
Vehicle - 6 trips x $20/trip
Report Review — 6 reports x $35 /report
SUBTOTAL
TOTAL ESTIMATED FEE
$ 1,152
90
120
210
$ 1,572
$ 53,338
Note: Technician rates will be increased by $15 per hour plus usual hourly rate for work performed on
weekends and holidays, and for work scheduled between the hours of 5:00 pm and 7:00 am during
normal business hours, and for those hours exceeding 40 hours per week for an individual technician.
CITY OF SOUTHLAKE
CTL SERVICE AGREEMENT NO. DA 08 -0005C
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CITTS
Service Agreement Page 9 of 9