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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 RA2008 Proposals \CMT\DA- 08- 0005C- SA.doc 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 RA2008 Proposals \CMT\DA- 08- 0005C- SA.doc 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 RA2008 Proposals \CMT\DA- 08- 0005C- SA.doc 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 R:\2008 Proposals \CMT\DA- 08- 0005C- SA.doc 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 8:\2008 Proposals \CMT\DA- 08- 0005C- SA.doc 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 RA2008 Proposals \CMT\DA- 08- 0005C- SA.doc 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 R:\2008 Proposals \CMT\DA- 08- 0005C- SA.doc 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 R:\2008 Proposals \CMT\DA- 08- 0005C- SA.doc 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 RA2008 Proposals \CMT\DA- 08- 0005C- SA.doc CITTS Service Agreement Page 9 of 9