2014-07-27 Schemmer-Materials Testing=1 M
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ARCH ITECT 5 ENGINEERS I PLANNERS
July 27, 2014
Mr. Allen Schoemaker
Director of Public Works
City of Blair
218 South 16th Street
Blair, NE 68008
RE: Professional Services Proposal
Construction Materials Testing and Special Inspection Services
Blair Public Library and Tech Center Earthwork and Street Paving Packages
Schemmer Project No. 01276.BA7
Dear Mr. Schoemaker:
The Schemmer Associates Inc. (Schemmer) proposes to render services to the City of Blair (Owner)
regarding construction materials testing and special inspection services for the Blair Public Library
and Tech Center Earthwork and Street Paving Packages, located in at Deerfield Blvd. and Hwy 75 in
Blair, Nebraska. The development of this scope of services and compensation proposal was based
on the following:
Y Review of the project plans and specifications.
Applicable Code requirements.
Y Conversation with Jennifer Klein with Clark Enerson Partners
SCOPE OF SERVICES
Schemmer proposes to provide construction materials testing and special inspections in
accordance with the project specifications, ASTM standards, and International Building Code
requirements, Schemmer will provide inspections and testing for the following items. Included
under each item is a detailed description of the activities Schemmer intends to perform. Please
note that Schemmer will not perform any services that are not specifically scheduled by you
or your designated representative.
EMPU YEF OWN; D
A. Earthwork / Structural Fill
Laboratory tests will consist of soil moisture — density relationships (Proctor tests) and
classification tests to determine soil compliance with specifications. During earthwork
operations, Schemmer will perform compaction testing for grading, utility backfill, and for
subgrade preparation of pavement. A Schemmer geotechnical engineer will be available to
answer soil -related questions, as necessary.
B. Cast in Place Concrete
Schemmer will perform field testing of cast -in-place Portland cement concrete for storm
sewer structures and pavements. Concrete field testing includes casting concrete cylinder
specimens for laboratory strength testing, slump, air content, and temperature
measurements.
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Professional Services Proposal
Construction Materials Testing and Special Inspection Services
Blair Public Library and Tech Center Earthwork and Street Paving Packages
July 27, 2015
Page 2
C. Settlement Plate Surveying and Analysis
Schemmer will take elevation shots during initial placement of 4 settlement plates (by
contractor). Survey will also be performed when extension riser is placed (1 trip estimated)
and weekly for estimated 45 day settlement period (6 trips estimated). The geotechnical
engineer of record (Loras) will perform analysis and report of settlement and when building
construction can resume.
11. LABORATORY QUALIFICATIONS
Schemmer has been in business for over 50 years providing engineering and architectural
design services. Schemmer is headquartered in Omaha with offices in Lincoln and Council
Bluffs. Schemmer has a full construction material testing laboratory located in our Council
Bluffs office. Our testing and inspection services include oversight by a Professional Engineer
licensed in the State of Nebraska.
Schemmer's laboratory is certified with the US Army Corps of Engineers and Nebraska
Department of Roads for the required tests and maintains calibrations and equipment as
required by this certification and applicable ASTM standards. Schemmer technicians are
certified with American Concrete Institute (ACI) and International Code Council (ICC) for testing
and special inspection of required items. Schemmer meets the requirements as set forth by
ASTM C1077 (Standard Practice for Laboratories Testing Concrete and Concrete Aggregates
for Use in Construction) and E329 (Standard Specification for Agencies Engaged in Testing
Materials Used in Construction). Schemmer also participates in materials testing proficiency
programs.
Our services will be provided on a 24-hour notice "will -call" basis, coordinated by your on-site
representative or the subcontractor responsible for the work to be tested. Properly trained and
certified personnel will be dispatched to fulfill your testing needs.
III. COMPENSATION
We have performed a full estimate of the materials testing and special inspections costs as directed
in the project documents. The types of tests, estimated quantities, unit price, and estimated total
costs are provided in the attached Table 1. The City of Blair will be invoiced monthly only for
the actual amount of work performed. This is not a lump sum contract.
A. Construction Materials Testing and Special Inspection Services: Based on the
attached estimate of number of units in conjunction with our current standard prices,
Schemmer estimates our total testing and inspection fee for the subject project will be
Eleven Thousand Nine Hundred and Seventy Dollars and No Cents ($19,970.00) in
accordance with the terms of the attached General Conditions and Supplemental General
Conditions, If additional services are required above this amount then they shall be
considered "Additional Services" as agreed to in paragraph B.
N'111111111
Professional Services Proposal
Construction Materials Testing Services
Blair Public Library and Tech Center Earthwork and Street Paving Packages
July 27, 2015
Page 3
B. Additional Services: Additional Services as approved and directed by you will be
rendered by The Schemmer Associates Inc. on a unit rate basis in accordance with our
current standard Geotechnical Services price schedule for services accrued to the project,
plus Consultant Costs based on time and materials basis (if any), plus Reimbursable
Expenses for such services. Retests of unsatisfactory work are considered additional
services and considered authorized by acceptance of this proposal.
IV. SCHEDULE
Schemmer shall commence the construction materials testing services on the project after receipt of
Notice -to -Proceed and in accordance with the construction schedule.
If the foregoing is agreeable, please indicate your acceptance by signing and returning one copy of
this proposal. We will consider the signed proposal an Agreement between the City of Blair,
Nebraska and The Schemmer Associates Inc. for the services described herein. We look forward to
working with you on this project. If you have any questions or need further information, please
contact us at 402-493-4800.
Sincerely,
THE SCHEMMER ASSOCIATES INC.
ARCHITECTS I ENGINEERS I PLANNERS
Jonathon A. Goldie, P.E.
Manager, Civil Construction Administration
Loras A. Klostermann, P.E.
Group Manager, Geotechnical Engineering
ACCEPTED:
City of Blair, Nebraska
TITLE € d
DATE - _—
Attachments (General Conditions, Supplemental General Conditions)
IF -01n- L
Estimated Quantities for Construction Materials Testing and Special Inspection Services
Blair Public Library and Tech Center Earthwork and Street Paving Packages
Blair, Nebraska
ESTIMATED
UNIT COST
TOTAL
SERVICE / TEST
UNITS
COST
Earthwork / Structural Fill Services
1
I
• Field Moisture and Density Tests (ASTM D6938)
' 65 tests
$30 00/test
$1,950.00
Standard Proctor Tests (ASTM D698)
; 1 test
$145.00/test
$145.00
• Atterberg Limits Tests (ASTM D4318)
1 test
12 crew
!
$70.00/test
$130.00/crew 1
$70.00
$1,560.00
• Survey Settlement Plates (2 man crew, includes trip time)
hours------ i__._—.--------
6 hours (
4 hours
6 hours
hour
$70.00/hour i $420.00
$125.00/hour j $500.00
$155.00/hour j $930.00
• Settlement Plate Reporting (CAD Technician)
• Registered Land Surveyor (Manage Crew, Oversight)
• Settlement Analysis (Geotechnical Engineer)
Concrete Testing (Storm Sewer Structures and Street
Pavement
Fresh Concrete Tests (Slump, Air, Temp, Cast 3 cylinders)
i 10 test sets
r
$72.00/test set
$720.00
ASTM C143, C231, C1064, C31)--
30 cylinders
$15.00/cylinder
$450.00
Compressive Strength Cylinders (ASTM C39)
Other 1
3
e Registered Engineer (Project Management, Oversight) 1
8 hours
5 hours
30 trips
I$65.00/hour
i
$125.00/hour E
;
$130.00/trip I
$1,000.00
$325.00
$3,900.00
• Clerical (Report Preparation, Distribution)
Charge Testing Only) ;
e Technician Trip (Materials
—
- Total Estimated Cost
$11,970.00
GENERAL CONDITIONS
REUSE OF DOCUMENTS. All documents
including drawings, specifications and CADD data
on electronic media furnished by The Schemmer
Associates Inc, pursuant to this Agreement are
instruments of its services in respect to this project.
They are not intended or represented to be suitable
for reuse on extensions of this project or on any
other project. Any reuse without specific written
verification or adaptation by The Schemmer
Associates Inc. shall be at the user's sole risk and
without liability or legal exposure to The
Schemmer Associates Inc., and the other party to
this Agreement shall indemnify arid hold harmless
The Schemmer Associates Inc. from all claims,
damages, losses and expenses including attorneys'
fees arising out of or resulting therefrom. Any
such verification or adaptation will entitle The
Schemtner Associates Inc. to further
compensation.
2. ESTIMATES. Since The Schernmer Associates
Inc. has no control over the cost of labor, materials
or equipment or over the contractor(s)' methods of
determining prices, or over competitive bidding or
market conditions, estimates of project cost are
made on the basis of experience and qualifications
and represent the best judgment of design
professionals familiar with the industry, but The
Schemmer Associates Inc. cannot and does not
guarantee that proposals, bids or project costs will
not vary from estimates of cost prepared by The
Schemmer Associates Inc,
SUSPENSION OR ABANDONMENT. If the
project is suspended for more than three months or
abandoned in whole or in part, The Schernmer
Associates Inc. 'shall be paid compensation for
services performed prior to receipt of written
notice of such suspension or abandonment,
together with reimbursable expenses then due.
TERMINATION. This Agreement may be
terminated by either party upon seven days' written
notice should either party fail substantially to
perform in accordance with its terms through no
fault of the other. In the event of termination due
to the fault of others than The Schemmer
Associates Inc., The Schemmer Associates Inc.
shall be paid compensation for services performed
to termination date, including reimbursable
expenses then due.
5. SUCCESSORS AND ASSIGNS. Each party to
this Agreement binds hirnllterself, his/her partners,
successors, assigns and legal representatives to the
other party, his/her partners, successors, assigns
and legal representatives with respect to all
covenants of this Agreement, Neither party shall
assign, sublet or transfer his/her interest in this
Agreement without the written consent of the
other.
6. PAYMENTS. Payments due The Schemmer
Associates Inc. under this Agreement shall be
payable within thirty (30) days of the date of
billing. If full payment is not received within sixty
(60) days of the date of billing, the payment shall
bear interest at the highest rate permitted by law
but not exceeding eighteen percent (18%).
DELINQUENT PAYMENTS. (a) Delinquent
Progress Payments: It is understood and agreed
that should any progress payment hereunder
remain due and unpaid for a period of 60 days
after invoice, that all services on the part of The
Schemmer Associates Inc. will cease and will not
resume until all amounts owing for services
rendered have been paid in full. Cessation shall
not constitute a breach of The Schemmer
Associates Inc.'s duties under this agreement, or
an election of remedies, and The Schemmer
Associates Inc. shall be fully indemnified for any
liability or damages thereby caused. (b) Legal
Action: No account will be held by The
Schemmer Associates Inc. more than 90 days after
their invoice. At the end of 90 days all such
accounts will be referred for appropriate legal
action. (c) Mechanics Liens: Unless specific
arrangements for delayed payments have been
made, by written agreement, all mechanics lien
rights available to The Schemmer Associates Inc,
will be exercised within the time period allowed
by law.
8. TAX. The amount of any excise, gross receipts or
sales tax that may be imposed shall be invoiced as
a reimbursable expense.
HAZARDOUS MATERIALS. Unless otherwise
provided in this Agreement, The Schemmer
Associates and The Schemmer Associates'
consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal
of or exposure of persons to hazardous materials
in any form, including but not limited to asbestos,
asbestos products, polychlorinated biphenyl (PCB)
or other toxic substances. The Schemmer
Associates Inc. shall be indemnified and held
hatmless against all claims related to hazardous
materials.
TS.A Form 7 12/06
10. NOTICE OF LIMITATION OF AGENTS'
AUTHORITY. It is understood and
acknowledged that no agent, officer, or principal
of The Schemmer Associates Inc. is authorized to
vary the terms of this agreernent in any particular,
except by writing, expressly limiting the
application of the terms of this Agreement.
Il.INVALIDATION OF PROFESSIONAL
LIABILITY INSURANCE. The Sehemmer
Associates shall not knowingly take any action
called for by this agreement or arising from the
course of this project which shall cause loss of the
The Schemmer Associates' professional liability
insurance coverage for this project or any aspect
of it.
12. LIMITATION OF LIABILITY. To the fullest
extent permitted, by law, the Client agrees to limit
The Schemmer Associates Inc.'s liability for the
Client's damages to the sum of $50,000 or The
Schemmer Associates Inc.'s fee, whichever is
greater. TWs limitation shall apply regardless of
the cause of action or legal theory pled or asserted.
13. COMPUTER AIDED DESIGNIDRAFTING
(CADD). CADD may be utilized to prepare
drawings, specifications, calculations, and other
instruments of service prepared by The Schemmer
Associates Inc. Submitted data files are intended
to work only as described in the agreement and are
compatible only with the original hardware and
software used to create the files.
13.1. Because data stored on electronic media
can deteriorate undetected or be modified without
the knowledge of The Schemmer Associates Inc.,
the Owner agrees to accept responsibility for the
completeness, correctness, and readability of the
electronic media after an acceptance period of 30
days after delivery of the electronic files, and that
upon the expiration of this acceptance period, the
Owner will indemnify and save harmless The
Schemmer Associates Inc. for any and all claims,
losses, costs, damages, awards, or judgments
arising from use of the electronic media files or
output generated from them. The Schemmer
Associates Inc. agrees that it is responsible for the
accuracy of the sealed hard copy drawings that
have been or will be submitted, and that such
accuracy is defined as the care and skill ordinarily
used by members of the profession practicing
under similar conditions at the same time and in
the same locality. The Schemmer Associates Inc.
makes no warranties, express or implied, under
this agreement or otherwise, in connection with
the services provided.
13.2. The electronic files are submitted to the
client for a 30 -day acceptance period. During this
period, the client may review and examine these
files. Any errors detected during this time will be
corrected by The Schemmer Associates Inc. as
part of the basic agreement. Any changes
requested after the acceptance period will be
considered additional services to be .performed on
a time and materials basis, at the standard cost
plus terms and conditions. The Schemmer
Associates Inc. is riot required to maintain copies
of the electronic files beyond the acceptance
period after delivery of the files.
13.3. The Owner shall be permitted to retain
copies of the drawings and specifications prepared
in CADD format for the Okvner's information.
Due to the potential that the information set forth
on the electronic media can be modified by the
Owner, unintentionally or otherwise, The
Schemmer Associates reserves the right to remove
all indicia of its ownership and/or involvement
from each electronic file.
13.4. Any use or reuse of altered files by the
Owner or others without written authorization or
CADD adaptation by The Schemmer Associates
Inc. for the specific purpose intended will be at the
Owner's risk and full legal responsibility.
Furthermore, the Owner will, to the fullest extent
permitted by law, indemnify and hold The
Schemmer Associates Inc. harmless from any and
all claims, suits, liability, demands, or costs
arising out of or resulting from such use. Any
such authorization or CADD adaptation by the
Owner will entitle The Schemmer Associates Inc.
to additional compensation at the rates established
as part of this agreement.
14, GEOTECHNICAL MATERIALS TESTING
SERVICE. In the case that geotechnical and/or
materials testing services are provided by The
Schemmer Associates Inc., our supplementary
General Conditions for Geotechnical and
Materials Testing shall be considered a part of
this document.
TSA Fomi 7 12106
SUPPI.,EMENTAL GENERAL CONDITIONS
GEOTECHNICAL AND MATERIALS TESTING
SCOPE OF WORK. The Schemmer Associates
Inc, shall perform the services described in the
contract and shall invoice the client for those
services at the contract rates. Any cost estimates
stated in this contract shall not be considered as
firm figures unless specifically stated in this
contract. If unexpected site conditions are
discovered, additional services may be required,
If so, upon approval by the owner, The
Schernmer Associates Inc. will provide
necessary additional services at the contract
rates.
2. ACCESS TO SITES, PERMITS, AND
APPROVALS. The client shall furnish The
Schemmer Associates Inc. with right -of -access
to the site in order to conduct the planned
exploration. Unless otherwise agreed, the client
will also secure all necessary permits, approvals,
licenses, and consents necessary to the
performance of the services hereunder. While
The Schemmer Associates Inc. will take
reasonable precautions to minimize damage to
the property, it is understood by the client that,
in the normal course of work, sonic damage may
occur, the restoration of which is not part of this
agreement.
3. UTILITIES. In the performance of its work,
The Schemmer Associates Inc. will take
reasonable precautions to avoid damage or
injury to subsurface utilities or structures. This
includes requesting locates of utility owned lines
and services. The client agrees to hold The
Schernmer Associates Inc. harmless and
indemnify The Schemmer Associates Inc. for
any claims, payments, or other liability,
including attorney fees, incurred by The
Schernmer Associates Inc. for damage to any
privately owned subsurface utilities or structures
which are not correctly identified to The
Schemmer Associates Inc.
4. UNANTICIPATED HAZARDOUS
MATERIALS. It shall be the duty of the client
to advise The Schemmer Associates Inc. of any
known or suspected hazardous substances which
are or may be related to the services provided;
such hazardous substances including but not
limited to products, materials, or wastes which
may exist on or near any premises upon which
work is to be performed by The Schernmer
Associates Inc. If The Schemmer Associates
Inc. observes or suspects the existence of
hazardous materials during the course of
providing services, The Schemmer Associates
Inc. may, at its option, terminate further work on
the project and notify client of the conditions.
Services will be resumed only after a
renegotiation of scope of services and fees. In
the event that such renegotiation cannot occur to
the satisfaction of The Schemmer Associates
Inc., The Schemmer Associates Inc, may, at its
option, terminate this contract. It is understood
and agreed that The Schemmer Associates Inc.
does not create, generate, or at any time take
possession or ownership of hazardous materials
as a result of its exploration services.
5. REPORTS. The Schemmer Associates Inc.
will furnish up to 3 copies of reports to the
client. Additional copies will be provided at the
expense of the client,
6. OWNERSHIP OF DOCUMENTS. All
reports, boring logs, data, notes, calculations,
estimates, and other documents prepared by The
Schemmer Associates Inc. as instruments of
service shall remain the property of The
Schemmer Associates Inc.
7. SAMPLE DISPOSAL. Unless otherwise
agreed, test specimens or samples will be
disposed of immediately upon completion of the
test.
b. CONFIDENTIALITY. The Schemmer
Associates Inc. will hold confidential all
business or technical information obtained from
the client or generated in the performance of
services hereunder and identified in writing by
the client as confidential. The Schemmer
Associates Inc. will not disclose such
TSA Foran 7 -SUP 11/06
information without the client's consent except
to the extent required for; 1) performance of
services under this contract; 2) compliance with
professional standards of conduct for
preservation of public safety, health, and
welfare; 3) compliance with any court order or
other governmental directive; andlor 4)
protection of The Schemmer Associates Inc.
against claims or liabilities arising from
performance of services under this contract.
The Schemmer Associates Inc. obligations
hereunder shall not apply to information in the
public domain or lawfully acquired on a non -
confidential basis from others. The Schemmer
Associates Inc. technical and pricing
information are to be considered confidential
and proprietary, and shall not be released or
otherwise made available by client to any third
party without the express written consent of The
Schemmer Associates Inc.
9. STANDARD OF CARE. Services performed
by The Schemmer Associates Inc. under this
contract will be conducted in a manner
consistent with the level of care and skill
ordinarily exercised by members of the
profession currently practicing under similar
conditions. No other warranty, expressed or
implied, is made or intended by the proposal for
services or by furnishing oral or written reports
of the findings made. The client recognizes that
The Schemmer Associates Inc. does not owe
any fiduciary responsibility to the client. The
client further recognizes that subsurface
conditions may vaiy from those encountered at
the location where borings, surveys, tests, or
explorations are made by The Schemmer
Associates Inc., and that the data,
interpretations, and recommendations of The
Schemmer Associates Inc. are based solely
upon the data available to The Schemmer
Associates Inc. The Schemmer Associates
Inc. will be responsible for those data,
interpretations, and recommendations, but shall
not be responsible for the interpretation by
others of the information developed.
10. PRECEDENCE,. 'These standards, terms, and
conditions shall take precedence over any
inconsistent or contradictory language contained
in any proposal, contract, purchase order,
requisition, notice to proceed, or like document
regarding The Schemmer Associates Inc,
services.
11. PROVISIONS SEVERABLE. In the event
that any of the provisions of these General
Conditions should be found to be unenforceable,
it shall be stricken and the remaining provisions
shall be enforceable.
TSA Form 7 -SUP > 1106