HomeMy WebLinkAboutC2005-350 - 7/26/2005 - Approved AGREEMENT
for
Con~a~'flon &lg~r~b En~ln~rln~ LJbomt~ry'm
Irmlx~Jon ~nd MM~r~b TaaffnG ~rvtc~
This AGREEMENT ia between ~ City of Corpus Chri~d, Texaa, a Texas
home-rule municipal corporation, 'CITY', acUng through i~ duly authorized City Manager or
designee ('City Engineer"), and Trlnlt~ Fq-lneerlP,~K~l~t~der, a T~ corporation or
partnemhip, "LAB', acting through Its duly authorized r~reee.-~;..;;~e who is
· ;.'-~.~r :.r.c":4'~;~ (Name) ~r.~', 4 ,"~,;/,~'~.~c.~- ('rrde),whichagree
as follows:
1. D~CLARATIONS 'CFI'Y' daaim to engage "LAB" to provtde aarvtce~
,n connection with City's project, described aa foflows: J. C, FIIlett I '~lflll ~ 11
SLER I Gl FR I IBER Doe~,,e~tbdkm (PrMeet No, 6174 & 6176! 'PROJECT'.
2. 8COPE OF WORK "LAB" shall provide services to the PROJECT In
accordance with the accompanying Scope of Services and Fee Schedule attacMd aa
"Exhibit A" and the Terms and CondYdons to AGREEMENT ~,..ched aa 'F_xhlblt B".
3. FEE The "CITY" agreee to pay the "LAB" for aarvtce~ provided In
a__~_rdance wt~ Exhbit "A", Scope of Servicaa and Fee Schedule under thM
AGREEMENT, a total fee not to exceed $137.~.00 (in figures), (One Hundr~l Thirty
Seven Thousand Five Hundred Nlnet'v 8ix and nMxx dollam (In words).
4. cn'Y'~ DISCLOSURE OF I-IAZARDO~ & TOXIC I&~.~
CONDI33ON$ AT THE PROJECT SITE. "CITY' warra,,l~ to "I_A~ that to the beat of
knowledge, based upon curren'dy available ii~forrnation, the only hazardous or toxic
materials aa defined by the ~ and regulations of the Federal government, the state, and
city which exist at the PROJECT SITE are aa follow~: None "CITY' nctmow~edgaa and
confirms that "LAB" ia relying upon the above warranty In undertaldng to perform
servicaa de~'ibed In this AGREEMENT.
CITY OF CORPUS CHRISTI LAB:
Ronald F. Maaaey, ; ~ (Date) )
Aaaiatant City Manager -
(Da )
A~I'EST:
Armando C~ry
P. O, Box 4293
(Dato)
APPROVED AS TO FORM:
(Addmaa)
Corou~ Chr~tl. 'IX 78489
(City/Stare/Zip)
361-854-4774 Fax;. 3~1-854-4t~4
(Phone/Fax No.)
Section I - Worimcope Descril~on
J.C. ~ l.-nalm - Sector 11
Corlm Chrbtt, Texas
General: The City of Ctspus Christi pmpo,m to exlmd co~.huciion of th9 ~ wyntmn ~
Sector 11 of the J.C. tailor Iamif~ TI~ linnr ~ for thi~ pm~ndn~.., t,~ will ctmintn a
two-foot cl~,liner, 60-m' HDPE 8ro,r.~ ~ a ~collectim ~~, ~' 5. ora
l-~oot drai~ layer taxi cbinmey, with 18 indms of ptot~v, ~. T'ne ~id~ ~opm will have
endto~llaw~,~projecia~ue~wtocompletotbcrequimt~,.,.,,,--,~-~;~ T'm~odc~- ~
lure 16,:ax~
. EXh~it A
I:~ie I of 4 [
imt~m u woi] m tb~ c~ ~n~' ~cm.
Field ~m (Ab'TM D 2922-91)
Sieve An~y~ (ASTM D 1140-92)
im,,t~-g I,tm~ (~ D 4318-93)
~Ilk~Ml*y Curve (AErM D ! 557-91)
SOCIDF 11
244
32
32
3O
2
~ I _'. q~sdfl~ ~ of ~ ~ ~ ~ ~ of re~s~ roqutmd. 'I'no ntmtb~ of
qu~fity of co. rvm,,-~e tost is l~id~d bdow:
~ 14
Oeotm:~ 4
.kin 16,2005
J~d~gl A
PIOi 2 of 4 J
tl~ wio u b~]a~ coo~-u~don, ~ BER document w~l th~m be p~ end .~.~.,~(~c,.t ia
p~42,g3'~oa. ~
· ~ Chdlt~ lilmll 7ldl(~9 · ~1) Lq4-47'74 · ~1) ~,5,4-4~24 ilar
,kme 16, 2(X)5
Section 2
j. C. ~,Jltot T,-' ai'nT
Sector 11 Com.nodte l~ner- 2 feet of Ciay/HDPE
Unit Prkm and Fee ~
g~mated g~ed
Qua~iflm Unit Rat~ Total
Soil S~-v~s 525 hr
O.T. Cc.~,~am~y 115 hr
SoU $~-vims (iU~) 40hr
IL Lal~ratm~ Testing
g200 ~ T~ 32 m 28,00
Cakn~mn C Ixu~a~ ~ 2m 450.00
warm' Te~ts I m 250.00
Si~n, An,lz, i, ~ M,,~um) 2m ~0
p, -'~lityT~~ 2~ 125.00
p, - '-'h'~r Tmtn (Clay) 30aa 300.00
Canf~ Tmls
b. (3ee~nztt~
14e~
4eu
4m
385.00
$8K00
~m~m~n,~tzs~ 3o~r
21,000.00
6,900.00
~3..~oo
1,600.00
3,7~0.00
~ms 16, 2oos
{ua.t^{
PII~ 4 o~4
ARTICLE 1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
ARTICLE 2.
will:
2.1
EXHIBIT "B"
TERMS AND CONDITIONS TO AGREEMENT
SEEVlCE$: "LAB' will:
Provide only tho~e ~ requea~d by "CITY ENGINEER" that, In the
opinion of"LAB", lie within Ifle technical or p~-~'~aaicmal areas of expedJse of
"LAB" and which "LAB" la adequately staffed and equipped to perform.
Perform technical services under the germml dlmctk)n of a licensed engineer
and in substantial accordanca with the beelc mclulremen'm of ffm approprtato
standards of the American Society for Testing and Ma'mrlab, wflem
applicable, or off, er standards designated in writing by lt"m "CITY
ENGINEER".
Promptly submit formal reporta of teats, Inapectlons and ~ervlce~ pedormed
indicating, where eppllcabie, campllance with the PROJECT aped~ or
ottmr contract docume. L~. Such reports muet be complete and factual, dung
structure of THE PROJECT ama subjected to any to.ting.
Utilize testing equipment which hae been calibrated according to applicable
standards and, upon requeet, submit to the "CITY ENGINEER", or hie
aufl~orized rel~reaentative, documentation of euch calibration.
Secure ref)resentafive semplee of those rna'mriala that the C. Aty'e Contractor
P~ to uae which require tseflng, togatfl~ with reievant data (x)ncem~
euch materials including the point of origin and supplier.
Cor~lder reports to be confidential, and dlatrlbute repor'm only to Ihoae
persona, organlzatiorm or agermise spedflcaly deeignated In writing by the
"CITY ENGINEER".
Rebain records relating to services performed for "CITY" for a period of tvm
years following subml~ion of any reports, dudng which period the record~
will be made avallabie to l~e "Cfi'Y" at all maaormbie tlmee.
unemployment taxes, and any other slmitar payroll taxee mlat~g to the
service~.
CITY RESPONSlBILmE$: City Englnee~ or authe.,,'l : :1 mpmaentathm
Provide "LAB" with all plane, s~, addenda, change ordem,
approved shop drawinga and ol~er Infom'~aUon ~ ~ proper ~ of
services by "LAB".
TERMS AND CONDmONS TO A43RE]~aENT
(REVlSED JANUARY, 1898)
PN3E1 OF4
2.2
2.3
2.4
2.5
AR'I'IGLE 3.
3.'~
3.2
Issue authorization in writing giving "LAB" free access to THE PROJECT
site, and to all shof~ or yards where materlai~ are prepared or stor~l.
Designate in writing those pemons or flrm~ which will act as the 'CITY~"
representative with respe~ to "LAB'S' senn~es to be performed under
AGREEMENT and which must be promptly notified by"l_AB"when It appear~
that rnatedals teated or inspected am In non-compliance. Only rite 'CrTY
ENGINEER' or his designated representative have authority to tranemlt
Instructions, receive information and c~u[u, ink3rpre~ and defl~e the crrY'~
pollcias and decisions with respect to THE PROJECT. "LAB'
that certain "CITY" representatives may have different typas of authority
conceming THE PROJECT.
Advise "LAB" sufficiently In advance of any operations so as to allow for
assignment of pemonnel by "LAB" for completion of Ihe required ~ervtces.
Such advance notice will be in accordance w~h that esta~hed by mutual
Direct THE PROJECT co.~=~ur, either by the Construction Co.[act or
direct written order to:
(a)
(b)
Fumisb such labor and all facilllJas needed by "LAB' to o~=ln and
handle samples at THE PROJECT end to facilitate the spedfted
ina~n and tests;
(c)
Provide and maintain for uae of 'LAB" adequate space at THE
PROJECT for safe storage and proffer cudng of test ar-..ec~, ~ which
must remain on THE PROJECT site prior to, during, and up to 60
days after tes'dng.
GENERAL CONDITIONS
"LAB", by the performance of ~ covered hereunder, does not In any
way assume, abridge or abrogate any of thoee duth~, ~llitlas or
authorities with regard to THE PROJECT which, by custom or c~bact, em
vested in THE PROJECT architect, design englneem, or any other deelgn
agencies or eufl~oritias.
'LAB" is not authortzed to aupen~i~e, alter, relax, enlarge or release any
requirement of THE PROJECT ~pecif~bons or olt~r con[act docarner~
nor to approve or accept any portion of the work. "LAB" doe~ not have the
right of ~n or the right to atop the work. "CITY ENGINEER" will direct
THE PROJECT cont3'actor to atop work at appropriate tlrnas for "LAB" to
conduct the sampling, tesfirlg, or inai3ecbon of of3efaflona coveel~l by the
AGREEMENT.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1
4.2
"CITY" and "LAB" agree that "LAB" will be omalto to pedorm Inspectlorm for
contracted sarvlcea. The "CITY" and "LAB" also agree that "LAB" will no~
assume responsibility for PROJECT C_,on'ffact~m means, meltxxls,
technklues, sequences or procedum~ of constmcl~, and It is understood
that the final eervtce~ provided by 'LAB" will not relieve the PROJECT
Contractor of his responsi~i#tles for performing ltm work in accordar~ce with
THE PROJECT plans and specifications. For rite purposes of this
AGREEMENT, the word "inspection" is used to mean periodic obee~vation of
the work and the conducting of tests by "LAB" a~ specified In the
AGREEMENT. Continuous monitoring by "LAB" or Its aubco~-~b'actom ~
not mean that "LAB" is approving placement of materials. In~oectlon is not
and should not be con, hued to be a warranty by "LAB" to the "CI'I'Y" or any
other party.
Semple~ coliectad or teated by "LAB" remain the property offfm "CITY' wh~e
in the ctmtody of the "LAB". "LAB" will retain the samplee for a period of 60
days following fl'm da~e of ~ubmisNon of any report reis'md to the sample.
Following the retention period, 'I_AB' wil diapoae of non-hm,-n:k)ua samples,
and return hazardous, acutely to)dc, or radloacb've samples and samplea
containers and residues to "CITY'. "CITY" agme~ to accept ~uch samples
and samplea containers.
ARTICLE
STANDARD OF CARE AND WARRANTY
Services performed by "LAB" will be conducl~d in a m~nne~ con~nt v~th
that level of care and skill ordinarily exercised by reputable rnembem of the
profession currently practicing under airnllar conditions In the same locality.
No other warranty either exprmmad or k~plled is made or intended by the
AGREEMENT or any reports. "LAB" will not be rmponsa~ for thee
in~erpratation or use by others of d-[a developed by "LAB".
"CITY' and "LAB" agree ~ In accordance with the generally accel~ed
construcl~3n practice, the PROJECT[IS general cont~ctor will be solely and
completely reeponslble for working condltiona on THE PROJECT, Including
safety of all persons and properb/during the perfo,,,,anca of the work, and
for compliance with all munlcipel, ~e, and federal Imam, rules and
regulations, including OSHA. The duty Of"LAB" in provkllng ~,'lce~ is not,
the~;o~e, to include any review of, or responeiblllty for, the adequacy of the
PROJECT'S general contractors safety measures in, on, or near THE
PROJECT site.
TERM8 AND CONDfT1ONS TO AGR~-"MENT
(REWS~ JANU~'d~', 1998)
PAGE 3 OF4
ARTICLE 7. INVOICES AND PAYIIIENT
AR'I3CLE 8.
8.1
8.2
8.3
"LAB' will submit progre~ invoices to 'CITY ENGINEER" mc.,U,ly and final
invoice upon completion of service. Each invo~ b due and payable by
'CITY" within 30 days of receipt and approval to pay by the City Englns~'.
EXTENT OF AGREEIiIENT
Thi~ AGREEMENT, Including Exhibit "A" and these terrns and condilJona,
represents the entire AGREEMENT between "CITY" and ~ 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 reprasentatNe Of"CITY" and 'LAB". fishy conflk=t
occum ~n these terms and conditions and this AGREEMENT, thase
terms and conditions are co~t~ulllng.
In the event that any one or more of the provisions cth-~ed In this
AGREEMENT am for any mason held Invalid, Illegal or unenforceable In any
re~o~=t, the remaining terme will be In full effect and this AGREEMENT will
be consbued as if the Invalid or unenforceable rnatter~ w~re never Included
in this AGREEMENT. No waiver of any default will be a waiver of any future
default.
Neither party will ~ign this AGREEMENT without the expree~ writtea
approval of the other, but "LAB" may a~13co.bact labora'u~'y proceduras as
"LAB" deems necessary to meet the obligations of this AGREEMENT.
TERM8 AND CONDITION8 TO ,a~3R~=MENT
(REVISED ~, 1998)
PAGE 40~ 4
crrY OF CORPUS CHR~811
DISCLOSURE OF
C~ ot Corpus Chrletl Ordinm'N:e 17112, ,',,, amended, requires al persorm or f'rms imeddng ID CIo b{jMleea wilh ~le City
~~f~ilowvk~II,,~ Evm'yquesUonrnustbeanawered. ffthe~bF, ot~enMyWth
"N/A-
crrY: ~ <
2. Par'l~lp 3. Sole Owr~
DISCLOSURE QUES'TION8
ff add,tional Ispece t8 mK:esaary, p4eeae u~e the reveme side od thb pal~ or uU.ch le~ itxmeL
3% or n~re o~ the owne~hlp ~ the abeY~ named r~m.
State tM nm-~ of eecfl ofllc~ of the City of Corpu= Chrl~ haying an own~lhlp ~ ~ng
3% (x' rriom of Ihe (mTlemhlp In the lb(wi named finn.
._ r.
State the nanl~ of each board member ofth~ City of Corpus Chrl~l haying an
co--rig 3% or mom of b'te ownellhlp In the lb(we named fem.
State the namee of e~h employee or officer of · ~onaultant for the Clty of Corpua Chrl~ wire w~ked
on any ~ ~ to the .abject M thll co.,b.ct and h~ In owner~lp Intar~t cMmtitufl~g 3~, or
more of b~e own~lhlp In the above named firm.
CERm mrmC~TE
wlthh~cl cliacloeure of any ,'~)rmat]cm requested; and that supp4efz~ntal statemen~ w~! be prorr~ ~Jbrnlttsd to lhe
City of CO~l~S Christi, Texas as changes __~_'~_Jr
DEFINITIONS
Corpum Chrt~, Texas.
ns an ~ ~,b .c~r
Deoartrnent and Dlvt~lon Heeds and Municipal Court Judgas of b"m City of Coq3ue Ct'~l~tl, T~.
~:,>ntrol established bhrough vol~g trusts, pmxles or special b~rms of vanture or parb3erahlp agreern~,bs.
Consultant Any person or firm, such as eegineers and sn=hitects, I'dred by the City of Coq:x~ Christi for
purl>rise of professional consultation and recommendation.