HomeMy WebLinkAboutC2005-421 - 8/30/2005 - Approved AGREEMENT for
Consl~uclion Materials Engineering ~ .horatory's
Inspection and Materials Te~dng Services
This AGREEMENT is by and between the City of Coqx~ Christi, Texas, heminafl~r calfl~d
'CITY" and FUGRO CONSULTANTS, INC, , hereinaftsr called "LAB', which agree as fo~wa:
1. DECLARATIONS. "CITY" desires to engage "LAB' to provide services In
connection with City's proJec~ hereinafter called THE PROJECT, described as follows:
SEAWALL R;CONSTRUCTION PROJECT - CONTRACT D - COOPER8 /-i;y TO
HOLLIDAY INN - PROJECT No, :}172
2. SCOPE OF WORK. "LAB' shall pmvlde services for THE PROJECT In
accordance w;bL, the accompanying Scope of Services and Fee Schedule al/ached as 'Exhlblt
A" and the Terms and Condl'dons to AGREEMENT attached as 'Exhibit B'.
3. FEE. The "CITY" agrees to pay the "LAB" for a~rvices prov~le~ In accordance
with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a [u[.; fee not to
exceed $64,6~0.00 (in figures), (Sixty Four Thou~nd Six Hundlred Thirty Dell-m And
No/Cerlt~ (in words).
4. CITY'S DISCLOSURE OF HAZARDOUS & TOXJC llL4TERLN.8 AND
CONDITIONS AT THE PROJECT. "CITY" warrants to "LAB" that to the be~t of Ils knowledge,
based upon currently available information, the only hn-x-rdous or toxic rnaterlals, as defined by
the ~ and regula'dons of the Federal governmerrt, ~ state, and city which exit at THE
PROJECT are as follow~:NONE "CITY" acknowledges and confirms that "LAB" i~ relying upon
the above warranty in underteklng to perform ~ services descri=ed In this AGREEMENT.
CITY OF CORPUS CHRISTI
Ronald F. Maseey ,~
(Date)
ATI'EST:
vO,~E,,--'t~'~''''''~- ' '~il~Tnr'~ 'NC,
(Name)
nd~ 'f'/~//"'~'"'"' 1205 Norbh(Address)Tencahua
Arrna (Date) CORPUS CHRISTI, TX 78416
RECOMMENDED:
bar. P.E.
(SIGNATURE) '
APPROVED A8 TO FORM;
kegai rtrnerff (Date)
(City, State, Zip)
(512) 882-5411 Fax (512) 882-4~8
(Phone No.)
Fusro (' omJ]ultnnt~
2005-421
M2005-306
FUQRO CON~ILTANTS LP
A'n'ENTION' Mr. Angel F.~:t~:lr, P. E
SUBJECT: EXIIBIT 'A" BUDGET
" .... 'reeling Sardcae Dm'~ng
SEAWALL .,..C~IIB ~ ~ICTION PROJECT
CONTRACT D
Cc~x~ ~, Tex~
T~: (3el) 882-E411
Fmc (~)1) M2-40~
In ~ Mth yo~ requeet, we h~ve da~,~'.opad the ~ budget for Ute m~Ject eervJcee In ~
.moist of
FUGRO CONSULTANT~ GP EEC
W. Chuck RtMd~, P. E.
IExhl~t A
I~ 1 of 3 I
BUDGET ESTIMATE
~,AWALL BECO~ON ~
~CON'I'BACF D~
crFY OF COi/lq~ CliBINTI ~ NI: 3172
PROIN~AL Irli~l.4iS-0~
BUDGET 13TIMATI
s. COMPACI'BD BACKJTLL (INrI3AL)
l~slm~Demitylt,-' '~ ". -FILL(AS'fMD6~),eu~h
ln-P'dOO Damlty O 1 per 150 fl pf Im
6. (X)Nd~XTE PU..E CAP (IL4LR WALL)
p~r m(~S,L~ omni. 2 um ~ 7 mi 2 ~ 28 ci~
C_.mnu~ 8amllt~ & Traits[ ~' dan~str tnnp & n~ tnnp,
lxr m of'S, Fllc~'~ (:qa~d, 2 bd~ ~ 7 md 2 ~ 28 ds~s
F%' - ' ~Tooimicd~pa'~r.(eimd, by~ l~21rperm)
12
12
12
2
12
35
35
35
12
2
2
2
16
32
32
16
$120.00
S14~.00
$120.(X)
$155.a)
$135.oo
s145.oo
Ploo 2 o(3
BUDGET ES~MATE
E]ERIRFF "&" - B~ ESTIMA~
COMPACTED BACKFILL (/INAL) · SUB(;RADE ~ AFRO~ A~WUm * PARK]N~ rFC
.~ C~ elch 5 S42,00 210.00
~ ~l,-' -;, · '. SU]~(~IADE (AffTM D 698), m 2 $135.00 27~_._n0
I~i~, ..... . FILL (ASTM D 6~), oanh 2 $155.00 310,00
F.~ T~ lxr Ir. (~ o~ I/2 hr per trot) 20 $42.00 840.00
BUI){~"T TOTAL
P~q~ 3 ~3 f
EXHIBIT "B'
TERMS AND CONDITIONS TO AGREEMENT
ARTICLE 1.
1.1
SERVICES: "LAB" wllh
Provide only those services requested by "CITY' that, In the opinion of
"LAB", lie within Itm technical or professional areas of expertise of"LAB" and
1.2
Perfo,., technical services under the general direction of a licensed engineer
and In substantial accordance with the basic requlmrne~ of the appropriele
standards of the American Society for Testing and Materials, where
applicable, or other standards designated in writing by the 'CITY".
1.3
Promptly subrnit formal reporls of te~, inspections and sorvtce, pedmmad
indicating, where applicable, compliance with THE PROJECT s~ns
or othe~ contract documents. Such reports shall be complete and factual,
citing the tests perfo, ,,,~:1, mat:hods employed, values obtained, and parts of
the slzuctum of THE PROJECT area subJectod to any testing.
1.4
Utilize testing equipment which has been calibrated accon:llng to app~=abie
.~andards and, upon request, submit to the "CITY", or Its authorized
representative, documentation of such celib,,.Eon.
Secure mpreae~..Eve semples of those rna'm~la contrac~ propmme to uae
which require te.ting, together w~th reiavant data conceming such matedal~
including the point of odgin and supplier.
1.5
Consider relx)rt~ to be confidential, and distribute relx)r'm ortly to those
persons, organizations or agencies specifically dealgna~=,d In wrl'dng by the
"CITY" or its authorized representative.
1.6
Retain records misting to services performed for "CITY" for a period of two
years following submisei(m of any reports, dudng which period the records
will be made avallabie to the "CITY" at all reasonab~ times.
1.7
Pay salaries, wages, expenses, social security taxes, faderal and state
unemployment taxes, and any u[her similar payroll taxes relating to the
sen~ces.
ARTICLE 2. CITY RESPONSIBIUTIE8: City or an authorized mpmeen'm~ve w'lll:
2.1 Provide "LAB" with all plans, specifications, addenda, change ordem,
approved shop drawings and other information for the proper performance of
services by "LAB"
Terms and Conditions
Page1 of 4
2.2
2.3
2.4
2.5
3.2
Issue authorization in writing giving "LAB" free accea~ to THE PROJECT
site, and to all shops or yards where materials am prepared or stored.
Designate ~n writing those persons or firms which will act aa the "CITY's'
representative with respect to 'LAB'S" services to be performed under this
AGREEMENT and to be promptly notified by "LAB" when it appeam that
materials teated or Inspected am in non-compliance. Only a "Cr'l-Y'
representative shall have authority to ~anarnlt irm~'uctions, receive
informa'do~ and da~a, interpret and define the CI'I'Y~ pollcise and dedsiorm
with respect to THE PROJECT. "LAB" acknowledges fi'mt certain "CITY"
representatives may have different types of authority co~cemlng THE
PROJECT
Advise "LAB" sufficiently in advance of any operations so es to allow for
assignment of personnel by "LAB" for completion of the requlrad servlcee.
Such advance notice shall be in accordance wffi't that e=;-blishad by mutual
agreement of the parties.
Direct THE PROJECT cor,[~actor, either by the Construction Cofi[~act or
direct w~'u=n order to:
(a)
Stop work at the appropriate times for "LAB" to perform contracted
service~;
(b)
Furnish such labor and all facilities needed by "LAB" to o~t~ln and
handle samples at THE PROJECT and to facilitate the specified
inspection and tests;
(c)
Provide and mail-,lain for use of "LAB" adequate space at THE
PROJECT for sefe ~=,'age and proper cudng of test apectme~m which
must remain on THE PROJECT site prior to, during, and up to 80
days after testing.
GENERAJ_ CONDITION8
"LAB", by the performance of seMces covered hereunder, does not in any
way assume, abridge or abrogate any of those duties, responsE)llltles or
autflorYdes with regard to THE PROJECT which, by ~ or contract, am
vested in THE PROJECT architects, dselgn englneem, or any other dselgn
agencies or au~orifies.
"LAB" is not authorized to supervise, alter, relax, enlarge or release any
requirement of THE PROJECT specifications or other co~-,[,,ct documents
nor to approve or accept any porlJon of the work. "LAB" shaJl not have the
right of rejection or the right to ~b:,-p the work. "CITY" wtl direct THE
Terms and Conditions
Page2 of 4
ARTICLE 4.
4.1
4.2
PROJECT con,ac[ur to st~ work at appropriate times for "LAB" to conduct
the sampling, testing, or inspection of operations covered by rite
AGREEMENT.
FIELD ll~ONITORING AND TESTING
· CITY* and "LAB" agree that "LAB' will be on-site to perform inspec~ons for
conbacted sarvice~. The "CITY' and "LAB' also agree h~at 'LAB" will not
assume responsibility for lhe contnactor's means, methods, techniques,
sequences or procedures of construction, and it is undemtood that ~ final
services provided by "LAB" will not relieve the contractor of his
responsibilities for performing the work In accordance ~ THE PROJECT
plans and specifications. For the purposes of this AGREEMENT, rite word
"inspection" is used to mean periodic observatlo~ of the work and the
conductJng of tests by "LAB" as specified In the AGREEMENT. Continuous
monitoring by "LAB" or its subco~-]bactom does not mean that "LAB" is
approving placarnent of matertais. Inspection is not and should not be
co~sb~ed to be a warranty by "LAB" to the "CITY" or any other party.
Samples col ~leck~ or tested by"LAB" remain the Ixoperty of the "C ITY' wh~e
in the custody of the "LAB". 'LAB" will retain fl'm ssmple~ for a period of 60
days following the da~e of subrnlsslon of any report related to the sample.
Following the retention period, "LAB" will dispoee of non-hazardous ssmplss,
and retum hn~rdous, acutely toxic, or radloactNe samples and samples
containers and residues to "CITY". "CITY" agrees to accost ~ch sarnples
and samples containers.
STANDARD OF CARE AND WARRANTY
Services performed by "LAB" will be conducted in a manner conal~e~ with
that level of cam and skill ordinarily exercised by reputable membem of the
profession currently practicing under similar conditions In the same locality.
No other warranty either expre~ed or implied is made or Intended by the
AGREEMENT or any reflorta. "LAB" will not be responsible for the
interprataflo~ or usa by others of d-,ia developed by "LAB".
"CITY" and "LAB" agree that, in accordance with the generally accet~
constnJctlon practJce, the general con[~'~,ctor will be ~ and completely
responsible for working conditions on THE PROJECT, including safaty of
persons and proflerty dudng the perfo,,,,ance of the work, and compliance
wffh all munlcipa[, state, and federa[ [awn, ruies and mgu[atlorm, [nclud[ng
OSHA. The duty of "LAB" in providing services is not, therefore, to Include
any r~view of, or respons[b[[ity for, the adequncy of the germ'a[ co,Yoactor~
Terms and Conditions
Page 3 of 4
ARTICLE 8.
8.1
8.2
8.3
measures In, on, or near THE PROJECT site.
INVOICES AND PAYI~ENT
"LAB" will submit progress invoices to "CITY" mor~ly and final Invoice upon
completion of services. Each invoice, o~ presentation, is due and peyable by
EX'rENT OF AGREEMENT
This AGREEMENT, Including Exhibit "A" and these terms and condll]ons,
represents the entire AGREEMENT between '~,I'I'Y" and 'LAB' and
supersedes all prior negotiation, representations or agreemer~, ~ or
omi. This AGREEMENT may be amended only by a v,~'u=n Instrument
signed by "CI'I-YTM and "LAB". Should any conflict occtJr betwe~t these terms
and conditions and thhis AGREEMENT. It is understood that these terms and
conditions shall be controlling.
In the event that any one or mom of the provisions conteJned In this
AGREEMENT shall for any reason be held Irnmlld, Illegal ~ unsnfomeabie In
any re,oecd, the remaining terms will be In full =~'=ct and this AGREEMENT
will be construed aa if the invalid or unenforceable mattem were never
included In this AGREEMENT. No waiver of any default will be a waiver of
any future default.
Neither party will assign fi'tls AGREEMENT wffi~out the expre~ w,~'u~rt
approval of the other, but "LAB" may subcontract labo~'u.,'y proceduraa aa
"LAB" deems necessary to meet the obligations of this AGREEMENT.
Te~rns and Conditions
Page 4 of 4
crl'Y oF coRPus CHRISTI
DISCLOSURE OF I~ iI=.NEu 18
City of Ceq:x~ C~I~ Ordir~.m8 17112, m amended, requires ail peme~ ~ flrrm seeking to do Icx~zle~ wlh the Cay
topro~Ndethefqo4low~gl~ Eveef question must be answ~-e,.~ fflflequestlonlsnotal~,armw~wflh
"N/A'
,.3, Ch'Y: EC.
FIRM ia'. 1. Corpor~Jon 2. Par'b'te~hlp ,,~ 3. ~ ~ 4. ~
DISCLOSURE GU ESTION8
3% or mm.e of th~ ownerahlp In the above named firm.
'~m~ ,Jeb Tm~ md C~'y C~pmdmm~ Of knomn)
Slat~ th~ rmm~ of ~:h ~ of th~ City of ~ Chrl~l I~dflg an ownermhlp Inter~t =on~lflJlln~
3% m. rn~re of the own~ahlp In the above named firm.
St~t~ ltm nam# of ~a=h board menb~- of th~ City ~ ~ Chd~ ~ m ~p l=
c~~ 3% ~~ ~lp ~ ~ ~~.
S~te tt~ nam,~ ~f each .mploy~ or ofltcar of a consultant for It~ Clty ef Cerpu. Chrlatl who ~
on any rnal~r related t~ b~ ~l~ect ef ~1~ con'o'a~t and h~ an own~lhlp Intml~t conetltul~ng 3% m'
more of I~e ownerahlp In the ab<we named firm.
CIt) of C. ofT~8 Chl'l~, T~xs~ Jm chsfl.n~__ occ~.
Signature c~ Ce~l~'ytng Person:
DEFINmONS
Boera Member. A membe,, of any board, commi~on or cornmlEae appointed by the City C4xm~ of the C~y o~
¢:ofl3us Chqatl. Texas.
~ EJ,~ployee. An~ .l:~-son. ern~oyed bythe City ofCorpua Chnstl. Tex~a,e~3eron a fu~lor part flmel3aa~ but not
~s ap h'lClel3erl(3~
,-ece~rshio or bust and anl:ltie~ wflic~, for purposes of ta~aflcm, are a'~ate~3 a~ m:m--i:m3flt orgaraz3~:ms.
ofr~a. The Mayor. rn~m~e~ o~ the Crty .C~. nc~. C~y..M~F~g
Dep~ [..~t and Division Hesda and Munidpal Court Judges o~ the City of Corpua Chr~tl. Texae.
, nn~'ol est~bl~:l through vol:lng frusta, proxfes or 81:m~al tewn- of ve~'um or partnership egreeme.~,=.
',onsultant Any person or fir.n, sucfl as eng~n.---'~'s and architects, hired by b'3e City o~ ~ Christi for ~