HomeMy WebLinkAboutC2006-054 - 2/28/2006 - Approved
AGREEMENT
for
Construction Materials Engineering Laboratory's
Inspection and Materials Testing Services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation,
"CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and Base Line Data, a
Texas corporation or partnership, "LAS", acting through its duly authorized representative who is J.W. Ralls
(Name) President/Owner (Title), which agree as follows
1, DECLARATIONS "CITY" desires to engage "LAS" to provide services in connection with
City's project, described as follows: Southside Water Transmission Main Phase 5 "PROJECT".
2, SCOPE OF WORK "LAB" shall provide services to the PROJECT in accordance with the
accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to
AGREEMENT attached as "Exhibit B"
3. FEE The "CITY" agrees to pay the "LAS" for services provided in accordance with Exhibit "A",
Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $ 101,893.00 (in
figures). (One Hundred One Thousand Eiaht Hundred Ninety-Three Dollars and Zero/Cents (in words).
4. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS: The Consultant will submit to
the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum
coverage set forth in Exhibit "B" by an insurance company acceptable to the City. The Consultant further
agrees to Indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and
employees as more fully set forth in Exhibit "S"
5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT
THE PROJECT SITE: "CITY" warrants to "LAB" that to the best of its knowledge, based upon currently
available information, the only hazardous or toxic materials, as defined by the laws and regulations of the
Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. "CITY"
acknowledges and confirms that "LAS" is relying upon the above warranty in undertaking to perform the
services described in this AGREEMENT
CITY OF CORPUS CHRISTI
LAB:
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Ronald F. Massey, (9ate)
Assistant City Manager
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irector of ~~glne(r~s
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Armando ~hapa,
City Secretary
J.W'i"~ I.
Pres', ent
P.O. Box 925
Portland, Texas 78374
361-643-3400 Fax: 361-643-4028
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APPROVED AS TO FORM
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2006-054
02/28/06
M2006-068
fER TREATMENT PLANTl8390 . SOUTHS IDE TRANSMISSION MAIN PH 4. 4A, 5\PHASE 5 CONSTRUCTIONITESTING-
Page 1 of 1
(Revised January, 1998)
Base I .ine Data
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Base Line Data, Inc.
('hemical & Refinery Inspection Services
lns]nctitm Services
Mr Joe rrejo, P.E
City of Corpus Christl
Dept. of Engineering Sen Ices
P.O. Box 9277
Corpus Christi. TX. 78469-9277
Date: February 21, 2006
Me. TrcJo,
I have been requested to submit a proposal to cover the weld inspection for the Phase 5 of the Southside Water
Tmnsmission project. Per email submitted by Doug McMullan of Urban Engineering Phase 5 will be 300
calendar days with approximately 157 working days of pipe laying, including welding. It was also stated that
there will be 24 joints of 66" diameter steel casing pipes with a 0.625" wall, full circumference, full
penetration welds, 66 joints of 42" diameter steel pipe with 0.70" wall, full circumference, full penetration
welds and 138 joints of 42" diameter concrete pressure pipe, full circumference, full penetration welds.
This mspection coverage mcludes perfomling Visual, Magnetic Particle, or Liquid Penetrant inspection on the
above welds. Any full-penetrating welds requiring an ultmsonic shear wave inspection will be billed at the
same hourly prices submitted below. This pricing is not calculated in the projected cost noted below. Our
pricing includes having an A WS CWI certified inspector on-site anytime welding is being performed as
requested by the Water Department. An ASNT-SNTC-IA Level II technician would perform all non-
destructive inspections. Timesheets will he submitted each day and approved by the Water Department &
Welding inspector. It is our intent to have the same CWI/Technician committed for the dumtion of the project.
Total hourly pricing includes all labor, consumables, transportation, taxes, and burden. A documentation
format will be submitted for acceptance. All work after approval will be billed at the submitted hourly pricing.
All weldmg shall meet the requirements of the A WWA C206 AND A WW A M9. In addition, he/she will
perfoml the necessary ND E examinations 111 accordance with the acceptance requirements of A WS D 1.1. It is
estimated that the duration of this project would be 157 days.
Listed below is our hourI) pricmg for any of the inspectIOns or extra work that may be performed. It includes
all labor. consumables. transportation, taxes. documentation and burden:
CWI, UT, PT or MT Technician (Straight Time Rate Per Hour)
(,WI, FL PT or MT Technician (Premium Rate per Hour)
Mileage
0.60/Mile
$59.001Hr.
$88.50/Hr.
$
PO Box 925
Ponland, TX 78374
Phone (361) 643-3400
Fax (361) 643-8442
11832 NewCastle Suite 2
Baton Rouge, LA 70816
Phone: (225) 291-9349
Fax: (225) 291-9333
1149 Ellsworth Suite 400
Pasadena, TX 77502
Phone: (713) 473-1533
Fax: (713) 473-1941
~hK
Base Line Data, Inc.
I :hemical & Refinery Inspection Services
Inspection Swvtus
Notes: 1) The Minimum call out charge will be Four (4) hours.
2) Total projected cost based on providing an inspector for (40) hour's straight time and (10) hours
premium rate working a total of (31.4) weeks will be $101,893.00.
We sincerely appreciate the opportunity to quote your work and if there are any questions, please contact l.W.
Ralls ((l: (361) 643-3400 or by E-mail atjwralls@bldata.com.
Sincerely.
Y tf (lA
t'resldenU Uwner
Base Lme Data. Inc.
Cc: Doug McMullan
Elva Loomis
File
PO Box 925
Portland, TX 78374
Phone (361) 643-3400
Fax (36]) 643-8442
11832 NewCastle Suite 2
Baton Rouge, LA 70816
Phone: (225) 291-9349
Fax: (225) 291-9333
1 ]49 Ellsworth Suite 400
Pasadena, TX 77502
Phone: (713) 473-1533
Fax: (713) 473-194]
TERMS AND CONDITIONS TO AGREEMENT
ARTICLE 1. SERVICES: "LAB" will:
1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion
of "LAB", lie within the technical or professional areas of expertise of "LAB" and
which "LAB" is adequately staffed and equipped to perform.
1.2 Perform technical services under the general direction of a licensed engineer and
in substantial accordance with the basic requirements of the appropriate
standards of the American Society for Testing and Materials, where applicable,
or other standards designated in writing by the "CITY ENGINEER".
1.3 Promptly submit formal reports of tests, inspections and services performed
indicating, where applicable, compliance with the PROJECT specifications or
other contract documents. Such reports must be complete and factual, citing the
tests performed, methods employed, values obtained, and parts of the structure
of THE PROJECT area subjected to any testing.
1.4 Utilize testing equipment which has been calibrated according to applicable
standards and, upon request, submit to the "CITY ENGINEER", or his authorized
representative, documentation of such calibration.
Secure representative samples of those materials that the City's Contractor
proposes to use which require testing, together with relevant data concerning
such materials including the point of origin and supplier.
1.5 Consider reports to be confidential, and distribute reports only to those persons,
organizations or agencies specifically designated in writing by the "CITY
ENGINEER"
1.6 Retain records relating to services performed for "CITY" for a period of two years
following submission of any reports, during which period the records will be made
available to the "CITY" at all reasonable times.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state
unemployment taxes, and any other similar payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will:
2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved
shop drawings and other information for the proper performance of services by
"LAB".
2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site,
and to all shops or yards where materials are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the "CITY's"
representative with respect to "LAB'S" services to be performed under this
AGREEMENT and which must be promptly notified by "LAB" when it appears
that materials tested or inspected are in non-compliance. Only the "CITY
ENGINEER" or his designated representative have authority to transmit
instructions, receive information and data, interpret and define the CITY's policies
and decisions with respect to THE PROJECT. "LAB" acknowledges that certain
"CITY" representatives may have different types of authority concerning THE
PROJECT.
(Revised January 1998)
Exhibit "B"
Page 1 of 3
2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for
assignment of personnel by "LAB" for completion of the required services. Such
advance notice will be in accordance with that established by mutual agreement
of the parties
2.5 Direct THE PROJECT contractor. either by the Construction Contract or direct
written order to
(a) Stop work at the appropriate times for "LAB" to perform contracted
services,
(b) Furnish such labor and all facilities needed by "LAB" to obtain and
handle samples at THE PROJECT and to facilitate the specified
inspection and tests;
(c) Provide and maintain for use of "LAB" adequate space at THE
PROJECT for safe storage and proper curing of test specimens which
must remain on THE PROJECT site prior to, during, and up to 60 days
after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 "LAB", by the performance of services covered hereunder, does not in any way
assume, abridge or abrogate any of those duties, responsibilities or authorities
with regard to THE PROJECT which, by custom or contract, are vested in THE
PROJECT architects, design engineers, or any other design agencies or
authorities.
3.2 "LAB" IS not authorized to supervise, alter, relax, enlarge or release any
requirement of THE PROJECT specifications or other contract documents nor to
approve or accept any portion of the work. "LAB" does not have the right of
rejection or the right to stop the work. "CITY ENGINEER" will direct THE
PROJECT contractor to stop work at appropriate times for "LAB" to conduct the
sampling, testing, or inspection of operations covered by the AGREEMENT.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 "CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for
contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume
responsibility for PROJECT Contractor's means, methods, techniques,
sequences or procedures of construction, and it is understood that the final
services provided by "LAB" will not relieve the PROJECT Contractor of his
responsibilities for performing the work in accordance with THE PROJECT plans
and specifications. For the purposes of this AGREEMENT, the word "inspection"
is used to mean periodic observation of the work and the conducting of tests by
"LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its
subcontractors does not mean that "LAB" is approving placement of materials.
Inspection is not and should not be construed to be a warranty by "LAB" to the
"CITY" or any other party.
(Revised January 1998)
Exhibit "B"
Page 2 of 3
4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in
the custody of the "LAB". "LAB" will retain the samples for a period of 60 days
following the date of submission of any report related to the sample. Following
the retention period, "LAB" will dispose of non-hazardous samples, and return
hazardous, acutely toxic, or radioactive samples and samples containers and
residues to "CITY" "CITY" agrees to accept such samples and samples
containers.
ARTICLE 5. STANDARD OF CARE AND WARRANTY
Services performed by "LAB" will be conducted in a manner consistent with that
level of care and skill ordinarily exercised by reputable members of the
profession currently practicing under similar conditions in the same locality. No
other warranty either expressed or implied is made or intended by the
AGREEMENT or any reports. "LAB" will not be responsible for the interpretation
or use by others of data developed by "LAB".
ARTICLE 6. SAFETY
"CITY" and "LAB" agree that, in accordance with the generally accepted
construction practice, the PROJECT'S general contractor will be solely and
completely responsible for working conditions on THE PROJECT, including
safety of all persons and property during the performance of the work, and for
compliance with all municipal, state, and federal laws, rules and regulations,
including OSHA. The duty of "LAB" in providing services is not, therefore, to
Include any review of, or responsibility for, the adequacy of the PROJECT'S
general contractor's safety measures in, on, or near THE PROJECT site.
ARTICLE 7. INVOICES AND PAYMENT
"LAB" will submit progress invoices to "CITY ENGINEER" monthly and final
invoice upon completion of services. Each invoice is due and payable by "CITY"
within 30 days of receipt and approval to pay by the City Engineer.
ARTICLE 8. EXTENT OF AGREEMENT
8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions,
represents the entire AGREEMENT between "CITY" and "LAB" 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 representative of "CITY" and "LAB". If any conflict occurs between
these terms and conditions and this AGREEMENT, these terms and conditions
are controlling.
8.2 In the event that anyone or more of the provIsions contained in this
AGREEMENT are for any reason held invalid, illegal or unenforceable in any
respect, the remaining terms will be in full effect and this AGREEMENT will be
construed as if the invalid or unenforceable matters were never included in this
AGREEMENT No waiver of any default will be a waiver of any future default.
8.3 Neither party will assign this AGREEMENT without the express written approval
of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems
necessary to meet the obligations of this AGREEMENT.
(Revised January 1998)
Exhibit "B"
Page 3 of 3
~ City of
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
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City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City
to provide the following information. Every question must be answered. If the question is not applicable, answer with
UN/A"
FIRM NAME: t/~ - ':.,. .... L /-
STREET:__ .~ /1."1. , .
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FIRM is: Corporation _.-<._
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CITY:
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ZIP:
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2 Partnership_____
3. Sole Owner
4. Association
5 Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each employee of the City of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the above named firm.
Name Job Title and City Department (if known)
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2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3%
or more of the ownership in the above named firm.
Name Title
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3. State the names of each board member of the City of Corpus Christi having an ownership interest
constituting 3% or more of the ownership in the above named firm.
Name Board, Commission or Committee
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4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an ownership interest constituting 3% or more of
the ownership in the above named firm.
Name Consultant
___..L~
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the
City of Corpus Christi, Texas as changes occur,
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Date:
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Certifying Person rr~pe'u~~I~t
Signature of Certifying Person :"
Title:
DEFINITIONS
a
Board Member. A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas.
Employee. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as
an independent contractor
Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations.
Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,
Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas.
Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when
such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or
control established through voting trusts, proxies or special terms of venture or partnership agreements.
Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
b
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d
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