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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: , / ) .I ,. {'j . ! " f}' /.. ; .Ju. ~ tv; k ./ (Date) " \~:{~ 2jZ-3/o~ Ronald F. Massey, (9ate) Assistant City Manager ~e ~~ Z/L3/t7tl :egc~~~lEscobar, P.E. ~ irector of ~~glne(r~s I~' Armando ~hapa, City Secretary J.W'i"~ I. Pres', ent P.O. Box 925 Portland, Texas 78374 361-643-3400 Fax: 361-643-4028 b~O( (b~te APPROVED AS TO FORM , i . '-- "'~- -....--.. ~UTHORllt~. "f OOU"C;/l ..._-_.,_.?!:/J...:...!::.. <- l ---...-.._~ --.......-.....;:t ~fC~H,4lI)\'--. ! J '--.- 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 ~. 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 .. C9fPu~ :="' _ ChnstI CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS ~~ 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. , . / FIRM is: Corporation _.-<._ ," / 't t,. J--- / 't ;'"'1 ~ I" CITY: t, fi-!<V l) ZIP: -?~', '7 7;1 .I () .' ,. 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) t: 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 / . ,I. ._.. _._ _...__~l..._ 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 I /;" .It:';' _~_----------....L__~ 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, .' I ..:L..=---_._ Date: I A. [.:; !, 0 L/V / <; ,,);,1/ I h_ L C- /. ~, 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 c d e