HomeMy WebLinkAboutC2006-354 - 8/29/2006 - 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 Professional Service Industries. Inc. (PSI) , a T xas cor oration or partnership,
"LAB", acting through its duly authorized representative who is "/I1.()",ES' (Name)
~t-'- /H4-#(~~4- _ (Titlel. which agree as follows
1 DECLARATIONS "CITY" desires to engage "LAB" to provide services in
connection with City's project, described as follows: Corpus Christi International Airport Runwav
17135 Improvements Proiect No.1 0001, 1097 PROJECT"
2 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",
the Terms and Conditions to AGREEMENT attached as "Exhibit B", and agrees to indemnification
and hold harmless provisions attached as "Exhibit C"
3. FEE The "CITY" agrees to pay the "LAB" for services provided in accordance
with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to
exceed $ 70.578.00 (in figures) ( Seventy Thousand Five Hundred Seventy Eiaht and no/xx
dGllars (in words)
4. INDEMNIFICATION AND HOLD HARMLESS The Consultant agrees to
Indemnify save harmless and defend the City of Corpus ChristL and its agents, servants, and
employees as more fully set forth in Exhibit "C"
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 "!.AB" is relying upon the above
warranty in undertaking to perform the services described in this ~REE~T./
CITY OF CORPUS CHRISTI LAB: '.-/1 .'. / f }//
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By: \~_,~~.~ ^'1(e, '0(:. By: il:
Ronald F. Massey '. 1 (Date)
Assistant City Manager
AtTEST:
A""a~
City Secretary //!//
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( ate)
(Date)
810 South Padre Island Drive
(Address)
Corpus Christi TX 7R41fl
(Cit~
361-854-481
(Ph
PSI
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2006-354
08/29/06
M2006-277
AIIPRO)lED AS TO FORM
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/li... .. :S;,Infonruuion
. .To Build On
~! '1uael'fng . Consulting · n..tIng
Proposal of Services
rested! 0:
l'it) .>1 Corp<ls Christl
Department \ ,f Engineering Snvices
P,(), Box 92'7
'(>rpu~ Chri'li, Inas 784()l) 9277
\ttll \11 K,'vin StO\\lTS
Proj ecL Runway 1 7/35 Improvements,
Corpus Christi Internat'] Airport
Shoulders, Lighting, Blast Pads,
Signage & Airfield Drainage
Phase 4, Project # I 0001, 1097
Corpus Christi, Texas
Date
I une ! h. 20()11
PSI Proposal No.: 325-6028
Profess IllnaI Service Industries. Inc. I PSI) is pleased to submit our updated unit rates for performing call-
out materIals testing and site? observations on projeclS performed in the calendar year 2006 in the Corpus
Christi area
PSI proposes to pn)\ide experienced kchnlcal persollnelto perfclfIll the necessary testing and observation
service., ill accurdan-:l' \vith your request 11 IS also proposed to accomplish the work on a unit price basis
In accordance with the attached Schedule of Sel'\i.~es and Fees and that the work will be performed
pursuant t" the PSI Genera! Conditiplls (upies of Ihe PSI Schedule of Services and Fees and General
Conditions are enclosed herl'with and incorporated infO thiS proposaL PSI's fees will be determined by the
actual allwllnt oftecl1nical time expended and the amoullt of laborator) testing performed.
PSI \vill pn.ceed with thevork on the hihlS of verbal authorization: however, a signed copy of this
proposal intact must be relurned befon' an)' reports are issued.
Respect tull) submitted.
Professional Service Industries, 1/1('.
~~~E
~(~'r- ~i'~e' pres~rE, (
For authOrization to proceed with this project. please ",lgn, date and return one (1) copy of this proposal.
, 2006.
AGREI D 10 THIS
BY:
FIRM:
[M'y OF
TITI.F
Please ll1dicate Invoice address (if different fi'om above) and report distribution:
Professional Service Industries, Inc. .810 South Padre Island Drive. Corpus Christi, TX 78416 . Phone 361/854-4801 . Fax 361/854-6049
City of ( orpus Christi
JURe 19. 2or)()
PSI Propllsal Nurnber25-6lL X
PROFESSIONAL SERVICE INDUSTRIES, INC.
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION QUALITY CONTROL
CORPUS CHRISTI, TEXAS
f:ffective January L 2006
FIELD TESTING SERVICES
Engineering Technician (minimum of 3 hours) ......
a) Concrete Placement Inspection (Casting Cylinders)
b) Soils Placement Inspection (Density Testing)
c) Asphalt Placement Inspection
d) Drilled Pier Inspection
e) Pre-cast Plant Inspection
f) Soil Sample or Cylinder Pickup (Illlnimum I ilOlIr)
. . ..... ............................... $ 32.50/hour
Use of nuclear densily. devic\.' during
quality control of fill or base placement (compaction 1\.'st)
.... .... ....... ... ....... ........ $ 17.00/test
SPECIAL FIELD TESTING SERVICEfoI
Senior Fngmeering Technician (minimum 01 ') hours) ............................. $ 36.50/hour
al Drilled Pier Inspecti'JI1
b) Pre-cast Plant Inspection
c) Portland Cement of. \sphaltic C~oncrde Batch Plant Inspection
d) Visual Weld. Bolt, and Nelson Stud Inspection
e) Fireproofing InspectIon
Welding Inspections (min. 3 hours) ..................................... $ 61.00/hour
Note: Rates for services sucl1 as Roofing Inspection. Pile or Plate Load Testing, Waterproofing Inspection,
Windsor Probe Inspection. ~tructural Steel and Non Destructive Testing. and Forensic Investigations can
be quoteclupon request.
ALTERNATIVE - FULL TIME QlIAl,ITY CONTROL
In Qrder to achieve a more l()mprehensive quality control of your project, it may be to your advantage to
have an Engineering Technician prO\ide Full Time quality control of soil fill placement and/or concrete
placement. In addition to tIlt' soils and concrete testing services described above, a Full Time Engineering
Teohnic ian would bt. availahle to perform density tests as needed, closely monitor lift thickness, verify
consistency of fill quality. monitor concrete placement. and other pertinent information at no additional
charge.
-
City of Corpus Christi
lune 19'001>
PSI Pror",,,;t1 Nlllnber . 1S-()O: H
ENGIN EERING SERVICES
Engineering service-, for sit" inspection. test evaluatlolL contract administration, supervision of laboratory
and field personneL ,dnsultatiolL and report rcvie\\
([."cnlOf Regional EnL'ineel
h. I>rofessional Engineer.
Prulect Managel
. ""....."..... ....."" ..... $ I 55 .OO/hour
....... ..................... $ 110.00/hour
'''' ........... .............. $ 70.00/hour
REMARKS
The follo\ving appiies to ad work PSI pert(mTIs unless otherwise addressed in the proposal:
1. lllit prices/ratt's are ill effect ft)! 1::' l1lonths fr'('111 the date ofthis proposal and are subject to change
\V ilhout notice thereaner
2. (1\ ertime rate:- arc applicahle lor sen ices perlormed in excess of 8 hours per day Monday through
Frida) before X:OO a ilL or af1er ';;00 p.l11.. and for all hours \vorked on Saturdays, Sundays, and
Hulid,lysl he \lvertinle rate is i 5 times the aprlicable hourly rale.
3. Ail hourlv teslll1g wili be ;111 a portal 10 portal basis from RIO SPJ.D. Fractions of hours will be
billed as whoit' hOllrs
4. TransportatIOn and pel diem ,Ul' charged at the :lpplicable rates.
5. Pro.kct Managel to schedule and supervise per,onnel and evaluate and review reports will be billed
a1 a nllnimum \10.2 h.,urs per leport
6. P,ofessional Engineer to revie\' repon:-. supen )Slon and coordination will be billed at a minimum of
o Ill)lIrS per r.:polt
7. Ld)(lratory lcstmg, otiler than -:ullclek compression kst reqllirll1g overtime, weekend, or holiday
\V\1fk will be IlI\oiced .It applicable lest rate pIllS technician overtime charges.
8. A ,ransportatiul1 charre of 'f;35 00 per trip will apply within the city limits with an additional $0.55
pel mile ,.utsick city limits
9. Rare" Il1\olvin,:L milea~e (including transportatiulI. mobilization, vehicle and trip charges) are subject
to (hange based upon mcreases ill the national average fuel prices.
10. A ITIlIlimllm charge of \ hours applIes to field testing and observation services.
11. Scheduling or cancellation of field ksting and observation services is required no less than the
'A' Irking day prior to 1'le date the Sel\lCeS are U he performed. Services cancelled without advance
and/or inadequate notk'e will be as"essed a minllllllm 3 hour charge.
12. Fill all PSI services, a project management/engineering review charge will be billed for all reports
is'>!led for the sc hedul i ng/supcl\ is ipn of personne I and the evaluation/review of data and reports.
13 A project se1-up charg\' ofa minimulll of two Iwurs applies to all projects.
14 Cillllputer. r;:,x copies de. \\ill be charge at a minimum rate of three percent of the total project fee.
15 Sl'!\ICeS and fees not listed will he quoted upon request
8i1
EXHIBIT "B"
TERMS AND CONDITIONS TO AGREEMENT
ARTICLE 1. SERVICES: "LAB" will:
1 1
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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.
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"
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.
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 "e ITY" at all reasonable times.
~ -; Pay salanes, 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
wll:
~.
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"
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 1 OF4
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.
2 A 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
32 "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
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 2 OF 4
...
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
4.2 Samples collected or tested by "LAB" remain the property ofthe "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".
A"TICLE 6. SAFETY
"e ITY" and "LAB" agree that, in accordance with the generally accepted
construction practice, the PROJECTDS 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
PROJECTS general contractor's safety measures in, on, or near THE
PROJECT site
TERMS AND CONDITIONS TO AGREEMENT
REVISED JANUARY, 1998)
PAGE 3 OF 4
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AFlTICLE 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.
AFlTICLE 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.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 4 OF 4
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Exhibit C
Mandatory Requirements
(Revised November, 2005)
INDEMNIFICATION AND HOLD HARMLESS
Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its
a..nts, servants, and employees, and each of them against and hold it and them harmless
from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court
costs and attorneys' fees, for or on account of any injury to any person, or any death at any
time resulting from such injury, or any damage to any property, which may arise or which
may be alleged to have arisen out of or in connection with the work covered by this contract.
The foregoing indemnity shall apply except if such injury, death or damage is caused by the
sate or concurrent negligence of the City of Corpus Christi, its agents, servants, or
employees or any other person indemnified hereunder.
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
~-
City of Corpus Christl Ordinance 17112. as amended, requires all persons or firms seeking to do business with the City
to provide the following informatio'l. Every question must be answered. If the question is not applicable, answer with
"NiA
) .
FIRM NAME: 1 s/ / ~ ~__ ____..
sTREET:RI)_<? >!. P_
FIRM is: 1 (:;orporation v
5 Other
CITY: ~1"1tP {'hA'r""il
2 Partnership_H' 3 Sole Owner_
ZIP: '7B $/1 Y.
4. Association_
DISCLOSURE QUESTIONS
It 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 / A
A.i / PA
Job Title and City Department (if known)
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
N//J
. .~.--,,_..._-
Title
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
AI/A..
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
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 Christl:lexas rS ~rjanges occur.
Certifying person~~ ( c,/ t~..f"C)>
(Type or Pri ) .
Signature of Certifying Person_
I~tcf- tHMftV'
g/2rj6J,b
/ '
Title
Date:
-"-
DEFINITIONS
a
Boerd Member A member cf any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas
Employee Any person empioyed by tile City of Corpus Christl, Texas, either on a full or part time basis, but not
as an independent contracto
b
C
Firm. Any entity operated 'or 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 $ole 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.
Oft;;ial. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,
Department and Division He,lds and rv1unlcipal Court ,Judges of the City of Corpus Christi, Texas.
Ownersillp Interest. ,_egal 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 establishec through v,)ting trusts. proxies or special terms of venture or partnership agreements.
Consultant Any person or t rm, sucrl as engineers arid architects, hired by the City of Corpus Christi for the
ourpose of orofesslonai consiltation and recommendation
,,.,
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