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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 }// . " ,~ ! ~ I/!' 1/ By: \~_,~~.~ ^'1(e, '0(:. By: il: Ronald F. Massey '. 1 (Date) Assistant City Manager AtTEST: A""a~ City Secretary //!// 4- I r 6; /0 G ( ate) (Date) 810 South Padre Island Drive (Address) Corpus Christi TX 7R41fl (Cit~ 361-854-481 (Ph PSI t1 \ .-G I ':;-P . . ~i~.~~.~..._~... A,U~U'ULt.., ., ftl "Ej /c~ 'T CQU"~'l____._ _._. ftz.- Page 1 of 1 ~r.m~ 2006-354 08/29/06 M2006-277 AIIPRO)lED AS TO FORM I i~ qk)( _.. .~ /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 ~ ,..., .L 1 ':{ , ......1 1.4 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 ......... 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 - 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. - ~ gt~~ ='" ::::: C hnstI 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 ,,., u e -.....