HomeMy WebLinkAboutC2006-402 - 9/12/2006 - 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
F.ro Consultants. LP, a Texas corporation or partnership ("LAB"), acting through its duly authorized
reptesentative who is W. Chuck Rushina, PE.. Branch Manaaer, which agree as follows:
1 DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with
City's project, described as follows Street Overlavs - City-Wide (Bond 2004) (Proiect No. 6290)
("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 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 $53.100 (in
figures), Fiftv-Three Thousand One Hundred Dollars and Zero Cents (in words).
4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save
haA11less and defend the City of Corpus Christi, and its agents, servants, anq employees as more fully set
forttl in Exhibit "B"
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 "LAB" is relying upon the above warranty in undertaking to perform the
services described in this AGREEMENT
AJlPROVE~ORM .~. It.
1L- c1 lJ ~;by
D.ctor of Engineering Services (Date)
FUGRO CONSULTANT
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W. Chuck Rushing, P,E.
1205 N. Tancahua
Corpus Christi, TX 78401
(361 ) 882-5411 Office
(361) 882-4028 Fax
(Date)
CITY OF CORPUS CHRISTI
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Ronald F. Massey \" ate)
Assistant City Manager
ATTES""
Project No, 6290
Fund Source No. 550920-00000-170800
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2006-402
09/12/06
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September 5, 2006
1205 N. Tancahua
Corpus Christi, Texas 78401
Tel: (361) 882-5411
Fax' (361) 882-4028
City of Corpus Christi
Department of Engineering Services
Post Office Box 9277
Corp~ Christi . Texas 78469-9277
ATTENTION: Mr. Angel Escobar, P.E.
Director of Engineering Services
SUBJECT: EXHIBIT "A" BUDGET ESTIMATE
Anticipated Testing Services During Construction
Street Overlays - City Wide
City of Corpus Christi Project No. 6290
FClP ProDOsal No. 1602-06-018-Revised
GentleMen:
In acotrd with your request through Coym, Rehmet & Gutierrez Engineering, Inc., we have developed the
attachlld budget estimate for the subject services in the amount of $53,100.00. The attached budget
estim. provides a detailed break-down of this estimate and is based upon the Testing Schedule provided
on Shet 2 of the project drawings. The testing frequencies and procedures indicated in our estimate reflect
the spllCific type and quantity of tests detailed on the "Testing Schedule".
This is a flexible budget and testing services actually performed could be more or less than budgeted based
on a<*al job conditions, architect's or engineer's instructions, weather conditions, contractor's and/or City
on-site representative's efficiency in scheduling and utilizing our services, and other factors which may
affect "is project. If additional or less testing is required, the total fee will vary, as only those services
actuaHr performed will be invoiced. Invoicing for our services will be in accordance with the unit fees
indicated on the budget estimate.
Your consideration of our firm is appreciated and we look forward to assisting you during the construction
phase of this project.
SinceIWly,
FUGRO CONSULTANTS lP
By
Fugro Consultants GP llC
Its sole general partner
By:
P~&
W. Chuck Rushing, E.
Branch Manager
Cc
Coym, Rehmet & Gutierrez - Jeff Coym
A member of the Fugro group of companies with offices throughout the world
EXHIBIT "A"
Page 1 of 2
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BUDGET ESTIMATE
CONSTRUCTION TESTING SERVICES
STREET aVERLA YS - CITY WIDE
CITY OF CORPUS CHRISTI PROJECT No: 6290
PROPOSAL #1602-06-018-Revised
EXHIBIT "A" - BUDGET ESTIMATE
rESTI'lG Q{;A~TlTIES PER "TESTING SCHEDlILE" AS PROVIDED BY CR&G Engineering
TASK
QUANT. RATE COST
1 $165.00 165.00
4 $65.00 260.00
4 $34.00 136.00
69 $435.00 30,015.00
24 $48.00 1,152.00
119 $125.00 14,875.00
I. Base (Full Depth Reclamation)
Moisture/Oensity Relationship - (ASTM D 1))7)
Sieve Analysis. each
In-place Density/Moisture Tests, each*
3. Hot Mix Asphaltic Concrete (HMAC)
Sampling/Lab Molding/Lab Density/Stability/Max. Theoretical
Specific Gravity and Extraction: each
Temperature During Lay-down;hour (Continuous as needed)
Cored Thickness % Air' % Theor. Density - In-Place; each
4. Concrete
(Compressive Strength Test - 5 Cyls per set; I 'il; 7, I @ 14, and 2 @ 28 days,l hold, per set**)
Manholes & & Water Valve Collars 22 $180.00
subtotal
3,960.00
50,563.00
C.till2encv Allowance for Additional ScoDe of Services/ConsultationslEtc.
Lump Sum (Approx 5%)
1 $2,537.00
2,537.00
$53,100.00
BUDGET TOTAL
* 21ests per tflp mimmum. (In-Site Standby/Delay/Momtorlng time in excess of 1/2 hour per test will be
invoiced at $48.00 per hour (regulal time = 9 hrs per day hetween 600 AM and 700 PM) or at $60.00
per hour I overtime I premIUm ltme after 9 Ius per day or 7:00 PM to bOO AM)
** per set lee includes trip at time ofplacernent. 1/2 hour on-site sampling and testing time. return trip for cylinder
pIck-up. cure. test & report. (In slle time 111 excess of 1/2 hour per set billed a~ standby / delay @ $48.00 per hour
regular time or at $60.00 per hour "vertime / premium tIme as above
EXHIBIT "A"
Page 2 of 2
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Exhibit B
Mandatory Requirements
(Revised September, 2001)
INSURANCE REQUIREMENTS
I. CONSULTANT LIABILITY INSURANCE
A. The Consultant shall not commence work under this Agreement until
he/she has obtained all insurance required herein and such insurance
has been approved by the City. Nor shall the Consultant allow any
subconsultant to commence work until all similar insurance required of
the subconsultant has been so obtained.
B. The Consultant shall furnish two (2) copies of certificates, with the City
named as an additional Insured, showing the following minimum
coverage in an insurance company acceptable to the City.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-DayNotice of Cancellation required on all Bodily Injury and Property Damage
certifiCldes
Commercial General Liability including $2,000,000 COMBINED SINGLE LIMIT
1 Commercial Form
2 Premises - Operations
3 Explosion and Collapse Hazard
4 Underground Hazard
5 Products/ Completed Operations Hazard
6 Contractual Insurance
, Broad Form Property Damage
8 Independent Consultants
9 Personal Injury
AUTOMOBILE L1ABILlTY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS=
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS'L1ABILlTY $100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION L1ABILlTY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRG>NMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include [ ] REQUIRED
10ng-telt1 environmental impact for the disposal of [X] NOT REQUIRED
contaminants
BUILDeRS' RISK See Section 8-6-11 and Supplemental Insurance
Requirements
[ ] REQUIRED [X] NOT REQUIRED
INSTAllATION FLOATER $100,000 Combined Single Limit
See Section 8-6-11 and Supplemental
Insurance Requirements
[] REQUIRED [Xl NOT REQUIRED
Exhibit "B" - Insurance Requirements
Page 1 of 3
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C. In the event of accidents of any kind, the Consultant shall furnish the City with copies
of all reports of such accidents at the same time that the reports are forwarded to any
other interested parties.
II. HOLD HARMLESS
A. Consultant agrees to indemnify, save harmless and defend the City of Corpus
Christi, and its agents, 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 sole or concurrent negligence of the City of Corpus
Christi, its agents, servants, or employees or any other person indemnified
hereunder.
B. The Consultant shall obtain workers' compensation insurance coverage through a
licensed insurance company or through self-insurance obtained in accordance with
Texas law. If such coverage is obtained through a licensed insurance company, then
the contract for coverage shall be written on a policy and endorsements approved by
the Texas State Board of Insurance
If such coverage is provided through self-insurance, then within ten (10) calendar days
after the date the City requests that the Consultant sign the contract documents, the
Consultant shall provide the City with a copy of its certificate of authority to self-insure
its workers' compensation coverage, as well as a letter, signed by the Consultant,
stating that the certificate of authority to self-insure remains in effect and is not the
subject of any revocation proceeding then pending before the Texas Workers'
Compensation Commission. Further, if at any time before final acceptance of the
Work by the City, such certificate of authority to self-insure is revoked or is made the
subject of any proceeding which could result in revocation of the certificate, then the
Consultant shall immediately provide written notice of such facts to the City, by
certified mail, return receipt requested directed to: City of Corpus Christi, Department
of Engineering Services, POBox 9277, Corpus Christi, Texas 78469 - Attention:
Contract Administrator
Whether workers' compensation insurance coverage is provided through a licensed
insurance company or through self-insurance, the coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred by the
Consultant will be promptly met.
C. 8uilder's Risk C9':erage: Consl::lltant 'Nill eo rosl=>erlSielo for providing buileer's risk
insuranoo oovorago for the term of the oontraot ufi) to and insll::leing the eato the City
finally assofi)ts tho projoct or wark. Suileer's risk ooverage shall be an ",A'!I Risk" form.
Tho palisy shall be a oompletoe valuo form. Tho Consultant shall I3revieo suoh
buildor's risk €lovorago at loast in the amel::lnt of $ (
DOLLJ\RS) whioh is ostimates to 190 tho vall::lo at ooml3letion of tho
roal or porson:]1 property to be oonstrl::lGtes, repaires or othorwiso improvod unEfor tho
contract.
Censultant shall be responsiblo for l3aying all oosts neoessary ta f3resufo sl::Ish
Exhibit "B" - Insurance Requirements
Page 2 of 3
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builder's risk Insurance coverage, inoll:laing any doeuotiblo. The City shall be nOFnee
3A 3ElElitieA31 inEurod on ~my policy providing such incuranGo GO'/era€je.
III. On the certificate of insurance
· The City of Corpus Christi is to be named as an additional insured on the liability
coverage, except for workers' compensation coverage.
· Should your insurance company elect to use the standard ACORD form, the
cancellation clause (bottom right) shall be amended by adding the wording
"changed or" between "be" and "cancelled" and deleting the words "endeavor to" and
the wording after "left". If the cancellation clause is not amended in the ACORD form,
then endorsements shall be submitted.
· The name of the project also needs to be listed under "description of operations".
. At least 10-day written notice of change or cancellation will be required.
IV. A completed Disclosure of Interest must be submitted with your proposal.
Exhibit "B" - Insurance Requirements
Page 3 of 3
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TERMS AND CONDITIONS TO AGREEMENT
ARfICLE 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.
12 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.
14 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.
15 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.
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 cunng of test specimens which must remain on THE PROJECT site prior to, during, and
up to 60 days after testing.
AR1"ICLE 3. GENERAL CONDITIONS
31 "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.
AR'fICLE 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 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
AIffICLE 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"
AIII'rICLE 6. SAFETY
"CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the
PI'lOJECT'S general contractor will be solely and completely responsible for working conditions on THE
PFlOJECT, 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
ARlrICLE 8. EXTENT OF AGREEMENT
81 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
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
~-
City of Corpus Christi Ordinance 11112, 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 "ME: Fuaro Consultants, LP
STREet: 1205 North Tancahua Street
CITY: Corpus Christi. TX
ZIP: 78401-1409
FIRM is: 1 Corporation_~
5 Other
2 Partnership_
3 Sole Owner_ 4. Association_
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. _te 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.
N8me Job Title and City Department (if known)
N/A
2. SIlIte 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.
N8me Title
N/A
3. _te the names of each board member of the City of Corpus Christi having an ownership interest
~stituting 3% or more of the ownership in the above named firm.
N8me Board, Commission or Committee
N/A
4. Sllte the names of each employee or officer of a consultant for the City of Corpus Christi who worked on
~ matter related to the subject of this contract and has an ownership interest constituting 3% or more of
tile ownership in the above named firm.
Name Consultant
N/A
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
Certifying Person: W. Chuck Rushina. P.E
(Typeo,P',"I) / / /?/"' _~..'
Signature of Certifying Person. ~~ ~~
Title: Branch Manaaer
Date: 9/7 Ip"
EXHIBIT "0"
Page 1 of 2
a
DEFINITIONS
Beard Member A member of any board, commission or committee appointed by the City Council of the City of
COrpus ChristL 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
etlabHshed 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 whicn, for purposes of taxation, are treated as non-profit organizations.
Qtficial. 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 holaing 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
EXHIBIT "0"
Page 2 of 2