HomeMy WebLinkAboutC2006-560 - 12/19/2006 - ApprovedAMENDMENT No. 1 - AGREEMENT
for
Welding Inspection 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. Inc., a Texas corporation or partnership, "LAB", acting through its
duly authori~ed representative who is _3V~J Rp-,~15 ~reSiale,~} / (Name) b1,~112r
(Title), which agree as follows:
1 DECLARATIONS "CITY" desires to engage "LAB" to provide services in
connection with City's proaect, described as follows: Rincon Piqeline Proiect (Proiect No 8416)
"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 "LAB" for services provided in accordance
with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, an additional fee
not to exceed $1,995.00 (in figures), (One Thousand Nine Hundred Ninetv Five and no/xx
dolla~s (in words) for a revised total fee not to exceed 26 982.00
4. INDEMNIFICATION AND HOLD HARMLESS The Lab agrees to indemnify,
save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as
more fully se# forth in Exhibit "C".
5. CITY'S DISCLOSURE OF HAZARDOUS ~ TOXIC MATERIALS AND
CON~ITIOWS AT THE PRCIJECT 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.
CITY OF C4RPUS CHRISTI BASE LI AT
By:~i~~.,.~~'~+~. - C `~ ~, Bv_ ~-f%~2
Ronald F. Massey, ~~ Date) SIGNATI~R )
Assistant City Manager /a ~~
(Date)
APPI~VE~ AS TO FORM: P.O. Box 925
, (Address)
/ Portland, TX ~- Z g 3 7`~
Dir of Engineering Services (D te) (City/State/Zip)
~ 361-643-3400 Fax: 361-643-8442
r/~ ~ ,. ~
~ ~ (Phone/Fax No.)
Le I epartment ate) ~n~~~ y2 AUTMURILG
ATTEST: r. aY E~DU#fCN. ..~.=' -,~,~.L~,,,,~_.~,,.
G ,~.`-~~o ~
Armando Chapa (Date)
City Secretary
Fundirtg Source: 550950-4475-00000-
Encumbrance Auth.:
~~ ~ ~~r t,~~
Base Line Data
. . . . . ~ . . . . . _ . . . . . . . . . ... . . .. ~
SECRE'T~~
2006-560
12/19/06 Page 1 of 1
M2006-426
EXHIBIT A
Base Line Data will perform additional weld inspection in accordance with the original
contract for the project administratively approved June 28, 2006. The inspection
incl~des Visual, Magnetic Particle, or Liquid Penetrant inspection. All work will be
performed by an AWS CWI certified inspector. An ASNT-SNTC-1A Level II technician
will perform all non-destructive inspections.
All welding shall meet the requirements of the AW1NA C206 and AW1NA M9.
Nec~ssary NDE examinations will be performed in accordance with the acceptance
requirements of AWS D1.1.
The hourly pricing for any inspections or extra work including all labor, consumables,
transporta#ion, taxes, documentation and burden will be:
CWI, UT, or MT Technician (Straight time rate per hour) $59.00/hr.
CWI, UT, or MT Technician (Premium rate per hour) $88.50/hr.
Per Diem for out of town shop inspections $95.00/hr.
Mil~age $0.60/mile
The minirnum call out charge is based on a minimum of four (4) hours.
The additional fee is not to exceed $1, 995.00
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EXHIBIT "B"
TERMS AND CONDITIONS TO AGREEMENT
ARfi~CLE 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 perf'ormed
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, arganizations 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.
~.7 Pay salaries, wages, expenses, social security taxes, federal and state
unemployment taxes, and any other similar payroll taxes relating to the
services.
AR~ICLE 2. CITY RE~PONSIBILITIES: City Engineer or authorized representative
will:
2.1 Provide "LAB" with all plans, specifications, addenda, change orders,
approved shop drawings and other information forthe proper performance of
services by "LAB".
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
f AGE 1 OF 4
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 curing of test specimens which
must remain on THE PROJECT site prior to, during, and up to 60
days after testing.
AR7'ICLE 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.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 2 OF 4
ARTICLE 4. FIELD M~IITORING 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.
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".
ARTlCLE 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.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PA~E 3 oF 4
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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.
AR~ICLE 8. EXTENT OF AGREEMENT
8 1 This AGREEMENT, including Exhibit "A" and these te~ms and conditions,
represents the entire AGREEMENT befinreen "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 any one 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 .IANUARY, 1998)
PAGE 4 OF 4
Exhibit C
Mandatory Requirements
(Revised November, 2005)
INDEMNIFICATION AND HOLD HARMLESS
Cor~ulta~t! agrees to indsmnify, save harmless and defend the City of Corpus Christi, and its
age~ts, s~rvants, and employees, and each of them against and hold it and them harmless
frorn any ~nd all lawsuits, claims, demands, liabilities, losses and expenses, including court
cos~s and attorneys' feea, for or on account of any injury to any person, or any death at any
time resu~ing 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
em~oyees or any othe~ person indemnified hereunder.
City of
C~llS CITY OF CORPUS CHRISTI
~ = C~11'IStl DISCLOSURE OF INTERESTS
~~~
City of Cwp~s Christi Ordinance 17112, as amended, requires ail persons or firms seeking to do business with the City
to provide the foilowing informat~on. Every question must be answered. If the question is not applicable, answer with
"N/A`
FIRM NA~AE: ~~e ~C~~, ~C.
STREET: _ CITY: ~~Y-4 ~QI'~(~ ZIP: ~`-t
FIRM is: i t;orporation _ :' Partnership_ __ 3. Sole Owner 4. Association
~. ~~ther
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 N 0~~ 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 Title
V`V
3. State the names of each board member of the City of Corpus Christi having an ownership interest
cor~tituting 3% or more of the ownership in the above named firm.
Name Board, Commission or Committee
_ ! "_"JSL.~__----- -- -- -- _. _ ___ __
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 Consu~tant
NO~~
CERTIFICATE
I cert;fy that all information prov~ded 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 romptly submitted to the
City of Carpus Christi, Texas as changes occur.
Certifying Person: ~ Title: ,
( ype or
_____G~'~~_
/
Signature of Certifying Person:_ __ Date: ~oc ~~,~