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Home My WebLink AboutC2007-236 - 7/17/2007 - ApprovedAGR~EMEN~' for Construction Materials Engineering Laharatory's Inspection and Materials Testing Services This AGR~EMENT is between the Ci#y of Corpus Christi, Texas, a Texas homa-rule municipal corporation, "CITY", acting through its duly authorized City Mar-ager or designee ("City Eng~neer"), and ROCK ENGINEERING & TESTING LABORATORY, INC., a Texas corporation or partnership, "LAB°, acting through its duly authorized representative who is CURTIS A. ROCK (Name) BUSINESS DEVELOPMENT MANAGER (Titfe), which agree as follows: 1. DEC~ARATIONS "CITY" desires to engage "LAB" to pro~ide services in connection with City's project, described as follows: Cimarron 6oulevard Phase 1#rom Saratoga to Yorktown (Proiect Na. 626~ "PROJECT". 2. SCOPE OF WORK "LAB" shall provide services to the PROJECT in accardance with the accompanying Sca~e of Services and Fee ScheduEe attached as "Exhibit A" and the Terms and Conditions ta AGREEMENT attached as "Exhibit B". 3. F~E 7he "CITY" agrees to pay the "LAB" for ser~ices provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to ~xc~ed $64,744.00 {in figures), Six Four Thousand Seven Hundred Fort~ Four Dallars and Zero Cents} (in words). 4. CI7Y'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND COND17'IONS AT THE PROJECT SITE. "CI~Y" warrants to "LAB" that to the best of its knowledge, based upon currently available information, fhe onfy hazardous or toxic materiaEs, as defined by the ~aws and regulations of the Federal government, the state, and city which exist at khe PROJEC~ SITE are as follows: None CITY OF CORPUS CHRISTI 7 ~~~~ Ronald F. Massey, ( e) Assistant City Manager RECOMMENDED 7 !o/D 7 g R. Escobar, P. E., {D te) irector of Engineer+ng Services ATTEST Armando Chapa, City Secr y AP ROVED AS FORM ~~ ~~~~b~' . Legal Department {Date) Project No. 6261 Zao7-23s a~r~~io~ M2047-185 RO K ENGIN & TESTING ABOR Y, INC. is A. Rock (Date) Business I]evelopment Manager 4910 Neptune Street Corpus Christi, TX 78405 (361) 883-4555 Office {36~ ) 883-4711 Fax ~~~~~'l~~ AU~HDRILt-. ... ~...»... _.... ~........ w.. B3~ C0~l~t'!L . T ~ ' ~ S~~l~ Rock Engineering and Testing I PHASE 11TESTINGSAGREEMENT • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ~NGINEERING & TESTING • SOI~S • ASPFlALT • CONCRETE City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. Angel R. Escobar, P.E. Director of Engineering Services ~I JUN 0 5 2007 ' SUBJECT: ESTIMATED TESTING BUDGET CIMARRON BOULEVARD PHASE 1/ SARATOGA TO YORKTOWN Project No. G261 Corpus ChrisEi, Tegas RETL Pro osal Number: P060107B Dear Mr. Escobar, Rock ~ngineering and Testing Labora#ory, Inc. (RETL) is pleased to be Selected to perform the required Construcrion Materials Testing for the above-mentioned project. The Estirnated Construction Materials Testing Budge# for this project is $64,744.00 The estimated construction materials testing budget has been based on a review of the plans, specificat~ons and testiag schedule provided. A breakdown oF field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actua! testiag performed. The total fee assessed will be dependent on tl~e contractor's constrnction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time ihe technician is required to be on-site but not performing testing activities. in addition, in- place densities will be invoiced for a rninimum of 3 in-place densities per trip. Please be advised that weekend Technician time will be invoiced portal ta portal at an additianal rate of $22.U0 per hour. RETL appreciates your consideration of our firm to assist you duriug the construction phase of your project. If you have any questions or comments please contact us at {351) 883-~4555. Sincerely, /-~''~1.~ Robert Pena, Project Estimator ec: Maverick Engineering Inc. Attn: Mr. Dennis Miller, P.E. ACCEPTED AND APPROVED By, Print Date EXHIBIT "A" RQCK EhGINEERING Sc TESTI~IG LABORATORY~ Intc. Pa e 1 of 2 www.rocktesting.com 4~'I O(VEPTUNE STREET • C,ORPt15 CiHR13Ti, ~EXAS, 784a$ 18847 Reovwo Ro,ao #242 '.SAN ANTONIO, rEXA3, 7~ZrJ~ OFFECE: ~3B'I~ 883-4$JrJ • Fax: (361) 883-4711 OFFic~: (214) 495-8000 • Fnx: (210) 495-8015 June 5, 2007 Date: 06I05107 Profect: Cimmaron Boulevard Phase 11Saratoga to Yorktawn, Project No. 6261 Proposal No: P060107$ CIient: City of Corpus Christi Test Item 'i'est Test Frenuenev uanti uant Unit Unit Fee Fee Soits Sampling Charge 2 EA. $46.00 $92.00 Standard Proctor - Trench Backfill 1 EA. $157.00 $157.00 Standard Proctor - Subgrade 1 EA. $157.00 $157.~0 Densities - Trench Backfill 220 EA. $34.00 $7,480.00 ]aensities - Subgrade (Streets) 183 EA. $34.00 $6,222.00 Densities - Subgrade (Driveways) 11 EA. $34A0 $374.00 Fle~ble Base Sampling Charge 7 EA. $46.00 $322.OD Seive Analysis 7 EA. $77.00 $539.00 Atterberg Limits 7 EA. $67.~0 $469.00 Modi~ed Proctor 7 EA. $206.00 $1,442A0 L.A. Abrasion 7 EA. $262.fl0 $1,834.06 CBR (Standard) 1 BA. $600.OD $600.00 Densi~ies - Campacted Base Street 176 EA. $34.00 $5,984.06 Deasities - Compacted Base C& G 77 EA. $34.06 $2,618.00 Wet Ball Mill 1 EA. $262.Od $262.00 TriaxialTest 1 EA. $1,082.00 $1,082.00 HMAC Sampling Charge 23 EA. $46.00 $1,058.00 HNiAC Full Series (}7er 500 Tons) 23 EA. $502.00 $11,546.00 Cored In-Place Densities (per 1,OOOLF) $ EA. $78.00 $624.00 Temperture during Lay-dawn (Continuous as Needed) 10 EA. $460.00 $4,600.00 Concrete (Sets of 4; 7, 14 & 28tlay breaks) Curb & Gutter 31 SETS $139.00 $4,309.00 5idewalk & Curb Ramps 19 S~TS $139.00 $2,641.00 Driveways 4 SETS $139.00 $556.a0 C4~rb, Post, C,rake Inlets & M.H. Risers 8 SETS $139.00 $1,1i2.00 Headwalls 2 SE'I'S $i39.00 $278.00 Storm Sewer/San. Sewer/Water Manholes (Cast-in-Place) 20 SET $139.00 $2,780.00 Rip Rap, Aprons & S.E.T's 2 SET $139.00 $278.00 Manhole Base/Footing 2 SET $139.00 $278.00 CONCRETE CYLINDER PICK UP FEE TRANSPORTA'I'[ON I'~E ADMINSTRATION FEE GRAND TOTAL 30 Ea. $35.00 $1,050.00 250 TRIl'S $16.00 $4,040.00 $52.00 ~64,744.00 :XHIBIT "A" Dan~a ~ nf 2 TERMS AND CONDIT~ONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.~ Provide anly 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 ta perform. i.2 Perform technical services under the gen~ral direction of a licensed engineer and in substantial accordance with the basic requirements of the appropria#e standards of the American Society for Testing and Materials, where applicable, or other standards designated in wri#ing by the "CITY ENGINEER". 1.3 Promptly submit formal reports O~ t85t5, inspections and ser~ices performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. 5uch reports must be complete and factual, cEting the tests perfarmed, methads employed, ~alues obtained, and parts of the structure of ~HE PROJ~CT area subjected to any tes#ing. 1.4 Utilize testir~g equipment which ~as been calibrated according to applicable standards and, upon request, s~abmit ko the "CITY ENGINEER", or his authorized representative, documentation of such cali6ration. Secure representative samples of those materials that the City's Cantractar proposes ta use which require testing, together with reievant 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 ar agenc3es specifically designaked in writing by the "C171' ENGlNE~R". 1.6 Retain records relating to senrices performed for "CITY" for a periad of two years following submission of any reports, during which period the records will be made avaifable to the "CITY" at all reasonable times. 1.7 ~ay salaries, wages, expenses, sacial security taxes, federal and state unemploymenk taxes, and any other sirr~ilar payroll taxes relatir~g to the services. ARTICLE 2. C17Y RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change arders, approved shop drawings and other information for the proper pertormance of services by "LAB". 2.2 Issue authorizatian in writing giving "LAB" ~ree access to THE PROJECT site, and to all shops or yards where ma#erials are prepared or stored. 2.3 Designate in writing thase persons or firms which will act as the "C1TY's" representati~e with respect ko "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by °~.AB" when it appears that materiafs tested or inspected are in non-compliance. Only the "CITY ENGINEER" or his designated representative ha~e aut~ority to transmit instructions, recei~e information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowiedges that c~rtain "CITY" representati~es may have different types of authority concerning THE PROJECT. (Revised January 1998) Exhibit "B" Page 1 of 3 2.4 Advise "LAB" sufficien#ly in ad~ance of any operations so as to allow far assignment of persannef by "LAB" for completion af the reqt~ired services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractar, either by the Construction Contract or direct written order to: (a} 5#op work at the appropriate times for "LAB" to perform cantracted services; (b) Furnish such labor and all facilikies needed by "LAB" to abtain and handle samples at THE PROJECT and to facilitate the sp~cified 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 whic~ must remain on THE PROJECT site prior to, during, and up to 60 days af#er testing. ARTICLE 3. GEN~RAL CONDIT[QNS 3.1 "LAB", by the perFormance of services covered hereunder, daes not in any way assume, abridge or abrogate any of those duties, responsibilities ar autharities with regard to THE PROJ~CT which, by custom or contract, are vested in THE PROJECT architecks, design engineers, ar any other design agencies ar authorities. 32 "LAB" is not authorized to supervise, alter, relax, e~large or release any requirement of THE PROJECT specifications or other contract documen#s nor to approve or accept any portion of the work. "LAB" does not ha~e the right of rejection or #he rigi~k to stop the work. "CITY ENGINEER" will direct THE PROJECT cantractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, ar inspectian of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "~.AB" agree that "LAB" will be an-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will nat assume responsibility for PROJ~CT Contractor's means, metha~s, techniques, sequences or procedures of canstruction, and it is unders#ood that the final services provided by "LAB" wili 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 woric and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does r~ot mean that "~A8" 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. (Re~ised January 1998} Exhibit "B" Page 2 of 3 4.2 Samples collected or tested by "LAB" remain the property of tne "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days follawing khe date of submission of any report refated to the sample. Following #he rekention period, "LAB" will dispose of non-hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "ClTY" agrees to accept s~ch samples and samples containers. ARTICLE 5. STANDARD OF CAR~ 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 prafession currently practicing under similar conditions in the same localiky. No other warranty either expressed ar implied is made or inkended 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 "CfTY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor wiEl be solefy and compfetefy respansible for working conditions on THE PROJECT, includir~g safety of all persons and property ciurir~g the performance of the worfc, a~d for compliance with all municipai, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing s~rvices is nok, therefore, to include any review of, ar responsEbility for, #he adequacy of the ~ROJECT'S general con#ractar's safety measures in, an, ar near THE PROJ~CT site. ARTICL~ 7. INVOICES AND PAYMENT "LAB" will submit progress in~oices to "CITY ENGINEER" rr~onthly and final invaice upon completion of services. Each in~oice 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 conditians, represents the entire AGR~EMENT between "CITY" and "LA8" 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". Ef any conflict occurs between these ferms and candikions and fhis AGREEMENT, these terms and conditians are controlling. 8.2 In the ev~nt that any one or mare of the pro~isions contained in tnis 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 wiN be a waiver of any future default. $.3 Neither party will assign khis AGRE~MENT without the express written approval of the afher, but "LAB" may subcontrack laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. {Revised January 199$) Exhi~it °B" Page 3 of 3 ~ City of ~_ COI'~?US CITY OF COR~US CHRISTF - - C~'lI'1St1 DISCLOSURE OF 1NT~R~STS w~.r Ciry of Corpus Christi Ordinance 17112, as amended, requires a!! persons orfirms seeking to do business with the City to provide the following information. Every question mus# be answered. If the questian is not applicable, answer with "NIA". FIRM NAME: Rock Engineerinq & Testinq ~ahoratorv, Inc. STR~~'f: 4910 Neptune Street CITY: Corpus C~risti ZIP: 78405 FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Associakion 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the revers~ side of this page or attach seParate sheet. 1. SEate the names of each employee of the City of Corpus Christi having an ownership interest constituting 3°/a or more of the ownership in the a~o~e named firm. ~fame Job Title and City Department (if known) NIA 2. State the names of each official of the City of Corpus Christi having an ownership in#erest constituting 3% or more of the ownership in tha above named firrr~. Name TiUe NIA 3. State the names af each baard memher of th~ City af Corpus Christi having an ownership interest constituting 3% or more of the awnership in the above named firm. Name Board, Commission or Committee NIA 4. State the names of each emplayee or officer of a consultant for the City of Carpus Christi who worked on any matter related to the suhject of this contract and has an ownership interest constituting 3% or more of the ownership in the aba~e named firm. Narrte Consulhnt NIA CERTIFICATE I certify that all information pro~ided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemenkal stafements will be promptiy submitted to the CiEy of Corpus Christ~, Texas as changes occur. Certifying Person: Curtis . Roc Title: Business Develo ment Mana er ype ar rEn Signature of Certifying Pers : Date: ~ (~~ EXHIBIT "C" Page 1 of 2 DEFINITIONS a. Board Membe~. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. Errtployee. Any person employed by the City of Corpus Christi, Texas, either on a fulE or part time basis, but not as an independent contractar. c. Firm. Any entity operated for economic gain, w~ether professional, industrial or commercial and whether estabEished to produce or deal with a product or ser~ice, including but not limit~d to, entities operated, in the form of sols proprietarship, as self-employed person, partnership, corporation, Joint skock company, joint ~enture, receivership or trust and entities which, for purposes of #axa~ian, are treated as non-profit organizations. d. Official. The Mayor, merr~bers of the City Council, City Manager, Deputy Cify Manager, Assistant City Managers, Department and Di~ision Heads and Municipal Court Judges of the Cify of Corpus Christi, Texas. e. Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is hefd through an agent, trust, estate or holding entity. Constructively held refers to holding or cantrol establis~ed through voting trusts, proxies ar special terms of venture or partnership agreements. f. Consu{tant. Any person or firm, such as engineers and architects, hired ~y the City of Corpus Christi for the purpose of prafessional consuitation and recommendation. EXHIBIT "C" Page 2 af 2