HomeMy WebLinkAboutC2008-542 - 8/26/2008 - ApprovedAGREEMENT
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
ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"),
acting through its duly authorized representative who is Roetta C. Rock. President, which agree as
follows:
1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with
City's project, described as follows: Street Overlays Clusters 1, 2, 3 and 4 IProiect Nos. 6446. 6447
and 8448 ("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 97 882.00
(Ninety-Seven Thousand Eight Hundred Eighty-Two Dollars and Zero Centsl.
4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save
harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set
forth in Exhibit "B".
5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT
THE PROJECT SITE. To the best of the City's 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 OF CORPUUS CH/RISTI
Q el .Escobar. P.E. ~
I erim Assistant City Manager
RECOMME ED
I //
Kevin Stowers D e
Interim Director of Engineering
ATTEST
Armando Chapa, City Se ary
2008-542
M2008-231
08/26/08
Rock Eng. & Testing Lab
BOCK E~It~ERIIJG $~ TE3i~IG LABORATORY
oetta C. Rock Date
President
6817 Leopard Street
Corpus Christi, TX 78409
(361) 883-4555 -Office; (361) 883-4711 -Fax
APPROVED AS TO FORM
Assistant City Attorney Date
,L~~~` :~~~/~AUTMURIZED
ItY COUNCIL„ ~~cZ ~D~B
~ SECRETARY `"s~
<S-Street Overlays\Testing\Cen$V Tes\ing\ConsV Testing Agreeman[tlac
• GEOTECHNICAL ENGINEERING
• CONSTRUCTION kIIATERIALS
ENGINEERING ~ TESTING
• $OIlS • ASPHALT • CONCRETE
Au~,ust I5. ?008
City of Ca'pus Christi
P.U. Box 9?77
Corpus Christi, Texas 78469-?277
Attn: Mr. Kevin Stowers
Interim Director of Enoinecring Services
SUBJF,CT: ESlTM:1"I'ED"fL'STINGBUDGHT
STREET OVERLAY'S-CLUSTERS 1,2,3 & 4
PROJECT NO. 6446, 6447 & 64x8
Corpus Christi, Texas
RETL Proposal Number: P081508A
Dear Mr. St ~++ers,
Rock h:n~ineering and Testing Laborenn'y, Inc. tRl?ll.) is pleased to 6c Selected to perlimm the required
Construction P.1au•riads "I'csting liw the above-mrntinned prglect. The Estimated Construction Materia is
'Testing Budget for [his project is S97,882.00
The estimated construction materials testin_ budget has been based at a review of the plans and specilirnionx
provided A breakdown of field and laboratory testing required is includes as an attachment.
Please make note that the actual fees invoiced fur This project will he based on the actual testing
performed. The total fee assessed will be dependent nn the contractor's construction techniques, number
of trips made to the jobsi[e, elapsed lime from technician arrival to commencement of testing activities,
and anv time the technician is required to he mt-site but not perfornung testing activities. ht addition, in-
placedensities will be invoiced for a minimum of 3 in-place densities per trip.
Please be advised that weekend 'Technician time will be in+•uiced porett ro pm-[al a[ an additional rate of
X22.00 per hour.
I:ChC. apl:a'eciate° your con;icerulel; of our t~nn to assist you during the construction phase of your project. If
you have any questions or comments phase contact us at (~61) R83-4i?5.
Sincerely,
2~~--
ACCF.PTEDAND APPROVED
By
Robed Pena.
Project r-stimaux Prim____-_ _. __-..
Dale
cc: Coym, Rehmet R Gutierrez lingincaring, Inc.
Attn: Mr. Don Rehmet, P.F.
ROCK ENGINEERING H: TESTING LABORATORY, ENO.
www.rocktesting.com
6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 7H409-1703 18H47 REULAND ROPD #ZO2 ' SAN ANrONIO, TE%AS, 78259
OFFICE: (361) 883-4555 • FA%: (301) 883-4711 OFnce: (210) 495-8000 • Fnx: (210) 495-8015
Date: 8! 15/2008
Project Name: Street Overlays, Clusters I Ihnt 4 (2008)
Contact: City of Corpus Christi
Contact Information: Kevin Stowers
UTILITIES
Manholes /Valves
Number Of MH/Valves
Set Size:
lest Schedule:
Concrete Strength:
'test Frequency:
385
Concrete Cylinders (set of 4)
I a 7& 2 n 28 Days
3000 PSI
I per 20
Test Ouantitv Unit Fee Fee
20 $ 146.00 $2')30.00
STREET PAVING
Paving Section Full Depth Pvmt. Repair & Full Depth Reclamation
Base
Description: Base Material & Reclaimed l3ase Sample Charge $48.00 $48.00
Square Footage: 499,314
Linear Footage: 20,805
Number of Lanes:
Proctor Type: Modified 7 $216.00 $1,512.111)
Density Requirements: 70 $36.00 $"_',5'?O.UO
Test Frequency: I every 300 l.F
Additional Test: Field Gradation 70 $63.110 $4341L(111
HMAC
Description:
Square Yardage:
Linear Footage:
Tonage:
Full Series Freq.:
Cored in Place Frey
3" & 3" HMACP Type D
316,620
39460
I every 500 Tuns
3 Cores per 500 lbns
Sample Charge $48.00 $3,792.011
79 $527.00 $4 LG.3 3.00
237 $82.00 $19.4.;4.110
Concrete
Description:
Cubic Yards:
Set Size:
Test Schedule:
Concrete Strength:
Test Frequency:
Curh and Gutter
Bus Slop Slabs (14 Eiach)
X74
Concrete Cylinders (set of 4)
I ~,7, I (r), 14 & ? a 28 Days
3000 PSI
I pcr Slab
Description: Curb & Gutter
Linear Footage: 7,753
Density Requirements: 95% std. no MC
Density Frequency: I every 200 I.F
Concrete
Set Size: Concrete Cylinders (set of 3)
Test Schedule: I n,7 & 2 n 28 Days
Concrete Strength: 3000 PSI
Test Frequency: I every 500 l.l'
1 of 2
14 $146.00 $3.044.110
39 $36.00 $1.404.00
16 $ 109.00 $1.744.00
r r
t r
~O y
' '
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Date: 8/ 15/2008
Project Natne: Street Overlays, Clusters I thru 4 (2008)
('ontact: City of Corpus Christi
Contact [nfonnation: Kevin Stowers
Test Quantity Unit Fee fec
INSPF,C'TIONS & OBSERVATIONS
HMACTemp.iHour 20 $55.00 $I,IOILII(1
CYLINDER PICK-UP FEES
Numher of"Trips: 43 $;7A0 $I,SSJ.00
TRANSPORTATION FEF,S
Location: Corpus Christi 222 $2'.00 $4.8Ra.0U
ADMINISTRATION FEES $55.00
SuMotal $88.984.b0
10% FOR CONTINGENCIES $8'898.00
ESTIMATED TOTAL $97,R82.U11
*This is only an estimate. Please make note that [he actual fees invoiced for this project will be based
on the actual testing performed. 9'he total fee assessed will be dependent on the contractor's
construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to
commencement of testing activities, and any time the technician is required to be on-site but not
performing testing activities.
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Exhibit B
Mandatory Requirements
(Revised September, 2001)
INSURANCE REQUIREMENTS
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-Day Notice of Cancellation required on all Bodily Injury and Property Damage
certificates
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Farm
2. Premises -Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractuallnsurance
7. Broad Form Property Damage
8. Independent Consultants
9. Personallnjury
AUTOMOBILE LIABILITY--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' LIABILITY $100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITYI $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include [ ] REQUIRED
long-tern environmental impact for the disposal of [X] NOT REQUIRED
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental Insurance
Requirements
[ ]REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER $100,000 Combined Single Limit
See Section B-6-11 and Supplemental
Insurance Requirements
[ ] REQUIRED [X] NOT REQUIRED
Exhibit "B" -Insurance Requirements
Page 1 of 3
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, P. O. Box 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.
sentrast
Exhibit "B" -Insurance Requirements
Page 2 of 3
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
TERMS AND CONDITIONS TO AGREEMENT
ARTICLE 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 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.
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, organizations or
agencies specifically designated in writing by the "CITY ENGINEER".
1.6 Retain records relating to services pertormed 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".
22 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 pertormed 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:
EXHIBIT "C"
Pa e 1 of 3
(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.
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.
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 pertorming 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 specifed 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".
ARTICLE 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
EXHIBIT "C"
Pa e2of3
"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.
ARTICLE 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 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.
EXHIBIT "C"
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r~
~I~~1~ City of
COl'~US CITY OF CORPUS CHRISTI
Cjl[7SCt DISCLOSURE OF INTERESTS
w~.-~
City of Corpus Christi Ordinance 17112, 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
"N/A".
FIRM NAME: Rock Engineering ~ Testing Laboratory Inc.
STREET: 6817 Leopard Street CITY: Corpus Christi ZIP: 78409
FIRM is: 1. Corporation X 2. Partnership- 3. Sole Owner- 4. Association
5. Other
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 Jab Title and City Department (if known)
N/A
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
N/A
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
N/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
NIA
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: Roetta C. Rock - - -- -- ----- - Title: President
Signature of Certifying Per n: ~- Date: ~~%~~Gt'
~_ _._ -~
EXHIBIT "D"
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DEFINITIONS
a. Board Member. A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. 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.
c. Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce ordeal with a product or service, including but not limited to, entities operated. in the form
of sole proprietorship, as self-employed person, partnership corporation, oint stock company, joint venture,
receivership or trust and entities which, for purposes of taxation, are treate~ as non-profit organizations.
d. Official. 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 Ci of Corpus Christi, Texas. gg
e. OU hei t resttsrheld through anuaagelnt~ tru tsestate oefh IdingyentitynsCon6t ulctivelldy~heldfrefers to holdi g or
control established through voting (rusts, proxies or special terms of venture or partnership agreements.
f purpose of profess ornalnconsul at on and recommendatlorai rchitects, hired by the City of Corpus Christi for the
EXHIBIT "D"
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