HomeMy WebLinkAboutC2010-367 - 9/14/2010 - ApprovedAGREEMENT
for
Construction Materials Testing and Engineer'sng 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 ("Ci#y Engineer"}, and
ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"),
acting through its duly authorized representative who is Curtis A. Rack. ,Business Develooment Manager.
which agree as follows:
1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with
City's project, described as follows: Yorktown Boulevard -Staples to Cimarron [BOND ISSUE 2008)
[Project No. 6464} ("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 "CfTY" agrees to pay the "LAB" for services provided in accordance wi#h Exhibit
"A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed 48 t?0[).OEa
~rt1--Eight Thousand Dollars and Zero Centsl.
4. INDEMNIFICATION AND HOLD HARMLESS: "LAB" 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 khe PROJECT SITE are as follows: None.
CITY Off; CORPUS ~ RIST
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Juan Perales r., P.E. (Da#e)
Assistant City Manager
APPROVED AS TO FORM
'~ Pete Anaya, P.E. (Date)
Director of Engineering Services
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Legal Department (Date)
Operating Department at
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ROCK NGIN ERIJVG & TESTING LABORA1TORY
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Curtis A. Rock {Date)
Business Development Manager
6817 Leopard Street
Corpus Christi, TX 78409
(361) 883-4555 -Office; (361) 883-4711 -Fax
Project No. 6464 CIP No, ST 2'I
Fund Source No. 550920-3548-00000-170321
Encumbrance No. ,L a
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CONTRACT MANAGERS
INDEXEp
• GEOTECI{NICAL ENGINEERING
• CONSTRUCTION MATERIALS ENGINEERING &
TESTING
• 50ILS • ASPHALT • CONCRETE
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Attn: Mr. Pete Anaya, P.E. -Director of Engineering
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
Yorktown Boulevard -Staples to Cimarron (Bond 2008)
Carpus Christi, Texas
City Project No.: 6464
RETL Pro osal Number: P072810A
Dear Mr. Pete Anaya,
Rock Engineering and Testing Laboratory, Inc. (BETE} is pleased to be selected to perform the
required Construction Materials Testing for the above referenced project. The Estimated
Construction Materials Testing Budget for this project is $48,000.00.
The estimated construction materials testing budget is based on a review of the information
provided to 1tETL. An estimated 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 actual
testing performed. The 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. In addition, in-place densities will be invoiced for a
minimum of 3 in-place densities per trip.
Please be advised that weekend Technician time will be invoiced portal to portal at an
additional rate of $24.00 per hour.
RETL appreciates your consideration of our firm to assist you during the construction phase of
your project. If you agree with this proposal, please sign the attached Laboratory Testing
Services Agreement, submit the Distribution List and provide billing information. If you
have any questions or comments regarding this proposal, please call me at {361) 883-4555.
Sincerely,
Sandra Kirk
Project Estimator
ROCK ENGINEERING & TESTING LAi30RATORY, INC.
6$17 LEOPARD STREET + CORPUS CIIR[STI, TEXAS, 78409 BXHIBIT "A"
OFFICE: (3b1} 883-4555 • FAX: (361) 883-4711 • www.rocktesting.com Pa e ~ of 1
August 5, 2010
Exhibit B
Mandatory Requirements
Revised November, 2005)
INDEMNIFICATION AND HOLD HARMLESS
Lab 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 Clty of Corpus Christi, its agents, servants, or
employees or any other person indemnified hereunder.
EXHIBIT "B"
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TERMS AND CONDITIONS TO AGREEMENT
ARTICLE 1. SERVICES: "LAB" wilh
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 supervision of a licensed professional engineer and in
compliance 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 (printed and electronic copies) of tests, inspections and services
pertormed indicating, where applicable, compliance with the PROJECT specifications or other
contract documents. Such reports must be complete and factual, citing the tes#s 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 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 o#her information for the proper performance of services by "LAB".
2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT si#e, 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.
EXHIBIT "C"
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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 Tabor and ail facilities needed by "LAB" to obtain and handle samples at THE
PROJECT and to facilita#e 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 6Q 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 MONITORWG 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 far 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 specified in the
AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is
approving placement of materials, Inspection is nok and should not be construed #o 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 condi#ions
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 pertormance of the work, and for
EXHIBIT "C"
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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.
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 ail prior negotiation, represen#ations
or agreements, writ#en 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 condi#ions 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 arEd 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
"LAi3" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations
of this AGREEMENT.
EXHIBIT "C"
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/ ..,,..~
~~,,yy~~yy~~,,,, SUPPLIER NUMBER
^s~ TO BE A85IGNEIa BY~;IITT~~
.- PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
carpus DISCLOSURE OF INTEREST
Chrrsta
City of Carpus Christi Ordinance 17112, as amended, reciuires all persons or firms seeking to do
business with the City to rovide the following informatlan. Every question must be answered.
If the question is not applicable, answer with "NA". See reverse slde for filing requirements,
certifications and definitions.
COMPANY NAME: Rock Engineering & Testing Laboratory, Inc.
P. O. BOX:
STREET ADDRESS: 6817 Leopard St.
CITY: Corpus Ci~risti ZIP: 78409
FIRM IS: 1. Corporation X 2. Partnership ^ 3. Sole Owner ^
4. Association ^ S. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this pa a 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
NIA
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
NIA
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
NIA
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
EXWEBIT "D"
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FILING REQiIIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public m general or a substantial segment thereof, ou shall
disclose that fact in a si ed writmg to the City official, employee or body that as been
requested to act in the matt r, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary,
[Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
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: Curtis A. Rock Title: Business Development Manager
(Type or Print)
Personure of Certifying - Date: ~. ~~ ~L ~
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. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof:
c. "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.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product ar 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 which for purposes of taxation are treated as non-profit organizations.
e. "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 City of Corpus Christi, Texas.
f. "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 holdings or control established through voting trusts,
proxies, or special terms of venture ar partnership agreements."
g. "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.
EXHIBIT "D"
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