HomeMy WebLinkAboutC2010-368 - 9/14/2010 - Approvedri
AGRI=EMENT
for
Construction Materials Testing and Engineering 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 Curtis A. Rock Business Develo ment Mana er
which agree as follows:
1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with
City's project, described as follows: Buckingham Estates Force Main and Oso Plant Effluent Line
~oject No. 74261 ("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 Hat to exceed 32 876.00
Lrty-Two Thousand Eight Wundred Seventy.-Six Dollars and Zero Cents].
4. INDEMNIFICATION AND HOLD HARMLESS: "LAB" agrees to indemnify, save harmless
and defeed the City of Corpus Christi, and its agents, servan#s, 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 O~ CORPUS CH STI
~ ~/~~~~
Juan Perales Jr., .E. (bate)
Assistant City M Hager
APPROVED A5 TO FORM
_..~ - , , ,.. ~J~la
Pete Anaya, P.E. (Date)
"``~~~ Director of Engineering Services
~~~
Legal Department (Date}
Operating Department (Date)
~,,-
/~ ~ ~..
~Jr1~---~-e ,..,r,...
~aT~r: ~..W.....
2010-368 ~ ~'
ROCK ENGINEERING & ESTING LABORATORY
. ~~ ~l ~ l~
Curtis A. Rock (Date)
Business Development Manager
6817 Leopard Street
Corpus Christi, TX 78409
(361) 883-4555 -Office; (361) 883-4711 -Fax
Project No. 7426 C1P No. WW 20
Fund Source No. 55092 -4502-00000-150780
Encumbrance No. a6
i~ ®~~.` ~ J4l1THORICED
~ Cg1#fiC1L ~1.`...._...
.,,.,~,:~ ~NT~R~D
SEGR~'fARY ~}~-
M2010-220
09/14/10 okingham FM & Ose Plant EfFluent LinelTestinglSmall Construction Testing-Rock.doc
Rock Engineering & Testing
AUG 06 200
CONTRACT MANAGERS
INDEXED
r~
• GEOTECHNICAL ENGINEERING
• CONSTRUCTION MATERIALS ENGINEERING &
TESTING
• SOILS .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
Corpus Christi, Te ~ ~~~~~~~~~ ~~ ~,~ ~,~,,(.]
City Project No.: 7426 ®~U ~ ~ `'~`~,
RETL Proposal Number: P072810B ~ ~~~~~~~
Dear Mr. Pete Anaya,
Rock Engineering and Testing Laboratory, lnc. (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 $32,876.00.
The estimated construction materials testing budget is based on a review of the information
provided to RETL. An estimated breakdown of field and laboratory testing required is included
as an attachment.
Please mare 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 (36i) 883-4555.
Sincerely,
y~a,~d~.a, ~ ~.
Sandra Kirk
Project Estimator
ROCK ENGINEERING & TESTING LABORATORY, INC. EXHIBIT "A"
6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 Pa e 1 of 1
OFFICE: (3b1) 883-4555 • FAX: (3bl) 883-4711 • www.rocktesting.com .
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 City of Corpus Christi, ifs agents, servants, or
employees or any other person indemnified hereunder.
EXHIBIT `B„
Pa e1af1
TERMS AND CONDITIONS TO AGREEMENT
ARTICLE 4. SERVICES: "LAB" will:
1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion ofi "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
performed indicating, where applicable, compliance with the PROJECT specifics#ions 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, submi# to the "CITY ENGINEER", or his authorized representative, documentation of
such calibration.
Secure represents#ive samples of those materials tha# the City's Contractor proposes to use
which require testing, together with relevant data concerning such materials including the poin# 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 fallowing
submission of any reports, during which period the records wil! 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 i# appears that materials tested or inspected are in non-
compliance. Only the "CITY ENGINEER" or his designated representative have authority to
transmit inskructions, receive informs#ion 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
#hat established by mutual agreement of the parties.
EXHIBIT "C"
Pa e 1 of 3
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.
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 archi#ects, design engineers, or any
other design agencies or authorities.
3.2 "LAB" is nok 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 #o stop the work. "CITY ENGINEER"
will direct THE PROJECT contractor to stop work at appropriate times for "LAB" #o 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" wilt be on-site to perform inspectipns for contracted services.
The "CITY" and "LAB" also agree that "LAB" wil! 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
specifica#ions. 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 subcon#ractors does not mean that "LAB" is
approving placement of materials. Inspection is not 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 ofi 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 cons#ruction 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
EXHIBIT "C"
Pa e2of3
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, ar 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 fins! 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 $. 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", ff 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 and this AGREEMENT will be construed as if the invalid or unenforceable matters were
never included in this AGREEMENT. No waiver of any default wiH be a waiver of any future
defaul#.
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"
Pa e3of3
t
SUPPLIER NUMBER
TO BE ASSIGNED BYZ',ITY-
PURC}IASING J~IVISION
-..~..~
City of CITY OF CORPUS CHRISTI
c°rpus DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City to provide the following informat~an. Every question must be answered.
If the question is not applicable, answer with "NA". See reverse side for filing requirements,
certifications and definitions.
COMPANY NAME: Rock Engineering & Testing Laboratory, Inc.
P. O. BOX:
STREET ADDRESS: 6817 Leopard St.
CITY: Corpus Christi ZIP: 78409
FIRM YS: 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 pa e 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 Job Title and City Department {if known)
NIA
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 Carpus Christi having an "ownership
interest" constituting 3% or more of the ownership m 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 Carpus 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
EXHIBIT "D"
Pa e 1 of 2
FILING REQUIREMENTS
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, you shall
disclose that fact in a si ed writing to the City official employee or body that has been
requested to act in the matt r, unless the interest of the City offtc~al 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• ~, ~~ t~ ~
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 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 which for purposes of taxation are treated as non-profit organizations.
e. "OfFcial." 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 or 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"
Pa e 2 of 2