HomeMy WebLinkAboutC2012-133 - 5/22/2012 - ApprovedAGREEMENT
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 Tolunay-Wong
Engineers, Inc. a Texas corporation or partnership ( "LAB "), acting through its duly authorized representative who is
John January, Branch Manager, which agree as follows:
1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's
project, described as follows: Staples Street P_ hase 1 from Braw_ner Parkway to Barracuda Place (Bond 20081
(Project No. 6468) ( "PROJECT')
2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the
accompanying Scope of Services and l=ee 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 $89,400.00 (Eiger -Nine
Thousand Four Hundred Dollars and Zero Cents).
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 c rrently available information, the only hazardous
or toxic materials, as defined by the laws and regulations of j Fj tral government, the state, and city which exist at
the PROJECT SITE are as follows: None.
CITY OF CORPUS CHRISTI
_ S -2• /Z
Oscar R. artinez (Date)
Assistant City Manager
Public Works, Utilities & Transportation
APPROVED AS TO FORM
Daniel Biles, P.E. (Date
Irded0h Director of En i ering rvlces
I
Legal Department (Date)
O a ' g Depa ment I (bat r
v ie b4-ii S
Office f Management anti Budget ( ate)
ATTEST
Armando Chapa, City Secretary (Date)
ENGINEERS, INC.
(Date)
Br nch Anager
5233 IH 37, Suite B -7
Corpus Christi, TX 78408
(361) 884 -5050 Office
(361) 884 -5052 Fax
ENTERED
MAR 2 i 2012 (2
CONTRACT ANA (GE S
� elf AUTHOR110
ff COUNCIL 5)11 ! Z y
RRCT'TAPVTR --
Staples Street Phase 1 from Brawner Parkway to
Barracuda Place Bond 2008 Project No. 6468
Encumbrance No. it-
4d
nd Source Number Amount
J920- 3548 - 00000 - 170077 $89,400.00
2012 -133
5/22/12
ojectNo .6468- 6469Staples5treetPhasel fromBrawnerloBarracudaandPhase2from6arracudatoGollihar4TOLUNGA -WONG
M2012 -097 ;xEEMENT.docx
Tolunay -Wong
INDEXED
Tolunay -Wong
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Engineers, Inc.
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MATERIAL TESTING COST ESTIMATE PROPOSAL
February 27, 2012
Proposal No: P12 -0O53
City of Corpus Christi
Department of Engineering Services
1201 Leopard St., Suite 300
Corpus Christi, Texas 78401
Attention: Mr. Dan Biles, P.E.
Interim Director Engineering Services
Reference: Cost Estimate for Staples Street Phase 1
Brawner Parkway to Barracuda Place (Bond 2008) Project No. 6468
We are pleased to submit this proposal for performing construction materials testing during the
construction for the above referenced project. This proposal outlines our understanding of the
project, proposed scope of work and project fees.
SCOPE OF WORK
It is our understanding that construction materials testing and inspection services will include the
following services:
• Sampling of soil materials and testing for atterberg limits and moisture /density properties
• Compaction testing of soil backfill, subgrade, fill, base, HMAC
• Groundwater sampling
• Proof -roll and compaction tests of subgrade
• HMAC laboratory testing
• Concrete monitoring & testing
• Test report preparation and submittal
• Related laboratory testing and sample pick -up services
EXHIBIT "A"
Pa e1of4
FEES
As you requested, we have provided a cost estimate for this project. Estimated total cost for all items
anticipated were based on the standard TWE fee schedule submitted for projects with the City of
Corpus Christi. Any additional services not shown on this proposal will be billed in accordance with
the standard fee schedule.
Sincerely,
t -WONG ENGINEERS, INC.
o. F-124
Enclosure: Cost Estimate Proposal
JJlab:
F E HIBIT °Aa e 2 of 4
CONSTRUCTION MATERIALS TESTING COST ESTIMATE PROPOSAL
Cost Estimate for Staples Street Phase 1
Brawner Parkway to Barracuda Place (Bond 2005) Project No. 6468
Description of Services
Soils
Soils Technician
Moisture/Density Relations, ASTM D 698
Atterberg Limits
Compressive Strength Stabilized Sand
Vehicle Charge
Q uantily Unit Fee Unit Am_ aunt
800
38.00
hr
$30,400.00
9
140.00
ea
1,260.00
9
42.00
ea
378.00
44
48.00
ea
2,112.00
75
38.00
day
2,850.00
Subtotal $37,000.00
Concrete Testing
Mix Design Review
Concrete Technician
Cylinder Tests
Sample Pick -up
Vehicle Charge
Pro 'e._� ct Management
Project Engineer
2
115.00
ea
$230.00
300
38.00
hr
11,400.00
120
13.00
ea
1,560.00
75
32.00
hr
2,400.00
80
38.00
day
3,040.00
10
Subtotal
ea
$18,630.00
50
82.00
h
$4,100.00
50
Subtotal
day
$4,100.00
Asphalt Testin
Asphalt Technician
Extraction/Gradation
Specific Gravity
Stability
Bulk Density
Molding Specimens
Thickness Cores
Vehicle Charge
Q uantity Unit t Fee Unit qm ount
200
38.00
hr
$7,600.00
10
120.00
ea
1,200.00
10
40.00
ea
400.00
10
40.00
ea
400.00
10
20.00
ea
200.00
10
40.00
ea
400.00
10
105.00
ea
1,050.00
50
38.00
day
11900.00
Subtotal
$13150.00
EXHIBIT " A "
Pa e304
Base Testin
Soil Technician
200
38.00
hr
$7,600.00
Sieve Analysis
10
60.00
ea
600.00
Moisture /Density Relations, ASTM D 1557
10
140.00
ea
1,400.00
Atterberg Limits
10
42.00
ea
420.00
Wet Ball Testing
5
150.00
ea
750.00
Triaxial Testing
5
150.00
ea
750.00
Subtotal
$11,520.00
Groundwater Testing
Base Line Testing
3
1,000.00
ea
$3,000.00
Additional Testing (if needed)
2
1,000.00
ea
2,000.00
Subtotal
$5,000.00
Total
589,400.00
EXHIBIT "A"
Page 4 of 4
Exhibit B
Mandatory Requirements
(Revised August, 2008)
INDEMNIFICATION AND HOLD HARMLESS
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.
EXHIBIT "B"
Page 1 of 1
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 supervision general- darectiaq --of a licensed rofessional
engineer and in -sUbstar +fiat-- riserdaese with the basic requirements of the
appropriate standards of the American Society for Testing and Materials, where applicable
wand -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 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 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 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 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
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 architects, design engineers, or any
other design agencies or authorities.
12 "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 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 6. 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
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, 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 " 7
Page 3 of 3
I nd4 f SUPPLIER NUMBER
�4 TO BE ASSIGNED BY -
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus
Christi DISCLOSURE OF INTEREST
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 `NA ". See reverse side for Filing Requirernents,
Certifications and definitions.
COMPANY NAME: Tolunay -Wong Engineers, Inc.
P. O. BOX:
STREET ADDRESS: 5233 IH 37, Suite B -7 CITY: Corpus Christi ZIP: 78408
FIRM IS: I. Corporation X 2. Partnership e 3. Sole Owner
El ❑
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessar 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 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
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
NIA
4. State the names of each employee or officer of a "consultant" for the City of ColTus 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
N/A
EXHIBIT "p"
Pagel 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 in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
a p parent. 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)�ity of Corpus Christi, Texas as changes occur.
Certifying Person: John
Title: Branch Manager
(Type or Print)
Signature of Certifying Date:
Person: ? - Z/" f 2. .._ _K
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 Iimited 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 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 Df Pa e 2 0