HomeMy WebLinkAboutC2012-297 - 8/28/2012 - 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
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: Williams Drive Phase Nos. 7 and 2 — Phase 1 from Rodd Field to
Nile Drive (Project No. 6466) and Phase 2 from Nile Drive to Airline Road [Project No. 6467] (Bond
2008) ("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 $250,570.00
Two Hundred Fifty Thousand Five Hundred Seventy Dollars and Zero Cents). LAB must submit a
completed Summary Sheet with each monthly invoice in the form shown as Exhibit D. Prior to approving
any payment, the City must receive a correct invoice, a completed Summary Sheet, and all appropriate
supporting documentation.
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 ind regulations of the Federal government,
the state, and city which exist at the PROJECT SITE Ore s lows: None.
CITY OF CORPUS CHRISTI
02? /W64:: 7-
Oscar R. Martinez (Date)
Assistant City Manager
Public Works, Utilities & Transportation
APPROVED AS TO FORM
aniel Bile§, P.E. (Da te)
DirectoA of Engineerina Services
(Date)
S/02-
0
' G --7 try
of Management and Budget (Date)
ATTEST
`Zlt7 /,
Armando Chapa, City Secre ry (Da:
,
A I
2012-297 .....
8/28/12G
M2012 -160 MCKTAO
Toliunay -Wong Engineers Inc.
LUNY -WONG ENGINEERS, INC.
3t - i 2
(Date)
5233 I H AT Suite B -7
Corpus Christi, TX 78408
(361) 884 -5050 Office
(361) 884 -5052 Fax
gay
INDEXED
Tolunay-Wong
Engineers, Inc.
F%mp-- 3614"4--i0iO
NUTERIAL TES CCKT ESTIMATE PROPOSAL
Pro. powl NG P12-C17-3.
Cky ot: Chfisti
Dejmftam� affhomugmg Services
1 Lmpwd SIL, Suite 3w
em pars CkfstL T om: 7 mot
Anmam: &b Era a Bum . F-E
mefixm= Cbst K.qftnuta- thr w4nimm, Drke� phmv Nils- I & 2
Fvm RaddrwK - MrFm ftojot No 64", & &W
1 (CONCRETE OPTION)
Wi!! aret p&wed toy mbmit, tl& prolmall lbv pedbun3fiag cmnsam='bu llaweitk& wt aiilg aidag- dk
- Ulbi� pr."D'ad audi our undWstmidling off ffie
oll'wo& pi* t km
7 �M �
lualwiW14, wst and ii, qpl=fibmsanvkmv%CH1" ihditdlrtlk
aD
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qimpm-tipmpumtiian-.andisubinittulI
4—SM
As you mquested, we have provii&dl a cwt csxjn=c for this projet.. Estimated totd cost foram its
anticipated w= based on thur standard TWE f ti-c scilledutc- su hmt e d r pro w ia tric Cit () j -
Cotpus CkfistL Any additioad scmi=, not sTwvkrt an this pmposzd vviEl be billed in acce w kh�
t—he Smdwdl ree Sdcdtd#__
Sinc ere ly-
-WONG ENGENEERS,
INC
Endbrmce-.: Cost Eswnwe Pi
M-aft'..
CONSTRUCTION MATERIALS TESTING COST ESTIMATE PROPOSAL
Cost Estimate fur 'Wi1lf ams Drive, Phase. Nos. I & ?.
From Roddfeld - Airrme Pmjwt No. 6466 do 6467
(CON' CRETE OPTION)
IlrmmtWait of Services
.
Unk E'ee
Unit
Amount
SO&
( Y"i5�-
��l��Ui
p�.5/j
,7]7.�..
1yr
t1 *
salt Technician
3 - 5 'M'
39.60
1w
�g �M.°T.V.Il73 xSll✓Z
Mui�sM Reladous- ASTM D 09
19
140-00
em
E IIIY i
Aujzxberg 1..ihiits
1
42-00,
dam •
420-00,,
C a mlpyesdve &=gh S t bred sand
fttaulibnYQad111i)nt:
48.60
1M.00
00
900-00
VeWck Chw
5W
39.00
da °
19,60D.,04
8090,
tdiilit
2
4% {fl,
eat
& ix lye
.
!i I�t S�tyK�JS
@",c� i
.,,�
C idim
( Y"i5�-
��l��Ui
p�.5/j
,7]7.�..
1yr
t1 *
1'rs L�i�Eli'.11�' fl4als7} -
,�
)
11�i..LV+Da
A
e
�g �M.°T.V.Il73 xSll✓Z
Jlf[i 6
1�i3 t
Ul h* l QQQ
iki
E IIIY i
vaidir cmu t
E20)
3X16
dam •
fir
$4w4=il
F- 1 01,0 I am r
1[(30
am w
Eim
�p1of
Jlf[i 6
1�i3 t
Ul h* l QQQ
iki
E IIIY i
A►+stinttr'Taxffiniixii���z
]i(:1
fir
iSi])i3
fttaulibnYQad111i)nt:
2
1M.00
��.
140:x;
sbuail
2!
U, ,,
ant
8090,
tdiilit
2
4% {fl,
eat
8fl ?fl i
Bbik, Ubnsi ,
T
2WW)
e=
40,OVi
l lima lin ; inta�
2
4l( AW
wu
SYI;1
11)iic. %n
2!
ME00)
aa.
7j IffiG N
tiicllw ®tn
10
-ww
clh)&
--iffuA1u
Subarade Testin
Soil Technician
400
38.00 hr
$15,200.00
Steve Analysis
50
60.00 ea
3,000.00
Moisture/Density Relations, ASTM D 1557
10
140.00 ea
1,400.00
Anerberg Limits
10
42.00 ea
420.00
Subtotal
$20,020.00
Groundwater Testing
Base Line Testing 3 1,000.00 ca $3,000.00
Additional Testing (if needed) 2 -1,000.00 ea 2,000.00
Subtotal $5
Total $250,570.00
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 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, and 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 "C"
Page 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.
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 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 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
EXHIBIT "C"
page
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.
r mw �
7ge HIBIT "C"
3o f3
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Basic Services:
Investigations & Analysis
Report
Additional Services:
Testing & Inspection
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No, 2 Contract Invoiced Invoice Invoice ComDlete
$1,000
$0
$0
$1,000
$0
$1,000
$1,000
100%
2,000
1,000
0
3,000
1,000
500
1,500
50%
$3,000
$1,000
$0
$4,000
$750
$1,500
$2,500
63%
$2,000
$0
$0
$2,000
$500
$0
$500
25%
$2,000
$0
$0
$2,000
$500
$0
$500
25%
$3,000
$1,000
$0
$4,000
$750
$1,500
$2,500
63%
2,000
0
0
2,000
500
0
500
25%
$5,000
$1,000
$0
$6,000
$1,250
$1,500
$3;000
50%
CONTRACT FOR TESTING SERVICES AGREEMENTS
EXHIBIT "D"
Page 1 OF 1
Last Revision: June 2012
SUPPLIER NUMBER
TO BE ASSIGNED BY - CTrY --
PURCHASING DIVISION
4 o CITY OF CORPUS CHRISTI
us DISCLOSURE OF INTEREST
City of Carpus 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 apiplicable, answer with `NA ". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: Tolun -Wong Engineers, Inc.
P. O. BOX:
STREET ADDRESS: 5233 11137, Suite B -7 CITY: Corpus Christi ZIP: 78408
FIRM IS: 1. Corporation X 2. Partnership ❑ 3. Sole Owner [❑
E] 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 Job 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
NIA
3. State the naives 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
7 HIBIT "E" 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 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
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 t1i City of Corpus Christi, Texas as changes occur.
Certifying Person: John
Title: Branch Manager
(Type or Print)
Signature of Certifying Date: -7 _ V
Person:
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. "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 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'
Page 2