HomeMy WebLinkAboutC2015-102 - 7/21/2015 - Approved .
•
AGREEMENT
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 AND
TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized
representative who is Curtis A. Rock, Business Development Manager which agree as follows:
1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project,
described as follows: South Staples Street from Morgan Avenue to IH 37 BOND 2012 (Prosect No. E12096)
("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 $74,350.00 (Seventy Four Thousand
Three Hundred Fifty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit"D."
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.
6. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications),
record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used
again by the "LAB" without the express written consent of the Director of Capital Programs. However, the "LAB" may
use standard details that are not specific to this project.
CITY OF COFAUORISTI ROCK ENGINEERING AND TESTING
L RATORY, INC
ap, ' /z /ic a6"
J. . Edmonds, P.E. (Date) Curtis A. Rock (Date)
Director of Capital Programs Business Development Manager Ori •o' x,S
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6817 Leopard Street --V.............._...... u i titouLL,
Corpus Christi, TX 78409
RECOMMENDED (361) 883-4555 Office �� C00Nelt. 112A1
(361) 883-4711 Fax
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Operating Department U (Date) _ SECRETARY
Project No. E12096
APP XED Accounting Unit: 3549-051
Account: 550920
IIqv.") Activity: E12096013549EXP
O ce of Management at Account Category: 50920
Fund Name: Street CIP Bond 2012 ;�•�i
nn`i RIt`i"Pt Encumbrance No.
2015-102
7/21/15 INDEXED
Ord. 030563 RUTH STAPLES STREET FROM M9RGAN TO IH37 BOND ISSUE 2012\Construction Materials Testing ROCK\CONSTRUCTION
Rock Engineering& Testing Lab
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OVED AS TO LEGAL FORM
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City Secretary (Date)
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Thursday, June 11, 2015
City of Corpus Christi
1201 Leopard St
Corpus Christi,TX 78401
Attn Jeffrey Edmonds, PE
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
E12096 South Staples St. Morgan Ave.to IH 37
Corpus Christi,TX
RETL Proposal Number. P061015B
Dear Jeffrey Edmonds, PE
Rock Engineering and Testing Laboratory,Inc. (RETL) (TBPE Firm No.2101) is pleased to submit a proposal for
the Construction Materials Testing for the above referenced project.The Construction Materials Testing for
the proposed construction project is based upon quantities as derived from the Plans made available to
RETL as of the date of this proposal.
The estimated testing for this project is $74,350.00
This estimate will change and is dependent upon the actual scope of work performed as requested on the
project site and will be billed based on the testing requested and 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.
Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of
$32.00
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. Please do not hesitate to contact me at(361)883-4555
extension 15 if you have any questions regarding the proposal or would like to discuss further.
Sincerely.
Pablo Schmitt
Estimator
Rock Engineering and Testing
EXHIBIT"A"
Page 1 of 1
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EXHIBIT B
INSURANCE REQUIREMENTS & INDEMINIFICATION
CONSULTANT'S LIABILITY INSURANCE
A. Consultant must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs. two (2) copies of
Certificates of Insurance with applicable policy endorsements showing the following minimum coverage
by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an
additional insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be provided with
Certificate of Insurance. Project name and/or number must be listed in Description Box of
Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) $2,000,000 Aggregate
(Defense costs not included in face value
of the policy)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
WORKERS'S COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
EXHIBIT"B"
Page 1 of 3
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by
the Texas Department of Insurance. The workers' compensation coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be
promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of
Texas.
B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating
of no less than A-VII.
C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the
address provided below within 10 days of any change made by the Consultant or as requested by the
City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit
shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Consultant agrees that, with respect to the above required insurance, all insurance policies are
to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by
endorsement with regard to operations, completed operations, and activities of or on behalf of the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus
Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-
renewal, material change or termination in coverage and not less than ten (10) calendar days advance
written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of
coverage, Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant's performance should there be
a lapse in coverage at any time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain
any insurance or policy endorsements to the extent and within the time herein required, the City shall
have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which
become due to Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
EXHIBIT"B"
Page 2 of 3
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G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may
be held responsible for payments of damages to persons or property resulting from Consultant's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to
any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
INDEMNIFICATION
Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials,
officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against
any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs,
caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or
failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under
contract or another entity over which Consultant exercises control while in the exercise of rights or
performance of the duties under this agreement. This Indemnification does not apply to any liability
resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the
extent of such negligence.
Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City
Attorney.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
EXHIBIT"B"
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 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.
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; EXHIBIT"C"
Page 1 of 3
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(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
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.
EXHIBIT"C"
Page 2 of 3
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"
Page 3 of 3
COMPLETE PROJECT NAME
Project No. xxxxxx
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7%
Design Phase 20,818 0 0 20,818 1,000 500 1,500 7%
Bid Phase 0 0 0 0 0 0 0 n/a
Report Phase 14,166 0 0 14,166 0 0 0 0%
Construction Phase 0 0 0 0 0 0 0 n/a
Subtotal Basic Services $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5%
Additional Services:
Permitting $0 $0 $0 $0 $0 $0 $0 n/a
Warranty Phase 0 0 0 0 0 0 0 n/a
Inspection 9,011 0 0 9,011 0 0 0 0%
Platting Survey 29,090 0 0 29,090 0 0 0 0%
Reporting 1,294 0 0 1,294 0 0 0 0%
O & M Manuals TBD TBD TBD TBD TBD TBD 0 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $39,395 $0 $0 $39,395 $0 $0 $0 0%
Summary of Fees
Basic Services Fees $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5%
Additional Services Fees 39,395 0 0 39,395 0 0 0 0%
x Total of Fees $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% ..-
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rotiiSUPPLIER NUMBER
TO BE ASSIGNED BY CI FY
PURCHASING DIVISION
CITY OF CORPUS CHRISTI
corpuuss
City DISCLOSURE OF INTEREST
Chnsti
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City torovide the following information. Everyquestion 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 and Testing Laboratory,Inc.
P.O.BOX: N/A
STREET ADDRESS: 6817 Leopard Street CITY: Corpus Christi ZIP: 78409
FIRM IS: I. Corporation `A 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 Cityof 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)
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
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
lct+nr\ir‘S Com+ERl SSIOr\
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
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 the City of Corpus Christi,Texas as changes occur.
Certifying Person: Curtis A.Rock Title: Business Development Manager
(Type or Print)
Signature of Certifying czoY(� Date:
Person: a-l 1-1
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.