HomeMy WebLinkAboutC2015-153 - 3/2/2015 - NA •
AMENDMENT NO. 1 -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: Citywide Street Preventative Maintenance Program Year 2 (Project No. E14021) ("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 $32,845.00 (Thirty Two Thousand Eight
Hundred Forty Five Dollars and Zero Cents), for a restated total not to exceed fee of$105,944.00 (One Hundred Five
Thousand Nine Hundred Forty Four 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.
CI •F CORPU Aig RISTI ROCK ENGINEERING AND TESTING
LAB ATORY, INC.
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Gustavo Gonzales, ' c411F (Date) Curtis . ock (Date)
Assist-nt City Manager Business Development Manager
For Public Works and Utilities 6817 Leopard Street
Corpus Christi, TX 78409
(361) 883-4555 Office
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M =D I 2. 7 �5 (361) 883-4711 Fax
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1V: - ie H. Gray, P.E. (Date)
Int: im Executive Dire tor of Public Works
d'-' Z/V/0-Operating Dep me (D
2015-153
3/02/15
Rock Engineering and Testing INDEXED
ITYWIDE STREET PREVENTATIVE MAINT PROGRAM YEAR 2\Testing\AMD No 1 RooMAMD 1 CONSTRUCTION MATERIALS
APPROVED
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Office of Management Date Project No. E14021
and Budget Accounting Unit: 1041-12415-033
Account: 530215
AP OVED AS TO FORM Activity: E14021011041 EXP
Account Category: 30215
A Z 1440-15 Fund Name: Streets Fund
Encumbrance No.
gal Department (Date)
ATTEST
ity Secretary 4"ISAXA7(71
K:\Engineering DataExchange1ANGIEM\STREET\E14021 CITYWIDE STREET PREVENTATIVE MAINT PROGRAM YEAR 2\Testing\AMD No 1 Rock\AMD 1 CONSTRUCTION MATERIALS
TESTING.doc
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GEOTECHNICAL ENGINEERING
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4r0'9Y
December 12, 2014
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78401
Attention: Ms. Natasha Fudge, P.E. — Director of Engineering Services
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
2015 SPMP Year 2 Overlays
City Project No.: E14021
Corpus Christi, Texas
RETL Proposal Number: P120314A— Rev. 2
Dear Ms. Fudge,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) 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
$32,845.00.
We understand that we have been chosen to provide these services for this publicly
funded project. Therefore, by providing cost information we are not in violation of the
Texas Professional Services Procurement Act.
The estimated construction materials testing budget was determined by Coym, Rehmet &
Gutierrez Engineering, L.P. An estimated breakdown of the field work is included as an
attachment.
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,
Sandra Kirk
Construction Materials Testing Project Estimator
ROCK ENGINEERING&TESTING LABORATORY,INC. AMD. NO. 1
6817 LEOPARD STREET•CORPUS CHRISTI,TEXAS,78409 EXHIBIT "A"
OFFICE: (361)883-4555•FAX: (361)883-4711 •www.rocktesting.com Page 1 of 2
Date: December 12,2014
Project Name: 2015 SPMP Year 2 Overlays
City Project No.: E14021
RETL Proposal No.: P120314A-Rev. 2
Contact: Ms. Natasha Fudge, P.E.-Director of Engineering Services
Contact Information: City of Corpus Christi
Test Quantity Unit Fee Fee
CORES-INVESTIGATIVE ANALYSIS
Overlay Streets 155 Cores Total
Aphalt Street Cores-Delivery Order No. 1 37 $99.00 $3,663.00
Aphalt Street Cores-Delivery Order No. 2 33 $99.00 $3,267.00
Aphalt Street Cores-Delivery Order No. 3 31 $99.00 $3,069.00
Aphalt Street Cores-Delivery Order No.4 40 $99.00 $3,960.00
Aphalt Street Cores-Delivery Order No. 5 14 $99.00 $1,386.00
Traffic Control(Per Day) 5 $3,500.00 $17,500.00
(City of CC Permit requires Traffic Control Plan for all 2 Way Streets)
ESTIMATED TOTAL $32,845.00
AMD. NO. 1
EXHIBIT "A"
1 of 1 Page 2 of 2
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.
AMD. NO. 1
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.
2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to:
AMD. NO. 1
EXHIBIT"C"
Page 1 of 3
(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
compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of
AMD. NO. 1
EXHIBIT"C"
Page 2 of 3
"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.
AMD. NO. 1
EXHIBIT"C"
Page 3 of 3
Sample form for:
Payment Request
COMPLETE PROJECT NAME Revised 07/27/00
Project No. XXXX
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 $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
.
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SUPPLIER NUMBER
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City of
CITY OF CORPUS CHRISTI
C 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 appliicable, 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 Street CITY: Corpus Christi ZIP: 78409
FIRM IS: 1. Corporation 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 City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm.'
NagtfA 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
iti
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."
N.pme . Board,commission or Coglmittee
( ck S ROCA( t�taY\ Corin4 r, SS t oh
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
hype or Print)Signature of Certifying C-�.�JIJ� CZe•c-k
Date:P,ersoni
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.