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HomeMy WebLinkAboutC2015-266 - 9/14/2015 - NA 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 & 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: Police and Municipal Court Parking Lot Improvements (Project No. E15149) ("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"B". 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 $5,000.00 (Five Thousand Dollars and Zero Cents). 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"C". 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 Engineer without the express terms written consent of the Director of Capital Programs. However, the Engineer may use standard details that are riot s ecific to this project. Cl 0 CO i -TI l C RO NGINEERING TESTING LABORATORY II I ._• • Lodi / ‘ %- - 15 Val- 1 H. Gray, 7 ., (Date) Curtis . Rock (Date) Executive Director of Public Works Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 RECOMMEND (361) 883-4555 Office (361) 883-4711 Fax Operating Department (Date) APPROVED AS TO LE AL FORM z,`.eg g=- 21--/Y A istant City Attorney / (Date) APP VE / Project Number E15149 Yom-' D Accounting Unit 9010-11717-151 l i i Account 550030 2015-266 4e) Activity E15149 01 9010 EXI3A 9/14/15 Account Category 50030 Fund Name CCCCD Police Law Enforcement Encumbrance No. Rock Engineering& Testing 3 POLICE AND MUNICIPAL COURT PARKING LOT IMPS\TESTING AGREEMENT ROCK ENGINEERING.DOC INDEXED I ' 'II - • �`�'c, * r +�� Fsr • GEOTECHNICAL ENGINEERING �'I'r,. • CONSTRUCTION MATERIALS <�o O C Q�o ENGINEERING&TESTING P • SOILS•ASPHALT•CONCRETE 94r04) c'pQ- August 24, 2015 City of Corpus Christi Department of Capital Programs 1201 Leopard Street Corpus Christi,Texas 78401 Attention: Mr. Shane Tomo, P.E. SUBJECT: PROPOSAL TO PERFORM A SUBSURFACE INVESTIGATION AND LABORATORY TESTING PROGRAM AND PROVIDE FOUNDATION AND PAVEMENT RECOMMENDATIONS FOR THE PROPOSED POLICE AND MUNICIPAL PARKING LOT IMPROVEMENTS Chaparral Street and John Sartain Street Corpus Christi,Texas RETL Proposal Number: P043015A (Revision 3) Dear Mr. Torno, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to submit the following proposal to perform a subsurface investigation and laboratory testing program and provide foundation and pavement recommendations for the proposed Police and Municipal Parking Lot Improvements Project to be constructed near the intersection of Chaparral Street and John Sartain Street located in Corpus Christi, Texas. Based on information provided to RETL, the project will include the construction of new fencing at the existing City of Corpus Christi Police Department/Municipal Courts facility. The proposed fence will be of aluminum construction with a height of 6-feet. A portion of the proposed fence will be of CMU construction. Additionally, the existing pavement in the parking area at the site will be reconstructed. RETL understands that flexible asphaltic pavement is planned for the parking area. It should be noted that loads and other design details have not been provided. If this information is available, it should be forwarded to RETL so we might refine the scope of work. As directed by Govind Development, LLC, RETL will perform two borings to termination depths of 15- feet in the vicinity of the proposed fence and one boring to a termination depth of 5-feet in the parking area (Total Number of Borings: 3; Total Linear Feet of Drilling: 35 LF). The scope of work is outlined below. ROCK ENGINEERING&TESTING LABORATORY,INC. 6817 LEOPARD STREET •CORPUS CHRISTI,TEXAS 78409 OFFICE: (361)883-4555 • FAX: (361)883-4711 •www.rocktesting.com EXHIBIT"A" Page 1 of 4 Page 2 of 4 POLICE AND MUNICIPAL PARKING LOT IMPROVEMENTS August 24,2015 Chaparral Street and John Sartain Street;Corpus Christi,Texas Attn: Mr. Shane Torno,P.E. RETL Proposal No.: P043015A(Revision 3) Scope of the Proposed Subsurface Investigation • RETL requests that the boring locations are staked in the field prior to the field investigation or a site plan is provided to RETL showing the proposed structures in reference to existing predominate site features to aid RETL in locating the borings in the field. • Coordination with the Texas 811 System will be performed by RETL to identify underground utilities in the proximity of the boring locations. The borings will be relocated if necessary. • The client shall perform due diligence to assure RETL that the boring locations are accessible and clear of private utilities and obstructions, such as piping, fences, shrubs and trees. The borings will be relocated if necessary. • An experienced soil technician will log the borings in the field full-time during the drilling operations. • A truck mounted drilling rig will be utilized to access the boring locations. If an all-terrain vehicle is required, RETL should be notified to provide a revised scope of work and associated fee. • The borings will be sampled every 2.5-feet to a depth of 15-feet, the maximum termination depth of the borings. • Disturbed soil samples will be obtained employing split-barrel sampling procedures in general accordance with the procedures for "Penetration Test and Split-Barrel Sampling of Soils, (ASTM D1586)." • Undisturbed soil samples will be obtained using thin-wall tube sampling procedures in accordance with "Thin Walled Tube Sampling of Soils, (ASTM D1587)." • Shear strength of cohesive soils will be estimated using a hand penetrometer. • Standard penetration tests (SPT) will be recorded in granular soils. • The borings will be advanced to the depths specified above. • GPS coordinates, obtained in the field at the boring locations, will be recorded using a commercially available Garmin handheld GPS model Etrex Venture using NAD 83 map datum. • Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. • After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations and patched with cold mix. Scope of Laboratory Testing Program • Supplementary Visual Classification(ASTM D2487) • Water Content Tests (ASTM D2216) • Atterberg Limits Tests (ASTM D4318) • Unconfined Compressive Strength Tests (ASTM D2166) • Percent Material Finer Than The#200 Sieve Tests (ASTM D1140) All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report. ROCK ENGINEERING&TESTING LABORATORY,INC. 6817 LEOPARD STREET •CORPUS CHRISTI,TEXAS 78409 OFFICE: (361)883-4555 •FAX: (361)883-4711 •www.rocktesting.com EXHIBIT"A" Page 2 of 4 Page 3 of 4 POLICE AND MUNICIPAL PARKING LOT IMPROVEMENTS August 24,2015 Chaparral Street and John Sartain Street;Corpus Christi,Texas Attn: Mr. Shane Torno,P.E. RETL Proposal No.: P043015A(Revision 3) Projected Schedule After authorization, it is estimated that the drilling operations can be completed within 10 to 20 business days and the final report will be submitted within five weeks of the completed fieldwork. RETL will consult with the architects and engineers as field and laboratory test results become available by providing preliminary recommendations as required to assist in design. If adjustments to the proposed timeline are required to meet the existing project schedule, please contact RETL so that we can accommodate your needs. Geotechnical Engineering Report In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered and foundation and pavement recommendations. Fee and Limitations 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 total fee to perform the scope of work outlined above is $5,000.00. The Total Project Fee includes the field investigation, laboratory testing, foundation and pavement recommendations and report preparation. The following items will be added to the final invoice as required: 1. Additional drilling required due to subsurface conditions: $143.00 per linear foot. 2. Standby time: $275.00 per hour/per company. 3. Cores/patches: $335.00 each. Please note that the total fee provided above will be honored for 90 days after the date of this proposal. After 90 days, RETL should be contacted to reevaluate the fees and revise the proposal as needed. Services provided for any revisions after the submittal of the final report, approved by the client in a change order,will be invoiced at a rate of$180.00 per hour. The total fee to perform the scope of work does not include site assistance in the event the boring locations are inaccessible. Mechanical assistance required to access the boring locations will be assessed based on the subcontractors' hourly fee plus the mobilization fee. Services provided by RETL under this Agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. ROCK ENGINEERING&TESTING LABORATORY,INC. 6817 LEOPARD STREET •CORPUS CHRISTI,TEXAS 78409 OFFICE: (361)883-4555•FAX: (361)883-4711 •www.rocktesting.com EXHIBIT"A" Page 3 of 4 • Page 4 of 4 POLICE AND MUNICIPAL PARKING LOT IMPROVEMENTS August 24,2015 Chaparral Street and John Sartain Street;Corpus Christi,Texas Attn: Mr. Shane Torno,P.E. RETL Proposal No.: P043015A(Revision 3) The Client shall provide for RETL's right to enter the property owned by the Client and/or others and assure that the boring locations are clear of underground utilities and accessible to drilling equipment in order for RETL to fulfill the Scope of Services included hereunder. The Parties to this agreement agree that if any claim is made that RETL failed to comply with any term of this agreement or that it failed to perform its work and/or duties under this agreement properly, the client, upon proof that there was some failure to comply or some mistake in the performance of the work, shall not be entitled to recover any sum greater than the amount paid by the client to RETL for the service performed by RETL or$25,000.00 whichever is less. Either the Client or RETL may terminate this Agreement at any time with or without cause upon giving the other party 10-calendar days prior written notice. The Client shall within 10 calendar days of termination pay RETL for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. Closing If you are in agreement with our proposed scope of work, please authorize us to proceed by signing in the space below and returning one copy to us. Thank you for your consideration of our firm to assist you with this project. If you have any questions, or comments,please call at(361) 883-4555. Sincerely, ACCEPTED AND APPROVED 71-2-4.4/11. .:�./l4. Bye Print Brian Geiger, P.E. Geotechnical Engineer Date For payment of services, invoice to: Firm: Attn: Address: Title: City: State: Zip Code: Phone: Fax: E-mail address: **Payment is due upon receipt of the invoice. Please remit to the above address and reference your invoice number on payment. ROCK ENGINEERING&TESTING LABORATORY,INC. 6817 LEOPARD STREET•CORPUS CHRISTI,TEXAS 78409 OFFICE: (361)883-4555•FAX: (361)883-4711 •www.rocktesting.com EXHIBIT"A" Page 4 of 4 • 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"B" 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"B" Page 2 of 3 • 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"B" Page 3 of 3 Exhibit "C" Mandatory Requirements 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 "C" Page 1 of 1 • allSUPPLIER NUMBER TO BE ASSIGNED BY CITY a PURCHASING DIVISION CITY OF CORPUS CHRISTI Corpuuss City DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, recuires all persons or firms seeking to do business with the City to provide 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 7" 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 INVr‘inS Corn rn 155i o r1 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 1 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 Prior) Signature of Certifying -�- pc Date: Person: a-11-1 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.