HomeMy WebLinkAboutC2016-028 - 1/19/2016 - NA AGREEMENT
for
Environmental 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 ASTEX ENVIRONMENTAL
SERVICES, a Texas corporation, ("LAB"), acting through its duly authorized representative who is Jeff Zunker, President,
which agree as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described
as follows: Community Park Development And Improvements - Hector P. Garcia Park / Salinas Park (Project No.
E14004)("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 $2,185.00. Monthly invoices will be submitted in
accordance with Exhibit"C".
4. 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.
5. 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 Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are
not specific to this Project.
CITY •F CORPUS CH'ISTI - `� ASTEX ENVIRONMENTAL SERVICES
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Val• - H. Gray, ., (Date) /` Jeff Zunker 41747
.4101,/, (Date)
Exe tive Director of - blic Works yvp President
139 Braniff Drive
San Antonio, Texas 78216
RECOM DED (210) 828-9800 Office
411
(210) 829-4927 Fax
7 astex@astexinc.com
Operati ►yep.' ment (D.te)
APPROVED AS TO LEGAL FORM
Assistant City Attorney (Date)
APPR ED Project Number E14004
Vfh 1tl / l 1 Accounting Unit 3293-141
A.} Il ` ` Account 550920 y,:8
/ Activity E14004013293 EXP
2016-028 Account Category 50920
1/19/16 Fund Name Park and Rec Bond 2012
ASTEX Environmental a-CPDI•HP GARCIA SALINAS PARKSIASTEX ENVIRONMENTAL SERVICESH TESTING AGREEMENT.DOC
Rev.09/30!15
INDEXED
Astex Environmental Services
139 Braniff Drive • San Antonio,TX 78216
IN Phone: (210)828-9800 • Fax: (210) 829-4927
AsTrx astex(wastexinc.conl www.astexinc.com
a:wtlu)NJu'N1'M.4a:ttvu•r:s
October 13,20I5
Delivered via e-mail: JoshuaW(yucctexas.com
Joshua T.Wentworth
Park Operations Superintendent
361-826-3483
Re: Phase I Environmental Site Assessment
CI)/1C Project
Manual Q. Salinas }'o„lh Sports Complex
9111;Airport Road
Corpus Christi, Texas 78415
Mr. Wentworth,
Please accept the following proposal to conduct a Phase I Environmental Site Assessment at the aforementioned
property. Astex subscribes to and practices under the current ASTM Standard, E 1527-13, "Standard Practice for
Environmental Site Assessments" and the work includes but is not limited to: physical site visit and inspection of
all accessible areas of the buildings and grounds; historical use search and review; local agency interviews for
compliance and violations; Local, State and Federal agency database searches for PSI, LPST, RCRA, CERCLA,
ERNS, SHWS, MWR, NPL etc.; available historical aerial photography review; neighborhood reviews; required
ASTM interviews and document review with the Texas Commission for Environmental Quality (TCEQ). A
vapor encroachment screening will be performed in accordance with ASTM Standard, E2600-10"Standard Guide
for Vapor Encroachment Screening on Property Involved in Real Estate Transactions.
The fee for these services shall be S 2,185.00. This price includes all applicable administrative costs and one
downloadable digital copy.(Hard copies 575.00 each +shipping,Cl)copies S12.50+shipping).
We are prepared to begin within 48 hours flow a"notice to proceed"and can generally have your written report to
you within twenty-one (21) working days of inspection. If you have questions regarding this proposal please do
not hesitate to call us at(210) 828-9800. If you arc in agreement, please indicate so in the space provided below
and return via lax: (210)829-4927 or email:astexo?astexinc.com.
Sincerely,
)-11
Elizabb h Combs
Astex Environmental Services
By Signing/Understand The II'brk 11'!1!Be Done:Is Specified,tburc
PRINT NAME: COMPANY NAME:
SIGNATURE: DATE:
EXHIBIT"A"
Page 1 of 1
• 4 .
EXHIBIT B
TERMS AND CONDITIONS TO TESTING 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 designee 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 designee 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 designee has authority to transmit instructions, receive information and data and/or
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.
Terms and Conditions ExhibitB
Page 1 of 6
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 that 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 that, 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 its 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. INDEMNIFICATION
Lab shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, or other entity, excluding the engineer or
architect or that person's agent, employee or subconsultant, over which the City
Terms and Conditions Exhibit3
Page 2of6
exercises control ("Indemnitee") from and against any and all claims, damages,
liabilities or costs, including reasonable attorney fees and court costs,to the extent
that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier
committed by Lab or its agent, Lab under contract or another entity over which Lab
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 or its employees, to the extent of such
negligence.
Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from
and against any and all claims, damages, liabilities or costs, including reasonable
attorney fees and court costs, if the claim is not based wholly or partly on the
negligence of, fault of or breach of contract by Indemnitee. If a claim is based
wholly or partly on the negligence of, fault of or breach of contract by Indemnitee,
the Lab shall reimburse the City's reasonable attorney's fees In proportion to the
Lab's liability.
Lab must advise City in writing within 24 hours of any claim or demand against City
or Lab known to Lab related to or arising out of Lab's activities under this
Agreement.
•
ARTICLE 7. INVOICES AND PAYMENT
7.1 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.
7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in
its annual budget.
ARTICLE 8. INSURANCE REQUIREMENTS
8.1 Lab must not commence work under this agreement until all required insurance has been obtained
and such insurance has been approved by the City. Lab must not allow any subcontractor to
commence work until all similar insurance required of any subcontractor has been obtained.
8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or
amendment) 2 copies of Certificates of Insurance (COI) 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 COI. Project name and or number must be listed in
Description Box of COI.
Exhibit B
'terms and Conditions Page 3 of 6
•
•
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, required Bodily Injury and Property Damage
on all certificates or by applicable policy Per occurrence- aggregate
endorsements
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 must be outside policy limits)
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'COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
8.3 In the event of accidents of any kind related to this agreement,Lab must furnish the City with copies
of all reports of any accidents within 10 days of the accident.
8.4 Applicable for paid employees, Lab 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 Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled
in the State of Texas.
8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates.
8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the
address provided below within 10 days of the requested change. Lab shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following
address:
Exhibit B
Terms and Conditions Page 4 of 6
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
8.7 Lab agrees that with respect to the above required insurance, all Insurance policies are to
contain or be endorsed to contain the following required provisions:
(a) List the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement,as respects operations,completed operation and activities
of,or on behalf of,the named insured performed under contract with the City,with the exception
of the workers'compensation policy and professional liability/Errors&Omissions policy;
(b) 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;
(c) Workers'compensation and employers' liability policies will provide a waiver of subrogation in
favor of the City; and
(d) Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage,and not less than ten(10)calendar
days advance written notice for nonpayment of premium.
8.8 Within five(5)calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall
provide a replacement Certificate of Insurance and applicable endorsements to City.City shall have
the option to suspend Lab'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.
8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder,and/or withhold any payment(s)if any,
which become due to Lab hereunder until Lab demonstrates compliance with the requirements-
hereof.
equirementshereof.
8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be
held responsible for payments of damages to persons or property resulting from Lab's or its
subcontractor's performance of the work covered under this agreement.
8.11 It is agreed that Lab'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 agreement.
8.12 It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this agreement.
ARTICLE 9. TERMINATION OF AGREEMENT
The City may,at any time,with or without cause,terminate this Agreement upon seven days written notice
to Lab at the address of record. Lab will be compensated for services performed up to termination.
ARTICLE 10. CONTROLLING LAW
This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue
for legal proceedings lie exclusively in Nueces County, Texas.
Exhibit B
Terms and Conditions Page 5 of 6
ARTICLE 11. DISCLOSURE OF INTERESTS
11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure
of Interests form as part of this Agreement, if required.
11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form
1295 Certificate of Interested Parties as part of this Agreement, if required. For more information,
please review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us.
11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ
with the City of Corpus Christi City Secretary's Office, if required. For more information and to
determine if you need to file a Form CIQ, please review the information on the City Secretary's
website at ittp://www.cctexas.corn/government/city-secretary/conflict-disclosure/index.
ARTICLE 12. CLAIMS
12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized
representative. The responsibility to substantiate a claim rests with the party making the claim.
12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
ARTICLE 13. EXTENT OF AGREEMENT
13.1 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 representatives of City and Lab. If any conflict occurs between these Terms and
Conditions and any other part of this Agreement, these Terms and Conditions are controlling.
13.2 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.
13.3 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.
ARTICLE 14. 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 B
Terms and Conditions Page 6 of 6
PROJECT NAME
Project No. EXXXXX
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 $0 $0 $0 $0 $0 $0 $0 0%
Design Phase 0 0 0 0 $0 0 0 0%
Bid Phase 0 0 0 0 0 0 0 0%
Report Phase 0 0 0 0 0 0 0 0%
Construction Phase 0 0 0 0 0 0 0 0%
Subtotal Basic Services $0 $0 $0 $0 $0 $0 $0 0%
Additional Services:
Permitting $0 $0 $0 $0 $0 $0 $0 0%
Warranty Phase 0 0 0 0 0 0 0 0%
Inspection 0 0 0 0 0 0 0 0%
Platting Survey 0 0 0 0 0 0 0 0%
Reporting 0 0 0 0 0 0 0 0%
Cr& M Manuals TBD TBD TBD TBD TBD TBD 0 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $0 $0 $0 $0 $0 $0 $0 0%
Summary of Fees
Basic Services Fees $0 $0 $0 $0 $0 $0 $0 0%
Additional Services Fees' 0 0 0 0 0 0 0 0%
Total of Fees $0 $0 $0 $0 $0 $0 $0 0%
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