HomeMy WebLinkAboutC2016-467 - 9/21/2016 - NA AGREEMENT
for
Construction Materials Testing Services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation
('CITY"), acting through its duly authorized City Manager or designee ("City Engineer'), and 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 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 $4,360.00. 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.
f 1 �- -.•C ` ..INEERING&TESTING LAB•RATORY i . . LgAidi . 4 Air
LI
arerie H. Gra , P. E. Val 114%1 ate `urtis •it k (Da e)
:: ecutive Dire tor of •Val
'orks Business Development Manager
6817 Leopard Street
Corpus Christi, TX 78409
(361)883-4555 Office
(361)883-4711 Fax
APPROVED AS TO LEGAL FORM
Project Number E15149
OL"' °a&ll'A
Aimee Alcorn-ReedAccounting Unit 5115-40300-191
2016.09.21 09:37:16 05'00' Account 550030
Legal Department (Date) Activity El 5149 01 5115 EXP
Account Category 50030,
Fund Name Facility and Property Management
2016-467
9/21/16
Rev 12/15:•5
Rock Engineering & Testing
INDEXED
•
`4.a a T •GEOTECHNICAL ENGINEERING
� �"� •CONSTRUCTION MATERIALS ENGINEERING TESTING
AG`i Aa,' •SOILS • ASPHALT • CONCRETE
84 ¢
A
41.0 04'
Friday,September 16,2016
City of Corpus Christi
1201 Leopard St
Corpus Christi, TX 78401
Attn Jeffrey Edmonds, P.E.
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
Police and Municipal Courts Parking Improvements
Corpus Christi, TX
RETL Proposal Number: P091616A
Dear Jeffrey Edmonds,P.E.
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No.2101) is pleased to be selected to
perform 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 $4,360.00
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 is based on a review of the information provided to
RETL.An estimated breakdown of field and laboratory testing required is included as an attachment.
Please make note that the actual fees invoiced for this project will be based on the actual testing
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
$31.00
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 415 if you have any questions regarding the proposal or would like to discuss further.
Sincerely,
Pablo Schmitt
Estimator
Rock Engineering and Testing
ROCK ENGINEERING TESTING LABORATORY.INC.
6,117 LEOPARD STREET•CORPLis CHRISTI TEXAS,18409
OFFICE I35I i 883-4555•FAY (3M)883-4?1 i •v v roc:ktesfing.co n
Friday,September 16,2016 Page 1 of 3
EXHIBIT "A"
Page 1 of 3
•
P091616A
uo"044' a Police and Municipal Courts Parking Improvements
,1111 M�
•
C4� City of Corpus Christi
Corpus Christi, TX
Jeffrey Edmonds, P.E.
01. LABORATORY LIFTS/MIN QTYFREQ QTY RATE AMOUNT
Al.SUBGRADE
Subgrade under Exit and Entry Gates
L-per location
S190 MATERIALS SAMPLING CHARGE i 1 ea $57.00 $57.00
S486 VEHICLE I I trip $45.00 $45.00
S5I0 PROCTOR-STANDARD ASTM D698 2 2 ea $215.00 $430.00
G. PERSONNEL
Admin Fee
LS-Lump Sum
P 119 ADMINISTRATION FEE(1 time per project) I I 1 Is $75.00 $75.00
01. LABORATORY SUBTOTAL $607.00
02.EXIT AND ENTRY GATES LIFTS/MIN QTYFREQ QTY RATE AMOUNT
Al.SUBGRADE
Existing Subgrade
95%ASTM D698
L-per location
SF 1056
S486 VEHICLE 1 2 2 trip $45.00 $90.00
S600 IN-PLACE DENSITIES(Min 3) 1 6 6 ea $44.00 $264.00
Cl.CONCRETE
141,3428
4000 PSI
EA-1 each Slab
CY 1056
5301 CONCRETE CYLINDERS(Min 4) 4 2 8 ea $44.00 $352.00
S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $43.00 $43.00
S486 VEHICLE 1 3 3 trip $45.00 $135.00
E.OBSERVATIONS
Rebar Inspection
HR-per hour
SF 1056
5486 VEHICLE ] 2 2 trip $45.00 $90.00
5501 OBSERVATIONS(Pier,Rebar,Structural Steel,etc) I 2 2 hr $86.00 $172.00
02. EXIT AND ENTRY GATES SUBTOTAL $1,146.00
Friday,September 16,2016 Page 2
EXHIBIT "A"
Page 2 of 3
•
P091616A
o4` ,J.4.41, Police and Municipal Courts Parking Improvements
4,4,4 ,00.
City of Corpus Christi
°.o. "O Corpus Christi, TX
Jeffrey Edmonds, P.E.
03.ALUMINUM PICKET FENCE LIFTS/MIN QTYFREQ QTY RATE AMOUNT
C 1. CONCRETE
1 @7,3@28
Unknown
P-1 set per days pour
LF 581
S301 CONCRETE CYLINDERS(Min 4) 10 40 ea $44.00 $1.760.00
S399 CONCRETE CYLINDERS PICK UP FEE i 1 I pour $43.00 $43.00
S486 VEHICLE 1 I II trip $45.00 $495.00
03.ALUMINUM PICKET FENCE SUBTOTAL $2,298.00
04.CURB RAMPS AND SIDEWALK LIFTS/MIN QTYFREQ QTY RATE AMOUNT
Cl. CONCRETE
1@7,34.28
3000 PSI
S301 CONCRETE CYLINDERS(Min 4) ? 1 4 ea $44.00 $176.00
S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $43.00 $43.00
S486 VEHICLE 2 2 trip $45.00 $90.00
04.CURB RAMPS AND SIDEWALK SUBTOTAL $309.00
GRAND TOTAL $4,360.00
FIREPROOFING, FLOOR FLATNESS/LEVELNESS, INSULATION/STRIPPING, NAIL PATTERN/NAIL OFF and other
special inspections such PAD/FOUNDATION CERTIFICATION are not included in this proposal.Please
contact us for a quote for these items if needed.
Friday,September 16,2016 Page 3 of 3
EXHIBIT "A"
Page 3 of 3
•
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.
Exhibit B
Testing Agreement T&C
Page 1 Rev. 09/29/15
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
exercises control ("Indemnitee") from and against any and all claims, damages,
Exhibit B
Testing Agreement T&C
Page 2 Rev. 09/29/15
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) a copy of the Certificate(s) 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
Testing Agreement T&C
Page 3 Rev. 09/29/15
•
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) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) (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.
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 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:
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 professional liability/Errors &Omissions policy;
Exhibit B
Testing Agreement T&C
Page 4 Rev. 09/29/15
(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; and
(c) 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.
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.
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.eth ics.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 http://www.cctexas.com/qovernment/city-secretary/conflict-disclosure/index.
Exhibit B
Testing Agreement T&C
Page 5 Rev. 09/29/15
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
Testing Agreement T&C
Page 6 Rev. 09/29/15
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
Reporting
Co & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
PROJECT NAME
Project No. EXXXXX
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$0
$0
$0
$0
$0
$0
$0
0%
0
0
0
0
$0
0
0
0%
0
0
0
0
0
0
0
0%
0
0
0
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0
0
0
0
0
0
0
$0
$0
$0
$0
$0
$0
$0
0%
$0
$0
$0
$0
$0
$0
$0
0%
0
0
0
0
0
0
0
0%
0
0
0
0
0
0
0
0%
0
0
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0
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0
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0
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TBD
TBD
TBD
TBD
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0
0%
TBD
TBD
TBD
TBD
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TBD
TBD
0%
$0
$0
$0
$0
$0
$0
$0
0%
$0
$0
$0
$0
$0
$0
$0
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0
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$0
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