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Home My WebLink AboutC2017-400 - 8/14/2017 - 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: O.N. Stevens Water Treatment Plant Fluoride Feed System Improvements (Protect No. E152331 ("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 $10232.00. 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,contractors 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 OF CORPU C RISTI ROCK ENGINEERING &TESTING LABORATORY, INC. I ( I .‘tkida 7 [ RJ\ 013-04-17 neGra P.E. r rxaf / B s . Rock Date utive ve Dire.or of "uric • Business Development Manager 6817 Leopard Street Corpus Christi,Texas 78409 (361)883-4555 Office (361)883-4711 Fax APPROVED AS TO LEGAL FORM .1'' Aimee Alcorn-Reed .M "L/^. —�'kO" 2017.08.07 16;46;15 05'00' Assistant City Attorney Date Project Number E15233 Accounting Unit 4093-061 Account 550920 Activity E15233-01-4093-EXP Account Category 50920 Fund Name Water 2013 RVBD 2017-400 8/14/17 Rock Engineering& Testing INDEXED • GEOTECHNICAL weee*G } • CONSTRUCTION MATERIALSG T, • OY •�3 ENGINEERING&TESTING • SOILS•ASPHALT•CONCRETE Wednesday July 19,2017 City of Corpus Christi 1201 Leopard St Corpus Christi.TX 78401 SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E15233 ON Steven WTP Improvements Fluoride Corpus Christi,TX RETL Proposal Number.POT191TA Dear Mr Edmonds, Rock Engineenng and Testing Laboratory, Inc (RETL)(TBPE Finn No 2101)is pleased to provide an estimate to perform the required Construction Materials Testing for the above referenced project The Construction Materials Testing for the above referenced construction project Is based upon quantities as derived from the Information as provided to RETL as of the date of this proposal. 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 testing amount for this project is$10,232.00.This estimate will change and is dependent upon the actual scope of work performed as requested by project representatives. Requested services beyond what is contained in this estimate will be billed based on the unit rates contained here-In. Please make note that the actual fees Invoiced for this project will be based on the actual testing requested and performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobslte, elapsed time from technician arrival to commencement of testing activities,and any stand-by time the technician Is required to be on-site but not performing testing activities. This estimate does not take into account project schedule, weather delays, and cancellations of services after arrival,etc.which are beyond RETL's control.Also note,that holiday/weekend rates do apply as well as overtime rates for services requested at an additional rate of$33.00 per hour. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 41 hours In advance in order to defer any potential delays.RETL strives to accommodate all testing requests as they are received and can make accommodations with advanced notice to schedules. RETL appreraates 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 Selwces Agreement, submit the Distribution List and provide billing information Please do not hesitate to contact me al(361)083-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further Sincerely - —7 I 1 Pablo Schmitt Project Estimator ROCK ENGINEERING a TESTING LABORATORY,INC. Exhibit A 6811 LEOPARD STREET•CORPUS CHRISTI TEXAS 78409 Page 1 of 5 OFFICE (361)8834555•FAX (361)8834711•www rocklestng con) P071917A r•� ••;� E15233 ON Stevens WTP Facilities Feed Optimization •, ' r° City of Corpus Christi ' COt% Corpus Christi,TX 07" Jeffrey Edmonds, P.E. 01. LABORATORY LIFTS/MIN/ SUBQTY QTY RATE AMOUNT INCHES P.PERSONNEL ADMIN FEE L5•Lump Sum I"'9 ADMINISTRATION FEE(I lime per project) $ $ 01.LABORATORY SUBTOTAL $79.00 • Wednesday.July 19,2017 Exhibit A Page 2 of 5 P071917A N 1 • °° E15233 ON Stevens WTP Facilities Feed Optimization • roc �V''''' , City of Corpus Christi °44 Corpus Christi,TX °` ' Jeffrey Edmonds, P.E. 02.CIVIL-SOILS LIFTS/MIN/ SUBQTY QTY RATE AMOUNT INCHES Ai.SOILS-SUBGRADE STREET SUBGRADE SEE PLANS FOR TESTING FREQUENCIES $190 MATERIALS SAMPLING CHARGE I 1 I eo $6000 $60.00 5510 PROCTOR STANDARD ASTM D698 I I I ea .226.00 $226.00 5600.1 NUCLEAR FIELD DENSITY Min 3{ASTM 069381 I I 3 ea $47.00 $14100 v486 VEHICLE I 2 2 trip $48 00 $96.00 A3.SOILS-FLEX BASE ASPHALT STREET SASE SEE PLANS FOR TESTING FREQUENCIES $190 MATER ALS SAMPUNGCHARGE I I ea $60.00 $6000 $502 ATIERBERG LIMITS/FLASTICITY INDEX Iwilh Aggregate:ASTM_43'•8 I 1 ea $99.00 $99.00 5504 GRADATION ISiev,Anolysis1 I I I ea $99.00 $99.00 5522 PROCTOR MOD FLED ASTM DI 557 I 1 ea .266.00 $26600 $546 WET BALL MILL 1 ea .338.00 133800 5548 LA ABRASION IASTM CI31I I I I ea .338 00 $338 00 5600-1 NUCLEAR FIELD DENSITY Min 3(ASTM 069381 1 3 ea $47.00 $141.00 5606 TRIAXIAL I ea .781.00 $781,00 S6I0 CALIFORNIA BEARING RATIO(ASTM 018831 I . I ea 515.00 $515.00 V486 VER.:LE . 2 hip $48.00 $9600 A5.SOILS•BACKFILL TRENCH BACKFILL SEE PLANS FOR TESTING FREQUENCIES $190 MATERIALS SAMPLING CHARGE I I I ea $60.00 $60.00 5510 PROCTOR STANDARD ASTM 0698 I I 1 ea .22600 $226.00 $600-I NUCLEAR FIELD DENSITY Min 3 IASIM D69381 I 3 3 ea $47.00 $141.00 V486 VEHICLE I 2 2 hip $4800 $9600 B.ASPHALT FULL SERIES SEE PLANS FOR TESTING FREQUENCIES A105 ASPHALT FULL SERIES I ' 1 eo .667.00 $667.00 $191 SAMPLE PREPARATION CHARGE I 1 ea $72.00 $7200 5200 ROLLING PATTERN I I Iv $74.00 $74 00 V486 VEHICLE I I trip $4800 148.00 02.CIVIL-SOILS SUBTOTAL $4,640.00 Wednesday July 19.2017 Exhibit A Page 3 of 5 • P071917A • . E15233 ON Stevens WTP Facilities Feed Optimization OC �f°, City of Corpus Christi Corpus Christi,TX Jeffrey Edmonds, P.E. 05.CONCRETE LIFTS/MIN/ SUBQTY QTY RATE AMOUNT INCHES C.CONCRETE 147,3'828 SEE PLANS FOR TESTING FREQUENCIES 001 I CONCRETE CYLINDERS(Min 41 S 20 ea $47.00 $940.00 S399 CUBES/CYLINDERS PICK UP FEE 5 5 pour$46.00 $230 00 V486 VEHICLE 10 10 trip $48.00 $48000 05.CONCRETE SUBTOTAL $1,650.00 06.PUMP PADS LIFTS/MIN/ SUBQTY QTY RATE AMOUNT INCHES C.CONCRETE 147.3428 P-1 set per days pour 0301 I CONCRETE CYUNDERS(Mm 4) 4 eo $47 00 $188.00 5399 CUBES/CYLINDERS PICK UP FEE i I pour$4600 $46.00 V486 VEHICLE 2 Trip $48 00 $96.00 06. PUMP PADS SUBTOTAL $330.00 07.CONTAINMENT WAIL LIFTS/MIN/ SUBQTY QTY RATE AMOUNT INCHES C.CONCRETE 137,3428 P-1 set per days pour CY 4 C301 I CONCRETE CYLINDERS)Min 4) 4 1 4 eo $47.00 $188.00 S399 CUBES/CYLINDERS PICK UP FEE I I pour$46.00 $46.00 V486 VEHICLE 2 trip $48.00 $96.00 07.CONTAINMENT WALL SUBTOTAL 5330.00 08. NEW CONCRETE INFLL LIFTS/MIN/ SUBQTY QTY RATE AMOUNT INCHES C.CONCRETE 107,3028 P-1 set per Boys pour CY 3 C301 CONCRETE CYLINDERS FMin 4) 4 ► 4 ea $47.00 $188.00 $399 CUBES/CYLINDERS PICK UP FEE I I I pour$46.00 $46.00 v486 VEHICLE I 2 2 Irip $48.00 $9600 0B.NEW CONCRETE INFLL SUBTOTAL $330.00 • Wednesday.Duty 19.2017 Exhibit A Page 4 of 5 • P071917A �•., E15233 ON Stevens WTP Facilities Feed Optimization �° City of Corpus Christi '�.,OC i' Corpus Christi,TX Jeffrey Edmonds, P.E. 09.INJECTION VAULT LIFTS/MIN/ SU8QTY QTY RATE AMOUNT INCHES A2.SOILS-SELECT FILL SELECT FILL SEE PLANS FOR TESTING FREQUENCIES SF 132 5190 MATERIALS SAMPLING CHARGE I 1 ea $6000 $60.00 S3I0 ATTERBERG LIMITS/PLASTICITY INDEX ASTM 04318 I I eo $63 00 $63.00 5510 PROCTOR STANDARD ASIM D698 I ea .22600 5226 00 S599 FINER THAN 5200 MESH(Decantal'on)ASTM 117 I 1 ea $6800 $68.00 S600.1 NUCLEAR FIELD DENSITY Min 3(ASTM D6938) 2 3 6 ea $4700 $282.00 V486 VEHICLE t 2 hip $4800 $96.00 A3.SOILS•FLEX BASE 6"CRUSHED UMESTONE ITEM 247 TYPE A GR 1 98%ASTM D1557±1.5%OMC P•1 seI per days pour SF 132 S190 MAIERIALS SAMPLING CHARGE I I I ca $6000 $60.00 5502 A1IEPBERG LIMITS/PLASTIC('Y INDEX(with Apcpepoie)ASTM 1:4!!= I I I eo $99.00 $99.00 S504 GRADATION(Sieve Anolysr) I I eo $88.00 $88.00 5522 PROCTOR MODIFIED ASTM D1557 I I no .266.00 $26600 S546 WET BALL MILL I I eo 338 00 $338.00 5600.1 NUCLEAR FIELD DENSITY 3(ASTM 069381 ! 3 ea $47.00 3141.00 v486 VEHICLE i 21rip $48.00 $96.00 C.CONCRETE 107,3428 SEE PLANS FOR TESTING FREQUENCIES P.1 set per days pour CY 42 C301 1 CONCRETE CYLINDERS(Min 4) 4 12 ea $47.00 $564.00 5399 CUBES/CYLINDERS PICK UP FEE I 1 3 pow$4600 $138.00 V486 VEHICLE I 6 61np $48.00 $288.00 09.INJECTION VAULT SUBTOTAL $2,873.00 GRAND TOTAL $10,232.00 Wednesday.July 19 2017 Exhibit A Page 5 of 5 • • • EXHIBIT B Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence- aggregate applicable policy 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) 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, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. Consultant is required to provide City with renewal Certificates. 8.5 - Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant 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 Testing Agreement TMC Page 4 Rev. 04/07/2017 EXHIBIT B • EXHIBIT B 8.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 8.6.1 List the City and its officers, officials, employees 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; 8.6.2 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; 8.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shah have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 8.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 8.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.11 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. Testing Agreement T&C Page 5 Rev. 04/07/2017 EXHIBIT B • EXHIBIT B 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 http://www.cctexas.com/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. Testing Agreement T&C Page 6 Rev. 04/07/2017 EXHIBIT B Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees Contract Amd No. 1 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Amd No. 2 Total Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Balance Percent Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "C' Page 1 of