HomeMy WebLinkAboutC2017-401 - 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. Chief Operating Officer which agree as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project,
described as follows: Maier Outran Assessment and Repair-Golllhar Culvert Outlet'(Protect No. E140391
(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 $1.031. 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 aye knowledge, based upon currently available information, the only
hazardous or tot materials, as defined by the laws and regulations of the Federal govemmert,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 deters that are not specific to this Project.
CITY OF CORP S HRISTIAGROCK ENGINEERING&TESTING
LABORATORY,INC.
k l) ... ' 'k `7YI//,7 (\ 07-28-17
crie H. G P.E. 10 (, ( Date7 \ u aiwkeRo Date
E.-• , - •... : .,;, - bli• W Chief Operating Officer
6817 Leopard Street
Corpus Christi,TX 78409
(351)8834555 Office
APPROVED AS TO LEGAL FORM
Aimee Alcorn-Peed Project No.MAAR
.nw L..N--"1 2017.07.3116LL13.osoo' Accounting Unit:4530-043
Assistant City Attorney Date Account 550920
Activity: E14039014530EXP
Account Category: 50920
Fund Name:Storm Water CIP 2015
2017-401 Encumbrance No.
8/14/17
FMCS 00Lu4•R ONFN11E➢MRSRC I.GAM 5_1315 TESTING MI®OM.000
IW 12/151/5
Rock Engineering& Testing
INDEXED
tp`• 4 >' • GEOTECHNICAL ENGINEERING
o09- s i • CONSTRUCTION MATERIALS
■/�_ ENGINEERING&TESTING
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Thursday,July 27,2017
City of Corpus Christi
1201 Leopard St
Corpus Christi,TX 78401
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
E14039 Gollihar Culvert Outfall Repair
Corpus Christi,TX
RETL Proposal Number: P071317A
Dear Mr. Edmonds,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm 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$1,031.00.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 jobsite, 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 hollday/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
48 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 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,
7
Pablo Schmitt
Project Estimator
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 2
P071317A
‘� 0 '44, E14039 Gollihar Culvert Outfall Repair
*G'OC 4° City of Corpus Christi
°44, ° Corpus Christi,TX
"� Jeffrey Edmonds, P.E.
01.LABORATORY LIFTS/MIN/ SUBQTY QTY RATE AMOUNT
INCHES
P.PERSONNEL
Admin Fee
LS-Lump Sum
P119 ADMINISTRATION FEE(I time per project) I i I Is $79.00 $79.00
01.LABORATORY SUBTOTAL $79.00
02.RIGID CONCRETE PAVEMENT LIFTS/MIN/ SUBQTY QTY RATE AMOUNT
INCHES
C.CONCRETE
107,3@28
SY-1 per 2500 SY
C301-1 CONCRETE CYLINDERS(Min 4) 4 1 4 ea $47.00 $188.00
C302-1 BEAM FLEXURAL TEST ASTM C293(each) 4 1 4 ea $61.00 $244.00
C404 AIR CONTENT 1 1 1 ea $16.00 $16.00
S399 CUBES/CYLINDERS PICK UP FEE 1 1 1 pour$46.00 $46.00
V486 VEHICLE 1 2 2 trip $48.00 $96.00
02.RIGID CONCRETE PAVEMENT SUBTOTAL $590.00
03.STRUCTURAL CONCRETE LIFTS/MIN/ SUBQTY QTY RATE AMOUNT
INCHES
C.CONCRETE
1@7,3@28
CY-1 set every 60 CY
C301-1 CONCRETE CYLINDERS(Min 4) 4 I 4 ea $47.00 $188.00
C404 AIR CONTENT 1 I 1 ea $16.00 $16.00
C406 TEMPERATURE 1 I 1 set $16.00 $16.00
5399 CUBES/CYLINDERS PICK UP FEE 1 I 1 pour$46.00 $46.00
V486 VEHICLE 1 2 2 trip $48.00 $96.00
03.STRUCTURAL CONCRETE SUBTOTAL $362.00
GRAND TOTAL $1,031.00
Thursday,July 13,2017 Page 1 of 1
EXHIBIT"A" I
Page 2 of 2
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.
[EXHIBIT"B"
Page 1 of 6
•
EXHIBIT B
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
EXHIBIT"B"
Page 2 of 6
•
EXHIBIT B
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 Consultant must not commence work under this agreement until all required insurance
has been obtained and such insurance has been approved by the City. Consultant must not
allow any subcontractor to commence work until all similar insurance required of any
subcontractor has been obtained.
8.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy 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.
IEXHIBIT"B" I
Page 3 of 6
EXHIBIT B
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. Bests 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
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:
EXHIBIT"B"
Page 4 of 6
EXHIBIT B
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 Consultants 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 shall 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.
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.
EXHIBIT"B"
Page 5 of 6
EXHIBIT B
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.
IEXHIBIT "B"
Page 6 of 6
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees:
Basic Services Fees
Additional Services Fees
Total of Fees
m
TI
N C• O
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COMPLETE PROJECT NAME
Project N¢. XXXX
Invoice No. 12345
Invoice Date 0110112017
Sample form for:
Payment Request
AE Contract
Revised 02/01/17
Total Current Previous Total Remaining Percent
Contract Amd No. 1 Amd No. 2 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
$2,000.00
$1,120.00
$1,627.00
$4,747.00
$8,000.00
$2,120.00
$2,877.00
$12,997.00
Invoice Invoice 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
Balance 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%
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).