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Ordinance No. 8,422981008 -7 ORDINANCE NO. 8422 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH GEOTEST ENGINEERING, INC., TO PROVIDE GEOTECHNICAL DATA FOR THE REPAIR AND REPLACEMENT OF CHANNEL MARKERS AT BAYLAND PARK MARINA; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWELVE THOUSAND SIX HUNDRED TWENTY -SEVEN AND 50 /100 DOLLARS ($12,627.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section I : That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor of the City of Baytown to execute and the City Clerk to attest to a contract with Geotest Engineering, Inc., to provide geotechnical data for the repair and replacement of channel markers at the Bayland Park Marina. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Geotest Engineering, Inc., of the sum of TWELVE THOUSAND SIX HUNDRED TWENTY -SEVEN AND 50 /100 DOLLARS ($12,627.50), pursuant to the contract. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the Mayor is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTEEN THOUSAND AND NO/ 100 DOLLARS ($15,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 8'h day of October, 1998. PETE C. ALFARO, Aayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ® CIUNACIO RAMIREZ, S ' y Attorney cAMyDocuments \Counci Weet ings \October\GeotcstContract8.doc y) rr- I 2-7D CE? u G E ®TEST - ENGINEERING, INC. -.._.- Geotechnicat Engineers & Materials Testing 5600 Bintliff Drive Houston, Texas 77036 Telephone: (713) 266 -0588 Fax: (713) 266 -2977 Proposal No. 1140128199 Revised September 14, 1998 Mr. Carl J. Contella, P.E. Assistant Director of Engineering City of Baytown 2401 Market Baytown, Texas 77522 -0424 Re: Proposal for Geotechnical Investigation Bayland Park Marina Boat Channel Markers Baytown, Texas Dear Mr. Contella: We are pleased to submit this revised proposal for a geotechnical investigation related to the above referenced project. The purpose of this revision is to reduce the scope of the project. We understand that the existing channel markers are leaning badly. It is not known whether this is the result of being hit or because of insufficient embedment. Purpose and Scope The purpose of this study is to investigate the subsurface conditions at selected locations and to develop geotechnical recommendations for the design of new channel markers. These recommendations will include lateral earth pressure curves which can be used by your structural engineer to calculate the required embedment once the pile size and anticipated loads are determined. The geotechnical study will consist of the following: I. Drilling and sampling three -40 -foot borings below the water surface for a total depth of 120 feet. We understand the borings initially will be located relative to existing features and will be more accurately located by others. 2. Performing laboratory tests on soil samples recovered from the borings. EXHIBIT A Mr. Carl J. Contella, P.E. Proposal No. 1140128199 Page 2 Revised September 14, 1998 3. Performing engineering analyses to develop geotechnical recommended criteria to be used to design the markers. 4. Prepare a Geoteclvlical Investigation Report including geotechnical parameters and recommendations. Project Schedule We should be able to start field work within two (2) weeks after receiving your written authorization. It is estimated that the field work can be completed in about three (3) days, barring bad weather.. The laboratory tests will be completed in about two (2) weeks. The preliminary design information can be provided to you as it becomes available. The final report, which will include field and laboratory data and design recommendations, will be submitted in about five to eight weeks after receiving your notice to proceed. Cost Based on the scope of work outlined above, the cost of the field investigation, laboratory testing and engineering analyses, including a Geotechnical Report will be a lump sum of $12,627.50. The details of cost breakdown are given in Attaclunent Nos. 1 through 5. 1 ` We appreciate the opportunity to present this proposal� Formal authorization is required. It may be provided by signing in the space below and returning a copy for our files. Should you have any questions, we will be pleased to discuss them with you. Very truly yours, GEOTEST ENGINEERING, INC. Hunter R. Moore,,I�Er — � Vice President HRM1vlg PC2%PROP I9\a0128199R. DOC Copies Submitted: (2) Enclosures: Attach ;rent Nos. 1 through 5 ACCEPTED BY: PRINTED NAME: TITLE: • DATE: • • ATTACHMENT NO. 1 PROPOSED BORPgG / PIEZONTETER PROGRAM PROJECT: Bayland Park Boat Channel Marker PROPOSAL NO. 1140128199 DataFile: pc6 - cost- \JAFFRI \40128199 TOTAL 3 0 0 120.0 NO. OF PIEZOMETERS IN EXISTING NEW ITEM NO. OF DEPTH FOOTAGE NO. ITEM /FACILITY DESCRIPTION BORINGS BORING BORING (feet) (feet) 1 1 Channel Marker 3 40.0 400.0 DataFile: pc6 - cost- \JAFFRI \40128199 TOTAL 3 0 0 120.0 ATTACHMENT NO. 2 0 SUMI1-IARY OF COST EST3, 1ATE PROJECT: Bayland Park Boat Channel Marker TASK COST FIELD INVESTIGATION $ 5915.00 LABORATORY TESTING SERVICES $ 1670.00 ENGINEERING SERVICES $ 5042.50 TOTAL E 12627.50 NOTE: GEOTEST OCTOBER 1994 FEE SCHEDULES NVERE USED • PROPOSAL NO. 1140128199 ATTACHMENT NO. 3 COST BREAKDOWN FOR FLELD LNVESTIGATION PROJECT: Bayland Park Boat Channel Markers 2.30 OTHER CHARGES 2.32 Subsistence of Crews, Out -of -Town .............................. 2.70 SPECIAL ITEMS 2.71 Mob. & Demob. Barge Mounted Drilling Rig, 3 -Man Crew............ 2.72 Drilling & Intermittent Sampling to 100 ft Below Water Surface.. 2.73 Utility Clearance for Boring Locations .......................... 2.74 Boring Markers ................... ............................... TOTAL • PROPOSAL NO. 1140128199 B.Oday x $ 75.00 =$ 600.00 1.OLS x $ 2000 =$ 2000.00 120.Oft x $ 25.00 =$ 3000.00 4.Ohrs x t 60.00 =$ 240.00 3.0 x $ 25.00 =5 75.00 $ 5915.00 ATTACHMENT NO. 4 COST BREAKDOWN FOR LABORATORY TESTS PROJECT: Bayland Park Boat Channel darker PROPOSAL NO. 1140128199 3.10 IDENTIFICATION AND CLASSIFICATION TEST 3.11 Liquid and Plastic Limit ............ ............................... 12 x $ 35.00 =$ 420.00 3.13 Sieve Analysis through No. 200 Sieve ............................... 5 x $ 30.00 =$ 150.00 3.20 PHYSICAL TESTS 3.21 Moisture Content ....................... .......................... 19 x $ 5.00 =$ 95.00 3.30 STRENGTH TESTS 3.32 Torvane ............................. ............................... -33 x $ 5.00 =$ 165.00 3.35 Triaxial Compressive Strength. per Specimen or Stage: Unconsolidated•Undrained .......... ............................... 12 x $ 40.00 =$ 480.00 3.50 OTHER CHARAGES 3.54 Stress - Strain Curve for Items 3.33 through 3.36 .................... 12 x $ 30.00 =$ 360.00 TOTAL $ 1670.00 0 ATTACHMENT N0. 5 40 COST BREAKDOWN FOR ENGLNEERING SERVICES PROJECT: Bayland Park Boat Channel Marker BASIC GEOTECHNICAL SERVICES 1.10 HOURLY RATES FOR PROPOFESSIONAL AND TECHNICAL STAFF 1.11 Principal or Sr. Consultant ..... ............................... 1.12 Project Manager or Consultant ... ............................... 1.14 Project Engineer ................ ............................... 1.16 Staff Engineer ................................... I............. 1.17 Field Coordinator ............... ............................... 1.17 Draftsperson .................... ............................... 1.19 Support Personnel, Word Processing ............................. SUBTOTAL ADDITIONAL ITEMS NOT INCLUDED IN BASIC GEOTECHNICAL SERVICES FIELD ENGINEER PROPOSAL NO. 1140128199 3.01irs x $110.00 =$ 8.01irs x $ 90.00 =$ 15.01irs x $ 65.00 =$ 22.01irs x $ 55.00 =$ 3.01irs x $ 40.00 =$ 7.Ohrs x $ 40.00 =$ 2.5hrs x $ 35.00 =$ 330.00 720.00 975.00 1210.00 120.00 280.00 87.50 60.5hrs $ 3722.50 1.10 HOURLY RATES FOR PROPOFESSIONAL AND TECHNICAL STAFF 1.16 Staff Engineer .................. ............................... 24.01irs x $ 55.00 =$ 1320.00 SUBTOTAL 24.Ohrs $ 1320.00 TOTAL C] 84.5hrs $ 5042.50 • Supplemental Conditions • These Supplemental Conditions shall supersede and control over the terms and conditions contained in the proposal of Geotest Engineering, Inc. (hereinafter referred to as "GEOTEST "), which proposal is numbered "1140128199 Revised," dated September 14, 1998, and addressed to the City of Baytown (hereinafter referred to as "CITY "), for professional services for the geotechnical investigation concerning the boat channel markers at Bayland Park Marina and all exhibits and tables attached thereto and incorporated therein to the extent that there is conflict. 1. UNDERGROUND UTILITIES: GEOTEST shall be solely and exclusively responsible for ensuring that all lines, facilities and infrastructures of any kind located in the area where the work is to be performed are not moved, damaged, destroyed, or otherwise interfered with during GEOTEST's. drilling, sampling, and other work performed pursuant to this Agreement. GEOTEST hereby assumes responsibility for all subsurface and latent conditions. 2. PAYMENT: Invoices shall not be submitted for payment until completion of the work and the same shall be payable within 30 days after the work is completed or 30 days after receipt of an invoice detailing the services performed, whichever is later. The parties understand and agree that the total cost quoted in GEOTEST's proposal referenced hereinabove includes all costs and expenses associated with the work to be performed by GEOTEST. At no time, shall CITY be obligated to pay any additional fees or reimbursable expenses. 3. INSURANCE: Throughout the term of this Agreement, GEOTEST at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from GEOTEST's operations and/or performance of the work under this Agreement, whether such operations and /or performance be by GEOTEST, its agents, representatives, volunteers, employees or subconsultants or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. GEOTEST's insurance coverage shall be primary insurance with respect to CITY, its officers, agents and employees. Any insurance or self - insurance maintained by CITY, its officials, agents and employees shall be considered in excess of GEOTEST's insurance and shall not contribute to it. Further, GEOTEST shall include all subconsultants as additional insureds under its commercial general liability policies and professional liability policies or shall furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: Supplemental Conditions, Page I GEOTEST Initials CITY's Initials Commercial General Liability (CGL) General Aggregate: $1,000,000 Products & Completed Operations Aggregate: $1,000,000 Personal & Advertising Injury: $1,000,000 Per Occurrence: $500,000 a. Coverage shall be at least as broad as ISO CG 00 01 10 93 b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. Business Automobile Policy (BAP) Combined Single Limits: $1,000,000 a. Coverage for "Any Auto." Errors & Omissions (E &0) Limit: $250,000 a. For all architects, consultants, and/or design companies. b. Claims -made form is acceptable. C. Coverage will be in force for three years after project is completed. Workers' Compensation: Statutory Limits Employer's Liability: $500,000 a. Waiver of Subrogation required. b. Will include USL &H if any work is performed along coastal areas. Upon execution of this Agreement, GEOTEST shall file with CITY valid Certificates of Insurance and endorsements acceptable to CITY. Such Certificates shall contain a provision that coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has been given to CITY via certified mail, return receipt requested. GEOTEST shall also file with CITY valid Certificates of Insurance covering all subconsultants. The following are general requirements which are applicable to all policies: a. AM Best Rating of A:VII or better. b. Insurance carriers licensed and admitted to do business in the State of Texas will be accepted. C. Liability policies will be on occurrence form. Errors and Omissions can be on claims -made form. d. CITY, its officials and employees are to be added as Additional Insured to liability policies. C. Upon request of and without cost to CITY, certified copies of all insurance policies and /or certificates of insurance shall be furnished to CITY's • representative. Certificates of insurance showing evidence of insurance coverage Supplemental Conditions, Page 2 GEOTEST Initials CITY's Initials shall be provided to CITY's representative prior to performing any work or services in furtherance of this Agreement. f. Upon request of and without cost to CITY, loss runs (claims listing) of any and/or all insurance coverage shall be furnished to CITY's representative. 4. INDEMNITY: GEOTEST AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS AND EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS "CITY ") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT, TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY GEOTEST UNDER THIS AGREEMENT. IN THE EVENT OF PERSONAL INJURY TO OR DEATH OF GEOTEST OR GEOTEST'S EMPLOYEES OR SUBCONSULTANTS, SUCH INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF CITY. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS OTHER THAN GEOTEST OR ITS EMPLOYEES THAT IS CAUSED BY OR RESULTS FROM THE SOLE NEGLIGENCE OF CITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST CITY BY REASON OF ANY OF THE ABOVE AND TO THE EXTENT COVERED BY GEOTEST'S INSURANCE, GEOTEST AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO CITY. The above - referenced indemnities shall survive the expiration or earlier termination of this Agreement and shall remain in full force and effect. 5. RELEASE: By this Agreement, CITY does not consent to litigation or suit, and CITY hereby expressly revokes any consent to litigation that it may have granted by the terms of this Agreement or any other contract or agreement, any charter, or applicable state law. GEOTEST assumes full responsibility for the work and services to be performed hereunder and hereby releases, relinquishes and discharges CITY, its officers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by ® or alleged to be caused by, arising out of, or in connection with GEOTEST's work to be performed hereunder. THIS RELEASE SHALL APPLY REGARDLESS OF Supplemental Conditions, Page 3 GEOTEST Initials CITY's Initials WHETHER SAID CLAIMS, DEMANDS, AND CAUSES OF ACTION ARE COVERED IN WHOLE OR IN PART BY INSURANCE AND REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, OR.INJURY WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY. The terms of the release contained in this section shall survive the termination or expiration of this Agreement and shall remain in full force and effect. 6. SCHEDULING OF WORK: The services set forth in the Proposal will be accomplished in a timely workmanlike and professional manner by GEOTEST personnel in accordance with the project schedule contained in GEOTEST's proposal. GEOTEST understands and agrees that time is of the essence in this Agreement 7. ACCESS TO SITE: CITY will provide adequate access to the site for GEOTEST to perform the work and services. GEOTEST shall take all necessary and reasonable measures to ensure that no damages to the site or any improvements result. Any damages to the site or the improvement shall be promptly repaired by GEOTEST at no further cost and expense to CITY and if GEOTEST fails to timely repair or fails to repair the site and/or improvements to the satisfaction of CITY, CITY shall have the same repaired and bill GEOTEST for the cost thereof. Such cost shall be due from GEOTEST on or before the 15`h day after receipt of an invoice for the services. Any monies not promptly paid by GEOTEST shall accrue interest at a rate of 1% per month. GEOTEST and CITY hereby agree that should GEOTEST be liable for monetary damages in accordance with this section that CITY may withhold permanently the amount for which GEOTEST is liable from its compensation hereunder. 8. TERMINATION: This Agreement may be terminated by either party upon 10 days' prior written notice. In the event of termination, City shall compensate GEOTEST for all services performed up to and including the termination date, including reimbursable expenses, which have been approved in writing by CITY; provided, however, prior to GEOTEST obtaining any monies pursuant to this paragraph, GEOTEST must tender all work product to CITY. In the event that GEOTEST terminates this Agreement and CITY may AT ITS OPTION provide for completion of the work in the following manner: CITY may let the contract for the completion of the work and services under substantially the same terms and conditions which are provided in this Agreement. In case any increase in cost to CITY under the new contract as compared to what would have been the cost under this Agreement, such increase shall be charged to GEOTEST. However, should the cost to complete any such new agreement prove to be less than what would have been the cost to complete under this Agreement, GEOTEST hereby waives any and all privileges, rights and claims to such excess. On or before the termination date, GEOTEST must tender to CITY all samples and work product at the time of the termination. Any monies due and owing to Supplemental Conditions, Page 4 GEOTEST Initials CITY's Initials GEOTEST at the time GEOTEST terminates this Agreement may at CITY's SOLE OPTION be withheld from GEOTEST until completion of the services has been attained. 9. APPLICABLE LAW: This Agreement shall be governed by and construed according to the laws of the State of Texas. The venue for all claims asserted under this Agreement shall be Harris County, Texas. 10. QUALITY OF SERVICE: GEOTEST represents that the services offered or performed by GEOTEST pursuant to this Agreement shall be suitable for the intended use and purpose by CITY and shall be in accordance with generally accepted engineering and consulting practices in the industry and adopted by environmental firms performing services of a similar nature under similar circumstances and in effect at the time services are rendered. Furthermore, GEOTEST's services shall be in compliance with applicable statutes, laws, regulations and codes pertaining to the project and the intended use of the same by CITY. 11. OWNERSHIP OF WORK PRODUCT: GEOTEST hereby grants and conveys an ownership interest to CITY in all work products relating to the project described in the proposal without additional compensation. 12. COMPLETION DATE: All work and services hereunder shall be fully and finally completed and accepted by CITY within eight weeks of the notice to proceed issued by the CITY. 13. NOTICE: All notices required to be given hereunder shall be given in writing by telecopier, overnight, or facsimile transmission, certified or registered mail or by hand delivery at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following address: GEOTEST Geotest Engineering, Inc. Attn: President 5600 Bintliff Drive Houston, TX 77036 Fax: (713) 266 -2977 CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax: (281) 420 -6586 14. NO ARBITRATION: Notwithstanding anything to the contrary contained in this Agreement, CITY and GEOTEST hereby agree that no claim or dispute between CITY Supplemental Conditions, Page 5 GEOTEST Initials CITY's Initials and GEOTEST arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1 - 14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that CITY is subjected to an arbitration proceeding notwithstanding this provision, GEOTEST consents to be joined in the arbitration proceeding if GEOTEST's presence is required or requested by CITY of complete relief to be recorded in the arbitration proceeding. 15. NON - WAIVER: Failure of either party hereto to insist on the strict performance of any of the agreements contained herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 16. SEVERABILITY: All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 17. INDEPENDENT CONTRACTOR: In all activities or services performed hereunder, GEOTEST is and at all times shall remain an independent contractor, not, an agent or employee of CITY. GEOTEST, as an independent contractor, shall be solely responsible for the final product contemplated under this Agreement and shall have ultimate control over the execution of the wort: and services under this Agreement. GEOTEST shall have the sole obligation to employ, direct, control, supervise, manage, discharge and compensate all of its employees and subcontractors. 18. ASSIGNMENT. GEOTEST may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without the prior written consent of CITY. 19. AGREEMENT READ: The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 20 AMENDMENTS: No amendments to this Agreement shall be effective and binding until it is reduced to writing and signed by the duly authorized representatives of both parties. 21 MULTIPLE ORIGINALS: It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. 22. CONSTRUCTION OF AGREEMENT: The parties agree that this Agreement shall not be construed in favor of or against any party on the basis that the party did or did not author this Agreement. 0 Supplemental Conditions, Page 6 GEOTEST Initials CITY's Initials ® 23. HEADINGS: The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. • 24. GENDER AND NUMBER: Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless context requires otherwise. 25. AUTHORITY: The officers executing this Agreement on behalf of the parties hereby confirm that such officers have full authority to execute this Agreement and to bind the party he /she represents. c:lklh 1121Ln-inccring \Contractprov isionsl GcoTcstLnginecrin gStipplcmcntalCanditions Supplemental Conditions, Page 7 GEOTEST Initials CITY'S Initials