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HomeMy WebLinkAboutC2006-033 - 2/16/2006 - NA AGREEMENT for PAVEMENT EVALUATION 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 Professional Services Industries (PSI), a Texas corporation or partnership, "LAB", acting through its duly authorized representative who is David Amori, P,E. (Name) Branch Manaoer (Title), which agree as follows: 1 DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Corpus Christi International Airport Runwav 17 -35 Improvements - Airfield Drainaae Improvements Phase 4 - Pavement Rehabilitation Evaluation - Proiect No. 10001 "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", Sco~LServjces and Fee Schedule under this AGREEMENT, a total fee not to exceed $24.650.00 (in figures~~dtr Thousand Six Hundred Fifty and no/xx dollars (in words). 4. INDEMNIFICATION AND HOLD HARMLESS The Lab agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "C". 5 CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. "CITY" warrants to "LAB" that to the best of its 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 "CITY" acknowledges and confirms that "LAB" is relying upon the above warranty in undertaking to perform the services described in this AGREEMENT CITY OF CORPUS CHRISTI LAB: 1 '~"'"'?' ._M By: R~~:-~:~::~~+-V~'~v' ~~~Jt~tt Assistant City Manager ATTEST: / l By:., / ;---- - ' (SIGNA T~E)' Armanpo Chapa, City S cr tary 1,1:z: ~f,~- 'AnJel R. Escobar, .E. 2/lrtJ 6 (Date ~. z. 1.../' 0(." (Date) 810 South Padre Island Drive (Address) Corpus Christi. TX 78416 (City/State/Zip) 361-854-4801 Fax: 361-854-6049 (Phone/Fax No.) veo AS TO FOR fiihrlo r;~b IS nt City Attorney (Date) ing: 550920-30 -00000-101030 $23.417.50 550920-3020A-00000-1 01030 $1 ,232.50 As Fu 2006-033 02/16/06 Page 1 of 1 (Revised November 2005) PSI Ips., Infon.rwtion . · .To BUlld On .nglneerlng . Consulting . ~stJng February 8, 2006 Mr. Angel Escobar, P.E. Director of Engineering City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 Re: Subsurface Exploration Runway 17-35 Pavement Rehabilitation Corpus Christi, Texas PSI Proposal No.: 325-6005 Dear Mr Escobar: Professional ServIce Industries, Inc. (PSI) is pleased to submit the following proposal for performance of pavement evaluation for the Runway 17-35 rehabilitation project. The subsurface exploration will be conducted to provide information needed in the design of the rehabilitation of Runway 17-35 at the Corpus Christi International Airport (CCIA) located in Corpus Christi, Texas. Based on the information provided during a February 1, 2206 meeting at CCIA, the project is to consist of the rehabilitation of the 6,088 foot long and 150 feet wide runway. The pavement evaluation will include the following services: · Sampling and testing the subsurface materials and limited observation of groundwater conditions on the site, to depths that would significantly affect the performance of the pavement. · Identify select physical and engineering characteristics of materials encountered during the sampling and testing. · Conduct a visual assessment of the condition of the surface of the existing runway · Conduct non-destructive testing of the pavement using the falling weight deflection (FWD) testing method. · Provide recommendations regarding flexible pavement overlay m Professional Service Industries, Inc.. 810 South Padre Island Drive. Corpus Christi, TX 78416. Phone 361/854-4801. Fax 361/854-6049 City of Corpus Christi PSI Proposal No. 12'-4(15 i February 8. 2006 compliance y\ith FAA Advisory circular 150/5320-6D. · Provide recommendations for general site preparation. We propose to begin the program with the non-destructive testing of the pavement using the FWD test procedure. Once analyzed, the results of this testing will help PSI identify areas of interest for subsequent pavement cores and subsurface sampling and investigation. We have mcluded 15 bore holes advanced to depths of approximately ten (10) feet below current surface elevation in this proposal. of which a minimum of ] 0 is anticipated. We understand the runway is currently closed for culvert improvements and that our sub- consultant would be allowed to the project site provided they are escorted by a properly badged PSI representative. The estimate included herein does not provide for night or weekend work. The subsurface exploration will include laboratory testing of the samples obtained to evaluate the classification, unconfined strength, CBR, plasticity, grain-size distribution, and other characteristics of the subsurface and pavement materials involved. The results of the field exploration and laborator:-' tests will be used in the engineering analysis and in the formulation of recommendations. The results of the subsurface exploration, including the recommendations and the data on which they are based, will be presented in a vvritten report prepared by senior licensed professional engineers. PSI is familiar with local subsurface conditions and has participated in the planning, development and execution of foundation evaluations in the project area. In addition, PSI engineers have provided recommendations for foundation design criteria and construction considerations for projects similar to the one proposed. PSI laboratories are equipped with modern soil equipment, and field exploration programs are conducted with modem drilling equipment. Field and laboratory testing is performed by trained, qualified technicians under the guidance and supervision of senior licensed professional engmeers. The fee for the performance of the above outlined services was determined on a unit price hasis in accordance with the attached Schedule of Services and Fees. The work will be performed pursuant to the PSI General Conditions. Copies of the PSI Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal. On the basis of the estimated quantities and the Schedule of Services and Fees, the total estimated fee is $24,650.00. A project cost breakdown is as follows: ,. Ol} of Corpus Christi PSI Proposal No.. n'-4o)1 F"hruary ~ '1\11{, Mobilization .... ....... ..... .......... ................. .... .................. .... $ 600.00 Drilling and Soil Sampling ...... . ................. ........................$ 2,350.00 (Jeotech Laboratory Services. ................. ........................$ 2,140.00 FWD Testing.... ........ .... .. ................. ........................$13,780.00 r~ngineering Senices & Report Preparation......................$ 5,780.00 Total.................. ....................................................................$ 24,650.00 Our cost covers the work needed to present our findings and recommendations in a report form. Not included are costs associated with locating underground utilities, stand-by, rock coring, environmental drilling and sampling. reviewing foundation drawings, preparing construction specifications, attending special conferences and any other work requested after submittal of our report. ()ur fees are based on the use of a rubber tired drill rig. The cost of additional equipment to provide access will be billed at cost plus 15%. Our fees may be increased by up to 5% to mitigate any additional risk born by PSI by the alteration or exclusion of our general conditions. The City of Corpus Christi will be responsible for runway closures and all required and appropriate FAA notifications. runway barricades, and end lighting. The PSI will contact Texas One Call for utility clearance. It is our experience, however, that this service does not provide locations for utilities on private property. The owner will locate and clearly mark all utilities prior to our arrival on site. We anticipate that the non-destructive testing can begin within two (2) weeks following your authorization, if site and weather conditions permit. The field operations are expected to take two (2) days to complete. The coring and subsurface exploration is expecting to take two (2) days to complete. We estimate that the report will take six (6) weeks to complete beginning on the day that we start the F\VD testing. PSI will proceed with the work only after receipt of a signed copy of this proposal intact. When returning the proposaL please complete the attached Project Data Sheet so that PSI may best serve your project. .. Cif~ of Corpus ('hristl PSI Pruf10sill "lo .12"-40'" Februarv 8. 2(106 \\ e appreciate the opportunity to offer its services to your project and looks forward to working with you during the design phase. Please keep us in mind for your Construction Materials Testing/Inspection related services. If you have any questions, please feel free to contact our office Respectfully submitted. Professional Service Industries, Inc. / -/!- David P. ~ri, P.E. Branch Manager Attachments: Project Data Sheet Schedule of Service and Fees General Conditions AGREED TO THIS DAY OF BY (Please Print): ___u_ SIGNATURE: TITLE: FIRM: lBil , it~ of Corpm. ( hristi PSI Prorosal No 325-601):' Februarv 8. 20(16 PROFESSIONAL SERVICE INDUSTRIES, INC. SCHEDULE OF SERVICES AND FEES 2006 ! 'rofesslOnal Services 'h icf Engineer 'Scientist Regional E ngmeer/SenlOr Technical Professional ">Cl1lor Project Engineer/Professional Engineer r )roject Engincer/Scientist/Geo lagisT (,raduate Engineer/Project Manager Statf Scientist, ( Jeologist r )rafting lerical .. (",eotechnical - Field Services 'V10bilization of Truck Mounted Drill unit Round TrIp, per mile (minimum $300.(0) ....... Pcr Mile Mobilization orATV Mounted Drill unit Round Trip. per mile (minimum $500.00) ..... Per Mile \upport Scrvices including Such Items as Rental Equipment I xpendable Supplies, Contract Personnel. and Permits ........ Each Pcr Diem, Per Man.. ............... Per Dav "oil Sampling with truck mounted drIll rig {Jsing Shelby Tubes and Split-Barrel Samplers Intermittent Sampling at 5 Foot Intervals 0-50 Foot Depth.. 50-100 Foot Depth.. Continuous Sampling O-lO Foot Depth. ....... "." Per Foot 10-50 Foot Depth.... ...Per Foot ~oil Sampling with A TV mounted dnl! rig Using Shelby Tubes and Split-Barrel Samplers Intermittent Sampling at 5 Foot Intervals 0-50 Foot Depth.. 50-100 Foot Depth.. Continuous Sampling 0-10 Foot Depth. 10-50 Foot Depth... \uger Drilling Without Sampling.... Rock Coring with NX Size Core Barrel 0-50 Foot Depth, Carbide Bit. . 50-75 Foot Depth. Carbide Bit. Diamond Bits, if required.... (ME 5' Continuous Sampler 0'-50' Depth Stand-By or Access Time... Drilling with Auger Rig, (Minimum 4 hours) held Electrical Resistivity (Wenner 4 pin !Vlethod I.. Laboratory Testing Services .\ tterberg Limits Soils .... Soils with additive. (,rain Size Analysis - Mechanical & Hydrometer. Sieve Analysis Material Finer than #200 Sieve.. Moisture Content DeterminatlOn Specific Gravity Density and Moisture Content. I !nconfined Compressive Strength: Soil. Rock Moisture Density Relationship ASTM D 698 (Standard). ASTM D 1557(Modified) Sample Preparation .. Per Hour .. . Per Hour Per Hour Per Hour .. . ...... Per l'lour .. . ...... Per Hour ....... .. Per Hour Per Hour ....... Per Foot Per Foot ........ Per Foot . Per Foot ..... .........Per Foot .. Per Foot ......... Per Foot .... Per Foot .... Per Foot ...... ... ....... Per Each ........... Per Run .......... Per Hour ................. Per Hour ........Each ..Each ....Each ...... ........ ......Each . Each ..Each ....Each ....Each .. Each .............Each ... ......Each .. . . ... ...... .....Each . .......Each ...........Per Each .. $160.00 $145.00 $ 110.00 $ 90.00 $ 85.00 $ 80.00 $ 50.00 $ 44.00 $ 4.40 $ 5.50 Cost + 15% $ 90.00 $ 13.00 $ 18.00 $ 17.50 $ 19.50 $ 15.00 $ 20.00 $ 20.00 $ 22.00 $ 10.00 $ 24.00 $ 29.50 Cost +15% $ 90.00 $ 160.00 $ 200.00 $ 660.00 $ 46.00 $ 54.50 $152.00 $ 58.00 $ 38.00 $ 6.50 $ 44.00 $ 22.00 $ 34.00 $ 44.00 $150.00 $165.00 $ 23.00 j It~ of (orpus (lIristi I'~I Proposal No US-AO(!) ! ebruan 8, 2006 r taxied rest i Tnconsolidated-lJndrained I Tnconsolidated-Undrained, Multiple Stage , 'on;;olIdated-Undrained with Pore Pressure J'vleasurement" ,'onsolidated-Undrained with PO\(' Pressure rVleasurement, Multiple Stage, "llsolidation lest.. [Hlsolidated-I lrained Direct Shear "ncent Swell , al1fornla Beanng Ratio iHD Triaxial. i'ermeahility T ,>st Failing Head Triaxial I'll Lime Series (ASM (977) I lectrical Resi,livity, THD Method "......" Per Specimen $ 95,00 . . ..... Per Stage $ 490,00 Per Specimen $ 770.00 ."" Pcr Stage $ 995.00 lach $ 384.00 Per Point $ 163.00 Each $ 84.00 lach $ 675.00 Fach $1260.00 ....... Each Each . .. "" Per Sample ...... Each $ 125.00 $ 390.00 $ 160.00 $ 130.00 ! nit prices are In effect for h months trom the date of this proposal and are subject to chance without notice thereafter. Overtime rates will be applicable for services perfomled in excess of 8 hours per day Monday through Friday and for all hours worked on Saturdays, Sundays and holIdays. The overtime rate will be 1.5 times the applicable hourly rate. All rates are billed on a portal to portal basis. Transportation and per diem will be charged at the applIcable rate. Rates involving mileage (including transportation, mobilization, and trip charges) are subject to change hased upon increases in the national average gasoline price. A minimum charge of 3 hours applies to field-testing and observation serVIces. SchedulIng or cancellation () r field testing and observation services is required no less than the working day prior to the date the serVIces are to he performed. Services cancelled without advance notice will be assessed a minimum 3 hour charge. For construction materials testing and observation servic"es, a project management charge to schedule and supervise personnel and evaluate and review reports V.I II be billed at a minimum of 0.2 hours per report issued. Concrete compression testing will be charged 0.1 hour of review time for a set of (\Imders Drilling and field service rates are ba~ed on OSHA Level D personnel protection. For sites where drilling is to occur that are not r,"'adily accessible to a truck-mounted drill ng. rates for rig mobility equipment, site clearing, and crew stand-by time will be charged as ilPplicable. Senlces and fees not listed on this schedule may be quoted on request. l&il , Il~ of( orpus ( hristi "'>1 Proposal No 125-600" '-,.hr-'~' 8. 2(\AI PROFESSIONAL SERVICE INDUSTRIES, INe. SCHEDULE OF SERVICES AND FEES CONSTRUCTION QUALITY CONTROL CORPUS CHRISTI, TEXAS Effective January 1,2006 FIELD TESTING SERVICES Engineering Technician (minimum of 3 hours) .................... .................................................. $ 33.00/hour a) Concrete Placement Inspection (Casting Cylinders) b) Soils Placement Inspection (Density Testing) c) Asphalt Placement Inspection d) Soil Sample or Cylinder Pickup (minimum 1 hour) ( se of nuclear density device during quality control offill or base placement (compaction test)... .....................................................$ 20.00/test SPECIAL FIELD TESTING SERVICES Senior Engineering Technician (minimum of 3 hours). .................................... $ 39.00/hour a) Drilled Pier Inspection b) Pre Pour Inspection c) Pre-cast Plant Inspection d) Portland Cement of Asphaltic Concrete Batch Plant Inspection e) Visual Weld, Bolt, and Nelson Stud Inspection f) Fireproofing Inspection A WS Welding Inspections (min. 3 hours)............................ ...... .......................................... $ 70.00/hour Note: Rates for services such as Roofing Inspection, Pile or Plate Load Testing, Waterproofing Inspection, Windsor Probe Inspection, Structural Steel and Non Destructive Testing, Windstorm, and Forensic Investigations can be quoted upon request. ALTERNATIVE - FULL TIME QUALITY CONTROL In order to achieve a more comprehensive quality control of your project, it may be to your advantage to have an Engineering Technician provide Full Time quality control of soil fill placement and/or concrete placement. In addition to the soils and concrete testing services described above, a Full Time Engineering Technician would be available to perform density tests as needed, closely monitor lift thickness, verify consistency of fill quality, monitor concrete placement, and other pertinent information at no additional charge. LABORA TORY TESTING SERVICES laboratory testing of soils, concrete, asphalt, grout, and mortar samples, cylinders, beams, and cubes delivered to our laboratory in accordance with applicable ASTM procedures and project specifications: .. Ity of (orpus ( hristi PS[ Proposal Nc- \25-6005 I coruan 8. 200(. Soils \tterberg Limits Determinatiun .... i meal' Shrinkage......... \ 10isture Density Relationship a) ASTM D-698 (standard).... b) ASTM D-1557 (modified). . \ ,rain Size Analysis a) Dry . ........ ... ............ b) Washed ..... . ..... ... Percent finer than No. 200 mesh sieve. Hydrometer Analysis ..... '.... ... Lus Angeles Abrasion ...... Clptimum Lime Content ....... Permeability Test: a) Constant Head permeability..... ........................". b) Falling Head Permeability (ASTM 0-5084) ..."..... ........................... $ 65.00 each ........................... $ 36.00 each ...........................$ 168.00 each ........................... $ 186.00 each .............................................. $ 57.00 each . ........................... $ 70.00 each ."".......,,................................ $ 42.00 each .......................... $ 100.00 each .......................... $ 170.00 each ................... ....................... $ 325.00/sample ............... ........................... $ 215.00 each ......................................... $ 340.00 each Concrete Concrete mix design verification by calculation ..................".................... .......................... $ 95.00 each Concrete mix design (includes 4 compression cylinders) .................................................... $ 310.00 each Aggregate analysis for concrete mix design........................................................................ $ 100.00 each I .aboratory compression testing of concrete cylinders or cubes (lTlcludes reserves not tested).. ..................... ................ ............................ .... ......... ........ $ 18.00 each Laboratory compression testing of concrete cylinders made by client .................................... $ 30.00 each Flexural testing of concrete beams (made in conjunction with full time quality control- includes reserves not tested........................................................................ $ 35.00 each Asphaltic Concrete Mix design (Hveem or Marshall, 4 points) . ......................... Extraction and gradation.... .... ....................... Molding Specimens (3 per set) ...........". ...............".. Stability (3 per set) ......". ... ""......".."............. Density (3 per set) ........... ..........."...................... Asphaltic Core ....................... .....". ......."........ Theoretical Specific Gravity... .... ............................... Th ickness and Laboratory Determination of Core Density.... ................................................ $ 715.00 each .............. .................. ................ $ 165.00 each . ......... ..... ....... ............ ......... ..... $ 75.00/Set ...................."........................... $ 75.00/Set ................................................. $ 75.00/Set ............................................... $ 80.00 each ............................................... $ 75.00 each .. ....................................... $ 35.00 each Note: Preparation of samples/materials for laboratory testing, if required, will be charged at $30.00 per hour. The fee for obtaining material samples from the field for laboratory testing will be billed at the applicable personnel and transportation rates. ENGINEERING SERVICES Engineering services for site inspection, test evaluation, contract administration, supervision of laboratory and field personnel, consultation, and report review. a. Senior Regional Engineer.............. .. ..........................................................................$ 125.00/hour b. Professional Engineer........ ..... ..... ....................""........"..".........".................................$ 95.00/hour c. Project Manager." ...." ..... .......................................................................................$ 75.00/hour l1lIil ( H~ 01 Corpus ('hristi PSI Proposal No 325-600' }ehruarv 8. 2006 REMARKS f'he following applies to all work PSI performs unless otherwise addressed in the proposal: " Windstorm related construction observation will be performed by a TDI Appointment Engineer. Estimate is based on 4 trips to check compliance with project documents. Estimate does not include additional site visits to verify corrections made after deficiencies were encountered. Also not lllcluded: design verification, retro-fit, submittal review, special conferences, or any certification other than the WPI-2. \ WPI-2-D will need to be issued by the Structural Engineer (not PSI) prior to our arrival on site. We recommend a meeting be scheduled to discuss Windstorm related observations prior to installation of building foundation. It is helpful if the Structural Engineer is available for this meeting. l Tnit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Frida). before 8:00 a.m. or after 5 :00 p.m., and for all hours worked on Saturdays, Sundays, and Holidays. The overtime rate is 1.5 times the applicable hourly rate. All hourly testing will be on a portal to portal basis from 8] 0 S.P.J.D. Corpus Christi, Texas. Fractions of hours will be billed as whole hours. Project Manager to schedule and supervise personnel and evaluate and review reports will be billed at a minimum of 0.2 hours per report. Professional Engineer to review reports. supervision and coordination will be billed at a minimum of 0.1 hours per report. A transportation charge of $30.00 per trip will apply within the city limits with an additional $0.55 per mile outside city limits. Rates involving mileage (including transportation, mobilization, vehicle and trip charges) are subject to change based upon increases in the national average fuel prices. A minimum charge of three (3) hours applies to field testing and observation services. Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum three (3) hour charge. A project set-up charge of a minimum of two hours applies to all projects. Services and fees not listed will be quoted upon request. -l. .; h. x 4. 10. II. 12. .. EXHIBIT "B" TERMS AND CONDITIONS TO 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 general direction of a licensed engineer and in substantial accordance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, or other standards designated in writing by the "CITY ENGINEER". 1.3 Promptly submit formal reports 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 his authorized representative, 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 authorized representative 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 his designated representative have authority to transmit instructions, receive information and data, 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. 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 which 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 which, 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 his 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. 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. ARTICLE 7. INVOICES AND PAYMENT "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. ARTICLE 8. EXTENT OF AGREEMENT 8 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 representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8 2 In the event that anyone 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. 8.3 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. Exhibit C Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. ~ City of .. Corpu~ :::: = ChnstI ~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered. If the question is not applicable, answer with "NIP,. FIRM is: ?-:;..::~- g Ie 5;12.:" \-0> Corporation )< 5. Other FIRM NAME: STREET: CITY: c...:'c 3. Sole Owner ZIP: 7B--{ { (" 4. Association_ 2. Partnership_ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name ._ _._ ~ Ii Job Title and City Department (if known) 2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name I Title " /-1 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee ;J A 4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership in the above named firm. Name Consultant N l) CERTIFICATE I certify that all Information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ~..I' ~ ~-.cI"L~ Title: bn.-.c...4 ~I? ( ype or nnt) Signature of Certifying Person_ "-- l t Date: 2. (..l. C>~ DEFINITIONS a Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas b. Employee. Any person employed by the City of Corpus Christi. Texas, either on a full or part time basis, but not as an independent contractor c. Firm. Any entity operated tor economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivershlo or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d OffiCial. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. Consultant Any person or frm, such as engineers and architects, hired by the City of Corpus Christi for the ourpose of :xofessional consultation and recommendation