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Home My WebLink AboutC2006-064 - 2/28/2006 - Approved AGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services This AGREEMENT IS between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and V&A Consultina Enaineers Inc., a corporation or partnership ("LAB"), acting through its duly authorized representative who is Glenn Willson, P.E, Enaineerino Services Manaaer, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAS" to provide services in connection with City's project, described as follows: Southside Water Transmission Main. Phase 5 (Rodd Field Road to Whitelev Drive) (Project No. 8391) ("PROJECT") 2. SCOPE OF WORK: "LAS" 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 S" 3. FEE: The "CITY" agrees to pay the "LAS" for services provided in accordance with Exhibit 'A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $48,910.00 (in figures) Fortv-Eiqht Thousand Nine Hundred Ten Dollars and Zero Cents (in words). 4. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS: The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "S" by an insurance company acceptable to the City. The Consultant further 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 "S". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: "CITY" warrants to "LAS" 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 "LAS" is relying upon the above warranty in undertaking to perform the services described In this AGREEMENT 2006-064 02/28/06 M2006-069 V &A Consulting Engineers CITY OF CORPUS CHRIST! ~~ . ., l I ROna~~y" -=tv\"C~::fi. t ( Assistant City Manager APPROVED AS TO FORM I" ;; ~A-c/ r of Engineering Services ~ ~ing Department ~6 (Date) (~~ (Date) ATTlm ~ ' AAMANoo CHAPA 01Y SfiOlETARY '1 \HOME\Rachelle\GEN\WaterlONSWTP\8391 ,,'1 5\Test'ng .. A CON~! ENGINEE:S ::.-ch Glenn Willson, P.E. (Date) Engineering Services Manager Lake Merritt Plaza 1999 Harrison Street, Suite 975 Oakland, CA 94612 (510) 903-6600 Office (510) 903-6601 Fax f)\ '/ u ,L..(;( C ..L.;;..~~':'__ ...J... "iJ! "~JI\l~L.. ~ CCJIHtCjl._~?;;tl:'~ fr/ , C . _....._"....~ ~r.tnAllv Ll(~._ Project No. 8391 Fund Source No. 550910-4475-00000-180184 Fnrllmhr:::mrp f\ln _ CONSULTING \B ENGINEERS, INC. <' it'i! {1I{,.,/\lrIlCIIlU' 1'/"cse/"i(//iUi! P06-001 February 16, 2006 \1r Joc 'I rl'jo, P !-, em of Corpus Christi Departmcllt of I ':nglllCerin,c', SerYiCC~ Corpus ( hristi, TX 7f\409 l)27~ Sl' BII,( I Proposal f( ,r CorroslOn Engineering Construction Support Services for the City of (,orpus Chnsti SouthsicJe Transmission Main - Phase 5 - 09961 Test Stations, I )111 Cathodic ProJectIon and 16()(>I,lolnt Bonding and Electrical Isolation Dear i\1r I relo, rhe tollowing is our lettn proposal and detailed scope of work for the subject services. V&A Consulting Engincers (\' & \1 will make a tol al of f(lur tnps to the project site in accordance \V~th the .;cope of \'v'ork below SCOPE OF WORK T ask Description ( \ mtractor Submittal Rnicw- V&\ will n:vlew cathodic protection material submittals for e'leh contract. V &\ wlll prm'idc up 10 14 hours of mbmittal review time, as required. 2 Rc;ponsl' 10 RFls - \'&;\ WIll respond to RFls for the construction of the corrosion nlonltonng svstem V&\ \1,,'111 provide up to 14 hours ofRFI response time, as required, ( 1't.ate :\node floll Re:;tstance I.og Record electnc log of cach anode hole as one anode is I(;wered In :; foot IllCremenlS a1 L';lch dcep anode well location in accordance with Section )!I/F of SpeCIficaTIOn Secllon 1)111. Subrnlt test data in accordance with specification, \ nificatlon of [nsullatlol1 ot \nodes. Task 2, will be conducted concurrently with this task. 'I ill' estimate ITlr Ihis 1:lsk b based on tnstallatlon of anodes for all anode wells being Cr .nducted \ ln SIlCCl'SI\T da\' + \' nlfv [nslallat1( >tl (,f i\n( Jde, I'ro\'1de comtructlon observal1on of installation of all anodes al each deep anode well location, Proyide bnef letter regarding observation of anode imTallation in accordance with Sectlons)(} 1 (; and 3,()1 F of Specification Section 13111. ( :'l'ation of ,\node Hole Rl:'lstancc J ,ogs, Task], will be conducted concurrently "\lith this EXHIBIT "A" Page 1 of 6 V&A CONSULTING ENGINEERS INC ta~k, The e~timatt for t hi~ task IS based un Installation of anodes for all anode wells being c. )nducted on 'llCl<SSIVe days, ) l\djust Rectllier~ - \'enh that rectllier is capable of operating at full rated load in accordance \\lth SectIon ') u2l of Specification Section I ~ Ill, Provide brief letter regarding rectifier ell{'tgIZatlon 6 (,nduct Installati(.1l '[ {'Sting 01 (:athO(hc Protection System- Conduct Installation Testing cd Cathudic Prote, tion S\'~tl'11l III accordance with Section 3,06 of Specification Section 1 ~ III The (ontLlctor tnllS t complete all work prior to the installation testing, Prior to energIZIng the ,'at!. ldic protect ion :,vstem. record [utin> pipe-to-soil potential data at each 1<,; lead ot l'\('ry [cst sLltiol1, \:atl\'C test data obtained dunng this testing will satisfy the fllluircment c. t SecltOl1~ 06 of Spectfication Section ()9961 as well as part of the requirement c,r SeCtlt'll 1,(1(, ot SpcClficatlol1 Section I'll II hlergize cathodic protection system and adjust the rectttieL Mcasure ptpe.to-soil poteutial data at all foreign pipeline test stations, I! recluired. c\" .rd1l1ate with O\\'l1ers of forelgll ptpelines to conduct cooperative testing, ( ,orcltnatu'll with foreIgn pipeline owners will consist of contacting the foreign pipeline o\\'ners In telephone, I. 'r tu ~ hums w1l1 be spent with coordination, Foreign pipeline o,\ner~ WIll iJe 1101 died of t he date scheduled tor "on" and "instant off' potential testing, I 'reign ptpelllll' (\\,ners mal elect to attend rhe "on" and "instant off' testing for the p!lrpose ,t cl'oper:Jit\'C !(sttnL( b )Ilcmtng the InitLd ellerg17atl()n and testing. V&!\ will allow the pipe to polarize for a llIlnimum of'lll da\ ->, ,\1' tel' the'll) day mllllmlllll polarization period, V&A will return to the project site to CI)fldllct ". In' :lnd "Illstant off' potential testing at each test lead of every test s 1.lt ton l'he recti! leI'S \I'lll he re:ldjllsted, I t required, V &,c\ will provide a test data report tllduding lahlllatHll ut all te'it data and ;\ letter report regarding the test data and C< 'llfonnancc \\ Ith "U\(, I"~ cntena ( ,'nduct 'l'ralt1lng ....emlnar V&,\ will ,end;) (:orroston Engineer to provide a one day tl:l1ning it'mInar 1', ,I' up to 20 :lttcndees, The seminar will include a discussion of test methods and proccdures \ lIst of reclllired Ctjuipment as well as all forms to docUlnent elntncal contillllit\ testlllg. c1ectrlCll isolation testing and casing electrical isolation testing w1l1 be provided "pen tic methodology and procedures for recording and submitting data \\111 be dlscllssed I )emunstrati(ln of recluired te,tlng will be Included as part of the seminar t( t'nsure \ lllder,tal ,cling (If semlnar partiClpant s ," R\'\le\\' IJectncal \ :ontIlllllt\ Testing Data The (,ontractor will perform electrical c",ntinuHv testing IIi aculrdal1cc \llIh Secti(ln)()ll': (,fSpecification Section 16061, Electrical c"ntinuitv testing \\ill be pnformed pnor to backtilling The Contractor \vill tabulate and submll all electrlCl conlll1UItv le'it data tu \'&\ fur revie'w on a weekly basis, V&A will pr<>vide up to1 ho: lrs pn week for this task If l-evtew of weekly data requires more than 88 hi jutS the (,It V jf ( orpu, ( hristl \VIII be [1( ,tilied vIa email and no additional work will be started wlthoul wntten authorizallon and addttional funding from the City, V&A will provide a weeklv email transmittal to Crban LngIneering regarding review and approval of the weekly elect nc1i Contllllnrv test data withIn two working days of receiving the test data, The emaIl transmitlal wIll state I\'hethcr the 'illbmttted test data IS acceptable in accordance \\11h the contract srecdicatlon'i EXHIBIT "A" Page 2 of 6 I) Ecview Uectncal I solation Testing Data- The Contractor \viII perform electrical isolation testlng in accordamc wit h Scct!un'),( )2C of SpeCIfication Sectlun 16061. The effectiveness of all insulating JOlni'. will bc measured using a (;as Elcctro11lcS Model 601 insulating joint !<'srer The (:ontrador \VIII tabulate and submit all electrical Isolation test data to V&A for rene\\ V &A will pro\Ide up l() 1+ hours for this task. If rniew of electrical isolation data rl'quirn more than H hours the (:ity of (:orpus Christi \viIl be notified via em ail and no addition:d \\.'ork will be qarrcd without Wrltlcn authorization and additional funding from the ( ; I V. \' &.\ \\.'111 pr: ,vide all cmall 1 ransmi! tal t () l'rban Engl11eering regarding review and al'prma] ,It the eketnel! Isolation test dala Within two working days of receiving the test dILL Thc ,'mati t1,l11smlttal \\.ill state \\hether the submitted test data is acceptable in a' lordancc wi! h t11< COIl (rac I spen tica tions 1(i R('view Casing I"jeotrical Is()lallOn Testing Data - Conduct casing electrical isolation testing III '\cc')f(lance with Scctlo[))()5.\ of Speclficatlon Section 16061 to determine that the Chl11gS han' been dectncalh iSolated from the pipeline. The Contractor will tabulate and s rbmit all casing c1ectncal bolatloll test data to V&/\ for review. V&A will provide up to 6 h. ,urs for t his task. If re\le\\ \)/ casing elcctncallsolation data requires more than 6 hours the ( ill' of ( ()rpu' Christl will be notified \\;l email and no additional work will be started \\ Ithout \\ nw'[) aul hori/atH '11 ;lnd additional funding from the City. V &A will provide an e!fLlil transmittal t( I!rb:l!l I .nglllCering regarding review and approval of the casing electrical I" ,Iatlon Ic,t data ",tth1l1 t\\,) \\()rK1l1g davs of ll'Celying the test data. The email transmittal wIll stall whether dw ',ub1111tted It's I data I'lcceptablc in accordance with the contract Si )eclticall< )11, \Ve propose to c()mpktc tlllS work (J!] a tllne and malenals baSIS at a t(ltal cost not to exceed $48,910. I':stlmated costs tor the :!bo\c pr1llecI SCt 'pc are itemized in the attached Resource Allocation Estimate. these CChf'; represellt (,ur I,est estimates ,II tllls time and may change .;ub)ect to future developments dunng the proje\t It IS pmsibk that some of the esumated manpower reqmrements for specific task Items ma\ lllcrease while others l11a\ not re'luIre the entln' anticipated effort. This provides us a greater degree of confidence III the )verall project estiInate. rather thaIlln any given particular task. I f 11lltureSL:l~n ClrClUIbtance: should arise \\hlCh indicate that more time IS required, we would provide a written e,tlmate "f additioll:!l f("Jlurnl time and cost \'{'e will not proceed with work beyond the not to excl'cd tigure without a \\ ritteIl authorlntion from vour office. Charges to this project will be made tin act lla] tunc spent Oil th( proJcct ,lIld \nll be charged as per the attached Fee Schedule. We request that y' .u,lrefulh rn 11'\\ thl:' pn 'posal 1I',I'';Sllre that we full v understand the scope of the work. Our I<c(' SchedlJc wilJ he ;ldjll>led in .Ianu,m ~()()7. lees will be adjusted at that time and a new Fee Schedule '.elll be ,ent ('harges OIl tlw re111alllder of the pr' '}eCI wIll be based on the new schedule. \Ve arc prepared 1(' beglll \\( )rk ('11 V")ur pr( ))ect upon rnclving written approval, a Notice to Proceed, ()r purch,r.;e order from IO\ll of tin' ()n behalt of our staff ,lnd myself [ would like to thank yuu for the opportunity to be of service to you and the ('ttv of Corpus ( :hnsti. \Ve look !(If\vard to working with YOU. EXHIBIT "A" Page 3 of 6 " Sincerely _ V&A CONSULTING ENGINEERS Civt! IntrastmdlJre f'reifmll;OIl '/ left Knauer, P E ProJen F ngincer ,\cceptcd Cin Ilf Corpus Christi Date EXHIBIT "A" Page 4 of 6 . CONSULTING . ENGINEERS, INC. RESOURCE ALLOCATION ESTIMATE PROPOSAL NO: P06-001 Date: 16-Feb-06 CLlENl City of Corpus Christi JOB TITLE: Corrosion Engineering Services for the City of Corpus Christi Souths ide Transmission Main - Phase 5 09961 - Test Stations. 13111 - Cathodic Protection. 16061 - Joint Bonding and Electrical Isolation Project rask Description PrinCipal-in. Sr. Project Manager/ Project Associate Assistant Clerical Total Charge Manager Sr. Project Engineer Engineer Engineer Engineer Respond to RFls 4 8 2 14 Review Cathodic 2 Protection Material 4 8 2 14 Submittals 3 Create Anode Hole 6 8 18 4 36 Resistance Log 4 Verify Installation of 4 4 12 4 24 Anodes 5 Adjust Rectifiers 4 2 4 2 12 4 28 Conduct Installation 6 Testing of Cathodic 4 8 8 12 60 6 98 Protection System 7 Conduct Training 2 28 4 8 4 46 Seminar Review Electrical 8 Continuity Testing 8 16 16 20 24 2 88 Data Review Electrical 9 Isolation Testing 2 2 8 2 14 Data Review Casing 10 Electrical Isolation 2 2 2 6 Testing Data Subtotal 28 56 56 42 152 32 368 Hourly $195 S170 $155 $140 $120 $105 $70 Total Direct Labor $390 $4,760 $8,680 $7,840 $5,040 $15,960 $2,240 $44,910 Other Direct Costs Amount Travel (Air/Hotel/Per Diem/Rent-A-Car) at Cost, Four Trips $2,000 Office Expenses/Printi ng/Reprod uctlon $2,000 Subtotal Other Direct Costs $4,000 GRAND TOTAL ESTIMATED COST $48,910 P06-001 Urban Corpus Christi RAE xis EXHIBIT "A" Page 5 of 6 PROJECT AND ROUTE DESCRIPTION SOUTHSIDE WATER TRANSMISSION MAIN PHASE 5 ROOD FIELD ROAD TO WHITELEY DRIVE CITY PROJECT No.: 8391 Proiect Description The following is the project description for the Southside Water Transmission Main Phase 5, Rodd Field Road to Whiteley Drive, City Project No.: 8391. The water transmission main is being constructed to increase pressure, flow and reliability to Flour Bluff and Padre Island. The water transmission main will be installed from the termination point of the existing 42-inch water transmission main at the intersection of Rodd Field Road and Yorktown Blvd (Phase 4), and will extend easterly to the Laguna Madre in the Whiteley Drive ROW. The water transmission main IS 42" in diameter, 5.5 miles in length and will be constructed of bar wrapped concrete pressure pipe The water transmission main will also contain air release valves, blow off valves, Isolations valves and access man ways to facilitate operations and maintenance. The water transmission main will be mainly constructed by open trenching techniques and will be buried at approximately 4 feet below the ground surface. Route Description The proposed 42" water transmission main will tie into a 42" stub out on the east side of Rodd Field Road and south side of Yorktown Blvd. From this point the 42" water transmission main extends due east in an easement on the south side of Yorktown Blvd for approximately 1.6 miles, to the edge of the Cayo Del Oso. The 500 foot Cayo crossing will be constructed from a barge by standard marine trenching techniques. Once across the Cayo Del Oso the watermain extends along the southside of Yorktown Blvd. in an easement for approximately 2.3 miles to the intersection of Waldron Road. At Waldron Road the 42" water transmission main extends due south along the east side of the Waldron Road right-of-way for approximately 2600 feet at which point it turns to the east. The water transmission main continues east following the north property line of the Barney Davis Power Plant for approximately 3200 feet. At this point the waterline turns north east and follows this alignment through lot 8 of the Kingswood subdivision to Easy Street. The waterline alignment then turns east and follows Easy Street for approximately 500 feet to the intersection of Easy Street and Whiteley Drive. The alignment proceeds south along the west side of Whiteley Drive for approximately 140 feet then turns to the east The water transmission alignment continues to follow along the southside of Whiteley Drive for approximately 1700 feet. EXHIBIT "A" Page 6 of 6 Exhibit B Mandatory Requirements (Revised September, 2001) INSURANCE REQUIREMENTS CONSULTANT LIABILITY INSURANCE A The Consultant shall not commence work under this Agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. I TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE , ~- 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates I Commercial General Liability Including $2,000,000 COMBINED SINGLE LIMIT I 1 Commercial Form i2 Premises - Operations /3 Explosion and Collapse Hazard 14 Underground Hazard , 5 Products/ Completed Operations Hazard 16 Contractual Insurance 17 Broad Form Property Damage 18 Independent Consultants 9 Personal Injury AUTOMOBILE L1ABILlTY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS= WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH " OF I THIS EXHIBIT ! EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION lIABILlTY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [ ] REQUIRED long-tern environmental impact for the disposal of [Xl NOT REQUIRED contaminants I BUILDERS' RISK See Section B-6-11 and Supplemental Insurance I Requirements [ 1 REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section 8-6-11 and Supplemental Insurance Requirements [] REQUIRED [X] NOT REQUIRED Exhibit "B" - Insurance Requirements Page 1 of 3 C In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties II. HOLD HARMLESS A. 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. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services. P O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. G:- Builder's Risk Coverage: Consultant '/Jill be responsible for providing builder's risk insurance cO'lerage for the term of the contract up to and including the date the City finally accepts the project or v:ork. Builder's risk coverage shall be an "l,1I Risk" form. The policy shall be a completod '.'alue form. The Consultant shall provide such builder's risk co'.'erage at least in the amount of $ ( DOLL/\RS) which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. Consultant shall be responsible for paying all costs necessary to procure such Exhibit "8" - Insurance Requirements Page 2 of 3 builder's risk insur:::mce cover3ge, including 3ny deductible. The City shall be n3med an additional insured on 3ny polioy providing such insur:::moe ooverage. III On the certificate of insurance · The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. · Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted · The name of the project also needs to be listed under "description of operations". · At least 1 O-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. Exhibit "8" - Insurance Requirements Page 3 of 3 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. 14 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 ongin 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". 16 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". 22 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. 24 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 32 "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 42 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 81 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 83 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 ~ City of Mf'III Corpus =" == 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 aN/A" FIRM NAME: V&A Consultinq Enqineers Inc STREET: Lake Merritt Plaza, 1999 Harrison St., Ste. 975 CITY: Oakland, CA ZIP: 94612 FIRM is: 1 Corporation X 2 Partnership_ 3 Sole Owner_ 4. Association_ 5 Other 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 Job Title and City Department (if known) IJ /It 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 Title ".J / IL J~ 0- 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 ~//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/{t . 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 Glenn WiIlS~ (T or nn \J~ Signature of Certifying Person Title Enqineerinq Services Manaqer Date:~) O~ a DEFINITIONS Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. 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. Firm. Any entity operated for 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, receivership or trust and entities whicl1, for purposes of taxation, are treated as non-profit organizations. Official. The Mayor, members of the City Council, City Managerk Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges OT the City of Corpus Christi, Texas. 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 holCling or control established through voting trusts, proxies or special terms of venture or partnership agreements. Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. b c. d. e. f