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Home My WebLink AboutC2006-170 - 4/25/2006 - Approved AGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services This AGREEMENT,s 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 Khtinfelder, a Texas corporation or partnership, "LAB", acting through its duly authorized representative vVho is Jerry Lipstreu. S. E. T. (Name) Proiect Manaaer (Title), which agree as follows: 1 DECLARATIONS "CITY" deSires to engage "LAB" to provide services in connection with City's project, described as follows Leopard Street from Mexico Street to Upper Broadway (Proiect No. 8534) and Third Street from Buford to Elizabeth Street (Proiect No. 8535) "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" ,) FEE The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit 'A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $40.559.00 tin figures), (Forty Thousand Five Hundred Fifty Nine Dollars and Zero Cents) (in words). ..... INSURANCE. INDEMNIFICATION AND HOLD HARMLESS The "LAB" 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 "B" by an insurance company accElptable to the City. The "LAB" further agrees to indemnify save harmless and defend the City of Corpus Christi, and its agents, servants and employees as more fullv set forth in Exhibit "B" 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 CHRIST! ~~\--+\)v\-.~tt/'z 1/:." Ronald F. Massey.-~) Assistant City Manager KLEIN FELDER /J ,r, &Vf Jerry L~, SET. 5002 Ambassador Row Corpus Christi, TX 78416 (361) 854-4774 Office (361) 854-4924 Fax 1)12Q)&..L2.i 'i!T"'''D\.'~ --1/!:~/ '~, ,~...~;, ~~~.il~Z;fJ 3~::~r ~~'~~*cK- CITY S6CRETAAV _ pro~~~~NO. I~". '~;;!Gq;tn~~~t[:e ~~cc. ;qo __~3L~ '-1~~lpJ <:14'1'"1 COte C He 2006-170 _--L___u. 04/25/06 \l2006-12S <-I. ?O-~(" (Date) I APPROVED AS TO FORM Operating Department Project Title Leopard Street Third Street Amount $24,724.00 15,835.00 $40,559.00 Klt'intdder ~ST! N:::;\,AJ,REErJE~.~ III ~~:I~ez. ~ Maybik. ivil/Structur:J1 Engineerin~J & i and Surveyin~J AprIl 17,2006 Mr. Joe Trejo, PE City of Corpus Christl Engineering Services POBox 9277 Corpus Christi, Texas 78469 Re: Water Main hnprovements Leopard Street and Third Street City Project Nos. 8534 and 8535 Material Testing Proposal from Kleinfelder Dear Mr. Rocha Our office has reviewed Kleinfelder's fee proposal and scope of work for providing material testing during construction for the aforementioned project, which will include material testing of asphalt, concrete, sand backfill, and cement stabilized sand as well as perfonning backfill compaction density tests. The estimated amount stated by Kleinfelder for said services is $40,559.00, which is based on an increased frequency of density testing of the sand backfill above the proposed water main from one to every 200 ft of sand backfill to one to every 100 ft per 12-inch lift of sand backfill The frequency of testing the backfill compaction became a point of discussion in the Water Department's status meetmg held 4/14/06, in which more testing was desireable in order to reduce the possibility of pavement settlement ocurring along relatively high traffic thoroughfares such as Leopard and Third Street. The overall cost for the material testing appears to be reasonable and, as such, our office recommends the issuing of a contract to Kleinfelder for the material testing services outlined in their proposal that IS attached with this letter. / ~e any question, please contact my office. .' 1 Si;t;.1 ~~i5 ~cardO Marti::tE I I f Attachment ~ cc: File ~ 6000 S. Staples Street. Su"e 207 Corpus Christi. Texas 78413 (361) 814.3070 . FAX (361) 814-5508 2470 Gray Falls Drive. Suite 100 Houston. Texas 77077 (281) 679-0335 FAX (281) 679-0338 Houston Corpus Christi IfIKLEINFELOER ~, '1 tJmp!ovPe 'J~"ncd CO,-nn.lfll Apri 4, 2006 Proposal ~o. 630Y06PG029 Mr. Joe TreJo, P.E. Ci ty 0 f Corpus Christi Department of Engineering P,O. Box 9277 Corpus Christi, Texas 78469-9277 SUBJECT: Proposal for Materials Testing Services Water Main Improvements Leopard St. and Third St City Project Nos. 8534 and 8535 Corpus Christi, Texas Dear Mr. Trejo In behalf of Kleinfelder we are pleased to present this proposal to the City of Corpus Christi. We have been providing geotechnical and materials engineering and testing services for similar projects for over 60 years in Texas. In addition, we are the only laboratory in Corpus Christi accredited by the American lv;sociation of State Highway and Transportation Officials (AASHTO) and we are also accredited by the Cement and Concrete Reference Laboratory (CCRL). Through these accreditations, our clients can know that we strive to provide quality service Kleinfelder has 14 office locations ill Texas and 70 offices company-wide with over 2000 employees. Kleinfelder,s committed to technical excellence and client service as demonstrated through their corporate goals. We trust you will find that this proposal meets your desires, and look fOlWard to the opportunity to serve you, ThIS proposal was developed based on the review of the project plans, project specifications and discussions with the project engineer, KJeinfelder is committed to providing a level of service to its clients, commensurate with their wants and needs, If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder will consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms may result in changes to the risks assumed by the Owner as well as adjustments to our fees 630Y06PM029/CCH6P029 COP)'l'ight 2006, K1einfelder "EfNFElDFR 5002AmbassddorRow,CorpusChcls'l TX78416 [3611854-4774 i361i854-4924fax EXHIBIT "A" Page 2 of 7 SCOPE OF SERVICES DESCRIPTION Our scope of services for your project will include the following:- Task 1: Compaction Testing of Sand Backfill and Cement Stabilized Sand Material Kleinfelder will provide a soil technicIan on a call-out basis to perform the following services as needed and requested: Review proiect specifications and reauirements regarding; · Percent compaction and soil moisture content requirements · Compressive strength requirements of cement stabilized sand · Testing frequency - sand encasement - 1 density!] OOLF/lift i :ement stabilized sand - ] density/200 LF 'ompreSSlve strength oj cement stabilized sand -1 set/500 LF ~i Obtain sample(s) of proposed material for laboratory evaluation; ;,. Perfonn appropriate field testmg to detennine in-place moisture/density conditions; ~ Document field test locations; ~ Report failing test results to the Project Manager and Contractor's superintendent; ~ Re-test areas of failing moisture/density test results to document compliance with project specifications; Task :' Concrete Testing Kleinfelder will provide a technIcian on a call-out basis to sample concrete and perform the following test as needed and requested: Review proiect specifications and requirements regarding; · Design strength / identification · Testing frequency - I set/50D LF ~ Perform appropnate field testing procedures to document slump, air and concrete temperature, air content as specified; )> Document field placement locations; " Produce and transport specified concrete test cylinders for laboratory testing; );. Laboratory curing and compressive strength testing aftest cylinders; ,.. Report results of field and laboratory test data and placement locations; ." Notify Project Manager and Contractor regarding failing field and laboratory test results 630Y06PM0291CCH6P029 Copyright 2006. Kleinfelder "LEJ;'\JFELDE~' som i\mba,sador f.;, N, Corpus (~ri" ]X ';1416 31;111:b4--I7;4 U61i l!'A.4924 fax Page 2 of 5 April 4, 2006 EXHIBIT "A" Page 3 of 7 T;.1S Ie 3: Asphalt Testing Klemfelder will provide a technician to sample fresh asphalt paving for laboratory test as requested: ReView project specifications and reQuirements regarding: · Obtam sample(s) of proposed material for laboratory evaluation · Testing frequency -. 1 sample/500 tons }.. Document field test locatIOns; Y Report results of field and laboratory test data; }. Notify Project Manager and Contractor regarding failing field and laboratory test results Task 4 Project Management and Report Preparation Kleinfelder's Project Manager will provide general oversight, coordination with field technicians, phone consultations, and report reviews. Site visits and meetings as requested and approved by the client can be included in the scope of work as an Additional Service. The Project Manager will also be available to assist with engineering consultation and resolution of problems should they occur and as requested and approved by the client. KJeinfelder will also provide the administrative services to include project set-up, dispatch and scheduling services, word processing and report preparation, report reproductions, faxing and mailing of reports, general file maintenance, invoicing and collections. PROJECT FEES The above-described services will be performed on an hourly and unit rate basis from portal to portal. The actual cost will depend on the amount of work requested, the contractor's schedule, and potential delays due to weather. A one-hour minimum charge per trip will apply. Our rates are based on a normal 40-hour workweek. Any costs incurred by overtime, weekend, or hqIiday time will be charged at a rate of one and one-half the rate presented below, in addition to the rate presented. A premium of fifty percent will be applied to laboratory testing requested on a rush basis. [f this information or time schedule should change, we will contact you to discuss adjusting our fee accordingly. JnVOlces will be preparea and submitted on a monthly basis. Please note that invoices are due upon receipt. The fees presented in this proposal are based on prompt payment for seliVices presented in our standard invoicing format. Addibonal charges will be applied for speci14ized invoicing if backup documentation is needed. These special services will be charged on a time- and expense basis. Late fees will be charged if payment is not received in accordance with ~enns contained in the attached Professional Services Agreement. 63 OY06PM029/CCH6P 029 Copyright 2006, Kleinfelder Page 3 of5 April 4, 2006 <LEINFElIlH; :;Oll) "'.ml'cw;ild ,rR( CWpllS 111>1 '\ '84l(, 1(,!id',.).4!;,1 c:l6118'i4.4g24hx SCHEDULE AND VNIT FEES We request that our dIspatch oflice (361-854-4774) be contacted at least 24 hours in adViance of any necessary tests and observations. Kleinfelder personnel will not direct, layout, or su,pervise the construction operations for the project, nor will we alter or change the project plans, specifications, or reports. 1n order for us to accomplish our work scope, we must receive one set of the approved project plans and specifications prior to the start of our services We propose to perform the scope of services outlined above on a unit fee basis in accordance ,"vith the attached Fee Schedule. Our estimate of the total cost of our services i~ about $40,559.00. Please understand that this is an estimate, and is not a guaranteed lump sum amount, and is subject to change dependent upon tbe Contractor's schedule. This estimate dqes not include additional time and expense associated with retest of failing materials. Any additional services outside thJs proposal wit! be chargeable at our current rate schedule. AUTHORIZATION You may authorize this work scope by issuing a City of Corpus Christi contract. LIMITATIONS Construction testing and observation are techniques employed to reduce the risk of prqblems arising during construction. Provision of these services by KJeinfelder is not insurance, nor does it constitute a warranty or guarantee of any type. Even with diligent construction testi~g and observation, some latent construction defects may be missed. In all cases, contractor~ shal1 retain responsibility for the quality of their work, for adhering to plans and specifications, ~nd for repairing defects regardless of when they are found. In the absence of continuous obseniations by KJeinfclder personnel during site earthwork, we are not able to express an opinion regkrding tbe adequacy of site preparation 0:" overall fill composition or compaction. During the course of the performance of Kleinielder's services, hazardous materials tn;ay be discovered. Kleinfelder will assume no responsibility or liability whatsoever for any clain!t, loss of property value. damage, or injury which results from pre-existing hazardous materials ibeing encountered or present on the project site, or from the discovery of such hazardous material~. Kleinfelder offers a range of testing and observation services to suit the varying needs of our clients. Although risk ;:an never be eliminated, more detailed and extensive testin~ and observations yield more mfonnation, wloich may help understand and manage the degree of risk. Since such detailed servIces involve greater expense, our clients participate in determi.nirlg the level of service that will provide adequate information for tlJ.eir purposes at an acceptable lehl of risk Acceptance of this proposal will indicate that the client has reviewed the scope of s~rvice and determined that it does not need or want more services than are being proposed at thisitime. Any exceptions should be noted and may result in a change in fees. Kleinfelder will perform its services in a manner consistent with the standard of care and skill ordinaJilv exercised by members of the profession practicing under similar conditions ih the 630Y06PM0291CCH6P029 Copyright 2006, K1einfelder Page 4 of 5 April 4; 2006 LEINF[l n~F S002 t'n,b,,'.s,l(hr R,\;. (l'pUS (hrl,t 1"!1416 ,S-;~...j77;1 j('111i).~-492'1 tdX geographic vicinity and at the time the services will be perfonned. No warranty or guarantee, express or implied, is provided as pan of the services offered by this proposal. This pkoposal neither makes nor intends a warrantee or guarantee, express or implied, nor does it dreate a fiducIary responsibility to Client by Consultant. We smcerely appreciate the opporturuty to be of service and look forward to working whh you on this project Smcerely, KLEINFELDER An Employee Ovmed Company ~it:SET Project Manager D___ f2- ~ Don R. Rokohl, P.E. Senior Geotechnical Engineer Attachments: Fee Schedule 630Y06P~029/CCH6P029 Copyright 2006, Kleinfelder Page 5 of 5 I Apri14j 2006 LEINfElDER '1002 r\ll1b;J~sMhr Rev, (OlpUS I ')rlS!1 r, -,~41h (1:~1 HS4-4774 '36111\,)4-4924 tax II I ~ i I I- l~ .:1 z J !~ ~! z il !~ J ii~ II . IL~jl Ii ji!,! :II! .~ 'ig 1!! ~- 511.. Ji Ii ii ! II I! I II.. J III 39\1d ~~~aaa~~ ~~ 8.8.~~~H~ ~~~ ! ~~.a~~~~ ~l ~~~~~8 ~~~ OlC")IONO CIO N 10'" ...........N ".. .... .. ...... ...,..: ,..: ...........tIt..M.. .. .. ......,....M6It .. ... ... 88888888 88 8~8888 000 a ooe::. . &d . . . . . . ~~ ~~:g:g~~ '"old ~",~:glij~~~ CIO~..,. N .... ! ............-......... ... ... ......-.......,. .,. ... ... "'~!N~~~~ r;;~ "....,...Q)Q)ij eNfL' I "''''N ~ ~'" <'.I"l...... MN ~.........."'~ ~~ .NCIOCIO ~. "'-~N~~ ~~ .N~CIO ~. .......-N~~ ~~ """lClOCIO 10. ............N..,.~ ~~ O)(O~~ ;:!co ...................~~ N~!DNQ)ONN :f.~ .... p;ii;,. ........... ~ (W) ,......._ NNNCIO~tQ .- ;; ~ ~ ~ ~ J ~ ~ ~ ~ ~ ~ ~ i I I - i .I I 1:= I j i .~ J~ m I ~ j l I ~J ~: Ill! j' ~ = ~ ~j !~~ i~iJ ~~ i ~ III). ~~!ijilt~iJi!l~j!Jlllltii~1 Rl~~&I~!~ Is~!!~~~~~I~~~ cf3Gi3::lN I Tl:>f D7.kVV~RTq~T JC~OO Ij II 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. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including $2,000,000 COMBINED SINGLE LIMIT 1 Commercial Form 2 Premises - Operations 3 ExplOSion and Collapse Hazard 4 Underground Hazard 5 Products/ Completed Operations Hazard 6 Contractual Insurance 7 Broad Form Property Damage 8 Independent Consultants 9 Personal Injury AUTOMOBILE L1ABILlTYuOWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS= WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY; $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 at [Xl NOT REQUIRED contaminants BUILDERS'RISK See Section B-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [Xl NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section 8-6-11 and Supplemental Insurance Requirements [] REQUIRED [Xl NOT REQUIRED Exhibit "8" . Insurance Requirements Page 1 of 3 '-' 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 ofthem 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:- Buildor's Risk Covor3go: Coneult3nt will bo rm:ponsiblo for providing buildor's risk insur3nco cover3ge for tho term of tho contr3ct up to and including tho d3tO tho City finally accepts the project or work. Buildor's risk coverage shall be ~:m "1\11 Risk" form. Tho policy shall be a completod value form. The Consult3nt sh311 provide such buildor'e; riE:k covor3go 3t I03st in the 3mount of $ ( DOLL/\RS) which iE: ostim3tod to be the v31ue 3t complotion of the ro31 or perE:onal proporty to bo com:tructod, repaired or othel"Niso imprevod under the contr3Ct. Cone;ult::mt Sh311 bo responsible for p3ying 311 Goets necess3ry to procure such Exhibit "B" Insurance Requirements Page 2 of 3 buildor'g rigk InE:Ur~nce coverage, including ~ny deductiblo. Tho City shall be namod an additional inwrod on Jny policy providing guch insuranco CO\./or~ge. ! liOn the certificate (ij 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 D-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. Exhibit "B" Insurance Requirements Page 3 of 3 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: , 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. 2 Perform technical services under the general direction of a licensed engineer and ,n 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". .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. A Utilize testing equipment which has been calibrated according to applicable standards and. upon request, submit to the "CITY ENGINEER", or his authorized represel'tative. documentation of such calibration. Secure 'epresentative 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. .5 Consldel reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER" '.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. '.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: Z.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 a,1 shops or yards where matenals are prepared or stored. 2.3 DeSignate in wntlng 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 "C ITY" 'epresentatives may have different types of authority concerning THE PROJECT (Revised January 1998) Exhibit "C" Page 1 of 3 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 III accordance with that established by mutual agreement of the parties ?5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: i a) Stop work at the appropriate times for "LAB" to perform contracted services: ib) ;:urnlsh SUCrl labor and all facilities needed by "LAB" to obtain and !andle samples at THE PROJECT and to facilitate the specified nspection and tests; i C) ::>rovlde and maintain for use of "LAB" adequate space at THE ::JROJECT for safe storage and proper curing of test specimens which Y1ust remain on THE PROJECT site prior to, during, and up to 60 days 1fter testing ARTICLE 3. GENERAL CONDITIONS 1.1 "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 reJectior' 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 samoling, testing. or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "C ITY" dnd "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" [If any other party (Revised January 1998) Exhibit "C" Page 2 of 3 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 followin~1 the date of submission of any report related to the sample. Following the rete"tion penod, "LAB" will dispose of non-hazardous samples, and return t18zardous, acutely tOXIC. or radioactive samples and samples containers and residues to "CIlY" . 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 bv 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, Includin~; 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 L\GREEMENT 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. (Revised January 1998) Exhibit "C" Page 3 of 3 ,.... .' . City at Corpus _ _ ChnstJ ~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christl Ordinance 1 112, 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 "r--Ju:\. FIRM NAME: Kleinfelder STREET: 5002 Ambassador Row FIRM is: 1 Corporation X 5 Other CITY: Corpus Christi ZIP: 78416 2 Partnership ____ 3. Sole Owner 4. Association 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. r~ame Job Title and City Department (if known) ._NiA 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 _N/A. 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 N/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/A -----.. -------- 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 Cltv of Corpus Christl, Texas as cnanges occur Certifying Person Jerry Upstreu , ( I ype or Prlny', / Signature of Certifying Person_.. 0::)~' Title: Area ManaQer Date: '-I ~ 2.. () toG EXHIBIT "0" Page 1 of 2 DEFINITIONS a 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 whicn, for purposes of taxation, are treated as non-profit organizations. 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. 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 frusts, 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 ourpose of professional consultation and recommendation b c cI e