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Home My WebLink AboutC2006-183 - 5/23/2006 - 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 KLEINFELDER a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Jerry lipstreu, S E T....Area Manaqer, which agree as follows: DECLARATIONS: "CITY" deSires to engage "LAB" to provide services in connection with City's project, described as follows PROJECT") Souths ide Water Transmission Main Phase 6 _ GeotechnicallnvestiQation (Proiect No. 8392) L SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanymg Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C" < 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 $59,700.00 (in figures) Fiftv-Nine Thousand Seven Hundred Dollars and Zero Cents (in words), Note: The fee is subject to the availability of funds The Consultant may be directed to suspend work pending receipt and appropnation of funds A Cash FloVv InVOIce Schedule is required and is included in this contract as Exhibit "A-1 The Cash FloVv Invoice Schedule is to specify by month--for the duration of the contract--an estimate of InVOices to be submitted bv the Consultant to the City 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 "B' by an msurance company acceptable to the City. The Consultant further agrees tc indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and emoloyees as more fully set forth In Exhibit "B" 5 CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: "CITV" warrants to 'LAB" that to the best of its knowledge, based upon currently available information, the onlv 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 relymg upon the above warranty in undertaking to perform the services described in this AGREEMENT CITY OF CORPUS CHRISTI >>,/ ~h<< f \ ~ ,)- J. .~ Vv\:>\../~~ ".- C{,. Ronald F Massey (f)~te) Assistant City Manager ' Operating Department ~~7~b (Date) 5liolDlo (Datel , ~'-Y--{ ,,--x"l ttL~: </'.~. '~1.' V~j' ...'l.J .-J.~ 'i. 1..../ -,; '.)r,,--.;-~E~' .-; ,HOME\RachplleIGEN\WaterIONSW' P18192- f Kleinfeldt'r KLEIN FELDER / r. .\ S~-/I r:;; (Date) Jerry Li str Area Ma er 5002 Ambassador Row Corpus Christi, TX 78416 361-854-4774 (Office); 361-854-4924 (Fax) Project No: 8392 Funding Source: 550920-4475-00000-180185 Encumbrance No. 11\ '7<..t~ -is'; '.. I ._...._...._..._ A'J I.. vFi..1.- 2006-183 ", '5.)..,3 L-f; OS/23/06 "'.,,, _........'>J_7-_."1.~, \U006-151 "._ __....._....~ SEctn An ' t "It.---- III KLEINFELDER May:' .:::CI06 Mr. Joe l'rejo, PE Engineenng Services Department City 0 r Corpus Chnstl P.O. Bo>.: 9277 Corpus Christi. Texas 78469-92T Reference Proposal for Geotechnical Investigation Southslde Water Transmission Main Phase 6 City Project No.: 8392 Corpus Chlisti. Texas Dear I\1r Trejo: In behalf of Kleinfelder, it is m) pleasure to provide you with this proposal to serve as your geotechnical consultant for Phase 6 of the Southside Water Transmission Main project. This letter transmits our work scope proposal to conduct a geotechnical investigation for the project. This proposal is based on project information provided to us by Mr. Doug McMullen, P.E. of Urban Engineering Details of the proposed work scope and estimated cost of the investigation are described in Attachments A and B. If you should have any questions regarding these materials, please feel free to call me. We look forward to working with yOU and thank you for this opportunity. Sincerely. KLEINFELDER 4n Empiovee Owned C'ompan) ~ 12 eJ4 Don R. Rokohl, P.E. Z;;;$J;;;~:r FUr Jerry Lipstreu, S.E.l Area Manager 630V06PG025R1CCH6P025R Copyright 2006. Kleinfelder ';[ Ell)f "l(),' .\,qh"."w')r f. )w (..rf'l" (I 1\-84" ,hl,g,44--4 i>[)iJS4-4924tax EXHIBli "A" pc:ge" of 6 Attachment A: Work Scope Description Geotechnical Investigation Southside Water' Transmission Main Phase 6 City Project No,: 8392 Corpus Christi, Texas Introduction: The project will irvnlve the Phase 6 construction of the Southside Water Transmission Main in Corpus Christi The line ""rill commence at the west edge of the Laguna Madre and tenninate or Padre Island at the intersection of Sea Pines Drive and Park Road 22 in Cor:)us Christi, Texas. The pipeline will have a total length of about :t 27,000 lineal feet in its present route The Water transmission main will be installed by conventional marine open cut techniques, horizontal directional drilling techniques, and open cut techniques. Exploratory Borings: As indicatec by the current water line route and site plan, the investigation wiJl include the following exploratory boring schedule. 7 Laguna Madre Laguna Madre near Intracoastal Waterway On Spoil Island -. USACE DMP A 178 Padre Island .. Cape Summer Subdivision Padre Is:and - Cape Summer Subdivision Padre Island - Sea Pines Drive 15 35 65 65 15 15 L~=.L ~o Eight [8J bore locations will be located offshore in the waters of the Laguna Madre. These locations will be drilled with a barge mounted drill rig. One [IJ location, planned on the Spoil Island (1JSACE DMP A 178), will be drilled on the island using an amphibious mounted drilling rig. rhe remaining five [5] bore locatIOns will be located onshore and will be drilled using an all-telTain marsh buggy mounted drill rig We plan to recover undisturbed samples of cohesive clay soils for laboratory testing and analysis. Standard Penetration tests (SPT) will be conducted in the event that non-cohesive soils or soft soils are encountered. AJ recovered samples will be properly labeled, wrapped and sealed. All samples will De returned to our laboratory where they will be reviewed and representative samples selected for testing. May 5, 2006 630Y06PG025RJCCH6P025R Copyright 2006. K!einfelder 1\ LEINFELDFR S002 ,'\mbJ"ador :<. lV\', (orpu, "fi') \ 7841 (. 361: 8:,4-47;-4 \](,!. 854.4924 fax EXHIBIT "A" Page 2 of 6 Attachment A, Page 2 Southside Water Tran..mission Main Phase 6 Corpus Christi, Texas Select on-land boreholes will be temporarily plugged upon completion to allow delayed 24-hour groundwater observations. After delayed groundwater observations, these boreholes will be permanently backfilled with cuttings In addition to the s01l borings, SIte field resIstIvIty surveys will be conducted for the investigation. A resistivity survey will be performed at each on-land boring location using the Wenner array method of determining apparent resistivity. We understand that additional resIstivity surveys may be conducted at a later date depending upon the findings of the initial stud \' . Om scope will also include the services of a biologist to satisfy the requirements of the USACE penni! We will conduct a baseline seagrasses survey prior to mobilizing our equipment to the site. During the field work, we \vill have a biologist on-site (at each bore location) to monitor any effects our operations may have on the seagrasses. We will also attempt to take photographs of the submatine environment at each location. We do not anticipate the need for aerial photographs, either pre or post field v'iOrk. for our purposes. Laboratory Testing: The recovered soil samples will be tested in our laboratory using the following tests intended 10 characterize the soil physical properties. This information is required for our analysis of pipe thrust restraints, slope stability, bedding/backfill requirements and related design criteria needed by the prime engineering consultant. Atterberg LimitsCests Percent Passing #200 Sieve Moisture Contents Unit Dry Weights Pocket Penetrometer ConsistenCIes Cnconfined Compressive Strengths ~)-U Triaxial Compression Tests pH & Soil Box Resistivity Tests Sulfate, Chloride. & Sulfide Concentrations (Soil & Groundwater) Engineering Analysis, Recommendations and Report: Our project engineer will supervise the field and laboratory investigations and prepare the geotechnical engineering report. The results of the field exploration and laboratory testing programs will be used in our analyses and provide the basis for our recommendations. We 'Will provide the results of our investigation in a formal written report. It will include a boring location plan, boring logs and laboratory test results. The repon will also describe our analyses und evaluations of pipe system thrust restraints (i.e., passive pressures and sliding reslstant), slope stability, apparent earth pressures, bedding/backfilling requirements, dewatenng issues, and tunneling considerations. In addition, discussion of corrosion potential for concrete and steel in contact with the soils will also be provided A total of five copies of+he geotechnical report will be forwarded upon completion. 630Y06PG025RJCCH6P025R Copyright 2006. KlelOfeJdel Ki fl"lfEl.Df R 'i002 Al'lb2~,,,d(l1 Ro (0111.1<; ( 'vi"l May 5, 2006 "'841(, ;iJ i IE4.4774 ;361 8S4.4Q24 fax EXHIBIT" A" Page 3 of 6 Attachment A, Page 3 Southside Water Transmission Main Phase 6 Corpus Christi, Texas The engineering report will also address the following specific items: · Suitability of excavate soils for reuse in the project · Slope stability analysts for the Spoil Island and the edge of Padre Island including effects of live loads · AlJowabIe bearing pressures of the in-place materials and, if applicable, consolidation settlement · Anticipated settlement that may occur during construction · Stabilization methods for unstable areas · Document any samples that contain unusual staining or odor · Provide a delineation offill material encountered in the boreholes · Provide discussion ofhorizontaJ direction drilling and suitability to the project · Provide a subsurface profile of conditions encountered in the boreholes along the alignment. Estimated Cost: The total estimated cost of our work is sununarized as follows: . Field Work . Laboratory Testing . Engineering Analysis and Report $39,300 $ 7,600 $12,800 Total Estimated Cost $59,700 As part of the services, t1e above estimated fee includes the cost for a total of eight [8] sulfate, sulfide, and chloride t,~sts for evaluating corrosion potential ()f the in-place soils and groundwater. The cost for additional sulfate, sulfide, and chloride testing (sailor groundwater samples) is $100.00 per sample. The total estimated cost presented above includes testing of 6 soil samples and 2 grounctwater samples The above estimated fee for L.1e basic services also includes conducting a total of five [5] field resistivity surveys (one fleld resistivity survey per on-land boring location). As requested, the unit rate for additional field resistivity surveys is $375 per location. This unit rate assumes that the surveys VI'iIJ be;.:onducted sub sequentially. 630Y06PG025R1CCH6P025R Copyright 2006, Kleinfelder KLEINFFLmR)Om .'I111bassadi'! K'N, (emu, 'hri'! 1\ 78416 IJh! il-;':.477" 1361 854.4924 iax May 5, 2006 EXHIBIT "An Page 4 of 6 Attachment A, Page 4 Southside Water Transmission Main Phase 6 Corpus Christi, Texas We will complete our assignment. as we now understand the scope, for this lump sum fee. We will not exceed this estimate total unless the project work scope changes and unless 'written authori7,ation is received If services beyond our above stated scope are requested, they will be performed at The rates provided in Attachment B. This fee includes location of the borings at the site and seeking location'l o(undergrOlmd utilities that may be present at the site. Suncying and Access to Boring Locations: The fee estimate above assumes that the client will pro \'1 de right-of-access to the property and that the boring locations are accessible to our drill rigs We have included locating soil borings in the field as part of our services. We plan to mark the bonng locations once GPS coordinates are provided by the prime civil engineering consulting firm Urban Engineering Furthermore. clearance of underground utility lines is also included as part,)f services. 630Y06PG025RJCCH6P025R Copyright 2006, Kleinfelder KLEINFELDER ">002 A.mba"adc Ro". Cwpus ('l'i,t' X 78416 \(>1) H~4-1771 ;3(,1) 854-4924 lax May 5, 2006 EXHIBIT "A" Page 5 of 6 Unit Price Fee Schedule Geotechnical Investigation Southside Water Transmission Main - Phase 6 Corpus Christi, Texas Description 1.0 Field Exploration Services 1.1 Mobilization and De-Mobilization of Truck .\1ounted Drill Rig, Crew and Support 'I ehicb 1.2 Vehicle Trip Charge 1.3 Drilling and Sampling Charges a.) All-Terrain Vehicle Mounted Drill Rig b.) Barge Mounted Drilling Rig c.) Amphibious Track Mounted Rig 1.4 Field Logging J.5 Field Coordination & Utility Check 1.6 Boring r .ocatlOn I.ayout 1.7 Boat Rental 1.8 Field Resistivity Testing 1.9 Per Diem 1.10 Turbidity Curtams 1.11 Subcontract Services (If Necessary) 2.0 Laboratory Testing 2.1 Atterberg Limits Tests 2.2 Percent Finer than Nu. 200 Sieve 2.3 Gradation wI Hydrometer 2.4 Moisture Content, only 2.5 Unit Weight and Moisture Content 2.6 Pocket Penetrometer Consistency 2.7 Unconfined Compressive Strength 2.8 tI-L Triaxial Compressive Strength 2.9 pH & Soil Box Resistivity 2.10 Sulfate, Chloride, & Sulfide Content 3.0 Engineering and Technical Services 3.1 Senior Geotechnical Engineer (P.E.) 3.2 Staff Geologist 3.3 Field Biologist 3.4 Draftsman/CADD Operator 3.5 Administrative Assistant L nit Price Fee $2.50 per mile SO.50 per mile $9.50 per foot $2300.00 per day $2700.00 per day $42.00 per hour $110.00 per hour $84.00 per hour $200.00 per day $375.00 per location $91.00 per man-day $3400.00 Cost + 20% $65.00 each $28.00 each $65.00 each $9.00 each $22.00 each No Charge $29.00 each $65.00 each $160.00 each S 1 00.00 each $110.00 per hour $75.00 per hour $95.00 per hour $45.00 per hour $45.00 per hour The unit prices stated above will apply for the work scope described in Attachment A. We will not perform additional work outside the present work scope without prior consultation and approval Subcontract services, if needed. will be charged at cost + 20%. 630Y06PG025RJCCH6P025R Copyright 2006. Kleinfelder !<LEINFELU,R :;002 Al11b,1ssad,)r Ru,v. May 5,2006 liris" ~8416 ;():ii<')4cj77~ ,'lr' 8,'i4-4924fax EXHIBIT "A" Page 6 of 6 SOUTHSIDE WATER TRANSMISSION MAIN PHASE 6 CITY OF CORPUS CHRISTI - PROJECT # 8392 CASH FLOW INVOICE SCHEDULE MON & YEAR INVOICE AMOUNT - -- __~.~t:~~,_?9_~?__ _ _ _ _ _~_ _ _ _ _~~,_~99__q9__ _ ~~9~~~?, 29.Q?.. .__ .~. 29.-40000 $ ~ .... . ~ - - . $ AMOUNT PAID DATE PAID BALANCE DUE - -~.. - .. . - - -...... .. - - - --.. - -.. - - -... -~.. ~~,.~9_q.g9_.. _ _....._ $ - -....- -_. ......----..--- -~__?~,.~9_q-g9________.._ $ $ $ . ..- .~- -~~ ____._M____~~__ _$_......._.._.....__........._..___ -. --_"___ _.. ~_w~_______.__... ___...__.....__....._.................... Total $ 59,70000 $ $ 59,700.00 EXHIBIT "A-1" Page 1 of 1 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 30-Day Notice of Cancellation required on all certificates Commercial General Liability including 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 L1ABILlTY--OWNED NON-QWNE OR RENTED I WORKERS' COMPENSATION I EMPLOYERS' LIABILITY EXCESS LIABILITY PROFESSIONAL POllUTION LIABILITY, ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & aCCidental discharge; to in long-tern environmental impact for the disposal of contaminants I BUllDERS'RISK ! i I INSTALLATION FLOATER ! L-__ MINIMUM INSURANCE COVERAGE _. Bodily Injury and Property Damage $2,000,000 COMBINED SINGLE LIMIT D $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 $1,000,000 COMBINED SINGLE LIMIT i $2.000,000 COMBINED SINGLE LIMIT I elude I [ ] REQUIRED [X] NOT REQUIRED - I I See Section B-6-11 and Supplemental Insurance Requirements i [ ] REQUIRED [X] NOT REQUIRED $100,000 Combined Single Limit See Section 8-6-11 and Supplemental Insurance Requirements [] REQUIRED [Xl NOT REQUIRED Exhibit "B' Insurance Requirements Page 1 of 3 C: I n the event of accidents of any kind l 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. POBox 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 'Nill be responsible for providing buildor's risk insurance coverage for the term of the contract up to and including the date the City finally accepts the prOject or 'Nork. Builder's risk coverage shall be ~m "All Risk" form. The policy shall be a completed value form. The Consultant shall provide such builder's risk coverage at least in the amount of $ ( ----- DOLLARS) 'I/hich is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherv/ise improved under the contract Consultant shall be responsible for paying all costs neoessary to prooure such Exhibit "8 insurance ReqUirements Page 2 of 3 builders risk Insur~nce cover~ge, Including any deductible. The City sh~1I be named an additional insured on ~my policy providing such insuranoe coverage. IlL 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 "B' 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. 1 4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request. submit to ti1e "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 23 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 bv 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 appropnate 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 authonzed 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 nght 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 Contractors 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 I-)IS 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 monitonng by "LAB" or its subcontractors does not mean that "LAB" is approving placement of matenals Inspection is not and should not be construed to be a warranty by "LAB" to the "CITv" or any other party. 4.2 Samples collected O! 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 :Jf 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 providtng 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 orai. 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 any one or more of the provisions contained In this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never Included in this AGREEMENT No waiver of any default will be a waiver of any future jefault 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 ~ City of .. 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 N/A" FIRM NAME: Klemfelder STREET: 5002 Ambassador Row FIRM is: 1 Corporation,,~_ 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. Name Job Title and City Department (if known) N/A 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. Stllte 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. Stllte 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 City of Corpus Christi. Texas as changes occur Certifying Person Jerry Lipstreu, SET (Type or Print) r. .~ ~/1;; ~. '. /1/ ! -- /1 Title Area Manaqer Signature of Certifying Person _ Date ~ r, ) C' - ) b EXHIBIT" Page 1 of 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'J'oint stock company, joint venture, receivership or trust and entities whi6h, for purposes of taxation, are treate 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 holaing or control established through Joting 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 purpose of professional consultation and recommendation b c d e