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Home My WebLink AboutC2006-562 - 12/19/2006 - ApprovedAGREEMENT 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 PR(~ESSK~NAL SERVICE INDUSTRIES. INC., a Texas corporation or partnership, "LAB", acting through its duly authorized representative who is Paul Clemones. C. E. T.. Proiect Specialist, which agree as foilows 1 DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with uity's project, described as follows Up River Road from Rand Morqan Road to McKinzie Road PROJ ECT°. 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 ;;onditions to AGREEMENT attached as "Exhibit B" 3 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 $52,000.00 ~ in figures}, (FiftY Two Thousand Dollars and Zero Cents) (in words). 4 CITY'S DISCLOSURE OF HAZARDOUS 8~ 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 b he laws and regulations of the ~ederal government, the state, and city which exist at the PROJECT~I / are as follows: None CITY OF CORPUS CHRISTI ~ ~L~,S~~ W~~-- ~ 2~' ~ ~ i;~ Ronald F Massey, ( te) Assistant City Manager INDUSTRIES, INC. ///Zg/~ Paul lem~nes,-C. E~. f. 810 outh Padre Island Drive Corpus Christi, TX 78416 (361) 854-4801 Office (361) 854-6049 Fax D AS TO FORM D'~d~6r df Engr. Services (Date) - U(J/~ ~--. -~ ~ ~ ~ 3f~',~, Leg~ Department (Date) , ~ 1~ G ' O er~ting Department (Date) t,TTEST Ml~r~c„~..1..~~t~=--..... ~~1nU~~~~~. ..... ~Y t~EttlMrK ~ ~- ~~,~ ~,.......~ ..~ sEC~r~-~ ~ ~ARM/AWOOOHAf?lll ~ _ _..__,....a. V~T ~ / e ' M Project No. 6265 Fund Source No. 550920-3541-00000-170530 Encumbrance No. 2006-562 12/19/06 MGOOG-~Q EF' ROAD',l ESTINGITESTING AGREEMENT Professional Service Industries RECE~VED ' Information .ToBuild On Ens~M, • co,a~,lltlfr,s • UaEh,g, NOV 0 2 20U5 ENGINEERlNG SERVICES ~'ested Fc~r: City of Corpus Chri,ti Project: Up River Road- Rand Morgan Rd. Department of Engineering Services to McKenzie Rd. P.O. Box 9277 City Project No. 6265 Corpus Christi, Texas ?8469-9277 Scope of Work Materials Testing Attn: Mr. ~ngel Escobar, P.E. Date: October 31, 2006 PSI Proposal No.: 325-6044 Professional Service Industries, Inc. (PS~ is pleased to submit this proposal to perform Construction Materials Testing and Inspection Services for the Up River Road - Rand Morgan Rd. to McKenzie Rd. Project in Corpus Christi, Texas. PSI proposes to provide experienced technical personnel to perform the necessary testing and inspection services in accordance with your request. On the basis of the Testing Schedule provided by Maverick Engi~eering, Inc. (reference Drawing No. STR 776, Sheet 3 of 146 dated 10/3/2006), we estimate the cost of our services to be on the order of $52,000. Copies of the PSI Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal. PSI's fees will be determined by the actual amount of technical time expended and the amount of laboratory testing performed. PSI will proceed with the work on the basis of verbal authorization; however, a signed copy of this proposal i~Eact must be returned before any reports are issued. Respectfully submitted, Prof~essionol Service Industries, Inc. ~~r~ v ~ Presfon S. Pazker, P.E. Paul Disttict Manager pro~e cc: Dennis Miller, P.E. (Maverick Engineering) For ~thorization to proceed with this project, please sign, date and return one (1) copy of this proposal. AGR~ED TO THIS ~DAY OF B~'~ TTTLE FIRM: 2006. Please indicate invoice address (if different from above) and report distribution: _ _ -__ ---- ----- -~ Profeseional Service Industries, Inc. • 810 South Padre Island Drive • Corpus Christi, TX 78416 • Phone 361/854-4801 • Fax 361/854-6049 ,... .. ~.. ..... .,~. ._ ~..,~. s. .,~,~.R,,.. ~ City af Cocpus Christi October 31. 2006 PSI Proposal Number: 325-6044 Page Two of Six ESTIMATED FEE FOR TESTING SERVICES PER THE TESTING SCHEDULE PROVIDED BY MAVERICK ENGINEERING I. SOILS 147 Engineering Tech @ 32.50/hrs ...............................................................».........................»... 49 Trips @ 35.0(I/trip ................................................................................................................... lU Hours Project Manager @ 70.00/hr ...................................................................................... 2 Standard Proctor @ 152.00/ea ............................................................................................... S Modified Proctors @ 175.00%s . ............................................................................................ 5 Atterberg Lim~ts (Pn @ 61.00/ea . ......................................................................................... 5 LA Abrasion C~ 220.00%a . ..................................................................................................... i CBR @ 450.00/ea .................................................................................................................... 1 Wet Balt @ 16~.00/ea .............................................................................................................. 1 Tex Trisxial @ 370.00/ea . ...................................................................................................... 5 Sieve Analysis @ 70.00%a . ..................................................................................................... 267 Soit Compaction Tests @ 17.OOfea ......................................................................................... 134 Base Material Compaction Tests @ 17.00%a . ...................................................................... 88 Curb Line De~ties @ 17.00/ea ............................................................................................. Sub-Total ................................................................................................................................. II. CONCRETE $ a,~~~.so $ 1,715.00 $ 700.00 $ 304.04 $ 875.00 $ 305.00 $ 1,100.00 $ 450.00 $ 160.00 $ 370.00 $ 350.00 $ 4,539.00 $ 2,278.00 14 .00 $19,419.50 291 Hours Engineecing Tech. @ 32.SOJhrs . ................................................................................. $ 9457.50 97 Trips @ 35.00/trip ................................................................................................................... $ 335.00 38$ 12x6 Concrete Compressive Test Cylinders @ 17.00%a ...................................................... $ 6596.00 25 Cytinder Pick Up Fee @ 81.50/trip ....................................................................................... $ 2037.50 20 Hours Project Manager @ 70.00/hr ...................................................................................... 1 .00 Sub-Total ................................................................................................................................. $22,886.00 III, ASPHALT 8t1 Hours Engineering Tech. Asp6alt Placement @ 32.50/hrs . ................................................ $ 2600.00 16 Trips @ 35.OO/trip ................................................................................................................... $ 560.00 16 Extraction and Sieve Analysis @ 165.0(1/ea .......................................................................... $ 2640.00 16 Lab Density & Stability @ 75.00/set ..................................................................................... $ 1200.00 16 Theoretical Maximum Specific Gravity (Rise) @ 75.00/ea . ................................................ $ 1200.00 9 Asphalt Cores @ 75.OO/ea . ..................................................................................................... $ 675.00 9 Core Densities, Percent Air Voids & Thickness @ 35.0(i/ea . .............................................. $ 315.00 6.4 Hours Project Manager @ 70.00lhr ...................................................................................... .00 Sub-Total ................................................................................................................................. $ 9,638.00 ESTIMATED PROJECT TOTAL .......................................................................................... $ 51,943.50 EXHIBIT "A" P e2of6 c~ty ~f co~s ce~;sc~ October 31, 2006 PSI Froposal Number: 325-6044 Page Three of Six PROFESSIONAL SERVICE INDUSTRIES, INC. SCHEDULE OF SERVICES AND FEES CONSTRUCTION QUALITY CONTROL CORPUS CHRISTI, TEXAS Effective January 1, 2006 FIELD TESTING SERVICES Engi~eering Technician (minimum of 3 hours) ..........................................................................$ 32.50/hour a) Concrete Placement Inspection (Casting Cylinders) b) Soils Placement Inspection (Density Testing) c) Asphalt Placement Inspection d) Soil Sample or Cylinder Pickup (minimum 1 hour) Use of nuclear density device during qual~y conirol of fill or base placement (compaction test) ......................................................... $ 17.00/test SPECIAL FIELD TESTING SERVICES Senior Engineering Technician (minimum of 3 hours) ........................................................ a) Drilled Pier Inspection h) Pre Pour Inspection c} Pre-cast Plant Inspection d) PorEland Cement of Asphaltic Concrete Batch Plant Inspection c) Visual Weld, Bolt, and Nelson Stud Inspection fl Fireproofing Inspection AWS Welding Inspections (min. 3 hours) ............................................... $ 35.OO/hour ............................. $ 70.00/hour Note: Ra~es for services such as Roofing Inspection, Pile or Plate Load Testing, Waterproofing Inspection, Windsor Probe Inspection, Structural Steel and Non Destructive Testing, Windstorm, and Forensic Investigations can be quoted upon request. AL'FERNATIVE - FULL TIME QUALITY CONTROL In order to achieve a more comprehensive quality control of your project, it may be to your advantage to have an Engineering Technician provide Full Time quality control of soil fill placement andlor concrete placement. In addition to the soils and concrete testing services described above, a Full Time Engineering Technician would be available to perform density tests as needed, closely monitor lift thickness, verify consistency of fill quality, monitor concrete placement, and other pertinent information at no additional charge. ~~~ ~, EX BIT "A" Pa 3of6 City ~ Corpus Christi October 31. 2006 PSI Proposal Number: 325-6044 Page Four of Six LA~RATORY TESTING SERVICES Labo€atory testing of soils, concrete, asphalt, grout, and mortaz samples, cylinders, beams, and cubes delivered to our laboratory in accordance with applicable ASTM procedures and project specifications: Soils Atterberg Limits Deternunation ....... ..................................... Linear Shrittkage ................ ............. ...... . .......................... Moisture Density Relationship a) ASTM D-698 (standard) ..... ........ . ...................... b) ASTM D-1557 (modified) .. . ...... ............... ........ Grain Size Analysis a) Dry ........................ ............. _...... ............... ........ b) Washed ................. ............. ...................... ........ Wet Ball ............ ... .......................... ........................ ........ Tx Triaxial ....................................... ................................. Los Angeles Abrasion ....... .............. ................................ CBR ... ... .......................... ............. ...................... ........ Pemyeability Test: a) Constant Head perrr~ability ........................ ........ b) Falling Head Permeability (ASTM D-5084) ......., Co ete .... ................................... $ 61.00 each ....................................... $ 36.00 each ....................................................... $ 152.00 each ....................................................... $ 175.00 each ...................................................... $ 57.00 each ...................................................... $ 70.00 each ..................................................... $ 160.00 each ..................................................... $ 370.00 each ..................................................... $ 220.00 each ...................................................... $ 450.00 each ...................................................... $ 215.00 each ......................................................$ 340.00 each Concrete rnix design verification by calculation ...... ...............................................................$ 95.00 each Concrete mix design (includes 4 compression cylinders) ........................................................$ 310.00 each Aggr~gate at~alysis for concrete mix design .............................................................................$ 100.00 each Labo~atory compression testing of concrete cylinders or cubes f inclt~des reserves not tested} .................................................................................................... $ 17.00 each Laboratory compression testing of concrete cylinders made by client .....................................$ 30.00 each Flexural testing of concrete beams (made in conjunction with full time quality control - includes reserves not tested ...........................................................................$ 35.00 each Asu~sltic C.encrete Mix design (Hveem or Marshall, 4 points) ............................................................................... $ 715.00 each Extraction and gradation ... ............. ........ ................ ...............................................................$ 165.00 each Molding Specimens (3 per set) ....... ........ . .............. ................................................................ $ 75.00/Set Stab~lity t3 per set) ............ ............. ...... ................................................................................ $ 75.00/Set Densit}~ (3 per set) ............. ............. ... .. . ...............................................................................$ 75.00/Set Aspt~altic Core .................. ............. ... .. . ...............................................................................$ 75.00 each Thec~retical Specific Gravity .................... .................................................................................$ 75.00 each Thickness and Laboratory Determination of Core Density .......................................................$ 35.00 each Note: Preparation of samples/materials for laboratory testing, if required, will be charged at $30.40 per bour. The fee for obtaining material samples from the field for laboratory testing will be b~led at the applicable personnel and transportation rates. ~"~:'~ EX IBIT "A" Pa e4of6 City af Corpos Christi C~cto~er 3 I , 2006 PSI Proposal Number: 325-6044 Page Five of Six ENG`irINEFRING SERVICES Engineering services for site inspection, test evaluation, contract administrati~n, supervision of taboratory and field personnel, consultation, and report review. a. Senior Regional Engineer .. . ...... . .................. b. Professional Engineer ........ ........ . .................. c. Project Manager ... ............. . ... .. . .............. ... RE1I~ARKS $ 125.00/hour . $ 95.00/hour .$ 70.00/hour The following applies to a11 work PSI performs unless otherwise addressed in the proposal: 1. L~nit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. 2. Overtime rates aze applicable for services performed in excess of 8 hours per day Monday through Friday, before 8:00 a.m. or after 5:00 p.m., and for all hours worked on Saturdays, Sundays, and Holidays. The overtirne rate is 1.5 times the applicable hourly rate. ~. All hourly testing will be on a portal to poRal basis from 810 S.P.I.D. Corpus Christi, Texas. Fractions of hours will be billed as whole hours. 4. Project Manager to schedule and supervise personnel and evaluate and review reports will be billed at a minimum of 0.2 hours per report. 5. Professional Engineer to review reports, supervision and coordination will be billed at a minimum of 0.1 hours pet report. 6. A transportation charge of $35.00 per trip will apply within the city limits with an additional $0.55 per mile outside city limits. ,. Rates involving mileage (including transportation, mobilization, vehicle and trip charges) are subject to change baseti upon increases in the national average fuel prices. 8. A minimum charge of three (3) hours applies to field testing and observation services. 9. Schedt~ling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum three (3) hour charge. l0. A project set-up charge of a minimum of two hours applies to all projects. 11. Services and fees not listed will be quoted upon request. ~~ ~ EX IBIT "A" Pa e5of6 GENERAL CONDITIONS 1. PARTIES AND SCOPE ~ WOF~t: Profess~onal Service In(N~stries Inc. (hereinafter referred to as "PSI") shall indude said comparry or its particular division, subsidiary or aifiliate performinp tAe work. "Work" means the fpec'rfic y~technicai, analytical, teBEing or other service to be performed by PSI as set forth in PSI's proposal, Cliem's acceptance thereof and these General Conditions. Additronal work ordered !~t Client s~a11 also be subject to these General Conditions. "ClienY' refers to the person or business eMiry orderinp the work to be done by PSI. If Client is ordering the work on behalf of another, Clie~t represa~ and warrarrts that it is the duly authorized agent of said parry for the purpose of ordering and directing said work. Unless otherwise stated in writing, Client assumes s~le responsibii~r for determining whether the quantity and the nature of the wo~k ordered by the client is adequate and sufficiem for ClienYs intended purpose. Ctient shall communicete these 6eneral Conditions ~O each and every third party to whom Client transmits any part of PSI's work. PSI shall have no duty or obligation to any third party greater than that set forth in PSI's pro- posal, CIieM's acceptance thereof and these General Conditi~s. The ordering ot work from PSI. or the reliance on any of PSI's work, shall constitute acceptance of the terms of PSI's proposal antl these 6eneral Conditions, regardless of the terms of any subsequently issued document. 2. TE8TS M!D IiiSPECTNINS: CIieM shall cause all tests and inspections of the site, materials and work performed by PSI or others to be timely and properly pertormed in accordance with tke plans, specrfications and contraci documents and PSI's recommendations. No claims for loss, damage ar injury shall be brought against PSI by Client or any third party unless all tests and inspec- tions have been so pertonned and urtless PSI's recommendadions have been follo~d. Client agrees to indemnity, defend and hold PSI, its officers, employees and agents harmless from any and ill claims, suits, losses, cosls and expenses, including, but not Gmited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's rec- ommendations are not so followed except to the extent that such failure is the result of the negligence. willful or wanton act or omission of PSI, its officers, agents or employees, subject to the lim- itation contained in paraptaph 9 3. St~IEDULINfi OF WOM(: The s~ces set forth in PSI's proposal and ClienYs acceptance will be accomplished in a timely, workmanlike and professional manner by PSI personnel at the prices quoted. If PSI is required ko delay ~nmencement of the work or if, upon embarking upon its work, PSI is required to stop or interrupt the progress of its work as a resutt of changes in the sco~ of the work requested by Gient, to fuMHl the requirements of third parties interruptions in the progress of construction, or other causes beyond the direct reasonable control of PSI, additional charges will be applicable and pay~le by C~eM. 4. ACCESS TO SITE: Clier~ will arra~e and provide such ac~s to the site as is necessary for PSI to pertorm the work. PSI shall take reasonable measures and precautiora to minimize damage ta the site and any improvements loc~ed therean as the resutt of fts wo~k or the use of its equipment; however, PSI has not included in its fee the cost of restoraGon of damage which may occuc If Clfenl desir~ or requires PSI to restore the site to its former conditian, upon written request PSI will perform such additional work as is necessary to do so and Client aprees to pay to PSI for the cast. 5. CL~NT'S DUT1f TO N~IFY EN~ER: Client represents and warrants that it has advised PSI of any known or suspected hazardous materials, utility lines and pollutants at arry sfte at which PSI is to da work hereunder, and unless PSI has assumed in wnting the responsibility of {ocaGng subsurface objects, structures, lines or conduits, CIieM agrees to defend, indemnify and save PSI harmle6s from all claims, suits, los~s, costs a~d expenses, including reasonable attorney's fees as a resutt of personal injury, death or property damage occuRing with respect to PSI's performance of its waN and resufting to or caused by contact with subsurtace or latent objects, structures, lines or conduits where the actual or poteMial presence and location thereof were not revealed to PSI by CIieM. 6. RESPONSIBILITY: PSI's work shall not include determinir~q, supervisfnp or implementing the means, methods, techniques, sequences or procedures of construction. PSI shall not be responsi• ble for evaluating, reporting or affeeting job conditions concerning heatth, safety or welfare. PSI's work or failure to perform same shall not in any way excuse any coMractar, subcontractor or sup• plier from performance of its work in accordance with the coMract dacuments. PSI has no right or duty to stop the comractor's work. 7. SAMPIE DISPOSAI: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60) days after subr~ission of PSI's report. 8. PAYINEliT: Clrent shall be invoiced once each month for Hrork pertormed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agroes to pay interest on all amo~nts invaC~ and not paid or objec~d to for valid cause in wMing within said thirty (30) day period at the rate of eiphteen (18) percent per annum (or the maximum iMer• est rate permitted under'pplicable I~v), until paid. Client agroes to pay PSI's cost af collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attomey's fees. PSI shall not be bo~d by any provision or agreemeM ~equiring or providing for arbitration of disputes or comro~ersies arising out of this agreement, any provision wherein PSI waives any rights to a mechanics' lie~f, or any provision conditioning PSI's right to receive payment for its work upon payment to Client by any third party. These General Conditions are notlce, where requirod, that PSI shalt file a lien w~enever r~sary to collect past due amounts Failure to make payment within 30 days of invoice shall constitute a release of PSI from any and all claims which Client miy have, whether in tort, corrtract or otherwise, and whether known or unknown at the time. 9. WAtiRAMTY: PSI'S SERVICES WtLL BE PERFORMED, ITS fINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENT'S ACCEPTANCE THEREOF, THESE GENERAL CONDITIONS, MID WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, PSI WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER S~AILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EITFIEP EXPRESS OR IMPLIED. STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASEO UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD PSI OR ANY Of ITS PROfE$SIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLI6ENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OP IMPLIED WARRANTY, R~RESEt~I#RTION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROU6H CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXIMl1M A6GREGATE AMOUNT OF THE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI fOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GREATER. IN THE EVENT CLIENT IS UNWILLIN6 OR UNABLE TO LIMIT PSI'S LIABfLITY IN ACCORDANCE WtTH THE PROVISIONS SET FORTH IN THIS PARA6RAPH, CLIENT MAY, UPON WRITTEN RE~UEST OF CLIENT RECEIVED VMtTHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF PSI'S LIABILITY TO $250,000.00 OR THE AMOUNT OF PSI'S FEE, WHICHEVER IS THE GREATER, BY AGREEINti T0 PAY PSt A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES. THIS CHARGE IS NOT TO BE CON• STRUED AS BEING A CFUIRGE FOR INSURANCE OF ANY TYPE, BUT IS tNCREASED CONSIDERATION FOR THE 6REATER LIABILITY INVOLVEO. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. NO ACTfON OR CLAIM, VI~iETHER IN TORT, CONTRACT, OR OTHERWISE, MAY BE BROUGHT A6AINST PSI, ARISING fROM OR RELATED TO PSI'S WORK, MORE THAN TWO YEARS AfTER TME CESSATION OF PSI'S WtfRK HEREl7~IDER, REGARDLESS OF THE DATE OF DISCOVERY OF SUCH CLAIM. 10. NIDEI~IITY: Subject to the f~poing limitations, PSI aprees to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable attar• ney's fees and court cos~ arising o~ of PSI's negliqence to the extent of PSI's negligence. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client': principal shall bring any ~it, cause of action, claim or coun~claim against PSI, the party inftiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, answer ana defend it. including reasonable attorney's and witness fees and court costs to the extent that PSI shall prevail in such suit. 11. iERM1UAT10N: This Agreement may be terminated by either party upon seven days' prior written notice. In the event of termination, PSI shall be compensated by Client for all services per formed up to and includir~g the termination date. including reimbursable expenses, and for the completion of such services and records as are necessary to place PSI's files in order and/or prot~l its professional reputation. 12. EMPLOYEES/WITN~S FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's legal expenses, administrative costs and faes pursuani to PSi's then current fee schedule for PSI to respond to any subpoena. Client agrees not to hire PSI's employees except through PSI. In the event Client hires a PSI employee within one year following any project through which Client had contact wfth said employee, Client shall pay PSI an amount equal to one-half of the employee's annualized salary, as liquidated dam• ages without PSI waivinp other remedies ft may have. 13. HAZAfi00US MATEIM~LS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner, operator, generator, storer, transporttr, treater or disposal faciliiy as those terms appear within RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storape and tlisposal of poNu- tants. Client assumes full responsibiHty for compliance with the provisions oi RCRA and any other Federal or State statute or regulation goveming the handling, treatment, storage and disposal 01 pollutants. 14. PROVIi10lIS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these General Condftions be enforced as w~t- ten. In the event any of fhe provisions of these General Con~tions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 15. EMTIHE AGREEMEIi~ This ag~nent constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amentfed mod~ed or terminated only ~n writing, signed by each of the parties hereto. EXHIBIT "A° PS~ 8-900-~? (8i Page 6 of 6 ,- ~. .,~,.... .,.. _. _ _. ~_ .. ~ »_ ..__ ...,.e .....~_.... _ _ .... _,,...... _. _,. ,,,..,:.~. ._.: ,..,,.. . ,,_.. .._,,,., TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide oniy 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 ~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". 1.3 Promptly subm~t forinal reports of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "C1TY 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 arawings and other information for the proper performance of services by "LAB" 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non-compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit ~nstructions, 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. (Revised January 1998) Exhibit "B" 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 compietion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the G~arties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to ia) 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. ARTICIE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. (Revised January 1998) Exhibit "B" 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 `ollowing the date of submission of any report related to the sample. Following ±he retention period, "LAB" will dispose of non-hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and Yesidues to "CITY" "CITY" agrees to accept such samples and samples containers ~1RTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that ~evel of care and skill ordinarily exercised by reputable members of the profession currentiy practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT ar 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, ncluding OSHA The duty of "LAB" in providing services is not, therefore, to nclude 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 ;nvoice 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 /~GREEMENT, including Exhibit "A" and these terms and conditions, Yepresents 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 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 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 "B" Page 3 of 3 ~~ f' City of C0~'pllS CITY OF CORPUS CHRISTI - .r... Ct1I'1St1 DISCLOSURE OF INTERESTS ~~~ City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to pravide the following information. Every question must be answered. If the question is not applicable, answer with "N/A' FiRM NA~ME: Professional Service Industries Inc. STREET: 810 South Padre Island Drive CITY: Corqus Christi ZIP: 78416 FIRM is: 1 Gorporation X ? Partnership 3. Sole Owner 4. Association .5 Other DISGLOSURE QUESTIONS If additionai 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) NrA 2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or rt^tore of the ownership in the above named firm. 'Varne Title NiA 3. Sta;e the names of each board member of the City of Corpus Christi having an ownership interest cor~tituting 3% or more af the ownership in the above named firm. Name Board, Commission or Committee NrA 4. Stale 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 NiA 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 Carpus Christi. Texas as changes occur. Certifying Person: Paul Clemone C. E. T. Title: ProiectSpecialist ype or nn ~ ,~ , Signature of Certifying Person:_ ~ Date: ~~ 2 O/i EXHIBIT "C" Page 1 of 2 DEFINITIONS a. Bo~d Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. Employee. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor c Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether est~lished 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 which, for purposes of taxa~ion, are treated as non-profit orgarnzations. d Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or tiontrot established through voting frusts, proxies or special terms of venture or partnership agreements. f. ~.onsultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2