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Home My WebLink AboutC2006-577 - 12/12/2006 - ApprovedAGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services T~~~ AGREEMENT ~s between the ~',ity of Corpus Christi, Texas, a Texas home-rule municipal corparation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer'), and Fu~ro Consu~ants L.P., a rexas cor-poration or partnership (°LAB"), acting through its duly authorized ~epresentative who is Rene Gonzales, P_E., Branch Manager, which agree as follows: DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's proaect, described as tollows: Neit~hborhood Street Reconstruction, Clusters, 1. 2, 3. 5. 8 7 (Bond Issue 2004 Proiect No. 6368) - Construction Materials Testin~ ("PROJECT"). z SCOPE OF WORK: "LAB" shail provide services to the PROJECT in accordance with the accompany~ng Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and ::c=nditior.s to AGREEMENT attached as "Exhibit C" :3 FEE: 7 he "CIT't ' agrees to pay the "'LAB" for services provided in accordance with Exhibit ''A 5cope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed 561,418.75 iin figures), Slxtv-One Thousand Four Hundred Eis~hteen Dollars and Seventv-Five Cents (in words). ~Vc~te The `ee is subject to *he availability of funds. The Consuttant may be directed to suspend work ~end~ng ~eceipt and appropriation of #unds ~ lNSURANCE, INDEMNIFlCATIUN AND HOLD HARMLESS: The Consultant will submit to th~ ~,ity c`~gineer a certificate of insurance, with th~ City named as additionally insured, showing the ~!~?~mum coverage set Fortt~ in Exh~bit "B" by an =nsurance company acceptable to the City. The ~;c~nsul#ant further agrees tc indemnrfy, save harmless and defend the City of Corpus Christi, and its agen-s, servants, ancs emplovees as more fu11y set forth in Exhibit "B" ~.= CITY'S DISCLOSURE OF HAZARDOUS 8 TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: "CIT~~!" warrants to "LAB" that to the best of its knowtedge, based upon currently avaifable intormation the on~y hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and c!ty which exist at the PROJECT SITE are as follows: None. "CITY" acknowledges and confirms that "LAB" is refying upon the above warranty in undertaking to perform the se~v~ces ~iescribed ~~ this AGREEMEN T CIfiY OF CORPUS CHRIST! ~~-....~s~~~~-~ ( o ~_____ --- _ ___ ~ Ronald F Massey (Date) A~sistant Gity Manager '~' APPROVED AS TO FORM ~j 7 ~/C. G~~- _ -_! ~- ~,~+P ~ Dir tor f Engineering Serv+ces !DaCej t ` ~ ~ ,' ~ ~ . . f , ' 1' , ~~ [.. FUGRO CONSULTANTS, LP '-; :~-~ y.__ % Z_ _ (c c~ ~, Rene ~onzales, P E. (Date) Branch Manager "205 N.Tancahua (;orpus Christi, TX 78401 r361 } 882-5411 - Office; (361) $$~-q,~2$ -~u~~'~r ._..__... .--------- --- - - ~ sY C~OUr~Ctt ....~..~.~~ ~ ~ ~ ln rN..~wu~~ sfct~-~ar bM- { _ _ ~_~_. t ~ . _- -- _ ---- -._._.- Legal Depa ent ~Date} Project No. 6368 ,~„ c -. -~Z °''!. f Fund Source No. 550920-3541-00000-170700 _ ~ - _~ ~ .~, _ ~~' ,,~,,;~„ ,,d.,, Encumbrance No. ----- ____- Oc~er g !~ep artmen~ (Date) ~006-5"~ 1 Zi 12/1~6 ~~?~p~i_41~; Exhibit A I-u~rt- t orrs~~ltai~t~ Neic°i,orn.irn~ ~•treets ~ Au~7P< ng~~ugrq doc ~~ 1 of ~~ ~RO FUGR4 CONSUL~'ANTS LP 7ecember 6 2~106 ;~:ity of ~.orpus :,hnsti Department of Engineenng Services post Q~ce Box 9277 =~orpus Ch~isti Texas 78469-9277 ~T?ENTION Mr. Angel Escobar, P.E~ Director of Engineering Services 1205 N. Tancahua Corpus Christi, Texas 78401 Tel: (361) 882-5411 ~'ax: (361) 882-4028 ~UBJ~CT: EXH{BIT "A" BtlDGET ESTtMATE Anticipated Testing Services During Construction NEIGHBORHOOD STREET RECONSTRUCTION - BOND ISSUE 2004 Part A- Cluster 1 8- 5, Part B- Cluster 2~ 3, Part C- Cluster 7, Part D- Cluster 1, 2, 3, 5, 8~ 7 City of Corpus Christi Project No. 6368 FCLP Proaosal No. 1602-06-020 ventlemen: ~n accord with your request through LNV Engineering, Inc., we have developed a budget estimate for the subject services in the amount ~f 561,418,75 Our testing estimate for eacfi of the five clusters is: Ciuster Budaet Estimate 1 $8,595.30 2 4,096.05 3 20,442.50 5 21,096.60 7 7.188.30 Estimated Fee: s 61,418.75 ~'~e fee for each portiorr ofi the project fs based upon the Testing Schedule provided on Sheet 10 of the project drawings. Detailed break-downs for each cluster are attached to this letter. The testing frequencies and procedures indicated in our estimate reflect the specific type and quantity of tests detailed on the "Testing S+chedule° Thrs is a flexibte budget and testing services actually pertormed could be more or less than budgeted based ~n actuaf job ~onditions, architecYs or enginee~'s instructions, weather conditions, contractor's and/or City on-site representative`s efficiency in scheduling and utilizing our services, and other factors which may affect this project. If additionai or less testing is required, the total fee will vary, as oniy those services actually perfiorrrred wiil be invoiced. Envoicing for our services will be in accordance with the unit fees ~ndicated on the budget estimate. E~ibit A 2 of ~ ~-. ~r~Fmn-~ ~~t tt,e F~,-~~o f,<<.~;c. of comparnes ~vith offices thrc~ughout the world. ~~RO Page 2 of 2 Ne appreciate your consideration on this ~roject and we look forward to assisting you during the ,onstructian phase. ~incerely. ~UGRO CONSULTANTS LP ~y: Fugro Consultants GP LLC Its sole general partner By. `~~'~ - Rene Gonza- I~P. E. Corpus Christi Manager tbmti:lcrnt proposalVD6-02~ pro.docj ";opies Submitted ~4ngel Escobar, Gity of Corpus Christi (1) Norman Ramirez LNV Engineering (1) Eschibit A 3 of ~ ~[iRO BL!D(~E`I' E5TIMATE CONSTRtit_:~TION TESTI'~iCT SERVICES vEIGNBORHOOD STRF.ETS RECONSTRUCTION - CLUSTER 1 ('1TY' OF CORPUS C'HRISTI YROJECT No.: 6368 PROPOSAL #1602-06-020 E'KHIBIT '"A°' - BUDGE'I' ESTIMATE TESTING QUANTTTiES YER "T`ESTING SCHEDIJLE" AS PROVIDED PRnJECT URA W[NGS - SHEET 10 OF 231 TA.~X QUANT. RATE COST l, IJensities 15345 lane feet ~a~ 1 per 100 lane feet> n-~la~e Dens~tv - Base. •~ach* ~3 $32.00 1,696.00 2. ~'ro~tors rZa~~ S~te Mat~rial (Per Street) ~ $145.00 870.00 ~~ ~rrEesti~ne lia~e ! $165.00 165.00 ~ Materials Sampiiil~ Charges'~ ~ $45.00 315.00 3 Hot Mix Asphaltic C'oncrete (HMAC) '>ur`ac~~ Cuur.e Design - b~ supp ier ~3as~ ( ~~urs~ 1 ~esign - hy ~upplie~ '~:a~ ~ensit~~ ~ Extraction ! 1 per ~00 tora j 6 $415.00 2,490.00 ?`hie_i:r~ess =~~~. Air ;' ~'o ~rheor Densit~ ~ In-s'Eac~•. edch 1 f~ $115.00 2,070.00 ~i C;oncrete ; Cc,mpress~v~~ Sirength ~est - 3~ ylinders ~~er ~et ~ I~~ 7. 1 rti 14, and 1@ 28 days, per set**) ~ ~~~__ ur~ ~ Gutter (2220 LF s~a, i per 1000'? ? $145.00 290.OQ .~ri~~eti~ays : 1 h20 SF ;a ~_ ~er 25t~0 SF i ! $145.00 145.00 ~~d~~•~~~Iks +'>~ 80 SF a; i per 40(~~~~ SF ~ $145.00 145.00 subtotal 8,186.00 Contineen,cv Allowance for Additional Scoae of Services/Consultations/Etc. = unip Sun~ (Approx ~°~nl $409.30 409.30 R~'DGET '1'OTAL 8,595.30 *: test~ ;~er trip r~uF~imum; On-~ue ~tandb~ ~Delayi?~1on~turmg ume ~n excess ~~f l-2 hour per test w~ll be r~ve..:ect at $45.!!tl p~ hour : regular timr 9 hrs pcr ~iay between 6:00 ,4M and , 00 PM) or at $58 00 ~er?~~~u~ ,over*.ir_~e ' prem~um time afie 9 hrs per d.,~. oi ' x~ ~'M to 6~0[) Ah1j '* ~eE r ~~ i~e inciudrs Erip at t~rne ofpJacenzvnt. I~? nou• =~n-~itr~ ,ampling and testing time, relum trip for cylinder ;~ic~-u~~_ cure tr>t Kc report ~~ 7n site tirr.~ in excess ~ t~ 1~~ hour per set billed as standby ; delay (a $45.00 per hour ~ega:ar time -~r +~ $58.t10 prr h~~ur >>vert;me~ ~ premium ume a~ above Exhibit A 4 of ~ ~~RO BUDGET ESTIMATE CONSTRU~°TIIJN TESTING SERVICES 'vEIGHBORHO~D STREETS RECONSTRUCTION - CLUSTER 2 (:'ITY ClF CORP'i7S CHRISTI PROJECT No.: 6368 PR( )POSAL #1602-06-020 E?CHIBIT "A'" - BUDGE"T ESTIMATE TESTING QUANTITIES PER "TESTING SCHEDULE" AS PROVIDED PROJECT DRAW(NGS - SHEET 10 OF 231 ~~~ ~ TAS~C ~, v QUANT. RATE COST I. Densities (37001ane feet @ 1 per 100 lane feet) :n-pface Density - Base, aach* ?" $32.00 1,184.00 2.. Backfill Density Controi Irility Trenct~ @ I per 50Q' per r ~" lifi V4 ater Line approx S 1 a7 L)` . approx average 4 depth, ea* 1 I $32.00 352.00 3, Pr~~ctors ~ta~ S~te Material ( Per Street ) 4 $145.00 580.00 imestone ~3ase I $165.00 165.00 tielc±ct Fill i i'renches) ' $145.00 290.00 : Matenals Sampiing Charges) $45.00 315.00 4, C'oncrete ~C~7mpress~ve Strength Test - 3 t`ylinders ~~;r set ~ I(a~ 7, 1(~~ ] 4. and 1@ 28 days , per set**) s:ur~i & Gutter (6750 LF ~a~ 1 per 1000'} $145.00 1,015.00 Jriveways t;8140 SF (iL '• per 25(r0') ~ $145.00 435.00 'vta~ihole Bottom Pad (~ 'a` ! eaciE~> 3 $145.00 290.00 su btotal 3,901.00 Contin¢euev Atlowance for Additio~al Scoae of Services/Consultations/Etc. ~.ump Surr~ (Approx 5°r;,) I $195.05 195.05 BUDGET 7'OTAL 4,096.05 '~ test~ per trip mimmum; ( hi-Sice Standb. 'DelayJMomtonng ume in excess ~f U2 hour per test wili be nvoEced at 545.(tQ per hour ~ regular time = 9 hrs per day behveen 6:00 AM and 7 00 PM) or at $58 00 r~er t~~ui ;overz~me l premium t~me =~ afte~ 9 hrs per da~ ar 7 tl(~ PM to 6~00 AM j " ~~er set iee indudes trip at dme ot~ placement, U2 hoa~ s,n-site sampling and testing time, return trip for cylinder pic~: ~up, cure- t~:st & repoR ~ in site tuc~e in excess ~~~f~ U2 h~~ur per set biHed as standby I delay ~$45.00 per hour ~eg~iar~ titne ~~r at $58.Q0 per hour c~vemrne ~ prem~um hmc as above E~ibit A 5 of ~ ~aRO B l JDG ET ESTIMATE C(iNSTRti('TION TESTING SERVICES !YEIGNBORHOOD STREETS RECONSTRUCTION - CLUSTER 3 t`iTY (lF CORNUS C'HRIST~ PROJECT No.: 6368 PRt)POSAL #1602-06-020 E?~IIBIT "A" - BUDGET ESTIMATE TESTING QUANTITiES PER "TESTING SCHEDULE" AS PROVIDED PROJECT I)RAW[NGS - SHEET l0 OF 23l 7'ASX QUANT. RATE COST I. Densities 114416.9 lane feet (a~ I per 100 lane feet) +n-}~iace Densiry - Base, each* 2 Backfill Density Controi ~~tilitF Trenct~ (~ I per SC-Q' per =?" lift Sanixary Sewer approx ~0 I.F approx average I i)' depth, ea* 3 Pructors ~ta~+ Site Material f Per Street i in~estone ~3a;e >elect Fill (Trenches) =Mater~als Sampling Charges) 4.. Not Mia Asphaltic (:oncrete (HMAC) Surface Cowse Design - by suppl~er Base C~ourse i>esign - b} supplie~ ~ab [~ensitv ~ Extraction ( l per }00 ton j T'hi~;kness °r~; Av !%~Thear Uensity, - tn-1'lace, each 5 Concrete +":Ccimpressivr Strength I'est - 3 t'ylinders ~yer sei k'urn & Gutter (5905 LF ~ci? 1 per 1000') Sidewalks t~4028 SF ,'t~ 1 per 40~)0 SF'~ '~ri~•eways ~2~'O50 SF i~ i per?~00 SF~; 'vlanhole Bottom Pad (a ~a'~ i eact~ ~ 144 $32.00 4,608.00 $32.00 32.00 $145.00 1,595.00 I $165.00 165.00 I $145.00 145.00 1 ~ $45.00 585.00 H $415.00 3,320.00 48 $115.00 5,520.00 I(a~ 7. 1(cz 14. and 1@ 28 days, per set** 6 $ l 45.00 870.00 ~ $145.00 870.00 9 $145.00 1,305.00 < $145.00 435.00 subtotal 19,450.00 ContinQeutv Allowance for Additional Scope of Services/Consultations/Etc ' ,ump S~am (Approx 5°%~) ; $972.50 972.50 Kl1DGET 7'OTAL 20,422.50 ~ s.est4 per trip min~mum; Chi-Siie Standb. Deiay/Mon~toring time in excess ~~f 112 hour per test will be nvo5eed at $4~.(n1 per hour 1 regulaz time = 9 hrs per ciay between 6:00 AM and 7 00 PM) or at $$g 00 ,>er hour ~overtime; premmm ume - after 9 hrs per da~ or ? tl(~ PM to 6:00 AM) `~ ~~er t~~~ Yee indudes tnp at time ot placemcnt, I;'2 hour ~~n-site sampling and testing time, retum trip for cylinder pic~-u~ cure. test & repon ~ h~ sde tim~: in excess r= U2 hour per set billed as standby / delay @$45.00 per hour reguiar ume x ~r ai $58.00 per hoar ovemme i premiu~n Cime -r above E~chibit A b of ~ '~lf~RO ~ Bt_?D(GET ESTIlVIATE CONSTRUt'T10N TESTING SERVICES VEIGHBORHOOD STREETS RECONSTRUCTION - CLUSTER 5 CITY OF CORPUS CHRISTI NROJECT No.: 6368 PROPOSAL #1602-06-020 E~iIBIT "A" - BUDGE'f ESTIMATE TESTING QL!ANTITIES PER "TESTING SCHEDULE" AS PROVmED PROJECT nRAWINGS - SHEET 10 OF 23l TA ~K QUANT. RATE COST ~_ Densities ( t2644A laoe feet ~~ ~ per 100 lane feet) ; n-piace Dens~tv - Base ~ach* 126 $32.00 4,032.00 2. PruMors Ka~~ Site Material (Per Streett 1~ $145.00 2,175.00 ~. imestone l3ase ? $165.00 165.00 +~laterials Sampling Charg=~s j 1 E~ $45.00 720.00 3. Hot Miz Asphaltic Concrete (HMAC- tiurfacc Course Design - by suppi~er liase t aurse I~esign - by supplier i,ab Densit} K E~raction (1 per ~~00 ton) 12 $415.00 4,980.00 = hic~~~:rress ~%~ Air %% i heor. Density - tn-1'lace; ~ach 4'2 $115.00 4,830.00 4. Concrete Eampress~vE~ Strength "~~est 3 t_ ylinders per set s@ 7. 1,i~ 14, and I@ 28 days, per set**) ~'ur~ 8 Gutte~ (13620 LI~ ;i~ 1 per 1000'} 14 $145.00 2,030.00 t)ri~ ea-ays + 1~, 700 SF ~c~ I per 2500 SF ~ ~ $145.00 725.00 '~id~waiks i~ if_.!7~p SF ~ai l per 40{)0 SF~~ $145.00 435.00 su btotal 20,092.00 Contingeusv Allowance for Additional Scoae of Services/Consuftations/Etc 1 ump Sum (Approx ~°~~,) ~ $1,0(k1.60 1,004.60 BI.JDGET TOTAL 21,096.60 ' i~est~ per trip n~in~mum; On-Site Standby~L7elay/Momumng t~me in excess =~f 1;2 hour per test will be «vo:ced at ~~ C!r ~ per hour ( regular time 9 hrs per ctay between 6:00 AM and ? UO PM) or at $58 00 a:rer hE~ur;over.im~ .' premiurt+ t~me = after y hrs per dati or ? ~~~(~ PM to 6:00 AM} ~` t>er ses tee includes ttip at Ume or placemrnt, i-`~ hour ~m-srte sampling and testmg [ime, return trip for cylinder pick-up. cure test & repo2 t)n site tim~ m excess ox~ i/2 hour per set billed as standby l delay ~$45.00 per hour s~eguiar time =~r a= $58.00 per hour <~vertsme ~ premiu,n dme :j~ above Exhibit A 7 of $ ~6R0 Bl':DGF.'T ESTIMATE C'(?'~TSTRUCTION TESTING SERVICES '~iEIGHBORHOOD STREETS RECONSTRUCTION - CLUSTER 7 C'ITY O~ CORPI.~S CEIItISTI PROJECT No.: 6368 PROPOSAL #1602-06-020 EXHIZBIT '' A'~ - BUDGET ESTIMATE TESTING QUANTITIES PER "TESTING SCHEDULE" AS PROVIDED PROJECT DRAWINGS - SHEET 10 OF 231 T~4.SK QUANT. RATE COST -. Densities (33001ane feet @ l per l00 lane feet) in-pEac~ Dens~t_y P Base r.ac:h'~ 33 $32.00 1,056.00 t. Proctars kaw ~ite Matenal (Per Street • p $145.00 145.00 ` ~meswne E3asr 1 $165.00 165.00 t~aterials Samplmg Charg~s j ~ $45.00 90.00 3. Hot Mig Asphaltic Concrete (HMAC) ~urface Course Design - ~~ supplier E3ase Course I?esign - by supplier ~,ab l7e~sity & Extractior~ 1! per ~00 ton) a $415.00 1,660.00 `'hici~ness -°% Air !% Theor. Density - ln-Place; each 1 I $I 15.00 1,265.00 4. ~'oncrete Compress~ve Strength 7 est - 3( yiinders per set: @ 7, I(b~ 14, and 1@ 28 days, per set**) ~: urb & Gutter (6300 LF .ar 1 per 1000'} 6 $145.00 870.00 ~idewatks ,(~5650 SF r~ per 40(~-0 SFl f~ $145.00 870.00 °jri~eways t 1 i Z50 SF !~ 1 per 25i)0 SF ~ 5 $145.00 725.00 su btotal 6,846.00 Contingenev Ailowance for Additional Scoae of Services/Consultations/Etc. I ump Sum (Approx S°~l i $342.30 34230 BLIDGET TOTAL '7,188.30 ` Z~ests t~er trip mmEmum; tJn-Site ~taz~dbytlelay/Monirnnng time in excess uf 112 hour per test will be ~nvoi;:ed at ~44 (1t~ pet hour (regular time 9 hrs per day between 6:00 AM aod 1 00 PM) or at $58.00 ;!er h,.~ur : ~vertimr ; premium time = afte= 9 hrs per da, or " O(1 PM to 6:00 alvl ) ";~er set fee includes trip at time af placement, i/2 hour _~n-srte sampling and testing time, return trip tor cylinder p~ck -up cure tezt & repon. ( m site tim~ in excess o- /2 haur per set billed as standby / delay @$45.00 per hour regulaz ~ime ~~r at $58_00 per hour overt~me i prem~urr~ time :+.c above Exhibit A 8 of ~j' Exhibit B Mandatory Requirements (Revised September, 2001) ~:ONSULTANT LIABILITY WSURANCE ~, 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 aliow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. ~ The Gonsultant shall furnish two (2} copies of certificates, with the City named as an addit~onal ansured, showing the following minimum coverage in an insurance company acceptable to the City. TYPEOFINSURANCE 30-Day Notice af Canceilation required on all ~ertificates =or~m~rcial General Liability incl~.Fding t~ammercial Form Prem~ses - Operations _ Explosion and Collapse F~azard ~ Underground Hazard Products/ Completed Operations Nazarci . ~ontractuallnsurance Broad Form Property Damage ~. i~-~dependent Consultants _ Personallnjury 4iJ~OMOBILE t_IABILITY--OWNFD NON-~1WNE ~~R RENTED ~NC)RKERS' ~:::C~MPENSAT90N ~MP~UYERS' LfABILIT~' ~XCESS ~IAf~IL ITY ?ROFESSIONAL POLLUTl~N LiABILiTY: ENVIRONMENTAL IMPAIRMEN~- COVERAGE Not lirr~ited to sudden & accidentai discharge; to i~ ~ong-tern enviro~imental ~mpact fo~ the disposal c~ uontaminants 3U1~DERS' RISK ~NSTA;~.L~TICiN ~LOAYER _ .~ ~_-. MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage $2 000 000 COMBINED SINGLE LIMIT I ( ~ , , D $1;000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXA;i WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THlS EXHIBIT $100,000 $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT' iclude [ ~ REQUIRED [X] NOT REQUIRED ~ ~ See Section B-6-11 and Supplemental Insurance ' Requirements [ ] REQUIRED [X] NOT REQUIRED $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requireme~nts _~ [ ] REQUIRED [X) NOT REQUIRED Exr-~~it „B' Insurar~ce Requirements Page of "~ In the event c:3f accide~ts of any kind, the Consultant shall fumish the Citywith copies of all reports af such accidents at the same time that the reports are forwarded to any other ~nterested parti~s. tiOLD HARMLESS A. Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or ~n 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 Christir its agents, servants, or employees or any other person indemnified hereunder, ~ The ~;c~nsultant shall ~~btain workers' compensation insurance coverage through a lice~sed insurance company or thraugh self-insurance obtained in accordance with Texas iaw. If such coverage is obtained through a licensed insurance company, then the cantract for coverage shall be written on a policy and endorsements approved by the ~exas State Boarc! of !nsurance. If such coverage is pr~vided through self-insurance, then within ten (10) calendardays after the date the City requests that the Consultant sign the contract documents, the Consultant shall prov~de the City with a copy of its certificate of authority to self-insure its warkers' ..ompensation coverage, as well as a letter, signed by the Consultant, stating that t~e certif~cate of author~ty to self-insure remains in effect and is not the subject of any revor_atian proceeding then pending before the Texas Workers' Compensatic~n Comr~iss~on. Further, if at any time before final acceptance of the Work by the :.ity, such certificate of authority to self-insure is revoked or is made the sub~ect 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 maf~ return r~ceipt requested directed to: City of Corpus Christi, Department of Engineering Servi~:es. ~ O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Adrninistratr~~- W hether workers' corY~pensation insurance coverage is provided through a licensed insurance campany or through self-insurance, the coverage provided must be in an amount suffir,ient to assure that all workers' compensation obligations incurred by the Consultant will be prc~mptly met. ir _ ' . ~ ~~ ~~ ~e~'s--~ -se~e~ag~-a~ leas~--in ~he-ar~edn~ e# ~ ~ , ~- ~x€ubit "8" - Insurance Requirements Page 2 of 3 , . ~ C~;~ ~he cert~ficate o~ ~nsuran ;e: • The City of Corpus Christi is to be named as an additional insured on the tiability caverage, exr;ept for workers' compensation coverage. • Should your ~nsurantue company eiect to use the standard ACORD form, the cancellation clause (bottam right) shall be amended by adding the wording "changed or" ~etweer~ "be" and "cancelled" and deleting the words "endeavorto" and the wording after "IefY' If th~ cancellation clause is not amended in the ACORD form, ther. endorsements ~nali be submitted • The name of the project also needs to be listed under "description of operations". ~ At Ieast 10-day written notice of change or cancellation will be required. SV A cc~r~~pleted Disclosure of Interest must bs submitted with your proposal. Exhshit "B"' - Insurance Requirements Page 3 of 3 TERMS AND CONDITIONS TO AGREEMENT ARTICLE " SERVICES; "~AB" will j ~=rc>vide nnly those services equested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical ~r professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipper to perfo=rn ?. ~erform techn~caf services ur~der the generai direction of a licensed engineer and in substantial accordance with the basic requirernents of the appropriate standards of the American Society for Testing an~ Materia;s, where applicable, or =~ther standards designated in writing by the "CITY F N,;INEER" ". :~-rc~mptly submit formai repoyts of tests, inspections and services performed indicating, where ap~alicable, compliar}ce with tne PROJECT specifications or other contract documents. Such ~eports must be complete and factual, citing the tests performed, methods employed, values c~btained, and ~arts f~f the str~zrture caf THE PROJECT area subjected to any testing. '' ~~tii~ze testmg equipment whict~ has been calibrated according to applicable standards and, upon -equest, subm~t to t~e "CIT~ ENGINEER". ~r his authorized representative, documentation of ~s~ac-h calibrat+tar~ ~ecure representative sampies at those materials that the City's Contractor proposes to use wh~ch require testinc togethe~ with ~elevant ciata concerning such materials including the point of ~}rigm and supplier ?.- ~~onsider reports to t~e confid~ntial and distnbute reports only to those persons, organizations or agencies specifically designated ir~ writing by the "CITY ENGINEER". t.:~ Re~ain recor~s relating ta se+tiices performed for "CITY" for a period of two years following sut~mission of any reports. duting which period the records will be made available to the "CITY" at ~II easonable !imes '.' ~ay salaries, wages expenses, soc~al security taxes, federal and state unemployment taxes, and ;-~n~ other similar payroll taxes ~elating to the services. ART~CLE 2: CITY RESPONSIBILITIES: City Engineer or authorized representative will: ~ravide "LAB" with ~fl plans. specifications, addenda, change orders, approved shop drawings ~nci other ~nformatiora for the proper performance of services by "LAB". 2..' Issue author~zation ~~1 writing giving "LAB" free access to THE PROJECT site, and to all shops or vards where materia~s are prepared ~r stored 2. ? ~3esignate =n ~vriting those persons or firms wh~ch will act as the "CITY's" representative with Yespect to "~AB'S" services to be performed under this AGREEMENT and which must be ~;rcmptly notified by "LAB" ~vhen ~t appears that materials tested or inspected are in non- ~:;ompliance tJniy the "'CITY ENGWEER" c;r his designated representative have authority to transmit mstructions receive anformation and data, interpret and define the CITY's policies and :;ecisions with respect to THE PROJEC:T "LAB" acknowledges that certain "CITY" ~presentatfves may -~ave diffQrent t~pes of authority concerning THE PROJECT. z. - ~dvise "LAB° suffici~ntiy m advance of any operations so as to allow for assignment of personnel "y `LAB" for completion of the required services. Such advance notice will be in accordance with `na~ established by r~~utual agr~ement of the ~arties Z. ~_~irect THE PROJEC T contra~:tor either by the Construction Contract or direct written order to: Exhibit "C" Pa e 1 of 3 a) Sto~~ work at the appfopriate ti~rjes ~o~ "LAB" tc~ perform contracted services; _'~; F.ar~~ish such Eabor ~rnd ali facilities needed by "LAB" to obtain and handle samples at THE RRC~JEGT and to fac~litate #he specrfied inspection and tests: ~ c~ ~f o~ide and mamtair for use c~f "LA6" adequate space at THE PROJECT for safe storage and proper curing of test specimens whir,h must remain on THE PROJECT site prior to, during, and ~t' '~~ 60 days after testing ARTICLE 3 GENERAL CONDITIONS . "~_At3", by the performance of ~ervices covered hereunder, does not in any way assume, abridge ar abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT wnich, by custom or tiontract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authc~rities :< ~ "1_AB" is not authonzed to sapervise, alter, . elax, enlarge or release any requirement of THE PR(~JECT specifications or other cantract documents nor to approve or accept any portion of the war!c. "LAB" does nc~t have the right of rejection or the right to stop the work. "CITY ENGINEER" w:ll ~irect THE PRO.~ECT contractor to stop ~vork at appropriate times for "LAB" to conduct the s~mpiing, testir~g, or nspectio~? of operations r.overed by the AGREEMENT. A1~TICLE 4 FIELD MONITORING AND TESTING ~` "~I~Y" and "LAB" agree that "t.AB" will be on-site to perform inspections for contracted services. T7e "CITY" and "~AB" also agree that "LAB" will not assume responsibility for PROJECT Cor~tractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the #~nal serv~ces provided by "LAB" will not relieve the PROJECT Contractor of h~s responsibilities ~flr performing the work in accordance with THE PROJECT plans and ~pecifications. For tre purposes nf this AGREEMENT, the word "inspection" is used to mean penodic observatior of the work and the conducting of tests by "LAB" as specified in the A~REEMEN~ Continuous mc~nitor~ng by "LAB" or its subcontractors does not mean that "LAB" is approving placement of mater~als Inspection s not and should not be construed to be a warranty !~_~ °~_AB" to !he "CIT~", or any ~ther ~arty. ~ ~ Samples collected o~ tested t,y "I~AB" remair~ the property of the "CITY" while in the custody of the "LAB" "LAB" wili reta~n the samples for a penod of 60 days following the date of submission c~+ any report relatec to the sample Following the retention period, "LAB" will dispose of non- +~azardous samples, and retum hazardous, acutely toxic, or radioactive samples and samples cc~ntainers anc~ resiciues to ';IT4" "CITY" agrees to accept such samples and samples c.<~rfainers ARTICLE 5 STANDARD OF CARE AND WARRANTY Serv4ces ~e~formed by "LAB`" will be c.~onducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members af the profession currently practicing under similar conditions ;n the same locality No ather warranty either expressed or implied is made or intended by the AGREEMENT or any reports "LAB" v~~~11 not be responsible for the interpretation or use by others of data ;~eveioped r?y "LAB" ARTICLE 6 SAFETY "CiT~"" and "LAB" agree that, ~n accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE pRC3JEG~. ~ncluding safety of all persons and property during the performance of the work, and for ~.o~nplian~;e with all municipal state, ar~d federal laws, rules and regulations, including OSHA. The duty of Exhibit "C" Pa e2of3 '~~B" in prov~ding services Is not, therefore. to include any review of, or responsibility for, the adequacy of -t~~ ~ROJ~(-'T'S general contG actor's safety ~r;easures in, on. or near THE PROJECT site. ARTICLE 7 INVOICES AND PAYMENT '~.ti6" wiN submit progress ~nvoices tc 'C~TV ENGINEER" monthly and final invoice upon completion of services. Each invo~ce is due and payable hv "CITY° ~vithin 30 days of receipt and approval to pay by the :it,: Fngineer ARTICLE 8 EXTENT OF AGREEMENT ~' T~is AGREEMENT, ncluding Exhib~t "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations ~r agreements., writt~n or oral This AGREEMENT may be amended only by a written instrument s~gned by duiy authc~rized representative of "CITY" and "LAB". If any conflict occurs between the~e terms and conditions an~+ this AGREEMENT these terms and conditions are controlling. ~.~ If tk~e event that any one or =r~ore of the provisions contained in this AGREEMENT are for any r~a5on held ,nvalid, +Ilegal or ~~nenforceable in any respect, the remaining terms will be in full e!fect and this AGREEMENT will be construed as if the invalid or unenforceable matters were ~+~ver inc~ude~~ ~r th s AGRE~MENT No waiver of any default will be a waiver of any future ct~farult. ?~ : t~eiiher party will ass~gn this AGREEMENT w~thout the express written approval of the other, but "'.AB" may subcontract laboratory ~rocedures as "LAB" deems necessary to meet the obligations c;;~ t~~is AGREFMEN? Exhibit "C" Pa e3of3 City of COI'pUS C17Y OF CORPUS CHRISTI _ ~. Chnsti DISCLOSURE OF INTERESTS ..~....- 3:F sty ~f Cc~rpus C;hnsti Ordinance 17 ~ 12, as anier~ded, requires all persons or firms seeking to do business with the City t,> pr~vic~e the fallrawing information Every ~uestior~ must be answered. If the question is not applicable, answer with p~ f~ FIRM NAME: Fuqro Consultants, ~.P STREE~' .__ 1205_North Tancahua Street_____ CITY: Corpus Christi, TX .__ ZIP: 78401-1409 ~IRM is '_ Coraoration ______ 2~'artnership_ X 3. Sole Owner 4. Association ~_ C-th~r DISCLOSURE QUESTIONS ~x ~dditic>na~ space is necessary. please use €he reverse side of this page or attach separate sheet. 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. tisf~Q Job Title and City Department (if known) NfA ~ 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. V<~E Title ~t~ :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. N~~~nF Board, Commission or Committee 'ViA ~ 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 abov~ named firm. N~amr, ~;onsultant ~v~ A CERTIFICATE :;ertify that aii ~riformation proviqed is true and correct as of the date of this statement, that I have not knowingly ~vithhelc~ disclosure of any Enformation requested. and that supplemental statements will be promptly submitted to the ::€ty ~f t;c~rpus Christi. Texas as changes or;~;ur °;ertifying ~'erson: Rene Gonzales P_E Title: Branch Manaqer , ype er . rm `~~qnature ~f Certifying Person ~' f ~` ; `~-~- Date: _ '' ~ F C ~ EXHIBIT "D Page 1 of 2 DEFINITIONS - Board Member. A member ~~f any board, commissior or committee appointed by the City Council of the City of G~r~us Ch~isti, Texas Emplayee. Any person employed by tt~e Gity of Corpus Christi, Texas, either on a full or part time basis, but not as a~4 independent contractor F~rrr.. Any entity operated for economic gain, whether professional, industrial or commercial and whether estabiished to produce or deal with a product or service, including but not limited to, entities operated in the form ot sole proprietorship, as self-emplo~ed person, partne~ship corporation, joint stock company, joint venture, rer,eiversh~p or trust and entities whic. . far purposes of taxation, are treated as non-profit organizations. _ Official. The Mayor, members of the Gity Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the Cify of Corpus Chnsti, Texas. ~ Gwr~erstiip Interest Legal o~ equitabl~ interest, whether actually or constructively held, in a firm, including when s~~ch interest is heid through an agen4, trust, estate or holding entity. Constructively held refers to holding or csantroi established through ~oting frusts, prc~xies or special terms of venture or partnership agreements. C;,nsultan- Any person or #irm, sucn as engineers and architects, hired by the City of Corpus Christi for the a:arpose of professional consultation ;~nd rer.ommendatio~. EXHIBIT "D Page 2 of 2 .., ~~!+~ ~ December 22, 2006 ~ ~ ~ .; ~~~. ~ ~~u~ Fugro Consul#ants, LP ~~ ~~1 ~~ ~ Rene Gonzales ~ 205 N. Tancahua ~orpus Chris#i, Texas 78441 ENGINEERIN~ Subject Neighborhood Street Reconstruction Clusters 1,2,3,5 SfRVICE~ $ ~ Project No. 6368 ~c ; >, ~ ~; ~ s : : ~ear Mr. Gonzales. [r> 7 ~ . ,~, - f~>> ~: ~~ ;~ Enclosed +s your fuNy executed copy o# #he Construction Ma#erials ~~~ <~~, ,~:~ ;o Engineering Labora#ory's Inspection and Ma#erials Testing Services ,,, ~,.,; ,, Agreement between the City o# Corpus Christi and Fugro Consultants, LP approved by Council on ~ecember 12, 20~6, by Motion No. M200fi-405 invoices should reference the above PROJECT NAME 8~ PROJECT NU ER, as shown and submitted to my attention to the City of Corpus ~,hristi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, ~?~ 7$4fi9 Sincerely, . ~~ ~~ Angel R. Escobar, P. E. Director of Engineering Services ARE:ym Encl z°c Foster ~rowell D~rector of Was#e Wa#er Services Eduardo Garana, Director of Water Services Valerie Gray, Director o# Storm Water Services Kev~n Stowers Ass~s#ant Director/Engineering Services Joe Tre}o, Ass~stant DirectorlEngineering Services Kathy Morris, Management Ass+s#ant I11 aeannette Viera, Management Aide am ~I ~~