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Home My WebLink AboutC2010-495 - 12/14/2010 - Approveds AGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and Rock En ineerin & Testin Laborato Inc., a Texas corporation or partnership, "LAB", acting through its duly authorized representative who is C"'.~,~~i ~ ~. ~oc.IC . (Name) ~-g~ass ~QVe o~'Mer1_ (Title), which agree as follows: ~~ 1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Flour Bluff Drive Phases 1 and 2 {Project No. 6498 & 64991 "PROJECT". 2. SCOPE OF WORK "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit B". 3. FEE The "CITY" agrees #o pay the "LAB" for services provided in accordance wi#h Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $77,452.00 {in figures), (Seventy Seven Thousand Four Hundred Fi Two and nolxx dollars (in words). 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. "CITY" warrants to "LAB" that to the best of its knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal.government, the state, and city which exist at the PROJECT SITE are as follows: None CITY OF CORP ~ CHRIST! By: R rti~ /~, ~ r~ By Johnny Per les, P.E. (Date) Assistant City Manager ATTEST. ~~~- / ~ J~ Armando Chapa, City Secre ary {Date) APPROVED AS TO FORM: LAB: (SIGNATURE) _ tr oa~a/ra (Date} , 6817 Leo and Street (Address} Corpus Christi, T_X 78409 (CitylStatelZip) 361-883-4555 Fax: 361-883-4711 (PhonelFax No.) ~~~7 Lega epa ment (Date) 550920-3546-00000-170536 $38,726.00 _55092A-3546-00000-170537 $38,726.00 2014-495 M2010-308 12/14/10 Rock Engineering & Testing Lab. ~~ D ~0 ~~ 3a$ Y A~T~nrz~z>i7a ~r ea~r~cll....~~.~.~~~....`..~ ~~ ...,.. S~G~ETAR-' Page 1 of 1 ,, INO~ • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTINCr • SOILS • ASPHALT + CONCRETE City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. Pete Anaya, P.E. SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED Flour Sluff Drive -- Phase I & II Corpus Christi, Texas RETL Pro oral Number: P102210A Dear Mr. Anaya, Rock Engineering and Testing Laboratory, Inc. {BETE) is pleased to be selected to perform the required Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing Budget for this project is $77,452.00. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. In addition, in-place densities will be invoiced for a minimum of 3 in-place densities per trip. Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of $24.00 per hour. RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. If you have any questions or comments regarding this proposal, please call me at {361) 883-4555. Sincerely, Sandra Kirk Exhibit A Project Estimator Pa e 1 of 7 ROCK RNGINEERING & TESTING I.ABORATaRY, INC. 6817 LEOPARD STRHET • CORPUS CHRISTI, TEXAS, 78469 OFFICE: (361) 883-4555 . FAX: (361) 883-47H • www.rocktesting.cpm October 22, 2010 Date: ~ October 21, 2010 ~' 'Project Name: Flour Bluff Drive - Pha se I from SPID to Graham Road Contact: City of Corpus Christi City Project No.: 6498 Contact Info.: Mr. fete Anaya UTILITIES Initial ]3ack~11 Proctor Type: Standard Additional Test; Fina] Backfill Proctor Type: Standard Additional Test: Atterberg Limits & Gradation Stormwater Line Description: 15" RCP (Class III) Line Length (LF): 612 Density Requirements: 95% std, Test Frequency: {Min. 31Trip) Per 200 LF of Trench Number of Lifts: 6 Stormwater #2 Line Description: 1$" RCP (Glass III) Line Length {LF}: 121 Density Requirements: 95% std. Test Frequency: (Min. 3/Trip) Per 204 LF of Trench Number of Lifts: 6 Stormwater #3 Line Description: 24" RCP (Class III} Line Length (LF): 692 Density Requirements: 95% std. Test Frequency: (Min. 3/Trip) Per 200 LF of Trench Number of Lifts: 6 Stormwater #4 Line Description: 30" RCP (Class III) Lane Length (LF): 1,036 Density Requirements: 95% std. Test Frequency: (Min. 3/Trip) Per 200 LF of Trench Number of Lifts: 6 Stormwater #5 Line Description: 36" RCP {Class III) Line Length {LF): 217 Density Requirements: 95%std. Test Frequency: {Min. 31Trip) Per 240 LF of Trench Number of Lifts: 6 Stormwater #6 Line Description: 42" RCP {Class ITT) Line Length (LF}: 758 Density Requirements: 95% std. Test Frequency: (Min. 3/Trip) Per 240 LF of Trench Number of Lifts: 6 ",['est QuantitX ilnit Fee Sample Charge $50.00 1 $174.00 Sample Charge $50.00 1 $174.00 1 $160.00 18 6 24 30 12 24 Fee $50,00 $174.00 $50A0 $174.00 $160.00 $38.00 $684.04 $38.00 $228,00 $38.00 $912.00 $38.00 $1,140.00 $38.00 $456.00 $38.00 $912.00 exhibit A Pa e 2 0# 7 1 of 6 Date: .October 21, 2010 t ' ` 'Project Name: Flour Bluff Drive - Phase I from SP1D to Graham Road Contact: City of Corpus Christi Cify Project No.: 6498 Contact Info.: Mr. Pete Anaya Test Quantity Unit Fee Fee Stormwater #7 Line Description; 48" RCP (Class III) Line Length (LF): 1,972 Density Requirements: 95% std, 60 $38.00 $2,280.00 Test Frequency: (Min. 3/Trip) Per 200 LF of Trench Number of Lifts: 6 Stormwater #8 Line Description: 60" RCP (Class III) Line Length {LF): 606 Density Requirements: 95% std. 18 $38.00 $684.00 Test Frequency: {Min. 31Trip) Per 200 LF of Trench Number of Lifts: 6 Concrete I3ax Culvert Description; 4 x 4 Precast Concrete Box Culvert Line Length (LP}; 211 Density Requirements: 95% std. 16 $38.00 $608.00 Test Frequency: (Min. 3/Trip) Per 200 LF of Trench Number of Lifts: 8 Concre#e Box Culvert Description: 5 x 4 Precast Concrete Box Culvert Line Length (LF): 775 Density Requirements: 95% std. 20 $38.00 $760.00 Test Frequency: (Min. 3fI'rip} Per 200 LF of Trench Number of Lifts: 5 Concrete Box Culvert Description: 7 x 4 Precast Concrete Box Culvert Line Length (LF}: 85 Density Requirements: 95% std. 7 $38.00 $266.00 Test Frequency: (Min. 31Trip) Fer 20fl LF of Trench Number of Lifts: 7 Concrete Box Culvert Description: 9 x 4 Precast Concrete Box Culvert Line Length (LF): 1,096 Density Requirements: 95% std. 54 $38.00 $2,052,00 ' Test Frequency: (Min. 31Trip~ Per 200 LF of- 'french Number of Lifts: 9 Inlets Description: Misc. Curb, Pnst & Grate Inlets Number of Inlets: 40 Set Size: Concrete Cylinders {set of 4) 7 $152.00 $760.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 set every 6 items Manholes Description: Concrete Storm Water Manhole Number of Manholes: 32 Set Size: Concrete Cylinders (set of 4} 16 $152.04 $2,432.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Exhibit A Concrete Strength: 3000 PSI Pa 2 3 Of 7 Test Frequency: Per 2 Each 2af6 Date: ,October 21, 2010 • • Project Name: Flour Blu#1fDrive -Phase 1 from SPID to Grraham Road Contact: City of Corpus Christi City Project No.: 6498 Contact Info.:- Mr. Pete Anaya Concrete Headwall Description; for 48" RCP Number of Headwalls: 2 Set Size; Concrete Cylinders {set of 4} Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: Per Each Concrete Headwall Description: for 4' x 4' Box & Energy Dissipation Structure Number of Headwalls: 1 Set Size: Concrete Cylinders (set of 4} Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: Per Each Concrete Rip Rap Fee $304.00 $152.00 Description: far 48" RCP & 7' x 4' Punch through of Existing Headwall Quantity: Lump Sum Set Size: Concrete Cylinders (set of 4) 1 $152.00 $152.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 30D0 PSI Test Frequency; 1 set per 4,000 SF Test Quantity Unit Fee 2 1 $152.00 $152.00 Junction Box Description: Number of Junction Boxes: Set Size: Test Schedule; Concrete Strength' Test Frequency: Convert existing Post Inlet to Junction Box 2 Concrete Cylinders (set of 4} 1 @ 7 days & 3 @ 28 days 3000 PSI Per 2 Each 1 $152.00 $152.00 Water Line Description: Abandon & Fi118" ACP Line Length (LF): 2,500 Density Requirements: 95% std. Test Frequency: (Min. 3/Trip} Per 200 LF of Trench Number of Lifts: 4 Water #2 Line Description: 8" PVC C-900 DR ]8 Line Length (LF}: 115 Density Requirements: 95% std. Test Frequency: (Min. 3/Trip} Per 200 LF of Trer-ch Number of Lifts: 4 Water #3 Line Description: 12" .PVC C-900 DR 18 Line Length (LF): 5,812 Density Requirements: 95% std. Test Frequency: {Min. 3/Trip) Per 200 LF of Trench Number of Lifts: 4 52 $38.00 $1,976,00 4 $38.00 $152A0 lI6 $38.00 $4,408.00 Exhibit A Pa e4ofi7 3offi Aate: October 21, 2010 _ Project Name: Flour Bluff Drive - Phase I from SPID to Graham Road Contact: Gity of Corpus Christi City Project No.: 6498 Contact Info.: Mr. Pete Anaya Water #4 Line Descriptian: 16" PVC C-900 DR 18 Line Length (LF); 5,082 Density Requirements: 95% std, Test Frequency: (Min, 3CTrip ) Per 200 LF of Trench Number of Lifts: 4 Water #5 Line Description: 1-112" Type K Copper Line Length (LF): 385 Density Requirements: 95% std. Test Frequency: {Min. 31Trip) Per 200 LF of Trench Number of Lifts: 4 Water #6 Line Description; 2" Type K Copper Line Length (LF): 345 Density Requirements: 95% std. Test Frequency: (Min. 31Trip ) Per 200 LF of Trench Number of Lifts: 4 Wastewater Line Description: 10" Force Main PVC DR-18 Line Length (LF}: 126 Density Requirements: 95% std. Test Frequency: (Min. 31Trip) Per 200 LF of Trench Number of Lifts: 5 Wastewater #2 Line Description: 14" Force Mann PVC DR-18 Line Length (LF}: I45 Density Requirements: 95% std. Test Frequency; (Min. 3/Trip) Per 200 LF of Trench Number of Lifts: 5 PARKING & PAVR Subgrade Description: Compacted Subgrade (12") Square Yards: 43,995 Proctor Type: Standard Density Requirements; 98% std. at or above opt. Moisture Test Frequency: 1 every 325 SY Base Description: 8" & 9" Limestone Base Square Yards: 39,656 Proctor Type: Modified Density Requirements: 98% mod. -1 to +3% opt. Moisture Test Frequency: 1 every 325 SY Additional Test: Atterberg Limit & Sieve Anaysis Additional Test: Wet Ball Mill I1MAG bescription: I" HMAC -Type D Square Yardage: 38,028 Tonnage: 2,092 Full Series Freq.: 1 per SOD Tons or Day Cored in Place Freq,: I every 1,000 LF of Street 4of6 Test uanti Unit Fee 104 8 8 5 $38A0 $38.00 $38.00 $38.00 5 $38.00 Sample Charge $50.00 3 $174.00 136 $38.00 Sample Charge 1 122 1 1 $50.00 $227.00 $38.00 $160.00 $289.00 Sample Charge 5 6 Fee $3,952.00 $344.00 $304.00 $190.00 $190.00 $150.00 $522.00 $5,168.00 $54.00 $227.00 $4,63 b.00 $160.00 $289.00 $54.00 EX Pa e5of7 $527.00 $2,635,00 $84,00 $504.04 Bate: October 21, 2010 Project Name: Flour Bluff Drive - Phase I from SP1D to Graham Road Contact: City of Corpus Christi ' City Project No.: 6498 Contact Info.: Mr. Pete Anaya Test Ouantity Unit Fed Fee HMAC Description: 2" IIMA,C - Type D Sample Charge $50.00 $450.00 Square Yardage: 38,028 Tonnage: 4,184 Full Series Freq.: i per 500 Tons or bay 9 $527.40 $4,743.00 Cored in Place Freq.: 1 every 1,000 LF of Street 6 $$4.OD $504.00 HMAC Description: 2" HMAC - Type D (Side Streets) Sample Charge $50.00 $50.00 Square Yardage: 1,628 Tonnage: 180 Full Series Freq.: 1 per 500 Tons or Day 1 $527.00 $527,00 Cored in Place Freq.; 1 every 1,000 LF of Street 3 $84.00 $252.00 Concrete Driveway Description: Concrete Driveway Square Feet: 16,182 Set Size; Concrete Cylinders {set of 4) 7 $152.00 $1,064.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency; 1 per 2,500 SF Concrete Driveway Description: Dose Driveway Repair Square Feet: 2,232 Set Size: Concrete Cylinders (set of 4) 1 $152.00 $152.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 per 2,500 SF Concrete Driveway Description: Unanticipated Concrete Driveway Removal Square Feet: SOD Set Size: Concrete Cylinders (set of 4) 1 $152.00 $152.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PST Test Frequency: i per 2,500 SF Curb and Gutter Description: Concrete Curh & Gutter Linear Footage: 9,673 Density Requirements: 98% std. at or above opt. Moisture 49, $38.00 $1,862.00 ]density Frequency: 1 every 2Q0 LF Concrete Set Size: Concrete Cylinders (set of 4) 20 $152.00 $3,040.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 every 500 LF Curb and Gutter #2 Description: Stringer Curb Linear Footage: 9,673 Concrete Set Size: Concrete Cylinders (set of 4) 20 $152.00 Test Schedule: 1 @ 7 days & 3 @ 28 days x Iblt Concrete Strength: 3000 PSI Pa e 6 of 7 Test Frequency: 1 every 500 LF 5of6 Date: October 21, 2010 . • Project Name: Flour Bluff Drive - Phase I from SPID to Crraham Road , Contact: City of Corpus Christi ' City Project Na.: 6498 Contact Info.: IVIr. Pete Anaya ".Pest Quantity L7ni# Fee Fee Paving Section Concrete Description: 9" Concrete Pavement Cubic Yards: 50 CY Square Yards: 200 Set Size: Concrete Cylinders {set of 4) 1 $152.00 $152.00 Test Schedule; 1 @ 7 days & 3 @ 28 days Concre#e Strength: 3000 PSI Test Frequency: 1 set every 50 CY Sidewalk Description: Concrete Sidewalk Square Footage: 70,477 Set Size: Concrete Cy}indeFS {set of 4) - 18 $152.00 $2,736.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 set every 4,000 SF Curb Ramp Description: Concrete Curb Ramp Square Footage: 1,100 Set Size: Concrete Cylinders (set of 4) 1 $152.00 $152.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 set every 4,000 SF Concrete Bus Stop Description: Concrete Bus Stop Number of Bus Stops: 2 Square Footage: Set Size; Concrete Cylinders {set of 4) 2 $152.00 $304.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: Per Each CYLINDER PICK-UP FEES Number of Trips: 119 $39.00 $4,641A0 TRANSPORTATION FEES Location: Corpus Christi, Texas 388 $23.00 $8,424.00 ADMINISTRATION FEES i $58.OD $58.00 ESTIMATED TOTAL $77,452.00 *This is only an estimate. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The #otal fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activi#ies. Exhibit A Pa e7of7 6of6 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 pertorm, 1.2 Pertorm 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 (printed and electronic copies) 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 ko 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. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 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 by mutual agreement of the parties. EXHIBIT "B" Pa e 1 of 3 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a} Stop work at the appropriate times for °LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c} Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3, GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 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 tha# "LAB" will be on-site to perform inspections far 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. 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 6D days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for EXHIBIT "B" Pa e2of3 compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review af, 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 34 days of receipt and approval to pay by the City Engineer. ARTICLE 13. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAS" 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. EXHIBIT "B" Pa e 3 of 3 Exhibit C Mandatory Requirements [Revised November, 2005} INDEMNIFICATION AND HOLD HARMLESS Lab agrees to indemnify, save harmless and defend the City of Carpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servan#s, or employees or any other person indemnified hereunder. ~ ~S f ~yjJ SUPPLIER NUMBER -1 TO BE ASSIGI~IED B 11~Y - ~ PURCHASING DIVISION ~.~~.. c°~US DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to pprovide the following information. Every question must be answered. If the question is not a~~licable, answer with `NA". See reverse side for Filing Requirements, Certifications and definityons. COMPANY NAME: }'~ock Etgnir.e2.ri,na qv~~ TeS~~G La~Oora~0~y. InC. P. O. BOX: STREET ADDRESS: ~g~-~ ~oQgr~ CITY: ~~~s Chri s~~ ZIP: 7g~0~ FIRM IS: 1. Corporation ~ 2. Partnership ^ 3. Sole Owner ^ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa a 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) 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." N~e Title 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 m the above named "firm." Name Board, Commission or Committee ~~~ 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NL~ ~~ 4 FILING REQUIltEMENTS If a person who requests official action on a matter knows that the, requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all infortzxation 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. g~s~ n~2s s Dev ~.~oQimehk Cer#ifying Person: C ~,~}i S ~ , ~OC k Ti#le: MAhQq er .... (Type or Print) Signature of Certifying ~ ~ Date: 11 j alol /ifl Person: a DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof: c. "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. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant Clty Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "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 holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "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..