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Home My WebLink AboutC2011-087 - 3/8/2011 - ApprovedAGREEMENT for Construction Materials Testing and Engineering 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 TOLUNAY -WONG ENGINEERS INC., a Texas corporation or partnership ( "LAB "), acting through its duly authorized representative who is John JanuarV. Branch Manager, which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Staples Street Phase 2 from Barracuda Place to Gollihar Road — BOND ISSUE 2008 (Project No. 64691 ( "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 C ". 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 $88,270.00 ( Eighty-Eight Thousand Two Hundred Seventy Dollars and Zero Cents). 4. INDEMNIFICATION AND HOLD HARMLESS: "LAB" agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B ". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the lawf and regulations of the Federal government, the state, and city which exist at the PROJECT SITE �re^ Ilows: None. CITY F CORPU /" CHRI� Juan Perale Jr., P.E. (Date) Assistant City Manager APPROVED AS TO FORM Pete Anaya, P.E. (Date) Director of Engineering Services Y -WONG ENGINEERS, INC. � 2 -f/ l ohn J nuary (Date) Branch 'Manager 5233 IH 37, Suite B -6 Corpus Christi, TX 78408 (361) 884- 5050— Office; (361) 884 -5052 - Fax QQ t N0. AUTHORIZED ST io Atit r ��' � J - . / %�� dlf Legal partment (Date) 0 era ina Deoarf ent atel Project No. 6469 CIP # ST 21 Fund Source No. 550920- 3546 - 00000- 170081 Ph. 2 Encumbrance No. .2011 -087 M2 n 011 -064 03'08'11 I- Staples (Bravmer to GoffharffestinglConstructen Mat. Testing.don Tolnnay -Wong Engineers IN�XED Tolnnay -Wong Engineers, Inc. ite B -6 * Corpus Christi TX 84 8 - Phone 361- 884 -5050 MATERIAL TESTING COST ESTIMATE PROPOSAL February 23, 2011 Proposal No: Pl 1 -0O58 City of Corpus Christi Department of Engineering. Services 1201 Leopard St., Suite 300 Corpus Christi, Texas 75401 Attention: Mr. Pete Anaya, P.E. Reference: Cost Estimate for Staples Street Phase 2 Barracuda Place to Gollihar Read (Bond 2008) Project No. 6469 We are pleased to submit this proposal for performing construction materials testing during the construction for the above referenced project. This proposal outlines our understanding of the project, proposed. scope of work and project fees, SCOPE OF WORK It is our understanding that construction materials testing and inspection services will include the following services. + Sampling of soil materials and testing for atterberg limits and moistureldensityproperties • Compaction testing of soil backfill, subgrade, fill, base, HMAC * Groundwater sampling + Proof-roll and compaction tests of subgrade + HMAC laboratory testing r Concrete monitoring & testing + Test report preparation and submittal + Related laboratory testing and sample pick -up sentices FEES As you requested, we have provided a cost estimate for this project. Estimated total cost for all items anticipated were based on the standard TVVE fee schedule submitted for projects with the City of Corpus Christi. Any additional services not shown. ou. this proposal will be billed in accordance with the standard fee schedule. Sincerely, Y-WONG ENGINEERS, INC. �To. F -124 Enclosure: Cost Estimate Proposal 3J /ab: f CONSTRUCTION MATERI_ALS TESTING COST ESTIMATE PROPOSAL Cost Estimate for Staples Street .Phase 2 Barracuda Place to Gollihar Road (Bond 2008) Project No. 6469 .Descri .tion of Services uantity Unit Fee Unit Amount Soils 200 38.00 hr 7,600.00 Soils Technician 700 38.00 l�.r $26,600.00 Moisture/Density Relations, ASTM. D 698 10 140.00 ea 1,400.00 Atterberg Limits 1.0 42.00 ea 420.00 Compressive Strength Stabilized Sand 40 48.00 ea 1,920.00 Vehicle Charge 70 38.00 day 2,660.00 Subtotal $33,000.00 Concrete Testin Mix Design Review 2 1.1.5.00 ea $230.00 Concrete Technician 200 38.00 hr 7,600.00 Cylinder Tests 160 13.00 ea 2,080.00 Sample Pick -up 80 32.00 hr 2,560.00 Vehicle Charge 50 38.00 day 1 Subtotal 514,370.00 Project Management Project Engineer 40 82.00 hr $3,28.0.00 Subtotal $3,280.00 Asphalt Testing Quanti ty Unit Fee Unit Amount Asphalt Teelmician 250 38.00 hr $9.500.00 Extraction/Gradation 25 120.00 ea 3.000.00 Specific Gravity 25 40.00 ea 1,000.00 Stability 25 40.00 ea 1.,000.00 Sulk Density 25 20.00 ea 500.00 Molding Specimens 25 40.00 ea 1,000.00 Thickness Cores 25 105.00 ea 1,000.00 Vehicle Charge 50 38.00 day 1,900.00 Subtotal $18,900.00 -- - - - -.- ..... _ - — - . ... . Base Testing Soil Technician Sieve Analysis Moisture/Density Relations, ASTM D 1557 Atterberg Limits Wet Ball Testing Triaxial Testing Groundwater Testing Base Line Testing Additional Testing (if needed) 250 38.00 hr 59,500.00 15 6.0.00 ea 900.00 10 140,00 ea. 1,400.00 10 42.00 ea 420.00 5 150.00 ea 750.00 5 150.00 ea 750.00 Subtotal $13,720.00 3 1,000.00 ca $3,000.00 2 1,000.00 ea 2,.000.00 Subtotal $5,000.00 Total $88,270.00 Page 1 of 2 TOLUNAY -WONG ENGINEERS, INC. 2011 CONSTRUCTION MATERIALS TESTING FEES Carpus Christi PROFESSIONAL SERVICES A. PERSONNEL Fee Moisture Content (ASTM D2216).,— ........ ................. .................... .......... .... ................ ........... .................... 510.001each 4012 Code Description Unit Rates 1 Principal ............. ........... .... ................ ___ ....... .... ... .... ... ................. ......................................... ........ ................... $130.001hour 4 Senior Project Manager... .... . . ......................................... ................ ................ _ ...... __ ... __ .... __ ...... _ ............... _ 115 -001hour 5 Project Manager .................... ............ ......................................................... ............................... 85,001hour 10 Project Engineer ............................................................................ ............................... .. ........ 80- 001hour 18 Staff Engineer, level II .......... ................... -_ .......... ....................... .............................. ............................................ 70.00)hour 19 Staff Engineer, Level t . ............. .................................. .............. .... .. ......... .. ....... .. ... .. ............................. ....................... 60.001hour 30 Certified Welding Inspector .......................................................................................................... ............................... 60.00/hour 32 Certified Associate Welding Inspector .......................................... .... .................................... _ ............. ........... ............ 55.00/hour 38 Construction Materials Technician ( ACI) ..................... ................. ........................ ................... ............ — .................. .. 38.0Olhour 39 Construction Materials Technician, Level I ..... ... ................. .. ............. ..... _.. .............................. ........................ .......... 35.00Jhour 50 Draftsman ..................................................................................................................................... ............................... 35.001hour 60 Word Processor /Support Staff ................ .................................................................................... ............................... 30.001hour CONSTRUCTION FIELD SERVICES B. TRANSPORTATION & EQUIPMENT CHARGES 640 Mileage Charge ........................................................................................................ ............................... $a0.001mile 641 Lodging Not to Exceed ............................................................................................ ............................... .....................100- ()Otday 643 Vehicle Charge. ..... - .................. ..................... — ....... -- ........ ........................... ------------ ....... . ..... 38.001trip Pick of Test Samples 7002 Technician Rate + transpoNation charges ............... .. ....................................................... -................. ......... ............. . 35-W/hour 7421 Nuclear Density Device ......................................................................... ...... ......................... ..... ............................... 40- 001day LABORATORY SERVICES C. SOIL TESTS 4010 Moisture Content (ASTM D2216).,— ........ ................. .................... .......... .... ................ ........... .................... 510.001each 4012 Visual Classification (ASTM D2488) .......... ........................ ............................... .. ......... ........... ................. .. ........ :...... S10.001each 4015 Liquid and Plastic (Atterberg) Limits, One Point Test (ASTM D 4 318) ....... ........................... ................. ... ............... $42.001each 4016 Liquid and Plastic (Atte €berg) Limits, Three Point Test (ASTM D 4318) ......... ...... ...... ................ ......... ................... 552.001each 4018 Unit Dry Weight Density (ASTM D2937) .... .......... ..... ... ....... ....... .... ................. ............................................ ....--- ... $20.001each 4020 Specific Gravity of Soil (ASTM D854) ................ ........ ........ ........ ....... ................................... ........... ......... ...... .. . ...... S50.001each 4022 Sieve Analysis though #200 Sieve (ASTM D422) ......... ............ ..................... .. ............ ............... .... ....... ................... 545.001each 4028 Complete Grain Size Analysis including Hydrometer (ASTM D422) ................ ................. ....... ... .............. ............... $80.001each 4042 pH Test - Soil ................................... ... ............... ........ ..................................... .......... ........ ..................................... ...... 35- 00leach 4090 Optimum Lime Content by Plasticity Index Method ... ....... ........................... ... ...................................... ... .......... ....... 250- OOfeach 4092 Optimum Lime Content by pH Method_ ................... ............................... .... .... .......... -- ...................... .. -- ...... ---- 150.00feach 4115 Percent Finer Than The No, 200 Sieve (ASTM D 1. 140) ............................._.......................................-. .......- ...- .........45.001each 4170 Compressive Strength for Stabilized Solis ...................... .................:.................................. .......... ... ..... . ............. .------ 48.00Teach 4202 Organic Content, Incineration Method (ASTM D2974) ........ .................................... ... .......... ....... ........ ....................... 45.00/each 4214 Salt Content (ASTM D4542) .................... ... ............... ........ .... .......................... .. .......................................................... 50.001each 4310 Unconfined Compression, soil (ASTM D2166) .... ...... ---- .... .... .. ....... ....................... ... .......... .......•------ .-................... 40.001each 4340 Unconfined Compression (ASTM D2938) ................ ........................... ---- .................. --- ............. ............ 200,60leach 4410 Moisture Density /Relationship (ASTM D698). standard ................................................ .......................................... 140.001each 4413 Moisture Density/Relationship (ASTM D1557), modi€ ied ..................................................................... ....................150.001each Tolunay -Wong Engineers, Inc. 2011 Construction Materials Testing Fees Page 2 of 2 D. CONCRETE TESTS 2301 Concrete Mixture Verification .. .. ............................. ......... ...................... ....... ............................ --. ........ S325.001each Laboratory Compression Testing of Concrete Cylinders 2401 Curing Testing, and Reporting includes Reserves Not Tested... ...... — .......................... - .................... ............... 13,00/each 2402 Cylinders Cast By Others (Minimum 4 cyls.) . ......................... ................................................. ........... .. ........... .... 23- 00leach 2420 Laboratory Flexural Testing of Concrete Beams Testingand Reporting ............................. ........... ............................ ...................................... ....... .. ... 20- 001each 2030 Concrete Cares ............................................................... ................... ............ ......100.001each MinimumCoring Charge....... ........................_............................................................_..................... ....................150.00itrip 2415 Compression Test of Concrete Cores ............................... .----------- ................... ....... --- ....... .............. ............ .... ... 10.00leach 2416 Thickness of Concrete Cores ........................... ............................... ...... - .......... ............ ..............10.001each 2417 Compressive Strength of Lightweight Concrete (ASTM C495a) ........... .......... ............ ............ ............ . ...... ......... ...... 25.001each 2418 Density of Structural Lightweight Concrete (C507) ........................ ....... .......... ........... .............. .................. ............. ...20.001each 2419 Compressive Strength of Cubes (Cl WCI0 9M) ...... ........................... ... ......... .......... ...................................... .,.. ....... 25.00leach 2420 Compressive Strength of Prisms ( C1314fC349) ......... ............... ......... . ......................... .............. ..... .......................... 30.00leach E. AGGREGATE TESTS Fee Code Description Unit Rates 2201 Laboratory Testing of Aggregate for Concrete Mixture Design including: gradation, fineness modulus, absorption, specific gravity and unit weight, eachaggregate ................... ........... ......................... ........................... ---- ..................... ... ......................... ....$115.001each 2203 Sieve Analysis, coarse aggregate (ASTM C 135) ..................... . 2224 Sieve Analysis, fine aggregate (ASTM C 136) ..................... ............... ... .................................................................... 60.00leach 2205 Percent Finer Than The No. 200 Sieve (ASTM D 1140). .... -- ...... ..... — ................... -- .......... ................ ................. 45.00[each 2206 Specific Gravity, coarse aggregate (ASTM C 127) ............... .................. .. ......... ......................................................... 60.00 /each 2207 Specific Gravity, fine aggregate (ASTM C 128) ......................... ............. ........ .. ........... ............................................... 70,00 /each 2208 Unit Weight (ASTM C 29) ........... .. ........ .. ............................... ................ .................. ................................... ..... ... ........ 50.00leach 2215 Absorption (ASTM C 1271C 128)- ........ -- .... ........... .. ..............-.-...............................................:-.. .....................60.001each F. ASPHALT MATERIALS TESTS 15 30 Asphalt Coring .................................................. ............................... ....................................................... ................5100.00feach 1532 Asphalt & Base Coring .. ........................................................ ... ....... ........ ................................. .---------- .. . .................. .125.00 /each 1601 Molding of Hveem Specimens ..................... ............................................. ....... ... ...... ... ....................... ... ..................... 40.00 /each 1604 Specific Gravity (ASTM D 1188) ..... ......................................................................... ............ ........................... ............ 40,001each 1606 Asphalt Mixture Venficat ion ......................................... ..................................... ............ ................. .......... ... ........ .......325.001each 1607 Theoretical Maximum Specific Gravity (ASTM D 204 1) ............... ......... .......... .... ........................................... ......... ...70.001each 1608 Stability, Hveem (ASTM D 1560) .................................. ............................... ......... ----- ....... ..40.001each 1611 Extraction (ASTM D 2172) .............................. .......120.001each 1613 Asphalt Core Density .... ............ ................... ............................ . .................... .... .... .............................................. ..... ...40.001each 1614 Asphalt Core Thickness . ............... ................... ......... ............................... .. ................................................................. 10.001each Notes: 1. Overtime for Engineering Technicians, Materials Technicians, Draftsmen, and Word ProcessorlSupport Staffwil€ be charged M 1.5 times the personnel rates. Overtime will be applicable for hours in excess of 8 hours per day, Monday through Friday, and all hours worked on Saturdays, Sundays and holidays. All labor rates include travel time, report preparation and sample handling. A minimum charge of 4 hours applies to all field work 2. A minimum of 12 hours advance notice is requested for scheduling or canceling field inspection or testing services. Work scheduled with less than 12 hours notice will be serviced subject to available personnel. Work canceled with less than 4 hours notice may be subject to the minimum charge if technician has been dispatched to the field. 3. Expenses such as consultant costs, delivery services, equipment rental, reproduction, subcontractor services, supplies, and travel including airfare, car recital, and lodging will be invoiced at Cost + 15 %, 4. Invoices will be submitted monthly for work in progress and are due and payable within 30 days EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (Revised July 2009) CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until he/she has obtained ail insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. independent Consultants 9. Personal Injury AUTOMOBILE LIABILITY- -OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [ ] REQUIRED long -tern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B -6 -11 and Supplemental Insurance Requirements [I REQUIRED [X] NOT REQUIRED C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interest parties. EXHIBIT "B" Insurance Requirements Page 1 of 2 IL INDEMNIFICATION AND HOLD 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 in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self - insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self- insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self - insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self- insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self - insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. Ill. On the certificate of insurance: • The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. • Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left ". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. • The name of the project also needs to be listed under "description of operations ". • At least 10-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. EXHIBIT "B" Insurance Requirements Page 2 of 2 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB ", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance 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 to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB ". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 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 "C" 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 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. 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 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 S. 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 "C" Page 2 of 3 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 of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that 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. 83 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAS" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. EX�B� P SUPPLIER NUMBER TO BE ASSIGNED 13YZ'I77 PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for filing requirements, certifications and definitions. COMPANY NAME: Tolunay -Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: 5233 M -37. Suite C-18 CITY: Corp C hri st i ZIP: 78408 2. Partnership 8 3. Sole Owner ❑ 5. Other FIRM IS: 1. Corporation X 4. Association ❑ DISCLOSURE QUESTIONS If additional space is necessar 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) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm." Name Board, Commission or Committee NIA 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 NIA EXHIBIT "D" Page 1 of 2 I, . 6 FILING REQUIREMENTS 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 information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: John January Title: Branch M anager (Type or Print) Signature of Certifying Date: Person: —� 1 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 City Managers, Department and Division Heads, and Municipal Court .fudges 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. EXHIBIT "D" Page 2 of 2