HomeMy WebLinkAboutC2012-042 - 2/28/2012 - ApprovedAMENDMENT NO. 1 TOAGREEMENT
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 & Testing Laboratory, Inc., a Texas corporation or partnership, "LAB ", acting through its duly
authorized representative who is Curtis Rock, Business Development Manager which performed services as
follows: -
Original Testing Agreement I January 25, 2011 1 M2011 -032 $149,379.00
1 - DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's
project, described as follows: Kostoryz Road Phase 1— Horne to Sunn brook Pro'ect No. 6489 "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 to pay the "LAB" for services provided in accordance with Exhibit "A ",
Scope of Services and Fee Schedule under this AGREEMENT, a total revised fee not to exceed $107,450.00 (in
figures), (One Hundred Seven Thousand Four Hundred Fift Dollars and Zero Cents ) (in words) for a total
restated fee not to exceed $256,829.00 (in figures), Two Hundred Fifty Six Thousand Eight Hundred Twen
Nine and Zero Cents) (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 areas follows: Hydrocarbon-impacted Soil
CITY OF CORPUS CHRISTI
Oscar R. Martinez (Date)
Assistant City Manager
RECOMMENDED
Q==A� /L
Daniel Biles, P. Date)
In Dir too ineering Services
4Z
O r ti g De rtm t (D a )
Office of Management and Budget (Da e)
ARMANDO CHAPA
ROCK ENGINEERING AND
TESTING LABORATORY INC.
L L ��a ,_ ,4 a
Curtis Rock, (Date)
Business Development Manager
6817 Leopard Street
Corpus Christi, TX 78409
2012 -042
6EUM-IAHlf M2012 -048
KAENGNEERING DATAEXCHANGEICLARISSAASTREETSI - /� 7
CONTRACT.DOCX 02/28/12
Rock Engineering & Testing Lab
I HORNETO SUNNYBROOKITESTINGSTESTING
INDEXED
ATTEST
Armando Chapa, City Secretary
APP OVED AS TO FOQ M
Legal Department (Date)
Project Number: 6489
Funding Source: 550920 - 3546 - 00000- 170126
Encumbrance Number:
ENTERED
JAN 24 2012
C ;% ""r AC
KIENGINEERING DATAEXCHANGEICLARISSAJISTREETS 16489 &6490 - KOSTORYZ ROAD IMPROVEMENTS, PHASE 1 FROM HORNF TO SUNNYBROOKITESTINGITESTING
CONTRACT.DOCX
• GEOTECHNICAL ENGINEERING
• CONSTRUCTION MATERIALS
ENGINEERING & TESTING
• S OILS • ASPHA • CONCRETE
January 17, 2012
City of Corpus Christi
Department of Engineering Services
Post Office Box 9277
Corpus Christi, Texas 78469 -9277
Attention: 1W Dan Biles, P.
Director of Engineering Services
SUBJECT: PROPOSAL TO PERFORM ENVIRONMENTAL SOIL BORINGS,
LABORATORY TESTING PROGRAM, SOIL/WASTE CHARACTERIZATION,
MANIFEST PREPARATION AND REPORT PREPARATION FOR THE
KOSTORYZ ROAD PHASE I PROJECT
City of Corpus Christi Project No. 6489
Kostoryz Road
Corpus Christi, Texas
RETL Proposal Number: P01 1612C
Dear Mr. Biles,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to submit the
following proposal to perform environmental soil borings, laboratory testing program, soil /waste
characterization, manifest preparation and report preparation for the Kostoryz Road Phase I Project (City
of Corpus Christi Project No. 6489) located on Kostoryz Road in Corpus Christi, Texas. .
Hydrocarbon - impacted soil was encounterec
Corpus Christi's construction contractor, whi
Road and Sunnybrook Road. Forty -four
approximately 20 -feet and analytical labora
evaluable the extent of impact along the col
necessary waste characterization forms and i
Environmental Quality (TCEQ) requirements.
by Texas Sterling Constructioi
e installing utility lines near the
environmental soil borings to
.ory testing will be performed
,struction path, characterize soil/
manifests in strict accordance wi
Company, the City of
intersection of Kostoryz
termination depths of
.long Kostoryz Road to
vaste and' to prepare the
a Texas Commission on
Scope of the Proposed Investigation — Planning & Coordinating,
• Rosengarten, Smith & Associates, Inc. (RSA) will plan and coordinate project activities with RETL
and sub contractors.
• RSA will prepare a project work plan and health and safety plan necessary for the environmental soil
borings prior to the field work.
• RSA will obtain all necessary supplies and materials for the field investigation.
ROCK ENGINEERING & TESTING LABORATORY, INC.
6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS 78409
OFFICE: (361) 883 -4555 • FAX: (361) 883 -4711 • www.rocktesting.com
EXHIBIT "A"
Page I of 6
Page 2 of 6
January 17, 2012
Attn: Mr. Dan Biles, P.E.
KOSTORYZ ROAD PHASE I PROJECT ( # 6489)
Kostory Road; Corpus Christi, Texas
RETL Proposal No.: P011612C
Sc ope of the Proposed Investigation — Environmental Soil Borin s:
RETL will request that RSA stake soil boring locations and provide a boring location plan prior to the
field investigation.
• Coordination with Texas One Call. will be performed by RSA and RETL to identify underground
utilities in the proximity of the boring locations. The borings will be relocated if necessary.
• RETL will provide proper traffic control and traffic control devices, as required by the City of Corpus
Christi, during our field investigation.
+ All onsite work will be performed in accordance with State of .Texas Requirements 16 Texas
Administrative Codes 76.1000 through 76.1004.
• Representatives of RSA shall be on site and will oversee and direct all fieldwork during the field
investigation.
• Soil borings will be logged in the field full time by representatives of RSA.
• Prior to mobilization, all equipment will be thoroughly decontaminated by a steam/pressure washer to
remove all oil, grease, mud and etc.
• The drilling operations will be completed by REM and RETL's drilling sub consultant utilizing
standard geotechnical drilling rigs.
• Continuous soil samples will be obtained at each boring location using direct push sampling
techniques.
0 RETL will decontaminate the soil sampling device after obtaining each soil sample to minimize cross
contamination.
+ GPS coordinates, obtained in the field at the boring locations, will be recorded using a commercially
available Garmin handheld GPS model Etrex Venture using NAD 83 map datum.
• - Upon completion of the drilling operations, the .borings will be backfi.11ed with bentonite and patched
with cold mix, if applicable.
• A section of each soil sample will be utilized to prepare a composite sample representative of each
boring. These samples will be utilized to characterize the soil to be excavated for disposal purposes.
• For every three soil borings, RSA will collect a sample composed of the bottom sample from each of
the three soil borings. These samples will represent the soil to be returned to the construction
excavation.
• After the composite samples are prepared, they will be placed into glass sample containers provided
by TestAmerica and placed into resealable plastic bags for analysis of headspace vapors using and
organic vapor analyzer and lower explosive limit meter.
+ Samples will be labeled and placed into a cooler with ice and transported to the analytical laboratory
under proper chain of custody.
ROCK ENGINEERING & TESTING LABORATORY, INC.
6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS 78409
OFFICE: (361) 883 -4555 • FAX: (361) 883 -4711 • www.rocktesting.com
EXHIBIT "A"
Pa e 2 of 6
Page 3 of 6
January 17, 2012
Attn: Mr. Dan Biles; P.E.
KOSTORYZ ROAD PHASE I PROJECT ( #6489)
Kostory Road; Corpus Christi, Texas
RETL Proposal No.: P011612C
Sc of the Laborat Testing Pro ram:
RSA will collect one soil sample from each soil boring to characterize the soil for disposal purposes.
Each sample will represent approximately 50 cubic yards of soil to be disposed. These soil samples will
be analyzed by the analytical laboratory on a 72 -hour turnaround time. Forty -four soil samples will be
collected for analysis. The following laboratory testing program will be performed for waste
characterization:
• BTEX/MTBE (Method 8260B)
• TPH (Method TX 1005)
• Lead (Method 6010B)
• Moisture
• Trip blanks
RSA will collect a composite sample from every three soil borings to characterize the soil that will be
returned to the excavations. Each sample will represent approximately 50 cubic yards. The soil samples
will be analyzed on a normal turnaround time. It is estimated that up to 15 soil samples will be collected
for analysis. The following laboratory testing program will be performed for soil returned to the
excavations:
• BTEXIMTBE (Method 8260B)
• TPH (Method TX 1005)
• PAH (Method 8270C)
• Moisture
• Trip blanks
Waste Characterization Manifest Preparation & TCEQ Report:
Following the receipt of the analytical laboratory test results, RSA will prepare the necessary waste
characterization forms. Representatives of the City of Corpus Christi will submit the waste
characterization forms to the landfill and TCEQ. RSA will prepare example manifests for the
construction contractor to accompany each load of soil to the landfill. RSA will also prepare a summary
report for the project files and a report for submittal to the TCEQ which summarizes the results of the
samples representing the soil returned to the excavation.
RETL's Letter Re ort•
I
A letter report will be prepared by RETL that includes the State of Texas Well Reports and copies of the
analytical laboratory test results.
I
Fee and Limitations
We understand that we have been chosen to provide these services for this publicly funded prc j�ct.
Therefore, by providing cost information, we are not in violation of the Texas Professional Services
Procurement Act.
ROCK ENGINEERING & TESTING LABORATORY, INC.
6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS 78409
OFFICE: (361) 8834555 • FAX: (361) 883 -4711 + wvvw.rocktesting.com EXHIBIT "A"
Page .3 of 6
Page 4 of 6 KOSTORYZ ROAD PHASE I PROJECT (#6489)
January 17, 2012 Kostory Road; Corpus Christi, Texas
Attn: Mr. Dan Biles, P.E. RETL Proposal No.: P011612C
The fees to pe rfor m the scope of work outlined above are provided below:
ENVIRONMENTAL SERVICES
ITEM
QUANTITY
PRICE PER TEST
TOTAL
Field Investigation
RETL'S Mobilization Fee For 41 Borings (Each)
4
$350.00
$1,400.00
Sub Consultant's Mobilization Fee For 41 Borings (Each)
4
$350.00
$1,400.00
Drillin Sampling Fee For 41 Borin s (Per LF
820
$35.00
$28,700.00
Bentonite Backfili For 41 Borings (Per LF )
820
$10.00
$8,200.00
Standby Time (Per Hour)
1 12
$150.00
$1,800.00
Traffic Control er Day
3
$4,500.00
$13,500.00
TOTAL FOR FIELD
INVESTIGATION 1
$55,000.00
RETL's Engineering & Report Pre aration
Project Engineer (Perflow )
6
$180.00
$1,080.00
Project Manager (PerHour )
15
$90.00
$1,350.00
State of Tetras Environmental Boring Logs &
Notification urn
1
$270.00
$270.00
Report Preparation um
1
$200.00
$200.00
Traffic Control Schedulin eetin um
1
$200.00
$200.00
TOTAL FOR ENGINEERING
& REPORT PREPARATION
$3,100.00
LABORATORY TESTING PROGRAM
Laboratory Testing Pro ram For Waste Characterization
Total Lead (Each)
44
$45.00
$1,980.00
BTEX/MTBE ach
44
$110.00
$4,840.00
Percent Moisture ach
44
$20.00
$880.00
Routine TPH (Each)
44
$75.00
$3,300.00
- Trip ach
5
$110.00
$550.00
SUB -TOTAL FOR LABORATORY TESTING FOR WASTE CHARACTERIZATION
$11,550.00
Laboratory Testing Program For Returned Soil
BTEX/MTBE (Each)
15
$75.00
$1,125.00
Percent Moisture (Each)
15
$15.00
$225.00
Routine TPH (Each)
15
$50.00
$750.00
PAH ELch
15
$175.00
$2,625.00
Trip (Each)
5
$75.00
$375.00
SUB -TOTAL FOR LABORATORY
TESTING FOR
RETURNED SOIL
$5,100.00
TOTAL FOR LABORATORY TESTING
1 $16,650.00
ROCK ENGINEERING & TESTING LABORATORY, INC.
6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS 78409
OFFICE: (361) 883 -4555 . FAX: (361) 883 -4711 • www.rocktesting.com
i
EXHIBIT "A"
Pa 2 e4of6
Page 5 of 6
January 17, 2012
Attn: Mr. Dan Biles, P.E.
KOSTORYZ ROAD PHASE I PROJECT ( #6489)
Kostory Road; Corpus Christi, Texas
RETL Proposal No.: P011612C
i
ENVIRONMENTAL SERVICES
ITEM QUANTITY
PRICE PER TEST TOTAL
SOIL/WASTE CHARACTERIZATION
Initial
Planning & Coordinatingj
Project Manager Per Hour
20
$135.00
$1700.00
Staff Geologist (Per Hour
24
$90.00
$2,160.00
Geologist erHour
12
$110.00
$1,320.00
Field Technician (Per Hour)
8
$60.00
$480.00
Draftsmen (Per Hour)
4
$65.00
$260.00
Company Truck (Da)
1
$60.00
$60.00
Mi1ea a (Per mite)
25
$0.70
$17.50
Fax (Each)
20
$1.00
$20.00
Communications uln
1
$10.00
$10.00
Copies (Each)
1 50
$0.10
$5.00
Overnight Delive um
1
$45.00
$45.00
Miscellaneous um
1
$100.00
$100.00
SUB -TOTAL FOR INITIAL PLANNING & COORDINATING
$7,177.50
Soil Borin
Project Manager erHour
40
$135.00
$5,400.00
Project Geologist erHour
46
$110.00
$5,060.00
Staff Geologist (Per Hour
46
$90.00
$4,140.00
Field Technician (Per Hour
45
$50.00
$2,250.00
OVA Rental (Per Da
6
$120.00
$720.00
GPS (Per Da
3
$6.00
$18.00
Level D PPE (Per Da
12
$30.00
$360.00
Sampling Swnpling Supplies wn
6
$60.00
$360.00
Company Truck (Per Da
6
$60.00
$360.00
Mileage (Per Mile
300
$0.70
$210.00
Communications um
1
$30.00
$30.00
Other (Lum)
1
$129.50
$129.00
SUB -TOTAL FOR SOIL BORINGS
$19,037.50
ENVIRONMENTAL SERVICES
ITEM I
QUANTITY I
PRICE PER TEST
TOTAL
SOIL/WASTE CHARACTERIZATION j
Waste Characterization, Manifest Preparation & TCEQ Report
' Project Manager Ter Hour
24
$135.00
$3,240.00
Stair Geologist (Per Hour
24
$110.00
$2,640.00
Draftsmen (Per Hour
6
$65.00
$390.011
Fax um
1
$10.00
$10.00
Communications LI
1
$25.00
$25.00
Copies ach
100
$0.10
$10.00
Overnight Delive (Lump)
1
$50.00
$50.00
Manifests um
1
$120.00
$120.0
SUB -TOTAL FOR WASTE CHARACTERIZATION,
MANIFEST PREP. & REPORT
$6,485,60
TOTAL FOR SOIL/WASTE CHARACTERIZATION
$32,7000
TOTAL FOR 41 BORINGS
$107,450.00
ROCK ENGINEERING & TESTING LABORATORY, INC.
6817 LEOPARD STREET . CORPUS CHRISTI, TEXAS 78409
OFFICE: (361) 883 -4555 a FAX: (361) 883 -4711 • www.rocktesting.com
I
EXHIBIT "A"
Pa e,5 of 6
Page 6 of 6
January 17, 2012
Attn: Mr. Dan Biles, P.E.
Services prov ided by RETL under this
degree of care and skill ordinarily exe
under similar circumstances.
KOSTORYZ ROAD PHASE I PROJECT (##64:
Kostory Road; Corpus Christi, Te:
RETL Proposal No.: P01161
will be performed in a manner consistent with the
,mbers of the same pro ession current Ty practi ring
The Client shall provide for RETL's right to enter the properly owned by the Client and /or others
and assure that the environmental boring locations are accessible to drilling equipment in order for
RETL to fulfill the Scope of Services included hereunder.
Either the Client or RETL may terminate this Agreement at any time with or without cause upon giving
the other party 10- calendar days prior written notice. The Client shall within 10 calendar days of
termination pay RETL for all services rendered and all costs incurred up to the date of termination, in
accordance with the compensation provisions of this contract.
Closing
If you are in agreement with our proposed scope of work, please authorize us to proceed by signing in the
space below and returning one copy to us.
Thank you for your consideration of our firm to assist you with this project. If you have any questions, or
comments, please call at (361) 883 -4555.
Sincerely,
Morgan Schummer
Geotechnical Project Manager
ACCEPTED AND APPROVED
LOW
Print
Date
For payment of services, invoice to:
Firm: Attn:
Address: Title:
City: State: Zip Code: Phone: Fax:
E -mail address:
cc: Mr. Kenneth Kaper, City of Corpus Christi
cc: Mr. Mark Guerra, City of Corpus Christi
ROCK ENGINEERING & TESTING LABORATORY, INC.
6817 LEOPARD STREET * CORPUS CHRISTI, TEXAS 78449
OFFICE: (361) 883 -4555 * FAX: (361) 883 -4711 * www.rocktesting.com
I EXHIMT "A I
Pacie :6 of 6
Exhibit B
Mandatory Requirements
INDEMNIFICATION AND HOLD HARMLESS
Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its
officers, 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 reasonable 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,
to the extent caused by Consultant's negligent performance of services 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 officers,
agents, servants, or employees, or any other person indemnified hereunder.
EXHIBIT "131"
Paqe 1 of 1, ��
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 adequa tely
staffed and equipped to perform. j
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, and 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 bye
promptly notified by "LAB" when it appears that materials tested or inspected are in no -
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 anid
decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY"
representatives may have different types of authority concerning THE PROJECT.
EXHIBIT "C"
Page 1 of 3
2..4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel
by "LAB" for completion of the required services. Such advance notice will be in accordance with
that established by mutual agreement of the parties. j
2.5 Direct THE PROJECT contractor, either by the Construction Contractor 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. j
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 5. STANDARD OF CARE AND WARRANTY
Services performed by "LAB" will be conducted in a manner consistent with that level of care and sk
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 ".
I EXHIBIT "C" I
Paqe 2 of 3
ARTICLE 6. SAFETY
"CITY" and "LAB agree that, in accordance with the generally accepted construction practice, t
PROJECT'S general contractor will be solely and completely responsible for working conditions on TI-
PROJECT, including safety of all persons and property during the performance of the work, and
compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty
"LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy
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
services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by 1
City Engineer.
ARTICLE 8. EXTENT OF AGREEMENT
E
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.
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 "C'
Pa e3of31
biQ 5UPPt.IER NUMBER
TO SE ASSIGNED BTCITT
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus
Christi DISCLOS 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 must be answered.
If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements
Certifications and definitions.
COMPANY NAME: 9tK E e Q ' s 4; 1p D Avr - j� t.C.
P. O. BOX:
STREET ADDRESS: ' �� $ �? ti,e CITY: s C Inr t 5t � ZIP: -1 S
FIRM IS: I. Corporation 2. Partnership 8 3. Sale Owner
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet. .
1. State the names of each `employee" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm.'
Name �
Job Title and City
Department (if known)
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
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 Committee Board, Commission or
N
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
A
LING REQUIREMENTS
--, ------ -- -- -- -. - - -.. - p ' lo ...-. .v.. -, '— s atu�.al�.M Rb 1wit Y 111 6.V 11161 M91
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 1
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: C. ur�t s Rooe.
(TYPe or Print)
Title:
Signature of Certifying Date:
Person: 11 I
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 ofthe 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.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi, Texas,
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.