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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.