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HomeMy WebLinkAboutC2012-376 - 10/23/2012 - ApprovedAGREEMENT for Geotechnical Engineering Services This AGREEMENT is between the City of Corpus Christ, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and KLEINFELDER CENTRAL, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Emad Al Turk, P.E., Vice-President, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Padre Island Water Suggly Study (Project No. E10172) ("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 "LAW for services provided in accordance with Exhibit 'W', Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed M400.00 (Sevenly, Thousand Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "D ". 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant 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 laws and regulations of the Federal government the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI /0. � Y j /-? Oscar R. Martinei, ' ' '- U (Date) Assistant City Manager SEP 2 5 2012 GONTRACT MANAGE ATTEST Project No. E10172 qcs,? 4V Fund Source No. 550920-447-9-00000-E10172 ; - rr, Water eW �A -Q ca F Z 24 6,4) 2012-376ince No. Armando Chapa, City Secretary 10/23/12 M2012-186 NEERM DATAEXCHANGEUENNIFEMW, Kleinfelder Central Inc. :-NT.DOC NED KL HINP L, 0, ER Bright People. Right Solutiom July 20, 2012 Proposal No.: 128140 City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Mr. Dan Biles, P.E. Interim Director of Engineering Services Subject: Proposed Geotechnical Study Padre Island Water Supply Corpus Christi, Texas As requested, we are pleased to submit this proposal for professional geotechnical engineering services for the Padre Island Water Supply project. This proposal is based on project information provided to us by Mr. J. Douglas McMullan, P.E. with Urban Engineering. The scope of services was developed in consensus with Mr. McMullan. The following sections provide our understanding of the project and our proposed scope of services. 1:k[011111*410 The project involves construction of about 17,000 lineal feet of 18-inch diameter water transmission main, 8-inch diameter natural gas line, and a 4-inch diameter Management Information System (MIS) conduit from Laguna Shores Boulevard to Padre Island in Corpus Christi, Texas. The project includes about 6250 ft of pipe installed by the horizontal directional drilling (HDD) method. Polyvinyl chloride (PVC) pipe is proposed for use for the water line and MIS conduit. The natural gas line will be 8-inch DR9 HDPE. The water line alignment will follow the edge of pavement or retaining wall along the John F Kennedy (JFK) Causeway, about 10 to 20 feet away from the structures. The water line and MIS conduit will be buried with about 2.5 feet of cover using conventional out and cover method and with 10 to 50 feet of cover using the HDD method. The gas line will be located about 5 feet from the water line and buried with about 3 feet of cover. 128140 / CCH 1 2PO236Draft2 Page 1 of 6 July 20, 2012 Copyright 2012 Kleinfelder EXHIBIT "A 5902 Ambassador Row, Corpus Christi, TX 78416 p 1 361.854.4774 f 1 361,854A924 Page I of 6 1=1 Based on review of available geological maps and our previous experience, the site is located on an outcropping of the Beaumont 'Formation with barrier island and beach deposits. These deposits consist of relatively thick layers of sand with clay and silt underlain by alternating strata of clay and sand. PURPOSE AND SCOPE OF BASIC SERVICES The purpose of the proposed study will be to provide recommendations for use during the design and construction of the water line, gas line, and MIS conduit. To accomplish this purpose, the proposed Scope of Basic Services includes exploring subsurface soil conditions, obtaining physical soil properties by laboratory testing, and providing recommendations for use during design of the lines and conduit. This scope is discussed in detail below. Field Ex Ip oration Coordinate field activities with the Texas Department of Transportation (TxDOT) and, as necessary, the City of Corpus Christi • Locate the proposed borings using GPS coordinates provided by Urban Engineering; the final locations will be recorded in the field using a hand -held GPS device • Contact Texas 81' 1 to locate buried utilities within existing easements and right- of-ways Mobilize a drilling rig to drill the following schedule of soil borings Schedule of Soil Borings No. of Soil Depth of Soil Borings Location of Soil Borings goring (ft) 4 HDD Pits — Onshore 30 3 Laguna Madre — Offshore 35 10 Adja to J FK Causeway — Onshore 15 • Three locations will be located offshore in the waters of the Laguna Madre. These locations will be drilled with a barge mounted drill rig. The remaining 14 borings will be located onshore and will be drilled using either a truck mounted drill rig or a marsh buggy mounted drill rig„ as appropriate. 128140 / CCH12P0236Draft2 Copyright 2012 Kleinfeider Page 2 of 6 July 20, 2012 KLEll`IFELDER 5002 Ambassador Row, Corpus Christi, TX 78416 p 1361.854.4774 f 1361.854.4924 = Page A" 6 Sample the subsurface soil near the ground surface or mud line in Laguna Madre and then every 5 feet thereafter; samples will be collected using either a tube sampler, or a split spoon sampler in conjunction with the standard penetration test, whichever is appropriate • Four (4) of the 15-foot boreholes will be converted to temporary piezometers to monitor subsurface water levels and to estimate borehole recharge time • Backfill onshore boreholes, with soil cuttings upon completion The borings will be logged in the field by a Kleinfelder geotechnical technician. - a • - • Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests may include: • Moisture content • Atterberg limits (liquid and plastic limits) • Percent passing No. 200 sieve • Particle size gradation (sieve analysis) • Unit dry weight and moisture content • Unconfined compressive strength Kleinfelder will retain soil samples for 90 days after submission of the final report. Further storage or transfer of samples can be made at owner expense upon written request. Engineering Analysis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided in the report includes the following items. • Description of the field exploration and laboratory testing • Summary of laboratory test results • Discussion of subsurface soil and groundwater conditions • General discussion of the site geology 128140 / CCH12P0236Draft2 Page 3 of 6 July 20, 2012 CopAht 2012 Kleinfelder KLEINFELDER 5= Ambassador Row, Corpus Christ, TX 78416 p[361.854.4774 fI361.864.4924 EXHIBIT " =Page 3 of 6 • Recommendations for pipe thrust restraints (passive earth pressures and sliding resistance) ' • Discussion of water, gas, and MIS lines bedding and backfilling requirements • General discussion of braced or sloped excavations • Discussion of apparent earth pressures for temporary trench support system evaluation • General discussion of HDD influence on adjacent structures • Discussion of subsurface water during our field sampling and subsurface dewatering • Recommendations for pavement subgrade reconstruction • Earthwork recommendation's • Plan of borings to scale illustrating the approximate location of each boring • A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information • One bound copy and one electronic copy of the report INFORMATIONI'SERVICES PROVIDED BY CITY OF CORPUS CHRISTI OR URBAN ENGINEERING • Designate in writing a person to act as their representative, with respect to the services rendered in this proposal • Indicate a point of contact at the City of Corpus Christi that can grant site access/escort. • Coordinate with the City of Corpus Christi to identify and mark water, wastewater, and gas utilities that are not located by Texas 811 that could be damaged during the field exploration program Obtain rights -of- entry, permits, easements, landowner permission, or other access authorization required to perform the services described in this proposal • Survey borings (if that degree of accuracy is required) and provide coordinates • Provide site plan(s) indicating existing and proposed structures 128140 f CCH12PO236Draft2 CopyMht 2012 Kleinfelder Page 4 of 6 July 20, 2012 f 1361.854.4924 EXHIBIT "A" Page 4of6 KLEINFELDER 5002 Ambassador Row, Corpus Christi, TX 78416 p 1361.854.4774 • Provide current topographic map indicating existing grades and proposed grades and/or cross sections indicating proposed cut/fill • Provide loading conditions and tolerance for differential movement for structures • Furnish available project data including previous geotechnical and/or forensic studies for this project ADDITIONAL SERVICES The following services are not included in the Scope of Basic Services and will be considered as Additional Services, if and when they are required or requested: • The services of specialty sub- consultants or other special outside services other than those described in the above Scope • Corrosion engineering • Bulldozer, all - terrain rig, clearing activities, or other equipment and personnel time required to access the boring locations other than those described in the above Scope • Meetings, other than those described in the above Scope • Additional report copies or submittals; report revisions after final submission, or report revisions resulting from changed regulations or design • Increased insurance coverage (if available) other than described in the Services Agreement • Coordination with regulatory agencies other than described in the above Scope • Sales or use taxes imposed and due on the professional services described in the above Scope after the date of this proposal • Any other services not specifically included in the above Scope Kleinfelder proposes to perform the Scope of Basic Services for a fixed price of $70,000. This amount will not be exceeded without prior approval.. Invoices will be issued on a periodic basis, or upon completion of a project, whichever is sooner. The net cash amount of this invoice is payable on presentation of the invoice. The City of Corpus Christi and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. 128140 / CCH12PO236Draft2 Copyright 20121Clairfelder Page 5 of 6 July 20, 2012 KLEINFELDER 5002 Ambassador Row, Carpus Christi, TX 78416 p 1361.854.4774 f 13 61.854.4924 EPaH'e IT -A" 5 of � ANTICIPATED SCHEDULE The field exploration will begin approximately 5 working days from the notice to proceed from the City of Corpus Christi and authorization from TXDOT are received. Completion of the field exploration will require approximately 8 working days, but will depend upon weather conditions and site accessibility. The engineering analyses and report preparation should be completed within 4 weeks after completion of the field exploration. If desired, preliminary data and recommendations can be provided to assist with your design efforts. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfeldees profession practicing in the same locality, under similar conditions and at the date the services are provided'. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal is valid for a period of 90 days from the date of this proposal. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without kleinfelder's express permission. TERMS OF ENGAGEMENT We understand that an Agreement between the City and Kleinfelder will be provided as our notice to proceed. Acceptance of the proposal indicates the City's review and understanding of the scope of services. We appreciate the opportunity to provide you with this proposal, and look forward to working with you on this project. If you have any questions or wish to discuss, please contact us at (361) 854-4774. Sincerely, KLEINIFELDER CENTRAL, INC. Texas Registered Engineering Firm F-5692 " Nv Don R. Rokohl, P.E. OJerrypstreu, S.E.T. Senior Professional Project Manager Attachment: ASFE Statement 128140 l CCH12P023613raft2 Page 6 of 6 July 20, 2012 Copyright 2012 Kleirt%lder KLEIWFELDER 5002 Ambassador Row, Corpus Christi. TX 7&416 p 1367.854.4774 f l 361.864.4924 EH: I T '6of6i EXHIBIT "B" INSURANCE REQUIREMENTS Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation/El- and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). I TYPE OF INSURANCE I MINIMUM INSURANCE COVERAGE I 30-Day Written Notice of Cancellation, or Bodily Injury & Property Damage reduction in coverage or limits required Per occurrence - aggregate on all certificates or by policy endorsements COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: Per Occurrence and in the aggregate 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/ Advertising Injury AUTOMOBILE LIABILITY to include: $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2. Hired — Non-owned vehicles UMBRELLA — EXCESS LIABIITY $1,000,000 COMBINED SINGLE LIMIT Must follow form PROFESSIONAL LIABILITY including: $2,000,000 per claim / $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1 Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Applicable to paid employees while on City property WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis (except for Professional Liability), by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non-renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. EXHIBIT "B" Pa e2of3 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall 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 casts 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 negligent performance of Consultant's 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 agents, servants, or employees or any ether person indemnified hereunder. E HIBIT "B" e 3 of 3 TERMS AND CONDITIONS TO AGREEMENT ►_lA111D]114ll /Ea] 4- W_11:W91 IF 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, and other standards designated in writing by the 'VTY 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 Cl policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2A 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" Page 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. 32 "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 "ClW' 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 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for EXHIBIT "C" Page 2 of 3 1 compliance with all municipal, state, and federal laws, rules and regulations, including `OSHA. The duty of "LA8"io providing services is not, therefore, tn include any review of, or responsibility for, the adequacy nf the PROJECT 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 uondidoms, represents the entire AGREEMENT between '^C|TY`^ and "LAEy'and supersedes all prior negotiation, representations or agreements, written ur oral. This AGREEMENT may be amended only bva written instrument signed by duly authorized representative of "CITY" and "LAB" |f 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 inva|id, 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 ea"LA8^ deems necessary to meet the Vb|ioadons K8 nf this AGRE�ENT. - EXHIBIT "C" Basic Services; Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services; Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees x �i x COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07 /27100 Total Amount Previous Total Percent Contract Amd No.. 1 AmuiNo.z Contract invoiced invoice invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0 % TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY PURCHASING DIVISION Cry of CITY OF CORPUS CHRISTI us Chfisti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do . p 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: Kleinfelder Q! :! � STREET ADDRESS: 5002 Ambassador Raw CITY: Corpus Christi ZIP: 78416 FIRM IS. 1. Corporation 2. Partnership 3. Sole Owner 13 4. Association 5. Other 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pat or attach separate sheet. 1. State the names of each "employee" of the City of Corpus C risti having an "ownership interest" constituting 3% or more of the ownership in the above named - firm.' Name Job Title and City Department (if known) N/A 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 N/A 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 N/A 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 N/A FILING REQUIREMENTS If 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 sighed writing o 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 fled with the City Secretary. [Ethics Ordinance Section 2 -349 {d }j 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: Emad Al Turk, P. E. Title. Vice President (Type or Print) Signature of Certifying G Date: Person: .,...„ DEFINITIONS z -/d Y/Z 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. e. "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.