HomeMy WebLinkAboutC2013-080 - 3/26/2013 - ApprovedAGREEMENT
for
Construction Materials Testing and Engineering Services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal
corporation ( "CITY"), acting through its duly authorized City Manager or designee ( "City Engineer'), and
ROCK ENGINEERING & TESTING LABORATORY INC. a Texas corporation or partnership ( "LAB"),
acting through its duly authorized representative who is Curtis A. Rock Business Development Manager
which agree as follows:
1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with
City's project, described as follows: Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd
Field Road BOND ISSUE 2012 ( Project No. E10100) ("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 fee not to exceed $84,201.00
(Ei-ghty Four Thousand Two Hundred One Dollars and Zero Cents)
4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save
harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set
forth in "Exhibit C ".
5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT
THE PROJECT SITE. To the best of the City's knowledge, based upon currently available information,
the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government,
the state, and city which exist at the PROJECT SITE are as follows: None.
CITY OF CORPUS CHRISTI
- _e�;W _'2226nd= - 3 - Z , 1, - �
Oscar R. Martinez, (Date)
Assistant City Manager
RECOMMENDED
Daniel Biles, P.E. (Date
Director of Engineering Services
APP� D AS TO FORM 2
17j
Office of Management (Date)
and Budget
Project No. E10100
Fund Source No. 550920- 3549 - 00000- E10100
Fund Name Street 2013 GO CIP Bond 2012
F_ncumhranr- Nn
2013 -08O
3126113
M2013 -053
RO ENG NEERI G & T STING LABORATORY
t?c_ a - a$ - 13
Curtis A. Rock (Date)
Business Development Manager
6817 Leopard Street
Corpus Christi, TX 78409
(361) 883 -4555 Office
(361) 883 -4711 Fax
U1rst m&c
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APB Ott
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Rock Engineering & Testing PSSTREE RE10100 YORKTOWN PH 2 FROM CIMARRON TO ROOD FIELMTESTINQCONSTRUCTION MATERIALS
• GEOTECHNICAL ENGINEERING
• CONSTRUCTION MATERIALS
ENGINEERING & TESTING
• SOILS . ASPHALT • CONCRETE
February 27, 2013
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78401
Attn: Mr. Dan Biles, P.E. — Director of Engineering
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
Yorktown Boulevard Phase 2 (Cimarron Blvd. to Rodd Field)
City Project No.: E10100
Corpus Christi, Texas
RETL Proposal Number: P022113A -- Rev. 1
Dear Mr. Biles,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be
selected to perform the required Construction Materials Testing for the above referenced
project. The Estimated Construction Materials Testing Budget for the Base Bid is
$83,911.00; there is no testing required for Add. Alt. #1 and Add. Alt. No. #2 is an
additional $290.00
We understand that we have been chosen to provide these services for this publicly
funded project. Therefore, by providing cost information we are not in violation of the
Texas Professional Services Procurement Act.
The estimated construction materials testing budget is based on a review of the information
provided to RETL. An estimated breakdown of field and laboratory testing required is included
as an attachment.
Please make note that the actual fees invoiced for this project will be based on the actual
testing performed. The total fee assessed will be dependent on the contractor's
construction techniques, number of trips made to the jobsite, elapsed time from
technician arrival to commencement of testing activities, and any time the technician is
required to be on -site but not performing testing activities.
Please be advised that weekend Technician time will be invoiced portal to portal at an
additional rate of $31.00 per hour.
RETL appreciates your consideration of our firm to assist you during the construction phase of
your project. If you agree with this proposal, please sign the attached Laboratory Testing
Services Agreement, submit the Distribution List and provide billing information. Please do not
hesitate to contact me at (361) 883 -4555 if you have any questions regarding the proposal or
would like to discuss further.
Sincerely,
Sandra Kirk
Project Estimator
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 1 of 7
Date: February 27, 2013
Project Name: Yorktown Blvd, Phase 2 (Cimarron Blvd. to Rodd Field)
City Project No.: E10100
Contact: Mr. Dan Biles, P.E. - Director of Engineering
Contact Information: City of Corpus Christi
EXHIBIT "A'
Page 2 of
Test Quantity
Unit Fee
Fee
PARKING & PAVE
Subgrade
Description:
12" Compact Subgrade
Sample Charge
$57.00
$57.00
Square Yardage:
39,723
Proctor Type:
Standard
1
$215.00
$215.00
Test Frequency:
Per 200 LF Lane/Lill
115
$44.00
55,060.00
Paving Section
Base
Description:
10" Crushed Limestone Flexible Base
Sample Charge
$57.00
$114.00
Square Yardage:
39,723
Proctor Type:
Modified
2
$253.00
$506.00
Test Frequency:
Per 200 LF Lane/Lift
115
$44.00
$5,060.00
Additional Test:
Atterberg Limits and Gradation
2
$188.00
$376.00
Additional Test:
LA Abrasion Loss
2
$321.00
$642.00
Additional Test:
Wet Ball Mill Test
2
$321.00
$642.00
HMAC
Description:
5" HMAC Pavement (Type B) Base Course
Sample Charge
$57.00
$1,083.00
Square Yardage:
39,723
Tonage:
9,216
Full Series Freq.:
1 every 500 Tons
19
$616.00
$11,704.00
Cored in Place Freq.:
1 every 1,000 LF of Street
5
$99.00
$495.00
HMAC
Description:
2" HMAC Pavement (Type D) Base Course
Sample Charge
$57.00
$513.00
Square Yardage:
39,723
Tonage:
4,370
Full Series Freq.:
1 every 500 Tons
9
$616.00
$5,544.00
Cored in Place Freq.:
I every 1,000 LF of Street
5
$99.00
$495.00
Driveway
Description:
6" Concrete Driveway
Square Footage:
11,965
Density Frequency:
2 per Driveway
10
$44.00
$440.00
Concrete
Set Size:
Concrete Cylinders (set of 4)
5
$176.00
$880.00
Test Schedule:
I @ 7 days & 3 @28 days
Concrete Strength:
3000 PSI
Test Frequency:
I set every 2,500 SF
STORM WATER DRAINAGE IMPROVEMENTS
Initial Back#ill
Sample Charge
$57.00
$57.00
Proctor Type:
Standard
1
$215.00
$215.00
Final Backfill
Sample Charge
$57.00
$57.00
Proctor Type:
Standard
1
$215.00
$215.00
Additional Test:
Atterberg Limits and Gradation
1
$188.00
$188.00
Stormwater
Line Description:
18" Dia. - 72" Dia. RCP
Line Length (LF):
5,664
145
$44.00
$6,380.00
Test Frequency:
1 every 200 LF per 12" Interval
Number of Lifts:
5 1
EXHIBIT "A'
Page 2 of
Date: February 27, 2013
I
Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field)
City Project No.: E10100
Contact: Mr. Dan Biles, P.E. - Director of Engineering
Contact Information: City of Corpus Christi
Culvert
Description:
Precast Concrete Box Culvert
Box Length (LF):
502
Test Frequency:
1 every 200 LF per 12" Interval
Number of Li$s:
4
I
Inlets
I
Number of Inlets:
37
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
l @ 7 days & 3 @ 28 days
Test Frequency:
I set every 6 items
Manholes
Number of Manholes:
19
Set Size:
Concrete Cylinders (set o£4)
Test Schedule:
1 @ 7 days & 3 @ 28 days
Test Frequency:
I set every 3 items
Junction Box
1 set every 2 items
Number of Junction Box:
1 i
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @ 7 days & 3 @28 days
Test Frequency:
1 set
Bar Ditches
Description:
Backfill Existing Bar Ditches
Linear Footage:
7,946
Density Frequency:
1 every 200 LF per 12" Interval
Number of Lifts:
2
Rip Rap
I
Description:
5" Concrete Riprap
Square Footage:
450 j
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @ 7 days & 3 @ 28 days
Test Frequency:
I set
i
Head Wall
i
Description:
Modify Existing Head Wall at Bear Creek
Set Size:
Concrete �ylinders (set of 4)
Test Schedule:
1 @ 7 days & 3 @28 days
Test Frequency:
1 set
Curb and Gutter
Description:
6" Concrete Curb & Gutter (Catch Curb)
Linear Footage:
9,500
Density Frequency:
I every 20 LF (Under & Behind Curb)
Concrete
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
I @ 7 days & 3 @ 28 days
Test Frequency:
I every 500 LF
I
EXHIBIT "A"
Page 3 of 7
Test „Quantity Unit Fee
Fee
12 $44.00 $528.00
7 $176.00 $1,232.00
10 $176.00 $1,760.00
1 $176.00 $176.00
80 $44.00 $3,520.00
1 $176.00 . $176.00
1 $176.00 $176.00
96 $44.00 $4,224.00
19 $176.00 $3,344.00
Date: February 27, 2013
Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field)
City Project No.: E10100
Contact: Mr. Dan Biles, P.E. _ Director of Engineering
Contact Information: City of Corpus Christi
Test Quantity
Curb and Gutter
Description: 6" Concrete Curb & Gutter (Reverse & Header Curb)
Linear Footage: 9,225
Density Frequency: l every 200 LF (Under & Behind Curb) 94
Concrete
Set Size: Concrete Cylinders (set of 4)
Test Schedule: I @ 7 days & 3 @ 28 days 19
Test Frequency: I every 500 LF
Sidewalk
$253.00
Description:
Replace Concrete Sidewalk
Square Footage:
100
Density Frequency:
I per 5,000 SF at Subgrade 1
Concrete
Test Frequency:
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @ 7 days & 3 @ 28 days 1
Test Frequency:
1 every 500 LF
WATER DISTRIBUTION IMPROVEMENTS
Initial Backfill
Number of Fire Hydrants:
Proctor Type:
Standard (Same as Storm Water Drainage Improvements
Final Backfill
Concrete Cylinders (set of 4)
Unit Fee Fee
$44.00 $4,I36.00
$176.00 $3,344.00
$44.00 $44.00
$176.00 $176.00
Proctor Type: Standard (Same as Storm Water Drainage Improvements
Additional Test: Atterberg Limits and Gradation (Same as Storm Water Drainage Improvements)
Water
$253.00
$44.00
Line Description:
6 ", 8" & 12" Water Line
$188.00
Line Length (LF):
1,871
Test Frequency:
1 every 200 LF per 12" Interval
30
Number of Lifts:
3
Fire Hydrants
1 every 200 LF
Number of Fire Hydrants:
6
Set Size:
Concrete Cylinders (set of 4)
2
Test Schedule:
1 @ 7 days & 3 @ 28 days
Test Frequency:
1 set every 3 items
BILL WITT PARK ENTRANCE
Subgrade
Description:
12" Compact Subgrade
Sample Charge
Square Yardage:
788
Proctor Type:
Standard
1
Test Frequency:
Per 200 LF Lane/Lift
3
Paving Section
Base
Description:
6" & 8" Crushed Limestone Flexible Base
Sample Charge
Square Yardage:
788
Proctor Type:
Modified
1
Test Frequency:
Per 200 LF Lane/Lift
3
Additional Test:
Atterberg Limits and Gradation
1
Additional Test:
LA Abrasion Loss
1
$44.00 $1,320.00
$176.00 $352.00
$57.00 $57.00
$215.00 $215.00
$44.00 $132.00
$57.00 $57.00
$253.00
$253.00
$44.00
$132.00
$188.00
$188.00
$321.00
$321.00
EXHIBIT "A"
Page 4 of 7
Date: February 27, 2013
Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field)
City Project No.: E10100
Contact: Mr. Dan Biles, P.E. - Director of Engineering
Contact Information:. City of Corpus Christi
EXHIBIT "A"
Pa e5of7
Test Quantity
—
Unit Fee
Fee
HMAC
Description:
2" HMAC Pavement
Sample Charge
$57.00
$57.00
Square Yardage:
381
Tonage:
42
Full Series Freq.:
1 every 500 Tons
1
$616.00
$616.00
Cored in Place Freq.:
1 every 1,000 LF of Street
1
$99.00.
$99.00
Concrete
Description:
6" Concrete Pavement
Cubic Yards:
22
Set Size:
Concrete Beams (set of 4)
2
$272.00
$544.00
Test Schedule:
1 @ 7 days & 3 @ 28 days
Test Frequency:
1 set per Day's Pour
Additional Test:
Air Content
2
$15.00
$30.00
Curb and Gutter
Description:
6" Concrete Header Curb
Linear Footage:
140
2
$44.00
$88.00
Density Frequency:
1 every 200 LF (Under & Behind Curb)
Concrete
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @ 7 days & 3 @ 28 days
1
$176.00
$176.00
Test Frequency:
1 every 500 LF
ADA PEDESTRAIN IMPROVEMENTS
Sidewalk
Description:
4" Concrete Sidewalk
Square Footage:
43,555
Density Frequency:
1 per 5,000 SF at Subgrade
9
$44.00
$396.00
Concrete
Set Size:
Concrete Cylinders (set of 4)
11
$176.00
$1,936.00
Test Schedule:
I @ 7 days & 3 @ 28 days
Test Frequency:
1 set every 4,000 SF
Ramp
Description:
Concrete Curb Ramp
Square Footage:
585
Set Size:
Concrete Cylinders (set of 4)
1
$176.00
$176.00
Test Schedule:
I @ 7 days & 3 @ 28 days
Test Frequency:
1 set every 4,000 SF
Curb and Gutter
Description:
Concrete Sidewalk Retaining Curb (18" Max. Height)
Linear Footage:
300
Density Frequency:
I every 200 LF (Under & Behind Curb)
4
$44.00
$176.00
Concrete
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @ 7 days & 3 @ 28 days
1
$176.00
$176.00
Test Frequency:
1 every 500 LF
EXHIBIT "A"
Pa e5of7
Date: February 27, 2013
Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field)
City Project No.: E10100
Contact: Mr. Dan Biles, P.E. - Director of Engineering
Contact Information: City of Corpus Christi
Test Quantity Unit Fee Fee
STREET LIGHTING IMPROVEMENTS (NO TESTING REQUIRED)
CYLINDER PICK -UP FEES 45 $43.00 $1,935.00
TRANSPORTATION FEES
Location: Corpus Christi, Texas 236 $45.00 $10,620.00
ADMINISTRATION FEES (1 Time Fee Per Project) 1 $85.00 $85.00
ESTIMATED TOTAL $83,911.00
*This is only an estimate. Please make note that the actual fees invoiced for this project will be based on the actual testing
performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the
jobsitc, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be
on -site but not performing testing activities.
EXHIBIT ""
Page 6 of 7
Date: February 27, 2013
Project Name: Yorktown Blvd, Phase 2 (Cimarron Blvd. to Rodd Field)
City Project No.: E10100
Contact: Mr. Dan Biles; P.E. - Director of Engineering
Contact Information: City of Corpus Christi
Test Quantity Unit Fee
ADDITIVE ALTERNATE NO. 1 - ELECTRICAL CONDUIT FOR FUTURE M.LS. (NO TESTING REQUIRED)
ADDITIVE ALTERNATE NO.2 - RTA BUS STOP PADS
Paving Section
Base
Description:
Square Yardage:
Proctor Type:
Test Frequency:
Additional Test:
Additional Test:
Base
Description:
Square Yardage:
Proctor Type:
Test Frequency:
Additional Test:
Additional Test:
1IMAC
Description:
Square Yardage:
Tonage:
Full Series Freq.:
Cored in Place Freq.:
Concrete
Description:
Cubic Yards:
Set Size:
Test Schedule:
Test Frequency:
Additional Test:
Sidewalk
Description:
Square Footage:
Set Size:
Test Schedule:
Test Frequency:
Landing
Description:
Square Footage:
Set Size:
Test Schedule:
Test Frequency:
Additional Test:
10" Crushed Limestone Flexible Base
200
Modified (Same as Street Improvements)
Per 200 LF Lane/Lift 3
Atterberg Limits and Gradation (Same as Street Improvements)
LA Abrasion Loss (Same as Street Improvements)
7" Crushed Limestone Flexible Base
788
Modified (Same as Street Improvements)
Per 200 LF Lane/Lift 3
Atterberg Limits and Gradation (Same as Street Improvements)
LA Abrasion Loss (Same as Street Improvements)
2" & 5" IIMAC Pavement (Not Required) Sample Charge
381
42
revery 500 Tons 1
I every 1,000 LF of Street 1
9" Concrete Pavement
40
Concrete Beams (set of 4) 1
1 @7days &3 @28 days
1 set every 50 CY
Air Content 1
4" Concrete Sidewalk (Not Required)
300
Concrete Cylinders (set of 4)
1 @7days &3 @28 days
1 set every 4,000 SF
5" Concrete Landing
600
Concrete Beams (set of 4)
1 @7days &3 @28 days
1 set every 4,000 SF
Air Content
TOTAL ADDITIVE ALTERNATE NO.2
1
1
1
Fee
$44.00 - $132.00
$44.00 $132.00
$57.00 $57.00
$616.00 - $616.00
$99.00 $99.00
$272.00 $272.00
$15.00 $15.00
$176.00 $176.00
$272.00 $272.00
$15.00 $15.00
$290.00
EXHIBIT "A"
Page 7 of 7
TERMS AND CONDITIONS TO AGREEMENT
ARTICLE 1. SERVICES: "LAB" will:
1.1 Provide only those services requested, by "CITY ENGINEER" that, in the opinion of "LAB ", lie
within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately
staffed and equipped to perform.
1.2 Perform technical services under the supervision of a licensed professional engineer and in
compliance with the basic requirements of the appropriate standards of the American Society for
Testing and Materials, where applicable, 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 be
promptly notified by "LAB" when it appears that materials tested or inspected are in non-
compliance. Only the "CITY ENGINEER" or his designated representative have authority to
transmit instructions, receive information and data, interpret and define the CITY's policies and
decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY"
representatives may have different types of authority concerning THE PROJECT.
2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel
by "LAB" for completion of the required services. Such advance notice will be in accordance with
that established by mutual agreement of the parties.
EXHIBIT "B"
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.
3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE
PROJECT specifications or other contract documents nor to approve or accept any portion of the
work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER"
will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the
sampling, testing, or inspection of operations covered by the AGREEMENT.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services.
The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT
Contractor's means, methods, techniques, sequences or procedures of construction, and it is
understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of
his responsibilities for performing the work in accordance with THE PROJECT plans and
specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean
periodic observation of the work and the conducting ' of tests by "LAB" as specified in the
AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is
approving placement of materials. Inspection is not and should not be construed to be a warranty
by "LAB" to the "CITY" or any other party.
4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of
the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission
of any report related to the sample. Following the retention period, "LAB" will dispose of non-
hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples
containers and residues to "CITY ". "CITY" agrees to accept such samples and samples
containers.
ARTICLE 5. STANDARD OF CARE AND WARRANTY
Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill
ordinarily exercised by reputable members of the profession currently practicing under similar conditions
in the same locality. No other warranty either expressed or implied is made or intended by the
AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data
developed by "LAB ".
ARTICLE 6. SAFETY
"CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the
PROJECT'S general contractor will be solely and completely responsible for working conditions on THE
PROJECT, including safety of all persons and property during the performance of the work, and for
EXHIBIT "B"
Page 2 of 3
compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of
"LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of
the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site.
ARTICLE 7. INVOICES AND PAYMENT
"LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of
services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the
City Engineer.
ARTICLE 8. EXTENT OF AGREEMENT
8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire
AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations
or agreements, written or oral. This AGREEMENT may be amended only by a written instrument
signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between
these terms and conditions and this AGREEMENT, these terms and conditions are controlling.
8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any
reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full
effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were
never included in this AGREEMENT. No waiver of any default will be a waiver of any future
default.
8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but
"LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations
of this AGREEMENT.
EXHIBIT "B"
Page 3 of 3
Exhibit "C"
Mandatory Requirements
(Revised November, 2005)
INDEMNIFICATION AND HOLD HARMLESS
Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its
agents, servants, and employees, and each of them against and hold it and them harmless
from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court
costs and attorneys' fees, for or on account of any injury to any person, or any death at any
time resulting from such injury, or any damage to any property, which may arise or which
may be alleged to have arisen out of or in connection with the work covered by this contract.
The foregoing indemnity shall apply except if such injury, death or damage is caused by the
sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or
employees or any other person indemnified hereunder.
EXHIBIT "C"
Page 1 of 1
SUPPMER NUMBER
TO BE ASSIGNED 1311 rV
KIRCH.ASI IG DIVISION
Cino CITY OF CORPUS CHRISTI
Carpus DISCLOSURE OF INTEREST
chrtsti
City ofCtwpus Christi. Ordinance 17112. as amended, requires all pe ms or firms seeking to do
business with tlK City to pr ovide die following intort intion. Every must be aixq%vewd.
if the question is not a licable, attsx��er with "NK% See revem side for piling Requiremeltts.
Certilaeations and definitions.
COMPANY NAME:. oef: I nginc�eriaog & 7`ecting I, alxarntortiP. Inc.
P. O. SOX:
STREET ADDRESS: 6817 Leopard Strut CITY: Corpus Christi ZIP:
FIRM IS: 1. cawration j '_. Partnership 8 3. Sole 0uncr []
4. Association LJ S. tither
DISCLOSURE QUESTIONS
If additional space is necessary, }Tease use the reverse side of this page or attach separate sheet.
L Slag the names of eacli "employee" of the City of Carpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named Zinn'
Name Job Title and City
I�parttttent (if known)
2. 'state the names of each "official " of the City of Corpus Christi having, an **ownership interest"
constituting 3% or more ofthc ownership in the above aanwd "firrtt."
Name Title
J. State the names of each "beard member' of tite Cite of Corpus Christi having an "ownership
interest" constituting, 3% o more of the ownership in the above muted - firm."
Name Board. Commission or
�r C Committee ,
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi
who evorke;d 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 nanie:d "f erm:"
Name consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[ ihics Ordinance Section 7,349 (d)]
CERTIFICATION
I certify that al l information provided is true and correct as of the dote of this statement, that I
have not knowingly withheld disclosure of any information t�rrested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certify Person: oz Title:
p
fY nS ur+r s � 'P OC K Pyt% Hess QD�etd mamaapr
irYpt or hfiaq — �•
Pen ure of Certifying Date:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or
part -time basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whetter 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 stack company, joint venture, receivership or host, 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.