Loading...
HomeMy WebLinkAboutC2017-492 - 11/7/2017 - Approved AGREEMENT for Geotechnical 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 PROFESSIONAL SERVICE INDUSTRIES. INC., a Texas corporation or partnership("LAB"), acting through its duly authorized representative who is Henry Galindo, P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Residential Street Rebuild Program BOND 2016 GO (Protect No. E17019) ("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$56,211. Monthly invoices will be submitted in accordance with Exhibit C. 4. 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. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPU C IRI TI ' . e FE ONAL S ICE INDUSTRIES, INC. f, 7 `' -1 7 9-27-aD Jeff H. dmonds, P.E. Date _ TEM•o, P. E. Date Director of Engineering Services r.ranc Manager 810 South Padre Island Drive Corpus Christi, TX 78416 (361)854-4801 Office henry.galindo@psiusa.com 7-0 1 I I�r1 AU HUtoL:. iY CAtlKCIL 2017-492 !J/ �� 11/07/17 �_.... SEra?FI.AR 1r1 2U 17-177 7019 RESIDENTIAL ST REBUILDIGEO TESTING PS(115_1215 TESTING AGREEMENT DOC Professional Service Industries Rev 12/15f15 INDEXED • PPROVED AS TO LEGAL FORM 10/10/17 Assistant City Attorney Date Project No. E17019 Accounting Unit: 3554-051 Account: 550920 Activity: E17019013554EXP Account Category: 50920 Fund Name: Street GO BOND 2016 ATTEST Encumbrance No. h43412-C24 ca Huerta Date City Secretary I 1/i 4./t K\ENGINEERING DATAEXCHANGEIANGIEM\STREET\Et7019 RESIDENTIAL ST REBUILD\GEO TESTING PSI\15_1215 TESTING AGREEMENT DOC Rev 12t15/15 Intertek September 22, 2017 City of Corpus Christi Department of Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Ms. Sarah West, P.E, CFM, Major Projects Engineer Re: Proposal for Geotechnical Engineering Services (Revision No. 3) Residential Street Rebuild Program (RSRP) Project No. E17019 ± 45,500 LF of Residential Streets City Districts 1 thru 5 Corpus Christi, Texas PSI Proposal No. 0325-219654 Dear Ms. West: Professional Service Industries, Inc. (PSI) is pleased to submit this proposal to conduct a geotechnical exploration at the above referenced project. PSI thanks you for the opportunity to propose these geotechnical services and looks forward to being part of the design team. A review of project information, along with a proposed scope of services, schedule and fee information is provided below. PROJECT UNDERSTANDING Project information was provided directly by Ms. Sarah West, P.E. with the City of Corpus Christi Department of Engineering Services. The geotechnical exploration will be performed for the repair of distressed pavement. The details of the site and the proposed development are given below. TABLE 1: SITE DESCRIPTION City District 1: 13 Streets(±11,025 LF)* City District 2: 7 Streets(±10,495 LF)* Residential Street Locations* City District 3: 9 Streets(±8,400 LF)* City District 4: 7 Streets(±9,495 LF)* City District 5: 6 Streets(±6,085 LF)* Site History Existing residential streets experiencing pavement distress Site Concerns Traffic control may be required.Automobiles parking in the street obstructing drill rig. Underground utilities. Ground Surface Soil Support Capability Firm Enough for Field Equipment *The names of streets and the exact number of lineal feet of pavement to be repaired were unknown at the time of this proposal.The footages shown were provided by the City of Corpus Christi for proposal fee estimates. Professional Service Industries,Inc.(PSI)•810 S.Padre Island Drive•Corpus Christi,TX 78416•Phone(361)854-4801•Fax(361): ••• EXHIBIT"A" Page 1 of 5 Residential Street Rebuild Program, Corpus Christi, TX PSI Proposal No. 0325-219654 TABLE 2: PROJECT DESCRIPTION Pavement Description ±45,500 LF of City Wide Residential Streets Pavement Construction Type Rehabilitation or Reconstruction of Existing Distressed Pavement with New Flexible Pavement Existing Grade Change within Project Site Match Existing Final Grade Unknown Pavement repair designs will be based on AASHTO 1993 and City of Corpus Christi Pavement Requirements. Should the above information or assumptions be inconsistent with planned construction, the Client should contact the PSI office and allow necessary modifications be made to the proposal. SCOPE OF SERVICES The geotechnical engineering scope of services will include the following items. • Field exploration consisting of drilling and sampling of the subsurface materials and observing groundwater levels at the site. • Laboratory testing of the subsurface materials. • Performing engineering analysis and providing geotechnical recommendations for the rehabilitation or reconstruction of distressed pavement in written report format for each city district included in this proposal. Field Exploration PSI proposes that the subsurface conditions be explored by soil borings following the provided PSI drilling program. The table below summarizes the exploratory boring program. Table 3: Summary of Boring (Assumed 1 Boring per 500 LF) Street Location Number of Boring Depth(s) Drilling Footage Borings (feet) (feet) District 1 22 5 110 District 2 21 5 105 District 3 17 5 85 District 4 19 5 95 District 5 12 5 60 TOTAL 91 --- 455 The proposed borings will be located within street pavement and City ROW areas. The borings locations will be identified in the field using available natural landmarks or GPS coordinates. PSI understands the boring locations will be coordinated with Hanson Professional Services and GPS coordinates for the boring locations will be provided. References to elevations of various subsurface strata will be based on depths below existing grade at the time of drilling. Intertek �j EXHIBIT "A" Page 2 of 5 Residential Street Rebuild Program, Corpus Christi, 1X PSI Proposal No. 0325-219654 • During the field activities, the subsurface conditions will be observed, logged, and visually classified. Field notes will be maintained to summarize soil types and descriptions, water levels, changes in subsurface conditions, and drilling conditions. • Final depths of the borings may be extended or reduced depending on the subsurface materials identified during field activities. • PSI will contact Texas811 or other public utility clearance companies prior to the start of drilling activities. It is our experience that these companies do not mark the locations of privately owned utilities. This proposal is based on private utility lines and other subsurface appurtenances are located in the field by others prior to field activities. PSI will take reasonable care to locate all utilities prior to drilling based upon the Texas811, or other public utility clearance companies, services and field observations by PSI. • PSI will exercise reasonable caution to avoid damages to underground utilities by contacting local utility companies prior to the field activities. However, private utility locations are often unknown by public utility companies and by the utility owners. If private utility markers are located within the vicinity of the borings, PSI will contact the utility company indicated on the marker. PSI will not be responsible for damage to the site or any buried utilities that are not made known to us. • Some damage to the ground surface may result from the drilling operations near the work areas and along ingress/egress pathways. The field crew will take reasonable care to avoid damaging the ground surface, but no restoration other than backfilling the borings is included in this proposal. Excess auger cuttings and drilling spoils not used to backfill the borings will be collected and removed from the site. • PSI will provide traffic control during drilling and sampling operations. Table 4: Antici•ated Field Ex•(oration Descri•tion Drilling Equipment Truck Mounted Drilling Equipment Drilling Method Continuous-Flight Auguring Drilling Procedure Applicable ASTM and PSI Safety Manual Field Testing Hand Penetrometer Split Spoon Testing (ASTM D1586) Sampling Procedure Soils: ASTM D1587/1586 Sampling Frequency Continuously to a Depth of 5-foot Boring Backfill Procedures Bentonite/Asphalt Cold Patch Sample Preservation and Transportation Procedure General Accordance with ASTM D4220 Laboratory Testing Representative soil samples obtained during the field exploration program will be transported to the PSI laboratory for testing. The nature and extent of this laboratory testing program will be dependent upon the subsurface conditions identified during the field exploration program. The laboratory testing program will include moisture content tests, Atterberg limits tests, percent of fines passing the No. 200 Sieve, and other tests as required to identify the engineering characteristics of the subsurface materials. Portions of any samples that are not altered or consumed by laboratory rt EXHIBIT "A" I Page 3 of 5 Residential Street Rebuild Program, Corpus Christi, 7X PSI Proposal No. 0325-219654 testing will be retained for 60 days after the issuance of the geotechnical report and will then be discarded. Engineering Analyses and Report The results of the field exploration and laboratory testing will be used in the engineering analysis and in the formulation of the recommendations. The results of the subsurface exploration, including the recommendations and the data on which they are based, will be presented in a written geotechnical report. PSI understands a separate geotechnical report for each of the five (5) Districts included in the rebuild program is requested. The geotechnical reports will include the following items: • A review of surface topographical features, geologic features, and site conditions; • Boring location plan and boring logs with laboratory test results of subsurface materials encountered; • Discussion of potential soil movements associated with shrinking and swelling soils at the site and methods to reduce these movements to more tolerable levels for the proposed construction; • Site preparation recommendations for the recommended street rehabilitation or, if necessary, street reconstruction; • Recommendations for the rehabilitation and/or reconstruction of the existing distressed pavements. As requested, one hard copy of the geotechnical report, and one electronic copy on CD or flash drive, will be prepared and submitted to the Client. If requested by the Client, additional hard and electronic copies can be provided. Each geotechnical report will be reviewed, signed, and sealed by a registered Professional Engineer. SCHEDULE Due to the project schedule for Delivery Order releases, PSI understands the final reports will be required to be completed with the following order and due dates: 1. Districts 2 and 5: November 27th; 2. District 3: December 15th; 3. District 1: January 12th; 4. District 4: January 26th' Based on the site accessibility, drilling can typically commence within approximately one week after receipt of authorization to proceed,weather permitting,and the clearing of underground utilities within the vicinity of the proposed borings is completed. PSI anticipates about 2 to 3 days of drilling time for each District. PSI can consult with the engineering consultants as field and laboratory test results become available and provide preliminary recommendations as required to assist in design. Delays sometime occur due to adverse weather, utility clearance requirements, site clearing requirements for drill rig access, obtaining drilling permits, obtaining Right of Entries and other factors 7 IEXHIBIT "A" Page 4 of 5 Residential Street Rebuild Program, Corpus Christi. 7X PSI Proposal No. 0325-219654 outside of PSI's control. In this event, PSI will communicate the nature of the delay and provide a revised schedule, if needed, as soon as possible. FEE PSI proposes that the fee for performance of the outlined scope of services be charged on a unit rate basis based upon the attached Estimated Fee Breakdown. Based on the scope of services outlined above, the estimated total fee will be $56,112.00. The estimated fee is based on the boring locations being accessible to truck mounted drilling equipment and the Client providing permission for PSI to enter and access the site. It should be noted that fees associated with locating private underground utilities, reviewing construction drawings, preparing construction specifications, attending special conferences, providing environmental consulting, and any other work requested after submittal of the report is not included in the proposed fee. AUTHORIZATION PSI will proceed with the work upon issuance by the City of Corpus Christi of the Notice To Proceed (NTP). CLOSING We appreciate the opportunity to offer professional services for this project and looks forward to being part of the design team. If there are any questions, please feel free to contact our PSI office. Respectfully submitted, Professional Service Industries, Inc. /, �wt� Henr, alindo, P.E. Dexter Bacon, P.E. Branch Manager Chief Engineer Intertek iP�il EXHIBIT"A" Page 5 of 5 EXHIBIT B TERMS AND CONDITIONS TO TESTING 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 designee 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 designee 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 designee has authority to transmit instructions, receive information and data and/or 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. 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: EXHIBIT"B" Page 1 of 6 • (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that 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 that, 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 contractors 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 its 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 retum 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 the same or similar conditions. 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. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indem, ec") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court EXHIBIT"B" Page 2 of 6 • • costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 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. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment)2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured On the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required Bodily Injury and Property Damage on all certificates or by applicable policy Per occurrence- aggregate endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended EXHIBIT"B" Page 3 of 6 • reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Bests rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi,TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City,with the exception of the workers'compensation policy and professional liability/Errors&Omissions policy; - (b) 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; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty(30)calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend EXHIBIT"B" Page 4 of 6 • • Lab'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 contract. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab'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. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 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 representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. [EXHIBIT "B" Page 5 of 6 • • • 13.2 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. 13.3 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. ARTICLE 14. 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 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. EXHIBIT"B" Page 6 of 6 e o e o o e 0I 0 0 o „ y E n c m o 0 0 O. m 0 0 0 co m m N C) N r 2m �° � E ou0i0O CO Nool- ~ ~ o mrN E U N aCI 0 4 o U 0 UJ o E Eaa) Q va, 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 E E. 'j O 0 0 0 0 0 00003 m m 0 O O O vi a m -c 0 0 0 0 0 D o r H H H r o r r O c c I9 O N O N O N N V N V W N I� N I0 NN N IO N W w f;22-1f9 H b3 lA f9 S NN S 69 90 m I- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 RI O 0 0 0 0 0 000m000 0 0 0 r O V O O O O O O O O H H H O 0 0 0 OO co dc 69 NN NNO to i0 0 E H e _ _ Si EA EA N M 'O 67. f9 19 49 S C al 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O 0 0 0 0 0 0 0 0 0 0 m m m 0 0 0 0 E o V 0 0 0 0 0 O O O H H H O 0 0 0 •o• p OO t9 W N b3 M w t9 N w N C y a. C - S 49 O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ... J C y 0 0 0 0 0 0 0 0 m m m 0 0 0 0 > V ` 0 O o 0 0 0 O O O H H H O 0 0 0 I?G o f9 O f9 h9 0 O f9 M O O O O O W C w w ,Jse; w `U r Zx10EI co I- x a N 4-100000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o U x N ; 0 0 0 0 O O O O m m m 0 O O O N C W X 0 •0 •0 •0 •0 •0 0 o h H H H r o n n $ p n 0 0 N O N O ' N V N O O) C L O o 0 p C 0 0 I- N N 0 _ W h N I'- Ol O N 1 ? Z H O p K w MN W H W H w el N 13 d R U W m o 0 w h e 10 O j d N O O O O O 0000000 0 0 0 d J a C I.1 0 0 0 0 0 O O O m m m 0 0 0 0 O 0. o C 0 0 0 0 0 0 0r--: H H H IC O N N Z b> EA N O N 69. 69 IND N N CO m 4O N Q 9 W N d b• U f9 6f f9 U3 el M S O. 0 Q E o O O O O 0 0000000 0 0 0 CO 0 0 0 0 0 O O O m m m 0 O O O N -G O O O O O O O O O H H H O 6 0 0 p Z 69 0 H S 0 5 N 69 N 0 N N V O O 0 r r N Q (47, b9 a H 63 NM 0 C 0 0 0 0 0 0000000 0 0 0 4_, O 00000 OOOm m m 0 0 0 0 Z1 2 2 0 0 0 0 0 OO O H H H O O O O O U 0 0 0 0 0 0 w t9 0 0 0 0 m C O O N N ya 0 0 0 0 0 0 0 ea ww S. la69 Q. • 6 (Ni S w Z L N N D y N ry N O N m N U- N yCO ° Of o N N 0 q N L m L N T N C LL N Z D_ a N C N Cl) a ? J a 0 U_ N m t L N p m i OI C c Q — LL m C C N J t6 O c c = OI Q o c N 0 p y E c a 'w - m p c 2 Q o E D - W 2 N -0 O o '90 N N N O U > CON '0 0 m a Q fp U m Q a_ 5 s a 0 co co m Q H EXHIBIT"C" Page 1 of 1 aCCITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `SIA". See reverse side for Filing Requirements,Certifications and definitions. COMPANY NAME: Professional Service Industries,Inc. P.O.BOX: STREET ADDRESS: 810 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: I. Corporation g2. Partnership 3. Sole 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 Cityof 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) NA 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 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 iv,/4 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 a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Henry Galindo,P.E. lite: Branch Manager (Type or Priv / tooge Signature of Certifying Date: ..,�7�2.0� Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership,corporation,joint stock company,joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. 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. • • • • CERTIFICATE OF INTERESTED PARTIES FORM 1295 10l1 Complete Nos 1.4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos 1.2.3.5.and 6It there ale no interested parties. CERTIFICATION OF FILING 1. Name of business entity filing lorm,and the city,state and country of Me business entity's place Certificate Number: of business. 2017-287114 Professional Service Industries.Inc. Corpus Christi,TX United Slates Dace Flied; 2 Name of governments/entity or slate agency that Is a Harty to the convector which the lorm is 11/27/2017 being Ned. City of Corpus Christi Date Acknowledged: 11/921/20111 3 Provide the identification number used by the governmental entity or sate agency to back or identify the Lntract,and provide a description of the services,goods,or other property to be provided under the contract. E17019(RSRP) Geotechnical Engineering Services 4 Nature of Interest Name of Interested Pally City,Stale,Country(place of business) (check pplicalM) Controlling I intermediacy Campbell,Gavin Arlington Heights,IL United Stales X Tiemann,Gregg Arlington Heights,IL United States X Dayton,Doug Arlington Heights,IL United States X Andrews,Todd Arlington Heights,IL United States X Grigsby,Michael Houston,TX United States X S Check only II there is NO Interested Party. ❑ 5 AFFIDAVIT I swear.a affirm,under penalty of perryry.Na the above disclosure is true arid correct. �r.� REYNA RODRIGUEZ JL *Amy 10 0 124290216 - - MY Commission ExpiresANA b-%/ Js,19,2016 `-R"alure of authorized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE /� Svorn10 and subscribed before me,by Me said jtnry (ILII .this the C2-7 act'e'1 day of Ma Win Fac 20 11 rttooc�ertify which,wiliness my nand and seed of elite, R— PO AL.,�— Zyn. Zia/154k(I. Ail nrt,islra.inrc AuI iSTI+ Signature of officert6n meting oath Printetfrume of officer administering oath Tills ol officer adSnistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 ACORO® CERTIFICATE OF LIABILITY INSURANCE 0 0/2017 IYYW)__ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh USA Inc. X 500 Dallas Street,Suite 1500 IA/CC.No.EMI: _ I.L_I__ : Houston,TX 77002 E-MAIL Attn:Houstcn.Certs@Marsh.cont ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC/ 905863-PSI-Prof-17-18 INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Greenwich Insurance Company 22322 PROFESSIONAL SERVICE INDUSTRIES,INC. 810 S.PADRE ISLAND DRIVE INSURER C:N/A N/A CORPUS CHRISTI,TX 78416 INSURER D:XL Specialty Insurance Company 31885 INSURER E:N/A N/A INSURER F: COVERAGES CERTIFICATE NUMBER: HOU-003346010-03 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIMITS IADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I INSD WVQ POLICY NUMBER (MMIDD/YYYYI IMMIDOIYYYY)I A x COMMERCIAL GENERAL LIABILITY GL0541569304 10/01/2017 10/01/2018 EACH OCCURRENCE S 5,000,000 DAMAGE TO RENTED CLAIMS-MADE I X 'OCCUR PREMISES Ea occxrence) S 100,000 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 10,000,000 X JECT 'POLICY PRO- r--:LOC PRODUCTS-COMP/OP AGG S 5,000 300 OTHER, I S B AUTOMOBILE LIABILITY RAD943781301 10/01/2017 10/01/2018 COMBINED SINGLE LIMIT $ 1,000,000 (Ea acodent) --- X ANY AUTO BODILY INJURY(Per person) S X OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY 1 AUTOS ONLY (Per accident) S UMBRELLA LIAR I 1 OCCUR EACH OCCURRENCE S EXCESS LIAB ; CLAIMS-MADE AGGREGATE S DED 1 RETENTION S S D WORKERS COMPENSATION I RWD300119301(AOS) 10/01/2017 10/01/2018 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER D Y/N RWR300119401(WI) 10101/2017 10/01/2018 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT ___ 5 _ OFFICER/MEMBEREXCLUDED? N IN/A 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 3 U yes,descnbe under 1,000,000 f DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:E17019 Residential Street Rebuild Program The City of Corpus Christi and its officers,officials,employees and elected representatives are included as Additional Insured(except as respects all coverage afforded by the Workers'Compensation and Professional Liability policies)and granted a Waiver W Subrogation as required by written contract. The General Liability coverage applies as primary and noncontributory where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Corpus Chnsti SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Engineering Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 9277 ACCORDANCE WITH THE POLICY PROVISIONS. Corpus Christi,TX 78469-9277 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John Shahid' ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: 905863 LOC*: Houston /1 ACO Oe ADDITIONAL REMARKS SCHEDULE Page z of 2 AGENCY NAMED INSURED WMA USG Inc. PROFESSIONAL SERVICE INDUSTRIES,INC 810 5.PADRE ISLANO DRIVE ',DUCT NUMBER CORPUS CHRISTI,TX 78416 CARRIER NAIC CW! • EFFECTIVE WR: ADDITIONAL REMARKS THIS ADDOIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance PTolS5 anM UWly: Policy I1:E0WXb9NTI' 1 UTNE UNARM Insurance Company.NAIL 416381 Effective Oaks.0933120I7 to 092f2OI6 Unit15.008000 End CIBm/40ENe SIR:$1,000000 ACORD 101(2008/01) ®3000 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD