HomeMy WebLinkAboutC2021-011 - 1/12/2021 - Approved (2) DocuSign Envelope ID: BCDF9550-1C41-4712-B614-9EFFF82B08D8
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oeJSC SERVICE AGREEMENT NO. 3390
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l ► ► II :4oi CITY OF CORPUS CHRISTI
� � MASTER SERVICES AGREEMENT FOR GEOTECHNICAL AND
41
CONSTRUCTION MATERIALS TESTING
aevon °
1852
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation. P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly
authorized City Manager or designee and Arias & Associates Inc. an Texas Corporation, 142
Chula Vista Dr. San Antonio. Texas 78232("Lab").
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I — PROJECT TASK ORDER 2
ARTICLE II — COMPENSATION 2
ARTICLE III — INSURANCE REQUIREMENTS 3
ARTICLE IV - INDEMNIFICATION 3
ARTICLE V — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 4
ARTICLE VI - TERMINATION OF AGREEMENT 4
ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT 4
ARTICLE VIII — MISCELLANEOUS PROVISIONS 5
EXHIBIT A TERMS AND CONDITIONS
EXHIBIT B SCOPE OF WORK
EXHIBIT C RATE SCHEDULE
EXHIIBIT D SAMPLE INVOICE
EXHIBIT E DISCLOSURE OF INTEREST
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ARTICLE I — PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and
conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order.
No Task Order shall be binding or enforceable unless and until it has been properly executed by both City
and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this
Agreement.
1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services
shall include all associated services required for Lab to provide such Services, pursuant to this Agreement,
and any and all Services which would normally be required by law or common due diligence in accordance
with the standard of care defined in Article VIII of this Agreement. Lab will perform the services in
accordance with the approved Scope of Services and with Lab's response to the Request for Qualifications
related to this project,which response is incorporated by reference into this Agreement as if set out here in
its entirety.
1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master
Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to
authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior
to execution of work.
1.4 The general scope for these Task Orders is outlined in Exhibit B. More specific scope of work will be
issued for pricing when a task order is needed.
1.5 Lab must provide all labor,equipment and transportation necessary to complete all services agreed to in a
timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to
this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with
a list of all subcontractors/subconsultants that includes the services performed by the
subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant.
Changes in Lab's team that provides services under this Agreement must be agreed to by the City in
writing.
1.6 Lab must not begin work on any Task Order authorized under this Agreement until they are briefed on the
scope of the Project and are issued the fully executed Task Order to proceed.
ARTICLE II — COMPENSATION
2.1 The Compensation for all services performed under this Agreement shall not exceed $750,000.00.
2.2 The Lab's fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a
negotiated not-to-exceed amount. The fees will not exceed those set out in the Task Order and will be full
and total compensation for all services outlined in each Task Order, and for all expenses incurred in
performing these services.
2.3 Lab shall price Task Orders in accordance with Exhibit C, Rate Schedule, subject to approval by the City.
2.3 All services shall be performed in accordance with the applicable standard of professional care set forth
herein and to City's satisfaction,which satisfaction shall be judged by the Director in his/her sole discretion.
City shall not be liable for any payment under this Agreement for services which are unsatisfactory and
which previously have not been approved by the Director.
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2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Task Order or as final compensation or regarding any amount that may be withheld by City, Lab shall be
required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the
procedures provided herein for the resolution of such dispute. In the event Lab does not initiate and follow
the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof,
any such claim shall be waived.
2.5 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.
2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in
writing and identified by Lab as unsettled at the time of final Payment Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to
suspend work pending receipt and appropriation of funds.
ARTICLE III — INSURANCE REQUIREMENTS
3.1 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 or subconsultant to
commence work under this Agreement until all similar insurance required of any subcontractor or subconsultant
has been obtained.
3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement
which is attached hereto and incorporated herein as Exhibit A.
ARTICLE IV- 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 consultant, over which the City exercises control ("Indemnitee") 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 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.
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ARTICLE V—TERM; RENEWALS; TIMES FOR RENDERING SERVICE
5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
5.3 The initial term of this Agreement shall be fora period of one year beginning on the Effective Date, unless
extended by authority of the City Manager or designee. The Agreement may be renewed for up to one-
year renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration
date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved
changes.
5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Lab will perform services and provide deliverables within a reasonable time.
ARTICLE VI -TERMINATION OF AGREEMENT
6.1 City may terminate this Agreement or Task Order under this Agreement,with or without cause, upon seven
days written notice to Lab at the address of record.
6.2 Lab will be compensated for authorized services completed up to the date of termination.
ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT
7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Lab's
records relating to the work and/or services provided under this Agreement, during the term of this
Agreement and retention period herein. The audit, examination or inspection may be performed by a City
designee,which may include its internal auditors or an outside representative engaged by City. Lab agrees
to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is
an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of
the dispute.
7.2 "Lab's records" include any and all information, materials and data of every kind and character generated
as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost
ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions,
agreements, purchase orders, leases, contracts,commitments,arrangements,notes,daily diaries, reports,
drawings, receipts, vouchers, memoranda,time sheets, payroll records, policies, procedures,federal and
state tax filings for issue in questions and any and all other agreements,sources of information and matters
that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab's records only during City's
regular business hours. Lab agrees to allow City's designee access to all of Lab's records, Lab's facilities
and Lab's current or former employees, deemed necessary by City or its designee(s), to perform such
audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space
necessary to City or its designees to conduct such audits, inspections or examinations.
7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract.
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ARTICLE VIII —MISCELLANEOUS PROVISIONS
8.1 Assignability. The Lab will not assign,transfer or delegate any of its obligations or duties in this Agreement
to any other person without the prior written consent of the City, except for routine duties delegated to
personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the
partnership, this contract will inure to the individual benefit of such partner or partners as the City may
designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent
of the City.
The City will not pay the fees of experts or technical assistance or other Labs unless such employment,
including the rate of compensation, has been approved in writing by the City.
8.2 Ownership of Documents. Lab agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with,pursuant to
or as a result of this Agreement, including contract documents (plans and specifications), drawings, test
results and submittal data. Lab may retain a copy for its files.
8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of
skill and care ordinarily provided by competent members of the profession practicing under the same or
similar circumstances and professional license.
8.4 Licensing. Lab shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement
between City and Lab and supersedes all prior negotiations, representations or agreements,either oral or
written. This Agreement may be amended only by written instrument signed by both the City and Lab.
8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
8.7 Certificate of Interested Parties. Lab agrees to comply with Texas Government Code section 2252.908 and
complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be
electronically filed with the Texas Ethics Commission at
haps://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed,
signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/leqal/ch46.html.
8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file
Form CIQ with the 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/qovernment/city-secretary/conflict-disclosure/index
8.9 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 lies exclusively in Nueces County, Texas.
8.10 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were physically included herein.
8.11 Public Information. The requirements of Subchapter J Chapter 552 Texas Government Code may apply to
this Agreement, and the Lab agrees that the Agreement may be terminated if the Lab knowingly or
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intentionally fails to comply with a requirement of that subchapter.
8.12 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the
remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific
Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or
unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,
shall not affect or prejudice in any way the validity of this Agreement in any other instance.
8.13 Title VI Assurance. Lab shall prohibit discrimination in employment based upon race, color, religion,
national origin, gender, disability or age.
8.14 Independent Contractor. The relationship between City and Lab under this Agreement shall be that of
independent contractor. City may explain to Lab the City's goals and objectives in regard to the services to
be performed by Lab, but the City shall not direct Lab on how or in what manner these goals and objectives
are to be met.
8.15 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in
any documents prepared by Lab and included herein, is in conflict with the terms of this Agreement,which
incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order shall take
precedence and control to resolve said conflict.
8.16 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement shall be construed to waive City's
governmental immunity from lawsuit,which immunity is expressly retained to the extent it
is not clearly and unambiguously waived by state law.
CITY OF CORPUS CHRISTI ARIAS ASSOCIATES, INC.
DocuSigned by: DocuSigned by:
leoI 1/14/2021 [i3ttst1l1&. Qvias 12/23/2020
0370C4i 1 27{72...
)9lid `igli juez (Date) Jeremy Arias (Date)
Chief of Staff Vice President
142 CHula Vista, Drive
San Antonio Texas, 78232
(210) 308-5884
jariasAariasinc.com
APPROVED AS TO LEGAL FORM
,-DocuSigned by:
QiKNt . Alb1144u..I. 12/23/2020 01/12/2021 Authorized By
Assl ty Attorney (Date)
for City Attorney Council M2021-008
ATTESTDS�r
DocuSigned by: L /S
A77e20e l 7e
Rebecca uerta, City Secretary
Page 6 Rev 20-6
0
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EXHIBIT A
TERMS AND CONDITIONS TO GEOTECHNICAL AND
CONSTRUCTION MATERIALS 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.
1.5 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.
1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies
specifically designated in writing by the City Engineer.
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 Contract or direct written order, to:
Master Services Agreement
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(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 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 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 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 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. INSURANCE REQUIREMENTS
5.1 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.
5.2 Lab must furnish to the Director of Engineering Services with the signed agreement(or amendment)a copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum
coverage. 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.
Master Services Agreement
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TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence -aggregate
policy 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
5. 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 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
POLLUTION LIABILITY $1,000,000 Per Claim
Required if boring, sampling or excavating > 5
ft below grade
5.3 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.
5.4 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.
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5.5 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. Best's rating of no less than
A-VII. Lab is required to provide City with renewal Certificates.
5.6 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
5.7 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.
5.8 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 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.
5.9 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.
5.10 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.
5.11 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.
5.12 It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
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ARTICLE 6. CLAIMS
6.1 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.
6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement
negotiations for purposes of applicable rules of evidence.
6.3 In case of litigation between the parties, Lab and City agree that neither party shall be responsible for
payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both
Parties expressly waive any claim to attorney's fees should litigation result from any dispute under this
Agreement.
6.4 In case of litigation between the parties, Lab and City agree that they have knowingly waived and do hereby
waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently
agree otherwise in writing.
ARTICLE 7. 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.
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/77
- EXHIBIT B
' 1 SCOPE OF WORK
GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING
........\--;2rj..,il
IS
Geotechnical Testing and Construction Material Testing—services that include specified
geological and geotechnical field operations, laboratory testing and engineering analysis for
various projects.
Geotechnical Engineering
The NE shall perform geotechnical engineering services that include specified Geological
and Geotechnical Field Operation, Testing Program and Engineering Analysis for various
infrastructure construction projects identified in each task order.
Materials Engineering
The A/E shall perform and supervise all sampling, testing, inspection work, and related
services for various infrastructure construction projects identified in each task order.
Engineering Reports for Geotechnical and Materials Engineering
The NE will submit a Report of Findings for each task order. Reports may contain but are not
limited to items such as:
• A description of the field exploration and laboratory tests
• maps of boring locations
• Boring logs
o Note (provide narrative of) the location of the bores relative to the street section
in the report. For example, was the bore in the middle of the center turn lane, in
the outer westbound lane, between the 2 eastbound lanes, approximately 1-ft
from the edge of the gutter in the eastbound lane, etcetera.
• A discussion of the engineering properties of the subsurface materials encountered
• Trench excavation design parameters
• OSHA soil type classification
• Pavement Section recommendations
o Include asphalt pavement options
o If a thick pavement section is recommended (including surface, base, &
subgrade), provide alternative options to reduce the thickness (i.e. multiple
geogrid layers, increased hotmix, etc.). Notify the City PM to discuss prior to
finalizing the report.
o Include narrative of benefits/risks of proposed components
o Recommendations for prolonging/protecting the pavement sections (i.e. not
driving on unprotected base, backfilling within 48-hrs to protect base).
• Design Parameters
o 30 Year Design Life
1
DocuSign Envelope ID:BCDF9550-1C41-4712-8614-9EFFF82B08D8
5233 IH-37, Ste. 8-13, Corpus Christi, TX 78852 0
AR I AS (830) 757-8891 0
GEOPROFESSIONALS
(830) 757-8899 O
December 2, 2020
City of Corpus Christi Texas
Contracts and Procurement Department
PO Box 9277
Corpus Christi, Texas 78469
Attn: Jennifer Rodriguez, Contracts/Funds Administrator
Arias appreciates the opportunity to provide services and unit rates. Arias is responsible for project
management, coordination, and communications of our geotechnical or construction materials testing services
that consist of project activities including, but not limited to:
Geotechnical Engineering
• Investigation of existing subsurface conditions/materials
• Determine and evaluate relevant physical and chemical properties
• Assessing soil behavior of existing site conditions
• Earthwork/Foundation design criteria
• Provide design parameters for water and sewer pipeline installations
• Pavement evaluation and design criteria
• Bearing capacity, stability and settlement analyses for embankments, cut slopes and retaining walls
• Forensic Studies
Materials Engineering and Testing, Verification Testing
• Soil mixtures and density
• Foundation/site preparation
• Structural steel observation
• Concrete strength testing and observation
• Aggregate and asphalt testing and recommendations
• Soil characterization (texture, chemical, biological)
Should you have any questions or comments please reach out to Spencer Higgs, P.E. at shiggs(a)ariasinc.com
or 210-499-6841. We look forward to providing services.
Sincerely,
Spencer A. Higgs, P.E.
Vice President
Austin I Corpus Christi I Dallas-Fort Worth I Eagle Pass I San Antonio
DocuSign Envelope ID:BCDF9550-1C41-4712-8614-9EFFF82B08D8
4AFziiks
GEOPROFESSIONALS
Geotechnical Unit Rates
Labor Rates(per hour) Unit Per/Unit
Principal hour $195.00
Project Manager hour $143.00
Senior Project Engineer, P.E. hour $162.50
Project Engineer,P.E. hour $137.50
Professional Geologist hour $105.00
EIT hour $105.00
Senior Engineering Technician hour $70.00
CAD Technician/Draftsperson hour $70.00
Administrative Specialist hour $50.00
Reid Exploration
Drill Rig Mobilization(Corpus Christi,TX-local)(each) each $350.00
Drill Rig Mobilization(Out of town)(per mile) mile $6.50
Drilling and Sampling, Standard Sampling(per foot) foot $18.00
Transport of CPT Crew/Equipment each $3,000.00
2-Man CPT Crew/Equipment day $3,500.00
Texas Cone Penetrometer(TCP)(each) each $42.00
Site Clearing-Backhoe and Operator(per day) day $2,250.00
Grouting-Drill Rig&Crew(per hour) hour $175.00
Grouting Materials&Technician Support(per foot) foot $8.00
Asphalt or Concrete Patch Borehole each $100.00
Stand-by Time(Drill Rig)(per hour) hour $225.00'',
Standpipe Piezometer Installation foot $25.00
Slug Test each $1,500.001
Traffic Control-Small Project(Signs,Cones. 1-Flagger) day $500.00
Traffic Control-Medium Project(Arrow Boards and Attenuator trucks-
(Includes labor,equipment and fuel)) day $2.600.00
Traffic Control-Large Project(Arrow Boards,Attenuator trucks. Law
Enforcement Officers w/Vehicle-(Includes labor.equipment and fuel)) day $4,000.00
Laboratory Testing(fee per test)
Moisture Content each $10.00
Atterberg Limits each $75.00
-No.200 Sieve each $45.00
TEX-110-E Determination of Particle Size Analysis of Soils-Part I each $75.00
TEX-110-E Determination of Particle Size Analysis of Soils-Part II-
Hydrometer Analysis each $100.00
Soil pH Test(TEX 128-E) each $50.00
Soil PI Test(TEX 112-E) each $85.00
Sulfate Test each $35.00
ASTM D-1883 California Bearing Ratio each $475.00
Lime Series pH and PI each $550.00
Unconfined Compressive Strength-Soil each $65.00
Permeability-Laboratory each $300.00
Direct Shear,3-points included each $550.00
CU Triaxial, 3-points included each $1,250.00
CU Triaxial, Multi-Stage each $850.00
Moisture Density Relationship each $250.00
Percent Swell each $100.00
Unit Dry Weight(From Tube Samples) each $20.00
Pin Hole Dispersion each $200.00
Crumb Test each $50.00
Determination of Chloride Content each $75.00
Sulfides Test each $50.00
Soil Organic Content Test each $50.00
UU Triaxial Compression each $100.00
One-Dimensional Consolidation Test(ASTM 2435) each $475.00
Laboratory Soil Resistivity each $75.00
Redox Potential Test each $65.00
Rates for other services quoted on request
DocuSign Envelope ID:BCDF9550-1C41-4712-B614-9EFFF82B08D8
ARIAS
GEOPROFESSIONALS
Construction Materials Testing Unit Rates
Labor Rates(per hour) Unit Per/Unit
Principal hour $195.00
Project Manager hour $143.00
Senior Project Engineer. P.E. hour $162.50
Project Engineer, P.E. hour $137.50
Professional Geologist hour $105.00
EIT hour $105.00
Senior Engineering Technician hour $70.00
Administrative Specialist hour $50.00
Field Services
Asphaltic Concrete Technician hour $65.00
Concrete Technician hour $52.50
Certified Welding Inspector hour $110.00
Drilled Pier Observations hour $65.00
Masonry Observation Technician hour $65.00
Reinforcing Steel Observation hour $65.00
Soils Observation Technician hour $52.50
Asphaltic Concrete Field Density Test(*minimum 4 per trip) each $18.00
Soil Field Density Test(Nuclear) (*minimum 4 per trip) each $18.00
Material Sample Pickup hour $52.50
Mileage(trips greater than 70 miles) mile $0.70
Trip Charge trip $50.00
Asphalt or Concrete Coring Equipment each $225.00
Laboratory Testing-Soil
Moisture Content each $10.00
Atterberg Limits Determination each $75.00
Percent Passing No. 200 Sieve each $45.00
Sieve Analysis each $75.00
Mositure Density Relationship each $250.00
Percent Swell Test each $100.00
Laboratory Testing-Masonry
CMU Strength Test set $275.00
Grout Cylinders each $22.00
Grout Prism Test each $28.00
Mortar Cubes each $25.00
Mortar Cylinders each $20.00
Laboratory Testing-Concrete and Aggregate
Absorbtion of Aggregate each $55.00
Aggregate Sieve Analysis each $75.00
Concrete Compression Test each $18.00
Concrete Compression of Field Core each $40.00
Flexural Strength Test each $32.50
Loose Unit Weight each $40.00
Relative Density each $360.00
Specific Gravity each $90.00
Laboratory Testing-Asphalt
Asphaltic Concrete Density of Field Core each $40.00
Asphalt Marshall/Hveem Stability Test each $90.00
Asphalt Extraction/Gradation each $175.00
Maximum Theoretical Density Test each $100.00
Molding/Density of Asphalt Test Specimens each $175.00
Marshall Method Mix Design each $2,250.00
Rates for other services quoted on request
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DocuSign Envelope ID: BCDF9550-1C41-4712-8614-9EFFF82B08D8
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
= PURCHASING DIVISION
w" CITY OF CORPUS CHRISTI
City us DISCLOSURE OF INTEREST
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 "NA". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Arias&Associates,Inc.DBA Arias Geoprofessionals
P.O.BOX:
STREET ADDRESS: 142 Chua Vista,Suite 100 CITY: San Antonio ZIP: 78232
FIRM IS: I. Corporation X 2. 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 City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Job Title and City Department(if known)
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
EXHIBIT "E"
Page 1 of 2
DocuSign Envelope ID BCDF9550-1C41-4712-B614-9EFFF82B08D8
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: Jeremy M Arias Title: Vice President
(Type or Print)
Signature of Certifying Date: 12/01/2020
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.
EXHIBIT "E"
Page 2 of 2