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HomeMy WebLinkAboutC2025-037 - 3/18/2025 - Approved Fs oggus c.�` o� SERVICE AGREEMENT NO. 6471 H CITY OF CORPUS CHRISTI v MASTER SERVICES AGREEMENT FOR GEOTECHNICAL AND N`°"'°" 1852 CONSTRUCTION MATERIALS TESTING 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 Terracon Consultants, Inc., 3606 WOW Rd., Corpus Christi, TX 78413 ("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 RATE SCHEDULE Page 1 Rev Nov 2022 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 Vill 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 $3,000,000. 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. Page 2 Rev Nov 2022 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, included in the indemnification above 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. Page 3 Rev Nov 2022 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. 5.3.1 The term of this Agreement shall be for a period of three years beginning on the Effective Date, unless extended by authority of the City Manager or designee. 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. Page 4 Rev Nov 2022 ARTICLE Vill — 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 whatsoeverform and character produced and/or maintained in accordance with, pursuantto 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 Iicensure, 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 https://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/legal/ch46.htm1. 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/government/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 Page 5 Rev Nov 2022 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 TERRACON CONSULTANTS, INC. JeffILI-e 04/10/2025 1Ceyll Z-91Gfl2Gf .& 04/09/2025 s(Apr 10,202515:33 CDT) Kevin Luidha rdt(Apr 9,202516:25 CDT) Jeff H. Edmonds, P.E. (Date) Kevin Luidhardt, EIT (Date) Director of Engineering Services Corpus Christi Office Manager 3606 WOW Rd. Corpus Christi, TX 78413 (512) 358-9931 Kevin.Luidhardt(ab-terracon.com APPROVED AS TO LEGAL FORM JanetWhitehead(� Ap^ rr10,202515:31 CDT) 04/10/2025 M2O25-026 AUTHORIZED Assistant City Attorney (Date) 3/18/2025 for City Attorney BY COUNCIL ATTEST RH/S B �tey�l�Yl/e &O ,fay 04/11/2025 Stephani Box for(Apr 11,20251 :25 CDT) Rebecca Huerta, City Secretary Page 6 Rev Nov 2022 EXHIBIT A 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 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 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. 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. 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 ("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. 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) a copy of the Certificate(s)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 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) (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 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 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, with the exception of professional liability, which may be on a per claims made 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. 8.6 Lab is 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 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; and (c) 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 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. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Lab and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise, to the other Party for loss of profits,delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 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. 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 Agreementwill 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 forworking 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. S EXHIBIT B c SCOPE OF WORK GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING a s 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 A/E 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 A/E 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 3606 WOW Rd. lFrerracon Corpus Christi, TX 78413 P (361) 420-6000 F (361) 420-6001 Terracon.com March 26, 2025 City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Ms. Clarissa Johnson, CTCD Phone: (361) 826.3843 Email: ClarissaJ@cctexas.com Re: Materials Testing and Geotechnical Unit Rates RFQ 6146 Corpus Christi, Texas Dear Ms. Johnson: Terracon Consultants Inc. appreciates to have been selected for the above referenced Request of Qualifications (RFQ) and hereby submit our unit rate pricing structure per your email dated March 20, 2025. Our attached unit rates include the following: ■ Engineering and Support Staff ■ Geotechnical Field Services ■ Materials Observation and Testing Field Services ■ Geotechnical and Materials Laboratory Testing Services ■ TxDOT Testing Services (If required) We appreciate being selected and are committed to performing all project assignments safely, accurately, reliably, with experienced and trained personnel. Please review the attached and do not hesitate to contact us with any questions. Respectfully, Terracon Consultants Inc. (Firm Registration: TX F3272) /l v-e� / v-v&o 5a4,vc4e , Kevin Luidhardt E.I.T. Turo Sanchez O Office Manager Project Manager Materials Testing and Geotechnical Unit Rates RFQ 6146 ierracon Corpus Christi, Texas 2025 SCHEDULE OF SERVICES AND FEES CORPUS CHRISTI, TEXAS Engineering and Support Staff Personnel: Rate Administrative Assistant, per hour......................................................................................$70.00 Laboratory Supervisor, per hour.......................................................................................$100.00 Staff Engineer, per hour...................................................................................................$130.00 Project Engineer/ Manager, per hour ..............................................................................$150.00 Project Assistant/ Coordinator, per hour............................................................................$70.00 Senior Engineer/ Manager, per hour...............................................................................$190.00 Consultant/ Principal Engineer (P.E.), per hour...............................................................$218.00 Expert Testimony, per hour..............................................................................................$305.00 Geotechnical Field Services Drilling and Sampling Operations Driller Logger/ Staking, per hour......................................................................................$100.00 Soil Borings, (sampling with 3-inch thin-wall tube sampler or 2-inch split barrel sampler): 0 to 50 feet, per linear foot......................................................................................$22.00 51 to 100 feet, per linear foot..................................................................................$27.00 101+ feet, per linear foot.........................................................................................$33.00 Track Rig /All Terrain Drill Rig (add to soil boring rates), per linear foot ..............................$2.00 Casing Installation/Removal (up to 10 feet), per linear foot................................................$15.00 Hourly Drilling Rate: 4-man crew, per hour ...........................................................................................$420.00 3-man crew, per hour ...........................................................................................$340.00 2-man crew, per hour ...........................................................................................$300.00 Rig Standby (Client Delay/ Loading and Unloading on Barge): 4-man crew, per hour ...........................................................................................$420.00 3-man crew, per hour ...........................................................................................$340.00 2-man crew, per hour ...........................................................................................$300.00 Drilling Subcontractor, cost plus.............................................................................................15% Explore with us 2 Materials Testing and Geotechnical Unit Rates -- RFQ 6146 r rerracon Corpus Christi, Texas Mobilization, Travel Expenses and Site Access Mobilization, Truck Mounted Drill Rig: Local minimum charge .........................................................................................$550.00 Out-of-town, per mile................................................................................................$4.50 Mobilization, Track Rig /All Terrain Drill Rig: Local minimum charge .........................................................................................$600.00 Out-of-town, per mile................................................................................................$4.50 Support Truck: Local minimum charge ...........................................................................................$50.00 Out-of-town, per mile................................................................................................$2.50 Vehicle Trip Charge (within city limits), per trip...................................................................$50.00 BentonitePlug, per foot........................................................................................................$6.50 Grouting Borehole, per foot..................................................................................................$7.50 Asphalt Patch or Concrete (up to 6 inches), per hole .........................................................$40.00 Weekend / Holiday Drilling Surcharge, per day................................................................$350.00 Per Diem, per man, per day (Drill Crew)...........................................................................$180.00 Drayage, Permits for Equipment, cost plus ............................................................................15% Rental of Special Equipment for Site Access, etc., cost plus..................................................15% Barge/Tugboat Rental, cost plus............................................................................................15% Special Marine Insurance, cost plus.......................................................................................15% Private Utility Locate, cost plus ..............................................................................................15% Traffic Control, cost plus .......................................................................................................15% Damaged or Lost Samplers, cost plus....................................................................................15% Soil Resistivity Surveys Field Geologist, per hour..................................................................................................$115.00 Staff Geologist, per hour..................................................................................................$140.00 Senior Staff Geologist, per hour.......................................................................................$155.00 Project Geologist, per hour ..............................................................................................$190.00 Resistivity Equipment, per day.........................................................................................$315.00 Materials Observation and Testing Field Services Personnel: Engineering Technician, per hour.......................................................................................$75.00 Senior Engineering Technician, per hour...........................................................................$85.00 Special Inspector, per hour................................................................................................$95.00 CWI Inspector (from San Antonio), per hour ....................................................................$140.00 Ultrasonic Testing Inspector (from San Antonio), per hour...............................................$180.00 Vehicle Trip Charge (within city limits), per trip...................................................................$50.00 Vehicle Trip Charge (from San Antonio), per trip..............................................................$250.00 Explore with us 3 Materials Testing and Geotechnical Unit Rates RFQ 6146 ierracon Corpus Christi, Texas Field Equipment/Testing: In-place Nuclear Gauge Moisture-density testing (soil), per test.........................................$22.00 In-place Nuclear Gauge Moisture-density testing (asphalt), per day...................................$78.00 Dynamic Cone Penetrometer Equipment, per day ...........................................................$110.00 CoringEquipment, per day ..............................................................................................$155.00 Asphalt/ Grout Patch, per each hole..................................................................................$17.00 Floor Flatness Dipstick, per day.......................................................................................$155.00 Magnetic Particle Equipment, per day..............................................................................$155.00 Ultrasonic Testing Equipment/ Consumables, per day....................................................$155.00 Windsor Probe/ Swiss Hammer Equipment, per day.........................................................$90.00 Construction Materials Observation and Testing Personnel Tasks: Engineering Technician to Perform the Following Services/Tests: • Sample pick-ups • Concrete field testing (molding of cylinders, slump, air content, & temperature measurements) • In-place nuclear moisture-density testing Senior Engineering Technician to Perform the Following Services/Tests: • Full time earthwork observation • Field soil stabilization (lime or cement) • Dynamic Cone Penetrometer testing • Reinforcing steel inspection • CMU observation and testing • Concrete or asphalt coring • Foundation/Drilled Piers installation observation Special Inspector to Perform the Following Services/Tests: • Windsor probe or Swiss hammer testing • Floor Flatness/Levelness testing • Wood Framing Observation • Post Tension Observation • Fireproofing • Fire stop inspection Steel and Welding Inspection: (minimum 4-hour charge) • Visual field welding inspection and welder qualification • Certified NDE inspector (Dye Penetrant/magnetic particle) • Ultrasound Testing Explore with us 4 Materials Testing and Geotechnical Unit Rates RFQ 6146 ,d ierracon Corpus Christi, Texas Laboratory Testing Services Soils Laboratory Testing: Unconfined Compression Tests: Soil, each ...............................................................................................................$90.00 Rock, each .............................................................................................................$80.00 VaneShear Test, each ......................................................................................................$30.00 Pocket Penetrometer, each................................................................................................$10.00 Triaxial Tests: Unconsolidated-Undrained, per stage ..................................................................$225.00 Consolidated-Undrained w/Pore Pressure Measurements, per stage...................$450.00 Consolidated-Undrained Cyclic Loading, per sample............................................$425.00 Consolidated-Drained (Sands and Silts), per stage ..............................................$625.00 Direct Shear Tests: Consolidated-Drained, per stage..........................................................................$250.00 Consolidated-Drained, Residual Strength, per stage............................................$425.00 One-Dimensional Swell Tests: Free Swell (no load), each......................................................................................$70.00 Swell (with overburden load), each.........................................................................$85.00 Swell Pressure (multiple loading), per test............................................................$160.00 Consolidation Tests: Maximum of seven load increments with unloading, per test................................$700.00 Additional load increments, each............................................................................$60.00 Liquid and Plastic Limits: Single point test, each ............................................................................................$90.00 Three-point test, each...........................................................................................$100.00 Particle Size Analysis: Sieve Analysis through No. 200 Sieve, each ........................................................$100.00 Percent Finer than No. 200 Sieve (Washed), each.................................................$80.00 Hydrometer(Includes No. 200 Sieve), each .........................................................$275.00 WaterContent, each..........................................................................................................$20.00 Density of Undisturbed Samples: Soil, each ...............................................................................................................$20.00 Rock, each .............................................................................................................$25.00 SpecificGravity, each ........................................................................................................$60.00 OrganicContent, each .......................................................................................................$55.00 Pinhole Dispersion, each .................................................................................................$325.00 CrumbTest, each ..............................................................................................................$60.00 Electrical Resistivity, each................................................................................................$175.00 Redox, each.....................................................................................................................$125.00 Sulfate Content, each.........................................................................................................$70.00 ChlorideContent, each ......................................................................................................$70.00 pHLevel, each...................................................................................................................$50.00 Explore with us 5 Materials Testing and Geotechnical Unit Rates RFQ 6146 w ierracon Corpus Christi, Texas Permeability (ASTM D5084), each...................................................................................$500.00 Moisture-Density Relationship, Standard or Modified: Standard, each.....................................................................................................$250.00 Modified, each......................................................................................................$275.00 Soil-lime mixture design (using pH or PI), each................................................................$600.00 Laboratory California Bearing Ratio (CBR) Tests, (excludes moisture-density relationship), each .....................................................................$500.00 Concrete Laboratory Testing: Concrete Compression Testing of Concrete Cylinders (4x8), each ....................................$20.00 Concrete Compression Testing of Concrete Cylinders (6x12), each ..................................$25.00 Flexural Strength Testing of Beams (Third Point), each ...................................................$125.00 Concrete Compression Testing of Mortar Cubes (2x2), each.............................................$20.00 Concrete Compression Testing of Grout Prisms (3x6), each..............................................$40.00 Curing, Capping, and Compressive Strength of Concrete Cores, each..............................$50.00 Asphalt Laboratory Testing: Asphalt Testing Suite (included Molded Specimens, Specific Gravity, Extraction/Gradation, and Maximum Theoretical Gravity), each................................................................................$500.00 TxDOT Laboratory Testinq Services Soils Testing: Preparing Soil and Flex Base Materials for Testing Tex-101-E, each................................ $60.00 Slaking Time Tex-102-E, each.......................................................................................... $50.00 Moisture content in Soils Tex-103-E, each........................................................................ $18.00 Atterberg Limits (Liquid Limit, Plastic Limit, and Plasticity Index) Tex-104-E, Tex-105-E, Tex-106-E, each........................................................................... $90.00 Bar Linear Shrinkage of Soils Tex-107-E, each................................................................. $90.00 Specific Gravity of Soils Tex-108-E, each ......................................................................... $60.00 Particle Size Analysis of Soils Tex-110-E, each.............................................................. $100.00 Material in Soils Finer than the 75 micrometer (No. 200) Sieve Tex-111-E, each ............................................................................................................... $50.00 Admixing Lime to Reduce Plasticity Index of Soils Tex-112-E, series ............................. $550.00 Laboratory Compaction Characteristics and Moisture-Density Relationship of Base Materials Tex-113-E, each..................................................................................... $325.00 Laboratory Compaction Characteristics and Moisture-Density Relationship of Subgrade, Embankment Soils, and Backfill Material Tex-114-E, each ............................ $275.00 Wet Bill Mill Method for Determining Disintegration of Flexible Base Material Tex-116-E, each ............................................................................................................. $400.00 Triaxle Compression Test for Disturbed Soils and Base Materials Tex-117-E, each .......................................................................................................... $1,800.00 Explore with us 6 Materials Testing and Geotechnical Unit Rates -- RFQ 6146 r rerracon Corpus Christi, Texas Triaxle Compression Test for Undisturbed Soils Tex-118-E, each................................... $110.00 Soil-Cement Testing (Part 1) Tex-120-E, each............................................................. $1,800.00 Soil-Cement testing (Part 2) Tex-120-E, each................................................................. $350.00 Soil-Lime Testing (Part 1) Tex-121-E, each ................................................................. $1,800.00 Soil-Lime Testing (Part 2) Tex-121-E, each .................................................................... $350.00 Determining Soil pH Tex-128-E, each............................................................................... $50.00 Measuring the Resistivity of Soils Materials Tex-129-E, each ......................................... $110.00 Laboratory Classification of Soils for Engineering Purposes Tex-142-E, each ............................................................................................................... $50.00 Standard Test for California Bearing Ratio (CBR) of Laboratory Compacted Soils ASTM D1883, each........................................................... $500.00 Bituminous Testing: Sieve Analysis for Fine and Coarse Aggregate Tex-200-F, each .................................... $100.00 Bulk Specific Gravity and Water Absorption of Aggregate Tex-201-F, each.................... $150.00 Apparent Specific Gravity of Material Finer than NO. 50 Sieve Tex-202-F, each ............... $85.00 Sand Equivalent Tex-203-F, each................................................................................... $125.00 Design of Bituminous Mixtures Tex-204-E, each.......................................................... $1,950.00 Laboratory Method of Mixing Bituminous Mixtures Tex-205-F, set of 3 ........................... $160.00 Compacting Specimens Using Texas Gyratory Compactor (TGC) Tex-206-F, set of 3.......................................................................................................... $110.00 Density of Compacted Bituminous Mixtures (Vacuum Method) Tex-207-F (Part VI), each ................................................................................................$125.00 Test of Stabilimeter Value of Bituminous Mixtures Tex-208-F, set of 3............................ $200.00 Asphalt Content of Bituminous by Extraction Tex-210-F, each........................................ $150.00 Moisture content of Bituminous Mixtures Tex-212-F (Part II), each ................................... $50.00 Deleterious Material and Decantation Test for Coarse Aggregate Tex-217-F, each................................................................................................................ $95.00 Flakiness Index Tex-224-F, each...................................................................................... $90.00 Indirect Tensile Strength Test Tex-226-F, set of 3........................................................... $180.00 Theoretical Maximum Specific Gravity of Bituminous Mixtures (Core) Tex-227-F, each.............................................................................................................. $160.00 Theoretical Maximum Specific Gravity of Bituminous Mixtures Tex-227-F, each................................................................................................................ $80.00 Asphalt Content from Asphalt Paving Mixtures by Ignition Method Tex-236-F, each.............................................................................................................. $160.00 Superpave Gyratory Compacting of Bituminous Mixtures Tex-241-F, set of 2.......................................................................................................... $100.00 Hamburg Wheel-Tracking Test Tex-242-F, each............................................................. $500.00 Tack Coat Adhesion Tex-243-F, each............................................................................. $150.00 Flat and Elongated Particles Tex-280-C, each................................................................ $150.00 Effect of Water on Bituminous Paving Mixtures Tex-530-C, each ................................... $100.00 Explore with us 7 Materials Testing and Geotechnical Unit Rates -- RFQ 6146 r rerracon Corpus Christi, Texas Concrete &Aggregate Testing: Compressive Strength of Cement Mortars ASTM C109, set of 3..................................... $120.00 Sieve Analysis of Fine and Coarse Aggregate Tex-401-A, each ....................................... $80.00 Fineness Modulus of Fine Aggregate Tex-402-A, each..................................................... $75.00 Saturated Surface Dry Specific Gravity and Absorption of Aggregates Tex-403-A, each ............................................................................................................. $150.00 Unit Mass (Weight) of Aggregates Tex-404-A, each ......................................................... $65.00 Percent Voids and Solids in Concrete Tex-405-A, each.................................................... $65.00 Decantation for Concrete Aggregates Tex-406-A, each .................................................... $80.00 Organic Impurities in Fine Aggregate for Concrete Tex-408-A, each................................. $60.00 Soundness of Aggregates Using Sodium Sulfate of Magnesium Sulfate Tex-411-A, each ............................................................................................................. $500.00 Deleterious Material in Mineral Aggregate Tex-413-A, each.............................................. $80.00 Compressive Strength of Cylindrical Concrete Specimens Tex-418-A, each ............................................................................................................... $25.00 Splitting Tensile Strength of Cylindrical Concrete Specimens Tex-421-A, each ............................................................................................................... $45.00 Measuring Temperature of Freshly Mixed Portland Cement Concrete Tex-422-A, hour................................................................................................................ $65.00 Obtaining and Testing Drilled Cores of Concrete Tex-424-A, each ................................. $185.00 Compressive Strength of Grouts Tex-442-A, each............................................................ $25.00 Flexural Performance of Fiber-Reinforced Concrete (Third-Point) ASTM C1609, each......................................................................................................... $125.00 Flexural Strength of Concrete Using Simple Beam Third-Point Loading, Tex-448-A, each ............................................................................................................... $40.00 Capping Cylindrical Concrete Specimens Tex-450-A (Part I, II, III), each........................................................................................... $20.00 Crushed Face Particle Count Tex-460-A, each............................................................... $100.00 Degradation of Course Aggregate by Micro-bevel Abrasion Tex-461, each.................... $500.00 Chemical Testing: Sampling and Testing Lime Tex-600-J, each .................................................................. $450.00 Acid Insoluble Residue for Fine Aggregate Tex-612-J, each........................................... $190.00 Remarks: • The actual cost of our services will be determined by the construction schedule and the quantity of services provided. • Overtime is defined as hours worked more than 8 per day, all ours worked outside of daylight hours of 6:00 AM to 6:00 PM Monday through Friday and all time worked on Saturdays. Overtime rates will be 1.5 times the hourly rate quoted. • Overtime rates of 2 times the quoted hourly rate will be applicable for all time worked on Holidays and Sundays. Explore with us 8 Materials Testing and Geotechnical Unit Rates RFQ 6146 ierracon Corpus Christi, Texas • A 3-hour minimum charge will be applied to all trips made to provide testing, observation, and consulting services. A 2-hour minimum charge will be applied for trips for sample or cylinder pick-ups. • All labor, equipment and transportation charges are billed on a portal-to-portal basis from our office. Due to the length of the awarded contract of 3 years, labor (personnel) rates in the schedule of services and fees will be increased during the contract period on July 1 of each year in 2026 and 2027. These rate adjustments will be approximately 3%. All other fee schedule items will remain the same. Rates Effective June 1, 2026: Rate Administrative Assistant, per hour......................................................................................$78.00 Laboratory Supervisor, per hour.......................................................................................$105.00 Staff Engineer, per hour...................................................................................................$135.00 Project Engineer/ Manager, per hour ..............................................................................$155.00 Project Assistant/ Coordinator, per hour............................................................................$78.00 Senior Engineer/ Manager, per hour...............................................................................$195.00 Consultant/ Principal Engineer (P.E.), per hour...............................................................$225.00 Expert Testimony, per hour..............................................................................................$315.00 Engineering Technician, per hour.......................................................................................$78.00 Senior Engineering Technician, per hour...........................................................................$88.00 Special Inspector, per hour................................................................................................$98.00 CWI Inspector (from San Antonio), per hour ....................................................................$145.00 Ultrasonic Testing Inspector (from San Antonio), per hour...............................................$185.00 Driller Logger/ Staking, per hour......................................................................................$105.00 Rates Effective June 1, 2027: Rate Administrative Assistant, per hour......................................................................................$80.00 Laboratory Supervisor, per hour.......................................................................................$108.00 Staff Engineer, per hour...................................................................................................$140.00 Project Engineer/ Manager, per hour..............................................................................$160.00 Project Assistant/ Coordinator, per hour............................................................................$80.00 Senior Engineer/ Manager, per hour...............................................................................$200.00 Consultant/ Principal Engineer (P.E.), per hour...............................................................$232.00 Expert Testimony, per hour..............................................................................................$325.00 Engineering Technician, per hour.......................................................................................$80.00 Senior Engineering Technician, per hour...........................................................................$90.00 Special Inspector, per hour..............................................................................................$100.00 CWI Inspector (from San Antonio), per hour ....................................................................$150.00 Ultrasonic Testing Inspector (from San Antonio), per hour...............................................$190.00 Driller Logger/ Staking, per hour......................................................................................$108.00 Explore with us 9 \ \ [ / / / ƒ ƒ ƒ ƒ / 2 I © o 0 0 0 0 0 0 • o // o 0 0 0 $ � a0 UO \ (L � U & o o \ § Q � / W W 0 � � f @ R R Cl 69 R ? Ilk k o 0 0 0 § \ 0 > � � E 2 e r 2 3 2 � ¢ •S § @ � � � � � � O 2 2 £ k W Ct Q3 � > w q / o Q 2 R R C ta ? ? \ z p ■ , o 0 0 0LU = k k Co k _ 2 % \ � Co CO k 2 - 2 2 D Q o 2 2 a O 2 ■ 2 m o 0 0 0 WUJ \ t � :0 > 0 � � � � f ® � > e U « IL a £ k \ LL $ m 061), Cl Vy 6 � W m U U 2 k J I I CO m k k k k Q. co uj \ 2 t � & be p 7 . % •/ I $ o 0 0 o Q m I L % S $ E L o ■w CD§ U- m ■ m co 70 © § o m ■ «cn / © m c o v ƒ k 2@ 0 E 2 ca cl w k z U) � co < ouSC CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST RFQ No. 6146 v RFQ for Professional Engineering Services for FY2025 OONPOPPSE� 1852 Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: Terracon Consultants, Inc. P. O. BOX: STREET ADDRESS: 3606 WOW Rd CITY: Corpus Christi STATE: Texas ZIP: 78413- FIRM IS: 1. Corporation ® 2.Partnership H 3.Sole Owner El4. 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 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 se segment thereof, you shall disclose that fact in a signed writing to the City G � official, employee or body that has been requested to act in the matter, ow ��, unless the interest of the City official or employee in the matter is apparent. >4 The disclosure shall also be made in a signed writing filed with the City v Secretary. [Ethics Ordinance Section 2-349 (d)] 00"PoppsEo CERTIFICATION 1852 1 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: Kevin Luidhart, EIT Title: Office Manager Signature of Certifying Person: Date: 1 0/30/2024 DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part-time employees and employees of any corporation created by the city. 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. GS DATE(MM/DD/YYYY) ACORN® CERTIFICATE OF LIABILITY INSURANCE 4/l/2026 3/25/2025 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). CONTACT PRODUCER Lockton Companies,LLC NAME: 444 W.47th St.,Ste.900 PHONE 'C Kansas City MO 64112-1906 Male Est A/c,No (816)960-9000 ADDRESS: kcasUClockton.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Company of America 25674 INSURED TERRACON CONSULTANTS,INC. INSURER B:Allred World Assurance Company(U.S.)Inc. 19489 1312891 10841 S.RIDGEVIEW ROAD INSURER C:The Travelers Indemnity Company 25658 OLATHE KS 66061 INSURER D: The Travelers Indemnity Company of America 25666 INSURER E:Lloyds of London INSURER F COVERAGES CERTIFICATE NUMBER: 21551531 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y TC27-GLSA-9P529930 4/l/2025 4/1/2026 EACH OCCURRENCE $ 2,000,000 1A AGE CLAIMS-MADE � OCCUR PREM SESOEa ooTE cur ante $ 1 000 000 X —CONTRACTUAL LIAB MED EXP(Any one person) $ 25,000 X XCU COVERAGE PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PE LOC PRODUCTS-COMP/OP AGG $ 4 000 000 OTHER: $ A AUTOMOBILE LIABILITY Y Y TC27-CAP-13173858 4/1/2025 4/1/2026 Ea BINEDlSINGLE LIMIT $ 3,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXrXXrXr�� AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX A X UMBRELLA LIAB X OCCUR Y Y CUP-4W208814 4/1/2025 4/1/2026 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ $0 $ XXXXXXX WORKERS COMPENSATION PER OTH- D AND EMPLOYERS'LIABILITY Y UB-ITS8663A(AOS) 4/1/2025 4/1/2026 X STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A UB-1T88S681(AZ,MA,WI) 4/I/2025 4/I/2026 E.L.EACH ACCIDENT $ 1000 000 OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B CONTRACTORS Y Y 0312-6506 4/1/2025 4/1/2027 $10,000,000 EACH POLLUTION LIAB OCCURANCE/AGGREGATE E PROFESSIONAL LDUSA2505180 4/1/2025 4/1/2026 $1,000,000 EACH CLAIM/$1,000,000 LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: MSA# 6471 -MSA NAME:MASTER SERVICES AGREEMENT FOR GEO-TECHNICAL ENGINEERING&CONSTRUCTION MATERIALS TESTING.CITY OF CORPUS CHRISTI AND ITS OFFICERS,OFFICIALS,EMPLOYEES,AND ELECTED REPRESENTATIVES ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY,AUTO LIABILITY, UMBRELLA/EXCESS LIABILITY,AND CONTRACTOR'S POLLUTION LIABILITY THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY,AUTO LIABILITY,UMBRELLA/EXCESS LIABILITY,WORKERS COMPENSATION/EMPLOYER'S LIABILITY,AND CONTRACTOR'S POLLUTION LIABILITY,WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21551531 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CORPUS CHRISTI ACCORDANCE WITH THE POLICY PROVISIONS. 1201 LEOPARD ST CORPUS CHRISTI,TX 78401 AUTHORIZED REPRESENTATIVF. M ©1988" 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M482524 Certificate ID: 21551531 COMMERCIAL GENERAL LIABILITY TC2J-G LSA-9P529930 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II—WHO IS AN INSURED: a.The Additional Insured—Owners,Lessees or Contractors Any person or organization that: —Scheduled Person or Organization endorsement CG 20 a.You agree in a written contract or agreement to include as an 10 07 04 or CG 20 10 04 13,the Additional Insured— Owners, Lessees or Contractors—Completed Operations additional insured on this Coverage Part;and endorsement CG 20 37 07 04 or CG 20 37 04 13,or both of b. Has not been added as an additional insured for the same such endorsements with either of those edition dates;or project by attachment of an endorsement under this b. Either or both of the following:the Additional Insured— Coverage Part which includes such person or organization Owners, Lessees or Contractors-Scheduled Person Or in the endorsement's schedule; Organization endorsement CG 20 10,or the Additional is an insured, but: Insured—Owners,Lessees or Contractors—Completed a.Only with respect to liability for"bodily injury"or"property Operations endorsement CG 20 37,without an edition date damage"that occurs,or for"personal injury"caused by an of such endorsement specified; offense that is committed,subsequent to the signing of that the person or organization is an additional insured only if contract or agreement and while that part of the contract or the injury or damage is caused,in whole or in part, by acts agreement is in effect;and or omissions of you or your subcontractor in the b.Only as described in Paragraph(1),(2)or(3)below, performance of"your work"to which the written contract or whichever applies: agreement applies;or (3)If neither Paragraph(1)nor(2)above applies: (1)If the written contract or agreement specifically requires a.The person or organization is an additional insured only if, you to provide additional insured coverage to that person or and to the extent that,the injury or damage is caused by organization by the use of: acts or omissions of you or your subcontractor in the a.The Additional Insured—Owners,Lessees or Contractors performance of"your work"to which the written contract or —(Form B)endorsement CG 20 10 11 85;or agreement applies;and b. Either or both of the following:the Additional Insured— b.Such person or organization does not qualify as an additional Owners, Lessees or Contractors-Scheduled Person Or insured with respect to the independent acts or omissions of Organization endorsement CG 20 10 10 01,or the such person or organization. Additional Insured—Owners,Lessees or Contractors— The insurance provided to such additional insured is subject Completed Operations endorsement CG 20 37 10 01; to the following provisions: the person or organization is an additional insured only if a.If the Limits of Insurance of this Coverage Part shown in the injury or damage arises out of"your work"to which the the Declarations exceed the minimum limits required by the written contract or agreement applies; written contract or agreement,the insurance provided to the (2)If the written contract or agreement specifically requires additional insured will be limited to such minimum required you to provide additional insured coverage to that person or limits.For the purposes of determining whether organization by the use of: CG D6 04 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Miscellaneous Attachment: M482524 Certificate ID: 21551531 COMMERCIAL GENERAL LIABILITY this limitation applies,the minimum limits required by result in a claim.To the extent possible, such notice the written contract or agreement will be considered should include: to include the minimum limits of any Umbrella or (a) How,when and where the"occurrence"or Excess liability coverage required for the additional offense took place; insured by that written contract or agreement. This (b) The names and addresses of any injured provision will not increase the limits of insurance described in Section III—Limits Of Insurance. persons and witnesses; and b. The insurance provided to such additional insured (c) The nature and location of any injury or does not apply to: damage arising out of the"occurrence"or offense. (1)Any"bodily injury", "property damage"or "personal injury"arising out of the providing, or (2) If a claim is made or"suit" is brought against the failure to provide, any professional architectural, additional insured: engineering or surveying services, including: (a) Immediately record the specifics of the a. Thepreparing, approving, or failing to prepare or claim or"suit"and the date received; and 9 P P approve, maps, shop drawings, opinions, reports, (b) Notify us as soon as practicable and see to surveys,field orders or change orders,or the it that we receive written notice of the claim or preparing, approving, or failing to prepare or ap- "suit"as soon as practicable. prove, drawings and specifications; and (3) Immediately send us copies of all legal papers b. Supervisory, inspection, architectural or engineering received in connection with the claim or"suit", activities. cooperate with us in the investigation or settlement of 2 An "bodily injury"or"property dams e"caused the claim or defense against the"suit", and otherwise ( ) Y" Y� 1 rY" g by"your work"and included in the comply with all policy conditions. "products-completed operations hazard"unless the (4)Tender the defense and indemnity of any claim or written contract or agreement specifically requires "suit"to any provider of other insurance which would you to provide such coverage for that additional cover such additional insured for a loss we cover. insured during the policy period. However,this condition does not affect whether the c. The additional insured must comply with the fol- insurance provided to such additional insured is lowing duties: primary to other insurance available to such (1)Give us written notice as soon as practicable of an additional insured which covers that person or "occurrence"or an offense which may organization as a named insured as described in Par- agraph 4., Other Insurance, of Section IV —Commercial General Liability Conditions. Page 2 of 2 ©2017 The Travelers Indemnity Company.All rights reserved. CG D6 04 02 19 Miscellaneous Attachment: M482524 Certificate ID: 21551531 COMMERCIAL GENERAL LIABILITY TC2J-G LSA-9 P529930 4. Other Insurance d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; Subsequent to the signing of that contract or agreement by you. CG T1 00 02 19 Miscellaneous Attachment: M467648 Certificate ID: 21551531 POLICY NUMBER: TC2J-CAP-1 31 J3858 COMMERCIAL AUTO ISSUE DATE: 04/01/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT. PROVISIONS 1. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II-COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or"property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another"insured". 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions , of SECTION IV- BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule of Additional Insured Persons Or Organizations is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T6 00 02 16 Miscellaneous Attachment: M523017 Certificate ID: 21551531 Umbrella Liability Policy Number: CUP-4W208814 AMENDMENT OF COVERAGE -WHO IS AN INSURED This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE The following replaces Paragraph A.2. of SECTION II -WHO IS AN INSURED: 2. Any other person or organization qualifying as an insured in the "underlying insurance". EU 01 25 07 16 Miscellaneous Attachment: M468935 Certificate ID: 21551531 Endorsement No: 20 forms a part of Policy No: 0312-6506 Issued to: Terracon Consultants, Inc. by: Allied World Assurance Company (U.S.) Inc. WHO IS AN INSURED AMENDMENT It is hereby agreed that paragraph 4. of SECTION II 1 WHO IS AN INSURED is deleted in its entirety and replaced with the following: 4. Any person or organization that you agree in a written contract or written agreement to include as an additional insured on this policy, but only with respect to bodily injury, property damage, environmental damage or emergency response expense arising out of your work. All other terms and conditions of this policy remain unchanged. By: Joseph Cellura Title: President, North American Casualty Division Date: May 5, 2023 TC Manu 1 Miscellaneous Attachment: M79272 Certificate ID: 21551531 COMMERCIAL GENERAL LIABILITY POLICY NUMBER:TC2J-GLSA-9P529930 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization for whom you have agreed in a written contract or agreement to waive your right of recovery, but only for payment we make because of: 1. "Bodily Injury"or"property damage"that occurs: or 2. "personal injury"or advertising injury"caused by an offense committed; after you have executed that contract or agreement Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Part. Such waiver by us applies only to the extent that the Rights Of Recovery Against Others To Us of Section insured has waived its right of recovery against such IV-Conditions: person(s) or organization(s) prior to loss. This We waive any right of recovery against the person(s) or endorsement applies only to the person(s) or organization(s) shown in the Schedule above because of organization(s)shown in the Schedule above. payments we make under this Coverage CG24041219 Page 1 of 1 Miscellaneous Attachment: M451783 Certificate ID: 21551531 COMMERCIAL AUTO POLICY #TC2J-CAP-131 J3858 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph A.S. Transfer of Rights of Recovery Against Others to Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others to Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 02 15 Miscellaneous Attachment: M523018 Certificate ID: 21551531 UMBRELLA LIABILITY POLICY NUMBER:CUP-4W208814 SECTION V-CONDITIONS T.WAIVER OR TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 1. If the insured has rights to recover all or part of any payment we have made under this insurance,those rights are transferred to us and the insured must do nothing after loss to impair them. At our request,the insured will bring suit or transfer those rights to us and help us, and with respect to Coverage A, the "underlying insurer", enfore them. If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization,we waive our right of recovery against that person or organization,but only for payments we make because of an "event" that takes place or is commutted subsequent to the execution of that contract or agreement by such insured. EU 00 0107 16 Miscellaneous Attachment: M451784 Certificate ID: 21551531 TRAVELERS ONE TOWER SQUARE WORKERS COMPENSATION HARTFORD CT 06183 AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) - 016 POLICY NUMBER: UB-1T88663A-24-51-x WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. ST ASSIGN: PAGE 1 OF1 Miscellaneous Attachment: M468937 Certificate ID: 21551531 Contractor's Pollution Liability Policy No. 0312-6506 Waiver of Subrogation 17.Transfer of Rights of Recovery Against Others to Us If you have rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. You must do nothing after loss to impair them. At our request, you will bring suit or transfer those rights to us and help us enforce them. However, we waive our right(s) of recovery against any person or organization if and to the extent you have agreed to waive your right(s) of recovery against such person or organization in a written contract signed by you prior to the first commencement of a pollution incident out of which the claim or request for emergency response expense arises under Section I —Coverages, 1. Insuring Agreement. Any recovery as a result of subrogation proceedings arising out of the payment of loss covered under this policy shall accrue first to us to the extent of our payment under the policy, and then to you to the extent of your deductible. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party's share in the recovery bears to the total recovery. ENV-CPL 00003 00 (02/12) Miscellaneous Attachment: M463695 Certificate ID: 21551531 POLICY NUMBER: TC2J-GLSA-9P529930-TIL-24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY+WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE EXCESS (FOLLOWING FORM)LIABILITY INSURANCE FARM COVERAGE PART GARAGE COVERAGE FORM LAW ENFORCEMENT LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE FORM MEDFIRST PRODUCTS/COMPLETED OPERATIONS, ERRORS AND OMISSIONS, AND INFORMATION SECURITY LIABILITY COVERAGE FORM MEDICAL AND BIOTECHNOLOGY PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART SCHEDULE CANCELLATION: Number of Days Notice: WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: PERSON OR ORGANIZATION: Any person or organization to whom you have agreed in a written contract that notice of cancellation or nonrenewal of this policy will be given, but only if: 1.You see to it that we receive a written request to provide such notice, including the name and address of such IL T4 33 05 19 ©2019 The Travelers Indemnity Company.All rights reserved. Page 1 Of 2 Miscellaneous Attachment: M463695 Certificate ID: 21551531 person or organization, after the first Named Insured receives notice from us of the cancellation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in the endorsement. ADDRESS: The address for that person or organization included in such written request from you to us. PROVISIONS B. If we do not renew this policy for any legally A. If we cancel this policy for any legally permitted permitted reason other than nonpayment of reason other than nonpayment of premium, and a premium, and a number of days is shown for When number of days is shown for Cancellation in the We Do Not Renew (Nonrenewal) in the Schedule Schedule above, we will mail notice of cancellation to above, we will mail notice of nonrenewal to the the person or organization shown in such Schedule. person or organization shown in such Schedule. We We will mail such notice to the address shown in the will mail such notice to the address shown in the Schedule above at least the number of days shown Schedule above at least the number of days shown for Cancellation in such Schedule before the for When We Do Not Renew (Nonrenewal) in such effective date of cancellation. Schedule before the effective date of nonrenewal. IL T4 33 05 19 ©2019 The Travelers Indemnity Company.All rights reserved. Page 2 Of 2 Miscellaneous Attachment: M463694 Certificate ID: 21551531 POLICY: AUTO LIABILITY POLICY NUMBER: TC2J-CAP-131J3858 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NAME: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. IL T8 07 04 24 Miscellaneous Attachment: M463713 Certificate ID: 21551531 POLICY NUMBER: CUP-4W208814 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY+WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE EXCESS(FOLLOWING FORM)LIABILITY INSURANCE FARM COVERAGE PART GARAGE COVERAGE FORM LAW ENFORCEMENT LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE FORM MEDFIRST PRODUCTS/COMPLETED OPERATIONS, ERRORS AND OMISSIONS,AND INFORMATION SECURITY LIABILITY COVERAGE FORM MEDICAL AND BIOTECHNOLOGY PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1.YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION,AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY;AND 2.WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. IL T4 33 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Miscellaneous Attachment: M463713 Certificate ID: 21551531 ADDRESS: PROVISIONS B. If we do not renew this policy for any legally A. If we cancel this policy for any legally permitted permitted reason other than nonpayment of reason other than nonpayment of premium, and a premium, and a number of days is shown for When number of days is shown for Cancellation in the We Do Not Renew (Nonrenewal) in the Schedule Schedule above, we will mail notice of cancellation above, we will mail notice of nonrenewal to the to the person or organization shown in such person or organization shown in such Schedule. We Schedule. We will mail such notice to the address will mail such notice to the address shown in the shown in the Schedule above at least the number of Schedule above at least the number of days shown days shown for Cancellation in such Schedule before for When We Do Not Renew (Nonrenewal) in such the effective date of cancellation. Schedule before the effective date of nonrenewal. IL T4 33 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 2 of 2 Miscellaneous Attachment: M463692 Certificate ID: 21551531 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 POLICY NUMBER: UB-1T885681 (AZ,MA,WI),UB-ITS8663A(AOS) NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX-CONDITIONS: Notice of Cancellation to Designated Persons or Organizations If we cancel this policy for any reason other than non-payment of premium by you,we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address in at least the number of days shown for that person or organization before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete,we have no responsibility to mail,deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEE TO 1T THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE,INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION,AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY;AND 2.WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US Number of Days'Notice 30 All other terms and conditions of this policy remain unchanged. Miscellaneous Attachment: M450465 Certificate ID: 21551531 POLICY: PROFESSIONAL LIABILITY Attaching to and forming part of Policy Number: LDUSA2405180 LIMITED AUTHORITY TO ISSUE CERTIFICATES OF INSURANCE ENDORSEMENT In consideration of the premium charged, it is hereby understood and agreed as follows: (1) Underwriters authorize Lockton Companies LLC the ("Certificate Issuer") to issue Certificates of Insurance at the request or direction of the Assured. It is expressly understood and agreed that, subject to Paragraph (2) below, any Certificate of Insurance so issued shall not confer any rights upon the Certificate Holder, create any obligation on the part of the Underwriters, or purport to, or be construed to, alter, extend, modify, amend, or otherwise change the terms or conditions of this Policy in any manner whatsoever. In the case of any conflict between the description of the terms and conditions of this Policy contained in any Certificate of Insurance on the one hand, and the terms and conditions of this Policy as set forth herein on the other, the terms and conditions of this Policy as set forth herein shall control. (2) Notwithstanding Paragraph (1) above, such Certificates of Insurance as are authorized under this endorsement may provide that in the event the Underwriters cancel or non-renew this Policy or in the event of a Material Change to this Policy, Underwriters shall mail written notice of such cancellation, non-renewal, or Material Change to such Certificate Holder within a specified period of time; provided, however, that the Insurers shall have not be required to provide such notice more than 60 days prior to the effective date of cancellation, non-renewal, or a Material Change. The Assured shall provide written notice to the Underwriters of all Certificate Holders and the number of days' written notice of cancellation, non-renewal, or Material Change, if any, specified in each Certificate of Insurance(i)at inception of this Policy, (ii)90 days prior to expiration of this Policy, and (iii)within 10 days of receipt of a written request from Insurers. Insurers'obligation to mail notice of cancellation, non-renewal, or a Material Change as provided in this paragraph shall apply solely to those Certificate Holders with respect to whom the Assured has provided the foregoing written notice to the Insurers. (0) It is further understood and agreed that Underwriters' authorization of the Certificate Issuer under this endorsement is limited solely to the issuance of Certificates of Insurance and does not authorize, empower, or appoint the Certificate Issuer to act as an agent for the Underwriters or bind the Underwriters for any other purpose. The Certificate Issuer shall be solely responsible for any errors or omissions in connection with the issuance of any Certificate of Insurance pursuant to this endorsement. (1) As used in this endorsement: (i) Certificate of Insurance means a document issued for informational purposes only as evidence of the existence and terms of this Policy in order to satisfy a contractual obligation of the Assured. (ii) Material Change means an endorsement to or amendment of this Policy after issuance of this Policy by the Underwriters that restricts the coverage afforded to the Assured. All other terms and conditions of the Policy remain unchanged. ALL OTHER TERMS AND CONDITIONS REMAIN UNALTERED Miscellaneous Attachment: M481739 Certificate ID: 21551531 POLLUTION LIABILITY POLICY#: 0312-6506 CANCELLATION CONDITION AMENDMENT-additional notice other than named insured limited to e-mail notification It is hereby agreed that Section V—Conditions, 3. Cancellation is amended to include the following: In the event that we cancel this policy for any reason other than nonpayment of premium, and 1. The cancellation effective date is prior to this Policy's expiration date; 2. The first Named Insured is under an existing contractual obligation to notify a certificate holder when this Policy is canceled (hereinafter,the"Certificate Holder(s)"); and has provided to us, either directly or though its broker of record, the email address of the contact at such entity; and 1. We receive this information after the first Named Insured receives notice of cancellation of this Policy and prior to this Policy's cancellation effective date,via an electronic spreadsheet that is acceptable to us; We will endeavor to provide a notice of cancellation via e-mail to such Certificate Holder(s). This Endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of this Policy or the effective date thereof, nor shall this Endorsement invest any rights in any entity not insured under this Policy. Any failure on our part to deliver the notice of cancellation will not impose liability of any kind upon us or invalidate the cancellation. Any Certificate Holder(s)is not an insured or a loss payee under this Policy. No coverage will be available under this Policy for any claim brought by or against any Certificate Holder(s). All other terms and conditions of this policy remain unchanged. By: Title: Date: ENV-CPL Page 1 of 1 Signature: -5'44'n' Signature: ODU,90 .f Elisa Silva(Apr 9,2025 16:43 CDT) Gilbert Wanchez(Apr 0025 16:53 CDT) Email: elisas@cctexas.com Email: gilberts2@cctexas.com Signature: 5a4.zleIi 614� Sarah Brunkenhoefer(Apr 11,20250 M 9CDT) Email: citysecretary@cctexas.com