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Home My WebLink AboutC2006-403 - 9/12/2006 - Approved AGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services This AGREEMENT IS between the City of Corpus Christi, Texas, a Texas home-rule municipal c oration ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and R K ENGINEERING & TE TING LABORATORY INC., a Texas corporation or partnership ("LAB"), actfng through its duly authorized representative who is Christopher A. Rock, P.E.. Branch Manaaer, which agree as follows DECLARATIONS: "CITY" deSires to engage "LAB" to provide services in connection with City's project, described as follows: Mansheim Area Drainaae Improvements Phase 2A-6A (Proiect No. 2228) ("PROJECT') L SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanYing Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C" 3 FEE: The "CITv" agrees to pay the "LAB" for services provided in accordance with Exhibit "Alt, Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $30.000.00 (in figures). Thirty Thousand Dollars and Zero Cents (in words). 4 INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants. and employees as more fully set forth in Exhibit "B" 5 CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: "CITY" warrants to "LAB" that to the best of its knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. "CITY" acknowledges and confirms that "LAB" is relying upon the above warranty in undertaking to perform the services described in this AGREEMENT CITY OF CORPUS CHRISTI ~ ~~. Roaald F Massey Assistant City Manager R~.9_K ENGINEE~ING & TESTING LAB01ATORY ~~~C\ ~l ql~ ok, ~ . Christopher A. Rock, P.E. (Date) C\ Branch Manager 4910 Neptune Street Corpus Christi, TX 78405 (361) 883-4555 - Office; (361) 883-4711 - Fax APPROVED AS TO FORM ~ cA /? 9/') i W' < :/v.~ r Project No. 2228 I Fund Source No. 550920-3492-00000-160581 Encumbrance No. (Date) ATTE!lT "1111><~ 2006-403 09l12/0h 1\12006-304 Rock Engineering & T(~sting Lab. restlng\TeSilng Aqreernent.doc 0~~L AUTHOKtLL. IY (>>U,.c,l__....9.Jl~ -. .... {!:- !w~'IY-(~ '.....-.-... --.-... ~------- · GEOTECHNICAL ENGINEERING · CONSTRUCTION MATERIALS ENGINEERING & TESTING · SOILS. ASPHALT. CONCRETE Septemher ~.2()O() Department of Engincerin~' Services M~or Projects Dl\lSlOn City of Corpus Chnsti P.O. Bo\ 9277 Corpus Chnsti. TX 78469-'>277 t\ttn: Angel R. Escohar. P L. Director of Enginneenng Sen ices SUBJECT: ESTIMATED TESTING SERVICES BUDGET MANSHEIM AREA DRAINAGE IMPROVEMENTS PHASE 2A - 6A CitJ' Project No. 2228 Corpus Christi, Texas RETL Proposal Number: P051905A Revision No.1 Dear Mr F'scohar. Rock Engll1eering Jnd Testing Laboratory, Inc. (RETL) is pleased to provide a Construction Materials Testing Budge! for the ahove-mentioned project. The Estimated Construction \1aterials Testing Budget for this project is $30,000.00. Our budget for this project was developed based all a review of the speci fications. the drawings, and the proposal fomI. A breakdown of the field ,md laboratory testing is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. fhe total fee assessed \\11] also he dependent on the construction schedules, retests, weather delays, de RETL IS looking forward 10 assisting the City of Corpus Christi during the construction phase of this projcct If you have any questions or comments, please contact us at (361) 883-4555. Sincere!\. ACCEPTED AND APPROVED ) ---- Christopher. . ROCK. P E. Branch \!lanagcr By __'U~~_n Date ROCK ENGINEERING & TESTING LABORATORV, INC. 4910 NEPTUNE STREET · CORPUS CHRISTI, TEXAS. 78405 Orc"leE: (361) 883-4555 · FAX: (361) 883-4711 · www.rocketlinc.com EXHIBIT "A" Page 1 of 7 ___...'........... ,..~..,_.._ )0.......,.... """!p'" Date: 09/05/06 Project: MANSHEII\I ARL\ DR.~ INAGE J'VIPRO\'EMENTS Proposal No: P051905.\ Client: City of Corpus Christl STREET WORK: ITEMA2 & \3 i J' c\;;: 6", ~al\;I.C>:C mJ rl'U~C 1.11 ut1\1t\ >acKliU (hJ~:' -;', ! -;ample Chaq!\ --;tandard Procl ,r ITEM A4 10'0 CemeJ,! 1Jl'Clted 111 i1IClU' H;l~l' Sample Char!!l \Iilchtied Prol' II I }en~lties (1 )'\" :'!I LI \11 --;trcel) =.:'1 ]" ~lrcc IT E M A5 (." :1"0 Cement lrL'al\.:d 11l)'lac\ Ha~L' Sample Chargl \lllditied Proli II )l'n~lties(1 PI'! '''I II u! Slre'ell <)1, I, II. :--'lr\.:,1 ITEMA6 subgrade ('Ompactllm I 21!!iI :--,Y :-;ample Chargl :-;tandard ProCil Jr I )en~ities (1]'1:r ...(1 I! l() Sr) (I ".'!( q SI ITEM A7 nanticipated il1ilL'stulle j;il'\Jhil' Hal: (21 rl)')~1 Sample Char~'l Vludified Prol WI \l1erherg ]j1l111~ 1l1c1 (Iradali();, \\ el 13a11 Mill ! )cll~ities ITEMA9 _'" HMAI' (:21,')1 li.m~! I'ul! Series (i pel :"1() !OJl~) I knsltiy/Thll knL'~~ (1 pel ,( I \1 l1r <treet) ~-,.,...-...- Test Quant Test Unit Unit Fee Fee 1..\ 1.:\ :1;45(1[1 S 15:! ,I) $45.00 S 153.0() \'.,\ $45 (il) $45.00 IA S20(1( )() $200.00 'J 1\ S33 !lil $29700 I :\ S45 (I!) S9000 I '\. :520(111(1 $400.00 _'I i \, \ ~33 (III $99000 fA. S45.i Ii) $45.00 1:1\ $153!)i) $153.00 ) !.\ $33 IIII $165.00 1;,\ S45!1() $45.00 1.;\ $20i).1)() $200.00 L\ $125i)1J $125.00 1.\ $255i)() $255.00 Yi 1 \ $33 (}(i $l,28700 31i 1;\ \:\ $4881)i) SI,464.00 '576 i)(l S2,28000 lcf6 EXHIBIT "A" Page 2 of 7 Date: 09/05/06 Project: MA"ISHEIlVl AREA DRAINAGE IMPRO\'EMENTS Proposal No: P051905\ Client: City of Corpus Christi Test Quant ITEM AI0 ~' I ~ "Htvli\( ! I I T,'ml lull ~eries (1 I'd ~( 'I 1I1~) j )en~JtvlThiekjjl'~' ( i pn :,. I I I, (, I ~1' vel) '} STREET WORK SUB-TOT\L: STORM WATER IMPRO\ EMENTS: ITEM. I ,merete Headn ( urb (.+5! 1 I /. I omete Cvlinder, (~et ,)1' -+1 Imleb' ITEM B7 onerete C urh ramp \\ I'ruIlL ated I )olles '. lI1erete Cvlil Hler, (Set u1' -l 11IIder-! ITEM JI8 oncrete~lde\\alk 165.~111! ~ mlerete ('yl1lider~ (Set oj -+ t1LT -+,)( If SF) 17 ITEM B9 'lmerete Uri\l'\\~i', (4~, 1(" ! :---1' I (' ')(! 'ri \ e\\ .l\, ! 'oncrete Cylinder,; (Set Ul-+ !'LT =~f II, SF) :-;ample Charge Standard PracII.r I len~lties (I pu ~ I 'm ew:(\" =(1 ~8 ITEM BI0 ,," { 'urb and (1\lttl'l' (j(.,=Ui 1 I I I unerete t 'yll1lder,; (Set ()!' -+ tK'r 1 i)( II n 16 ITEM B12 Ilanticipated leader ( 'url, ("1 .f! I .1 'I '\\I1Crete ,'yltllder" (Set uj' -+ ;)l'f III(!I 1) ~.....,,- Test Unit SFI SETS SFT~ :-;F!~ i\ I \ I .\ SLI S Sf! 2 of 6 Unit Fee ,\ .\ $488(((1 'S76()l1 S 135! III Sl35 (ill Fee S976 00 'S684 00 9,899.00 $135()() :b 270 00 S13511(1 $2.295,00 S 135111! $45 IIU S153110 $33 (iil $2.70000 $90.00 $306.00 $1,01400 $135'1(1 S2.l6000 $13511U $135.00 EXHIBIT "A" Page 3 of 7 Date: 09/05/06 Project: MANSHEIlVl AREA DRAINAGE II\IPRO\EMENTS Proposal No: P051905A Client: City of ('orpus Chnsll Test Quant Test Unit Unit Fee Fee ITEMS B]4 & 815 8(I~. iulvert~ i \1)' I i) 5and Heddll1g :l1ld !)lpe 1:IlL,hVlllel11 5l'1\l' ''vlaly~i~ .::" if 5ample Charge 5tandard Pruet, !Jl'n~1\ies (I Del (~1! per '0" I i I hnal 13ackJill nen~lt1es (::' per 1:11 C} 111111::' I In, leied) Sample Chargl 51andard Pruet, 1,.\ $570(i $S700 1'..'\ $4S.0( , $45.00 1,.\ SIS3Jiil $lS300 ..\ S33(J( $6600 4 I \ $321111 $128.00 I .,\ :1;4S01' :1;4S.00 1 I .\ S 1531 ill $153()() ITEMS B16 & 817 (,i"&S4"RCI \Ii,'emem'-l'.:ll)al/ed 15(1(' I') ]lelNties (] per ~( 1 II. Sample Charge SlamlardProell" 4 \ $3311( S 132.00 I \ ';4SIII! S45 00 I \ $153 (H ,I $15300 lTEMS B]8, 819. 820. AND 82] :-I" 42" ReF i2:<:~5 1 i) sand Bedding ,11ld i'lpe Enca~ell1ellt 1 )el1~ltles (] pel 5' II U I TrenchBackfili(()~",,!\lod. .\lol'ILre) I I )en~ityper ~IIIII.F per I lit (11111,::' lIb) Sample Chargl \lodIfied Proel,r IT ,\ S33(111 SllJ8.00 I::' .\ $331/11 $3lJ600 ,\ :-5451)1 I $45.00 ,,\ $200 ( II I $2(JO.00 ITEMB23 I vpe B StOffil 'Vall'r f\lanJil,k I I::' I I Set uf 4 l 'yltl ,Jer, per (, \ lanl ,uke SITS $ 135 III) $27000 ITEMSB24, 825. AND B26 url> Inlets (5::' Inlets (0 ] Se1 per ili I deh) (, '-lr;TS $135 I ili S8 10 00 STORM WATER IMPRO\EMENTS SLIB-TOTAL: $] 2,901.00 EXHIBIT "A" Page 4 of 7 3 of 6 _..~- Date: 09/05i06 Pro,ject: MANSHEIM ARL\ DRAINAGE IMPROVEMENTS ProposalNo: P051905A Client: Cit~ of Corpus Chnstl Test Quant ITEM Cl 6" ( 'urb & (futtel (-"'I I() F I 1 :-;u '<I' 4 C'vlil Ie ler' per I II ITE M CZ 8' F\i Waterlllle 1>j1)1 I] Sand l:leddmg ;uld I'lpe 1:llLa~\'lllenl Sel\ t: ."\IU1]Y~1~2i II,) r)en~ltles(lpe1"1 i}1 F mal Backfill I )en~lttes (l)5~', \1, lei Pn let,11) I per "00 ] r p\'r ] .ltl (a~~ull1e -' II Ib l:~ted I 1 ..+ 8 ITEM C3 (" 1'\'(' Waterlllle 1-+50 i.I Sand Bedding and l)lpe Enca~ement I )en~lties (1 per "I !i i I ,F) ] mal 13aokfull 1 )ell~lties (95~, \l"d Pn 11'11)1) ] per 500 IF peT I lit (a~~ullle -' I lib I,,~ted \ WATERLINES SUB-TOTAL SANITARY SEWER IMPROVl\IENTS: ITEM Dl (," I 'urb & (Tuner i 1 >jO(! I J ) :-;\'1 Dr 4 ( 'yllllde!~ per] 1)1'" ITEMS 1>2, D_~. D4 AND 05 l{cl11uve lilnd Repletee W a::;k\\ a1<:r illl' (41)5 i ,I') Sand Be4dmg and PIpe Enca~cme11l !en~lties (I pe:- :"111 I J ! ITEMS 1>6 I'lpe Burstmg ,," \\W I,melr iI" I L>jl 'I.lr Sam] Bedding ,Uld Pipe EnC;N'i11c1I1 lClblties (I pC! :"Ii U r ..+ - Test Unit SFTS 1\ i,\ 1\ SIIS 4 of 6 Unit Fee ';;135 ()Ir .\ ,\ S6801 S33(1I S33(1I1 .;;33(rl '<13111, S135(11) 1",\ 'i;331111 1,\ '5331111 Fee $270.00 $68.00 S 132,00 $264.00 $33.00 '566,00 $833.00 S270,OU $33.00 S 132CiU EXHIBIT "A" Page 5 of7 Date: 09/05/06 ProJect: MANSHEIM AREA DRAI~AGE IMPROVEMENTS Proposal No: P051905A Client: Cit~ of Corpus Christl Test Test Quant Unit Unit Fee Fee -+ :-;IT~ ..; 1 35 (II' :5540 00 ITEMS Dfl & D9 \\ l,lewater \hIJiwie'; (:::2) 1 "e1. ,)r4C\liJlder~ per! \i<lnll{lIl'~ ITEMS OS & D9 Vll,lewater \1anlll de:; (:::2) 1 :--el (lf4Cvlinder, per (, \Lmi1,lIl" -+ ITEM D15 1. nantlcipated :-;ide\\:llk 1~51!<! ~i' 1 :-;et :)1' 4 CvlincJer, per -H I( il i ~I ITEM D16 1 nantleipated 1 )rJ\ LI\a: (lX! il "I) I ~el ill' 4 Cylinder, per ..'5( ,I ~,I Dell:;llles (1~inL al erage SI Ii 1 hT ell III SANITAkY SEWER SUB-TOTAL: ITEM A-"53 Dewatering and Disposal IllItla] Water te,h (( lround \\ all'r) '1 uta] Uissolved :-;ul1lb ']Iltal Suspended S"l1Lls llltal PetroJewl II' droearh()1l~ l'ltall,ead Bellzene lotal BTEX PII!:-nuclear Ar"IllIll H: drCll',lll." In, Imllal Water te,\-; I !~eCe!\lllt: Iler! 1 nal Disso I ved ~l' lJ d~ 1 Ilta1 Suspendell Si1llds 5 of h ~-,..""_. SITS :-; 1 35(!(1 S5400() SI;I :-; I 35(1(1 $135.00 Sll \ S]35.(1( S33C)(1 $] 35.00 $330.00 $~.115.00 1,.,\ S7/1(11) S7(1.00 1,\ $60 (II! $60.00 1;,\ S 12()1)(1 $120.00 1;\ S701!( ) :J;70.00 FA $80 J)( I $80.00 1\ S 120(1(1 S 120.00 1.\ S3()6(1( $306.00 ,\ I' \ SIO()( $60(1(, S7(1()O S 60 00 EXHIBIT "A" Page 6 of 7 Date: 09/05/06 ProJect: MANSHEIM AREA DRAINAGE IIVIPRO\ EMENTS Proposal No: P051905A Client: City of Corpus Christl Test Quant ITEM A-53 Continued Wt.'t'kly Water iC~\, ((Jnlund ltCl1 1"tal [)lssolved-;(1l1d~ '[,'tal :-iuspended :-ill!ds 'I, 'tal Pctrokun i j' ,lmcirh"lI, 'I ,t,u ,t'ad B t:Il/t'lle 'I Iltal HTE:\ \Iunthly Water tests (GruWid :ltt'l) p, '!\'nuclear Ar, ,111\ IC Ilydrocarh, 1lI~ \\ A TER TESTS Sl'B- TOT AL: SANITARY SEWER SUB-TOTAL: STREET WORK SUB-TOT AL: STORMWATER SUB-TOT\L: WATERLINES SUB-TOTAL ADMINW;TR\TlON FEE: TRANSPORT ATION FEE: 1211 TOT AL: 6 of f; ~'''- Test Unit Unit Fee Fee ,,\ qO(j(1 $140 or) ,\ S60(1(! $120,00 j; \ S 120(11 I $240,00 1 .\ q()(111 '!; 14000 1 ,\ :1;80 (II i $160,00 I" \ S 12()11! i '!;24000 1;,,\ '1'30(1)(1 '!;306,OO $2,302.00 $2,115.00 $9,899.00 $12,901.00 $833.00 $150.00 :;;15(11' 1,800.00 30,000.00 !\ EXHIBIT "A" Page 7 of 7 Exhibit B Mandatory Requirements (Revised September, 2001) INSURANCE REQUIRI=MENTS I. CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Da, Notice of Cancellation required on all Bodily Injury and Property Damage certifi..tes Commercial General Liability including $2,000,000 COMBINED SINGLE LIMIT 1 Commercial Form 2 Premises - Operations 3 Explosion and Collapse Hazard 4 Underground Hazard 5 Products/ Completed Operations Hazard 6 Contractual Insurance 7 Broad Form Property Damage 8 Independent Consultants 9 Personal Injury AUTOIIQBILE L1ABILlTY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR REIITED WHICH COMPLIES WITH THE TEXAS WORKERS= WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFEI>SIONAL POLLUTION L1ABILlTYI $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limled to sudden & accidental discharge; to include [ ] REQUIRED long-tem environmental impact for the disposal of [Xl NOT REQUIRED contamilants BUILDeRS' RISK See Section 8-6-11 and Supplemental Insurance Requirements [ 1 REQUIRED [Xl NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section 8-6-11 and Supplemental Insurance Requirements [] REQUIRED [Xl NOT REQUIRED Exhibit "B" - Insurance Requirements Page 1 of 3 ~^....- C In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties II. HOLD HARMLESS A. Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail. return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. C. 8uilder's Risk Coverage: Consultant \"JiII bo resl=lensible fer I=lraviding builder's risk insurance ce'.'9rago for the term of tho contract uf3 ta and inoluEfiAg the dato tl=lo City finally acoe~ts tho ~roject or 'Nork. Builder's risk ce'JemElo shall eo an "/\11 RiGk" form. Tho policy shall be a camplctod value form. Tho Consultant shall previde such builder's risk coverage at loast in the ameunt ef $ ( DOLLARS) '.".'hioh is estimated to bo the '/alue at com~letian af the real or personal property to eo censtructed, repaired or othenuiso impra'Jed under the contr-act. Consultant shall ee responsible for paying all cests necossary to f3resure such Exhibit "B" - Insurance Requirements Page 2 of 3 "'I!I!WIJIIIl' builder's riElk insuranoe ooYera~e, inolusing any s08uotiele. The City shall ee namod an a~~iti9nal insured on any polioy provising SUGh insuranGe coverago. III. On the certificate of insurance: · The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. · Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. · The name of the project also needs to be listed under "description of operations". · At least 10-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. Exhibit "8" - Insurance Requirements Page 3 of 3 ~..."..,,-- TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform 1.2 Perform technical services under the general direction of a licensed engineer and in substantial accordance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable. or other standards designated in writing by the "CITY ENGINEER" 1.3 Promptly submit formal reports of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER". or his authorized representative, documentation of such calibration Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of ongin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specificallv designated in writing by the "CITY ENGINEER" 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times 1.7 Pay salaries. wages. expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when It appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 'LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities 3.2 "LAB" IS not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1'CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means. methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approvmg 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 AM"ICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill orclnarily 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 deYeloped by "LAB" ARrICLE 6. SAFETY "CfTY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PR4;)JECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal state, and federal laws, rules and regulations, including OSHA. The duty of ...... "LAB" In providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress inVOices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB" If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that anyone or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT No waiver of any default will be a waiver of any future default 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT ~,; rti" City of Q>ipus .. ..._ Chnsti ~~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered. If the question is not applicable, answer with 'N/A" FIRM IIAME: Rock Enaineerina & Testina Laboratory, Inc STREIT: 4910 Neptune Street CITY: Corpus Christi ZIP: 78405 FIRM Is: Corporation_-L. __ 2 Partnership__ 3 Sole Owner_ 4. Association_ 5 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. ltate 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. ltate 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 ally matter related to the subject of this contract and has an ownership interest constituting 3% or more of tile ownership in the above named firm. Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withhelcf disclosure of any information requested and that supplemental statements will be promptly submitted to the City of Corpus Chr, ist~.. Texas a, s ~h, a,l)ges occur " " . '\lo JI~ ..t i\A , L-""l" \\ '::0 f' . \-Zl>L~ ',_ (")",S'r'\e',:.s \-'-v<:"\: ~n'\~l'\ IHC\(. Certifying Persontt\Christo(>her A. Rock. P.E, Titl~~' Branch Manaaer (r ype or Pnnt) -.. .' . r, .('1 ,- {' I', ' Signature of Certifying Person ~ . ^ ~ L\ " 13.l~ b Date: -\ ~" Of EXHIBIT "0" Page 1 of 2 a DEFINITIONS Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi. Texas. Empfoyee. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as all independent contractor Arm. Any entity operated for economic gain, whether professional, industrial or commercial and whether .tablished 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'd'oint stock company, joint venture, receivership or trust and entities whicl1, for purposes of taxation, are treate as non-profit organizations. Qfficial The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Oepartment and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. Ownership Interest Legal or equitable interest, whether actually or constructively held, in a firm, including when stich interest is held through an agent, trust, estate or holding entity. Constructively held refers to holaing or control established through voting trusts. proxies or special terms of venture or partnership agreements. 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 b c d e EXHIBIT "0" Page 2 of 2 ........."". ."'~~.