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Home My WebLink AboutC2007-066 - 3/20/2007 - ApprovedAGREEMENT 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 corporation, "CITY", acting through its duly authorized City Manager or designee ( "City Engineer"), and ROCK ENGINE WING J TESTING LABORATORY, INC., a Texas corporation or partnership, "LAB ", acting through its duly auth6rized representative who is Curtis A. Rock, Business Development Manager, which agree as follows DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Clill Maus Street Improvements Phase 2 from Old Brownsville Road to Bear Lane (Pr*ct No. 6275) and Phase 3 from SPID to Rockford Drive (Project No 6276) BOND ISSUE 2004 PROJECT' 2. SCOPE OF WORK "LAB" shall provide services to the PROJECT in accordance with the accomparrying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit B ". 3. FEE The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A ", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $29,516.00 (in figures), (Twenty One Thousand Five Hundred Sixteen Dollars and Zero Cents) (in words). 4. 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 OF CORPUS CHRISTI Ronald F. Massey, Date Assistant City Manager APPRQVISD AS TO FORM Dir for f)`ngr. Services Date . Legal Department Date Foster roell, Date Wa ator S rv' %A911ALmx- 3 -07 Eduardo Crana, P. E.. Date Water Services Val E., Date ,�Storm Water Services 2007 -066 03/20/07 M2007 -074 ROCK ENGINEERING & TESTING LABORATORY - — -,:-; 1% Curtis A. Rock Date Business Development Manager 4910 Neptune Street Corpus Christi, TX 78405 (361) 883 -4555 Office (361) 883 -4711 Fax AU 1 tiOXILL. W vowNCIL 2- 0 SECRW ATTEST: - ARMANQD C4HA P A CfTY SECRETARY Rock Engineering & 'testing Page 1 of 2 Cliff Maus Street Imps, Phase 2 from Old Brownsville Road to Bear Lane (Proiert No 6275) Street W astewator 550920 -3541- 00000 - 170560 550920- 4500 - 00000 - 170560 $7,283.07 8,140.03 Water 550920 - 4475 - 00000 - 170560 647.96 Drainage — 550920- 4525 - 00000 - 170560 944.94 Subtotal Rhase 2 _ 17,016.00 Cliff Maus Street Imps, Phase 3 from SPID to Rockford Drive Project No. 6276 Street 550920- 3541 - 00000 - 170565 7,976.64 Wastewater _ _ 550920- 4500 - 00000 - 170565 3,666.04 Water _ 550920- 4475 - 00000 - 170565 857.32 I Drainage 550920- 4525 - 00000 - 170565 0.00 Subtotal Phase 3 12,500.00 _Total Contract — — $29,516.00 Page 2 of 2 February 28. 20 ()7 ('ity of Corpus Christi P.O. Box 9277 Corpus Christi, f exas 78469-92 7 Attn Mr, Angel R. Escobar. P.E. Director of Engineering Service, SUBJECT: ESTIMATED TESTING BUDGET Cliff Mans /Phase 2 -Old Brownsville Rd. to Bear Lane Project No. 6275 and Cliff Maus /Phase 3- SPID to Rockford Drive Project No. 6276 Corpus Christi, Texas RETL Proposal Number: P020107A Dear Mr Escobar, • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS • ASPHALT • CONCRETE Rock Engineering and Testing Laboratory. Inc. (RETL) is pleased to be selected to perform the required Construction Materials Testing for the above- mentioned project. The Estimated Construction Materials Testing Budget for this project is $29,516.00 The estimgted construction materials testing budget has been based on a review of the plans and specifications, using standard city of Corpus Christi testin.�: frequencies. A breakdown of field and laboratory testing required is included as an attachment. Please matte note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessW will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed tithe from technician arrival to commencement of testing activities, and any time the technician is required to be on -site but not performing testing activities. In addition, in -place densities will be invoiced for a minimum of 3 in- place denskies per trip. RETL, appreciates your consideration of our firm to assist you during the construction phase of your project. If you have any questions or comments please conlaet us at (361) 883 -4555. Sincerer Robert Pena, Protect Estimator cc_ Naismith Engineering, Inc, Attn: Mr Wilfredo Rivera Jr_ P. E. ACCEPTED AND APPROVED Date EXNIBI Rock ENGINEERING & TEsTm LABORATORY, INC. I Pa a of s www, rocktesting. com 4910 NEPTUNIJ STREET • CORPUS CHRIST,, TEXAS, 78405 18847 REDLAND ROAD #202 • SAN ANTONIO, TEXAS, 78259 OFFICE: (361) 883 -4555 • FAX: (3611 883 -4711 OFFICE: (210) 495 -8000 • FAX: (210) 495 -8015 02/28/07 ect: Cliff Nfous/Phase 2- Proj. No. 6275 &Phase 3 -Proj. No. 6276 wsal No: P'020107A it: City of Corpus Christi 'RASE 2, PROJECT NO. 6275 STREET IMPROVEMENTS " Compacted Subgrade (8,505 SY) (1,595 LF) Sample Charge Standard Proctor (City of CC S 10) In -Place Densities (95% Std- No Moisture Spec.) LF of Street per I )ensity LF of Street (Based on Curb) Number :)f Densities Required " Flexible Base*Crushed Limestone (8,505 SY) (1,595 LF) Sample Charge Standard Proctor (City of CC S--'4A) In -Place Densities (98% Std., 'vo Moisture Spec.) LF of Street per l )ensity I-F of Street Number of Densities Required Atterberg Limits and Gradation ('ity of' ;'C S -24) lbrasion Loss (ASTM C -131 ) ,0" Ty D & 3.5" Ty B MMAC (7,179 SY) (2,172 Tons) Sample Charge Asphalt I ull Series Cored In -Place Densities (3 per 5(10 "Don:) Curb & Gutter (3,190 LF) Concrete Cylinders (Sets of 3 j (3,00f) P>1) LF of Curb -& Gutter per set of Cylinders U1 of < "urb & Gutter Number of Sets of Cylinders In -Place Densities behind Curb (95 °�„ Stci., no moisture spec -) LF of Curb per Densit} LF of urb & Gutter Number of Densities Concrete Sidewalk and Curb Ramp (16,145 SF) Concrete'- ylinders (_Sets of-3) (3,000 PSI) SF of Sidewalk per set of Cylinders SF of Sidewalk Number (T Set,; Sets of Cylinders Test Item Test Test Freauencv Ouantit Ouan t Unit Unit Fee Fee 2100 20() 1,595 1,595 500 3,190 2(1(1 3,190 1 EA. $45.00 $45.00 1 EA. $153.00 $153.00 8 EA. $33.00 $264.00 1 EA. $45.00 $45.00 I EA. $153.00 $153.00 8 EA. $33.00 $264.00 1 EA. $131.00 $131.00 1 EA. $255.00 $255.00 5 EA. $45.00 $225.00 5 EA. $488.00 $2,440.00 13 EA. $76.00 $988.00 7 SETS $101.00 $707.00 16 EA. $33.00 $528.00 4001) 16,145 4 SETS $101.00 $404.00 AMEND. NO. 2 e 1 of 8 EXHIBIT "A" Page 2of9 e: 02/28/07 jest: Cliff NWs/Phase 2- Proj. No. 6275 &Phase 3 -Proj. No. 6276 posal No: P020107A ant: City of CArpus Christi Concrete Driveway (825 SF) �.'oncrete Cvlinders (Sets of 3) (,,O0O P, LF of Driveway per set of Cylinder, SF of Driveway Number of Sets of Cylinder;: LNITARY SEWER IhVROVEMENTS ASTEWATE)R COLLECTION SYSTEM nitial Backfill for all Utility Lines Sample Charge \tterburg C.:nxiits and Gradation " PVC Wasterwater Line (13' 0 "Cut) (47 LF) Final Backfill Sample Charge Standard Proctor In -Place Densities (95% Std, 20,, of opt.) LF of "french per Density per lift LF of Trench Dumber of Lilts Number of Densities Required 8" PVC Wasterwater Line (17' 0 "Cut) (53 LF) Final Backfill Sample Charge Standard Proctor In -Place Denies (95% Std- -'0 o f )Pt,) LF of Trench per Density per lift LF of Trench Number of Lilts Number of Densities Required 8" PVC Wasterwater Line (19' 0 "Cut) (47 LF) Final Backfill Sample Charge .Standard Proctor In -Place Densities (95% Std -, ' of ,)pt.) LF of Trench per Density per lift LF of Trench Number ofLilts Number ofDensities Required Test Item Test Test Freauencv Ouanti Ouan t Unit Unit Fee Fee 4000 200 825 47 13 1 SETS $101.00 $101.00 1 EA. $45.00 $45.00 1 EA. $131.00 $131.00 1 EA. $45.00 $45.00 1 EA. $153.00 $153.00 13 EA. $33.00 $429.00 Same as 8" PVC (13'0" Cut) unless source changes Same as 8" PVC (13'0 " Cut) unless source changes 2(iO 53 17 17 EA. $33.00 $561.00 Same as 8" PVC (13' 0" Cut) unless source changes Same as 8" PVC (13'0" Cut) unless source changes 20O 47 19 19 EA. $33.00 $627.00 2 of 8 FE HIBIT "A" a e3of9 J#k> e: 02/28/07 ject: Cliff Nf us/Phase 2- Pro,j. No. 6275 &Phase 3- Pro,j. No. 6276 posal No: P020107A ,nt: City of Corpus Christi 2" PVC Waste-water Line (13' 0 "Cut) (105 LF) final Backfill ~ample Charge Standard Proctor Iii-Place Densities (`)5% Std., 2% of )pt.) LF of Trench per Density per lift LF of Trench Dumber of Lifts Number of Densities Required 2" PVC Wastawater Line (15' 0 "Cut) (285 LF) inal Backfill Sample Charge Standard Proctor In-Place Densities (95% Std., + - 21.„ oi )pt.) 1-1 of Trench per Density per lift LF of Trench Number of Lifts Dumber of Densities Required 12" PVC Wastewater Line (17' 0 "Cut) (620 LF) final Backfill Sample Charge Standard Proctor In -Place IDensities (95% Std, - 2% of .)pt.) LF of Trench per Density per lift LI- of Trench Number of Lifts Number of Densities Required 12" PVC Wastemater Line (19' 0 "Cut) (518 LF) Final Backfill Sample Charge Standard Proctor In -Place C )ensities (95% Std„ - 2% of )pt.) LF of Trench per Density per lift LF of Trench ?umber of Lifts Number of Densities Required Test Item Test Test Frequency Ouantit Ouan t Unit Unit Fee Fee Same as 8" PVC (13'0" Cut) unless source changes Same as 8" PVC (13' 0" Cut) unless source changes 20(1 105 13 13 EA. $33.00 $429.00 Same as 8" PVC (13'0" Cut) unless source changes Same as 8" PVC (13'0" Cut) unless source changes 200 285 15 22 EA. $33.00 $726.00 Same as 8" PVC (13'0" Cut) unless source changes Same as 8" PVC (13'0" Cut) unless source changes 200 620 17 53 EA. $33.00 $1,749.00 Same as 8" PVC (13'0" Cut) unless source changes Same as 8" PVC (13'0" Cut) unless source changes 200 518 19 50 EA. $33.00 $1,650.00 s 3 of 8 EXHIBIT "N' Page 4 of 9 e: 02/28/07 jest: Cliff Mzus/Phase 2- Pro.j. No. 6275 &Phase 3 -Prof. No. 6276 posal No: P020107A !nt: City of Corpus Christi 2" PVC Wasterwater Line (23' 0 "Cut) (40 LF) inal Backfill Sample Charge , tandard Proctor In -Place Densities (95% Std_, - ?0 of )pt.) LF of Trench per Density per lift L1- of "french Number :if Lifts '\umber of Densities Required anholes (7 Each) )ncrete Cvlinden, (Sets of 3) (3,0110 PSI) Number of Manholes per set of( 'ylindei s \umber of Manholes 7 .\umber of sets of cvlinders Requied ATER SYST04 "ROVEMENTS 8" PVC Water Line (3' 0" Cut) (1,800 LF) Final Backfill Sample Charge Standard Proctor In -Place Densities (95% Std, no moist_ spec) I-T of Trench per Density per lift LF of Trerteh Number .)f Lifts Number 4Densities Required DRAINAGE IMPROVEMENTS 48" RCP Stormwater Lane (5' 0" Cut) (688 LF) Final Backfill Sample Charge Standard Proctor In -Place Densities (95% Std -, no moist spec) L.F of Trench per Densitti per lift LF of Trench Number of Lilts Number of Densities Required Test Item Test Test Frequency Ouantit Ouan t Unit Unit Fee Fee Same as 8" PVC (13'0" Cut) unless source changes Same as 8" PVC (13' 0" Cut) unless source changes 40 23 7 23 EA. $33.00 $759.00 2 SETS $101.00 $202.00 Same as 8" PVC (13'0" Cut) unless source changes Same as 8" PVC (13'0" Cut) unless source changes 200 1,800 2 18 EA. $33.00 $594.00 Same as 8" PVC 03' 0" Cut) unless source changes Same as 8" PVC 03'0" Cut) unless source changes 200 688 5 17 EA. $33.00 $561.00 • • 4 of 8 EXHIBIT "A" Page 5 of 9 02/28/07 Cliff 14us/Phase 2- Proj. No. 6275 &Phase 3 -Prof. No. 6276 al No: IP020107A City of Corpus Christi ets (9 Each) ncrete C- Binders (Sets of 3) (3,u(,o PSI) \umber of Inlets per set of ('vlinders 'yumber of inlets \umber of sets of cylinders Required tnholes (4 Eagh) ncrete Cylinders (Sets of 3) (3,000 PSI 1 'dumber of Manholes per set n f CylindcYs Number of Manholes \umber of sets of cylinders Required ASE 2 SUBTOTAL ludes $1,34o.00 for Transportation and �dmin. Fern PHASE 3, PROJECT NO. 6276 STREET IMPRIDVENMWS " Compacted %bgrade (9,088 SY) (1,800 LF) Sample Charge Standard Proctor (City of Ct' S -I o) In -Place Densities (95% Std, No Moisture Spec.) LF of Street per Density LF of Street (Based on Curb) Number of Densities Required 6" Flexible Base+Crushed Limestone (8,647 SY) (1,800 LF) Sample Charge Standard Proctor (City of CC' S -'4A) In -Place Densities (98% Std., No Moisture Spec.) LF of Street per ! )ensity LF of Street Number of Densities Required Atterberg Limits and Gradation (City of :"C 5 -24) :Abrasion Loss (AS'l M C -131 ) Test Item Test Test Freauencv Ouanti Quan t Unit Unit Fee Fee 9 r, 4 $17,016.00 200 201) 1,800 1,800 2 SETS $101.00 $202.00 1 SETS $101.00 S101.00 1 EA. $45.00 $45.00 1 EA. $153.00 $153.00 9 EA. $33.00 $297.00 1 EA. $45.00 $45.00 1 EA. $153.00 $153.00 9 EA. $33.00 $297.00 1 EA. $131.00 $131.00 I EA. $255.00 $255.00 o� EXHIBIT "A" e ° 5of8 Pa 6of9 02/28107 Cliff Mgus/Phase 2- Proj. No. 6275 &Phase 3- Projj. No. 6276 al No: P020107A City of Corpus Christi Curb & Gutter (3,600 LF) Concrete Cylinders (Sets of 3) (3.000 PSI) EF of Curb & Gutter per set of Cylinders EF of Curb & Gutter Number Jf Sets of Cylinder,, Required In -Place Densities behind Curb (95",o Std., no moisture spec.) LF of ('urbper Density L -I' of Curb & Gutter Number of Densities Require] ' Concrete Sidewalk and Curb Ramp (18,390 SF) ('oncrete Cvfiliders (Sets of 3) (3,000 PSI) SF of Sidewalk per set oft Anders SF of Sidewalk Number of Sets of Cylinders Required 6' Concrete Driveway (19 Each) Concrete Cyligiders (Sets of 3) (3,000 PSI) Dumber ofDri- veways per set of ('yhnders Number of Drix eways Number of Sets of Cylinders Required SANITARY SEWER 1WROVEMENTS WASTEWATER COLLECTION SYSTEM Initial Backfill br all Utility Lines Sample Charge �Vterburg l .imits and Gradation 8" PVC Wasterwater Line (7' 0 "Cut) (292 LF) Final Backfill Sample <'harge Standard Proctor In -Place Densities (95% Std., 2 '/. of opt.) l l' of Trench per Density per lift EF of Trench Number of L_ift�, 'number of Densities Required 50( r 3,600 20() 3,600 4000 18,390 c 19 8 SETS $101.00 $808.00 18 EA. $33.00 $594.00 5 SETS $101.00 $505.00 4 SETS $101.00 $404.00 1 EA. $45.00 $45.00 1 EA. $131.00 $131.00 1 EA. $45.00 $45.00 1 EA. $153.00 $153.00 200 292 7 11 EA. $33.00 3.00 EXHIBIT "N' ° 6of8 1 Page T of 9 Test Item Test Test Frequency Ouanti Ouan t Unit Unit Fee Fee " Ty D & 3.5" Ty B fE%1AC (7,475 SY) (2,262 Tons) ~ample Charge 5 EA. $45.00 $225.00 asphalt }null Series 5 EA. $488.00 $2,440.00 C ored In -Place Densities (3 per 4 0H 1 rn:s) 14 EA. $76.00 $1,064.00 Curb & Gutter (3,600 LF) Concrete Cylinders (Sets of 3) (3.000 PSI) EF of Curb & Gutter per set of Cylinders EF of Curb & Gutter Number Jf Sets of Cylinder,, Required In -Place Densities behind Curb (95",o Std., no moisture spec.) LF of ('urbper Density L -I' of Curb & Gutter Number of Densities Require] ' Concrete Sidewalk and Curb Ramp (18,390 SF) ('oncrete Cvfiliders (Sets of 3) (3,000 PSI) SF of Sidewalk per set oft Anders SF of Sidewalk Number of Sets of Cylinders Required 6' Concrete Driveway (19 Each) Concrete Cyligiders (Sets of 3) (3,000 PSI) Dumber ofDri- veways per set of ('yhnders Number of Drix eways Number of Sets of Cylinders Required SANITARY SEWER 1WROVEMENTS WASTEWATER COLLECTION SYSTEM Initial Backfill br all Utility Lines Sample Charge �Vterburg l .imits and Gradation 8" PVC Wasterwater Line (7' 0 "Cut) (292 LF) Final Backfill Sample <'harge Standard Proctor In -Place Densities (95% Std., 2 '/. of opt.) l l' of Trench per Density per lift EF of Trench Number of L_ift�, 'number of Densities Required 50( r 3,600 20() 3,600 4000 18,390 c 19 8 SETS $101.00 $808.00 18 EA. $33.00 $594.00 5 SETS $101.00 $505.00 4 SETS $101.00 $404.00 1 EA. $45.00 $45.00 1 EA. $131.00 $131.00 1 EA. $45.00 $45.00 1 EA. $153.00 $153.00 200 292 7 11 EA. $33.00 3.00 EXHIBIT "N' ° 6of8 1 Page T of 9 e: 02/28/07 ject: Cliff Mbus/Phose 2- Proj. No. 6275 &Phase 3 -Prof. No. 6276 posal No: P020107A :nt: City of Carpus Christi " PVC Wastewater Line (9' 0 "Cut) (720 LF) Final Backfill ,Sample Charge Standard Praetor In -Place Densities (95% Std.. 2(",) of opt.) Lf ot" I reneh per Density per lift LP o t I Tench Number of Life Number of Densities Required " PVC Waster-water Line (11' 0 "Cut) (576 LF) Final Backfill Sample Charge Standard Proctor In -Place Densities (95% Std, + ",. of opt -) LF of Trench per Density per lilt Ll of -french Number ofLifts Number Of Densities Required " PVC Wasterwater Line (13' 0 "Cut) (128 LF) Final Backfill Sample Charge Standard Proctor In -Place Densities (95% Std_, + 20�,, of' ,)pt. ) LI, of Trench per Density per lift LP of "french Number ofLifts Number ofDensities Required Manholes (5 Each) Concrete Cylinder,-, (Sets of 3) (3,00u PSIj Number of Manholes per set of Cylinders Number of Manholes Number onsets of c%-Iinders Required Test Item Test Test Frequency Ouantit Ouan t Unit Unit Fee Fee Same as 8" PVC (7'0" Cut) unless source changes Same as 8" PVC (7'0" Cut) unless source changes 200 720 9 33 EA. $33.00 $1,089.00 Same as 8" PVC (70" Cut) unless source changes Same as 8" PVC (70" Cut) unless source changes 200 576 11 32 EA. $33.00 $1,056.00 Same as 8" PVC (70" Cut) unless source changes Same as 8" PVC (TO" Cut) unless source changes 200 128 13 6 5 13 EA. $33.00 $429.00 i SETS $101.00 $101.00 N� � I EXHIBIT "A" • 7of8 Page 8 of 9 Date: 02/2807 Project: Cliff Nbus/Phasc 2- Proj. No. 6275 &Phase 3 -Proj. No. 6276 Proposal No: M120107A Client: City of Corpus Christi WATER SYSTEM IMPROVEMENTS 8" PVC Water Line (2' 0" Cut) (1,780 LF) Final Backlill Sample Charge Standard Proctor ]n -Place Ihnsities (95% Std. no moist spec) I _l' of Trench per Density- per lift I ; � of Trench Number of L,ift�, Number of Densities Required Inlets (6 Each) Concrete Cylinders (Sets of 3) (3,000 PSI) Number of Inlets per set of ('vhnders Number of Inlets Number of sets of c° linders Required Manholes (3 Each) Concrete Cylinders (Sets of 3) (3,001) PSI) Number of Manholes per set ol Cylinders Number of Manholes Number of sets of cylinders Required PHASE 3 SUBTOTAL Includes $8"'6.00 for Transportation and Admin. Fees TRANSPORTATION FEES MINISTRA'INON FEE TOTAL Test Item Test Test Freauencv Ouanti Ouant Unit Unit Fee Fee Same as 8" PVC (13'0" Cut) unless source changes Same as 8" PVC (13'0" Cut) unless source changes 200 1,790 0 6 6 3 $12,500.00 18 EA. $33.00 $594.00 1 SETS $101.00 $101.00 1 SETS $101.00 $101.00 145 TRIPS $15.00 $2,175.00 $50.00 $29,516.00 �1 ' 1 EXHIBIT 8 ofS Page 9 of 9 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: .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. 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 ". 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. 4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER ", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 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. 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 ". 22 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 (Revised January 1998) Exhibit "B" Page 1 of 3 2.4 Advise "`AB" 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 31 "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 41 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party (Revised January 1998) Exhibit "B" Page 2 of 3 42 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for 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 81 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 83 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. (Revised January 1998) Exhibit "B" Page 3 of 3 City of Corpus CITY OF CORPUS CHRISTI Chnst1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 1'112, as amended, requires all persons or firms seeking to do business with the City to provide the following information Every cuestion must be answered. If the question is not applicable, answer with "N /A" FIRM NAME: Rock Engineering & Testing Laboratory Inc STREET: 4910 Neptune Street CITY: Corpus Christi ZIP: 78405 FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Association_ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Job Title and City Department (if known) N/A 2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Title N/A 3 State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any miter related to the subject of this contract and has an ownership interest constituting 3% or more of the owlnershillp in the above named firm. Name Consultant N/A CERTIFICATE I certify that 811 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: urtis A. Rock Title: Business Development Manager Type or rm i Signature of Certifying Person:_A.,.�, _ ' _ Date; l I ri EXHIBIT "C" Page 1 of 2 DEFINITIONS a Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. Empl e. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an inendent contractor. C 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. r 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. e 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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. t Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2