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HomeMy WebLinkAboutC2009-448 - 11/10/2009 - ApprovedAGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services Cc,~,r~ s 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 Engineering and Testing Laboratory, Inc., a Texas corporation or partnership, "LAB", acting through its duly authorized representative who is ~ck(Name) ~ (Title), which agree as follows: F3~~~^es5 i~eyelopn~ev~} IM.c•haC~~r 1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: New Broadway Wastewater Treatment Plant - Proiiect No. 7293 - "PROJECT". 2. SCOPE OF WORK "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A", the Terms and Conditions to AGREEMENT attached as "Exhibit B", and agrees to indemnification and hold harmless provisions attached as "Exhibit B". 3. 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 "C". 4. 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 $ 299,997.00 (in figures), (Two Hundred Thousand Nine Hundred Ninety Seven and no/xx dollars (in words). 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. 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 ATTEST:. ` !~ /~~ ~ Armando Chapa " (Date) City Secretary 2009-448 LAB: By: (SIGNATURE) ~~ ~3 0 ~~q (Date) 6817 Leopard Street (Address) Corpus Christi, TX 78409 (City/State/Zip) 361-883-4555 Fax: 361-883-4711 (Phone/Fax No.) S7 CffURCIL.....LL. ~ ~~ ~w~~ SECRETARY Page 1 of 1 M2009-315 D00-190130 11/10/09 [dock Eng. & Testing Lab. Oscar Martinez (Date) Assistant City Manager ° °, October 29, 2009 RECEIVED (ociL 2~s2~ ~ ENGINEERING SEHVN;ES City of Corpus Christi -Dept. of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. Pete Anaya, P. E. GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING & TESTING SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED NEW BROADWAY WASTEWATER TREATMENT PLANT Corpus Christi, Texas RETL Proaosal Number: P100909A Dear Mr. Anaya, 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 $299,997.00. The estimated construction materials testing budget has been based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time 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 densities per trip. Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of $22.00 per hour. RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information or if you have any questions or comments please contact us at (361) 883-4555. Sincerely, Don Roper Project Manager ROCK ENGINEERING & TESTING LABORATORY, INC. Exhibit A 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 pa e 1 of 10 OFFICE: (361) 883-4555 • FAX: (361) 883-4711 • www.rocktesting.com Date: 10/9/2009 Project Name: Broadway WWTP Contact: City of CC -Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Test Quantity Unit Fee Fee BUILDING AREA Subgrade Description: Misc. Structures Sample Charge $48.00 $192.00 Square Footage: 108,160 Proctor Type: Standazd 4 $166.00 $664.00 Density Requirements: 95% std. at or above opt. Moisture Test Frequency: (Min. 3/Trip) 1 every 2,000 SF 55 $36.00 $1,980.00 Select Fill Description: Misc. Structures Sample Charge $48.00 $288.00 Squaee Footage: 108,160 Proctor Type: Standard 6 $166.00 $996.00 Density Requirements: 95% std. at or above opt. Moisture Test Frequency: (Min. 3/Trip) 1 every 2,000 SF 433 $36.00 $15,588.00 Number of Lifts: 8 Additional Test: Atterberg Limits and Gradation 6 $70.00 $420.00 Misc. Site Structures (04) Description: Misc. Concrete Cubic Yardage: 73 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY 3 $146.00 $438.00 Headworks (11) Description: Misc. Concrete Cubic Yazdage: 2978 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY 63 $146.00 $9,198.00 Aeration Basin (13) Description: Misc. Concrete Cubic Yazdage: 5227 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY 109 $146.00 $15,914.00 Aeration Blowers (14) Description: Misc. Concrete Cubic Yardage: 504 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY 13 $146.00 $1,898.00 Secondary Clarifiers (15) Description: Misc. Concrete Cubic Yazdage: 5759 Set Size: Concrete Cylinders (set of 4) .Exhibit A tots Pa e2of10 Date: 10/9!2009 Project Name: Broadway W WTP Contact: City of CC -Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY RAS-WAS Pump Station (16) Description: Misc. Concrete Cubic Yardage: 165 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY UV Disinfection (18) Description: Misc. Concrete Cubic Yardage: 646 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY Effluent Pump-Tower-3W (20) Description: Misc. Concrete Cubic Yardage: 388 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY Aerated Sludge Blowers (22) Description: Misc. Concrete Cubic Yardage: 273 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY Aerated Sludge Basin (22) Description: Misc. Concrete Cubic Yardage: 2004 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY Sludge Dewatering (23) Description: Misc. Concrete Cubic Yardage: 767 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY Foul Air Treatment (28) Description: Misc. Concrete 2of9 Test Quantity Unit Fee Fee 118 $146.00 $17,228.00 6 $146.00 $876.00 18 $146.00 $2,628.00 10 $146.00 $1,460.00 7 $146.00 $1,022.00 44 $146.00 $6,424.00 19 $146.00 $2,774.00 Exhibit A Pa e3of10 Date: ]0/9/2009 Project Name: Broadway WWTP Contact: City of CC -Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Cubic Yardage: 564 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY Admin Ops. (28) Description: Misc. Concrete Cubic Yardage: 341 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY ECR-1 (31) Description: Misc. Concrete Cubic Yardage: 214 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY ECR-2 (32) Description: Misc. Concrete Cubic Yardage: 89 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY ECR-3 (33) Description: Misc. Concrete Cubic Yardage: 263 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY Main Electrical Substation (34) Description: Misc. Concrete Cubic Yardage: 342 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY Standby Generator (35) Description: Misc. Concrete Cubic Yardage: 148 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 4000 PSI Test Frequency: 1 set every 50 CY 3of9 Test Quantity Unit Fee Fee 15 $146.00 $2,190.00 9 $146.00 $1,314.00 6 $146.00 $876.00 4 $146.00 $584.00 7 $146.00 $1,022.00 9 $146.00 $1,314.00 3 $146.00 $438.00 Exhibit A Pa e4of10 Date: 10/9/2009 Project Name: Broadway W WTP Contact: City of CC -Dept. Of Engineering Services Contact Infonnation: Mr. Pete Anaya, P. E. Test Quantity Unit Fee Fee Auger-cast Piles Straight Shaft Description: 24" ACP (1,289 Total) Set Size: Grout Cubes (set of 6) Test Schedule: 2@7 Days, 2@28 Days & 2 Hold Grout Yardage: 10,623 CY Grout Strength: 5000 PSI Test Frequency: 1 set every 50 CY 213 $218.00 $46,434.00 6" & 8" CMU Walls Set Size: Grout Prisms (set of 3) Test Schedule: i @7 Days & 2@28 Days Grout Strength: 2500 PSI Test Frequency: 1 set every 5000 SF 80 $109.00 $8,720.00 UTILITIES Initial Backfill Sample Charge $48.00 $192.00 Proctor Type: Standard 4 $166.00 $664.00 Additional Test: Atterberg Limits and Gradation 4 $149.00 $596.00 Final Backfill Sample Charge $48.00 $288.00 Proctor Type: Standard 6 $166.00 $996.00 Yard Piping Line Description: 24" RWW Line Length (LF): 688 Density Requirements: 95% std. f2% opt. Moisture 28 $36.00 $1,008.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 8 Yard Piping Line Description: 24" RWW .Line Length (LF): 225 Density Requirements: 95% std. f2% opt. Moisture 8 $36.00 $288.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 5 Yazd Piping Line Description: 42" FEW Line Length (LF): 210 Density Requirements: 95% std. f2% opt. Moisture 12 $36.00 $432.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 7 Yazd Piping Line Description: 20" RTW, 12" CEN & 16" DEC Line Length (LF): 84 Density Requirements: 95% std. f2% opt. Moisture 5 $36.00 $180.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 5 Yazd Piping Line Description: 4" RWW Line Length (LF): 57 Exhibit A 4 of 9 Pa e 5 of 10 Date: 10/9/2009 Project Name: Broadway WWTP Contact: City of CC -Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 7 Yard Piping Line Description: 8" PUW Line Length (LF): 988 Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 6 Yard Piping Line Description: 8" PTW Line Length (LF): 1300 Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 6 Yazd Piping Line Description: 10" WAS Line Length (LF): 500 Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 6 Yard Piping Line Description: 6" to 8" SCM Line Length (LF): 500 Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 6 Yard Piping Line Description: 6" SCM Line Length (LF): 140 Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Yard Piping Line Description: 8" PDR Line Length (LF): 300 Density Requirements: 95% std. t2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 8 Yard Piping Line Description: 8" PDR Line Length (LF): 275 Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 5 Yard Piping Test Quantity Unit Fee Fee 7 $36.00 $252.00 30 $36.00 $1,080.00 39 $36.00 $1,404.00 12 $36.00 $432.00 12 $36.00 $432.00 4 $36.00 $144.00 12 $36.00 $432.00 6 $36.00 $216.00 Exhibit A 5 of 9 Pa e 6 of 10 Date: 10/9/2009 Project Name: Broadway WWTP Contact: City of CC -Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Line Description: 4" FDR Line Length (LF): 240 Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 5 Yard Piping Line Description: 30" RAS Line Length (LF): 150 Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Yard Piping Line Description: 20" RAS Line Length (LF): 242 Density Requirements: 95% std. t2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 8 Yard Piping Line Description: 36" MLR Line Length (LF): 600 Density Requirements: 95% std. f2% opt. Moisture Test Frequency:. 1 every 200 LF per lift Number of Lifts: 12 Yazd Piping Line Description: 42" SEF Line Length (LF): 324 Density Requirements: 95% std. t2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 7 Yazd Piping Line Description: 48" SEF Line Length (LF): 200 Density Requirements: 95% std. t2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 7 Storm Sewer Line Description: 12" STR Line Length (LF): 100 Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 5 Storm Sewer Line Description: 8" STR Line Length (LF): 170 Density Requirements: 95% std. t2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 6of9 Test Quantity Unit Fee Fee 6 $36.00 $216.00 4 $36.00 $144.00 12 $36.00 $432.00 36 $36.00 $1,296.00 10 $36.00 $360.00 7 $36.00 $252.00 5 $36.00 $180.00 4 $36.00 $144.00 Exhibit A Pa e7of10 Date: 10/9/2009 Project Name: Broadway WWTP Contact: City of CC -.Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Resaca St: Reconstr. Line Description: Line Length (LF): Density Requirements: Test Frequency: Number of Lifts: Resaca St. Reconstr. Line Description: Line Length (LF): Density Requirements: Test Frequency: Number of Lifts: Manholes Number of Manholes: Set Size: Test Schedule: Concrete Strength: Test Frequency: Wastewater (10" PVC) 335 95% std. f2% opt. Moisture 1 every 200 LF per lift 12 Waterline (12" PVC) 1460 95% std. f2% opt. Moisture 1 every 200 LF per lift 6 6 Concrete Cylinders (set of 4) 1@7 Days & 3@28 Days 3000 PSI 1 set every 3 items Inlets Number of Inlets: 12 Set Size: Concrete Cylinders (set of 4) . Test Schedule: i@7 Days & 3@28 Days Concrete Strength: 3000 PSI Test Frequency: 1 set every 6 items PARKING & PAVE Select Fill Description: Misc. Site Fill Square Footage: 43,560 Proctor Type: Standazd Density Requirements: 95% std. at or above opt. Moisture Test Frequency: (Min. 3/Trip) 1 every 2,000 SF Number of Lifts: 15 Additional Test: Atterberg Limits and Gradation Subgrade Description: Misc. Site Paving Square Footage: 86,040 Proctor Type: Standard Density Requirements: 95% std. f2% opt. Moisture Test Frequency: 1 every 2,000 SF Subgrade #2 Description: Gravel Areas Squaze Footage: 64,000 Proctor Type: Standard Density Requirements: 95% std. at or above opt. Moisture Test Frequency: 1 every 2,000 SF Paving Section Test Quantity Unit Fee Fee 20 $36.00 $720.00 44 $36.00 $1,584.00 2 2 $146.00 $292.00 $146.00 $292.00 Sample Chazge $48.00 $192.00 6 $166.00 $996.00 327 $36.00 $11,772.00 6 $70.00 $420.00 Sample Chazge $48.00 $144.00 3 $166.00 $498.00 44 $36.00 $1,584.00 Sample Charge $48.00 $96.00 2 $166.00 $332.00 32 $36.00 $1,152.00 Exhibit A 7of9 Pa e8of10 Date: 10/9/2009 Project Name: Broadway WWTP Contact: City of CC -Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Test Quantity Unit Fee Fee Base Description: 8" Cr. Limestone (Ty. A, Gr. 1) Sample Charge $48.00 $48.00 Square Footage: 24,060 Proctor Type: Modified 1 $216.00 $216.00 Density Requirements: 95%mod. f 1.5% opt. Moisture 13 $36.00 $468.00 Test Frequency: 1 every 2,000 SF Additional Test: Atterberg Limits and Gradation 1 $149.00 $149.00 Additional Test: LA Abrasion Loss 1 $275.00 $275.00 Base Description: 3" Cr. Limestone (Ty. A, Gr. 1) Sample Charge $48.00 $48.00 Square Footage: 61,980 Proctor Type: Modified 1 $216.00 $216.00 Density Requirements: 95%mod. f1.5%opt.Moisture 31 $36.00 $1,116.00 Test Frequency: 1 every 2,000 SF Additional Test: Atterberg Limits and Gradation 1 $149.00 $149.00 Additional Test: LA Abrasion Loss 1 $275.00 $275.00 HMAC Description: 2.5" Ty. "D" HMAC Sample Charge $48.00 $96.00 Square Yardage: 2,675 Tonnage: 370 Full Series Freq.: 1 every 500 Tons 2 $527.00 $1,054.00 Cored in Place Freq.: 1 every 2,400 SY of Pavement 2 $84.00 $168.00 Concrete Description: 8" Concrete Paving Cubic Yards: 1,530 Set Size: Concrete Cylinders (set of 4) 31 $146.00 $4,526.00 Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 3000 PSI Test Frequency: 1 set every 50 CY Resaca Street Reconstruction Subgrade Description: Misc. Site Paving Sample Charge $48.00 $48.00 Linear Footage: 1,460 Proctor Type: Standard 1 $166.00 $166.00 Density Requirements: 95% std. f2% opt. Moisture 15 $36.00 $540.00 Test Frequency: 1 every 200 LF of Street per Lane Base Description: 8" Cr. Limestone (Ty. A, Gr. 1) Sample Charge $48.00 $48.00 Linear Footage: 1,460 Proctor Type: Modified 1 $216.00 $216.00 Density Requirements: 95%mod. f 1.5% opt. Moisture 15 $36.00 $540.00 Test Frequency: 1 every 200 LF of Street Additional Test: Atterberg Limits and Gradation 1 $149.00 $149.00 Additional Test: LA Abrasion Loss 1 $275.00 $275.00 HMAC Description: 2.5" Ty. "D" HMAC Sample Charge $48.00 $96.00 Square Yardage: 6,490 Linear Footage: 1,460 Exhibit A 8of9 Pa e9of10 Date: 10/9/2009 Project Name: Broadway WWTP Contact: City of CC -Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Tonnage: 890 Full Series Freq.: 1 every 500 Tons Cored in Place Freq.: 1 every 300 LF of Street Curb and Gutter Test Quantity Unit Fee Fee 2 $527.00 $1,054.00 5 $84.00 $420.00 Description: 6" Concrete C & G Lineaz Footage: 5,000 Density Requirements: 95% std. f2% opt. Moisture 25 $36.00 $900.00 Density Frequency: 1 every 200 LF Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3@28 Days 10 $146.00 $1,460.00 Concrete Strength: 3000 PSI Test Frequency: 1 every 500 LF Sidewalk Description: Misc. Concrete Sidewalk Squaze Footage: 48,000 Set Size: Concrete Cylinders (set of 4) 12 $146.00 $1,752.00 Test Schedule: 1@7 Days, 3@28 Days Concrete Strength: 3000 PSI Test Frequency: 1 set every 4,000 SF INSPECTIONS & OBSERVATIONS Auger-cast Pile Observations /hour 650 $70.00 $45,500.00 Foundation Reinforcement /hour 80 $70.00 $5,600.00 Structural Steel /hour 40 $70.00 $2,800.00 Visual Welds /hour 40 $70.00 $2,800.00 Roof Deck /hour 8 $70.00 $560.00 Masonry /hour 80 $70.00 $5,600.00 AUGER-CAST PILE INTEGRITY TESTING Field Testing, Engineering Analysis & Report Preparation: $18,000.00 Technical Assistance: 40 $180.00 $7,200.00 CYLINDER PICK-UP FEES Number of Trips: 250 $20.00 $5,000.00 TRANSPORTATION FEES Location: Corpus Christi, Tx. 700 $22.00 $15,400.00 ADMINISTRATION FEES $55.00 ESTIMATED TOTAL $299,997.00 *This is only an estimate. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Exhibit A sots Pa e10of10 EXHIBIT "B" 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 insubstantial 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, togetherwith 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 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". TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 1 OF 4 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. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 2 OF 4 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 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 ofnon-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 PROJECTOS 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. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 3 of 4 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 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. 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. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 4 OF 4 Exhibit C Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Lab 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. / , __ SUPPLIER NUMBER TO BE ASSIGNED BY CTf~ - = PURCHASING DIVISION ~~~ City of CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to pprovide the following information. Every qyuestion must be answered. If the question is not a~~licable, answer with `NA". See reverse side for Filing Requirements, Certifications and defimhons. a COMPANY NAME: TZoC{C ~r,c~~ n~er~ ~ g r~ T2s~lha ~~o~ti,~ ry , ~.-nc. o P. O. BOX: STREET ADDRESS: °7 CITY: ~ ~ ~~~ ~ ZIP: ~ ~ cl O q fp$l l~opa,~a C~r~ S~-I FIRM IS: 1. Corporation [~ 2. Partnership ^ 3. Sole Owner ^ 4. Association u 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa e 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 to the above named "firm.' Name Job Title and City ~ ~ Department (if known) 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." Nam Title ~~~ 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 N/~ Committee 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." Namg~ Consultant FILING REQUIItEMENTS 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 m general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of++ .Corpus Christ, Texas as changes occur. Certifying Person: ~~~r 5 ~ , ~OC. K Title: ~~ S IY~~asSA pt v~"' a I w~en+ (Type or Print) ~ ~ ~~ /~ Signature of Certifying r /~4;-~Z Date: ~ C7~ 30 / ~~ Person: 1 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. "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.