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HomeMy WebLinkAboutC2010-371 - 9/21/2010 - ApprovedAGREEMENT for Geotechnical Engineering Testing Services This AGREEMENT is between the City of Carpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager ar designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership {"LAS"}, ac#ing through its duly authorized representative who is Curtis A. Rock. Business Development Manager. which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: O.N. Stevens Water Treatment Plant Raw Water Influent improvements [Project Nv,;, 86431 {"PROJECT'). 2. SCOPE OF WORK: "LAB" shall provide services tp 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 "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 5133.945A0 One Hundred Thirty-Three Thousand Nine Hundred Forty-Five„Dollars and Zero Centel. 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Carpus 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. To the best of the City's knowledge, based upon currently available information, the only hazardous ar 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 RISTI V ~ ~ ~ ~~ Juan Perales r., P.E. {Date) Assistant City Manager APPROVED AS TO FORM ~~ Pete Anaya, P.E. (Date} Director of Engineering Services ~ ~ ~~ b` Legal Departure Date}~ ROCK ENGINEERING ~ TESTING LABORATORY u~ ~ ~ ~~~°°~ 1 ~~ Curtis A. Rock (Date) 6817 Leopard Street Corpus Christi, TX 78409 {361) 883-4555 -Office; {361) $83-4711 -Fax ~ ©I C~~ AIfTIlC1~I1~ ~~ C11tfMiCIL.,.~} ,+i~ src~t~raar~ ~ ~ . 9 ~ a ~NTEREp O eratin De artment ate ~i~~ 9 p ,~~~ ~'~ ~~~~ CIP No. WAWS Ill 4~~T-_ST. aa~r~aNnoci~~A ,:.~~ CONTRACT i1~A~At~i"~~~ CJ.w:wwF Alw pL+A .I 2010-3 71 ?• 477-00000-180415 M2010-12231 9'21' 1 Uater Treatment Pianflfl64& O.N. Stevens Raw Waier InFluent Improvements4l.arge Geolech TeatinglLa~e Geatech agieamantdoc Rock Engineering & Testing ~~~~~~ • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING $c TESTING • SOILS • ASPHALT • CONCRETE City of Corpus Christi Department of Engineering Services Post Office Box 9277 Corpus Christi, Texas 78469-9277 Attention: Mr. Pete Anaya, P.E. Director of Engineering Services SUBJECT:. PROPOSAL TO PERFORM A SUBSURFACE INVESTIGATION AND LABORATORY TESTING PROGRAM AND PROVIDE GEOTECHNICAL AND PAVEMENT RECOMMENDATIONS FOR THE PROPOSED O.N. STEVENS WTP RAW WATER INFLUENT IMPROVEMENTS PROJECT O.N. Stevens Water Treatment Punt E'r~~e ~-~ Via, $~~~ 13101 Leopard Street Carpels (;'ICI°isti, Texas RIs'I'L l'~;c~fsal Number: 1'~72.11UA~R;,~visian No. 1) bear Mr. Anaya, Roc1c Engineering and Testing Laboraroiy, Inc. (BETE) is pleased to submit the following proposal to perforn~ a subsurface investigation and laboratory testing program and provide geotechnical and pave~~zent ` recommendations for the proposed O.N. Stevens WTP Raw Water Influent Improvements Projeet to be 'constructed at the O.N. Stevens Water Treatment Plal~t located at 13101 Leopard Strut in Corpus Christi, Texas. Based oal information provided to RF,TL, the project 4vill inclilde the construction of several conc~~c:~f4 structures and pipelines to convey raw water front Lalce Texana and the Nueces River to the pril,I:~:~; seclimet~tation b<<sins. The proposed structure, length, width and depth of proposed structu~~: ;.:~r~ci the ciepti~ above the grou~ld sru•face are proposed in the following table: ROCK ENGINEERING & TESTING LABORATORY, ~hIC'. EXHIBIT "A" www.rocktesting.corr~ Pa e 1 of 9 6$17 Lt=OPARD STREET • ~iORPUS CiFERISTi, TEXAS, 7$4ag-'~ 7Q3 ~ $$47 RE~LAN~ ROAD ~i`•2OZ • SAN f1NTONlO, TEXAS, 7$ZrJ9 OFFICS=: {361) 8$3-4555 • FAx: {361) 883-4711 OFFice: (210} 495-8000 • FAx: (210) 495-$a'15 august 19, 2010 Page 2 of 9 O.N. STEVENS WTP RAW WATER INFLUENT IMPROVEMENTS PROJ. August 19, 2010 O.N. Stevens Water Treatment Plant; 13 ] OI Leopard St~•eet Attn: Mr. Pete Anaya, P.E. RETL Proposal No.: P0721 ] OA (Revision No. 1) Length of Width of Depth of Height Above Proposed Structure Structure (ft.) Structure Structure Ground (ft.) (ft.) (ft.) Intake Structure Inside Pre- Sedimentation Basin 23 23 38.5 25 Raw Water Influent Metering Station Structure 35 20.5 21 4 Raw Water .function & Sputter Structure 58 40 34 17.5 Raw Water Control Metering Station Structure 42 19 21 1.5 Rapid Mix & Valve Vault Structures 19 14.5 17.5 3.5 Inlet Structure Inside Influent Channel of Pre-Sedimentation Basin 20 16 33 10 It should be noted that the Intake Structure Inside the Pre-Sedimentation Basin is submerged and 25-feet above the basin bottom with the remainder of the structure below the bottom of the Pre-Sedimentation Basin. The h11et Structure Inside the Influent Channel of tl~e Pre-Sedimentation Basin is submerged and 10-feet above the channel bottom with the remainder of the structure below the bottom of the Influent Channel. In addition, 570-feet of 96-inch pipe, .870-feet of 72-inch pipe and 2,400-feet of 54-inch pipe will be installed. The proposed boring location, boring identification, number and depth of borings are provided in the in the table below: Proposed Boring Location Baring No. of Borings Boring Depth Linenr Feet I<denti~cation Per Structure {ft) (LI') Intake Structure Inside Pre-Sedin~entati°n Basin B-3 1 35 35 Raw Water Influent Metering Station Structure B_4 1 35 35 Raw Water Junction & Sputter Steucture B-5 t 30 30 Raw Water Control Metering Station B-6 l 35 35 Structure Rapid Mix & Valve Vault Structures B-7 -13-] 0 4 35 l40 Berm Located West Of Tl~e Influent Ck~annel Of The Pee-Sedimentation Basin B- l 1 1 55 55 96-Inch Pipe B-13 & B-14 2 30 60 72 & 54-lnch Pipe B-1 & B-2 2 20 40 5~1-Inch Pie B-12 1 20 20 Sum of Linear Faot~ge 450 ROCK .ENGINEERING & TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRISTI, TCXAS 78409 EXHIBIT "A" OFFICE: (361) 883-4555 • FAX: (361) 883-471 1 • www.rocktesting.con~ Pa e 2 of 9 Page 3 of 9 O.N. STEVENS WTP RAW WATI~R INFLUENT IMPROVEMENTS PROD. A~igust l9, 2010 O.N. Stevens Water Treatment Plant, [ 3 l0 I Leopard Street Attn: Mr. Pete Anaya, P.E. RETL Proposal No.: P0721 I OA (Revision No. 1) The boring performed within the Intake Structure Inside the Pre-Sedimentation Basin will be performed 35-feet below the bottom of the basin. A Series H-50 Flexifloat Drill Barge Assembly, used to transport the geotechnical drilling rig, will be utilized to access boring location B-3. The barge assembly will be held in position utilizing two spuds controlled with a double drum winch. A 1S-foot wide ramp will allow RETL's geoteclu~ical drilling rig to back onto the barge assembly. A moon pool will be provided to allow drilling from the barge. A small water craft will be utilized to assemble and maneuver the barge assembly. The water level inside the Pre- Sedimentation Basin should be elevated as much as possible. Baring location B-11 will be performed within the center of the access road on the adjacent berm located west of the influent channel. The boring will be sealed with 4-inch PVC casing in a competent clay stratum anticipated to be enco~.u~tered near a depth of 3b-feet. In addition, acement-bentonite clay grout mixture will be placed into the borehole and will citre for 24-hours prior to completing the drilling operations at that location. In addition, a 75 ton rough terrain crane will be utilized for offloading and loading the barge assembly and crane mats. The proposed scope of work for this project was developed by Freese & Nichols, Inc. The scope of work for this project is outlined below. Sco a of the Pro osed Subsurface Investi anon: • The boring locations will be staked in the field by RETL prior to the field investigation utilizing a site plan showing the proposed structures in reference to existing predominate site features to aid in locating the borings in the field. GPS coordinates, obtained at each boring location, will be provided to Freese & Nichols, Inc. prior to commencement of the drilling operations. • RETL requests that a site plan, baring locations, grouted surface elevations, water depths and GPS coordinates at boring locations B-3 and B-11, are provided to RETL by Freese & Nichols, Inc. prior to the field investigation. • RETL will coordinate all field work and utility clearance with representatives of the O.N. Stevens Water Treatment Plant and shall perform due diligence to assru•e that the boring locations are clear of utilities and other obstructions, such as fences, shrubs and trees. Borings will be relocated if necessary. • Flexiflaats will be utilized as a drilling platform and to transport the drilling rig to access baring location B-3 located within the Pre-Sedimentation Basin. • Boring location B-11 will be sealed with 4-inch PVC casing in a competent clay stratum anticipated to be encotu~tered near a depth of 36-feet. Acement-bentonite clay grout mixture will be placed into the borehole at~d will cure for 24-hours prior to completing the drilling operations at that location. • Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling. ROCK ENGINEERING ~ TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRIST[, TEXAS 7$409 EXHIBIT "A" OFFICE: (36t} 883-4555 • FAX: (361) 883-47] I • www.eocktesting.com Pa e 3 of 9 Page 4 of 9 O.N. STEVENS WTP RAW WATER INI+LUENT IMPROVEMENTS PROD. August 19, 2010 O.N. Stevens Water Treatment Plant; L31Q1 Leopard Street Attn: Mr. Pete Anaya, P,E. RETL Proposal No.: P072] l0A (Revision No. l) Disturbed soil samples will be obtained employing split-barrel sampling procedures in general accordance with the procedures for "Penet~°ation Test and Split-Barrel Sampling of Sails, {ASTM D 1586)." • Undisturbed samples will be obtained using thin-wall tube sampling procedures ul accordance with "Thin Walled Tube Sampling of Soils, (ASTM 1587)." The borings will be advanced to the depths specified above. • Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations, if applicable. • After obtaining the delayed groundwater readings, the open boreholes located at boring locations B-1 and B-2, B-4 through B-10 and B-12 through B-14 will be baclcfilled with excess soils obtained during the drilling operations. The open boreholes located at boring locations B-3 and B-11 will be baclcfilled with acement-bentonite clay grout and capped with concrete upon completion of the drilling operations. Scone of Laboratory Testing Program T11e following laboratory testing program will be completed by RETL: • Supplementary visual classification (ASTM D 2487) • Water content tests (ASTM D 2216) • Atterberg limits tests (ASTM D 4318) • Unconfined compressive. strength tests (ASTM D 2I 66) • Percent material finer than the #200 sieve (ASTM D 1140) • 1-D Swell Potential (ASTM D 4546) (Method B) The following laboratory testing program will be performed on soil samples obtained by RETL and delivered to Xenco Laboratories, Inc.: • Potential of sulfate attack on concrete or lime stabilized soil (Standard Method E300) • pH {Standard Method 9045C) • Water soluble chlorides (Standard Method E300) • Water soluble sulfates (Standard Method SW-846 9038) • Bicarbonates (Standard Method E310.1) • Soil Resistivity (NACE) All phases of the laboratory testing program will be performed in general accordance with the applicable ,Specifications. All field and laboratory test results will be included on the boring logs, provided in the report or provided as attachments to the report. In addition to the field and laboratory test results, a report will be provided with geotechnical recommendations and multiple flexible pavement sections and a single rigid pavement section suitable for the proposed project utilizing the following information provided to RETL by the owner: ROCK ENGINEERING & TESTING LA 60RATORY, INC. G817 LEOPARD STREET • CORPUS CHRIST], TEXAS 78409 EXHIBIT "A" OFFICE: {36]) 883-4555 • PAX: {36l) 883-471 1 • www,roclctesting.com Pa e 4 of 9 Page 5 of 9 D.N. STEVEN'S WTP RAW WATER INFLUENT IMPROVEMENTS PROD. August 19, 2010 O.N. Stevens Water Treatment Plant; 13101 Leopard Street Attn: Mr. Pete Anaya, P.E. RETL Proposal No.: P072110A (Revision No. 1) • Traffic Counts, • Projected Percent Growth of Traffic Over Life of Pavement, • Design Vehicles, and • Percent Trucks. Geatechnicat En~ineerin~ Report Upon completion of the drilling and laboratory testing, RETL will prepare a Geotechnical Engineering Report which will include the following: • The scope of the exploration and analysis will include the subsurface exploration, field and laboratory testing, engineering analysis and evaluation of the subsurface soils and foundation and pavement recommendations. • Description of the project site conditions and field observations and measurements, including penetration tests, water level observations and grotuld surface elevations. • A summary of the laboratory testing program will be provided to determine additional pertinent engineering characteristics of tl~e subsurface naateeials necessary in analyzing the behavior of the proposed foundation systems foe the proposed project. • An assessment of the soil for the potential of sulfate attack on concrete or lime stabilized soil will be provided. The tests shall conform to Standard Method E300 with a 10:1 dilution ratio. • A summary of results will be provided, including subsurface conditions, site geologic conditions and seismic site class, utilizing the 2006 International Building Code. • Soil conditions encountered and soil properties, including soil classification, strength and plasticity. • A foundation discussion will be provided and will include a project description, PVR discussion; tu~dercut and replacement operations and foundation selection criteria. • The potential vertical rise (PVR) will be calculated using the Texas Department of Transportation Method TEX-124E and will take into account the depth of the active zone and the Atterberg limits test results of the soils encountered within the active zone. • A discussion of the various foundation types considered to support the proposed structures, including recommended foundation types, shallow and deep foundation recommendations, foundation design values and construction considerations. • Effective plasticity index, climatic rating and other pertinent design criteria as required for the design of shallow foundations and allowable bearing pressures and skin friction values for deep foundation systems will be summarized. • Recommendations for shoring and sheet piling for the construction of the proposed lntalce StructLU-e, proposed Influent Structtiu•e, proposed Raw Water Junction and Splitter Structure; proposed Raw Water hlfluent Metering Station Structure, proposed Raw Water Control Metering Station Structure and the Rapid Mix and Valve Vault Structures. • Recommendations for surcharge Ioading to account for the weight of adjacent structures and construction activities, including an appropriate value for the coefficient of at-rest earth pressuu•e. • Allowable foundation pressure, lateral bearing capacities, and lateral sliding design information in the form of coefficient of friction or lateral sliding resistance. ROCK ENGiNEERiNG ~ TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRIST[, TEXAS 78409 EXHIBIT "A" OFFICE: (36l) 883-4555 • FAX: (36]) 883-471 1 • www.rocEctesting.com Pa e 5 of 9 Page 6 of 9 O.N. STEVENS WTP RAW WATER INFLUENT IMI'ROVEMEISTS PROJ. August 19, 2010 O.N. Stevens Water Treatment Plant; 13101 Leopard Steeet Attn: Mr. Pete Anaya, P.E. RETL Aroposal No.: P0721 l0A {Revision No. l) • Allowable bearing presstues, skin friction values, estimated settlement analysis, swell potential, soil treatment to reduce or eliminate swelling, excavation and backfill requirements will be provided in the final report. • Topics, including construction considerations/site improvement methods, including drilled, cast-in- place pier construction considerations, concrete flatworl< construction considerations, earthwork and foundation acceptance, vapor retarder, utilities and expansion joint recommendations, will be addressed. • A summary of site preparation recommendations, including subgrade preparation prior to fill placement, select fill material properties and compaction requirements, including minimum in-place dry density, optimum moisture content, maximum compacted or loose lift thickness and type of frequency of test procedure to determine compliance, will be provided. • Pipe embedment, bedding and backfill material requirements will be provided. • Passive and active equivalent fluid pressures and unit weights for imported fill material far backfill consisting of onsite soils will be provided. Backfill properties/requirements will be defined in the final report. • Recommendations for shoring and bracing for the installation of the proposed 54-inch, 72-inch and 96-inch pipes by the open cut method. • Recommendations far sheet piling to protect the toe of slope of the existing levee during the installation of the 72-inch and 96-inch pipes. • Recommendations for installing the 96-inch pipe by the tunneling method under or through the existing levee at two, proposed 96-inch pipe penetrations. • Site drainage, dewatering, trench safety requirements and excavation methods/recommendations. • Installation procedures, constructability methods/issues and nletl~od and frequency of testing and inspection as related to the individual recommendations will be summarized. • Road design criteria, including pavement design criteria for both flexible and rigid pavement sections, will be provided utilizing traffic counts, projected percent growth of traffic over life of pavement, design vehicles and percent trucks. • The types of foundation bearing materials encountered in the test borings will be visually classified and described in detail on the boring logs. Boring designation, GPS coordinates, drilling method utilized, ground surface elevations, sample depths/intervals, groundwater observations, results of the standard penetration tests, pocket penetrometer test values, strength tests, Atterberg limits and other laboratory tests will be presented on the boring logs in numerical form. • A Boring Location Plan, which is a reproduction of a dt•ar~ving, will be provided in the Appendix of the final report. Freese & Nichols, Inc. will provide the base file and RETL will add the boring locations to the document. The Geotechnical Engineering report shall be submitted to Freese & Nichols, hlc. After all comments are adjudicated, a final report shall be signed by a Professional Engineer licensed in Texas and three bard copies of the report and one electronic copy (PDF) shall be provided. All geotechnical services will be completed within 30 to 45 days of RETL's receipt of an executed contract with the City of Corpus Christi. Fees and Limitations The fees to perform the scope of work outlined above are provided below: ROCK ENCINEERIIVC & TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRIST[, TEXAS 78409 EXHIBIT "A" OFFICE: (361) 883-4555 • FAX: {361) 883-471 1 • www.rochtesting.com pa e 6 of 9 Page 7 of 9 August 19, 2010 Attn: Mr. Pete Anaya, P.E. O.N. STEVENS WTP RAW WATER INFLUENT IMPROVEMENTS PROD. O.N. Stevens Water Treatment Plant; 13101 Leopard Street RETL Proposal No.: P0721 ] OA (Revision No. 1) GEOTECHNICAL SERVICES ITEM QUANTITY PRICE PER TEST TOTAL Field Investi ation RETL'S Mobilization Fee 1 $250.00 $250.00 RETL's Labor Fee 2 $3,200.00 $G,40D.00 Drilling/Sam ling (Price er LF) 395 $ lS.OD $5,925.00 Drilling/Sampling For .Boring Location B- l l (Price per LF) 55 $20.00 $ i , l OOAO 4" PVC Casing For Boring Location B-1 1 36 $70.00 $2,520.00 Grout Bac]<fill For Casing- Bari~3 Location B-l l 55 $8.00 $440,00 Orion Construction, LP's Mobi]izationlDemobilizatian Fee [ $44,600.00 $44,600.00 Orion Construction, LP's E ui ment Fee 6 $4,620.00 $27,720.00 Orion Construction, LP's Daily Labor Fee G $3,250.00 $19,500.00 Grout Baclcfill 90 $8.00 $720.00 Concrete Caps 2 $25.00 $50.00 ProfessionaE Engineer Site Visit I $[80.00 $180.00 Project Manager Site Visits (2 P.M. & ~ 5ite Visits Each} 6 $75.D0 $450A0 Staking Boring Locations & Ut's[it Clearance 3 $75.00 $225.00 Standby Time ]0 $200.00 $2,000.00 SUB-TOTAL FOR FIEL D INVESTIGATION $112,080.00 RETL's Laborator Testin Pro ram Water Content Tests 114 $ [ 0.00 $ ] ,140.00 Atterberg Limits Tests 4D $55.D0 $2,200.00 Unconfined Compressive Strength Tests 25 $50.00 $1,250.00 Percent Material Finer Than The #200 Sieve 50 $45.00 $2,250.00 1-D Swell Potential 7 $200.00 $1,400.00 Xenco Laboratories, Inc.'s Laborator Testin Pro ram Sulfate Attack On Concrete 14 $30.00 $420.00 H 14 $15.00 $210.00 Water Soluble Chlorides 14 $30.00 $420.00 Water Salub[e Sulfates 14 $30,00 $420.00 Biocarbonates 14 $30.00 $420.00 Soil Resistivit 14 $GOAO $840.00 Handling/PreparationlDe[ivery 1 $750.00 $750.00 SUB-TOTAL FOR LABO RATORY TESTING $11,720.00 En iuee~°in Review & Re ort Pre oration Project Engineer Review 30 $] 8D.D0 $5,404A0 Project E.[.T. Review 33 $90.00 $2,970.00 L Pile Design ] $500.00 $500.00 Baring Logs (LF) 450 $1.50 $675.00 Report Preparation [ $6DD.OD $600.00 SOB-TOTAL FOR ENGINEERING REVIEW & REPORT PREPARATION $10,145.00 TOTAL ESTIMATED FEES FOR PROJECT $133,945.00 ROCK ENGINEERING & TESTING LABORATORY, INC. 68I7 LEOPARD STREET • CORPUS CHRESTI, TEXAS 78409 OFFICE: {361) 883-4555 • FAX: (36]} 883-4711 • www.roc!<testing,com EXHIBIT "A" Pa ~7of9 Page 8 of 9 O.N. STEVENS WTP RAW WATER INFLUENT IMPROVEMENTS PROJ. August 19, 2010 O.N. Stevens Watef- Treatment Plant; l3 101 Leopard Street Attn: Mr. Pete Anaya, P.E. RETL Proposal No,: P0721 I OA (Revision No. 1) If an adjustment to the linear feet of drilling is required due to the subsurface conditions encountered, the revised scope of work will be performed at a rate of $30.00 per linear foot. Services provided by RETL under this Agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. All damages at the O.N. Stevens Water Treatment Plant that arise from the performance of services by RETL in this fee and scope proposal and that occur as the result of some error or omission on the part of RETL that is an act of negligence shall be the responsibility of RETL and its sub consultants and any damage to property of the City of Corpus Christi occurring under these conditions shall be repaired by RETL and reinstated to the condition the property was in before the testing commenced and the repairs shall be at the expense of RETL. The Client shall provide for RETL's right to enter the property owned by the Client andlor others and the Client shall make all reasonable efforts to assure that the boring locations are clear of underground utilities and accessible to drilling equipment in order for RETL to fulfill the Scope of Services included hereunder. Since neither party can assure the other that there will in fact be no obstructions until the borings are commenced, if it is necessary because of underground abstruction.s to boring, be they utilities or otherwise, that RETL is required to cease boring in one location or more and restart elsewhere because of obstructions, RETL shall have the right to an "extra" as an addition to the scope of the services and to the contract price for the work set out here. Either the Cliealt or RETL may terminate this Agreement at any time with or without cause upon giving the other party 10-calendar days prior written notice. Tl-~e Client shall within l0 calendar days of termination pay RETL for all services rendered and all costs incurred up to tine date of termination, in accordance with the compensation provisions of this contract. ROCK ENCINEGRIiVG &c TESTING LAI30RATORY, INC. 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS 78409 1=XHIBIT "A" OF'F[CE: {361) 883-4555 • FAX: (361) 883-471 I • www.rocktesting.com Pa e 8 of 9 Aage 9 of9 O.N. STEVENS WTP RAW WATER IN)RLUENT IMPROVEMENTS PROJ. August [ 9, 2010 O.N. Stevens Water Treatment Plant; 13101 Leopard Street Attn: Mr. Pete Anaya, P,$. RETL Proposal No.: P0721 IOA (Revision No, 1) Cl_ osin~ If you are in agreement with our proposed scope of work, please authorize us to proceed by signing in the space below and returning one copy to us. Thank you for yo~u• consideration of our firm to assist you with this project. If you have any questions, or comments, please call at (361) 883-4555. Sincerely, Christopher A. Roclc, P.E. Branch Manager ACCEPTIrD AND APPROVED By Date For payment of services, invoice to: Firm: Address: Title: City: State: Zip Code: Phone: Fax: E-mail address: ROCK .ENGINEERING & TESTING LABORATORY, INC. 6$17 LEOPARD STREET • CORPUS CEIRISTI, TEXAS 78409 BXNlBlT "A" OFFICE: (361) 883-4555 • FAX: (3G1) 883-4711 • www.rocktesting.com pa ~ g of 9 EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (Revised July 2009} CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until helshe 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 anti! all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the Ci#y named as an additional insured, showing the following minimum coverage in an insurance company acceptabie to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on ail Bodily Injury and Property Damage certlfica#es 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. Personak Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITYI $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited #o sudden & accidental discharge; to include [ ] REQUIRED long-tern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental insurance Requirements [ ]REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED 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 interest parties. EXIiIBIT "B" Insurance Requirements Pa e 1 of 2 ll. INDEMNIFICATION AND 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 #hem 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 dea#h at any time resul#ing 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 #his 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 #hrough 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 Consul#ant 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 1'ngineering Services, P. O. Box 9277, Corpus Christi, Texas 7$469 -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. ~~ 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 submi#ted. • The name of the project also needs to be listed under "description of operations". • At least 1t)-day written notice of change or cancellation wilt be required. IV. A completed Disclosure of Interest must be submitted with your proposal. EXFiIBI'I" "B" Insurance Requirements Pa eaof2 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. 5ERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requiremen#s of the appropriate standards of the American Socie#y for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports {printed and electronic copies) of tests, inspec#ians and services performed indicating, where applicable, compliance with the PROJECT specificatipns or other contract documents. Such reports must be complete and factual, citing the tests performed, me#hods 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 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". i .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 #o 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 RESPONSIBILITII=S: City Engineer or authorized representativ® 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 aII 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, in#erpret 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. EXHIBIT "C" Pa e1of3 2.5 Direc# THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to pertorm 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 pertormance of services covered hereunder, doss not in any way assume, abridge ar abrogate any of those duties, responsibilities ar 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 wank. "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 cons#ruction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his respansibili#ies for pertorming the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspec#ion" is used to mean periodic abserva#ion of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, ar radioactive samples and samples can#ainers 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 tha# 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 far 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 safe#y of all persons and property during the performance of the work, and for EXHIBIT "C" Pa e2of3 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. irXTENT 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 sego#iation, represen#ations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LA8". If any conflict occurs between these terms and conditions and this AGREEMENT, #hese terms and conditions are controiling. 8.2 In the even# that any one or mare 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 fu#ure default. 8.3 Neither party will assign this AGREEMENT without the express wri#ten approval of the other, but "LAB" may subcontract iaboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. EXHIBIT "C" Pa e3of3 SUPPLIERNUIVIBER TO BE ASSIGNED BY CITE PURCHASING DIVISION w.;~ Ciry of CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST Chrlst~ 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 a~ icable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME; Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: G817 Leopard CITY: Corpus Christi ZIP: 78409 FIIZM IS: 1. Corporation ® 2. Partnership e 3. Sole Owner ^ 4. Association 5. Other DISCLOSURE QUESTIONS If additi°nal space is necessary, please use the reverse side of this pa a or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Csti having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Jab Title and City Department (if known) NIA 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 NIA 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 Warned "firm." Name Board, Commission or Committee NIA 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% ox more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT "D" Pa e 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is a parent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certi that all information provided is true and correct as of the date of this statement, that 1 have not owingly 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: Curtis A. Rack (Type or Prlnt) Signature of Certifying Date: Person: ~ i_ R~ ,. Title: Business Development Manager 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 Carpus 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 ar deal with a product or service, including but not limited to, entities operated in the form of sale proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Off cial." 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 consttuctively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Pa e 2 of 2