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HomeMy WebLinkAboutC2011-128 - 4/26/2011 - ApprovedAGREEMENT for Construction Materials Testing and Engineering 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 ENGINEERING & TESTING LABORATORY INC. a Texas corporation or partnership ( "LAB "), acting 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: Up River Road from Rand Morgan Road to IH 37 (inside City limits only) (Project No. 6496) (BOND ISSUE 2008) ( "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" 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 $69,063.00 ( Sixty-Nine Thousand Sixty-Three Dollars and Zero Cents), 4. INDEMNITY AND INSURANCE: "LAB" agrees to the mandatory contract indemnification and insurance requirements as 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 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 F CORPU V / S /i Juan Peraleg Jr., P, E. (Date) Assistant City Manager APPROVED AS TO FORM Pete Anaya, P. , (Date Director of Engineering Services Armando Chapa City Secretary 4 /M� Leg 9l Department (Date) Operating Department (Date) Rock Eng. & Testing ROCK ENGINEERING & TESTING LABORATORY C,` H - 11 - 11 Curtis A. Rock (Date) Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361) 883 -4555 — Office; (361) 883 -4711 - Fax ,L2 I f ' Q Z �. AUTHORIZED OY C0UNfIL... /Jr_ 1P.,.fr,.L SECRETARYY7,b . Project No. 6496 CIP No. ST 35 Fund Source No. 550920- 3546 - 00000 - 170531 Encumbrance No. ENTERED 2011 -128 M2011 -102 04/26/11 or RoadUestingTcnslrudion TestingSConstructon Mat. Testing.dou INMAC r • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS *ASPHALT* CONCRETE City of CC Dept. of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Attn: Mr. Pete Anaya, P. E. — Director of Engineering Services SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED UP RIVER ROAD — RAND MORGAN TO 11137 City Project No.: 6496 Corpus Christi, Texas RETL Proposal Number: P020911B 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 referenced project. The Estimated Construction Materials Testing Budget for this project is $69,063.00. The estimated construction materials testing budget is 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. Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of $24.00 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. Please do not hesitate to contact me at (361) 883 -4555 if you have any questions regarding the proposal or would like to discuss further. Sincerely, zi Don Roper CME Project Manager ROCK ENGINEERING & TESTING LABORATORY, INC. 6817 LEOPARD STREET . CORPUS CHRISTI, TEXAS, 78409 OFFICE: (361) 883 -4555 9 FAX: (361) 883 -4711 • www. rocktesting. coin April 5, 2011 1 Date: April 5, 2011 , Project Name: Up River Road - Rand Morgan to IH 37 (Base Bid & Additive /Alternates No. 1, 2 & 3) Project No.: City of CC Prcj. No. 6496 Contact: City of Corpus Christi - Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Test Quantity Unit Fee Fee BASE BID (SEGMENT NO. 1) UTILITIES Initial Backfill $50.00 Sample Charge Proctor Type: Standard I Additional Test: Atterberg Limits and Gradation 1 Final Backfill Sample Charge Proctor Type: Standard I Stormwater #1 Line Description: 12" RCP Line Length (LF): 46 Density Requirements: 95% std. ±2% opt. Moisture 4 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Stormwater #2 Line Description: 18" RCP Line Length (LF): 2033 Density Requirements: 95% std. ±2% opt. Moisture 41 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Stormwater #3 Line Description: 24" RCP Line Length (LF): 107 Density Requirements: 95% std. ±2% opt. Moisture 4 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Stormwater #4 Line Description: 30" RCP Line Length (LF): 231 Density Requirements: 95% std, f2% opt. Moisture 8 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Stormwater 95 Line Description: 36" RCP Line Length (LF): 66 Density Requirements: 95% std. f2% opt. Moisture 4 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Manhole Adjustments Number of Manholes: 21 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 7 Days, 3@ 28 Days 4 Concrete Strength: 3000 PSI Test Frequency: 1 set every 6 items Safety End Treatments Number of S. E. T.'s: 78 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 Days, 3028 Days 20 Concrete Strength: 3000 PSI Test Frequency: 1 set every 4 items 1 of 6 $50.00 $50.00 $174.00 $174.00 $130.00 $130.00 $50.00 $50.00 $174.00 $174.00 $38.00 $152.00 $38.00 $1,558.00 $38.00 $152.00 $38.00 $304.00 $38.00 $152.00 $152.00 $608.00 $152.00 $3,040.00 Date: April 5, 2011 Project Name: Up River Road - Rand Morgan to IH 37 (Base Bid & Additive /Alternates No. 1, 2 & 3) Project No.: City of CC Proj. No. 6496 Contact: City of Corpus Christi - Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Test Quantity Unit Fee Fee Junction Box Number of JB's: 1 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @7 Days, 3 @28 Days l $152.00 $152.00 Concrete Strength: 3000 PSI Test Frequency, I set PARKING & PAVE Subgrade Description: 12" Compacted Subgrade Sample Charge $50.00 $150.00 Square Yardage: 42,065 Linear Footage: 10,372 Proctor Type: Standard 3 $174.00 $522.00 Density Requirements: 95% std. at or above opt. Moisture 130 $38.00 $4,940.00 Test Frequency: 1 every 325 SY Paving Section Base Description: 8" Cr. Limestone (Type A, Gr. 1) Sample Charge $50.00 $150.00 Square Yardage: 42,065 Linear Footage: 10,372 Proctor Type: Modified 3 $227.00 $681.00 Density Requirements: 98% mod, t1,5% opt. Moisture 130 $38.00 $4,940.00 Test Frequency: 1 every 325 SY Additional Test: Atterberg Limits and Gradation 3 $168.00 $504.00 Additional Test: Wet Ball Abrasion Loss 3 $289,00 $867.00 HMAC #1 Description: 3.0" Type "B" HMAC Sample Charge $50.00 $700.00 Square Yardage: 39,888 Linear Footage: 10,372 Tonnage: 6,582 Full Series Freq.: 1 every 500 Tons 14 $533.00 $7,462,00 Cored in Place Freq.: 1 every 1,000 LF of Street 11 $88,00 $968.00 HMAC #2 Description: 2.0" Type "D" HMAC Sample Charge $50.00 $450.00 Square Yardage: 39,888 Linear Footage: 10,372 Tonnage: 4,388 Full Series Freq.: 1 every 500 Tons 9 $533.00 $4,797.00 Cored in Place Freq.: 1 every 1,000 LF of Street 11 $88.00 $968.00 Concrete Driveways Description: Concrete Driveways Square Footage: 10,064 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @7 Days, 3028 Days 5 $152.00 $760.00 Concrete Strength: 3000 PSI Test Frequency: 1 set every 2,500 SF Curb and Gutter Description: 6" Concrete Curb & Gutter Linear Footage: 31 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 a 7 Days, 3 a 28 Days l $152.00 $152.00 2 of 6 Date: April 5, 2011 Project Name: Up River Road - Rand Morgan to lH 37 (Base Bid & Additive /Alternates No. 1, 2 & 3) Project No.: City of CC Proj. No. 6496 Contact: City of Corpus Christi - Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Test Ouantity Unit Fee Fee Concrete Strength: 3000 PSI $38.00 Test Frequency: 1 every 500 LF $336.00 Concrete Rip -Rap $578.00 Description: 9" Concrete Rip -Rap Square Footage: 13,176 Set Size: Concrete Cylinders (set of 4) 4 Test Schedule: I a 7 Days, 3 @28 Days Concrete Strength: 3000 PSI Test Frequency: 1 set every 4,000 SF ADDITIVEIALTERNATE NO. 1 (SEGMENT NO. 2) UTILITIES Final Backfill Sample Charge Proctor Type: Standard I Stormwater 91 Line Description: 18" RCP Line Length (LF): 96 Density Requirements: 95% std, f2% opt. Moisture 4 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Stormwater 42 Line Description: 24" RCP Line Length (LF): 132 Density Requirements: 95% std. ±2% opt. Moisture 4 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Safety End Treatments Number of S. E. T.'s: 8 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @7 Days, 3 a 28 Days 2 Concrete Strength: 3000 PSI Test Frequency: 1 set every 4 items PARKING & PAVE Subgrade Description: 12" Compacted Subgrade Sample Charge Square Yardage: 14,460 Linear Footage: 3,623 Proctor Type: Standard 2 Density Requirements: 95% std. at or above opt. Moisture 45 Test Frequency: 1 every 325 SY Paving Section Base Description: 8" Cr. Limestone (Type A, Gr. 1) Sample Charge Square Yardage: 14,460 Linear Footage: 3,623 Proctor Type: Modified 2 Density Requirements: 98% mod. ±1.5% opt. Moisture 45 Test Frequency: 1 every 325 SY Additional Test: Atterberg Limits and Gradation 2 Additional Test: Wet Ball Abrasion Loss 2 3of6 $152.00 $608.00 $50.00 $50.00 $ 174.00 $174.00 $38.00 $152.00 $38.00 $152.00 $152.00 $304.00 $50.00 $100.00 $174.00 $348.00 $38.00 $1,710.00 $50.00 $100.00 $227.00 $454.00 $38.00 $1,710.00 $168.00 $336.00 $289.00 $578.00 Date: April 5, 2011 Pr6ject Name: Up River Road - Rand Morgan to IH 37 (Base Bid & Add itivelAlternates No. 1, 2 & 3) Project No.: City of CC Proj. No. 6496 Contact: City of Corpus Christi - Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Test OuantitX Unit Fee HMAC - 91 Description: 3.0" Type "B" HMAC Sample Charge $50.00 Square Yardage: 13,693 Linear Footage: 3,623 Tonnage: 2,260 Full Series Freq.: 1 every 500 Tons 5 Cored in Place Freq.: I every 1,000 LF of Street 4 HMAC 42 Description: 2.0" Type "D" HMAC Sample Charge Square Yardage: 13,693 Linear Footage: 3,623 Tonnage: 1,507 Full Series Freq.: 1 every 500 Tons 4 Cored in Place Freq.: I every 1,000 LF of Street 4 Concrete Rip -Rap Description: 9" Concrete Rip -Rap Square Footage: 9,774 Set Size: Concrete Cylinders (set of 4) 3 Test Schedule: I @7 Days, 3 @2 8 Days Concrete Strength: 3000 PSI Test Frequency: I set every 4,000 SF ADDITIVE /ALTERNATE NO.2 (SEGMENT NO. 3) UTILITIES Final Backfill Sample Charge Proctor Type: Standard 1 Stormwater 91 Line Description: 18" RCP Line Length (LF): 66 Density Requirements: 95% std. f2% opt. Moisture 4 Test Frequency: 1 every 200 LF per lilt Number of Lifts: 4 Stormwater #2 Line Description: 24" RCP Line Length (LF): 78 Density Requirements: 95% std. +2% opt. Moisture 4 Test Frequency: 1 every 200 LF per lift ]Number of Lifts: 4 Safety End Treatments Number of S. E. T.'s: 4 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1@7 7 Days, 3 @28 Days 1 Concrete Strength: 3000 PSI Test Frequency: 1 set every 4 items PARKING & PAVE Subgrade Description: 12" Compacted Subgrade Sample Charge Square Yardage: 2,549 Linear Footage: 549 Proctor Type: Standard I Density Requirements: 95% std. at or above opt. Moisture 8 4of6 $533.00 $88.00 Fee $250.00 $2,665.00 $352.00 $50.00 $200.00 $533.00 $2,13100 $88.00 $352.00 $152.00 $456.00 $50.00 $50.00 $174.00 $174.00 $38.00 $152.00 $38.00 $152.00 $152.00 $152.00 $50.00 $50.00 $174.00 $174.00 $38.00 $304.00 Date: April 5, 2011 Project Name: Op River Road - Rand Morgan to 1H 37 (Base Bid & Additive /Alternates No. 1, 2 & 3) Project No.: City of CC Pro_j. No. 6496 Contact: City of Corpus Christi - Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Test Quantity Unit Fee Fee Test Frequency: 1 every 325 SY $38.00 Paving Section $168.00 $168.00 Base $289.00 Description: 8" Cr. Limestone (Type A, Gr. 1) Sample Charge Square Yardage: 2,549 Linear Footage: 549 Proctor Type: Modified I Density Requirements: 98% mod. f1.5% opt. Moisture 8 Test Frequency: 1 every 325 SY Additional Test: Atterberg Limits and Gradation l Additional Test: Wet Ball Abrasion Loss 1 HMAC #1 Description: 3.0" Type 'B" HMAC Sample Charge Square Yardage: 2,423 Linear Footage: 549 Tonnage: 400 Full Series Freq.: 1 every 500 Tons 1 Cored in Place Freq.: 1 every 1,000 LF of Street ] HMAC #2 Description: 2.0" Type "D" HMAC Sample Charge Square Yardage: 2,423 Linear Footage: 549 Tonnage: 267 Full Series Freq.: 1 every 500 Tons 1 Cored in Place Freq.: 1 every 1,000 LF of Street 1 ADDITIVEIALTERNATE NO.3 (SEGMENT NO. 4) UTILITIES Final Back6ll Sample Charge Proctor Type: Standard 1 Stormwater #I Line Description: 15" RCP Line Length (LF): 48 Density Requirements: 95% std. ±2% opt. Moisture 4 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Stormwater #2 Line Description: 18" RCP Line Length (LF): 1128 Density Requirements: 95% std. ±2% opt. Moisture 23 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Stormwater 43 Line Description: 24" RCP Line Length (LF): 98 Density Requirements: 95% std. ±2% opt. Moisture 4 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 $50.00 $50.00 $227.00 $227.00 $38.00 $304.00 $168.00 $168.00 $289.00 $289.00 $50.00 $50.00 $533.00 $533,00 $88.00 $88.00 $50.00 $50.00 $533.00 $533.00 $88.00 $88.00 $50.00 $50.00 $174.00 $174.00 $38.00 $152.00 $38.00 $874.00 $38.00 $152.00 5 of 6 Date: April 5, 2011 Project Name: Up River Road - Rand Morgan to IH 37 (Base Bid & Additive /Alternates No. 1, 2 & 3) Project No.: City of CC Proj. No. 6496 Contact: City of Corpus Christi - Dept. Of Engineering Services Contact Information: Mr. Pete Anaya, P. E. Test Quantity Unit Fee Fee PARKING & PAVE Subgrade Description: 12" Compacted Subgrade Sample Charge $50.00 $100.00 Square Yardage: 6,467 Linear Footage: 3,586 Proctor Type: Standard 2 $174.00 $348.00 Density Requirements: 95% std. at or above opt, Moisture 20 $38.00 $760.00 Test Frequency: 1 every 325 SY Paving Section Base Description: 12" Cr. Limestone (Type A, Gr. 1) Sample Charge $50.00 $100.00 Square Yardage: 6,467 Linear Footage: 3,586 Proctor Type: Modified 2 $227.00 $454.00 Density Requirements: 98% mod. ±1.5% opt. Moisture 20 $38.00 $760.00 Test Frequency: 1 every 325 SY Additional Test: Atterberg Limits and Gradation 2 $168.00 $336.00 Additional Test: Wet Ball Abrasion Loss 2 $289.00 $578.00 HMAC #1 Description: 3.0" Type "B" HMAC Sample Charge $50.00 $100.00 Square Yardage: 5,693 Linear Footage: 3,586 Tonnage: 940 Full Series Freq.: 1 every 500 Tons 2 $533.00 $1,066,00 Cored in Place Freq.: I every 1,000 LF of Street 4 $88.00 $352.00 HMAC #2 Description: 2,0" Type "D" HMAC Sample Charge $50.00 $200.00 Square Yardage: 13,663 Linear Footage: 3,586 Tonnage: 1,503 Full Series Freq.: 1 every 500 Tons 4 $533.00 $2,132.00 Cored in Place Freq.: 1 every 1,000 LF of Street 4 $88.00 $352.00 CYLINDER PICK -UP FEES Number of Trips: 41 $39.00 $1,599.00 TRANSPORTATION FEES Location: Corpus Christi, Texas 256 $23.00 $5,888.00 ADMINISTRATION FEES (One -Time Charge) 1 $58.00 $58.00 ESTIMATED TOTAL $69,063.00. *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. 6of6 EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (Revised July 2009) CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personal Injury 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 LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to 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. EXHIBIT "B" Insurance Requirements Pa e 1 of 2 Il. 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 them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self- insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self - insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self - insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self - insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self- insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to; City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self- insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. F-TSFAF --M A - - WIN - 1 1 III. On the certificate of insurance: • The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. • Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left ". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. • The name of the project also needs to be listed under "description of operations ". • At least 10 -day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal, EXHIBIT "B" Insurance Requirements Page 2 of 2 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 supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, or other standards designated in writing by the "CITY ENGINEER ". 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER ", or 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 ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB ", 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. EXHIBIT "C" Page 1 of 3 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. 12 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY ". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE 6. 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 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. 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. EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER TO BE ASSIGNED BY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for filing requirements, certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. sox: STREET ADDRESS: 6817 Leopard St. CITY: Corpus Christi ZIP: 2. Partnership ❑ 3. Sole Owner E] 5. Other 7RAfiQ FIRM IS: 1. Corporation XX 4. Association El 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) 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 named "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% or more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT "D" Page 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 apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christy, Texas as changes occur. Certifying Person: Curtis A. Rock (Type or Print) Title: Business Development Manager Signature of Certifying Date: Person: _ Lk— 1 �— O 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. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest," Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. E