HomeMy WebLinkAboutC2012-010 - 1/24/2012 - 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 Develo rnent
Manager, which agree as follows:
1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with
City's project, described as follows: Airline Road from Saratoga Boulevard to Rodd . Field Road
(Project No. 6470) ( "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 65 492.00
( Sixty-Five Thousand Four Hundred Ninety-Two Dollars and Zero Cents).
4. INDEMNIFICATION AND HOLD HARMLESS: "LAB" agrees to indemnify, save harmless
and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in
Exhibit °B"
5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT
THE PROJECT SITE. 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 OF CORPUS CHRISTI
Oscar R. Martinez ( te)
Assistant City Manager
Public Works, Utilities & Transportation
APPROVED S TO FORM
{� ' ete Anaya, P. E. (Date)
1` Director f Engi Bring Services
5- v
; legal Department T (Date)
up u1y Deparu ,ient ( at
ROCK ENGINEERING & TESTING LABORATORY
_ t -�--
Curtis A. Rock (Date)
Business Development Manager
6817 Leopard Street
Corpus Christi, TX 78409
(361) 883 -4555 Office
(361) 883 -4711 Fax
By 'L ►I C1L `[ Z
T ER % �.--.. I
2 29
BEC
Pro "ect
Fund Source Number
Amount
Airline Road from Saratoga to Rodd Field Road
Project No, 6465
550920 -3544- 00000- 170322
$65,492.00
Encumbrance No.
UEngineering DataExchangelRobertQ lSTREETSProjectNo.6465AirlineRc 2012 -010 'ESTING
AGR$) Ni) NT1 GAG NT.dacx M2012-015
,,A:T EST . 01/24/12
Pcly iGC PA lock Eng. & Testing Lab. INDEXED
• GEOTECHNICAL ENGINEERING
• CONSTRUCTION MATERIALS ENGINEERING &
TESTING
• SOILS • ASPHALT • CONCRETE
City of Corpus Christi — Dept. of Engineering Services
PO Box 9277
Corpus Christi, Texas 78469
Attn: Mr. Pete Anaya, P. E. — Director of Engineering Services
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
AIRLINE ROAD — SARATOGA TO RODD FIELD (BOND 2008)
City of CC Project No.: 6465
Corpus Christi, Texas
RETL ProiDosal Number: P121211A
Dear Mr. Anaya,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2110) 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 $65,492.00.
We understand that we have been chosen to provide these services for this publicly funded project.
Therefore, by providing cost information we are not in violation of the "Texas Professional Services
Procurement Act."
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 mare 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,
Don Roper
CME Project Manager
Chief Estimator
ROCK ENGINEERING & TESTING LABORATORY, INC. EXHIBIT "A"
6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 Page 1 of 7
OFFICE: (361) 883 -4555 • FAX: (361) 883 -4711 . wwwirocktesting.com
December 12, 2011
F
Date: December 12, 2011
Project Name: Airline Road - Saratoga to Rodd Field Road (Bond 2008)
Project No.: City of CC Project No.
6465
Contact: City of CC - Dept, Of Engineering Services
Contact Information: Mr. Pete Anaya, P. F.
Test Ouantity
Unit Fee
Fee
UTILITIES
Initial Backfill
Sample Charge
$50.00
$50.00
Proctor Type:
Standard
1
$174.00
$174.00
Additional Test:
Atterberg Limits and Gradation
1
$168.00
$168.00
Cement Stabilized Sand
Sample Charge
$50.00
$50.00
Proctor Type:
Standard
I
5174.00
$174.00
Additional Test:
Atterberg Limits and Gradation
1
$168.00
$168.00
Final Backfill
Sample Charge
$50.00
$100.00
Proctor Type:
Standard
2
$174.00
$348.00
Stormwater 41
Line Description:
Concrete Box Culvert (5'X 2')
Line Length (LF):
850
Density Requirements:
95% std. J:2% opt. Moisture
13
$38.00
$494.00
Test Frequency:
l every 200 LF per lift
Number of Lifts:
3
Stormwater #2
Line Description:
Concrete Box Culvert (6' X 3')
Line Length (LF):
694
Density Requirements:
95% std. ±2% opt. Moisture
11
$38.00
$418.00
Test Frequency:
I every 200 LF per lift
Number of Lifts:
3
Stormwater 93
Line Description:
Concrete Box Culvert (7'X 4')
Line Length (LF):
1,657
Density Requirements:
95% std. ±2% opt. Moisture
25
$38.00
$950.00
Test Frequency:
I every 200 LF per lift
Number of Lifts:
3
Stormwater 94
Line Description:
Concrete Box Culvert (8'X 5')
Lane Length (LF):
280
Density Requirements:
95% std. +2% opt. Moisture
5
$38.00
$190.00
Test Frequency:
I every 200 LF per lift
Number of Lifts:
3
Stormwater 95
Line Description:
18" RCP (Cl. 111)
Line Length (LF):
781
Density Requirements:
95% std. ±2% opt. Moisture
12
$38.00
$456.00
Test Frequency:
1 every 200 LF per lift
Number of Lifts:
3
Stormwater 46
Line Description:
24" RCP (Cl. 111)
Line Length (LF):
2,953
Density Requirements:
95% std. f2% opt. Moisture
45
$38.00
$1,710.00
Test Frequency:
1 every 200 LF per lift
Number of Lifts:
3
EXHIBIT "A"
Page 2 of 7
Date: December 12, 2011
Project Name: Airline Road - Saratoga
to Rodd Field Road (Bond 2008)
Project No.: City of CC Project No. 6465
Contact: City of CC - Dept. Of Engineering Services
Contact Information: Mr. Pete Anaya, P. E.
Stormwater 47
Line Description:
30" RCP (Cl. 111)
Line Length (LF):
1,656
Density Requirements:
95% std. '±2% opt. Moisture
Test Frequency:
1 every 200 LF per lift
Number of Lifts:
3
Stormwater #8
Line Description:
36" RCP (Cl. II1)
Line Length (LF):
1,257
Density Requirements:
95% std. f2% opt. Moisture
Test Frequency:
1 every 200 LF per lift
Number of Lifts:
3
Stormwater 49
Line Description:
42" RCP (Cl. I11)
Line Length (LF):
478
Density Requirements:
95% std. f2% opt. Moisture
Test Frequency:
1 every 200 LF per lift
Number of Lifts:
3
Safety End Treatments
Number of S. E. T.'s:
2
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @28 Days
Concrete Strength:
3000 PSI
Test Frequency:
1 set every 10 items
Wing Walls
Square Footage:
300
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @28 Days
Concrete Strength:
3000 PSI
Test Frequency:
1 set every 50 CY
Curb Inlets & Extensions
No. of Inlets:
77
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @28 Days
Concrete Strength:
3000 PSI
Test Frequency:
I set every 10 items
Horizontal Grate Inlets
No. of Inlets:
6
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @28 Days
Concrete Strength:
3000 PSI
Test Frequency:
1 set every 10 items
Test Quantity Unit Fee Fee
25 $38.00 $950.00
19 $38.00 $722.00
8 $38.00 $304.00
1 $152.00 $152.00
1 $152.00 $152.00
8 $152.00 $1,216.00
1 $152.00 $152.00
EXHIBIT "A"
Page 3 of 7
Date: December 12, 2011
Project Name: Airline Road - Saratoga to Rodd Field Road (Bond 2008)
Project No.: City of CC Project No.
6465
Contact: City of CC - Dept. Of Engineering Services
Contact Information: Mr. Pete Anaya, P. E.
Wastewater #1
Line Description:
8" Gravity Sewer (10' - 12' depth)
Line Length (LF):
244.
Density Requirements:
95% std. f2% opt. Moisture
Test Frequency:
1 every 200 LF per lift
Number of Lifts:
1 l
Wastewater 42
Line Description:
12" Gravity Sewer (14'- 16' depth)
Line Length (LF):
233
Density Requirements:
95% std. f2% opt. Moisture
Test Frequency:
1 every 200 LF per lift
Number of Lifts:
15
Wastewater #3
Line Description:
Force Main (12" PVC)
Line Length (LF):
450
Density Requirements:
95% std. f2% opt. Moisture
Test Frequency:
i every 200 LF per lift
Number of Lifts:
4
Wastewater #4
Line Description:
Remove Abandoned Force Main
Line Length (LF):
280
Density Requirements:
95% std. f2% opt. Moisture
Test Frequency:
l every 200 LF per lift
Number of Lifts:
4
Water #1
Line Description:
12" PVC
Line Length (LF):
3,750
Density Requirements:
95% std. ±2% opt. Moisture
Test Frequency:
1 every 200 LF per lift
Number of Lifts:
3
Water #2
Line Description:
8" PVC
Line Length (LF):
20
Density Requirements:
95% std. f2% opt. Moisture
Test Frequency:
l every 200 LF per lift
Number of Lifts:
3
Gas Line Removal
Line Description:
Remove 4" Gas Line
Line Length (LF):
1,700
Density Requirements:
95% std. f2% opt. Moisture
Test Frequency:
1 every 200 LF per lift
Number of Lifts:
4
Test Quantity Unit Fee Fee
22 $38.00 $836.00
30 $38.00 $1,140.00
12 $38.00 $456.00
8 $38.00 $304.00
57
3
$38.00 $2,166.00
$38.00 $114.00
34 $38.00 $1,292.00
EXHIBIT "A"
Page 4 of 7
Date: December 12, 2011
Project Name: Airline Road - Saratoga to Rodd Field Road (Bond 2008)
Project No.: City of CC Project No. 6465
Contact: City of CC - Dept. Of Engineering Services
Contact Information: Mr. Pete Anaya, P. E.
Test Quantity Unit Fee Fee
Stormwater Manholes & Risers
Number of Manholes:
8
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @28 Days
Concrete Strength:
3000 PSI
Test Frequency:
I set every 6 items
2
5152.00
$304.00
Wastewater Manholes & Adjustments
Number of Manboles:
20
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @28 Days
Concrete Strength:
3000 PSI
Test Frequency:
1 set every 6 items
4
$152.00
$608.00
PARKING & PAVE
Subgrade
Description:
12" Compacted Subgrade
Sample Charge
$50.00
$350.00
Linear Footage:
7,000
Number of Lanes:
4
Proctor Type:
Standard
7
$174.00
$1,218.00
Proctor Sample Frequency:
I Sample every 1000 LF of Street
Density Requirements:
95% std. at or above opt. Moisture
70
$38.00
$2,660.00
Test Frequency:
I every 100 LF of Street
Flexible Base - Roadway
Description:
7 -112" Cr. Limestone (Ty. A, Gr. 1)
Sample Charge
$50.00
5150.00
Square Yardage:
56,616
Linear Footage:
7,000
Number of Lanes:
4
Proctor Type:
Modified
Proctor Sample Frequency:
1 Sample every 5,000 CY
3
$227.00
$681.00
Density Requirements:
98% mod. f1 -112% opt. Moisture
Test Frequency:
1 every 100 LF of Street
70
$38.00
$2,660.00
Additional Test:
PI and Gradation
PI/Grad. Sample Frequency:
1 Sample every 300 LF of Street
24
$160.00
$3,840.00
Additional Test:
Wet Ball Abrasion Loss
Wet Ball Sample Frequency:
I Sample every 5,000 CY
3
$275.00
$825.00
Flexible Base - Curbline
Description:
4" Cr. Limestone (Ty. A, Gr. 1)
Linear Footage:
13,306
Density Requirements:
98% mod. f1 -1 /2% opt. Moisture
67
$38.00
$2,546.00
Density Frequency:
I every 200 LF of Curbline
Concrete
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @28 Days
Concrete Strength:
3000 PSI
Test Frequency:
I every 1 ,000 LF of Curbline
14
$152.00
$2,128.00
EXHIBIT "A"
Page 5 of 7
Date: December 12, 2011
Project Name: Airline Road - Saratoga
to Rodd Field Road (Bond 2008)
Project No.: City of CC Project No. 6465
Contact: City of CC - Dept. Of Engineering Services
Contact Information: Mr. Pete Anaya, P. E.
Test Quantity
Unit Fee
Fee
HMAC #1
Description:
"Type "B" HMAC (2- 112 ")
Sample Charge
$50.00
$750.00
Square Yardage:
52,134
Linear Footage:
5,568
Tonnage:
7,170
Full Series Freq.:
1 every 500 Tons
15
$533.00
$7,995.00
Cored in Place Freq.:
1 every 300 LF of Street
19
$88.00
$1,672.00
HMAC 42
Description:
Type "D" HMAC (1 -112 ")
Sample Charge
$50.00
$450.00
Square Yardage:
52,134
Linear Footage:
5,568 .
Tonnage:
4,310
Full Series Freq.:
1 every 500 Tons
9
$533.00
$4,797.00
Cored in Place Freq.:
l every 300 LF of Street
19
$88.00
$1,672.00
Concrete Driveways
Description:
Type "C" Concrete Driveway (6 ")
Square Yardage:
723
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @28 Days
Concrete Strength:
3000 PSI
Test Frequency:
l set every 2,500 SF
3
$152.00
$456.00
Concrete Header Curb
Description:
6" Concrete Header Curb
Linear Footage:
2,182
Density Requirements:
98% mod. ±1 -1/2% opt. Moisture
11
$38.00
$418.00
Density Frequency:
1 every 200 LF of Curbline
Concrete
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @2 8 Days
Concrete Strength:
3000 PSI
Test Frequency:
1 set every 1,000 LF of Curbline
3
$152.00
$456.00
Concrete Curb Ramps
Description:
Concr. Curb Ramps (Type 7 &, 11)
No. of Ramps:
20
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @28 Days
Concrete Strength:
3000 PST
Test Frequency:
1 set every 4,000 SF
2
$152.00
$304.00
Concrete Sidewalk
Description:
Concrete Sidewalk (S)
Square Yardage:
7,014
Set Size:
Concrete Cylinders (set of 4)
Test Schedule:
1 @7 Days, 3 @2 8 Days
Concrete Strength:
3000 PSI
Test Frequency:
1 set every 4,000 SF
16
$152.00
$2,432.00
EXHIBIT "A"
Page 6 of 7
Date: December 12, 2011
Project Name: Airline Road - Saratoga to Rodd Field Road (Bond 2008)
Project No.: City of CC Project No. 6465
Contact: City of CC - Dept. Of Engineering Services
Contact Information: Mr. Pete Anaya, P. E.
Test Quantity Unit Fee
Fee
Concrete Rip -Rap
Description: Concrete Rip -Rap (5" Thick)
Square Yardage: 187
Set Size: Concrete Cylinders (set of 4)
Test Schedule: 1 @7 Days, 3 @28 Days
Concrete Strength: 3000 PSI
Test Frequency: 1 set every 4,000 SF 1 $152.00
$152.00
Drilled Shafts
Description: Drilled Shafts (36" & 48 ")
No. of Drilled Shafts: 3
Set Size: Concrete Cylinders (set of 4)
Test Schedule: 1 @7 Days, 3 @2 8 Days
Concrete Strength: 3000 PSI
Test Frequency: 1 set per Day 2 $152.00
$304.00
INSPECTIONS & OBSERVATIONS
Proof Roll Observation 1 hour 8 $74.00
$592.00
Drilled Pier Observation / hour 4 $74.00
$296.00
CYLINDER PICK -UP FEES
Number of Trips: 53 $39.00
$2,067.00
TRANSPORTATION FEES
Location: Corpus Christi, Texas 315 $23.00
$7,245.00
ADMINISTRATION FEES 1 $58.00
$58.00
ESTIMATED TOTAL
$65,492.00
"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"
Page 7 of 7
Exhibit B
Mandatory Requirements
(Revised August, 2008)
INDEMNIFICATION AND HOLD HARMLESS
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.
EXHIBIT "B"
Page 1 of 1
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 general d4:ectaen -of a licensed 2rofessional
engineer and in sebstantal_aseardancecom fiance --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. " - 1i
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"
Pa e 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) f=urnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE
PROJECT and to facilitate the specified inspection and tests;
(c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and
proper curing of test specimens which must remain on THE PROJECT site prior to, during, and
up to 60 days after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 "LAB ", by the performance of services covered hereunder, does not in any way assume, abridge
or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT
which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any
other design agencies or authorities.
3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE
PROJECT specifications or other contract documents nor to approve or accept any portion of the
work. "LAB" does not have the right of rejection or the right to stop the work. 'CITY ENGINEER
will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the
sampling, testing, or inspection of operations covered by the AGREEMENT.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services.
The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT
Contractor's means, methods, techniques, sequences or procedures of construction, and it is
understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of
his responsibilities for performing the work in accordance with THE PROJECT plans and
specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean
periodic observation of the work and the conducting of tests by "LAB" as specified in . the
AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is
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"
Page 2 of 3
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.
82 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
tZ
TO BE ASSIGNED BYZ;'ITY
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
C
Christ DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firths 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 Eng & Testing Laboratory, Inc.
P. O. BOX:
STREET ADDRESS: 6817 Leo Stree CITY: Corpus C ZIP: 78409
FIRM IS: 1. Corporation X 2. Partnership ❑ 3. Sole Owner
E] ❑
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the dames 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 Cor�us Christi
who worked on any matter related to the subject of this contract and has C ownership
interest" constituting 3% or more of the ownership in the above named
Name Consultant
NIA
F IT IB "D"
e I 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
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 Christi, Texas as changes occur.
Certifying Person: Curtis A. Rock
(Type or Print)
Title: Busi ness Development Manager
Signature of Certifying — Date:
Person: _ � � A Jt A p 1 – L i"
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.
EXHIBIT "D"
"age 2 of 2