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HomeMy WebLinkAboutC2016-103 - 3/1/2016 - NA , . ' AGREEMENT for Geotechnical 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: Annaville Ditch Improvements(Proiect No. E15203)("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 B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit"A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $6,200.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. 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. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. 4 Awl F C 'TI ROCK ENGINEERING&TESTING LABORATORY � . 3 Pocka d5 6 ie H. Gra , P. E. $ ( t(F(Dat- Curtis A. Rock (Date) E cutive Direc or of •u is orks Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361)883-4555 Office (361)883-4711 Fax APPROVED AS TO LEGAL FORM Aimee Alcorn-Reed 2016.02.26 16:33:45-06'00' Assistant City Attorney (Date) Project No. E15203 Accounting Unit: 3495-043 Account: 550920 Activity: El 5203013495EXP 4p Account Category: 50920 cp Fund Name: Storm Water 2012 Rev Bonds Encumbrance No. 2016-103 3/01/16 ER\E15203 ANNAVILLE DITCH IMPROVEMENTS\GEO TECH TESTING ROCK\1 5-1215 TESTING AGREEMENT DOC Rev 12/15/15 Rock Engineering& Testing INDEXED EXHIBIT A Scope of Services and Fee Schedule K:\ENGINEERING DATAEXCHANGEWNGIEM\STORM WATER\E15203 ANNAVILLE DITCH IMPROVEMENTS\GEO TECH TESTING ROCK\15-1215 TESTING AGREEMENT.DOC Rev.12/15/15 S. P. t. FST • GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS c/ C �o ENGINEERING&TESTING °q4 Jr. Qo� • SOILS • ASPHALT •CONCRETE December 31, 2015 City of Corpus Christi RECEIVED Engineering Services 1201 Leopard Street JAN if 2016 Corpus Christi, Texas 78401 Attention: Mr. Jeff Rotman, P.E. ENGINEERING SERVICES SUBJECT: PROPOSAL TO PERFORM A SUBSURFACE INVESTIGATION AND LABORATORY TESTING PROGRAM AND PROVIDE FOUNDATION RECOMMENDATIONS FOR THE PROPOSED ANNAVILLE DITCH IMPROVEMENTS City of Corpus Christi Project No. E15203 Leopard Street Corpus Christi,TX RETL Proposal Number: P062915D (Revision 1) Dear Mr. Rotman, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to submit the following proposal to perform a subsurface investigation and laboratory testing program and provide foundation recommendations for the proposed Annaville Ditch Improvements Project to be constructed off of Leopard Street in Corpus Christi, Texas. Based on information provided to RETL, the project will include a hydraulic drop structure consisting of a cast-in-place concrete box. It should be noted that loads and other design details have not been provided. If this information becomes available, it should be forwarded to RETL so we might refine the scope of work. As directed by Freese and Nichols, RETL will perform two borings to a minimum depth of 20-feet below the hydraulic drop structure. ROCK ENGINEERING & TESTING LABORATORY, INC. Corpus Christi San Antonio Round Rock 0111cc:361.883.4555 0111ce:210.495.8000 0111ce:512.284.8022 Fax:361.883.4711 Fax:210.495.8015 Fax:512.284.7764 6817 Leopard St. 10856 Vandafc No. I Roundville Ln Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock.TX 78664 www.rocktesting.com EXHIBIT "A" Page 1 of 5 i Page 2 of 5 PROPOSED ANNAVILLE DITCH IMPROVEMENTS—PROJECT NO.E15203 December 31,2015 Leopard Street;Corpus Christi,Texas Attn:Mr.Jeff Rotman,P.E. RETL Proposal No.:P062915D(Revision I) Additionally,RETL will also perform or provide the following: • Recommendations for soil backfill placing,compaction,and moisture requirements • Seismic Site Class • Potential of sulfate attack from soil on concrete or lime stabilized soil Based on project information provided above, RETL recommends performing two borings to termination depths of 50-feet(Total Number of Borings: 2;Total Linear Feet of Drilling: 100 LF).The scope of work is outlined below. Scope of the Proposed Subsurface Investigation • RETL requires that the boring locations are staked in the field prior to the field investigation by the client or a representative of the client,and that the ground surface elevations and GPS coordinates are provided at the boring locations. • Coordination with the Texas 811 System will be performed by RETL to identify underground utilities in the proximity of the boring locations. The borings will be relocated if necessary. • • The client shall perform due diligence to assure RETL that the boring locations are accessible and clear of private utilities and obstructions,such as piping, fences,shrubs and trees.The borings will be relocated if necessary. • An experienced soil technician will log the borings in the field full-time during the drilling operations. • A truck mounted drilling rig will be utilized to access the boring locations. If an all-terrain vehicle is required,RETL should be notified to provide a revised scope of work and associated fee. • The borings will be sampled every 2.5-feet to a depth of 15-feet and at 5-foot intervals thereafter to the termination depth of the borings. • Disturbed soil samples will be obtained employing split-barrel sampling procedures in general accordance with the procedures for "Penetration Test and Split Barrel Sampling of Soils, (ASTM D 1586)." • Undisturbed soil samples will be obtained using thin-wall tube sampling procedures in accordance with"Thin Walled Tube Sampling of Soils, (ASTM D1587)"where applicable. • Shear strength of cohesive soils will be estimated using a hand penetrometer. • Standard penetration tests(SPT)will be recorded in granular soils where applicable. • The borings will be advanced to the depths specified above. • GPS coordinates, obtained in the field at the boring locations, will be recorded using a commercially available Garmin handheld GPS model Etrex Venture using NAD 83 map datum. • Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. • After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations. ROCK ENGINEERING&TESTING LABORATORY,INC. Corpus Christi San Antonio Round Rock Office:361.883.4555 Office:210.495.8000 Office:512 284.8022 Fax 361.883.4711 Fax:210.495.8015 Fax:512.284.7764 6817 Leopard St. 10856 Vandale No.1 Roundville Ln. 'Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664 www.rocktesting.com EXHIBIT"A" Page 2 of 5 Page 3 of S PROPOSED ANNAVILLE DITCH IMPROVEMENTS—PROJECT NO.E15203 December 31,2015 Leopard Street;Corpus Christi,Texas Attn:Mr.Jeff Rotman,P.E. RETL Proposal No.:P062915D(Revision I) Scone of Laboratory Testing Program • Supplementary Visual Classification(ASTM D2487) • Water Content Tests(ASTM D2216) • Atterberg Limits Tests(ASTM D4318) • Unconfined Compressive Strength Tests(ASTM D2166) • Percent Material Finer Than The#200 Sieve Tests(ASTM D1140) • pH Tests(Method 9045D) • Sulfate Ion Concentration Tests(ASTM D516-68) All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report. Protected Schedule After authorization, it is estimated that the drilling operations can be completed within 10 to 20 business days and the final report will be submitted within three weeks of the completed fieldwork. RETL will consult with the engineers as field and laboratory test results become available by providing preliminary recommendations as required to assist in design. If adjustments to the proposed timeline are required to meet the existing project schedule,please contact RETL so that we can accommodate your needs. It should be noted that the timeline provided above is subject to change due to completion of the pH Tests (Method 9045D)and Sulfate Ion Concentration Tests(ASTM D516-68). Geotechnical Engineering Renort In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered and foundation recommendations. Fee and Limitations The total fee to perform the scope of work outlined above is$6,200.00 The Total Project Fee includes the field investigation, laboratory testing, foundation recommendations, and report preparation. The following items will be added to the final invoice as required: 1. Additional drilling required due to subsurface conditions: $62.00 per linear foot. 2. Standby time:$275.00 per hour/per company. 3. Cores/patches:$335.00 each. ROCK ENGINEERING&TESTING LABORATORY,INC. Corpus Christi San Antonio Round Rock Office:361.883.4555 Office:210.495.8000 Office:512.284.8022 Fax:361.883.4711 Fax:210.495.8015 Fax:512284.7764 6817 Leopard St. 10856 Vandale No.t Roundville Ln. Corpus Christi,TX 78409 San Antonio.TX 78216 Round Rock,TX 78664 www.rvcktesting.com EXHIBIT"A" Page 3 of 5 Page 4 of 5 PROPOSED ANNAVILLE DITCH IMPROVEMENTS—PROJECT NO.E15203 December 31,2015 Leopard Street;Corpus Christi,Texas Attn:Mr.Jeff Rotman.P.E. RETL Proposal No.:P062915D(Revision I) Please note that the total fee provided above will be honored for 90 days after the date of this proposal. After 90 days,RETL should be contacted to reevaluate the fees and revise the proposal as needed. Services provided for any revisions after the submittal of the final report, approved by the client in a change order,will be invoiced at a rate of$180.00 per hour. The total fee to perform the scope of work does not include site assistance in the event the boring locations are inaccessible. Mechanical assistance required to access the boring locations will be assessed based on the subcontractors' hourly fee plus the mobilization fee. 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. The Client shall provide for RETL's right to enter the property owned by the Client and/or others and 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. Either the Client or RETL may terminate this Agreement at any time with or without cause upon giving the other party 10-calendar days prior written notice. The Client shall within 10 calendar days of termination pay RETL for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. ROCK ENGINEERING&TESTING LABORATORY,INC. Corpus Christi San Antonio Round Rock Office:361.883.4555 Office:210.495.8000 Office:512.284.8022 Fax:361.883.4711 Fax:210.495.8015 Fax:512.284.7764 6817 Leopard St. 10856 Vandale No.1 Roundville Ln. Corpus Christi,TX 78409 San Antonio.TX 78216 Round Rock,TX 78664 www.rocktestin8.com EXHIBIT"A" Page 4 of 5 Page 5 of 5 PROPOSED ANNAVILLE DITCH IMPROVEMENTS—PROJECT NO. E15203 December 31,2015 Leopard Street;Corpus Christi,Texas Attn: Mr.Jeff Rotman, P.E. RETL Proposal No.: P062915D(Revision I) Closing 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 your consideration of our firm to assist you with this project. If you have any questions, or comments, please call at (361) 883-4555. Sincerely, ACCEPTED AND APPROVED /Ltecnl. - By Print Brian Geiger, P.E. Geotechnical Engineer Date For payment of services, invoice to: Firm: Attn: Address: Title: City: State: Zip Code: Phone: Fax: E-mail address: **Payment is due upon receipt of the invoice. Please remit to the above address and reference your invoice number on payment. ROCK ENGINEERING&TESTING LABORATORY, INC. Corpus Christi San Antonio Round Rock Office. 361.883.4555 Office 210.495.8000 Office:512.284 8027 Fax 361.883.471 1 Fax! 210 495 8015 Fax:512 284 7764 6817 Leopard St 10856 Vandalc No. I Roundville Ln Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664 www rocktcsting.com EXHIBIT "A" Page 5 of 5 EXHIBIT B TERMS AND CONDITIONS TO TESTING 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, and 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 designee 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 designee 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 designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; K\ENGINEERING DATAEXCHANGEWNGIEM\STORM WATER\E15203 ANNAVILLE DITCH IMPROVEMENTS\GEO TECH TESTING ROCK\15-1215 TESTING AGREEMENT.DOC Rev.12/15/15 • (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that 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 that, 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 its 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. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or K:\ENGINEERING DATAEXCHANGE\ANGIEM\STORM WATER\E15203 ANNAVILLE DITCH IMPROVEMENTS\GEO TECH TESTING ROCK\15-1215 TESTING AGREEMENT.DOC Rev.12/15/15 breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 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. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required Bodily Injury and Property Damage on all certificates or by applicable policy Per occurrence- aggregate endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. K:\ENGINEERING DATAEXCHANGE%ANGIEM\STORM WATER\E15203 ANNAVILLE DITCH IMPROVEMENTS\GEO TECH TESTING ROCK115-1215 TESTING AGREEMENT.DOC Rev.12/15/15 WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors&Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. K:\ENGINEERING DATAEXCHANGEWNGIEM\STORM WATER\E15203 ANNAVILLE DITCH IMPROVEMENTS\GEO TECH TESTING ROM 5-1215 TESTING AGREEMENT.DOC Rev.12/15/15 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/qovernment/city-secretary/conflict-disclosu re/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 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 representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 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. 13.3 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. K.\ENGINEERING DATAEXCHANGE\ANGIEM\STORM WATER\E15203 ANNAVILLE DITCH IMPROVEMENTS\GEO TECH TESTING ROCK\15-1215 TESTING AGREEMENT.DOC Rev.12/15/15 ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. K:\ENGINEERING DATAEXCHANGEWNGIEM\STORM WATER\E15203 ANNAVILLE DITCH IMPROVEMENTS\GEO TECH TESTING ROCK\15-1215 TESTING AGREEMENT.DOC Rev.12/15/15 EXHIBIT C Monthly Invoices Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No.1 Amd No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% 0&M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% K:\ENGINEERING DATAEXCHANGE\ANGIEM\STORM WATER\E15203 ANNAVILLE DITCH IMPROVEMENTS\GEO TECH TESTING ROCK\15-1215 TESTING AGREEMENT.DOC Rev.12/15/15 ROCKE-1, OP ID: MA ,4coRv CERTIFICATE OF LIABILITY INSURANCE 'DAfE(MM/DDIYYYY) ` 02/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME:ACT Borden Insurance Borden Insurance PHONE 361-882-6543 FAX P.O.Box 1066 (ac.No.Extl: (NC,No): 361-654-2008 Corpus Christi,TX 78403-1066 Ao RESS: mail@bordenins.com Jason Gilbert INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Republic Lloyds INSURED Rock Engineering&Testing Lab INSURER B:Southern Insurance Company 6817 Leopard St. Corpus Christi,TX 78409 INSURER C:Texas Mutual Insurance Co. INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLTYPE OF INSURANCE MISR SUER POLICY NUMBER (MM/DDYEFF/YYYY) (MM/DD/YYYY) LIMITS EXP Lift .INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CMP5519807 03/10/2015 03/10/2016 PREM SES EaEoccu ence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 X Railroad PERSONAL&ADV INJURY $ 1,000,000 Protective GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY X El: LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ B X ANY AUTO BAP551980801 03/10/2015 03/10/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS BODILY INJURY(Per accident) $ NON OWNED PROPERTY DAMAGE $ AUTOS X HIRED AUTOS AUTOS (PER ACCIDENT) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B X EXCESS UAB CLAIMS-MADE UMB5519809 03/10/2015 03/10/2016 AGGREGATE $ 5,000,000 — DED X RETENTION$ 10,000 $ WORKERS COMPENSATION x WSTATU- TH 0 - AND EMPLOYERS'LIABILITY TOCRY LIMITS ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TSF0001158394 03/10/2015 03/10/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) See Attached Re: E12105 Signal Improvements & Street Lighting BOND 2012 CERTIFICATE HOLDER CANCELLATION CICC-CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi Engineering Services AUTHORIZED REPRESENTATIVE Attn: Contract Administrator 0.040.4.71.,au P O Box 92774 Ewaative viae sssoLiast Corpus Christi,TX 78469-9277 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • t. • ROCKS-1 PAGE 2 NOTEPAD INSURED'S NAME Rock Engineering&Testing Lab OP ID: MA Date 02/18/2016 INSURED: ROCK ENGINEERING & TESTING LABORATORY, INC. The General Liability policy includes blanket automatic Additional Insured endorsements that provide additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status (Republic Plus+ General Liability Enhancement Endorsement CGRO29 05/09* and Additional Insured - Owners, Lessees or Contractors-Completed Operations CG2037 07/04*) . The General Liability policy includes a primary & non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision. (Republic Plus+ General Liability Enhancement Endorsement CGRO29 05/09*) . The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation in favor of the Certificate Holder only when there is a written contract between the insured and certificate holder that requires it (Republic Plus+ General Liability Enhancement Endorsement CGRO29 05/09*) . The Business Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status (Republic Plus+ Commercial Auto Enhancement Endorsement CAR053 03/11*) . The Business Auto policy includes a blanket automatic waiver of subrogation endorsement that provides a waiver of subrogation in favor of the certificate holder only when there is a written contract between the insured and certificate holder that requires it (Republic Plus+ Commercial Auto Enhancement Endorsement CAR053 03/11*) . The Workers Compensation and Employers Liability policy includes a blanket automatic waiver of subrogation endorsement that provides a waiver of subrogation in favor of the certificate holder only when there is a written contract between the insured and certificate holder that requires it (WC420304A 01/00*) . The Umbrella Liability policy follows form Additional Insured and Waiver of Subrogation Endorsements issued by any policy of "underlying insurance". [Commercial Liability Umbrella Coverage Form CU 00 01 12 07*] Scheduled "underlying insurance" of the Umbrella Liability policy includes: General Liability CMP5519807 Automobile Liability BAP5519808 Employers Liability TSF0001158394 *Forms/Endorsements available upon request. 30 Day Notice of Cancellation Applies to all policies.