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Home My WebLink AboutC2006-191 - 5/30/2006 - Approved AGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing 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 Mark CRock, PE, Vice President of Operations, which agree as follows DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows Cimarron Boulevard Phase 2 - Yorktown to Bison (Mireles) (Proiect No. 6262) - Construction Materials Testinq ("PROJECT") , SCOPE OF WORK: "LAB" shaH 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" 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 $32.639.00 (in figures) Thirty-Two Thousand Six Hundred Thirty-Nine Dollars and Zero Cents (in words). Note: The fee IS subject to the availability of funds The Consultant may be directed to suspend work pending receipt and appropriation of funds 4 INSURANCE, INDEMNIFICATION AND HOLD HARMLESS: The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit 'B by an Insurance company acceptable to the City. The Consultant further agrees tc indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants. and emplovees as more fully set forth in Exhibit "B' ::; CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: "CITY" warrants to "LAB" that to the best of its 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" acknowledges and confirms that "LAB" is relying upon the above warranty in undertaking to perform the services described in thiS AGREEMENT CITY OF CORPUS CHRISTI ..... '"" . -'J ..:~ ." ,..1 ( .., l ~. <~ , Ronald F Massey Assistant City Manager ~..., 1 ( I U \ ' (bate) \ l ROCK ENGINEERI~ & TESTING LABORATORY ~Mc-/~-"- >/2-"'/ () <r Mark CRock. PE (Date) Vice President of Operations 4910 Neptune Street Corpus Christi, TX 78405 (361) 883-4555 - Office; (361) 883-4711 - Fax APPROVED AS TO FORM t1' Director of Engineering Services (Date) YiA..~tMiI1 :c' ..:t C Ie a:.);l~ ( /. (~atl Operating Department ," IHOMEIRachell Project No 6262 Fund Source No. 550920-3541-00000-200445 , No. 2006-191 - 05/30/06 ~i 7J:c~ ~J~l._. AU'! i'lU&(ILt;l- M2006-167-t ,L..,L -c, Rock Engineering & Testing IT GtuNtll._51..~~rl trl-- _._...~~.;~~.T..~.:'. "-rft- ..~ -- a-'y SEC:..:,~T,~,_~y" - E r . \~I M~>\VERI('K 1 V lli ENGfNEERING, lNt MAY 2 3 2006 , .'. 'f/<, , ,'f i, k( tit:. tie, Itlt:.( om ;.,; May 23 2006 Mr. 'Angel R. Escobar, P.E., R.P.l..S. Director of Engineering Services City of Corpus Christi P.O Box 9277 Corpus Chnsti. Texas 78469-9277 Re: Cimarron Boulevard Phase 2 Yorktown to Bison (Mireles) City Project No. 6262 Construction Materials Testing Budget Mr. Escobar: In accordance with your request, Maverick Engineering, Inc. (MEI) requested a Construction Materials Testing Proposal from Rock Engineering & Testing for the above referenced project. The estimated construcllon materials testing sequence is based on the schedule of testing as indicated on sheet 3 I)f 149 of the Construction Drawings. The estimated Construction Materials Testing Proposal as submItted by Rock Engineering is $32,639.00. I find the proposal to be in accordance with our design documents and recommend approval of Rock - s proposal Respectfully. ~VEI~fK ENGINEERING, INC \L_t ~ ~~ Ron Gli2man, P E. DivisIOn Manager RG/p f Attachment T\SHRf! ,\RILSWPIII FS OS2 'S03\!-SC<lH.\R I,II{ ())-22-o(, EXHIBIT "A" Page 1 of 4 000 SPU) Son no. Corpus Christl. TX 78410-1141 ),h _ '9.1 ),Xc, . j;;x ),( j ,~S9-()71;:' W\\ \\'.rnavenckeng;neering.com ~''''"'''''''' . cIEOTECHNICAL ENGINEERING · CONSTRUCTION MATERIALS FNGINEERING & TESTING · SOIl.S . ASPHALT. CONCRETE \la) 1- .:'i 106 Department of Engmeennc: Sen iCl"~ vlajor Pn1lects Di\islUl1 City of ( 'prpus ChriQl PO. B\\.... \)217 Corpus Christl IX -8..+<19.Q]7""' \ ttn: A ngc I R I- scnhcll P \ S UB.IFeT: EXHIBIT "'A" ESTI\1A TED TESTING SERVICES BUDGET CIMARRON BOULEVARD PHASE 2 Ynrkto\\lI to Bison (i'vlll'Cles) ('it: Pro.kct 1\0. h26~' Corpus Christi. Texa~ RETL Proposal Number: P051706A Dear Mr. tscnbar. Rock Engll1eering and resting Lahorat\lr). Ine (RETL) IS pleased to be selected to perform the required Construction Materials Testmg for the above-mentioned project. The Estimated Construction Materials Testing Budget for this project is S32,639.00. rhe estImated construction matenals testing budget is hased on the schedule of testing on Sheet ~ uf ] 49 of the Plans. A breakdown of our fees using the testing schedule provided is included as an attachment Please make note that t he 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 arrhal to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. In addition, in-place densities will be im oiced for a minimum of 3 in-plac{' densities per trip. ROCK ENGINEERING & TESTING LABORATORY, INC. ~C)I() NI PTUNE ~TRFFT. CORPUS CHRISTI. TEXAS. 78405 OFFICf- {3< i) R83-4"~,,. f;\ X (361) 88~-4711 . w\\\\.mcketlinc.com EXHIBIT "A" Page 2 of 4 \1,J\ !j( q;,u,., 1I 1, RF'fJ 'I 'r\US~j 'I f'O'. " CI\J.....RROi\ BOULEVARD PHASE 2 City Project No. 6292 Corpus Christi. Texas RETl lpprecia;e~ l'ir,mSldc'fctloil he COJ'Slrlietl')!. ph.ISt Oi'om nnltl'l is a; f. r' ; XX~. .j.:",:' I uur tirm 10 aSSISl the ( ty of Corpus Christi during f' vou h;1\ (, il!l\ questions t)r comments please conlact Smcen \ ACCEPTED AND APPROVED :::~U-/'-- B\ \tlark ( Rock, P,E Vice President of Oneratillns Print Date T:R01 Cuzmali,PE \IEJ ROCK E'\TGINEERIJ\G & TESTING LABORATORY, INC. -+910 \iEPTUNE STREET. CORPLS CHRISTI. TEXAS, 78405 OFFICE !361 883-4555. FAX (361) 883-471 1 . wwwrocketlinc.com EXHIBIT "A" Page 3 of 4 E."\ 542.00 SR4.')O L\ $ 145.00 $14500 EA. 5145.00 $145 00 .)4 EA $3100 $1,36400 ~II E". S3100 $2,480.00 ~ FA. S3100 $24::100 Ell. 542.00 $ 126 00 EA. $100.00 $30000 EA. 5105.00 $31500 EA $195.00 $585rlO FA. $24200 $'7161)0 ] Ell. $570.00 $570UO 'Ii) EA. $3100 $2,48000 2() EA. $31.00 $::19900 EA. $242.00 $24200 FA $1,00000 $1.000 00 L\ $42.00 $(i30110 I" E,\ $48700 $7.305 no -I F',\ $]0000 $400(10 L\. $35000 $5,25(1)0 i :l! 05,/17/(Q pl':"il"t:t: CinillL,lt'IlH Bouit'\<itd Pha"t.' 2 P"'pn~aINo; ,lO:"j"'O(]\ (IWllf City I ( !rpu, Cllri,'! rest [tem Test Test Frequene\ Quantit\ Quant Unit Unit Fee I 'II \oG SCH Ill! U ~l;d... il1g Char!! :nl Pn 'ell. vncj,: ;'ck L:rd Prcctc. ! L\~l.!it:r:l(jl '! n :l::~ - '1 ren, ! ll.okiJ I 'c'> - Ra\\ C'I adl c" - Lrn B"" S,; u;"ling CharI' l 'ulllill \!:~< -:t;;T.S LiJ!tit~ \' til'd Pn-Jcto'; 1raSlOll " I ,mdard ) I, ,e,m] ct, j l3a."" :-trl'I I} Coml let ',j 1)'1'<' .'( ,\ \1iJ "st H\l, ( ~h"rg! dl Scf1l Placl.' l 1> ~,:> j [rv ~c.:' lll;-, ! t LIe dunk -1, :, tEi ~nL J.S '.., "I k. I C""lT<,I" (Sets lJ 4; 14,( 2H-da\ >rea"s) 'tnt: , SI~TS SETS SETS SETS SI~TS SET SET SET SET $]2500 $] 2500 5]25.00 $12500 $1251)0 $ j 2500 S] 25.00 $] 25 00 $125.00 '1" '.( er . ILl' \prUI1:' ~i 4 case: h U)\1 I:\STRATlO!\ FEE m\\SPORTATIO'< FEI- -'\ IRJPS $1500 GR\.!\D TOT U Fee Sl,5UU )0 Sl,<)()(J)O 5250.1!c) $<'5 $125 $] 250!) S500llJ $6250! ) $]25IJi) S50.!)( S2,(,7(;UO S32,639.1}O EXHIBIT "A" Page 4 of 4 Exhibit B Mandatory Requirements (Revised September, 2001) INSURANCE REQUIREMENTS 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. i-- I TYPE OF INSURANCE ~O_DaY Noti~e of caneell. a. tion required on a;l- certificates '.. . ..~--_..._.- . Commercial General Liability :ncluding I ' Commercial Form I I 2 Premises - Operations I 3 Explosion and Collapse Hazard I 4 Underground Hazard 15 Products/ Completed Operations Hazard 6 Contractual Insurance 7 Broad Form Property Damage I 8 Independent Consultants ! 9 Personal Injury AUTOMOBILE LIABILITY --OWNED NON-OWNE OR RENTED I WORKERS' COMPENSATION : , , I EMPLOYERS LIABILITY ___ EXCESS LIABILITY PROFESSIONAL POLLUTION L1ABILlTYI ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to I long-tern enVIronmental impact for the disposal 0 contaminants BUilDERS' RISK ~. . .------.-.--- ! INSTALLATION FLOATER : I MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage i $2.000.000 COMBINED SINGLE LIMIT ! 0 $1.000.000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 $1.000.000 COMBINED SINGLE LIMIT --.- $2000.000 COMBINED SINGLE LIMIT nclude [ ] REQUIRED f [X] NOT REQUIRED '-.' See Section 8-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED -.-.- I $100,000 Combined Single Limit See Section 8-6-11 and Supplemental Insurance Requirements [] REQUIRED [X] NOT REQUIRED Exh:bit "B" - Insurance ReqUirements Page 1 of 3 .~ v 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 interested parties II. HOLD HARMLESS A, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each ofthem 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 C~ity, 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, POBox 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. Go-- -- Builder's Risk Coverage: Consult::mt will be responsible for providing builder's risk insur::lnce cover::lge for the term of the contr3ct up to ::Ind including the date the City finally accepts the project or work. Builder's risk covcr3ge shall be ::In "/\11 Risk" form, The policy shall be ::I completed v31ue form, The Consult3nt shJII provide such builder's risk. cover3ge ~ le3st in the 3mount of $ ( ------ DOLLARS) 'Nhich is estimated to be the "'3lue at completion of the re31 or person31 property tobe constructed. rep::lired or othel"\\'ise improved under the contr3ct Consult3nt sh311 be responsible for p3ying all costs necessary to procure such Exhibit '8' Insurance Requirements Page 2 of 3 bUilder's risk insur3nce CQVer3ge, including 3ny deductible. The City shall be n3med an additional insured on 3ny policy providing such Insur:mce co'.'omge. III. On the certiflcate)f 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 "'eft" 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 "8' Insurance Requirements Page 3 of 3 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 12 Perform technical services under the general direction of a licensed engineer and in substantial accordance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, or other standards designated in writing by the "CITY ENGINEER" 1 3 Promptly submit formal reports of tests, Inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing, 14 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 ongin 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 pavroll taxes relating to the services ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 21 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 2 5 Direct THE PROJECT contractor either by the Construction Contract or direct written order to: ! a) Stop work at the appropnate 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; Ie) 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, 0' 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 "L.AB" 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 placemer-t of matenals Inspection IS not and should not be construed to be a warranty by "LAB" to the 'CITY" or any other party 42 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB" "LAB" wi!! 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 compliance with all municipal state, and federal laws rules and regulations, including OSHA The duty of "LAB" In providing services,s 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 Engmeer ARTICLE 8. EXTENT OF AGREEMENT 81 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 anyone 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 'lever Included In thiS AGREEMENT No waiver of any default will be a waiver of any future ::jefault 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 :)f thiS AGREEMENT ~ Cily of .. Corpus - _ ChrIsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS ~ City of Corpus Christl Ordinance 7112, 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 f\lIA' FIRM NAME: Rock Enqlneerinq & Testinq Laboratory, Inc, STREET: 4910 Neptune Street CITY: Corpus Christl ZIP: 78405 FIRM is: 1 Corporation____L 2 Partnership_ 3 Sole Owner_ 4, Association_ S Other 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) ~,-,-,--,----,-, --,---- 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 ---1:YA '_,__ _ _, 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 N/A 4. Sgte 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 N/A CERTIFICA TE 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, Mark CRock, P.E. (Type or Pnnt) /07 ,," ----:~- Signature of Certifying Pers~;::??',--L- /~=='- Title Vice President of Operations ')Iz~/Oy Date EXHIBIT "0" Page 1 of 2 DEFINITIONS a Board Member A member of any board. commission or committee appointed by the City Council of the City of Corpus Christi. Texas. 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 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'd'oint stock company, joint venture, receivership or trust and entities whicn. for purposes of taxation, are treate as non-profit organizations. Official The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. 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 holaing or control established through voting frusts. proxies or special terms of venture or partnership agreements. 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 b c d e f EXHIBIT "0" Page 2 of 2