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HomeMy WebLinkAboutC2010-373 - 9/28/2010 - ApprovedAGREEMENT for Construe#ion Materials Testing and Engineering Services This AGREEMENT is be#ween 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: Mansheim & Helen -Gabriel to Kostoryz,,and Sunnvbrook to Gollihar [Bond 2008] (Proiect Ng,; ,6491) {"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 74 747.D0 ,Seventy-Four Thousand Seven Hundred F „ , y-Seven_Dollars and Zero Cents]. 4. 5. CITY'S DISCLOSURE OF HAZARDOUS ~ TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowledge, based upon Curren#ly 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 HRISTI ROCK ENGINEERING & TESTING LABORATORY V G:!GP~- ~d r Juan Perales r., P.E. (Date) Curtis A. Rock (Date) Assis#ant City Manager 6817 Leopard Street Corpus Christi, TX 78409 APPROVED AS TO FORM {361 } 883-4555 -Office; {361) 883-4711 -Fax pi~id ~ Atlrl~oH~r~a Pete Anaya, P.E. {Date) Dire/c~'tor of Engineering Servic/e/s ~~ ~gplDll, ,~~~ r -/ ~BMI~MIINlN~~~~R r ~T~~Y Le I D artment (Date) /,~,/~~ ENTERED Operating Department '/ (Dot ~~ ~ ~ ~~~~ ,~_ CIP No. ST 35 ~T~S1•: __ ..•~•~ ~~, ONTRACT MANAGERS Project Na. 6491 X546 ~~0~~0~ 17123 2010-3'73 M2010-227 a~/2g110~heim & Helen- Gabriel to i(osforyz & Sunnyhrook to GnlliharLCanstructlon TestingtiConslruction Testing Agreement.dx Rock Engineering & Testing ~i~~~~~ • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS • ASPHALT • CONCRETE City of Corpus Christi Texas P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. Pete Anaya, P.E. -Director of Engineering SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED Mansheim & Helen (2008 Bond} City Project No.: 6491. RETL Proposal Number: P082510B Dear Mr. Anaya, Rock Engineering and Testing Laboratory, Inc. (BETE} is pleased to be selected to perform the required Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing Budget far this project is $74,747A0. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. In addition, in-place densities will be invoiced for a minimum of 3 in-place densities per trip. 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. If you have any questions or comments regarding this proposal, please call me at (361) 883-4555. Sincerely, ~~ Sandra Kirk Project Estimator EXHIBIT "A" Pa e 1 of 5 ROCK ENGINEERING & TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CIIRISTI, TEAS, 78409 OFFICE: (361) 883-4555 • PAX: (361) 883-4711 • www.rocktesting.com August 27, 2010 Date: August 27, 2010 Project Name: Mansheim & Helen {20 08 Bond) City Project No.: 6491 Contact: Mr. Pete Anaya, P.E. - Director of Engineering Contact Information: City of Corpus Christi MANSHIEM BOULEVARD (PART B) UTILITIES Initial Backfill Proctor Type: Standard Final Backfil] Proctor Type: Standard AdditionaE Test: Atterberg Limits and Gradation Utility Tranch Line Description: Utility Trenches Density Requirements: 95% std. -1 to +3% opt. Moisture Test Frequency: 1 every 200 LF /Lift Inlets Number of Inlets: Set Size: Test Schedule: Concrete Strength: Test Frequency: Inlets Concrete Cylinders (set of 4) 1 @ 7 days & 3 @ 28 days 3000 PSI 1 set every 3 items PARKING & PAVE Subgrade Description: 12" Compact Subgrade Proctor Type: Standard Density Requirements: 95% std. at or above opt. Moisture Test Frequency: 1 every 200 LF of each Lane /Lift Paving Section Base Description: 12" Compacted Limestone Base (Type A, Grade 1 Base Material} Proctor Type: Modified Density Requirements: 98% mod. t 1.5% Test Frequency: 1 every 200 LF of each Lane 1 Lift Additional Test: Atterberg Limits and Gradation Additional Test: LA Abrasion Lass HMAC Description: Hot Mix Asphaltic Concrete Full Series Freq.: 1 every 500 Tons Cared in Place Freq.: 3 per 500 Tons Curb and Gutter Description: Curb & Gutter Density Requirements: 98% std. -1 to +3% opt. Moisture Density Frequency: 1 every 200 LF Description: Behind Curb & Gutter Density Requirements: 98% std. ~3% opt. Moisture Density Frequency: 1 every 200 LF Concrete Set Size: Concrete Cylinders {set of 4} Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 every 500 LF Test Ouantitx Unit Fee Fee Sample Charge $50.00 $50.00 1 $174.00 $174.00 Sample Charge $50.00 $50.00 1 $174.00 $174.00 1 $156.00 $156.00 291 $38.00 $11,058.00 6 $152.00 $918.00 Sample Charge $50.00 $50.00 I $174.00 $174.00 31 $38.00 $1,17$.00 Sample Charge $50.00 $100.00 2 $174.00 $348.40 61 $38.00 $2,318.00 2 $156.00 $312.00 2 $289.00 $578.00 Sample Charge $50.00 $150.00 3 $533.00 $1,599.00 9 $88.00 $792.00 30 $38.00 $1,140.00 30 $38.00 $1,140.00 12 $152.00 $1,824.00 EXHIBIT "A" pa a 2of5 1 of 4 Date: August 27, 2010 Project Name: Mansheim & Helen (20 08 Bond} City Project No.: 6491 Contact: Mr. Pete Anaya, P.E. - Direotor of Engineering Contact Information: City of Corpus Christi Sidewalk Description: Concrete Sidewalk Set Size: Concrete Cylinders (set of 4) 6 $152,00 $912.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 set every 4,000 SF Driveways Description: Concrete Driveways /Curb 12amps Set Size: Concrete Cylinders (set of 4) 21 $152.00 $3,192.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 set per 2 Driveways EXHIBIT "A" Pa e3of5 2of4 Date: August 27, 2010 Project Name: Mansheim & Helen (2008 Bond} City Project No.: 6491 Contact: Mr. Pete Anaya, P.E. - Director of Engineering Contact Information: City of Corpus Christi NESBITT DRTVE (PART C) UTILITIES Initial Backfill Sample Charge $50.00 $50.00 Proctor Type: Standard 1 $174.00 $174.00 Final Bac[cfill Sample Charge $50.00 $50.00 Proctor Type: Standard 1 $174.00 $174.00 Additional Test: Atterberg Limits and Gradation 1 $156.00 $156.00 Utility Trench Line Description: Utility Trenches Density Requirements: 95% std. -1 to +3% opt, Moisture 170 $38.00 $6,460.00 Test Frequency: 1 every 200 LF I Lift Inlets Number of Tnlets: Inlets Set Size: Concrete Cylinders (set of 4) 3 $152.00 $459.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 sat every 3 items PARKII~IG & PAVE Subgrade Description: 12" Compact Subgrade Sample Charge $50.00 $50.00 Proctor Type: Standard 1 $174.00 $174.06 Density Requirements: 95% std. -1 to +3% opt. Moisture 26 $38.00 $988.00 Test Frequency: 1 every 200 LF of each Lane 1 Lift Paving Section Base Description: 12" Compacted Limestone Base Sample Charge $50.00 $100.00 (Type A, Grade 1 Base Material) ProctarType: Modified 2 $174.00 $348.00 Density Requirements: 98%mod. ~- 1.5% 52 $38.40 $1,976.00 Test Frequency: 1 every 200 LF of each Lane /Lift Additional Test: Atterberg Limits and Gradation 2 $156.00 $312.00 Additional Test: LA Abrasion Loss 2 $289.00 $578.00 HMAC Description: Hot Mix Asphaltic Concrete Sample Charge $50.00 $150.00 Full Series Freq.: I every 500 Tons 3 $533.00 $1,599.00 Cored in Place Freq.: 3 per 500 Tons 9 $88.00 $792.00 Curb and Gutter Description: Curb & Gutter Density Requirements: 26 $38.00 $988.00 Density Frequency; 1 every 200 LF Description: Behind Curb & Gutter Density Requirements: 26 $3$.00 $985.00 Density Frequency: 1 every 200 LF Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days 11 $152.00 $1,672.00 Concrete Strength: 3000 PSI Test Frequency: 1 every 500 LF EXHIBIT "A" Pa a ~4 of 5 3 of 4 Date: August 27, 2610 Project Name: Mansheim & Helen {2008 Bond} City Project No.: 6491 Contact: Mr. Pete Anaya, P.E. -Director of Engineering Contact Information: City of Corpus Christi Sidewalk Description; Concrete Sidewalk /Curb Ramps Set Size: Concrete Cylinders {set of 4) 5 $152.00 $760.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 set every 4,000 SF Driveways 17escriptian: Concrete Driveways Set Size: Concrete Cylinders (set of 4) 45 $152.00 $6,840.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: 1 set per 2 Driveways CYLINDER PICK-UP FEES Number of Trips: 221 $39.00 $8,619.00 TRANSPORTATION FEES Location: Corpus Christi, Texas 515 $23.00 $11,845.00 ADMIN)<STRATION FEES 1 $58.00 $58.00 ESTIMATED TOTAL $74,747.00 'This is only an estimate. Please make note that the actual fees invoiced far 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. EXHiBtT "A" Pa e5of5 4 of 4 EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (Revised July 2009) CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until helshe has ob#ained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work un#il all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two {2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVi=RAGE 30-Day Notice of Cancellation required on all Bodily InJury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Farm 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products) Completed Operations Hazard 6. Contractuallnsurance 7. Broad Farm Property Damage t3. Independent Consultants 9. Personallnjury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITYI $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [ ] REQUIRED long-tern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements [ ]REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interest parties. iE=XkIIBIT "B•• Insurance Requirements 1Pa e 1 of 2 II. INDEMNIFICATION AND HOLD HARMLESS A. Consultant agrees to indemnify, save harmless and defend the City of Corpus Christl, 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 ou# 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 Carpus 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 an a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (14) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked ar is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 -Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. ~~ ,. III. On the certificate of insurance: • The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. • Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the wards "endeavor to" and the wording after "left". If the cancellation clause is not amended in the ACORD farm, then endorsements shall be submitted. • The name of the project also needs to be listed under "description of operations". • At least 10-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. EXHIBIT "B" Insurance Requtremersts Pa e2of2 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 7. SERVICES: "LAB" wi[I: 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 "LA8" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requiremen#s of the appropriate standards of the American 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 pertormed, 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 pertormed 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. ARTICLI= 2. CITY RESPONSIBILITIES: City Engineer pr 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 "1~B" 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 AGREEMI=NT 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 da#a, 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 far "LAB" to perform contracted services; (b) Furnish such labor and all facili#ies 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 6fl days after testing. ARTICLE 3. GENJEwRAL CONDITIONS 3.1 "LAB", by the pertormance of services covered hereunder, does not in any way assume, abridge pr abrogate any of those duties, responsibilities ar authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT archi#ects, 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 THl= 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 PROJl~CT 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 "Ir4B" will be on-site #o perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contrac#or'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 pf 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 6fl days following the date of submission of any report related to the sample. Following the reten#ion 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 pertormed 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 AGREEMI=NT 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 #hat, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible fior working conditions on THE PROJECT, including safety of ali persons and property during the performance of the work, and for EXHIBIT "C" Pa e2of3 compliance wi#h all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, #o 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. ARTIC!_E 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 nego#iation, 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, #hese terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining #erms will be in full effect and this AGREEMENT will be cans#rued 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 wri#ten approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obliga#ions of this AGREEMENT. EXHIBIT "C" Pa e3af3 ~~ ~l SUPPLIER NUMBER TO BE ASSIGNED BY~R'Y~` PURCHASING DIVISION wti.. City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not a~~Iicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. r. o, sox: STREET ADDRESS: 681'1 Leopard CITY: Carpus Christi ZIP: 78409 FIRM 1S; I. Corporation ® 2. Partnership ^ 3. Sole Owner ^ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa e.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 fob 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 "#"irm." 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 Beard, Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the sub,~ect of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT "D" Pa e 1 of 2 FILING REQUIREMENTS If a person who requests off cial 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 m 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 Prlnl) Title: Business Development Manager Signature of Certifying ~ 4 Date: Person: ~ ' ~ _ ~ ~ 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" Pa e 2 of 2