HomeMy WebLinkAboutC2016-038 - 1/26/2016 - NA AGREEMENT
for
Geotechnical 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 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: Citywide Street Preventative Maintenance Program (SPMP) Year 2 (Project No. E14021) ("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 $19,500.00. 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.
/
CITYO U' �l I , ROCK ENGINEERING &TESTING LABORATORY
.r�
/ 2 /� C-'*-- ,4 1 i--- 1 .- 16
Val rid H. Gray, P. . , l/ //'' D to Curtis A. Rock Date
Exe ive Director • *u•lic Works ( f Business Development Manager
6817 Leopard Street
Corpus Christi, TX 78409
RECOMMENDED (361) 883-4555 Office
icf
/67/
Operating Dep ment ate Project No. E14021
Accounting Unit: 1041-12415-051
APPROVED AS TO LEGAL FORM Account: 530000
(JUL,/
Activity: E14021011041EXP
6(-,(-4 luo v,, I'LI IUD D Account Category: 30000
Assistant City Attorney Date Fund Name: Street Fund
Encumbrance No.
APPROVED , 4.13'1,x'11 0,-V '/13 /0 1,),sd
' Wktt.kit,' -' Ilii Ii
Office of Man gement and Bud get ` Dat
ATTEST
2016-038
1/26/16 INDEXED
ITYWIDE STREET PREVENTATIVE MAINT PROGRAM YEAR 2\GEO TESTING ROCK\2015-1001 TESTING AGREEMENT DOC
Rock Engineering & Testing
Rev.09/30/15
•
C,
• GEOTECHNICAL ENGINEERING
T�iy •• CONSTRUCTION MATERIALS
ENGINEERING&TESTING
, , pc •o • SOILS•ASPHALT•CONCRETE
q♦roq `•GOP
November 9, 2015
City of Corpus Christi
Department of Engineering Services
Post Office Box 9277
Corpus Christi, Texas 78469-9277
Attention: Mr. J.H. Edmonds, P.E
Director of Capital Programs
SUBJECT: PROPOSAL TO PERFORM A SUPPLEMENTAL SUBSURFACE INVESTIGATION
AND LABORATORY TESTING PROGRAM AND PROVIDE PAVEMENT
RECOMMENDATIONS FOR THE
CITYWIDE STREET PREVENTATIVE MAINTENANCE PROGRAM
(SPMP) YEAR 2
City of Corpus Christi Project No. E14021
Corpus Christi,TX
RETL Proposal Number: P092215A(Revision 3)
Dear Mr. Edmonds,
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
pavement recommendations for the proposed pavement overlays to be done at 34 streets located in Corpus
Christi, Texas.
Based on information provided to RETL, the project will include the milling and overlaying of
approximately 95,000 total square yards of flexible pavement on 34 streets located in Corpus Christi,
Texas.
It should be noted that preliminary 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 Coym, Rehmet & Gutierrez, L.P., and with RETL's experience with soils in the area,
RETL will perform two cores per street and Hand Augers to recommended termination depths of 1-foot at
the subgrade at each core for the 34 streets to be overlaid (Total Number of Cores: 68; Total Linear Feet
of Drilling: 68 LF). The scope of work is outlined below.
ROCK ENGINEERING & TESTING LABORATORY,INC.
Corpus Christi San Antonio
Office:361.883.4555 Office:210.495.8000
Fax:361.883.4711 Fax:210.495.8015
6817 Leopard Si 10856 Vandale
Corpus Christi.TX 78409 San Antonio,TX 78216
www.rocktesting.com EXHIBIT"A"
Page 1 of 4
•
• Page 2 of 4 CITYWIDE STREET PREVENTATIVE MAINTENANCE PROGRAM;E14021
November 9,2015 Corpus Christi,Texas
Atm:Mr.J.H.Edmonds,P.E RETL Proposal No.: P092215A(Revision 3)
Scone of the Proposed Subsurface Investigation
• RETL, or a representative of the client, will stake the core locations in the field prior to the field
investigation and provide GPS coordinates for the core locations.
• The client shall perform due diligence to assure RETL that the core locations are accessible and clear
of private utilities and obstructions, such as piping, fences, shrubs and trees. The core locations will be
relocated if necessary.
• An experienced soil technician will log the cores in the field full-time during the drilling operations.
• RETL will require assistance from the client with traffic control and traffic control devices as required
by the City of Corpus Christi during our field investigations.
• RETL will use a core rig equipped with a diamond tip to core the existing pavement to access the soils
below,where applicable.
• The subgrade at each core location will be sampled to a depth of approximately 1-foot following using
a hand auger. The hand auger and sampling operations will be performed in accordance with the
procedures for "Standard Practice for Soil Exploration and Sampling by Auger Borings, (ASTM
D1452)." Portable static cone penetrometer tests will be performed at each sampling interval. The
hand auger borings may be terminated at a shallower depth if refusal is encountered.
• GPS coordinates, obtained in the field at the core 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,where applicable.
• After obtaining the groundwater readings, the open holes will be backfilled with excess soils obtained
during the drilling operations and patched with a cold mix.
Scone of Laboratory Testing Program
• Supplementary Visual Classification(ASTM D2487)
• Water Content Tests(ASTM D2216)
• Atterberg Limits Tests(ASTM D4318)
• Percent Material Finer Than The#200 Sieve Tests(ASTM D1140)
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 provided in the report.
Projected Schedule,
After authorization, it is estimated that the drilling operations can be completed within 20 to 30 business
days and the final report will be submitted within four 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.
ROCK ENGINEERING&TESTING LABORATORY,INC.
Corpus Christi San Antonio
Office:361.883.4555 Office:210.495.8000
Fax:361.883.4711 Fax:210.495.8015
6817 Leopard St. 10856 Vandale EXHIBIT"A"
Corpus Christi,TX 78409 San Antonio,TX 78216 Page 2 of 4
www.rocktesting.com
. Page 3 of 4 CITYWIDE STREET PREVENTATIVE MAINTENANCE PROGRAM;E14021
November 9,2015 Corpus Christi,Texas
Attn:Mr.J.H.Edmonds,P.E RETL Proposal No.: P092215A(Revision 3)
Geotechnical Engineering Report
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, a discussion of the engineering
properties of the subsurface materials encountered and pavement recommendations.
Fee and Limitations
We understand that we have been chosen to provide these services for this publicly funded project.
Therefore, by providing cost information, we are not in violation of the Texas Professional Services
Procurement Act.
The total fee to perform the scope of work outlined above is $19,500.00
The Total Project Fee includes the field investigation, laboratory testing,pavement recommendations, and
report preparation. The following items will be added to the final invoice as required:
1. Standby time: $275.00 per hour/per company.
2. Additional cores/patches: $287.00 each.
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 fmal 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 core locations
are inaccessible. Mechanical assistance required to access the core 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 core locations are clear of underground utilities and accessible to drilling
equipment in order for RETL to fulfill the Scope of Services included hereunder.
The Parties to this agreement agree that if any claim is made that RETL failed to comply with any term of
this agreement or that it failed to perform its work and/or duties under this agreement properly, the client,
upon proof that there was some failure to comply or some mistake in the performance of the work, shall
not be entitled to recover any sum greater than the amount paid by the client to RETL for the service
performed by RETL or$25,000.00 whichever is less.
ROCK ENGINEERING&TESTING LABORATORY,INC.
Corpus Christi San Antonio
Office:361.883.4555 Office:210.495.8000
Fax:361.883.4711 Fax:210.495.8015
6817 Leopard St. 10856 Vandale EXHIBIT"A"
Corpus Christi,TX 78409 San Antonio,TX 78216 Page 3 of 4
www.rocktesting.com
•
•. ••Page 4 of 4 CITYWIDE STREET PREVENTATIVE MAINTENANCE PROGRAM; E14021
November 9,2015 Corpus Christi,Texas
Attn:Mr.J.H.Edmonds,P.E RETL Proposal No.:P092215A(Revision 3)
In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest
extent permitted by law, to indemnify and hold harmless RETL, his or her officers, directors, employees,
agents and sub consultants from and against all damage, liability or cost, including reasonable attorneys'
fees and defense costs, arising out of or in any way connected with this project or the performance by any
of the above named parties of the services under this Agreement,excepting only those damages, liabilities
or costs attributable to the sole negligence or willful misconduct of RETL.
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.
glming
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 ex. 413.
Sincerely, ACCEPTED AND APPROVED
OCICIAAAA (1444.t By
Damali F.Vera,E.I.T. Print
Graduate 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
Office:361.883.4555 Office:210.495.8000
Fax:361.883.4711 Fax:210.495.8015
6817 Leopard St. 10856 Vandale EXHIBIT"A"
Corpus Christi,TX 78409 San Antonio,TX 78216 Page 4 of 4
www.rocktesting.com
•
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.
Testing Agreement T&C
Rev. 09/29/15
Page 1 of 6
Exhibit"B"
•
•
2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to:
(a) Stop work at the appropriate times for Lab to perform contracted services;
(b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the
Project and to facilitate the specified inspection and tests;
(c) Provide and maintain for use of Lab adequate space at the Project for safe storage and
proper curing of test specimens 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, volunteers, directors and representatives ("Indemnitee")
from and against any and all claims, damages, liabilities or costs, including reasonable
attorney fees and defense costs, to the extent that the damage is caused by or results
Testing Agreement T&C
Rev. 09/29/15
Page 2 of 6
Exhibit"B"
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.
If the liability results solely from the negligent acts or omissions of the Lab, the Lab shall
also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is
based wholly or partly on the negligence of, fault of or breach of contract by the City, 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
Insurance is required for contracts that exceed $50,000 or if a contract is amended such that the
restated fee exceeds $50,000.
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.
Testing Agreement T&C
Rev. 09/29/15
Page 3 of 6
Exhibit"B"
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 not included in face value of
the policy)
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.
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:
Testing Agreement T&C
Rev. 09/29/15
Page 4 of 6
Exhibit"B"
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;
(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.
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.
Testing Agreement T&C
Rev. 09/29/15
Page 5 of 6
Exhibit"B"
ARTICLE 11. CONFLICT OF INTERESTS
11.1 Lab agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part
of this Agreement, the Disclosure of Interests form.
11.2 Lab agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete
and file Form CIQ with the City of Corpus Christi City Secretary's Office. 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/government/city-secretary/conflict-
disclosure/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.
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.
Testing Agreement T&C
Rev. 09/29/15
Page 6 of 6
Exhibit"B"
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%
O & 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%
m
obi 2
°, A
•
ILD102
City f CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
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. Everyquestion must be answered.
If the question is not applicable, answer with "NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: Rock Engineering and Testing Laboratory,Inc.
P.O. BOX: N/A
STREET ADDRESS: 6817 Leopard Street CITY: Corpus Christi ZIP: 78409
FIRM IS: I. Corporation 2. Partnership 3. Sole Owner 0
4. Association _ 5. Other _
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the Cityof 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
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
?Ickr"\11-1S C.oY r SSior1
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an "ownership
interest"constituting 3% or more of the ownership in the above named"firm."
Name Consultant
•
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof,you shall
disclose that fact in a signed writing to the City official,employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Curtis A.Rock Title: Business Development Manager
(Type or Print)
Signature of Certifying Date:
Person: a- u-I r.
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.