HomeMy WebLinkAboutC2016-049 - 2/15/2016 - NA r
TERMINATION TO CONSTRUCTION MATERIALS TESTING AGREEMENT
for
Rock Engineering & Testing Laboratory, Inc.
The AGREEMENT terminates the previously executed Construction Materials Testing Agreement
between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through
its duly authorized City Manager or designee and ROCK ENGINEERING & TESTING LABORATORY, INC. a
Texas corporation or partnership ("Rock Engineering"), acting through its duly authorized representative who is
Curtis Rock.
I. The City and Rock Engineering executed the attached Construction Materials Testing and Engineering
Services Agreement for professional services in connection with the City's Project No. E12090,
Navigation Boulevard from Up River Road to Leopard Street (Bond 2012) (Project) on July 30, 2011;
II. The City redesigned the Project and is terminating the previously executed Construction Mater\als
Testing Agreement with Rock Engineering.
III. Rock Engineering represents and maintains the following:
A. No work has been performed by Rock Engineering under the attached agreement, and no fees are
owed to Rock Engineering under the agreement.
B. Rock Engineering has returned all City property associated with the attached agreement.
IV. Agreement for Construction Materials Testing and Engineering Services executed on July 30, 2011, for
Rock Engineering to provide professional services in connection with Project No. E12090 — Navigation
Boulevard from Up River Road to Leopard Street (Bond 2012) for a total fee of $62,044.00 is
terminated.
ROCK ENGINEERING & TESTING
CITY OF CORPUS CHRISTI LABORATORY, INC.
1�
11 , , . IL& 21/65 a-61-16
r erie H. Gr:y, P.E (Date) Cu <Rock (Date)
Executive Director • Public Works Business Development Manager
6817 Leopard Street
Corpus Christi, TX 78409
(361) 883-4555 Office
APPROVED AS TO LEGAL FORM
d/ 2-9 l6
egal Department / (Date)
2016-049
2/15/16
Rock Engineering& Testing
INDEXED
ilk
kimsoftwoloomoo August 1, 2014
City of
Curtis A. Rock
Corpus Rock Engineering and Testing Laboratory
Christi 6817 Leopard Street
Corpus Christi, TX 78409
Subject: Navigation Blvd. from Up River Rd. to Leopard Street
(Project No. E12090)
CAPITAL
PROGRAMS Dear Mr. Rock,
1'.O.Box 9277 Enclosed is executed Agreement which was approved by council on July 29, 2014 by
Ordinance No. 030241 for providing "LAB" Services for the above referenced City
Corpus Christi project per Exhibit A attached, and is for an amount not to exceed $62,044.00
Texas 78469-9277
Phone 361-826-3500 Please proceed per Agreement.
Fax 361-826-3501
Invoices should reference the above Project Name and Number as shown, and
www.cctexas.com
submitted to my attention to The City of Corpus Christi, Department of Capital
Programs, P. O. Box 9277, Corpus Christi, TX 78469.
Construction Inspection
4917 Road
Corpus Christi Sincerely,
Texas 78411
Phone 361-826-3555Fax 361-826-3520 Natasha Fudge,
Acting Director of Capital Programs
Survey
4917 Holly Road
Corpus Christi DB:rb
Encl.
Texas 78411
Phone 361-826-3555 cc: Valerie H. Gray, P.E., Interim Executive Director of Public Works
Fax 361-826-3520 Natasha Fudge. P.E., Acting Director of Capital Programs
Ruth Brown, Management Assistant
Senona Casas, Management Aide
Clarissa Johnson, Contract/Fund Administrator
Velma Pena, Contract/Fund Administrator
Jennifer Ramirez, Contract/Funds Administrator
Angie Menchaca, Contracts/Funds Administrator
AGREEMENT
for
Construction Materials Testing and Engineering Services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule
municipal corporation ("CITY"), acting through its duly authorized City Manager or designee
("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas
corporation or partnership ("LAB"), acting through its duly authorized representative who is
Curtis A. Rock, Business 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: Navigation Boulevard from Up River
Road to Leopard Street BOND 2012 (Project No. El 2090) ("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 $62,044.00 (Sixty Two Thousand Forty Four Dollars and Zero Cents). Monthly
invoice will be submitted in accordance with Exhibit "D".
4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify,
save harmless and defend the City of Corpus Christi, and its agents, servants, and employees
as more fully set forth in Exhibit "B".
5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND
CONDITIONS AT THE PROJECT SITE. To the best of the City's knowledge, based upon
currently available information, the only hazardous or toxic materials, as defined by the laws and
regulations of the Federal government, the state, and city which exist at the PROJECT SITE are
as follows: None.
CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING
LABORATORY
LA/ k. r C -WZ 7 - 7 - 14
Natasha Fudge, P.E. (Date) Curtis A. Rock (Date)
Acting Director of Capital Programs Business Development Manager
6817 Leopard Street
Corpus Christi, TX 78409
(361) 883-4555 Office
REC MMENgED� (361) 883-4711 Fax
1 ) 13 tom"
Valdri Gray, P. . (Date) ti� 1 _�; �-� l
A IiUKILu
Direr r of Street Operationssy MACH_ I
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K\ENGINEERING DATAEXCHANGE ANGIEM\STREET\E12090 NAVIGATION BLVD-UP RIVER TO LEOPARD BOND ISSUE 2012\TESTING\ROCK DOC
•
•
•
APIgfEProject No. E12090
6
/ 6
Fund Source No. 550920-3549-00000-E12090
( .44, � � ��"� Fund Name: Street CIP BOND 2012
O ice f Management (Date) ( -- Encumbrance No. j= 1 ?t,C1(` - ef,i
and Budget I� 1, a . 14- f$
ATTEST
Rebecca Huerta, City Secretary (Date)
K(ENGINEERING DATAEXCHANGE\ANGIEM\STREET1E12090 NAVIGATION BLVD-UP RIVER TO LEOPARD BOND ISSUE 20121TESTING ROCKDOC
•
• d r • GEOTECHNICAL ENGINEERING
r, • CONSTRUCTION MATERIALS
t • O C ENGINEERING&TESTING
• SOILS•ASPHALT•CONCRETE
44 . , .
May 30, 2014
City of Corpus Christi
P.O. Box 9277
Corpus Christi,Texas 78401
Attention: Ms. Natasha Fudge, P.E. —Director of Engineering Services
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
Navigation Boulevard—Up River Road to Leopard Street
City Project No.: E12090
Corpus Christi,Texas
RETL Proposal Number: P052714D
Dear Ms. Fudge,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be
selected to perform the required Construction Materials Testing for the above referenced project. The
Estimated Construction Materials Testing Budget for this project is$62,044.00.
We understand that we have been chosen to provide these services for this publicly funded
project. Therefore, by providing cost information we are not in violation of the Texas
Professional Services Procurement Act.
The estimated construction materials testing budget is based on a review of the information provided
to RETL. An estimated breakdown of field and laboratory testing required is included as an
attachment.
Please 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.
Please be advised that weekend Technician time will be invoiced portal to portal at an
additional rate of$31.00 per hour.
RETL appreciates your consideration of our firm to assist you during the construction phase of your
project. If you agree with this proposal, please sign the attached Laboratory Testing Services
Agreement, submit the Distribution List and provide billing information. Please do not hesitate to
contact me at(361) 883-4555 extension 15 if you have any questions regarding the proposal or would
like to discuss further.
Sincerely,
,i4.0,41A40 k20.3,0
Sandra Kirk
Project Estimator
ROCK ENGINEERING&TESTING LABORATORY,INC.
6817 LEOPARD STREET•CORPUS CHRISTI.TEXAS,78409 EXHIBIT"A"
OFFICE: (361)883-4555•FAX: (361)883-4711•www.rocktesting.com Page 1 of 2
.
Date: May 30,2014
Project Navigation Boulevard-Up River Road to Leopard Street(Bond 2012)
Proposal No: P052714D
Contact Ms.Natasha Fudge.P.E.-Director of Engineering Services
Client City of Corpus Christi
Test Quantity Test Unit Unit Fee Fee
SOILS TESTING
Standard Proctor-Trench Backfill(Per Material Source) I EA. $215.00 $215.00
Standard Proctor-Subgrade(Per Street) 1 EA. $215.00 $215.00
Densities-Subgrade-Trench Backfill-(Per 200 LF Trench/Lift) 277 EA. $44.00 $12,188.00
Densities-Subgrade(Street)-(Per 310 SY) 101 EA. $44.00 $4,444.00
Densities-Subgrade(Driveways)-(Per 2 Driveways) 27 EA. $44.00 $1,188.00
Densities-Subgrade(Sidewalks)-(Per 5000 SF) 7 EA. $44.00 $308.00
FLEX BASE:
Steve Analysis-(Per 3000 CV) 2 EA. $94.00 $188.00
Atterberg Limits-(Per 3000 CY) 2 EA. $94.00 $188.00
Modified Proctor-(Per 3000 CV) 2 EA. $253.00 $506.00
LA Abrasion-(Per 3000 CV) 2 EA. $321.00 $642.00
CBR(Standard)-(Per Material Source) 1 EA. $743.00 $743.00
Densities of Compacted Base-(Per 310 SY/Lift) 101 EA. $44.00 $4,444.00
Wet Ball Mill Test-(Per Material Source) 1 EA. $321.00 $321.00
HOT-MIX ASPHALT CONCRETE(HMAC);
Asphalt Full Series-(Per 500 Tons or Day) 7 EA. $743.00 $5,201.00
Asphalt Core In-Place Density(Per 1000 LF Street) 2 EA. $99.00 $198.00
CONCRETE: (1 0 7 days,1 ®14 dys&3 0 28 days)
Header Curb-(Per 500 LF Curb) 18 Set of 5 $220.00 $3,960.00
Sidewalks&Curb Ramps-(Per 4000 SF) 9 Set of 5 $220.00 $1,980.00
Driveways-(Per 2500 SF) 10 Set of 5 $220.00 $2,200.00
Curb,Post,&Grate Inlets-(Per 6 Each) 6 Set of 5 $220.00 $1,320.00
Box Culverts(Cast-In-Place)-(Per 100 LF) 1 Set of 5 $220.00 $220.00
Storm Sewer Manholes(Cast-In-Place)-(Per 2 Each) 10 Set of 5 $220.00 $2,200.00
RipRap,Aprons&S.E.T.s-(Per 4000 SF) 1 Set of 5 $220.00 $220.00
Manhole Base/Footing-(Per 10 Each) 2 Set of 5 $220.00 $440.00
RIGID PAVEMENT: (1 0 7 days&3 0 28 days)
Flexural Beam Strength(Includes Stump)-(Per 2500 SY or Day) 12 Set of 4 $232.00 $2,784.00
Air Content-(Per 2500 SY or Day) 12 Set of 4 $15.00 $180.00
CYLINDER PICK-UP FEES
Number of Trips 28 EA. $43.00 $1,204.00
MATERIAL SAMPLING FEES 6 EA. $57.00 $342.00
Number of Trips
VEHICLE CHARGE PER TRIP 184 EA. $45.00 $8280.00
Location:Corpus Christi,Texas
ADMINISTRATION FEE (1 Time Fee Per Project) 1 EA. $85.00 $85.00
SUBTOTAL $56,404.00
10%CONTINGENCY $5,640.00
GRAND TOTAL $62,044.00
"This Is only an estimate. Please make a note tht the actual fees Invoiced fro 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
jobske,elapsed time from technician arrival to commencement of testing activities,and any time the technician is required to be on-
site but not performing testing activities.
EXHIBIT"A"
1 of 1 Page 2 of 2
EXHIBIT"B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR NE PROFESSIONAL SERVICES/CONSULTANT SERVICES
(Revised October 2010)
A. Consultant must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. The
Consultant must not allow any subcontractor to commence work until all similar insurance
required of the subcontractor has been obtained.
B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverages by insurance company(s) acceptable
to the City's Risk Manager. The City must be named as an additional insured for all liability
policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Written Notice of Cancellation, Bodily Injury& Property Damage
non-renewal or material change required Per occurrence- aggregate
on all certificates
COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT
including:
1. Broad Form
2. Premises-Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT
1. Owned vehicles
2.. Hired—Non-owned vehicles
PROFESSIONAL LIABILITY including: $1,000,000 per claim/$2,000,000
Coverage provided shall cover all aggregate
employees, officers, directors and agents (Defense costs not included in face value
1. Errors and Omissions 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
an Insured
WORKERS' COMPENSATION Which Complies with the Texas Workers
Compensation Act
EMPLOYERS' LIABILITY 500,000/500,000/500,000
EXHIBIT"B"
Page 1 of 3
•
•
C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies
of all reports within (10)ten days of accident.
D. Consultant must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met.
E. Consultants financial integrity is of interest to the City; therefore, subject to
Successful Consultants right to maintain reasonable deductibles in such amounts as are
approved by the City, Consultant shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Consultant'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.
F. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law
or regulation binding upon either of the parties hereto or the underwriter of any such
policies). Consultant shall be required to comply with any such requests and shall submit a
copy of the replacement certificate of insurance to City at the address provided below within
10 days of the requested change. Consultant 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: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
Fax: (361) 826-4555
G. Consultant agrees that with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
i. Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and
activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers' compensation and professional liability polices;
ii. 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;
iii. Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
iv. 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.
EXHIBIT"B"
Pa.e 2 of 3
•
•
H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage,
Successful Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant'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.
I. In addition to any other remedies the City may have upon Consultant'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 Consultant to stop work hereunder, and/or
withhold any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
J. Nothing herein contained shall be construed as limiting in any way the extent to which
Successful Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of the work covered
under this agreement.
K. It is agreed that Consultant'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 contract.
L. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and
its agents, servants, and employees, and each of them against and hold it and them
harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses,
including court costs and attorneys' fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damage to any
property, which may arise or which may be alleged to have arisen out of or in
connection with the negligent performance of Consultant's services covered by this
contract. The foregoing indemnity shall apply except if such injury, death or damage
is caused by the sole or concurrent negligence of the City of Corpus Christi, its
agents, servants, or employees or any other person indemnified hereunder.
EXHIBIT"B"
Page 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.
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 his authorized representative, documentation of
such calibration.
Secure representative samples of those materials that the City's Contractor proposes to use
which require testing, together with relevant data concerning such materials including the point of
origin and supplier.
1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or
agencies specifically designated in writing by the"CITY ENGINEER".
1.6 Retain records relating to services performed for "CITY" for a period of two years following
submission of any reports, during which period the records will be made available to the"CITY"at
all reasonable times.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and
any other similar payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will:
2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings
and other information for the proper performance of services by"LAB".
2.2 Issue authorization in writing giving "LAB"free access to THE PROJECT site, and to all shops or
yards where materials are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with
respect to "LAB'S" services to be performed under this AGREEMENT and which must be
promptly notified by "LAB" when it appears that materials tested or inspected are in non-
compliance. Only the "CITY ENGINEER" or his designated representative have authority to
transmit instructions, receive information and data, interpret and define the CITY's policies and
decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY"
representatives may have different types of authority concerning THE PROJECT.
2.4 Advise"LAB"sufficiently in advance of any operations so as to allow for assignment of personnel
by"LAB"for completion of the required services. Such advance notice will be in accordance with
that established by mutual agreement of the parties.
2.5 Direct THE PROJECT contractor,either by the Construction Contract or direct written order to:
EXHIBIT"C"
Page 1 of 3
(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 which must remain on THE PROJECT site prior to, during, and
up to 60 days after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge
or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT
which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any
other design agencies or authorities.
3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE
PROJECT specifications or other contract documents nor to approve or accept any portion of the
work. "LAB"does not have the right of rejection or the right to stop the work. "CITY ENGINEER"
will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the
sampling,testing, or inspection of operations covered by the AGREEMENT.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 "CITY"and "LAB" agree that"LAB"will be on-site to perform inspections for contracted services.
The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT
Contractor's means, methods, techniques, sequences or procedures of construction, and it is
understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of
his responsibilities for performing the work in accordance with THE PROJECT plans and
specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean
periodic observation of the work and the conducting of tests by "LAB" as specified in the
AGREEMENT. Continuous monitoring by"LAB"or its subcontractors does not mean that"LAB" is
approving placement of materials. Inspection is not and should not be construed to be a warranty
by"LAB"to the"CITY"or any other party.
4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of
the"LAB". "LAB" will retain the samples for a period of 60 days following the date of submission
of any report related to the sample. Following the retention period, "LAB" will dispose of non-
hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples
containers and residues to "CITY". "CITY" agrees to accept such samples and samples
containers.
ARTICLE 5. STANDARD OF CARE AND WARRANTY
Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill
ordinarily exercised by reputable members of the profession currently practicing under similar conditions
in the same locality. No other warranty either expressed or implied is made or intended by the
AGREEMENT or any reports. "LAB"will not be responsible for the interpretation or use by others of data
developed by"LAB".
ARTICLE 6. SAFETY
"CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the
PROJECT'S general contractor will be solely and completely responsible for working conditions on THE
PROJECT, including safety of all persons and property during the performance of the work, and for
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.
EXHIBIT"C"
Pa!e2of3
ARTICLE 7. INVOICES AND PAYMENT
"LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of
services. Each invoice is due and payable by"CITY"within 30 days of receipt and approval to pay by the
City Engineer.
ARTICLE 8. EXTENT OF AGREEMENT
8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire
AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations
or agreements, written or oral. This AGREEMENT may be amended only by a written instrument
signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between
these terms and conditions and this AGREEMENT, these terms and conditions are controlling.
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 terms will be in full
effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were
never included in this AGREEMENT. No waiver of any default will be a waiver of any future
default
8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but
"LAB" may subcontract laboratory procedures as"LAB"deems necessary to meet the obligations
of this AGREEMENT.
EXHIBIT"C"
Page 3 of 3
COMPLETE PROJECT NAME
Project No.xxxxxx
Invoice No. 12345
Invoice Date:
Total Amount Previous T
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Im
Preliminary Phase $15,117 $0 $0 $15,117 $0 $1,000
Design Phase 20,818 0 0 20,818 1,000 500
Bid Phase 0 0 0 0 0 0
Report Phase 14,166 0 0 14,166 0 0
Construction Phase 0 0 0 0 0 0
Subtotal Basic Services $50,101 $0 $0 $50,101 $750 $1,500
Additional Services:
Permitting $0 $0 $0 $0 $0 $0
Warranty Phase 0 0 0 0 0 0
Inspection 9,011 0 0 9,011 0 0
Platting Survey 29,090 0 0 29,090 0 0
Reporting 1,294 0 0 1,294 0 0
0& M Manuals TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $39,395 $0 $0 $39,395 $0 $0
Summary of Fees
Basic Services Fees $50,101 $0 $0 $50,101 $750 $1,500
Additional Services Fees 39,395 0 0 39,395 0 0
= Total of Fees $89,496 $0 $0 $89,496 $750 $1,500
i a
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•
1;k1 SUPPLIER NUMBER
TO BE ASSIGNED BY Cl FY
a PURCHASING DIVISION
CITY OF CORPUS CHRISTI
City ofus 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 applicable, answer with'NA". See reverse side for Filing Requirements.
Certifications and definitions.
COMPANY NAME: Rock Engineering& Testing Laboratory, Inc.
P.O. BOX:
STREET ADDRESS: 6817 Leopard Street CITY: Corpus Christi ZIP: 78409
FIRM IS: 1. 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.
I.'State the names of each "employee" of the City of Corpus Christi havinv, an "ownership
interest"constituting 3%or more of the ownership in the above named "firm.'
N itA 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."
N�iR 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."
me . L Board,commission or Committee
rk S ROCA( 1�1ahnC.or n t SS k olr‘
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 NI 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
)Typo or Print) (�
Signature of Certifying Date: _ 'S_ ,u
Person: "�`4 1
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.