HomeMy WebLinkAboutC2017-027 - 1/31/2017 - Approved 12 ct
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, Chief Operating Officer, which agree as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project,
described as follows: Gollihar Road from Carroll Lane to Kostorvz Road BOND 2014(Project No. E130891
("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 $59.359.00. 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.
CITY OF CORPUS ' 'ISTI ROCK ENGINEERING &TESTING
LABO ORY, INC.
/ 6/4* January 9,2017
J.H. dmonds, P.E. Date Curtis A. Rock Date
Director of Engineering Services Chief Operating Officer
6817 Leopard Street
Corpus Christi, TX 78409
RECOMMENDED (361) 883-4555 Office
C& { /////7
Operating Department D>4te
OKttt>.
APPROVED S TO LEGAL FORM ,Y (`Ot}8('ll �...:1.�.
Assistant City Attorney Date SECRETARY
2017-027
1/31/17
M2017-017 513089 GOLLINAR FROM CARROLL TO KOSTORYZ BOND ISSUE 20141ROCK CMT15 1215 TESTING AGREEMENT DOC
Rev.12/15/15
Rock Engineering & Testing INDEXED
•
APPROVED , '/
cfr
Office of Managemea#� Date Project No. E13089
and Budget -� � Accounting Unit: 3551-051
Account: 550920
Activity: El 3089013551 EXP
ATTEST Account Category; 50920
Fund Name: Street CIP BOND 2014
e 1te/C7t Encumbrance No.
Rebecca Huerta Date
City Secretary ;_/C.,7/ 1
K\ENGINEERING DATAEXCHANGEIANGIEMISTREET1E13088 GOLLIHAR FROM CARROLL TO KOSTORYZ BOND ISSUE 20141ROCK CMR15_1215 TESTING AGREEMENT.DOC
Rev.12/15/15
10,0a r •GEOTECHNICAL ENGINEERING
Fe •CONSTRUCTION MATERIALS ENGINEERING TESTING
t, O .o •SOILS•ASPHALT•CONCRETE
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4
'f• r
Wednesday, December 21,2016
City of Corpus Christi
1201 Leopard St
Corpus Christi,TX 78401
Attn: Jeffrey Edmonds,P.E.
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
E13089-Gollihar Rd Improvements-Kostoryz to Carroll
Corpus Christi,TX
RETL Proposal Number: P122016B
Dear Jeffrey Edmonds,P.E.
Rock Engineering and Testing Laboratory,Inc.(RETL) (TBPE Firm No.2101)is pleased to be selected to perform the
Construction Materials Testing for the above referenced project.The Construction Materials Testing for the proposed
construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this
proposal.
The estimated testing for this project is $59,359.00 1
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.
In order to best respond to the project testing needs and schedules,please schedule testing a minimum of 48 hours in
advance in order to defer any potential delays.
RETL strives to accomodate all testing requests as they are received and can make accomodations with advanced
notice to schedules.
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/Holiday/Overtime Laboratory and Field Testing will be billed at an addtional
$38.00
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 415 if you have any
questions regarding the proposal or would like to discuss further.
Sincerely,
Pablo Schmitt
Estimator
Rock Engineering and Testing
ROCK ENGINEERING TESTING LABORATORY,INC
6817 LEOPARD STREET•CORPUS CHRISTI,TEXAS,78409
OFFICE: (361)883-4555•FAX: (361)883-4711•www.rocktesting.com
Wednesday,December 21,2016 Page 1 of 5
EXHIBIT "A"
Page 1 of 5
P122016B
; j E13089—Gollihar Rd Improvements-Kostoryz to Carroll
OC V4
°O9,,T. City of Corpus Christi
Ar
Corpus Christi,TX
Jeffrey Edmonds,P.E.
01.LABORATORY UFTS/MIN QTYFREQ QTY RATE AMOUNT
G.PERSONNEL
Admin Fee
LS-Lump Sum
P119 ADMINISTRATION FEE(1 time per project) 1 1 1 Is $79.00 $79.00
01.LABORATORY SUBTOTAL $79.00
Wednesday,December 21,2016 Page 2 of 5
EXHIBIT "A"
Page 2 of 5
u s P122016B
o�41' '• E13089—Gollihar Rd Improvements-Kostoryz to Carroll
e°g4f
ORrFey
City of Corpus Christi
Corpus Christi,TX
Jeffrey Edmonds,P.E.
02.SOILS LIFTS/MIN QTYFREQ QTY RATE AMOUNT
Al.SUBGRADE
Densities Asphalt Street
LF-1 per 100 LF of each lane/lift
S600-1 NUCLEAR FIELD DENSITY(ASTM D6938) 1 130 130 ea $47.00 $6,110.00
V486 VEHICLE 1 13 13 trip $48.00 $624.00
Densities Curb&Gutter
LF-1per 500LF
S600-1 NUCLEAR FIELD DENSITY(ASTM D6938) 1 27 27 ea $47.00 $1,269.00
V486 VEHICLE 1 5 5 trip $48.00 $240.00
Densities Driveway
EA-1 every 2
5600-1 NUCLEAR FIELD DENSITY(ASTM D6938) 1 12 12 ea $47.00 $564.00
V486 VEHICLE 1 6 6 trip $48.00 $288.00
Densities Sidewalks
LF-1 per 5000 LF
S600-1 NUCLEAR FIELD DENSITY(ASTM 06938) 1 8 8 ea $47.00 $376.00
V486 VEHICLE 1 2 2 trip $48.00 $96.00
Raw Subgrade
EA-1 each material type
5190 MATERIALS SAMPLING CHARGE 1 1 1 ea $60.00 $60.00
5510 PROCTOR-STANDARD ASTM D698 1 1 1 ea $226.00 $226.00
V486 VEHICLE 1 1 1 trip $48.00 $48.00
A5.BACKFILL
Densities Trench Backfill
LF-1 per 200 IF of each lane/lift
S600-1 NUCLEAR FIELD DENSITY(ASTM D6938) 1 362 362 ea $47.00 $17,014.00
V486 VEHICLE 1 37 37 trip $48.00 $1,776.00
Trench Backfill
EA-1 each material type
S190 MATERIALS SAMPUNG CHARGE 1 1 1 ea $60.00 $60.00
5510 PROCTOR-STANDARD ASTM D698 1 1 1 ea $226.00 $226.00
V486 VEHICLE 1 1 1 trip $48.00 $48.00
Wednesday,December 21,2016 Page 3 of 5
IEXHIBIT "A"
Page 3 of 5
os P122016B
o�•1? Tar, E13089—Gollihar Rd Improvements-Kostoryz to Carroll
<. ' OC:a4.0
eOq4,0
r City of Corpus Christi
° ifAY
Corpus Christi,TX
Jeffrey Edmonds,P.E.
02.SOILS SUBTOTAL $29,025.00
03.FLEXIBLE BASE LIFTS/MIN QTYFREQ WY RATE AMOUNT
A.3.FLEX BASE
Densities Compacted Curb&Gutter
LF-1 per 200 LF
S600-1 NUCLEAR FIELD DENSITY(ASTM D6938) 1 27 27 ea $47.00 $1,269.00
V486 VEHICLE 1 4 4 trip $48.00 $192.00
Densities of Compacted Base
LF-1 per 100 LF of each lane/lift
S600-1 NUCLEAR FIELD DENSITY(ASTM D6938) 1 260 260 ea $47.00 $12,220.00
V486 VEHICLE 1 26 26 trip $48.00 $1,248.00
03.FLEXIBLE BASE SUBTOTAL $14,929.00
04.HOT MIX ASPHALT CONCRETE LIFTS/MIN QTYFREQ QTY RATE AMOUNT
B.ASPHALT
Full Series
I-1 per 500 tons
ATOS ASPHALT FULL SERIES 1 10 10 ea $667.00 $6,670.00
S191 SAMPLE PREPARATION CHARGE 1 10 10 hr $72.00 $720.00
In Place Cores
LF-1 per 1000 LF of street
A202 ASPHALT CORING/THICKNESS/DENSITY 1 3 3 ea $104.00 $312.00
V486 VEHICLE 1 1 1 trip $48.00 $48.00
04.HOT MIX ASPHALT CONCRETE SUBTOTAL $7,750.00
Wednesday,December 21,2016 Page 4 of S
lEXHIBIT "A" I
Page 4 of 5
P1220P12201613e.���4P`� 'b,,. E13089-Gollihar Rd Improvements-Kostoryz to Carroll
<. rOC :�
4eOA4r City of Corpus Christi
40A
Corpus Christi,TX
Jeffrey Edmonds,P.E.
05.CONCRETE CYLINDERS LIFTS/MIN QTYFREQ QTY RATE AMOUNT
Cl.CONCRETE
Curb&Gutter
1@7,3@28
LF-1 set every 500 LF
C301-1 CONCRETE CYLINDERS(Min 4) 4 11 44 ea $47.00 $2,068.00
5399 CONCRETE CYLINDERS PICK UP FEE 1 6 6 pour $46.00 $276.00
V486 VEHICLE 1 7 7 trip $48.00 $336.00
Curb Post&Grate Inlets
1@7,3@28
EA-1 set every 6 each
C301-1 CONCRETE CYLINDERS(Min 4) 4 3 12 ea $47.00 $564.00
5399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour $46.00 $92.00
V486 VEHICLE 1 3 3 trip $48.00 $144.00
Driveways
1@7,3@28
SF-1 set every 2500 SF
C301-1 CONCRETE CYLINDERS(Min 4) 4 4 16 ea $47.00 $752.00
S399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour $46.00 $92.00
V486 VEHICLE 1 6 6 trip $48.00 $288.00
Manhole Base/Footing
1@7,3@28
EA-1 set every 10 each
C301-1 CONCRETE CYLINDERS(Min 4) 4 2 8 ea $47.00 $376.00
5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $46.00 $46.00
V486 VEHICLE 1 3 3 trip $48.00 $144.00
Sidewalk
1@7,3@28
SF-1 set every 4000 SF
C301-1 CONCRETE CYLINDERS(Min 4) 4 10 40 ea $47.00 $1,880.00
S399 CONCRETE CYLINDERS PICK UP FEE 1 5 5 pour $46.00 $230.00
V486 VEHICLE 1 6 6 trip $48.00 $288.00
05.CONCRETE CYLINDERS SUBTOTAL $7,576.00
GRAND TOTAL $59,359.00
Special inspection such as REBAR INSPECTION are not included in this proposal.Please contact us for a quote for these items if
needed.
Wednesday,December 21,2016 Page 5 of 5
EXHIBIT "A"
Page 5 of 5
•
TERMS AND CONDITIONS TO TESTING AGREEMENT
ARTICLE 1. SERVICES: Lab will:
1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the
technical or professional areas of expertise of Lab and which Lab is adequately staffed and
equipped to perform.
1.2 Perform technical services under the supervision of a licensed professional engineer and in
compliance with the basic requirements of the appropriate standards of the American Society for
Testing and Materials, where applicable, and other standards designated in writing by the City
Engineer.
1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services
performed indicating, where applicable, compliance with the Project specifications or other
contract documents. Such reports must be complete and factual, citing the tests performed,
methods employed, values obtained and parts of the structure of the Project area subjected to
any testing.
1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon
request, submit to the City Engineer or designee documentation of such calibration.
Secure representative samples of those materials that the City's contractor proposes to use
which require testing, together with relevant data concerning such materials including the point of
origin and supplier.
1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or
agencies specifically designated in writing by the City Engineer.
1.6 Retain records relating to services performed for City for a period of two years following
submission of any reports, during which period the records will be made available to the City at all
reasonable times.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and
any other similar payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will:
2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and
other information for the proper performance of services by Lab.
2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards
where materials are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the City's representative with respect
to Lab's services to be performed under this Agreement and which must be promptly notified by
Lab when it appears that materials tested or inspected are in non-compliance. Only the City
Engineer or designee has authority to transmit instructions, receive information and data and/or
interpret and define the City's policies and decisions with respect to the Project. Lab
acknowledges that certain City representatives may have different types of authority concerning
the Project.
2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel
by Lab for completion of the required services. Such advance notice will be in accordance with
that established by mutual agreement of the parties.
2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to:
IEXHIBIT"B"
Page 1 of 6
(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, or other entity, excluding the engineer or
architect or that person's agent, employee or subconsultant, over which the City
exercises control ("Indemnitee") from and against any and all claims, damages,
liabilities or costs, including reasonable attorney fees and court costs, to the
extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a
IEXHIBIT"B" I
Page 2 of 6
subcontractor or supplier committed by Lab or its agent, Lab under contract or
another entity over which Lab exercises control while in the exercise of rights or
performance of the duties under this agreement. This indemnification does not
apply to any liability resulting from the negligent acts or omissions of the City or
its employees, to the extent of such negligence.
Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from
and against any and all claims, damages, liabilities or costs, including reasonable
attorney fees and court costs, if the claim is not based wholly or partly on the
negligence of, fault of or breach of contract by Indemnitee. If a claim is based
wholly or partly on the negligence of, fault of or breach of contract by Indemnitee,
the Lab shall reimburse the City's reasonable attorney's fees in proportion to the
Lab's liability.
Lab must advise City in writing within 24 hours of any claim or demand against
City or Lab known to Lab related to or arising out of Lab's activities under this
Agreement.
ARTICLE 7. INVOICES AND PAYMENT
7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of
services. Each invoice is due and payable by City within 30 days of receipt and approval to pay
by the City Engineer.
7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds
in its annual budget.
ARTICLE 8. INSURANCE REQUIREMENTS
8.1 Lab must not commence work under this agreement until all required insurance has been
obtained and such insurance has been approved by the City. Lab must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has
been obtained.
8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or
amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the City's
Risk Manager. The City must be listed as an additional insured on the General Liability and
Auto Liability policies, and a waiver of subrogation is required on all applicable policies.
Endorsements must be provided with COI. Project name and or number must be listed in
Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, required Bodily Injury and Property Damage
on all certificates or by applicable policy Per occurrence- aggregate
endorsements
IEXHIBIT"B" I
Page 3 of 6
•
•
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) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) (Defense costs must be outside policy limits)
If claims made policy, retro date must be prior
to inception of agreement, have extended
reporting period provisions and identify any
limitations regarding who is insured.
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 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's
rating of no less than A-VII. Lab is required to provide City with renewal Certificates.
8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the
address provided below within 10 days of the requested change. Lab shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
(a) List the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement, as respects operations, completed operation and
activities of, or on behalf of, the named insured performed under contract with the City, with
the exception of the professional liability/Errors& Omissions policy;
(b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy; and
(c) 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"
Page 4 of 6
•
•
•
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.
ARTICLE 11. DISCLOSURE OF INTERESTS
11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the
Disclosure of Interests form as part of this Agreement, if required.
11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form
1295 Certificate of Interested Parties as part of this Agreement, if required. For more information,
please review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us.
11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ
with the City of Corpus Christi City Secretary's Office, if required. For more information and to
determine if you need to file a Form CIQ, please review the information on the City Secretary's
website at http://www.cctexas.com/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.
EXHIBIT"B" I
Page 5 of 6
•
•
•
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.
IEXHIBIT"B" I
Page 6 of 6
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
Reporting
0 & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
COMPLETE PROJECT NAME
Project No. xxxxxx
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$15,117
$0
$0
$15,117
$0
$1,000
$1,000
7%
20,818
0
0
20,818
1,000
500
1,500
7%
0
0
0
0
0
0
On/a
14,166
0
0
14,166
0
0
0
n/a
0%
0
0
0
0
0
0
O
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
$0
$0
$0
$0
$0
$0
$0
n/a
0
0
0
0
0
0
O
n/a
9,011
0
0
9,011
0
0
0
0%
29,090
0
0
29,090
0
0
0
0%
1,294
0
0
1,294
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$39,395
$0
$0
$39,395
$0
$0
$0
0%
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
39,395
0
0
39,395
0
0
0
0%
$89,496
$0
$0
$89,496
$750
$1,500
$2,500
3%
•
‘21 CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of
usisti 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. Partnership3. Sole Owner ❑
4. Association 5. Other El
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each employee" of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm.'
Name Job Title and City
Department(if known)
2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"
constituting 3%or more of the ownership in the above named"firm.'
Name Title
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`arm."
Name Board, Commission or
Committee
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: Chief Oneratina Officer
(Type or Print) �/, �►
Signature of Certifying Fti� t-- 95143 Date: January 9,2017
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.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-152335
Rock Engineering and Testing Laboratory, Inc.
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/10/2017
being filed.
City of Corpus Christi Date cknowledged:
9- 1 lien "II(
3 Provide the identification number used by the governmental entity or state agency to track or identity the c ntract,and provide a
description of the services,goods,or other property to be provided under the contract.
13089
Construction Materials Engineering
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
"- ANDREA 8. CANTU
1.1-9\7:4,—S14'.(.4.Notary Public,State of Texas
+': . Comm.Expires 05-10-2020
%•;• • 141 •;i1.4.:•;; 11161.°15--""".
se Notary ID 124120504
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE n {/�� Q�^� r�
Sworn to and subscribed before me,by the said� �(n C.?'\Q .L ,this the in day of��iCv�-
20 1.71 ,to certify which,witness my hand and seal of office.
0‘.( d AQ-a-45•01u 4dre ' .Ca�u un' -CP\e c(,f rc6s
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277