HomeMy WebLinkAboutC2017-195 - 6/20/2017 - Approved 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
TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly
authorized representative who is Don R. Rokohl, P.E., Branch Manager, which agree as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project,
described as follows: Carroll Lane from Houston to McArdle BOND 2014 (Project No. E13097)
("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 $59,515. 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 CHRISTI TOLUNAY-WONG ENGINEERS, INC.
C � I , �€ti , S- X9,11
Jeff H. Edmonds, P.E. Date 6/z37/ Don R. Rokohl, P. E. Date
Director of Engineering Services Branch Manager
826 South Padre Island Drive
Corpus Christi, TX 78416
(361) 884-5050 Office
drokohl@tweinc.com
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2017-195
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Tolunay-Wong Engineers Inc. INDEXED
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APPROVED AS TO LEGAL FORM
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Assistant City Attorney Date Project No. El 3097
Accounting Unit: 3551-051
Account: 550920
Activity: E13097013551EXP
Account Category: 50920
Fund Name: Street GIP BOND 2014
ATTEST Encumbrance No.
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Rebecca Huerta Date
City Secretary
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KIENGPIEER(NG DATAEXCNANG€ANO1EMvSTREET1E13097 CARROLL FROM NOUSTON TO MCARDLE BOND ISSUE 20141TOLUNAY WONG 15_1215 TESTING AGREEMENTGOC
RIR 121151tS
Tolunay-Wong 826 South Padre Island Drive
En ineers, Inc. Corpus Christi,Texas 78416
g Phone:(361)884-5050
April 20,2017
City of Corpus Christi
1201 Leopard Street
Corpus Christi,Texas 78401
(Via e-Mail:ChrisH3@cctexas.com)
Phone: (361)826-3527
Attn: Mr.Chris Hale
Re: Construction Materials Testing Services For:
Carroll Lane
Corpus Christi,Texas
City of Corpus Christi Project No.E13097
TWE Proposal No. P17-0065
Mr. Hale:
Tolunay-Wong Engineers (TWE) appreciates the opportunity to submit our proposal to provide construction
materials testing and inspection services for the above referenced project. The proposed scope of services was
based on the testing schedule provided in the project plans. We understand that upon acceptance of the proposal,
the City of Corpus Christi will issue an Agreement for Construction Materials Engineering Laboratory's Inspection
and Materials Testing Services as our authorization for the work.
Tolunay-Wong Engineers has established a reputation for excellence in the materials engineering field through a
business philosophy based on quality professional services responsive to the needs of our clients. We thank you
for the opportunity to serve you with this philosophy and your consideration for this project. Please do not
hesitate to contact us,if you have any questions regarding the proposal or if additional information is needed.
Respectfully submitted,
Tolunay-Wong Engineers,Inc.
Luz D. Ramos
CMT Project Manager
Iramos@tweinc.com
leG 1.
Don R. Rokohl, P.E.
Branch Manager
drokohl@tweinc.com
DRR/drr/Idr
Geotechnical Engineering*Environmental Field and Consulting Services*Construction Materials Testing*Deep Foundations Testing
EXHIBIT"A" I
Page 1 of 4
Op
Tolunay-Wong April 20,2017
Engineers, Inc. Proposal No.P17-0065
Page 2 of 4
INTRODUCTION
TWE understands the importance of this project to the City of Corpus Christi and the special needs associated
with construction of a project of this type. Of particular importance is for the overall project team to be
comprised of experienced professionals working together toward a common objective. This objective is to
obtain a quality project, meeting the intent of the project specifications, as well as completion on schedule
and within budget.
From our Corpus Christi facility located at 826 South Padre Island Drive, we will provide experienced
engineering technicians to perform the on-site testing and inspection services. Additionally, we meet the
requirements of ASTM E-329 "Standard Practice for Inspection and Testing Agencies for Concrete, Steel and
Bituminous Materials Used in Construction" regarding qualifications of the testing laboratory. Additionally,
our Corpus Christi laboratory is accredited in construction materials testing by the American Association for
Laboratory Accreditation(A2LA).
WORK PLAN
TWE's approach to providing materials testing services is to assign qualified engineering technicians, directed
by Senior Professional Engineers, experienced in their respective disciplines. Our assigned Project Manager
will provide communication, service direction, and overall project coordination. It is presumed that the
contractor will be encouraged to provide their own formalized quality control program separate and apart
from our acceptance inspection/testing program stated herein.
We anticipate providing the majority of the required testing services for this particular project on a "part-
time"basis.The anticipated services required on this project are as follows:
A. In-Place Soil Compaction(nuclear method)
B. Cast In-Place Portland Cement Concrete Inspection/Testing
C. Hot Mix Asphalt Concrete Inspection/Testing
All reports of materials tests and inspection services provided will be issued to appropriate members of the
project team. In the event individual reports indicate potential problems or items of non-conformance to the
project specifications,you will be contacted as soon as possible.
SCOPE OF SERVICES
The specific materials monitoring services and laboratory tests anticipated for this project are as follows:
A. In-Place Soil Compaction(Nuclear Method)
• The technician will obtain samples of soil, borrow material and/or base materials and deliver
them to our laboratory facility for testing. Laboratory testing will include Moisture/Density
Relationships,Atterberg Limit determinations and sieve analysis.
• The technician will perform in-place compaction testing (nuclear method) at the frequency
required by the project specifications to determine the moisture content and degree of
compaction.
Geotechnical Engineering•Environmental Field and Consulting Services•Construction Materials Testing*Deep Foundations Testing
IEXHIBIT"A" 1
Page 2 of 4
Tolunay-Wong April 20,2017
Engineers, Inc. Proposal No.P17-0065
Page 3 of 4
B. Cast In-Place Portland Cement Concrete Monitoring/Testing
• The technician will sample the concrete in order to perform standard field tests and prepare
test cylinders and/or beams in accordance with project specifications. The frequency of
sampling will also be as directed by the project specifications. Standard field tests include
slump, air content and temperature for normal weight concrete and will also include unit
weight on all samples of lightweight concrete.
• TWE will cure the test specimens and perform compressive strength tests at the age
designated by project specifications.
• The technician will visually estimate the slump of each load of concrete delivered and perform
actual slump tests and other standard field tests when test specimens are prepared, or as
necessary to evaluate concrete consistency.
• The on-site technician will monitor the concrete temperature, ambient temperature, mixing
time, and placement procedures. The technician will also sample concrete at the frequency
specified in the project specifications.
• The technician will record detailed information regarding the location of the placement, date
of the placement,concrete mixture strength requirement and all other pertinent information.
C. Hot Mix Asphalt Concrete Inspection/Testing
• During lay down of hot mix asphalt concrete, the technician will obtain and record
temperature of the mixture and obtain samples for laboratory testing.
• After lay down and compaction, the asphalt will be cored to determine and record in-place
thickness, %air voids,and laboratory density. The in-place%air voids and in-place theoretical
density will be determined from the asphalt cores in the laboratory.
• The asphalt samples obtained during lay down will tested in the laboratory for extraction and
gradation,laboratory density and stability,and maximum theoretical density(rice method).
COST ESTIMATE&GENERAL NOTES
In this section of the proposal you will find our cost estimate. Additional services or tests requested and
not specifically addressed in this proposal will be invoiced per the standard fees set forth in our 2017 Fee
Schedule.
Based on the testing schedule provided in the project construction documents (plans) provided to us at
this time and the anticipated construction schedule, we have established what we believe is the most
realistic cost estimate for this project. Please remember that the units stated are only an estimate. Due
to factors beyond our control such as weather, unforeseen conditions, contractor expertise, contractor
scheduling,etc.,the cost of our services may vary from the estimated amount.
We estimate the cost of the construction materials testing for our proposed Scope of Services will be
$59,515.00 as detailed in the following section, although all services will be invoiced on a time and
materials basis.
A minimum 4-hour labor equivalent charge is applicable for all field testing and inspection services.
Overtime rates for field personnel are applicable for all hours worked in excess of 8 hours per day,
weekends, and holidays and are assessed at 1.5 times the standard rates. All field hours will be charged
portal to portal from our Corpus Christi laboratory. All sample pick-ups will be charged travel time from
Geotechnical Engineering•Environmental Field and Consulting Services•Construction Materials Testing•Deep Foundations Testing
EXHIBIT"A"
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Op Tolunay-Wong April 20,2017
Proposal No.P17-0065
Engineers, Inc. Page 4 of 4
portal to portal and will include associated vehicle charges.Administrative costs, Engineering consultation
and evaluation in connection with field and laboratory testing services will be charged at a rate of
approximately one hour for each 20 hours of field work performed.
Our prices include copies of our reports distributed through e-mail in accordance with your instructions.
Additional copies mailed at $0.50 per page. Direct expenses incurred in connection with the project will
be invoiced at cost plus 15%for handling. Travel and lodging expenses for out of town assignments will
be invoiced at cost plus 15% or$125.00 per day, whichever is greater. Our terms are net 30 days upon
receipt of invoice. Invoices will be submitted on a monthly basis.
COST ESTIMATE SUMMARY
Description I Unit I Quantity I Rate I Extension
Construction Materials Testing-Soils
1 Standard Compaction Effort-ASTM D 698-Trench Backfill ea. 1 $160.00 $160.00
2 Standard Compaction Effort-ASTM D 698-Subgrade ea. 2 $160.00 _ $320.00
3 Nuclear Density Gauge, Day ea. 50 $50.00 $2,500.00
4 Soil Sample Pick-up ea. 2 $175.00 $350.00
5 Construction Materials Technician, HR. ea. 300 $50.00 _ $15,000.00
6 Vehicle Charge ea. 50 $75.00 $3,750.00
Construction Materials Testing-Flexible Base
7 Modified Compaction Effort-ASTM D 1557(Proctor) ea. 4 $180.00 $720.00
8 Sieve Analysis,Through No.200 Sieve(ASTM D 422) ea. 4 $60.00 $240.00
9 Atterberg Limits-ASTM D 4318 ea. _ 4 $65.00 $260.00
10 LA Abrasion Loss of Limestone Base ea. _ 4 $550.00 $2,200.00
11 California Bearing Ratio-Single Point(ASTM D 1883) ea. 1 $350.00 $350.00
12 Wet Ball Mill Test ea. 1 $200.00 $200.00
13 TxDOT Triaxial Series per specimen(Tex-117E) ea. 1 $220.00 $220.00
14 Soil Sample Pick-up ea. 2 $175.00 $350.00
15 Construction Materials Technician, HR. ea. 150 $50.00 $7,500.00
16 Vehicle Charge ea. 25 $75.00 $1,875.00
Construction Materials Testing-Hot Mix Asphalt
17 Extraction/Gradation-Ignition Method (Tex-236F) ea. 16 $250.00 $4,000.00
18 Hveem Stability(three specimens/set)(Tex-208F) ea. 16 $85.00 $1,360.00
19 Maximum Theoretical Specific Gravity(Tex-227F) ea. 16 $85.00 $1,360.00
20 Asphalt Coring ea. 5 $125.00 $625.00
21 Core Length ea. 5 $20.00 $100.00
22 Core Bulk Density(ASTM D 2726) ea. 5 _ $55.00 $275.00
23 Construction Materials Technician,HR. ea. 80 $50.00 $4,000.00
24 Vehicle Charge ea. 10 $75.00 $750.00
Construction Materials Testing-Concrete
25 Comp.Strength of Concrete Test Cylinders(7,28&Hold) ea. 70 $20.00 $1,400.00
26 Concrete Sample Pick Up, Per Trip ea. 5 $175.00 $875.00
27 Construction Materials Technician,HR. ea. 60 $50.00 $3,000.00
28 Vehicle Charge ea. 15 $75.00 $1,125.00
Project Management
29 Project Manager,Hr. ea. 30 $105.00 $3,150.00
30 Administrative Support, Hr. ea. 30 $50.00 $1,500.00
Total Cost Estimate $59,515.00
ASSUMPTIONS: The cost estimate is based on the following assumptions and our experience on similar projects:
1. The testing schedule provided in project construction documents.
Geotechnical Engineering*Environmental Field and Consulting Services•Construction Materials Testing•Deep Foundations Testing
IEXHIBIT"A"
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EXHIBIT B
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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.
IEXHIBIT"B" I
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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, or other entity, excluding the engineer or
architect or that person's agent, employee or subconsultant, over which the City
EXHIBIT"B" I
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EXHIBIT B
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
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 Consultant must not commence work under this agreement until all required insurance
has been obtained and such insurance has been approved by the City. Consultant must not
allow any subcontractor to commence work until all similar insurance required of any
subcontractor has been obtained.
8.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy 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.
IEXHIBIT"B"
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EXHIBIT B
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy 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) $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)
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, Consultant must furnish
the City with copies of all reports of any accidents within 10 days of the accident.
8.4 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. Consultant is required to provide
City with renewal Certificates.
8.5 Consultant 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. 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: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
8.6 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:
IEXHIBIT"B"
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EXHIBIT B
8.6.1 List the City and its officers, officials, employees 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;
8.6.2 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;
8.6.3 Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation or non-renewal of coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
8.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage,
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.
8.8 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 remove the exhibit hereunder,
and/or withhold any payment(s) if any, which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
8.9 Nothing herein contained shall be construed as limiting in any way the extent to which
Consultant may be held responsible for payments of damages to persons or property resulting
from Consultant's or its subcontractor's performance of the work covered under this agreement.
8.10 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 agreement.
8.11 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.
IEXHIBIT"B" I
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EXHIBIT B
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/citv-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.
EXHIBIT"B" I
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Sample form for:
COMPLETE PROJECT NAME Payment AE Con Tact
AE Contract
Project No. XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete .
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% •
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
0 & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services. $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% _
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
1If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials (T&M).
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CITY OF CORPUS CHRISTI
................ DISCLOSURE OF INTEREST
City of
Corpus 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: Tolunay-Wong Engineers,Inc.
P.O.BOX:
STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416
FIRM IS: 1. Corporation _ 2. Partnership _ 3. Sole Owner ❑
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 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"firm."
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: Don R.Rokohl,P.E. Title: Branch Manager
(Type or Print)
Signature of Certifying Date:
Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or
part-time basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership, corporation,joint stock company,joint venture, receivership or trust, and
entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held,
in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting trusts,
proxies,or special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
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. 2017-203347
Tolunay-Wong Engineers
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 05/05/2017
being filed. j..
City of Corpus Chrisi Date Ack ovule ged: �_/U�'
tk1 t7) 7.011
3 Provide the identification number used by the governmental entity or state agency to track or identify the contra t,an provide a
description of the servIces,,goods,or other property to be provided under the contract.
E13097 04-vrf;1I 1610e
Construction materials testing.
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Tolunay-Wong Engineers,Inc. Corpus Christi,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penaltyof perjury,that the above disclosure is true and correct.
N�11111111111111/fj� P 1 rY�
JI,E•0•.s. iii��4
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5 Signature of au orized agent of contracting business entity
�4� s
`SATE&n�p`,' .••
AFFIX NOTA1V S'I.P.E4ag o A VE
subscribe
bef2'`�``e 12 �V this the day of /
Sworn to and subscribbefore me,by the said .
20 1-3' ,to certify which,witness my hand and seal of office.
•(..94.
bvice
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Ay fidnimetakodr/i/
nature 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 V1.0.883