HomeMy WebLinkAboutC2016-348 - 7/19/2016 - NA AGREEMENT
for
Geotechnical 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 Administrative Officer,which agree as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project,described
as follows: Flato Road from Acmes Street to Bates Road BOND 2014(Proiect No.E151101("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 $20.450.00. 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.
CI 4 'I i COP S 1� . I ( CK ENGINEERIN &TESTING LABORATORY
El ' aI ( A. 07-07-16
V _ H.Gray, •.E. 720 (pate
rt' A. Rock t �, Date
E tive Direct. • Pupf • yT Chief Administrative Officer
6817 Leopard Street
Corpus Christi,TX 78409
(361)883-4555 Office
Apccnvcn AS TO LE�A.L FIRM Project No. E15110
Digita y signed y Aimee Alcorn-
Reed Accounting Unit: 3551-051
Date:2016.07.13 15:39:24-05'00' Account: 550920
Assistant City Attorney Date Activity: E15110013551XP
Account Category: 50920
Fund Name: Street CIP BOND 2014
Encumbrance No.
2016-348
7/19/16
5110 FLATO ROAD AGNES TO 8ATESIGEO TESTING ROCK1151215 TESTING AGREEMENT.DOC
Rev I2f15J15
Rock Engineering& Testing
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June 29, 2016
City of Corpus Christi
Department of Capital Programs
1201 Leopard Street
Corpus Christi, Texas 78401
Attention: Mr. Chris Hale, P.E.
SUBJECT: EXHIBIT A
PROPOSAL TO PERFORM A SUBSURFACE INVESTIGATION, LABORATORY
TESTING PROGRAM, AND PROVIDE PAVEMENT AND GEOTECHNICAL
RECOMMENDATIONS
FOR THE PROPOSED
FLATO ROAD PROJECT—AGNES STREET TO BATES ROAD
City of Corpus Christi Project Number E15110 (BOND 2014)
Corpus Christi,Texas
RETL Proposal Number: P041416B
Dear Mr. Hale,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to submit the
following proposal to perform a subsurface investigation and laboratory testing program and provide
pavement and geotechnical recommendations for the proposed Flato Road Project—Agnes Street to Bates
Road (Bond 2014) in Corpus Christi, Texas.
Based on information provided to RETL, the proposed project will include the reconstruction of Flato
Road to a C-1 collector road that will not require a sidewalk or bike paths. The portion of Flato Road to
be reconstructed is approximately 5,200 feet in length.
Additionally, the project will include the construction of a drainage outfall approximately 1,300 feet in
length. The drainage outfall will extend from Flato Road, at its intersection with Bates Road, to the
existing Enterprize Tributary. The Enterprize Tributary is approximately 6.8-feet deep at its intersection
with the proposed drainage outfall.
RETL requests that traffic counts are provided by client for pavement design recommendations.
It should be noted that preliminary loads and other design details have not been provided. If this
information becomes available, it should be forwarded to RETL so we might refine the scope of work.
ROCK ENGINEERING&TESTING LABORATORY,INC.
Corpus Christi San Antonio Round Rock
Office:361.883.4555 Office:210.495.8000 Office:512.284.8022
Fax:361.883.4711 Fax:210.495.8015 Fax:512.284.7764
6817 Leopard St. 10856 Vandale 1 Roundville Ln.
Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664
www.rocktesting.com „
EXHIBIT"A"
Page 1 of 5
Page 2 of 5 PROPOSED FLATO ROAD PROJECT(BOND 2014)CC PROJ.NO.E15110
June 29,2016 Flato Road(Agnes Street to Bates Road);Corpus Christi,Texas
Attn: Mr.Chris Hale,P.E. RETL Proposal No.: P041416B
Based on the project information provided above, and RETL's experience with soils in the area, RETL
proposes to perform seventeen borings, one boring per approximately 300-feet of roadway, to a
termination depth of 5-feet along the roadway alignment and 6 borings to termination depths of 10-feet
along the proposed drainage outfall (Total Number of Borings: 23; Total Linear Feet of Drilling: 145 LF).
The scope of work is provided below.
Scope of the Proposed Subsurface Investigation
• RETL, or a representative of the client, will stake the boring locations in the field prior to the field
investigation and provide GPS coordinates for the boring locations.
• Client shall ensure that the soil at the boring locations is accessible to the drilling crew. Concrete and
debris should be removed prior to mobilization to the project site to provide access to the soil below,
if applicable.
• RETL will require assistance with obtaining the required access requirements and excavation permits,
if applicable.
• RETL shall provide traffic control as per City of Corpus Christi requirements.
• Client shall perform due diligence to assure RETL that the boring locations are accessible and clear of
private utilities and obstructions, such as fences, piping, shrubs and trees. The borings will be
relocated if necessary.
• A truck mounted drilling rig will be utilized to access the boring locations. If an all-terrain vehicle is
required, RETL should be notified to provide a revised scope of work and associated fee.
• An experienced soil technician will log the borings in the field full-time during the drilling operations.
• Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant
additional sampling.
• The borings will be sampled every 2.5-feet to a depth 10-feet, the maximum termination depth of the
borings.
• Disturbed soil samples will be obtained employing split-barrel sampling procedures in general
accordance with the procedures for "Penetration Test and Split-Barrel Sampling of Soils, (ASTM
D1586)."
• Undisturbed soil samples will be obtained using thin-wall tube sampling procedures in accordance
with"Thin Walled Tube Sampling of Soils, (ASTM D1587)"where applicable.
• The shear strength of cohesive soils, if present, when sampled using an undisturbed Shelby tube, will
be estimated using a hand penetrometer.
• Standard penetration tests(SPT)will be recorded in granular soils where applicable.
• The borings will be advanced to the depth specified above.
• GPS coordinates, obtained in the field at the boring locations, will be recorded using a commercially
available Garmin handheld GPS model Etrex Venture using NAD 83 map datum.
• Groundwater readings will be obtained during drilling and immediately upon completion of the
drilling operations.
• After completion of drilling operations, the open boreholes will be backfilled with excess soils and
patched with a cold-mix where applicable.
ROCK ENGINEERING&TESTING LABORATORY,INC.
Corpus Christi San Antonio Round Rock
Office:361.883.4555 Office:210.495.8000 Office:512.284.8022
Fax:361.883.4711 Fax:210.495.8015 Fax:512.284.7764
6817 Leopard St. 10856 Vandale 1 Roundville Ln.
Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664
www.rocktesting.com EXHIBIT"A"
Page 2 of 5
Page 3 of 5 PROPOSED FLATO ROAD PROJECT(BOND 2014)CC PROJ.NO.E15110
June 29,2016 Flato Road(Agnes Street to Bates Road);Corpus Christi,Texas
Attn:Mr.Chris Hale,P.E. RETL Proposal No.: P041416B
Scope of Laboratory Testing Program
• Supplementary Visual Classification(ASTM D2487)
• Water Content Tests (ASTM D2216)
• Atterberg Limits Tests (ASTM D4318)
• Unconfined Compressive Strength Tests (ASTM D2166)
• Percent Material Finer Than The#200 Sieve Tests (ASTM D1140)
All phases of the laboratory testing program will be performed in general accordance with applicable
ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided
in the report.
Projected Schedule
After authorization, it is estimated that the drilling operations can be completed within 10 to 20-days and
the final report will be submitted within five weeks of the completed fieldwork. RETL will consult with
the engineers as field and laboratory test results become available.
Geotechnical Engineering Report
In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that
includes a description of the field exploration and laboratory tests, boring logs, a discussion of the
engineering properties of the subsurface materials encountered, trench excavation design parameters,
OSHA soil type classification, excavation recommendations, and pavement recommendations for the
proposed project utilizing the following information provided to RETL by the owner:
• Street Elevations,
• Traffic Counts,
• Projected Percent Growth of Traffic Over Life of Pavement,
• Design Vehicles, and
• Percent Trucks.
ROCK ENGINEERING&TESTING LABORATORY,INC.
Corpus Christi San Antonio Round Rock
Office:361.883.4555 Office:210.495.8000 Office:512.284.8022
Fax:361.883.4711 Fax:210.495.8015 Fax:512.284.7764
6817 Leopard St. 10856 Vandale I Roundville Ln.
Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664
www.rocktesting.com EXHIBIT"A"
Page 3 of 5
Page 4 of 5 PROPOSED FLATO ROAD PROJECT(BOND 2014)CC PROJ.NO.E15110
June 29,2016 Flato Road(Agnes Street to Bates Road);Corpus Christi,Texas
Attn: Mr.Chris Hale,P.E. RETL Proposal No.: P041416B
Fees and Limitations
We understand that we have been chosen to provide these services for this publicly funded project.
Therefore, by providing cost information, we are not in violation of the Texas Professional Services
Procurement Act.
The total fee to perform the scope of work outlined above is $20,450.00.
The Total Project Fe96.icludes the field investigation, laboratory testing, geotechnical and pavement
recommendations,.report preparation, ii,uces, The following items will be
added to the final invoice as require .
1. Additional drilling required due to subsurface conditions: $100.00 per linear foot.
2. HMAC cores: $300.00 per core.
3. Standby time: $275.00 per hour/per company.
If there is a change in the scope of work, RETL should be notified in order to provide a revised scope of
work and laboratory testing program.
Services provided by RETL under this Agreement will be performed in a manner consistent with the
degree of care and skill ordinarily exercised by members of the same profession currently practicing
under similar circumstances.
The Client shall provide for RETL's right to enter the property owned by the Client and/or others
and assure that the boring/core locations are accessible to drilling equipment in order for RETL to
fulfill the Scope of Services included hereunder.
Either the Client or RETL may terminate this Agreement at any time with or without cause upon giving
the other party 10-calendar days prior written notice. The Client shall within 10 calendar days of
termination pay RETL for all services rendered and all costs incurred up to the date of termination, in
accordance with the compensation provisions of this contract.
ROCK ENGINEERING&TESTING LABORATORY,INC.
Corpus Christi San Antonio Round Rock
Office:361.883.4555 Office:210.495.8000 Office:512.284.8022
Fax:361.883.4711 Fax:210.495.8015 Fax:512.284.7764
6817 Leopard St. 10856 Vandale 1 Roundville Ln.
Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664
www.rocktesting.com EXHIBIT"A"
Page 4 of 5
•
Page 5 of 5 PROPOSED FLATO ROAD PROJECT(BOND 2014)CC PROJ.NO.E15110
June 29,2016 Flato Road(Agnes Street to Bates Road);Corpus Christi,Texas
Attn:Mr.Chris Hale,P.E. RETL Proposal No.: P041416B
Closing
If you are in agreement with our proposed scope of work, please authorize us to proceed by signing in the
space below and returning one copy to us.
Thank you for your consideration of our firm to assist you with this project. If you have any questions, or
comments,please call at(361) 883-4555 ex. 413.
Sincerely, ACCEPTED AND APPROVED
Of1;1444a (01.6444
By
Damali F. Vera, E.I.T.
Graduate Engineer Print
Date
For payment of services, invoice to:
Firm: Attn:
Address: Title:
City: State: Zip Code: Phone: Fax:
E-mail address:
**Payment is due upon receipt of the invoice. Please remit to the above address and reference your
invoice number on payment.
ROCK ENGINEERING&TESTING LABORATORY,INC.
Corpus Christi San Antonio Round Rock
Office:361.883.4555 Office:210.495.8000 Office:512.284.8022
Fax:361.883.4711 Fax:210.495.8015 Fax:512.284.7764
6817 Leopard St. 10856 Vandale 1 Roundville Ln.
Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664
www.rocktesting.com 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:
EXHIBIT"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
EXHIBIT"B"
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
EXHIBIT"B"
Page 3 of 6
s
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"
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.
EXHIBIT"B"
Page 6 of 6
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Sample form for:
Payment Request
Revised 07/27/00
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$1,000
$0
$0
$1,000
$0
$1,000
$1,000
100%
2,000
1,000
0
3,000
1,000
500
1,500
50%
500
0
250
750
0
0
0
0%
2,500
0
1,000
3,500
0
0
0
0%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
$2,000
$0
$0
$2,000
$500
$0
$500
25%
0
1,120
0
1,120
0
0
0
0%
0
0
1,627
1,627
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$2,000
$1,120
$1,627
$4,747
$500
$0
$500
11%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
2,000
1,120
1,627
4,747
500
0
500
11%
$8,000
$2,120
$2,877
$12,997
$1,250
$1,500
$3,000
23%