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HomeMy WebLinkAboutC2016-452 - 9/1/2016 - 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: Unanticipated Storm Water Capital Requirements (Project No. E121931("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 $40,250.00. 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 CHRISTI ROCK ENGINEERING &TESTING n �Q,,,�,, L ORATORY, INC. . C . letrag, cc�2 08-24-16 Margie Date urti A. Rock Date City Manager Chief Administrative Officer 6817 Leopard Street Corpus Christi, TX 78409 (361)883-4555 Office RECOMMENDED /./e v v 49, 9 14. Mark Van leck ►at• AL," I l t ity M:n.1`. V: - Pfita ie H. Gray ".E. � - 4yp„ E utive Direct.•r of P .tic W.r s �`� Project APPROVED AS TO LEGAL FORM Unit: Accounting E12193 3495-043 112(4.4 Aimee Alcorn-Reed Account: 550920 2016.08.24 16:47:21-05'00' Activity: E12193013495XP Assistant City Attorney Date Account Category 50920 Fund Name: Storm Water 2012Rev Bonds 2016-452 Encumbrance No. 9/01/16 1TERE12193 UNANTICIPATED STORM WATER REQUIREMENTS TESTING AGREEMENT.DOC Rock Engineering& Testing INDEXED • GEOTECHNICAL ENGINEERING I'dle • CONSTRUCTION MATERIALS ENGINEERING&TESTING t"�� • SOILS•ASPHALT•CONCRETE 4k tier- r x August 2, 2016 City of Corpus Christi Capital Programs P.O.Box 9277 Corpus Christi,Texas 78469 Attention: Mr. Daniel Deng, P.E. SUBJECT: PROPOSAL TO PERFORM A SUBSURFACE INVESTIGATION AND LABORATORY TESTING PROGRAM AND PROVIDE GEOTECHNICAL RECOMMENDATIONS FOR THE PROPOSED SALT FLATS LEVEE AND MUSEUM FLOODWALL IMPROVEMENTS (E12070) Corpus Christi,Texas RETL Proposal Number: P060816A (Revision 4) Dear Mr. Deng, 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 geotechnical recommendations for the proposed Salt Flats Levee and Museum Floodwall Improvements located in Corpus Christi,Texas. Based on information provided to RETL, the project will include improving the reliability of the Salt Flats Levee,as well as developing a floodwall near the Museum of Science and History. It should be noted that preliminary loads and other design details have not been provided. If this information becomes available, it should be forwarded to RETL so we might refine the scope of work. As directed by HDR Engineering, Inc., RETL will perform 2 borings to termination depths of 65-feet at the Crest of the Salt Flats Earthen Levee, 4 borings to termination depths of 35-feet at the outside toe of the Salt Flats Earthen Levee, 1 boring to a termination depth of 40-feet at the existing crib wall adjacent to the Earthen Levee, and 2 borings to termination depths of 60-feet at the location of the potential new floodwall alignment (Total Number of Borings: 9; Total Linear Feet of Drilling: 430 LF). The scope of work is outlined below. ROCK ENGINEERING&TESTING LABORATORY, INC. Corpus Christi San Antonio Round Rock Office:361 883.4555 Office:210.495.8000 Office 512284.8022 Fax 361.883.4711 Fax:210 495.8015 Fax. 512.284.7764 6817 Leopard St. 10856 Vandalc I Roundville Ln ii Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664 www rockiest ing.com EXHIBIT "A" Page 1 of 4 , SALT FLATS LEVEE AND MUSEUM FLOODWALL IMPROVEMENTS(E12070) August 2,2016 Corpus Christi,Texas Attn:Mr.Daniel Deng,P.E. RETL Proposal No.: P060816A(Revision 4) Scope of the Proposed Subsurface Investigation • RETL requires that the boring locations are staked in the field prior to the field investigation by the client or a representative of the client, the locations are cleared of underground utilities and that the ground surface elevations and GPS coordinates are provided at the boring locations. • Client shall ensure that the soil at the boring locations are 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. • 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 continuously to a depth of 20-feet and at 2.5-feet intervals thereafter to a depth of 35-feet and at 5-foot intervals thereafter to termination depths 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 Dl 587)"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 a grout bentonite mixture. 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 Si. 10856 Vandale I Roundville Ln. Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664 w•ww.rocktestfng.com EXHIBIT"A" Page 2 of 4 SALT FLATS LEVEE AND MUSEUM FLOODWALL IMPROVEMENTS(E12070) August 2,2016 Corpus Christi,Texas Attn:Mr.Daniel Deng,P.E. RETL Proposal No.:P060816A(Revision 4) Scope of Laboratory Testing Program • Supplementary Visual Classification(ASTM D2487) • Water Content Tests(ASTM D2216) • Atterberg Limits Tests(ASTM D4318) • Crumb Dispersion Tests(ASTM 6572) • Unconfined Compressive Strength Tests(ASTM D2166) • Percent Material Finer than the#200 Sieve Tests(ASTM D1140) • Grain Size Analysis,with hydrometer,Test(ASTM D422) • Grain Size Analysis,without hydrometer,Test(ASTM D422) • Direct Shear Test(ASTM D3080)(Remolded Non-Cohesive Soils) • Consolidated-Undrained Triaxial Compression Test for Cohesive Soils (CU Test) (ASTM D4767) (With Pore Pressure)(3 Points) • Unconsolidated-Undrained Triaxial Compression Test(UU Test)(ASTM D2850)(One Point) • Constant Head Permeability Test(undisturbed cohesive soil)(ASTM D5084) • Falling Head Permeability Test(remolded non-cohesive soil)(ASTM D2434) • Concrete Coring and Compressive Strength Tests(ASTM C42) 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. Scope of Concrete Testing Services Drilled Concrete Core Sampling • Drill and sample three(3)concrete core samples at each of the two(2) locations identified in Attachment No. 5,conforming to ASTM C42. Locations of the cores along the height of the concrete are identified in Attachment No.6.The locations shown on the attachments are approximate. Specific core locations will be identified in the field by Engineer prior to commencing with the field exploration work. • Core holes generated in existing concrete structures shall be repaired using high strength non-shrink grout conforming to ASTM CI 107,with a minimum compressive strength of 5000-psi. Reporting • Approximate locations of all concrete test areas. • Concrete core sample dimensions. • Concrete strengths of in-place concrete at locations identified. • Photos of grouted core locations with identification marks. ROCK ENGINEERING&TESTING LABORATORY,INC. Corpus Christi San Antonio Round Rock Office.361.883.4555 Office:210.495.8000 Office:512.284.8022 Far 361.883.471 I 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 3 of 4 SALT FLATS LEVEE AND MUSEUM FLOODWALL IMPROVEMENTS(E12070) August 2,2016 Corpus Christi,Texas Attn:Mr.Daniel Deng,P.E. RETL Proposal No.:P060816A(Revision 4) Projected Schedule After authorization, it is estimated that the final report will be submitted within six weeks of the completed fieldwork. RETL will consult with the engineers as field and laboratory test results become available by providing preliminary recommendations as required to assist in design. If adjustments to the proposed timeline are required to meet the existing project schedule,please contact RETL so that we can accommodate your needs. It should be noted that the timeline provided above is subject to change due to completion of the Direct Shear Test (ASTM D3080) (Remolded Non-cohesive), Consolidated-Undrained Triaxial Compression Test for Cohesive Soils (CU Test) (ASTM D4767) (With Pore Pressure) (3 Points), and Unconsolidated- Undrained Triaxial Compression Test (UU Test) (ASTM D2850) (One Point), Constant Head Permeability(undisturbed cohesive soil) (ASTM D5084), and Falling Head Permeability(remolded non- cohesive soil)(ASTM D2434). Geotechnical EnaineerinE 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,and geotechnical recommendations. Fee and Limitations We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information, we are not in violation of the Texas Professional Services Procurement Act. The Total Project Fee is$40,250.00. ROCK ENGINEERING&TESTING LABORATORY,INC. Corpus Christi San Antonio Round Rock Office:361.883.4555 Office:210.495.8000 0111ce:512.284.8022 Fax:361.883.471 l Fax:210.495.8015 Fax:512.284.7764 6817 Leopard St. 10856 Vandalic 1 Roundville Ln, Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664 www.rocktcsting.com EXHIBIT"A" Page 4 of 4 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 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/qovern ment/city-secretary/conflict-d isclosu re/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 Co & 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%