HomeMy WebLinkAboutC2016-532 - 11/2/2016 - NA •
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: Commodores Drive at Park Road 22 Left Turn Lane Improvements(Project No. E152261("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 $8,420.00. 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.
:IF COR- - CI - Ti C:; 1> TOLUNAY-WONG N INEERS, INC.
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ale .e H. Graa P. 1. . �Ut. Li t
. sate Don R Rokohl, P.E. Date
I
e. tive Direc •f •u• is o s Branch Manager
826 South Padre Island Drive
Corpus Christi, TX 78416
(361)884-5050 Office
drokohl@tweinc.com
Project No. El 5226
Accounting Unit: 3551-051
Account: 550920
Activity: E15226013551 EXP
Account Category 50920
APPROVED AS TO LEGAL FORM Fund Name: Street CIP Bond 2014
I Aimee Alcorn Reed Encumbrance No.
Wim*" /�°`� 2016.10.27 17:03:58-05'00'
Assistant City Attorney Date
2016-532
11/02/16
E1522€COMMODORES STREET AT PARK ROAD 22tTOLUNAY WONGt15 1215 TESTING AGREEMENT DCC
Rev •2115115
Tolunay-Wong Engineers Inc.
INDEXED
EXHIBIT A
Scope of Services and Fee Schedule
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Tolunay-Wong 826 South Padre Island Drive
Engineers Inc. Corpus Christi,Texas 78416
Phone:(361)884-5050
October 6,2016
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:
Commodores Drive at Park Road 22 Left-Turn Lane Improvements
Corpus Christi,Texas
City of Corpus Christi Project No. E15226
TWE Proposal No.P16-C090R1
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.
( < ALJ
Luz D. Ramos
CMT Project Manager
Iramos@tweinc.com
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
IEXHIBIT"A" I
Page 1 of 4
(10 Tolunay-Wong October 6,2016
Proposal No.P16-C090R1
Engineers, Inc. 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
EXHIBIT"A"
Page 2 of 4
110 Tolunay-Wong October 6,2016
Engineers, Inc. Proposal No.P16-C090R1
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 2016 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
$8,420.00 as detailed in the following section, although all services will be invoiced on a time and
materials basis.
Geotechnical Engineering*Environmental Field and Consulting Services•Construction Materials Testing*Deep Foundations Testing
IEXHIBIT"A" I
Page 3 of 4
•
Tolunay-Wong October 6,2016
Proposal No.P16-C090R1
Engineers, Inc. Page 4 of 4
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
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
1 Construction Materials Technician,HR. ea. 60 $50.00 $3,000.00
2 Vehicle Charge ea. 10 $75.00 $750.00
3 Nuclear Density Gauge,Day ea. 5 $50.00 $250.00
4 Soil Sample Pick-up ea. 3 $175.00 $525.00
Laboratory Testing
5 Standard Compaction Effort-ASTM D 698(Proctor) ea. 1 $160.00 $160.00
6 Modified Compaction Effort-ASTM D 1557(Proctor) ea. 1 $180.00 $180.00
7 Sieve Analysis,Through No.200 Sieve(ASTM D 422) ea. 1 $60.00 $60.00
8 Atterberg Limits-ASTM D 4318 ea. 2 $65.00 $130.00
9 Percent Finer Minus No.200-ASTM D 1140 ea. 1 $50.00 $50.00
10 TxDOT Triaxial Series per specimen(Tex-117E) ea. 1 $220.00 $220.00
11 California Bearing Ratio-Single Point(ASTM D 1883) ea. 1 $350.00 $350.00
12 LA Abrasion Loss of Limestone Base ea. 1 $550.00 $550.00
13 Wet Ball Mill Test ea. 1 $200.00 $200.00
Concrete Testing
14 Concrete Sample Pick Up,Per Trip ea. 2 $175.00 $350.00
15 Comp.Strength of Concrete Test Cylinders(7,14&28 day) ea. 6 $20.00 $120.00
Asphalt Laboratory Testing
16 Extraction/Gradation-Ignition Method(Tex-236F;DOTD TR 323 and 309) ea. 1 $250.00 $250.00
17 Hveem Stability(three specimens/set)(ASTM D 1560,Tex-208F) ea. 1 $85.00 $85.00
18 Specific Gravity(ASTM D 1188,Tex-207F;DOTD TR 304) ea. 1 $65.00 $65.00
19 Maximum Theoretical Specific Gravity(ASTM D 2041,Tex-227F;DOTD TR 327) ea. 1 $85.00 $85.00
20 Asphalt Content by Ignition Method(ASTM D 4125,Tex-236F;DOTD TR 323 ea. 1 $75.00 $75.00
21 Aslphalt Coring ea. 1 $350.00 $350.00
22 Core Length ea. 2 $20.00 $40.00
23 Core Bulk Density(ASTM D 2726) ea. 2 $55.00 $110.00
Project Management
24 Project Manager,Hr. ea. 3 $105.00 $315.00
25 Administrative Support,Hr. ea. 3 $50.00 $150.00
Total Cost Estimate $8,420.00
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
EXHIBIT"A"
Page 4 of 4
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EXHIBIT B
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:
(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;
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(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 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
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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) 2 copies 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.
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
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, 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
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to do business in the State of Texas and with an A.M. Bests rating of no less than A- VII. Lab is required to
provide City with renewal Certificates.
8.5 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
8.6 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 workers' compensation policy
and 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;
(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.
8.7 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.
8.8 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.
8.9 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.
8.10 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.
8.11 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.
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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-disclosu 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.
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.
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EXHIBIT C
Monthly Invoices
Sample form for
COMPLETE PROJECT NAME Payment Request
Revised 07/27/00
Project No.XXXX
Invoice No.12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase ; $1,000 $0 $0 $1,000 $0 $1,000 $1,000' 100%`''
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,5001 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500_ 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0_ 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
0&M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
K:\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E15226 COMMODORES STREET AT PARK ROAD 22\TOLUNAY WONG\15 1215 TESTING AGREEMENT.DOC
Rev.12/15/15