The URL can be used to link to this page

Home My WebLink AboutC2018-098 - 1/29/2018 - NA • AGREEMENT for Construction Materials Testing 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 Enalneerina & Testing Laboratory. Inc. ("LAB"), acting through its duly authorized representative who is Curtis A. Rock. Chief Operating Officer which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project,described as follows: Police Vehicle Impound Yard and Garage Phase 2 (Prolect No. E121261("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 68.100.00. 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/TIOF ROCK ENGINEERINGINC. &TESTING LABORATORY, . . Jeff H. Edmonds, P. E. I.te `6tutis A. Roc Date Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 (361)883-4555 Office curtis@ rocktesting.com APPROVED AS TO LEGAL FORM 2018.01.24 Project Number E12126 r' Accounting Unit 3342-153 fes` 08:19:45 -06'00' Account 550920 Legal Department (Date) Activity E12126 01 3342 EXP Account Category 50920 Fund Name Police2013GOB12 K-1ENGINEEHING DArAEXCHANGFCLARIS4JTY� WUSLIC HEALTH!SAFEE 12126-POLICE VEHICLE IMPOUND YARD PHASE R(BOND 2012)RE-B0rcESTING-ROCM1 TE59NG .,.e.....u.,,,N 2018-098 Re, 12115115 1/29/18 Rock Engineering& Testing INDEXED • • • GEOTECHNICAL ENGINEERING O CONSTRUCTION MATERIALS ENGINEERING&TESTING SOILS • ASPHALT • CONCRETE Monday, December 11, 2017 City of Corpus Christi 1201 Leopard St Corpus Christi,TX 78401 SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E12126 Police Vehicle Impound Yard and Garage Phase 2 Corpus Christi,TX RETL Proposal Number:P120717B Dear Mr. Edmonds, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to provide an estimate to perform the required Construction Materials Testing for the above referenced project. The Construction Materials Testing for the above referenced construction project is based upon quantities as derived from the information as provided to RETL as of the date of this proposal. We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated testing amount for this project is Alt 1: $8,042.00 and for Alt 2: $9,604.00. This estimate will change and is dependent upon the actual scope of work performed as requested by project representatives. Requested services beyond what is contained in this estimate will be billed based on the unit rates contained here-In. The testing in this proposal includes testing that was not included in the testing schedule supplied to RETL. Please make note that the actual fees invoiced for this project will be based on the actual testing requested and performed. The total fee assessed will be dependent on the contractors construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any stand-by time the technician is required to be on-site but not performing testing activities. This estimate does not take into account project schedule,weather delays, and cancellations of services after arrival, etc. which are beyond RETL's control. Also note, that holiday/weekend rates do apply as well as overtime rates for services requested at an additional rate of$33.00 per hour. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RETL strives to accommodate all testing requests as they are received and can make accommodations with advanced notice to schedules. RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at(361)883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, i' • Pablo Schmitt Project Estimator ROCK ENGINEERING&TESTING LABORATORY,INC. Exhibit A 6817 LEOPARD STREET•CORPUS CHRISTI,TEXAS,78409 page 1 of 1 OFFICE: (361)883-4555•FAX: (361)883-4711 •wYwv.rocklesting.com �s P120717B hafEaH 'l�5•r E12126 Police Vehicle Impound Yard and Garage Phase 2 :1 ti it°, CITY OF CORPUS CHRISTI 4OO"1 ,,. CORPUS CHRISTI,TX `''} JEFFREY EDMONDS, P.E. 01. LABORATORY 01.A SOILS-SUBGRADE LIFTS/MIN SUBTOT TOTAL RATE AMOUNT SUBGRADE,EXISITING SEE CITY SPECS AND PLANS FOR REQUIREMENTS CITY Frequencies S190 MATERIALS SAMPLING CHARGE EA 1 I 1 $60.00 $60.00 S5''0 PROCTOR-STANDARD ASTM D698 EA 1 1 1 $226.00 $226.00 V486 VEHICLE TR 1 1 1 $48.00 $48.00 01.E.SOILS- UTILITY BACKFILL LIFTS/MIN SUBTOT TOTAL RATE AMOUNT TRENCH BACKFILL SEE CITY SPECS AND PLANS FOR REQUIREMENTS CITY Frequencies SI90 MATERIALS SAMPLING CHARGE EA 1 1 1 $60.00 $60.00 S510 PROCTOR-STANDARD ASTM D698 EA I I I $226.00 $226.00 V486 VEHICLE TR 1 2 2 $48.00 $96.00 01.1.SOILS-FLEX BASE LIFTS/MIN SUBTOT TOTAL RATE AMOUNT FLEXIBLE BASE SEE CITY SPECS AND PLANS FOR REQUIREMENTS CITY Frequencies S190 MATERIALS SAMPLING CHARGE EA 1 I 1 $70.00 $70.00 S502 ATTERBERG LIMITS/PLASTICITY INDEX(with Aggregate)ASTM EA 1 I 1 $99.00 $99.00 5504 GRADATION(Sieve Analysis)ASTM C136 EA 1 I 1 $99.00 $99.00 5522 PROCTOR-MODIFIED ASTM D1557 EA 1 I 1 $266.00 $266.00 S548 LA ABRASION(ASTM C131) EA 1 I 1 $338.00 $338.00 S606 TRIAXIAL EA 1 I 1 $781.00 $781.00 S610 CALIFORNIA BEARING RATIO(ASTM 01883) EA 1 I 1 $515.00 $515.00 02.ASPHALT LIFTS/MIN SUBTOT TOTAL RATE AMOUNT 2.5"HMACP TYPE D T-1 per S00 tons A105 ASPHALT FULL SERIES(ASTM CI 17,C136,D2041,D6307) EA 1 1 1 $667.00 $667.00 SI91 SAMPLE PREPARATION CHARGE EA 1 1 1 $72.00 $72.00 S200 ROLLING PATTERN HR 1 1 1 $74.00 $74.00 V486 VEHICLE TR 1 i 1 $48.00 $48.00 01.LABORATORY SUBTOTAL $3,745.00 Exhibit A-1 Monday,December 11,2017 Page 1 of 4 P120717B ro�aeeP` ►-4,, E12126 Police Vehicle Impound Yard and Garage Phase 2 � ' OC �c CITY OF CORPUS CHRISTI 0a,r CORPUS CHRISTI, TX o4. 4P. JEFFREY EDMONDS, P.E. 02. SITE GRADING 08.PERSONNEL LIFTS/MIN SUBTOT TOTAL RATE AMOUNT PROOF ROLLING HR-per hour P396 ENGINEERING TECHNICIAN HR $66.00 $66.00 V486 VEHICLE R $48.00 $43.00 02. SITE GRADING SUBTOTAL $114.00 03. UTILITIES 01.E.SOILS-UTILITY BACKFILL LIFTS/MIN SUBTOT TOTAL RATE AMOUNT TRENCH BACKFILL CITY Frequencies S600-I NUCLEAR FIELD DENSITY Min 3(ASTM D6938) EA 4 4 $47.00 S!83.00 V486 VEHICLE TR I $48.00 $48.00 03. UTILITIES SUBTOTAL $236.00 04. PAVING 01.A SOILS-SUBGRADE SF 16150 LIFTS/MIN SUBTOT TOTAL RATE AMOUNT 12"SUBGRADE 95%0698 0-3%OMC SF-1 per 3000 SF of each lift S600-1 NUCLEAR FIELD DENSITY Min 3(ASTM D6938) EA 1 6 6 $47.00 $282.00 V486 VEHICLE TR I 2 2 $48.00 $96.00 01.1.SOILS-FLEX BASE SF 16150 LIFTS/MIN SUBTOT TOTAL RATE AMOUNT 8"LIMESTONE TYPE A GR 1-2 98%D1557±2%OMC SF-1 per 3000 SF of each Ilft S600-I NUCLEAR FIELD DENSITY Min 3(ASTM D6938) EA 2 6 12 $47.00 $564.00 v486 VEHICLE TR 1 2 2 $48.00 $96.00 02.ASPHALT LIFTS/MIN SUBTOT TOTAL RATE AMOUNT 2.5"HMACP TYPE D CITY Frequencies A202 ASPHALT CORED IN PLACE DENSITY EA 4 4 $104.00 5416.00 V486 VEHICLE TR $48.00 $48.00 04. PAVING SUBTOTAL $1,502.00 Exhibit A-1 Monday,December 11,2017 Page 2 of 4 P1207176 ��`e .R.pTE12126 Police Vehicle Impound Yard and Garage Phase 2 ' OC Vo'y CITY OF CORPUS CHRISTI CORPUS CHRISTI,TX ��'� JEFFREY EDMONDS, P.E. 05.1 ALT 1 - BUILDING 01.A SOILS-SUBGRADE SF 3850 LIFTS/MIN SUBTOT TOTAL RATE AMOUNT 1'EXPOSED SUBGRADE 95%D698 AT OR ABOVE OMC SF-1 per 3000 SF of each lift $600-1 NUCLEAR FIELD DENSITY Min 3(ASTM D6938) EA I 3 3 $47.00 $'4 CO. V486 VEHICLE TR I 1 $48.00 $48.00 01.H.SOILS-SELECT FILL LIFTS/MIN SUBTOT TOTAL RATE AMOUNT BUILDING PAD SELECT FILL MAX LL 40;P1 7-18.35%-200,95%D698 AT OR ABOVE OMC CITY Frequencies S 190 MATERIALS SAMPLING CHARGE EA 1 I 1 $60.00 $60.00 S310 ATTERBERG LIMITS/PLASTICITY INDEX ASTM D4318 EA 1 I 1 $63.00 $63.00 S510 PROCTOR-STANDARD ASTM D698 EA I I 1 $226.00 $226.00 S599 FINER THAN#200 MESH(Decantation)ASTM C117 EA 1 I 1 $68.00 $68.00 V486 VEHICLE TR 1 1 1 $48.00 $48.00 SF 3850 LIFTS/MIN SUBTOT TOTAL RATE AMOUNT 3'SELECT FILL 95%D698 AT OR ABOVE OMC SF-1 per 3000 SF of each lift 5600-1 NUCLEAR FIELD DENSITY Min 3(ASTM D6938) EA 6 3 18 $47.00 $846.00 V486 VEHICLE TR 1 6 6 $48.00 $288.00 03. CONCRETE CY 100 LIFTS/MIN SUBTOT TOTAL RATE AMOUNT 1 @7,3@28 CY-1 set every 50 CY C301-1 CONCRETE CYLINDERS(Min 4) EA 4 2 8 $47.00 $376.00 S399 CUBES/CYLINDERS PICK UP FEE POU I I I $46.00 $46.00 V486 VEHICLE TR 1 2 2 $48.00 $96.00 05.OBSERVATIONS CY 3850 LIFTS/MIN SUBTOT TOTAL RATE AMOUNT REBAR INSPECTION HR-per hour 0501 OBSERVATIONS(Pier,Rebar,etc.Min I hour) HR 1 I I $91.00 $91.00 V486 VEHICLE TR 1 I I $48.00 $48 00 05.1 ALT 1 -BUILDING SUBTOTAL $2,445.00 Exhibit A-1 Monday,December 11,2017 Page 3 of 4 4P1207176 F 60 . tt? E12126 Police Vehicle Impound Yard and Garage Phase 2 0°. OC CITY OF CORPUS CHRISTI °ar CORPUS CHRISTI, TX JEFFREY EDMONDS, P.E. 05.2 ALT 2 - BUILDING 03. CONCRETE LIFTS/MIN SUBTOT TOTAL RATE AMOUNT 1 SET PER DAY,1 47,3428 3000 PSI P-1 set per days pour C301-1 CONCRETE CYLINDERS(Min 4) EA 4 3 12 $47.00 $564.,0 S399 CUBES/CYLINDERS PICK UP FEE POU 1 $46.00 $46.0 BUILDING SLAB/BEAMS CY-1set every 50CY C301-1 CONCRETE CYLINDERS(Min 4) EA 4 2 8 $47.00 $376.00 S399 CUBES/CYLINDERS PICK UP FEE POU I 1 1 $46.00 $46.00 V486 VEHICLE TR I 2 2 $48.00 $96.00 05. OBSERVATIONS LIFTS/MIN SUBTOT TOTAL RATE AMOUNT DRILLED PIER OBSERVATION 17 PIERS,6 PER DAY ASSUMED HR-per hour 0501 OBSERVATIONS(Pier.Rebar,etc.Min 1 hour) HR 8 3 24 $91.00 $2,184.00 V486 VEHICLE TR 1 3 3 $48.00 $144.00 REBAR INSPECTION • HR-per hour 0501 OBSERVATIONS(Pier,Rebar.etc.Min 1 hour) HR 1 1 1 $91.00 $91.00 V486 VEHICLE TR 1 1 1 $48.00 $48.00 TEST PIER 4 HOURS MIN HR-per hour 0501 OBSERVATIONS(Pier,Rebar,etc.Min 1 hour) HR 4 1 4 $91.00 $364.00 V486 VEHICLE TR 1 1 1 $48.00 $48.00 05.2 ALT 2- BUILDING SUBTOTAL $4,007.00 TESTING NOT INCLUDED TESTING NOT INCLUDED IN THIS PROPOSAL LIFTS/MIN SUBTOT TOTAL RATE AMOUNT TESTING NOT INCLUDED SUBTOTAL ESTIMATED TOTAL ALT 1 - SLAB ON GRADE $8042 Does not include Certified Welding Inspection or Special Inspections ESTIMATED TOTAL ALT 2 - PIERS $9604 (FF/FL;Fireproofing,Floor Moisture,etc),CMU Walls Exhibit A-1 Monday,December 11,2017 Page 4 of 4 1 • • 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; T 8 C Rev 09/17 Exhibit B Page 1 of 6 • (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 the same or similar conditions. 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 T & C Rev 09/17 Exhibit B Page 2 of 6 • 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) 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) $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended T& C Rev 09/17 Exhibit B Page 3 of 6 reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 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 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 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 noticeslnder 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 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) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) 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. 8.8 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 T&C Rev 09/17 Exhibit B Page 4 of 6 • 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 httDs://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 httD://www.cctexas.com/oovernment/city-secretary/confl ict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit"A"and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. T&C Rev 09/17 Exhibit B Page 5 of 6 • 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 Projects 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. T B C Rev 09/17 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 Contract Amd No. 1 COMPLETE PROJECT NAME Project No. JOODC Invoice No. 112345 Invoice Date 01/01/2017 Amd No. 2 Total Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Balance Percent Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1%