HomeMy WebLinkAboutC2018-776 - 12/18/2018 - NA AGREEMENT
for
Geotechnical, Construction Materials Testing, and Professional Surveying 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 Terracon Consultants, Inc.,
a Delaware corporation or partnership ("LAB"), acting through its duly authorized representative Tom Barker, Office
Manager agrees as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described
as Projects: 18092A Woodsboro Pump Station Roof Repairs (FMAC) & 18093A Bloomington Pump Station Roof
Repairs (FMAC1.
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 $2,310.85. 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. Lab may use standard details that are not specific
to this Project. Lab shall not be liable for a unauthorized reuse or modification by City of Lab's documents.
CITY OF CORPPU , RIS TERRACON CONS TANTS, INC.
411/01
Jeff H. dmonds, P.E. ''at- Tom B�r DC 4
Director of Engineering Services Office Manager
3606 WOW Road, Corpus Christi, TX 78413
APPROVED AS TO LEGAL FORM (361)420-6023 Office
2018.12.1710:59:10 tom.barker@terracon.com
-06'00'
Assistant City Attorney Date
C2018-776
12/18/18
Terracon Consultants Inc. Contract for Professional Services
Page 1 of 2
SCANNED
•
Accounting Unit: 4095-041
Account: 550970
Activity: 18092-A-4095-EXP = $1,155.42
18093-A-4095-EXP = $1,155.43
Account Category:50970
Fund Name: Water 2015 MRP2
Amount: $2,310.85
Contract for Professional Services
Page 2 of 2
November 19, 2018 lierracon
City of Corpus Christi
Engineering Services Department
1201 Leopard Street
Corpus Christi, Texas 78401
Attn: Mr. Jeffrey Edmonds, PE
P:361.826.3500
E: ieffreve(a�cctexas.com
Re: Limited Asbestos Survey
18092A Woodsboro and 18093A Bloomington Pump Stations Roof Repair 132
Toupes Road, Refugio,Texas 78377
75 Edna Lane South,Victoria,Texas 77905
T erracon Proposal No. P90187642
Dear Mr. Edmonds:
Terracon Consultants, Inc. (Terracon) is pleased to submit this proposal to provide limited
asbestos inspection services at the above referenced location. We understand the purpose of
the survey is to identify, assess and quantify asbestos-containing materials (ACM) associated
with the Woodsboro and Bloomington Pump Stations Roof Repair project located at 132
Toupes Road in Refugio and 75 Edna Lane South in Victoria, Texas. The scope of services is
intended to meet state and federal requirements for asbestos inspection projects conducted
prior to renovation or demolition of public buildings.
PROPOSED SCOPE OF SERVICES
Task 1 —Asbestos Inspection Services
Terracon will mobilize Texas Department of State Health Services (TDSHS) licensed Asbestos
Inspector(s) to conduct an asbestos survey as required by US Environmental Protection
Agency (USEPA) regulation 40 CFR Part 61, National Emissions Standards for Hazardous Air
Pollutants (NESHAP) and the TDSHS Texas Asbestos Health Protection Rules (TAHPR).
Terracon will conduct a visual assessment of the buildings interior and exterior (including roof)
to identify materials suspected of containing asbestos (suspect ACM) such as thermal system
insulation, surfacing materials, and miscellaneous materials (e.g., sink mastics, suspended
acoustical ceiling tiles, and floor tiles). Suspect materials will be physically assessed for
friability and evidence of damage or degradation. Samples of suspect ACM will be collected for
laboratory analysis. Bulk sample collection will be conducted in general accordance with the
protocols outlined in USEPA 40 CFR 763.86. Some isolated damage to building materials will
occur during sampling; however, Terracon will attempt to limit such damage to the extent
necessary for sample collection.
Terracon Consultants,Inc 6911 Blanco Road,San Antonio Texas 78216 Exhibit A
P 12101 641-2112 F [2101 641-2124 terracon.com Texas Professional Engineers No 3272 Page 1 of 4
Environmental Facilities Geotechnical Materials
Proposal for Limited Asbestos Survey
Woodsboro& Bloomington Pump Stations Roof Repair RefugioNictoria, Texas lierracon
November 19, 2018 =n Terracon Proposal No. P90187642
We have not had the opportunity to visit the site; however, based on our experience with similar
projects we estimate up to Thirty-six (36) samples will be collected for analysis as part of the
limited asbestos survey. The homogeneous materials which will be sampled in this
investigation may include but will not be limited to: caulk, insulation, CMU texture and
fireproofing materials.
The scope will be confined to areas accessible on the day the survey work is conducted, but it
is intended to access the interior and exterior (including roof) of the buildings. Sampling cannot
be conducted in rooms or areas that are not made available for inspection, and will not be
conducted if the materials are inaccessible due to physical barriers, confined spaces or if they
cannot be safely reached with available ladder/man lifts, etc.
An accredited laboratory will analyze bulk material samples by visual estimation using polarized
light microscopy (PLM). When PLM sample results of friable materials are greater than zero
but less than 10% asbestos, USEPA regulations recommend that the sample be re-analyzed
using the more quantitative Point Counting technique, or that the material be considered ACM
and subject to NESHAP regulations.
If PLM analysis reveals the presence of asbestos, Terracon will contact the client to discuss the
merits of point count analysis. Client approval will be obtained before authorizing re-analysis if
additional costs will be incurred.
REPORT
Terracon will prepare a written report describing the sampling methodology and the results of
the survey. The report will describe the number, type and location of building material samples
collected, the analytical results, the estimated quantity and the condition of materials identified
as ACM. No drawings depicting the location and extent of ACM will be included in the report.
Estimates of ACM removal costs will not be provided unless specifically requested in advance
by the Client. Unless otherwise instructed, one (1) electronic copy of each report will be
submitted to the Client.
SCHEDULE
Terracon is prepared to begin this work as soon as site access can be arranged and confirmed.
The on-site inspection and sample collection will require approximately one working day to
complete. The laboratory analysis of the samples will require approximately five additional
days. A verbal report of the analysis results can be given to the client if requested and the
completed inspection report will be delivered to the client within ten working days of receipt of
laboratory analysis. If a more rapid turnaround is required, please contact me so that we can
discuss alternatives to perform the project on an accelerated basis.
Responsive ■Resourceful •RPI: t'` 2
Exhibit A
Page 2 of 4
Proposal for Limited Asbestos Survey
Woodsboro& Bloomington Pump Stations Roof Repair RefugioNictoria, Texas 1rerracon
November 19, 2018 Terracon Proposal No. P90187642
GENERAL COMMENTS
The analysis, comments and recommendations presented in the written report will be based on
the information collected as discussed in this proposal. If requested by the client, Terracon
may provide a verbal report prior to completion of a final written report. The content of the final
written report takes precedence over any verbal reports which may be provided. Please note
that Terracon does not warrant the work of laboratories, regulatory agencies or other third
parties supplying information used in the preparation of the report. Terracon cannot guarantee
a building or building components to be asbestos free.
This proposal has been prepared for City of Corpus Christi for use on the referenced project.
The report prepared as part of the services herein shall be for the exclusive use and reliance of
City of Corpus Christi and shall not be conveyed to third parties without prior written
authorization from them and Terracon.
If this proposal meets with your approval, work may be initiated by returning an executed copy
of the attached Agreement for Services to our San Antonio office. Project initiation may be
expedited by forwarding a copy of the signed Agreement for Services to Will DeVeau via
electronic mail at will.deveau@terracon.com or fax at 210.641.2124.
The terms, conditions and limitations stated in the Agreement (and sections of this proposal
incorporated therein), shall constitute the exclusive terms and conditions and services to be
performed for this project. This proposal is valid only if authorized within sixty (60) days from
the proposal date.
We appreciate the opportunity to provide this proposal and look forward to working with you on
this project. In addition to asbestos services, our professionals provide environmental, facilities,
geotechnical, and material services on a wide variety of projects locally, regionally and
nationally. For more detailed information on all of Terracon's services please visit our web site
at www.terracon.com.
If you have any questions or comments regarding this proposal or require additional services,
please give me a call.
Sincerely,
Terracon Consultants, Inc.
//A' L- 11,:d CX). ,10.4"
Warren P. Dean Will C. DeVeau
TDSHS Asbestos Inspector TDSHS Individual Asbestos Consultant
License No. 603403 License No. 105734
Warren.Dean(wterracon.com Will.DeVeauterracon.com
Attachment: Agreement for Services
■ 4
Exhibit A
Page 3 of 4
Proposal for Limited Asbestos Survey
Woodsboro& Bloomington Pump Stations Roof Repair RefugioNictoria, Texas ir
erracon
November 19. 2018 Terracon Proposal No. P90187642
PROJECT BUDGET
The project budget is based on our understanding of the scope of work as outlined above. All
tasks are presented as time and material. The following is an estimate based upon available
data and will not be exceeded without Client approval.
Limited Asbestos Survey
On-site collection of suspect ACM samples.
(includes travel time)
$ 85.00/hour (estimate 10 hours) $ 850.00
PLM (Asbestos) Sample Analysis.
$ 15.00/sample (estimate 36 samples) $ 540.00
Mileage, $0.55/mile (estimate 347 miles roundtrip), $ 190.85
Inspection report preparation,
Report Preparation, $95.00/hour(estimate 5 hours) $ 475.00
Clerical, $ 65.00/hour(estimate 2 hours) $ 130.00
Senior Consultant Review, $125.00/hour (estimate 1 hour) $ 125.00
Estimated Survey Cost: $ 2,310.85
Additional samples, if required, will be invoiced at $15 each plus an appropriate quantity
of labor at a rate of $85.00 per hour. Point count analysis, if conducted, will be invoiced
at the rate of$35.00 per sample.
Terracon's invoice will be submitted to the client upon completion of the proposed services. If
conditions are encountered at the site which requires significant changes in the scope of
services, such as an increase in the anticipated number of samples or labor which will increase
the cost of the survey, you will be contacted for discussion and approval of such changes
before we proceed.
CONDITIONS
Items to be provided by the client include:
The legal right-of entry to conduct the assessment.
Any restrictions or special access requirements regarding the site shall be made known
to Terracon prior to site mobilization.
Any known environmental conditions at the site (i.e.,, hazardous materials or processes,
specialized protective equipment requirements, unsound structural members, etc.) shall
also be communicated to Terracon prior to site mobilization.
A diagram of the building layout such as a scaled architect's drawing or construction
drawing (if available) will be provided to Terracon.
3
Exhibit A
Page 4 of 4
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;
Exhibit B
Page 1 of 6
•
(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 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.
Exhibit B
Page 2 of 6
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),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 (except Professional Liability). 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
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
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 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
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.
Exhibit B
Page 4 of 6
8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or
policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to
remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until
Lab demonstrates compliance with the requirements hereof.
8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held
responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's
performance of the work covered under this agreement.
8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or
self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement.
8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation
contained in this agreement.
ARTICLE 9. TERMINATION OF AGREEMENT
The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the
address of record. Lab will be compensated for services performed up to termination.
ARTICLE 10. CONTROLLING LAW
This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal
proceedings lie exclusively in Nueces County, Texas.
ARTICLE 11. DISCLOSURE OF INTERESTS
11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests
form as part of this Agreement, if required.
11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate
of Interested Parties as part of this Agreement, if required. For more information, please review the information
on the Texas Ethics Commission website at https://www.ethics.state.tx.us.
11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of
Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a
Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/citv-secretary/conflict-disclosure/index.
ARTICLE 12. CLAIMS
12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative.
The responsibility to substantiate a claim rests with the party making the claim.
12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement
negotiations for purposes of applicable rules of evidence.
ARTICLE 13. EXTENT OF AGREEMENT
13.1 This Agreement, including Exhibit"A" and these Terms and Conditions, represents the entire Agreement between
City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement
may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any
conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and
Conditions are controlling.
Exhibit B
Page 5 of 6
(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 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.
Exhibit B
Page 6 of 6
Sample form for:
COMPLETE PROJECT NAME Paymenton Tact
AEE CContract
Project No. XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
0 & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
If needed, update this sample form based on the contract requirements. Exhibit C
If applicable, refer to the contract for information on what to include with time and materials (T&M). Page 1 of 1