HomeMy WebLinkAboutC2017-383 - 7/17/2017 - NA .
AGREEMENT
for
Geotechnical and Engineering Services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation
("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and Rock Engineering &
Testing Laboratory, Inc., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative
who is Curtis A. Rock,Business Development Manager,which agree as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described
as follows: Lift Station Repairs Citywide 2017-2018(Project No. E16426)("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 $2,300.00. 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 H- STI C.X ROCK ENGINEERING&TESTING LABORATORY,INC.
& iL AIAA1 /1 i1Rc \ 074047
V-17 -1- H. Gray, '.E. /) `tate c;:u. Rock Date
Ex:" Live Director . "u. is yyo Business Development Manager
6817 Leopard Street
Corpus Christi,Texas 78409
(361)883-4555 Office
(361)883-4711 Fax
APPROVED/�. AS TO LEGAL FORM
1 /In 1 Aimee Alcorn-Reed
J�� -`- �i 2017.07.10 16:16:30-05'00'
Assistant City Attorney Date
Project Number E16426
Accounting Unit 4254-063
Account 550920
Activity E16426-01-4254-EXP
Account Category 50920
Fund Name Wastewater 2015
2017-383 ATERIE16426 LIFT STATION REPAIRS CITY WIDE 2017-2018ITESTINGICONTRACT DOC
Rev 12'15'15
7/17/17
Rock Engineering& Testing
INDEXED
PPG
• GEOTECHNICAL PPG`PP� 4eg • CONSTRUCTION MATERIALS ENGINEERING
CENGINEERING&TESTING
4%4).
oP�v • SOILS•ASPHALT•CONCRETE
4r0 0PQ
June 29, 2017
City of Corpus Christi
1201 Leopard Street
Corpus Christi,Texas 78401
Attention: Mr. Jeffrey Edmonds, P.E.
SUBJECT: PROPOSAL TO PERFORM A SUBSURFACE INVESTIGATION, LABORATORY
TESTING PROGRAM,AND PROVIDE FOUNDATION RECOMMENDATIONS
FOR THE PROPOSED
E16426 LIFT STATION REPAIRS CITYWIDE 2017-2018
PORT PEARSE LIFT STATION GENERATOR
Port Avenue and Pearse Street
Corpus Christi,Texas
RETL Proposal Number: P062017B (Revision 1)
Dear Mr. Edmonds,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to submit the
following proposal to perform a subsurface investigation, laboratory testing program, and provide
foundation recommendations for the proposed Port Pearse Lift Station Generator to be constructed off of
Port Avenue and Pearse Street located in Corpus Christi, Texas as part of E 16426 Lift Station Repairs
Citywide 2017-2018.
Based on information provided to RETL, the project will include the construction of a new generator pad.
The proposed generator pad is planned to be supported on a deep foundation system. Based on the
presence of overhead electric lines, RETL anticipates that the drilling operations will need to be
performed on the asphalt drive within the lift station perimeter fence.
It should be noted that preliminary loads and other design details have not been provided. If this
information becomes available, it should be forwarded to RETL so we might refine the scope of work.
As directed by Urban Engineering, RETL will perform one boring to a termination depth of 25-feet within
the footprint of the proposed structure(Total Number of Borings: 1; Total Linear Feet of Drilling: 25 LF).
The scope of work is outlined below.
Exhibit A
ROCK ENGINEERING&TESTING LABORATORY,INC. Page 1 of 4
Corpus Christi San Antonio Round Rock
Office:361.883.4555 Office:210.495.8000 Office:512.284.8022
Fax:361.883.4711 Fax:210.495.8015 Fax:512.284.7764
6817 Leopard St. 10856 Vandale 1 Roundville Ln.
Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664
www.rocktesting.com
•
Page 2 of 4 E16426 LIFT STATION REPAIRS CITYWIDE 2017-2018
June 29,2017 Port Avenue and Pearse Street;Corpus Christi,Texas
Attn: Mr.Jeffrey Edmonds, P.E. RETL Proposal No.: P062017B(Revision I)
Scope of the Proposed Subsurface Investigation
• RETL, ora representative of the client,will stake the boring in the field prior to the field investigation
and provide GPS coordinates for the boring location.
• Coordination with the Texas 811 System will be performed by RETL to identify underground utilities
in the proximity of the boring location. The boring will be relocated if necessary.
• The client shall perform due diligence to assure RETL that the boring location is accessible and clear
of private utilities and obstructions, such as piping, fences, shrubs and trees. The boring will be
relocated if necessary.
• An experienced soil technician will log the boring in the field full-time during the drilling operations.
• A truck mounted drilling rig will be utilized to access the boring location. If an all-terrain vehicle is
required, RETL should be notified to provide a revised scope of work and associated fee.
• The boring will be sampled every 2.5-feet to a depth of 15-feet and at 5-foot intervals thereafter to the
termination depths of the boring.
• Disturbed soil samples will be obtained employing split-barrel sampling procedures in general
accordance with the procedures for "Penetration Test and Split-Barrel Sampling of Soils, (ASTM
D 1586)."
• Undisturbed soil samples will be obtained using thin-wall tube sampling procedures in accordance
with"Thin Walled Tube Sampling of Soils, (ASTM D1587)"where applicable.
• The shear strength of cohesive soils, if present, when sampled using an undisturbed Shelby tube, will
be estimated using a hand penetrometer.
• Standard penetration tests (SPT) will be recorded in granular soils where applicable.
• The boring will be advanced to the depth specified above.
• GPS coordinates, obtained in the field at the boring location, will be recorded using a commercially
available Garmin handheld GPS model Etrex Venture using NAD 83 map datum.
• Groundwater readings will be obtained during drilling and immediately upon completion of the
drilling operations.
• After obtaining the groundwater readings, the open borehole will be backfilled with excess soils
obtained during the drilling operations and patched with cold-mix if applicable.
Scope of Laboratory Testing Program
• Supplementary Visual Classification(ASTM D2487)
• Water Content Tests (ASTM D2216)
• Atterberg Limits Tests(ASTM D4318)
• Unconfined Compressive Strength Tests (ASTM D2166)
• Percent Material Finer Than The#200 Sieve Tests (ASTM Dl 140)
The laboratory testing program will be performed in general accordance with applicable ASTM
Specifications. The field and laboratory test results will be included on the boring log or provided in the
report.
Exhibit A
ROCK ENGINEERING&TESTING LABORATORY,INC. Page 2 of 4
Corpus Christi San Antonio Round Rock
Office:361.883.4555 Office:210.495.8000 Office:512.284.8022
Fax:361.883.4711 Fax:210.495.8015 Fax: 512.284.7764
6817 Leopard St. 10856 Vandale 1 Raundville Ln.
Corpus Christi,TX 78409 San Antonio.TX 78216 Round Rock,TX 78664
www.rocktesting.com
Page 3 of 4 [16426 LIFT STATION REPAIRS CITYWIDE 1017-2018
June 29,2017 Port Avenue and Pearse Street;Corpus Christi,Texas
Attn: Mr.Jeffrey Edmonds,P.E. RETL Proposal No.: P062017B(Revision I)
Projected Schedule
After authorization, it is estimated that the drilling operations can be completed within 10 to 20 business
days and the final report will be submitted within three weeks of the completed fieldwork. RETL will
consult with the engineers as field and laboratory test results become available by providing preliminary
recommendations as required to assist in design. If adjustments to the proposed timeline are required to
meet the existing project schedule,please contact RETL so that we can accommodate your needs.
Geotechnical Engineering Report
In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that
includes a description of the field exploration and laboratory tests, a boring log, a discussion of the
engineering properties of the subsurface materials encountered, and foundation recommendations.
Fee and Limitations
We understand that we have been chosen to provide these services for this publicly funded project.
Therefore, by providing cost information, we are not in violation of the Texas Professional Services
Procurement Act.
The total fee to perform the scope of work outlined above is $2,300.00.
The Total Project Fee includes the field investigation, laboratory testing, foundation recommendations,
and report preparation. The following items will be added to the final invoice as required:
1. Standby time: $275.00 per hour/per company.
2. Additional cores/patches: $335.00 each.
Please note that the total fee provided above will be honored for 90 days after the date of this proposal.
After 90 days, RETL should be contacted to reevaluate the fees and revise the proposal as needed.
Services provided for any revisions after the submittal of the final report, approved by the client in a
change order, will be invoiced at a rate of$180.00 per hour.
The total fee to perform the scope of work does not include site assistance in the event the boring location
is inaccessible. Mechanical assistance required to access the boring location will be assessed based on the
subcontractors' hourly fee plus the mobilization fee.
Services provided by RETL under this Agreement will be performed in a manner consistent with the
degree of care and skill ordinarily exercised by members of the same profession currently practicing
under similar circumstances.
The Client shall provide for RETL's right to enter the property owned by the Client and/or others
and assure that the boring location is clear of underground utilities and accessible to drilling
equipment in order for RETL to fulfill the Scope of Services included hereunder.
Exhibit A
ROCK ENGINEERING& TESTING LABORATORY,INC. Page 3 of 4
Corpus Christi San Antonio Round Rock
Office:361.883.4555 Office:210.495.8000 Office:512 284.8022
Fax:361.8834711 Fax:210.495.8015 Fax:512.284.7764
6817 Leopard St. 10856 Vandale 1 Roundville Ln.
Corpus Christi,TX 78409 San Antonio.TX 78216 Round Rock,TX 78664
www.rocktesting.com
•
Page 4 of 4 E16426 LIFT STATION REPAIRS CITYWIDE 2017-2018
June 29,2017 Port Avenue and Pearse Street;Corpus Christi,Texas
Attn:Mr.Jeffrey Edmonds,P.E. RETL Proposal No.:P062017B(Revision 1)
The Parties to this agreement agree that if any claim is made that RETL failed to comply with any term of
this agreement or that it failed to perform its work and/or duties under this agreement properly, the client,
upon proof that there was some failure to comply or some mistake in the performance of the work, shall
not be entitled to recover any sum greater than the amount paid by the client to RETL for the service
performed by RETL or$25,000.00 whichever is less.
In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest
extent permitted by law, to indemnify and hold harmless RETL, his or her officers, directors, employees,
agents and sub consultants from and against all damage, liability or cost, including reasonable attorneys'
fees and defense costs, arising out of or in any way connected with this project or the performance by any
of the above named parties of the services under this Agreement, excepting only those damages, liabilities
or costs attributable to the sole negligence or willful misconduct of RETL.
Either the Client or RETL may terminate this Agreement at any time with or without cause upon giving
the other party 10-calendar days prior written notice. The Client shall within 10 calendar days of
termination pay RETL for all services rendered and all costs incurred up to the date of termination, in
accordance with the compensation provisions of this contract.
Closing
If you are in agreement with our proposed scope of work,please authorize us to proceed by signing in the
space below and returning one copy to us.
Thank you for your consideration of our firm to assist you with this project. If you have any questions, or
comments,please call at(361) 883-4555.
Sincerely, ACCEPTED AND APPROVED
�/LteN1 c By
Print
Brian J. Geiger, P.E.
Geotechnical Engineer Date
For payment of services, invoice to:
Finn: Attn:
Address: Title:
City: State: Zip Code: Phone: Fax:
E-mail address:
**Payment is due upon receipt of the invoice. Please remit to the above address and reference your
invoice number on payment.
Exhibit A
ROCK ENGINEERING&TESTING LABORATORY,INC. Page 4 of 4
Corpus Christi San Antonio Round Rock
Office:361.883.4555 Office:210.495.8000 Office:512.284.8022
Fax:361.883.4711 Fax:210.495.8015 Fax:512.284.7764
6817 Leopard St. 10856 Vandale I Roundville Ln.
Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664
www.rocktesting.com
•
EXHIBIT 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.
Testing Agreement T&C
Page 1 Rev. 04/07/2017
EXHIBIT B
•
EXHIBIT B
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;
(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.
Testing Agreement TBC
Page 2 Rev. 04/07/2017
EXHIBIT B
•
EXHIBIT B
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 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 Consultant must not commence work under this agreement until all required insurance
has been obtained and such insurance has been approved by the City. Consultant must not
allow any subcontractor to commence work until all similar insurance required of any
subcontractor has been obtained.
8.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy 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.
Testing Agreement T&C
Page 3 Rev. 04/07/2017
EXHIBIT 13
EXHIBIT B
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, Bodily Injury and Property Damage
required on all certificates or by Per occurrence- aggregate
applicable policy 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, Consultant must furnish
the City with copies of all reports of any accidents within 10 days of the accident.
8.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant'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. Consultant is required to provide
City with renewal Certificates.
8.5 Consultant 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. Consultant 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
Testing Agreement TSC
Page 4 Rev. 04/07/2017
EXHIBIT B
EXHIBIT B
8.6 Consultant agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
8.6.1 List the City and its officers, officials, employees and elected representatives as
additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract
with the City with the exception of the professional liability/Errors & Omissions
policy;
8.6.2 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;
8.6.3 Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation or non-renewal of 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,
Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to
City. City shall have the option to suspend Consultant'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 Consultant'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 Consultant to remove the exhibit hereunder,
and/or withhold any payment(s) if any, which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
8.9 Nothing herein contained shall be construed as limiting in any way the extent to which
Consultant may be held responsible for payments of damages to persons or property resulting
from Consultant's or its subcontractor's performance of the work covered under this agreement.
8.10 It is agreed that Consultants 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.
Testing Agreement TBC
Page 5 Rev. 04/07/2017
EXHIBIT B
•
EXHIBIT B
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/governmenticity-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.
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.
Testing Agreement T&C
Page 6 Rev. 04/07/2017
EXHIBIT B
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. XXXX
Invoice No. 12345
Invoice Date 01/0112017
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
$1250.00
$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%
EXHIBIT"C"
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