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HomeMy WebLinkAboutC2017-432 - 9/14/2017 - NA AGREEMENT for Geotechnical Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and PROFESSIONAL SERVICE INDUSTRIES, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Henry Galindo, P.E., Branch Manager,which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project. described as follows. West Guth Park Improvements (Project No. E14016) ("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 $3,500. Monthly invoices will be submitted in accordance with Exhibit "C". 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. aOt/ft' OF •O' ' ; 'I: I PROF SS AL SERVICE INDUSTRIES, INC. AL . ' II4,3/7 - 9-5-2017 -erie H. G y,: •. E. Date Henry Galindo, P.E. Date ecutive Dir-. or ,f Public orks Branch Manager 810 South Padre Island Drive Corpus Christi, TX 78416 APPROVED AS TO LEGAL FORM (361) 854-4801 Office , Aimee Alcorn-Reed Henry.galindo@psiusa.com v u 2017.09.05 14:00:19-05'00' Assistant City Attorney Date K 1ENG.NEERING CA-AEFCHAVGE\VELMAPIPARKS 6 REC1E'4016 WEST GUTH PARK CPOI\TESTING PSI\15 1215 TESTING AGREEMENT DOC Rev.1215115 2017-432 9/14/17 Professional Service Industries Inc INDEXED • • West Guth Park Improvements (Project No. E140161 Accounting Unit 3293-051 Account 550920 Activity E14016-01-3293-EXP Account Category 50920 Fund Name PK& RC 2013 GO BD 12 K%ENGINEERING DATAEXOHANGEVELMAPIPARKS B REC1E14016 WEST GUTH PARK CPDIITESTING PSI11$ 1215 TESTING AGREEMENT00C Rev 12/15115 Intertek 11127,114°"111 August 7, 2017 City of Corpus Christi Engineering Services Department 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Mr. Kevin McCord, Project Manager Re: Proposal for Geotechnical Engineering Services West Guth Park Improvements Project No. E14016 9725 Up River Road Corpus Christi, TX PSI Proposal No. 0325-219015 Dear Mr. McCord: Professional Service Industries, Inc. (PSI) is pleased to submit this proposal to conduct a geotechnical exploration at the above referenced property. PSI thanks you for the opportunity to propose these geotechnical services and looks forward to being part of the design team. A review of project information, along with a proposed scope of services, schedule and fee information is provided below. PROJECT UNDERSTANDING Project information was provided by Mr. Kevin McCord, Project Manager. with the City of Corpus Christi Engineering Services Department. The geotechnical exploration will be performed for the proposed improvements to West Guth Park in Corpus Christi. The details of the site and the proposed improvements are given below: Table 1 —Site Description Site Location West Guth Park, 9725 Up River Road, Corpus Christi, TX Site History Existing City Park Existing Site Ground Cover Grass and Pavement for Parking and Drives Existing Site Features Pavilion, Pool Facility, Maintenance Yard, Senior Center, Restroom. Pond Existing Site Grade/Elevation Changes ±30 Feet Across Entire Park Up River Road to the North: Residential Site Boundaries Development to the West. East, and South, Tuloso- Midway Middle School to the Southwest Ground Surface Soil Support Capability Firm Enough for Field Equipment Professional Service Industries,Inc.•810 S.Padre Island Dr.•Corpus Christi.TX 78758•Phone(361)854-4801•Fax(361)854-6049 EXHIBIT "A" Page 1 of 5 West Guth Park Improvements, Corpus Christi, 7X August 7. 2017 PSI Proposal No. 0325-219015 Page 2 of 8 Table 2—General Project Description _ Structure(s) Single-Story Pavilion 1 BBQ Trailer Parking Area Structural Plan Area(s) Pavilion: ±2,400 SF BBQ Trailer Parking Area: Unknown Building Construction Type(s) Metal Frame with Concrete Floor Existing Grade Change within Building Pad(s) ± 1 Feet Estimate(No Topographic Information) Existing Grade Change within Project Site ±2 Feet Estimate(No Topographic Information) Finished Floor Elevation(s) Unknown Anticipated Foundation Type(s) Monolithic Stiffened Beam and Slab on Grade Maximum Column Load(s) Less than 100 kips for Pavilion Maximum Wall Load(s) Less than 2 kips per Lineal Foot Should the above information or assumptions be inconsistent with planned construction, the Client should contact the PSI office and allow necessary modifications be made to the proposal. SCOPE OF SERVICES The geotechnical engineering scope of services will include the following items. • Field exploration consisting of drilling and sampling of the subsurface materials and observing groundwater levels at the site. • Laboratory testing of the subsurface materials. • Performing engineering analysis and providing geotechnical recommendations in written report. Field Exploration As requested by the Kevin McCord with the City of Corpus Christi Engineering Services Department, the subsurface conditions shall be explored with a total of 3 borings. PSI understands the proposed boring for the future west playground is for soil information only and geotechnical design recommendations for the playground is not included with this proposal. The table below summaries exploratory boring program. Table 3—Summary of Borings Design Element Number of Boring Depth(s) Drilling Footage Borings (feet) (feet) Pavilion 1 25 25 LBBQ Trailer Parking Area 1 25 25 Future West Playground 1 5 5 TOTAL 3 --- 55 The borings locations will be identified in the field using available natural landmarks or GPS coordinates. Surveying of the boring locations to obtain surface coordinates and elevations is beyond the scope of work and should be surveyed by others prior to construction. References to elevations of various subsurface strata will be based on depths below existing grade at the time of drilling. • During the field activities, the subsurface conditions were observed, logged, and visually classified field notes were maintained to summarize soil types and descriptions, water levels, changes in subsurface conditions, and drilling conditions Intertek psi/ EXHIBIT "A" Page 2 of 5 • West Guth Park Improvements, Corpus Christi. TX August 7. 2017 PSI Proposal No.0325-219015 Page 3 of 8 • Final depths of the borings may be extended or reduced depending on the subsurface materials identified during field activities. • PSI will contact Texas811 or other public utility clearance companies prior to the start of drilling activities. It is our experience that these companies do not mark the locations of privately owned utilities. This proposal is based on private utility lines and other subsurface appurtenances are located in the field by others prior to field activities. • Some damage to the ground surface may result from the drilling operations near the work areas and along ingress/egress pathways. The field crew will attempt to limit such damage, but no restoration other than backfilling the borings is included in this proposal. Excess auger cuttings and drilling spoils would be spread of on the site. • PSI will exercise reasonable caution to avoid damages to underground utilities by contacting local utility companies prior to the field activities. However, private utility locations are often unknown by public utility companies and by the utility owners. Therefore, PSI will not be responsible for damage to the site or any buried utilities that are not made known to us. Table 4—Field Exploration Description Drilling Equipment Truck-Mounted Drilling Equipment Drilling Method Continuous Flight Auguring, Hollow-Stem Augers Drilling Procedure Applicable ASTM and PSI Safety Manual Field Testing Hand Penetrometer Split Spoon Testing (ASTM D1586) Sampling Procedure Soils:ASTM D1587/1586 Sampling Frequency Continuously to a Depth of 10 Feet and at 5-foot Intervals Thereafter Frequency of Groundwater Level Measurements During and After Drilling Boring Backfill Procedures Soil Cuttings Sample Preservation and Transportation Procedure General Accordance with ASTM D4220 Laboratory Testing Representative soil samples obtained during the field exploration program will be transported to the PSI laboratory for testing. The nature and extent of this laboratory testing program will be dependent upon the subsurface conditions identified during the field exploration program. The laboratory testing program on selected samples may include moisture content tests, Atterberg limits tests, unconfined compressive strength tests and other tests as required to identify the engineering characteristics of the subsurface materials. Engineering Analyses and Report The results of the field exploration and laboratory testing will be used in the engineering analysis and in the formulation of the recommendations. The results of the subsurface exploration. including the recommendations and the data on which they are based, will be presented in a written geotechnical report. The geotechnical report may include the following items: • A review of surface topographical features. geologic features, and site conditions; Intertek j EXHIBIT "A" Page 3 of 5 , West Guth Park Improvements, Corpus Christi. TX August 7,2017 PSI Proposal No.0325-219015 Page 4 of 8 • Boring location plan and boring logs with laboratory test results of subsurface materials encountered including groundwater levels; • Discussion of potential soil movements associated with shrinking and swelling soils at the site and methods to reduce these movements to more tolerable levels for the proposed construction; • Site preparation recommendations for the proposed construction: • Seismic design site classification per the International Building Code; • Foundation recommendations for the proposed structures; • Recommendations for preparation of the subgrade in proposed BBQ trailer parking area and pavement thickness recommendations. A pdf version of the geotechnical report, will be prepared and submitted by email to the Client and design team. If requested by the Client, additional hard copies can be provided. The geotechnical report will be reviewed, signed, and sealed by a registered Professional Engineer. SCHEDULE Based on the site being accessible to the truck rig, drilling can commence within approximately one week after receipt of authorization to proceed, weather permitting. Laboratory testing can be completed within five days after completion of drilling and the report will be issued within one week after completion of laboratory testing. Preliminary verbal recommendations could be made available after laboratory testing is completed. A final report can be provided within three (3) weeks following the final day of field operations. Delays sometime occur due to adverse weather, utility clearance requirements, site clearing requirements for drill rig access, obtaining drilling permits, obtaining Right of Entries and other factors outside of PSI's control. In this event, PSI will communicate the nature of the delay and provide a revised schedule at the earliest possible date. FEE PSI proposes that the fee for performance of the outlined scope of services be charged on a lump sum basis. Based on the scope of services outlined above, the estimated total fee will be $3,500.00. The estimated cost is based on the boring locations being accessible to truck mounted drilling equipment and the client will provide permission to enter and access about the site. If site conditions exist such that the use of a dozer or an All-Terrain Vehicle (ATV) is required to access the site, an additional charge may be necessary. Likewise, in the event clearing of trees or debris is necessary and performed by PSI, an additional fee will be necessary. In either event, the client will be notified prior to further action on the part of PSI. It should be noted that costs associated with locating private underground utilities, reviewing foundation drawings, preparing construction specifications, attending special conferences, providing environmental consulting, and any other work requested after submittal of the report is not included in the proposed fee. EXHIBIT "A" Page 4 of 5 West Guth Park Improvements. Corpus Christi, 1X August 7.2017 PSI Proposal No. 0325-219015 _ Page 5 of 8 Authorization PSI will proceed with the work based on written authorization. The work will be performed pursuant to the attached PSI's General Conditions, enclosed and incorporated into this proposal. Please sign and return one copy of this proposal. When returning the proposal, please complete the attached Project Data Sheet, and provide a scaled site plan so that PSI may best serve the project. By executing this authorization, permission is being provided for PSI to access the subject site. Closing We appreciate the opportunity to offer professional services for this project and looks forward to being part of the design team. If there are any questions, please feel free to contact any Intertek-PSI office. Respectfully submitted. Professional Service Industries, Inc. o A1---"Oth.c..----' Henry Galindo, P.E. Dexter Bacon, P.E. Branch Manager Chief Engineer Attachments: Proposal Authorization and Payment Instructions Project Data Sheet General Conditions psi EXHIBIT "A" Page 5 of 5 • • • • • 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. EXHIBIT"B" Page 1 of 6 EXHIBIT B 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 contractors means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous,acutely toxic or radioactive samples and samples'containers and residues to City. City agrees to accept such samples and samples'containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City EXHIBIT"B" Page 2 of 6 EXHIBIT B 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. 72 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. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. EXHIBIT"B" Page 3 of 6 • • EXHIBIT B 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 poor 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 Consultants 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 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: EXHIBIT"B" Page 4 of 6 • • EXHIBIT B 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 Consultants 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. 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. EXHIBIT"B" Page 5 of 6 EXHIBIT B 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-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. 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 0 & 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 01/01/2017 Total Current Amd No. 2 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 $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 Invoice Previous Invoice Total Invoice Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Balance Percent Complete $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 $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $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 $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% 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 $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% 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 matedals (T&M).