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 $3,500. Monthly invoices will be
submitted in accordance with Exhibit "C".
4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE
PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only
hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and
city which exist at the PROJECT SITE are as follows: None.
5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and
specifications), record drawings, contractor's field data and submittal data will be the sole property of the City
and may not be used again by Lab without the express terms written consent of the City Engineer. However,
Lab may use standard details that are not specific to this Project.
aOt/ft' OF •O' ' ; 'I: I PROF SS AL SERVICE INDUSTRIES, INC.
AL . ' II4,3/7 - 9-5-2017
-erie H. G y,: •. E. Date Henry Galindo, P.E. Date
ecutive Dir-. or ,f Public orks Branch Manager
810 South Padre Island Drive
Corpus Christi, TX 78416
APPROVED AS TO LEGAL FORM (361) 854-4801 Office
, Aimee Alcorn-Reed Henry.galindo@psiusa.com
v u 2017.09.05 14:00:19-05'00'
Assistant City Attorney Date
K 1ENG.NEERING CA-AEFCHAVGE\VELMAPIPARKS 6 REC1E'4016 WEST GUTH PARK CPOI\TESTING PSI\15 1215 TESTING AGREEMENT DOC
Rev.1215115
2017-432
9/14/17
Professional Service Industries Inc
INDEXED
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West Guth Park Improvements (Project No. E140161
Accounting Unit 3293-051
Account 550920
Activity E14016-01-3293-EXP
Account Category 50920
Fund Name PK& RC 2013 GO BD 12
K%ENGINEERING DATAEXOHANGEVELMAPIPARKS B REC1E14016 WEST GUTH PARK CPDIITESTING PSI11$ 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
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EXHIBIT B
TERMS AND CONDITIONS TO TESTING AGREEMENT
ARTICLE 1. SERVICES: Lab will:
1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the
technical or professional areas of expertise of Lab and which Lab is adequately staffed and
equipped to perform.
1.2 Perform technical services under the supervision of a licensed professional engineer and in
compliance with the basic requirements of the appropriate standards of the American Society for
Testing and Materials, where applicable, and other standards designated in writing by the City
Engineer.
1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services
performed indicating, where applicable, compliance with the Project specifications or other
contract documents. Such reports must be complete and factual, citing the tests performed,
methods employed, values obtained and parts of the structure of the Project area subjected to
any testing.
1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon
request, submit to the City Engineer or designee documentation of such calibration.
Secure representative samples of those materials that the City's contractor proposes to use
which require testing,together with relevant data concerning such materials including the point of
origin and supplier.
--------- -------
1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or
agencies specifically designated in writing by the City Engineer.
1.6 Retain records relating to services performed for City for a period of two years following
submission of any reports, during which period the records will be made available to the City at all
reasonable times.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and
any other similar payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES:City Engineer or designee will:
2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and
other information for the proper performance of services by Lab.
2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards
where materials are prepared or stored.
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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
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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
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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).