HomeMy WebLinkAboutC2019-390 - 6/17/2019 - NA AGREEMENT
for
Geotechnical,Construction Materials Testing,and Professional Services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation
("CITY"), acting throughits duly authorized City Manager or.designee ("City Engineer"), and Rock Engineering and
Testing Laboratory, lnc.,.a Texas corporation or partnership ("LAB"), actingthrough its duly authorized.representative
who is Curtis A. Rock.Chief Operating Officer which agree as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project,described
as#18007A Beach Ave.—E.Causeway Blvd.to Dead End at Gulfbreeze Blvd..
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 $6.874.00. Monthly invoices will be submitted in
accordance with Exhibit C.
4. CITY'S DISCLOSURE OF HAZARDOUS 8 TOXIC MATERIALS AND CONDITIONS AT THE PROJECT
SITE: To the best of the City's knowledge, based upon currently available information, .the only hazardous ortoxic
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: N/A.
5. OWNERSHIP OF DOCUMENTS:. All documents including contract documents (plans and specifications),
record drawings,contractor's field data and submittal data will be the sole property of the City and may not be used again
by Lab without the express terms written consent of the City Engineer. Lab may use standard detailsthatare not specific
to this Project.
CITY OF CORPU= RIS ROCK ENGINEERING 8 TESTING LAB,INC:
dr/Ll 06-11-19
Aldo' ii��
-ff H.E i monds P.E. D•to Cu R c Date
Director of Engineering Services Chief Operating Officer
6817 Leopard Street
Corpus Christi,TX 78409
(361)8834555 Office
curtis@rocktesting.com
APPROVED AS TO LEGAL FORM
)/9A �'2019.06.13
08:35:55 -05'00'
Assistant City Attorney Date
Testing Agreement
Paget oft'
K:1Engineering Projects Data Management118007A Beach Ave(Dead End at Guffbreeze to E.Causeway Blvd)15.Testing.Contracts1Agreements
SCANNED
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Accounting Unit: 3556-051
Account: 550920
Activity: 18007-A-3556-EXP
Account Category: 50920
Fund Name: ST2019 Bd18 P1
Amount: $6,874.00
Testing Agreement
Page 2 of 2
K:\Engineering Projects Data Management\18007A Beach Ave(Dead End at Gulfbreeze to E.Causeway Blvd)\5.Testing Contracts\Agreements
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044'S /4, • CONSTRU TON MATERIAENGINEERING
4, C .a ENGINEERING&TESTING
qe P�`` • SOILS•ASPHALT•CONCRETE
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May 17,2019
City of Corpus Christi
Engineering Services Department
1201 Leopard Street, 3rd Floor
Corpus Christi, Texas 78401
Attention: Ms. Sarah West,P.E.
SUBJECT: PROPOSAL TO PERFORM A SUBSURFACE INVESTIGATION, LABORATORY
TESTING PROGRAM,AND PROVIDE GEOTECHNICAL RECOMMENDATIONS
FOR THE PROPOSED
BEACH AVENUE RECONSTRUCTION PROJECT
East Causeway Boulevard to Gulf Breeze Boulevard
Corpus Christi,Texas
Bond 2018 Street Projects,Project Number 18007A
RETL Proposal Number: P032219B(Revision 1)
Dear Ms. West,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to submit the
following proposal to provide a subsurface investigation, laboratory testing, and a Geotechnical
recommendations report to be used during the design of the proposed Beach Avenue reconstruction project
from East Causeway Boulevard to the dead end after Gulf Breeze Boulevard in Corpus Christi, Texas.
Based on information provided to RETL, the project will include upgrading approximately 1,350 LF of
roadway. The proposed improvements for this project will include a three-lane roadway from E. Causeway
Boulevard to Timon Boulevard and the possibility of a two-lane roadway extending from Timon to the
existing park at the eastern end of Beach Avenue. The improvements will include the addition of curb and
gutter,ADA-compliant pedestrian improvements,and utility improvements.It is understood that the profile
grade line of the roadway will remain approximately the same.
Based on RETL's experience with soils in the area of the project, RETL will perform two borings to a
termination depth of 5-feet and two borings to a termination depth of 25-feet. (Total number of Borings: 4;
Total linear feet of Drilling: 60 LF). RETL will obtain pavement cores and sample, identify and measure
the pavement constituents at the four boring locations.
ROCK ENGINEERING&TESTING LABORATORY,INC.
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
Exhibit A
www.rocktesting.com
Page 1 of 6
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Page 2 of 5 PROPOSED BEACH AVENUE RECONSTRUCTION PROJECT
May 17,2019 East Causeway Boulevard to Gulf Breeze Boulevard
Attn:Ms. Sarah West,P.E. City of Corpus Christi
RETL Proposal No.:P032219B(Revision 1)
Additionally, RETL will perform the following:
• Evaluate the subsurface soils within the limits of the proposed roadway reconstruction project by
obtaining information on the in-situ soils and groundwater conditions and to provide flexible and
rigid pavement sections suitable for 30-year pavement designs.
• Provide recommendations for the use of either reinforced concrete or non-reinforced concrete
pavement and the suitability for each option.
• Provide soil parameters, trench excavation design parameters, OSHA soil type classification and
recommendations needed by the contractor/engineer to design braced excavations for installation
of underground utilities.
The scope of work is outlined below.
Scope of the Proposed Subsurface Investigation
• RETL will stake the boring/core locations in the field prior to the field investigation.
• Coordination with Texas One Call will be performed by RETL to identify underground utilities in the
proximity of the boring/core locations. The borings/cores will be relocated if necessary.
• RETL will provide proper traffic control and traffic control devices as required by the City of Corpus
Christi during our field investigation.
• The borings will be sampled every 2.5-feet to a depth of 15-feet, and at 5-foot intervals thereafter to the
termination depth of the borings.
• Groundwater readings will be obtained during drilling and immediately upon completion of the drilling
operations.
• After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess
soils obtained during the drilling operations, the base material will be replaced in the boreholes and
patched with cold mix. Any excess material from the boring operations will be disposed of by RETL.
Scope of Laboratory Testing Program
• Supplementary Visual Classification(ASTM D2487)
• Water Content Tests(ASTM D2216)
• Atterberg Limits Tests (ASTM D4318)
• Unconfined Compression Tests (ASTM D2166)
• Percent passing No. 200 (ASTM D1140)
The preceding test methods may be performed on selected samples, depending on the actual subsurface
conditions encountered. All phases of the laboratory testing program will be performed in general
accordance with applicable ASTM Specifications. All laboratory test results will be provided in the report
or included on the boring logs.
ROCK ENGINEERING&TESTING LABORATORY,INC.
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 7864,
www.rocktesting.com habit A
Page 2 of 6
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Page 3 of 5 PROPOSED BEACH AVENUE RECONSTRUCTION PROJECT
May 17,2019 East Causeway Boulevard to Gulf Breeze Boulevard
Attn:Ms. Sarah West,P.E. City of Corpus Christi
RETL Proposal No.:P032219B(Revision 1)
Projected Schedule
After authorization, it is estimated that the drilling operations can begin within 5 to 10 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, boring logs, a discussion of the
engineering properties of the subsurface materials encountered, trench excavation design parameters,
OSHA soil type classification, utility trench recommendations and pavement recommendations for the
proposed project utilizing the following information provided to RETL by the owner:
• Flow Line of Utilities,
• Street Elevations,
• Traffic Counts,
• Projected Percent Growth of Traffic Over Life of Pavement,
• Design Vehicles, and
• Percent Trucks.
Fees 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 $6,874.00.
See below table for cost breakdown.
ROCK ENGINEERING & TESTING LABORATORY,INC.
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 78zhibit A
www.rocktesting.com Page 3 of 6
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Page 4 of 5 PROPOSED BEACH AVENUE RECONSTRUCTION PROJECT
May 17,2019 East Causeway Boulevard to Gulf Breeze Boulevard
Attn:Ms. Sarah West,P.E. City of Corpus Christi
RETL Proposal No.: P032219B(Revision 1)
Drilling Services Price Per Quantity Total
Mobilization $350.00 ea 1 $350.00
Drill and Sample Borings $18.00 LF 60 $1,080.00
Pavement Cores $150.00 ea 4 $600.00
Traffic Control $1664.00 ea 1 $1,664.00
Excess Material Disposal Fee $275.00 ea 1 $275.00
TOTAL $3,969.00
Laboratory Testing
Atterberg Limits $60.00 ea 6 $360.00
Unconfined Compression $55.00 ea 2 $110.00
Moisture Content $12.00 ea 20 $240.00
Minus#200 Sieve Tests $50.00 ea 9 $450.00
TOTAL $1,160.00
Engineering and Report Prep
Project Engineer $200.00 hr 2 $400.00
Project EIT $125.00 hr 5 $625.00
Boring Logs $2.00 LF 60 $120.00
Report Prep $600.00 ea 1 $600.00
TOTAL $1,745.00
GRAND TOTAL $6,874.00
The total project fee includes the field investigation, laboratory testing, geotechnical and pavement
recommendations, and report preparation. The following items will be added to the final invoice as
required:
1. Additional drilling required due to subsurface conditions: $95.00 per linear foot.
2. Additional HMAC cores: $300.00 per core.
3. Standby time: $275.00 per hour/per company.
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/core
locations are inaccessible. Mechanical assistance required to access the boring locations 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.
ROCK ENGINEERING& TESTING LABORATORY,INC.
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 7864.bit
www.rocktesting.com xhi
Page 4 of 6 6
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Page 5 of 5 PROPOSED BEACH AVENUE RECONSTRUCTION PROJECT
May 17,2019 East Causeway Boulevard to Gulf Breeze Boulevard
Attn:Ms.Sarah West,P.E. City of Corpus Christi
RETL Proposal No.:P032219B(Revision 1)
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
By
Print
R. Eichelberger, III,P.E.
Senior Project Engineer Date
For payment of services, invoice to:
Firm: 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.
ROCK ENGINEERING&TESTING LABORATORY,INC.
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 7864ibit A
www.rocktesting.com Page 5 of 6
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Exhibit A
Page 6of6
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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 rests, inspections and services performed
indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports
must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the
structure of the Project area subjected to any testing.
1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit
to the City Engineer or designee documentation of such calibration.
Secure representative samples of those materials that the City's contractor proposes to use which require testing,
together with relevant data concerning such materials including the point of origin and supplier.
1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies
specifically designated in writing by the City Engineer.
1.6 Retain records relating to services performed for City for a period of two years following submission of any
reports, during which period the records will be made available to the City at all reasonable times.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar
payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will:
2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other
information for the proper performance of services by Lab.
2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials
are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's
services to be performed under this Agreement and which must be promptly notified by Lab when it appears that
materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit
instructions, receive information and data and/or interpret and define the City's policies and decisions with respect
to the Project. Lab acknowledges that certain City representatives may have different types of authority
concerning the Project.
2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for
completion of the required services. Such advance notice will be in accordance with that established by mutual
agreement of the parties.
2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to:
(a) Stop work at the appropriate times for Lab to perform contracted services;
(b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to
facilitate the specified inspection and tests;
T&C Rev 09/17
Exhibit B
Page 1 of 6
(c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test
specimens that must remain on the Project site prior to, during and up to 60 days after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of
those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the
Project architects, design engineers or any other design agencies or authorities.
3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or
other contract documents nor to approve or accept any portion of the work. Lab does not have the right of
rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate
times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also
agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or
procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project
contractor of its responsibilities for performing the work in accordance with the Project plans and specifications.
For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and
the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors
does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be
a warranty by Lab to the City or any other party.
4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain
the samples for a period of 60 days following the date of submission of any report related to the sample. Following
the retention period, Lab will dispose of non-hazardous samples, and return hazardous, acutely toxic or
radioactive samples and samples' containers and residues to City. City agrees to accept such samples and
samples'containers.
ARTICLE 5. STANDARD OF CARE AND WARRANTY
Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised
by reputable members of the profession currently practicing under the same or similar conditions. No other warranty either
expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the
interpretation or use by others of data developed by Lab.
ARTICLE 6. INDEMNIFICATION
Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, or other entity, excluding the engineer or architect or that
person's agent, employee or subconsultant, over which the City exercises control
("Indemnitee") from and against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and court costs, to the extent that the damage is caused by or
results from an act of negligence, intentional tort, intellectual property infringement or failure
to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or
another entity over which Lab exercises control while in the exercise of rights or performance
of the duties under this agreement. This indemnification does not apply to any liability
resulting from the negligent acts or omissions of the City or its employees, to the extent of
such negligence.
Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against
any and all claims, damages, liabilities or costs, including reasonable attorney fees and court
T & C Rev 09/17
Exhibit B
Page 2 of 6
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costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's
fees in proportion to the Lab's liability.
Lab must advise City in writing within 24 hours of any claim or demand against City or Lab
known to Lab related to or arising out of Lab's activities under this Agreement.
ARTICLE 7. INVOICES AND PAYMENT
7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each
invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer.
7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.
ARTICLE 8. INSURANCE REQUIREMENTS
8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such
insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all
similar insurance required of any subcontractor has been obtained.
8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of
Certificates of Insurance (COI)with applicable policy endorsements showing the following minimum coverage by
an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or number must be
listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, required Bodily Injury and Property Damage
on all certificates or by applicable policy Per occurrence- aggregate
endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) $2,000,000 Aggregate
(Defense costs must be outside policy limits)
If claims made policy, retro date must be prior
to inception of agreement, have extended
T& C Rev 09/17
Exhibit B
Page 3 of 6
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reporting period provisions and identify any
limitations regarding who is insured.
WORKERS' COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports
of any accidents within 10 days of the accident.
8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance
company. The coverage must be written on a policy and endorsements approved by the Texas Department of
Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be
required if Lab is not domiciled in the State of Texas.
8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at
Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted
to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to
provide City with renewal Certificates.
8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be
endorsed to contain the following required provisions:
(a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception of the workers'compensation policy
and professional liability/Errors&Omissions policy;
(b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
(c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the
City; and
(d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-
renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for
nonpayment of premium.
8.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend
T&C Rev 09/17
Exhibit B
Page 4 of 6
Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to
maintain the required insurance shall constitute a material breach of this contract.
8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or
policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to
remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until
Lab demonstrates compliance with the requirements hereof.
8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held
responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's
performance of the work covered under this agreement.
8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or
self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement.
8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation
contained in this agreement.
ARTICLE 9. TERMINATION OF AGREEMENT
The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the
address of record. Lab will be compensated for services performed up to termination.
ARTICLE 10. CONTROLLING LAW
This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal
proceedings lie exclusively in Nueces County, Texas.
ARTICLE 11. DISCLOSURE OF INTERESTS
11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests
form as part of this Agreement, if required.
11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate
of Interested Parties as part of this Agreement, if required. For more information, please review the information
on the Texas Ethics Commission website at 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. T& C Rev 09/17
Exhibit B
Page 5 of 6
13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid,
illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be
construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any
default will be a waiver of any future default.
13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may
subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement.
ARTICLE 14. SAFETY
City and Lab agree that, in accordance with the generally accepted construction practice, the 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.
T&C Rev 09/17
Exhibit B
Page 6 of 6
Sample form for:
Payment Request
COMPLETE PROJECT NAME AE Contract
Project No.XXXX Revised 02/01/17
Invoice No.12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No.1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
0&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees: ,
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
If needed, update this sample form based on the contract requirements. Exhibit C
If applicable,refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1