HomeMy WebLinkAboutC2019-405 - 6/24/2019 - 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 through its duly authorized City Manager or designee ("City Engineer"), and
Tolunav-Wong Engineers, Inc., a Texas corporation or partnership("LAB"), acting through its duly authorized
representative who is Don R. Rokohl, 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 Project No. E14055 Mary Rhodes Pipeline Office Building.
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 $7,415.00. Monthly invoices will
be submitted in accordance with Exhibit C.
4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE
PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only
hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and
city which exist at the PROJECT SITE are as follows: 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 details that are not specific to this Project.
CITY OF CORPUS H- TOLUNAY-WONG ENGINEERS, INC.
• 4icji
Je . Edmonds, P. . D. e Don R. Rokohl, P.E. /7j1
o
Director of Engineering Services Branch Manager
826 South Padre Island Drive
Corpus Christi, TX 78416
(361) 884-5050 Office
APPROVED AS TO LEGAL FORM drokohl@tweinc.com
2019.06.18
10:52:22 -05'00'
Assistant City Attorney Date
l estmg Agreement
Page I of 2
K\1-.ngineering Proj(ct,Data Management1E14055 Mary Rhodes Pipeline Office Building\S.Testing Contracts(SUE and Geotechnical('onstr Matls.tlzd
Matls h Agreements(Blue-Backs and Memos)File I manor'
SCANNED
Accounting Unit: 4095-041
Account: 550920
Activity: E14055-01-4095-EXP
Account Category: 50920
Fund Name: Water 2015 MRP2
Amount: $7,415.00
Testing Agreement
Page 2 of 2
K:\Engineering Projects Data Management\E 14055 Mary Rhodes Pipeline Office Building\5.Testing Contracts(SUE and Geotechnical Constr Matls,Hzd
Matls)\Agreements(Blue-Backs and Memos)File Location
•
Tolunav-Wong Engineers, Inc.
826 South Padre Island Drive • Corpus Christi,Texas 78416 • Phone:(361)884-5050
May 31, 2019
City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469-9277
Attn: Mr. Isaac Perez
IsaacP@cctexas.com
Proposal for Geotechnical Engineering Services
E14055 Mary Rhodes Pipeline Modular Office Building
Refugio,Texas
TWE Proposal No.: P19-0082
Dear Mr. Perez,
Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit this proposal to provide geotechnical
engineering services for the referenced project. This proposal presents a general description of the
project, our proposed scope of services to be provided, and the estimated cost for completion of our
services associated with the project.
Project Overview
We understand a new modular office building will be sited at 132 Toupes Road in Refugio, Texas.
The new office building will be single story with about 1,265 square feet. A permanent reinforced
concrete foundation will be constructed for the building.
Scope of Services
We will provide the personnel, equipment and materials necessary to complete the requirements of
our scope of services. Our scope of services can be categorized into three major areas: field
program, laboratory testing, and engineering analysis/report preparation. The purpose of our
geotechnical engineering services will be to provide the geotechnical information needed to assist the
Client in the design and construction of permanent concrete foundation for support of the office
building.
Field Program
We propose to explore subsurface conditions by performing 1 test boring at the site, extending to a
depth of 25-ft below existing grade. We anticipate that the test boring can be accessed using
conventional truck-mounted drilling equipment. The test boring location will be surveyed using a
hand-held global positioning system (GPS) device. This proposal does not include pricing for
professional surveying services to provide precise coordinates and elevations of the test boring
location. If necessary,pricing for these services can be provided upon request by the Client.
We anticipate underground utilities could be of concern at the site location. Our field personnel will
work with appropriate client personnel to identify and avoid any known client owned underground
utilities. We will notify the Texas 811 One Call System prior to the commencement of our field
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Ortex it A
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OpTolunny-Wong May 31,2019
Engineers,Inc. TWE Proposal No.P19-0082
program for clearance of subsurface utilities within the project site. Our field personnel will have
the appropriate safety training and will be equipped with the required personal protective
equipment.
Our geotechnical engineering services will be under the direction of a Professional Engineer
experienced in geotechnical engineering. Our test boring will be logged by an experienced
geotechnician. We will dry-auger the test boring until groundwater is observed or until borehole
conditions require the use of wash-rotary drilling methods. When groundwater is encountered, the
level will be allowed to stabilize for about ten (10) minutes to fifteen (15) minutes prior to
completing the test boring.
Geotechnical drilling and sampling will be performed in accordance with ASTM International
standards. Samples will be obtained continuously to a depth of 12-ft, at the 13-ft to 15-ft depth and
at 5-ft depth intervals thereafter until the boring completion depth is reached.
Fine-grained, cohesive soils will be sampled using pushed, thin-walled Shelby tubes with an inside
diameter of 2.87-in. Our geotechnician will conduct field strength measurements using a pocket
penetrometer or hand torvane device on each cohesive soil sample recovered. The samples will be
wrapped in foil, placed in moisture sealed plastic bags and handled to minimize disturbance prior to
transport to our laboratory.
Where coarse-grained, cohesionless and semi-cohesionless soils are encountered, sampling will be
performed using standard penetration test (SPT) methods. Our geotechnician will monitor the
driving resistance and record blow counts while performing the SPTs. The disturbed samples from
the SPT sampling will be placed in moisture sealed plastic bags and delivered to our laboratory.
Upon completion of drilling and sampling, the borehole will be backfilled with cuttings and
surrounding surface soils as needed. Any remaining cuttings from the drilling operations will be
spread at the ground surface adjacent to the test boring location.
Laboratory Testing
Selected samples from the test borings will be used for laboratory testing. Our laboratory testing
program will include properties such as moisture content, unit weight, Atterberg Limits, grain size
distribution, and various shear strength tests.
Engineering Analysis/Report Preparation
Engineering analysis will be conducted utilizing the information collected during our field program
and laboratory testing services. Analyses will include foundation bearing capacity determination,
settlement prediction and foundation construction considerations. We will recommend suitable
foundation types and depths for the modular office building and provide foundation installation and
earthwork recommendations for the project. We will present the results and findings of our
geotechnical engineering services in a written report. Electronic and hard copies of our final report will
be issued to the Client as requested.
Our final report will include the following:
a. Summary of field and laboratory tasks;
b. Discussion and conclusions of our findings including:
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orteit A
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Tolunay-Wong May 31,2019
Engineers,Inc. TWE Proposal No.P19-0082
i. Project site conditions;
ii. Subsurface soil and groundwater conditions;and,
iii. Boring logs presenting tabulated field and laboratory test results;
c. Geotechnical design and construction recommendations for suitable foundation
systems including shallow footings and drilled piers (underreamed or straight
shaft)to support the new building;and,
d. Geotechnical construction recommendations including site and subgrade
preparation, excavation considerations, fill and backfill placement, compaction
requirements, foundation installation and overall quality control monitoring,
inspection and testing services.
Schedule
Upon authorization, our field program can typically commence within 5 working days depending on
our current schedule,site access,weather contingencies and subsurface utility clearance. We anticipate
the field program will take 1 day to complete with laboratory testing beginning as soil samples are
returned to the laboratory. We anticipate being able to complete all laboratory testing within 1 week.
Engineering analysis and preparation of our final report will require 2 weeks after all laboratory testing
is completed. We anticipate an overall project duration of about 4 weeks from notice to proceed to
completion of our report. During this time, we will communicate with the Client and provide
preliminary information as needed to avoid delays in the overall project schedule.
Estimated Cost
The estimated cost associated with our geotechnical services for this project is presented below.
Every reasonable effort will be made to stay within this proposed budget. Should unforeseen
conditions or situations occur that are beyond the control of TWE, we will not exceed this lump
sum amount without prior approval from the Client.
Alp
Description Unit Quantity Rate Extension--
Field
xtension Field Program
1 Mobilization/Demobilization of lump $750.00 $750.00
Geotechnical Equipment/Personnel sum
2 Standard Drilling/Sampling, 0'-25' hr 8 $250.00 $2,000.00
3 Geotechnician hr 10 $75.00 $750.00
4 Vehicle Charge trip 1 $75.00 $75.00
5 Standby Time(Outside of TWE Control) hour - $350.00 -
Laboratory Testing
6 Moisture Content/Visual Classification ea 5 $15.00 $75.00
7 Plastic and Liquid Limits, 1-Point Method ea 3 $50.00 $150.00
8 Percent Finer Than No. 200 Sieve ea 5 $50.00 $250.00
9 Unconfined Compression Strength ea 2 $40.00 $80.00
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New OrLe i i it A
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40 Tolunay-Wong May 31,2019
Engineers, Inc. TWE Proposal No.P19-0082
10 I U-U Triaxial Compression Strength I ea I 2 $60.00 I $120.00
Engineering Analysis/Report Preparation
11 Consultant hr 4 $185.00 $740.00
12 Project Manager- Geotechnical hr 14 $150.00 $2,100.00
13 Computer Aided Draftsman hr 3 $75.00 $225.00
14 Administrative Support hr 2 $50.00 $100.00
Total Cost Estimate $7,415.00
Closing
We understand that upon acceptance of the proposal the City of Corpus Christi will issue a task
order for these services in accordance with the Master Service Agreement (Project No. E17101A)
between the City of Corpus Christi and Tolunay-Wong Engineers, Inc. Receipt of the executed
task order will serve as our authorization to proceed with our services for the project.
If you have any questions regarding this proposal, please contact us at (361) 884-5050. We appreciate
your consideration for this project and we look forward to working with you on this project.
Sincerely,
TOLUNAY-WONG ENGINEERS,INC.
Texas Board of Professional Engineers Firm Registration Number F-000124
J i f2b-ke-
hk
Don R. Rokohl, P.E.
Branch Manager
DRR/drr
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Or i i it A
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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.
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
•
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
•
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:
COMPLETE PROJECT NAME PaymentE Request
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