HomeMy WebLinkAboutC2019-435 - 7/18/2019 - 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.18005A Alameda St.--Louisiana to Chamberlain.
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 $18,880.00. 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 CHRISTI TOLUNAY-WONG ENGINEERS, INC.
97ç )/Ø 7/8/, PZ--1Z 1/I//i?
Mark Van Vleck to Don R. Rokohl,P.E. Date
Assistant City Manager Branch Manager
826 South Padre Island Drive
Corpus Christi,TX 78416
(361)884-5050 Office
drokohl@tweinc.com
I, 1iari 7 17 i
.eff H. ' :monds,P. I at-
Director of Engineering Services
APPROVED AS TO LEGAL FORM
91/0/4-/'-'>2019.07.16
11:33:15 -05'00'
Assistant City Attorney Date
Testing Agreement
Page I oft
K:1Engineering Projects Data Management118005A Alameda St-Louisiana to Chambedain15.Testing Contracts'Agreements
SCANNED
Accounting Unit: 3557-051
Account: 550920
Activity: 18008-A-3557-EXP
Account Category: 50920
Fund Name: ST2019 Bd 18 P2
Amount: $18,880.00
Testing Agreement
Page 2 of 2
K:\Engineering Projects Data Management\18005A Alameda St-Louisiana to Chamberlain\5.Testing Contracts\Agreements
Tolunay-Wong Engineers, Inc.
826 South Padre Island Drive • Corpus Christi,Texas 78416 • Phone:(361)884-5050
May 29, 2019
City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469-9277
Attn: Ms. Marisa Alaniz, E.I.T.
MarisaAl(2 cctexas.com
Ref: Proposal for Geotechnical Engineering Services
18005A Alameda Street—Louisiana Ave to Chamberlain St.
Corpus Christi, Texas
Task Order#25 — 17101Z
TWE Proposal No.: P19-C071R1
Dear Ms. Alaniz,
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 that the project will involve reconstruction of the segment of Alameda Street
between Louisiana Avenue and Chamberlain Street in Corpus Christi, Texas with either flexible
(asphalt) or rigid (concrete) pavement sections(s) as well as possible replacement of underground
utilities as needed. This segment of Alameda Street is about 2500 feet long with an asphalt surface.
Visual observations indicate the street is in poor condition with asphalt cracking, patches, potholes,
and some uneven lanes. We understand that the road receives a mixture of mostly commercial and
residential vehicular traffic and that the results of a traffic count of all vehicles on this segment of
Alameda Street be provided in the future.
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 the reconstructed roadway cross section(s).
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orait A
Page 1 of 5
Page 1 of 5
fTolunay-Wong
EnEngineers, Inc. May 29,2019
g• TWE Proposal No.P19-0071 R1
Field Program
The subsurface conditions along this segment of Alameda Street will be explored by performing a
total of six (6) test borings, spaced about 500 feet apart, as requested. The proposed exploratory
depths are two (2) test borings to depths of 25-ft and four (4) test borings to depths of 5-ft below
existing grade. It is planned that the borings will be drilled with truck mounted drilling equipment.
Traffic control will be provided by Highway Barricades and Services, LLC (HBS). We anticipate
that the traffic control devices used will consist of a two (2) man crew with truck-mounted
attenuators, arrow boards, signage and channelizing devices. A traffic control plan will be
submitted to the City Traffic Engineering department for their approval so that the necessary permit
can be obtained.
The test boring locations will be identified by TWE and 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 locations. If necessary,
pricing for these services can be provided upon request by the Client.
Once the test boring locations are identified within the project site, we will notify the Texas 811
One Call System prior to the commencement of our field program for clearance of subsurface
utilities and/or pipelines within the project site. Our field personnel will have the appropriate safety
training and will be equipped with the appropriate personal protective equipment for work on an
active City street.
Our geotechnical services will be under the direction of a Professional Engineer experienced in
geotechnical engineering. Our test borings will be logged by an experienced geotechnician. We
will dry-auger the test borings 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 borings.
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. The existing
pavement section(s) will be penetrated by dry augering and the thickness of the existing pavement
section component(s)will be carefully measured and recorded by the geotechnician.
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 labeled moisture sealed plastic bags, and placed in core boxes 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 labeled moisture sealed plastic bags and delivered to our
laboratory.
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Ornit A
Page 2 of 5
Page 2 of 5
Tolunay-Wong
Engineers, Inc. May 29,2019
g TWE Proposal No.P19-0071 R1
The boreholes will be backfilled with soil cuttings and, as needed, imported backfill materials upon
completion of drilling and sampling. The surface of the boreholes will be repaired with an asphalt
cold patch or freshly mixed bagged concrete,whichever is appropriate.
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, unconfined compressive
strength, unconsolidated-undrained triaxial compressive strength, Atterberg Limits and grain size
distribution including percent passing No. 200 sieve.
Engineering Analysis/Report Preparation
Engineering analysis will be conducted utilizing the information collected during our field program
and laboratory testing services. We will provide geotechnical design and construction
recommendations for the proposed roadway reconstruction. We will present the results and findings
of our geotechnical services in a final 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. Discussion and conclusions of findings including:
• Summary of field and laboratory tasks;
• Existing project site conditions;
• Subsurface soil and groundwater conditions;
• Boring logs presenting tabulated field and laboratory test results;
b. Geotechnical design recommendations for the proposed roadway full reconstruction
in accordance with the AASHTO Guide for Design and Pavement Structures
including suitable flexible and rigid pavement sections for a 30-year service period,
layer material types, layer material thicknesses and subgrade support characteristics.
Several thickness combinations of each pavement component will be considered as
well as options for either lime stabilization or the use of geogrid as a substitute for
lime stabilization. A locally available crushed concrete will be considered as a
substitute for crushed limestone as flexible base material;
c. Geotechnical design recommendations for proposed underground utility installations
including OSHA soil classifications and soil design parameters for trench excavation
and braced excavation design;and,
d. Geotechnical construction considerations including site and subgrade preparation,
in-place soil stabilization, fill and backfill placement, compaction requirements,
foundation installation and overall quality control inspection, monitoring and testing
guidelines.
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orit A
Page 3 of 5
Page 3 of 5
1 olunav-\Vong
Op
Engineers, Inc. May 29,2019
TWE Proposal No.P19-C071R1
Schedule
Upon notice to proceed, our field program can typically commence within about five (5)working days
depending on our current field schedule, site access, weather contingencies and location of subsurface
utility and/or pipelines within the project alignment. We anticipate our field program will take one (1)
to two (2) working days to complete with laboratory testing beginning as soil samples are returned to
the laboratory. We anticipate that laboratory testing will be completed within two (2) weeks once
assignments are submitted. Preparation of our fmal report will require two (2) weeks after all
laboratory testing is completed. We anticipate an overall project duration of five (5) to six (6) weeks
from notice to proceed to completion of our fmal report. During this time,we will communicate with
the Client and provide preliminary geotechnical 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 lump sum of
$18,880. A detailed summary of the estimated cost 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.
Description ,lnit Quanta Rate Extension
Field Program
1 Traffic Control Services(FIBS) da., 1 $3,300.00 $3,300.00
2 Mobilization/Demobilization of lump sum 1 $500.00 $500.00
Geotechnical Equipment/Personnel
3 Geotechnical Drilling/Sampling, 0'-25' hour 10 $250.00 $2,500.00
4 Geotechnician hour 12 $75.00 $900.00
5 Support Vehicle trip 2 $75.00 $150.00
6 Standby Time (Outside of TWE hour - $250.00 -
Control)
Laboratory Testing
7 Moisture Content/Visual Classification each 19 $15.00 $285.00
8 Plastic and Liquid Limits, 1-Point each 12 $50.00 $600.00
Method
9 Percent Finer Than No. 200 Sieve each 19 $50.00 $950.00
10 Sieve Analysis each 3 $60.00 $180.00
11 Unconfined Compression Strength each 8 $40.00 $320.00
12 U-U Triaxial Compression Strength each 8 $60.00 $480.00
Engineering Analysis/Report Preparation
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Or mitit A
Page 4 of 5
Page 4 of 5
•
110 Tolunay-Wong
Engineers,Inc. May 29,2019
g TWE Proposal No.P19-C071R1
13 Consultant hour 9 $185.00 $1,665.00
14 Project Manager- Geotechnical hour 40 $150.00 $6,000.00
15 Computer Aided Draftsman hour 10 $75.00 $750.00
16 Administrative Assistant hour 6 $50.00 $300.00
-,+ Total Cost Estimate $18,880.00
Closing
We understand that City Task Order #25 is assigned 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 of TWE for this project and look forward to working with you.
Sincerely,
TOLUNAY-WONG ENGINEERS,INC.
Texas Board of Professional Engineers Firm Registration Number F-000124
1Z
pdeA
Don R.Rokohl,P.E.
Branch Manager
DRR/drr
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orie shit A
Page 5 of 5
Page 5 of 5
EXHIBIT B
TERMS AND CONDITIONS TO TESTING AGREEMENT
ARTICLE 1. SERVICES: Lab will:
1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or
professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform.
1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the
basic requirements of the appropriate standards of the American Society for Testing and Materials, where
applicable, and other standards designated in writing by the City Engineer.
1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed
indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports
must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the
structure of the Project area subjected to any testing.
1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit
to the City Engineer or designee documentation of such calibration.
Secure representative samples of those materials that the City's contractor proposes to use which require testing,
together with relevant data concerning such materials including the point of origin and supplier.
1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies
specifically designated in writing by the City Engineer.
1.6 Retain records relating to services performed for City for a period of two years following submission of any
reports, during which period the records will be made available to the City at all reasonable times.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar
payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will:
2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other
information for the proper performance of services by Lab.
2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials
are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's
services to be performed under this Agreement and which must be promptly notified by Lab when it appears that
materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit
instructions, receive information and data and/or interpret and define the City's policies and decisions with respect
to the Project. Lab acknowledges that certain City representatives may have different types of authority
concerning the Project.
2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for
completion of the required services. Such advance notice will be in accordance with that established by mutual
agreement of the parties.
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/govern ment/city-secretary/confl ict-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 Payment AE E 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 i $500.00 $0.00 $500.00 _ $4,247.00 10.5% •
Total of Fees $8,000.00, $2,120.00 $2,877.00 $12,997.001 1$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