HomeMy WebLinkAboutC2019-442 - 7/22/2019 - NA •
AGREEMENT
For
SEDIMENT SAMPLING AND ANALYSIS
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 Benchmark Ecological
Services. Inc.,("LAB"),acting through its duly authorized representative who is Neil Henthorne.which agree as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described
as follows: Packery Channel Dredging(Project No. 19046A I ("PROJECT").
2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of
Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B.
3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit"A", Scope of Services
and Fee Schedule under this Agreement, a total fee not to exceed $37,345.00. 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: None.
5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications),
record drawings,contractor's field data and submittal data will be the sole property of the City and may not be used again
by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are
not specific to this Project.
CITY OF CORPUS CHRISTI BENCHMARK ECOLOOGICAL SERVICES,INC.
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37 )4 ( 7/2"yl?
/voJ / 7/13/19
Mark Van Vleck tNeil Henthome (Date)
Assistant City Manager President
P.O. Box 158
Katy,Texas 77492-0158
281-934-3403
nhenthorne@benchmarkeco.com
RECOMM
(:;7_:r 72Zh9
Jeff H. Edmonds, P.E. ( ate
Director of Engineering Services
APPROVED AS TO LEGAL FORM
jAys____. 2019.07.16 Project Number 19046A
11:48:34-05'00' Accounting Unit 1111-11305-717
Account 530000
Legal Department (Date) Activity 19046-A-1111-EXP
Account Category 30000
Fund Name TIF#2
1 of 1
SCANNED
hone
Benchrrarkadogica1 AIM'. Fax 281-934-3404281-934-3403
81934340403
P.O.Box 158 e-mail. nhenthorne@benchmarkeco.com
Katy Texas 77492-0158
Sarah West,P.E.,CFM May 29, 2019
Major Projects Engineer
Department of Engineering Services
City of Corpus Christi
Subject: Proposal for Conducting a Pre-Dredge Sediment Sampling and Analysis Study to
Evaluate Sediment for a Beach Restoration Project in the Packery Channel in
Corpus Christi,Texas. (19046A)
Dear Sarah:
Benchmark Ecological Services, Inc. (Benchmark)proposes to conduct the following pre-dredge sediment
sampling and analysis study to evaluate the sediment for use in a beach restoration project hi the Packery
Channel in Corpus Christi,Texas.
• Benchmark will collect 6-8 feet sediment cores from 8 sample stations located in Packery Channel.
Sample stations are shown in Figure 1. Benchmark will collect two cores at each sample station and
one core will be analyzed for geotechnical analysis and the second core will be evaluated for chemical
analysis.
• Benchmark will team with Rock Engineering&Testing Laboratory, Inc. (RETL)to conduct the
following geotechnical analysis;
o Supplementary Visual Classification(STM D2487)
o Water Content Tests(ASTM D2216)
o Atterburg Limits Tests(ASTM D4318)
o Particle Size Analysis of Soils(ASTM D422)
o Percent Material Finer Than the#200 Sieve Tests with Hydrometer(ASTM D1140)
• Benchmark will contract with North Water District Laboratory Services (NWDLS) to conduct
chemical analysis.
Prior to conducting the field sampling event,Benchmark will provide the City of Corpus Christi with a Sample
and Analysis Plan(SAP). The SAP will be sufficient to provide the appropriate agencies for approval before
we conduct the field sample collection and sediment analysis. Upon completion of the field sampling event
and after receiving the geotechnical and chemical analysis data reports,Benchmark will provide the City of
Corpus Christi a field sampling and analysis summary report. The summary report will be suitable for the City
of Corpus Christi to evaluate the geotechnical analytical results and will include an evaluation of the suitability
of the sediment for beach restoration based on the chemical results.
Benchmark Ecological Services,Inc. 1 of 3
EXHIBIT A
Page 1 of 8
' ' 1
City of Corpus Christi
Packery Channel Pre-Dredge Sediment Sampling
Sampling and Analysis Plan
The SAP will include a summary of the methods Benchmark will use for sediment sample collection and
processing,QA/QC measures,and geotechnical and chemical analysis.
Field Sampling Study
Benchmark will use its custom 24-foot aluminum boat as a sampling platform. A Global Positioning
System will be used to locate and record the positions of all sample stations.Tide-corrected water depths
will be collected for each sediment sample station. Sediment samples will be collected using a Vibracore
sampler.
Benchmark will collect sediment samples from 8 sample stations shown in Figure 1. Two(2)sediment
cores will be collected from each sample station from the sediment surface down 6-8 ft. One core sample
from each sample station will be delivered to RETL for geotechnical analysis. Benchmark personnel
will work with RETL personnel to process the cores into 2 ft.sections and RETL will conduct the analysis
listed above on each 2 ft.section. The second core will be processed immediately after sample collection
for chemical analysis.
Benchmark personnel will process cores designated for chemical analysis in 2ft. sections. Sediment
from each 2 ft.section will be screened for hydrocarbon vapors using an Organic Vapor Analyzer(OVA).
OVA results along with sediment descriptions will be recorded on field data sheets. The sediment from
each two-foot section will be placed in pre-cleaned stainless steel bowls and homogenized using pre-
cleaned stainless steel spoons. The homogenized sediment from each 2 ft.section will then be placed in
clean sample jars provided by NWDLS. All sample jars will be labeled with the station ID, collection
date,time,and any additional information required by the analytical laboratory. Sample containers will
be put in re-sealable plastic bags to prevent contamination of other samples. The sediment sample
containers will be immediately placed in an insulated chest with ice for storage and transport. Four
sediment samples will be analyzed for the analytes listed in Attachment A and the rest of the samples
will be archived. The four samples for chemical analysis will be chosen based on the four highest
hydrocarbon results measured on the OVA meter.
Field and Analytical Summary Report
Benchmark will compare the analytical results of the sediment to NOAA sediment quality guidelines.
Benchmark will draft a summary report documenting field procedures, geotechnical results, analytical
results, and results of the comparisons to sediment quality guidelines. Copies of the laboratory results
will be attached to the report.
Budget
Benchmark will compose the SAP, conduct the field sampling study, contract with the analytical
laboratories, and prepare the summary report described above for an estimated time and materials
cost of $37,345 (not to exceed without prior authorization). A breakdown of the costs is
summarized in Table 1.
Benchmark Ecological Services,Inc. 2 of 3
EXHIBIT A
Page 2 of 8
•
City of Corpus Christi
Packery Channel Pre-Dredge Sediment Sampling
Table 1-Cost Summary Table
Task Cost
SAP $1,920
Mobilization' $2,000
Field Sampling Study 2 $12,500
Demobilization' $1,220
Chemical Analysis $5,000
Geotechnical Processing and Analysis $12,185
Report $2,520
Total $37,345
'Cost assumes one mobilization/demobilization will be performed.
2 Cost assumes the field sampling can be conducted in two days.
Terms and Conditions
Benchmark will initiate the studies after receiving written notification to proceed. An e-mail
indicating that the City of Corpus Christi agrees to the terms presented in this proposal will be
sufficient. Invoices will be issued monthly for work completed and will be due 30 days from the
date of the invoice.
Schedule
Benchmark can start sampling within 5 working days of receiving notification to proceed.If samples are
analyzed with a 10 day turn-around time,the analytical data packet will be complete within 30 days of
completion of the field sampling. Benchmark can provide a draft field and analytical report within 10
working days after receiving the final analytical data packet.
We look forward to working for you. If you have any questions concerning this proposal please call me
at 281 934-3403,ext.113.
Sincerely,
Benchmark Ecological Services,Inc.
/51,4
Neil Henthorne
President
Benchmark Ecological Services,Inc. 3 of 3
EXHIBIT A
Page 3 of 8
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Attachment A
Chemical Analysis
EXHIBIT A
Page 5 of 8
Table I:Proposed Chemical Analytes for Packery Channel Sediment Evaluation.
TDL-Marine Screening Benchmarks
Chemical CAS# Units (Marine)h Region 6 Suggested Methods°
Region 6'
ERI. ERM (Marine)`
Pesticides
4,4'-DDD 72-54-8 µg/kg 5' 22 20 1.22
4,4'-DDE 72-55-9 µg/kg 51 22.22 27 2.07
4,4'-DDT 50-29-3 Hg/kg 5' I 7 1.19
Aldrin 309-00-2 µg/kg '' - - -
Alpha-BHC 319-84-6 µg/kg 31 - - -
Beta-BHC 319-85-7 µg/kg 31 - - -
Chlordane and Derivatives 57-74-9 µg/kg 31 - - -
3540A,3550A/8080,8081A
Delta-BHC 319-86-8
µPg 31 -
Dieldrin 60-57-1 µg/kg 51 0.02 8 0 715
Endosulfan and Derivatives 115-29-7 µg/kg 51 - - -
Endrin and Derivatives 72-20-8 µg/kg 51 - - -
Gamma-BHC(Lindane) 58-89-9 µg/kg 31 - - -
Heptachlor and Derivatives 76-44-8 µg/kg 31 - - -
Toxaphene 8001-35-2 pg/kg 50 - - -
Polychlorinated Biphenyls
Total PCB 1336-36-3 pg/kg 1 22.7(g1 180 22 7(g) 8082
Metals`
Antimony 7440-36-0 mg/kg 2 5 - - -
Arsenic 7440-38-2 mg/kg 1 8.2 70 8.2 6010/6020,3050A/7421,7420.
3010A
Cadmium 7440-43-9 mg/kg I 1.2 9.6 1.2
Chromium(total) 16065-83-1 mg/kg 1 81 370 81
Copper 7440-50-8 mg/kg 10 34 270 34 6010/6020,3050A/7421,7420,
3010A
Lead 7439-92-1 mg/kg 10 46.7 218 46.7
Mercury 7439-97-6 mg/kg 0.1 0.15 0.71 0.15 7471
Nickel 7440-02-0 mg/kg 10 20.9 51.6 20.9
Silver 7440-22-4 mg/kg 1 1 3.7 1 6010/6020,3050A/7421,7420,
3010A
Zinc 7440-66-6 mg/kg 10 150 410 150
2of3 EXHIBITIA 2019
Page 7 of 8
•
Table I: Proposed Chemical Analytes for Packery Channel Sediment Evaluation.
TM:Marine Screening Benchmarks
Chemical CAS# UnitsNOAA(Marine)I' Region 6 Suggested Methods'�
Region 6 A
ERI. ERNI (Marine)`
Semivolatiles
1,2,4-Trichlorobenzene 120-82-I µg/kg 10 - - -
1,2-Dichlorobenzene 95-50-1 µg/kg 20 - - -
1,3-Dichlorobenzene 541-73-1 µg/kg 20 - - -
I,4-Dichlorobenzene 106-46-7 µg/kg 20 - - -
2,4-Dichlorophenol 120-83-2 µg/kg 120f - - -
2,4-Dimethylphenol 105-67-9 µg/kg 20 - - -
2,4-Dinitrophenol 51-28-5 µg/kg 500f - - -
Acenaphthene 83-32-9 µg/kg 20 16 500 16
Acenaphthylene 208-96-8 µg/kg 20 44 640 44
Anthracene 120-12-7 µg/kg 20 85.3 1,100 85.3
Benzo(a)anthracene 56-55-3 µg/kg 20 261 1,600 261
Benzo(a)pyrene 50-32-8 µg/kg 20 430 1,600 430
Benzo(b)fluoranthene 205-99-2 µg/kg 20 - - -
Benzo(g,h,i)perylene 191-24-2 µg/kg 20 - - -
Benzo(k)fluoranthene 207-08-9 µg/kg 20 - - -
Chrysene 218-01-9 µg/kg 20 384 2,800 384 8270C;GC-MS in SIM mode;
1625C,3540A,3550A/8100,
Dibenzo(a,h)anthracene 53-70-3 µg/kg 20 63.4 260 63 4 8240A,8250,8260,8270A
Diethyl Phthalate 84-66-2 µg/kg 50 - - -
Fluoranthene 206-44-0 µg/kg 20 600 5,100 600
Fluorene 86-73-7 µg/kg 20 19 540 19
Hexachlorobenzene 118-74-1 µg/kg 10 - - -
Indeno[1,2,3-c,d]pyrene 193-39-5 µg/kg 20 - - -
Naphthalene 91-20-3 µg/kg 20 160 2,100 160
Pentachlorophenol 87-86-5 µg/kg 100 - - -
Phenanthrene 85-01-8 µg/kg 20 240 1,500 240
Phenol 108-95-2 µg/kg 100 - - -
2-Methylnaphthalene 91-57-6 µg/kg - - - -
Bis(2-ethylhexyl)phthalate 117-81-7 µg/kg - - - -
Hexachlorobutadiene 87-68-3 µg/kg - - - -
PAHs - µg/kg - - - -
Pyrene 129-00-0 µg/kg 20 665 2,600 665
Volatile Organic Compounds
Benzene 71-43-2 µg/kg - - -
Ethylbenzene 100-41-4 µg/kg - - -
Toluene 108-88-3 µg/kg - -
Xylenes 1330-20-7 µg/kg - - - - -
I of; EXHIBIT 2019
Page 6 of 8
Table I: Proposed Chemical Analytes for Packery Channel Sediment Evaluation.
TDL-Marine Screening Benchmarks
Chemical CAS# 1'nitsi, Suggested Methods
NOAA(Marine) Region 6
Region 6 ERL ERM (Marine)
Miscellaneous Parameters
Ammonia 7664-41-7 mg/kg 0.1 - - - 350.1,350.1
Total Organic Carbon 0-06-1 % 0.10% - - - 9060
Total Petroleum Hydrocarbons 8012-95-1 mg/kg 5 - - 8021,9070,4&18.11006,TRNCC 1005
Total Solids/Dry Weight - % 0.10% - - - 160.3
Selected Criteria
Footnotes:
a)This list may include analyses and analytes not required for your site,or may not include site-specific requirements for your site.Consult with the Galveston
District.The primary source of these TDLs was EPA 823-B-95-001,QA/QC Guidance for Sampling and Analysis of Sediments,Water and Tissues for
Dredged Material Evaluations.(http://water.epa.gov/polwaste/sediments/cs/upload/evaluationguide.pdf)
b)NOAA-http://response.restoration.noaa.gov/cpr/sediment/squirt/squirt.html
c)Region 6-http://rais.oml.gov/tools/eco_search.php
d)Suggested methods reported in USEPA,1995,"QA/QC Guidance for Sediment and Analysis of Sediments,Water,and Tissues for Dredged Material
Evaluations"(http://water/epa.gov/polwaste/sediments/cs/upload/evaluationguide.pdf).
e)Metals shall be expressed as Dissolved values in water samples,except for mercury and selenium,which shall be reported as Total Recoverable
f)These values are based on recommendations from the EPA Region 6 Laboratory in Houstottbese values were based on data or other technical basis.
3 of EXHIBITi A 2019
Page 8 of 8
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:
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.
If applicable, refer to the contract for information on what to include with time and materials (T&M).
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