HomeMy WebLinkAboutC2006-384 - 8/31/2006 - NA
AMENDMENT No.1
for
Construction Materials Engineering Laboratory's
Inspection and Materials Testing 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 Kleinfelder, a Texas corporation or partnership, "LAB", acting through its duly
authorized representative who is---::r-G l~ /:.>} L. /) S t !l.~1.l (Name)
11th 4- (Title), which agree as follows
JY' ,1 ,/ /~ ~ ",-,
DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection
with City's project described as follows Cefe Valenzuela Landfill Site Development (Proiect 5168)
PR.OJECT'
L... 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"
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, an additional fee not to
exceed $'3.500.00 (in figures), (Twenty Three Thousand Five Hundred Seventy and no/xx dollars (in
words) for a restated not to exceed total fee of $306,559.50.
4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS
AT THE PROJECT SITE. "CITY" warrants to "LAB" that to the best of its 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 "CITY" acknowledges and confirms that "LAB" is relying upon the above warranty in
undertaking to perform the services described in this AGREEMENT.
CITY OF CORPUS CHRISTI
By: ~._~~~~~~. 8{3-t leb.
Rona.td F Massey ,\ (Date)
Assistant City Manager
ATTEST:
Armand~~rY K~~:~6
RECOMMENDED:
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'An e R, Escobar, PE
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(Date)
APPROW:D AS TO FORM:
,~~O~
Legal Department
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(Oat
LAB:
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By' .
(51. - .. - )
B (z,g ~~,
(Date)
5002 Ambassador Row
(Address)
Corpus Christi. TX 78469
(City/State/Zip)
361-854-4774 Fax: 361-854-4924
(Phone/Fax No,)
2006-384
08/31/06 0565
Page 1 of 1
Kleinfelder
__ KLEINFElDER
August 24. 2006
Mr Kevin Stowers
Cit) of Corpus Christi
Department of Engineering
P.o. Box 9277
Corpus Christi. Texas 78469-9277
Subject:
Materials Testing Services
Cefe Valenzuela Landfill Site Development
City Project No. 5186
Corpus Christi. Texas
Dear Mr. Stowers:
r-
I jif;C_EIVE-
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AUG 2 8 201
E~;~NEERlNcl SEr:' ':i~~'~ I
- ..,.....__1
Kleinfelder has been providing engineering and materials testing services for the above
referenced project. The original Kleinfelder cost estimate will be exceeded due to
additional and increased services. We are requesting an increase to our budget as show
below
Original contract cost -
Additional service estimate #1 .
Ne\\ Total project estimate -
$283,059.50
$23,500.00
S306,559.50
If you have any questions please feel free to contact us.
Sincerely,
KLEINFELDER
1Jr'/
Jerry Lipstreu
Area Manager
FH!lf,I)O.'!\rnbl~.sadorl'i)\v {Orpli'-CiW>11 rX7B4!b U61iK,4-4774 ,;611854-4924fax
-
EXHIBIT "B"
TERMS AND CONDITIONS TO 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 general direction of a licensed engineer
and in substantial accordance with the basic requirements of the appropriate
standards of the American Society for Testing and Materials, where
applicable or other standards designated in writing by the "CITY
ENGINEER"
1.3 Promptly submit formal reports 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 A Utilize testing equipment which has been calibrated according to applicable
standards and, upon request, submit to the "CITY ENGINEER", or his
authorized representative, 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 authorized representative
witl:
2.1 Provide "LAB" with all plans, specifications, addenda, change orders,
approved shop drawings and other information forthe proper performance of
services by "LAB"
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 1 OF 4
~' ..,-
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 his designated representative have authority to transmit
instructions, receive Information and data, 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;
(C) Provide and maintain for use of "LAB" adequate space at THE
PROJECT for safe storage and proper curing of test specimens which
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 which, 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
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 2 OF 4
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 his 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 ofthe "CITY" while
In the custody of the "LAB". "LAB" will retain the samples for a period of 60
days following the date of submission of any report related to the sample.
Following the retention period, "LAB" will dispose of non-hazardous samples,
and return hazardous, acutely toxic, or radioactive samples and samples
containers and residues to "CITY" "CITY" agrees to accept such samples
and samples containers
ARTICLE 5. STANDARD OF CARE AND WARRANTY
Services performed by "LAB" will be conducted in a manner consistent with
that level of care and skill ordinarily exercised by reputable members of the
profession currently practicing under similar conditions in the same locality.
No other warranty either expressed or implied is made or intended by the
AGREEMENT or any reports. "LAB" will not be responsible for the
Interpretation or use by others of data developed by "LAB",
ARTICLE 6. SAFETY
"CITY" and "LAB" agree that, in accordance with the generally accepted
construction practice, the PROJECTDS 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
PROJECTS general contractor's safety measures in, on, or near THE
PROJECT site
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 3 OF 4
ARTICLE 7. INVOICES AND PAYMENT
"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.
ARTICLE 8. EXTENT OF AGREEMENT
8.1 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 representative of "CITY" and "LAB". If any conflict
occurs between these terms and conditions and this AGREEMENT, these
terms and conditions are controlling.
8.2 In the event that anyone 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.
8.3 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.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE4oF4
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
... --- .'-
----
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City
to provide the following informatio", Every question must be answered. If the question is not applicable, answer with
"NIt>,'
FIRM NAME: LIe! ij ,:: L ( .~
STREET: ~;~t>. 2.. Ii 11/1 o,4\r )1.,.,(/'- CITY: c.z.
FIRM is: 1 Corporation 'I' 2 Partnership__~ 3. Sole Owner
5 Other
ZIP: "7 8l/ /("
4. Association
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1 Stlate the names of each employee of the City of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the above named firm.
Name I Job Title and City Department (if known)
.fL',--L:.~_..__ _._.._..
2. Stlate the names of each official of the City of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the above named firm.
Name Title
"./ /,4
_..c..~-'--.._..__ ._..__ ._...
3 Stete the names of each board member of the City of Corpus Christi having an ownership interest
c~nstituting 3% or more of the ownership in the above named firm.
Name Board. Commission or Committee
/v fA
4 Stete the names of each employee or officer of a consultant for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an ownership interest constituting 3% or
more of the ownership in the above named firm.
Name Consultant
l/ .,.J.
_._~~._--_. ..--- .-..
CERTIFICA TE
I certify that all Information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any Information requested: and that supplemental statements will be promptly submitted to the
City of Corpus Christl, Texas as changes occur
Certifying Person "7(.'/c I;;;; f;, j);, !>1-!v . [ .,-
(Ty: e ~nt) r'
Signature of Certifying Person. .... :;7') -1'?1/
-r /c/ C .
Title: AI'v<.' A- fJ1A/v';hf;e-0-
I
Date: 5 /~jJ /fG
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DEFINITIONS
a Board Member A member (if any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas
b Employee Any person employed by the City of Corpus Christl, Texas, either on a full or part time basis, but not
as an independent contracto'
c Firm. Any entity operated 'or economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship. as self-employed person, partnership, corporation, joint stock company, joint venture,
'eceivership or trust and entities which for ourposes of taxation, are treated as non-profit organizations,
d Official. fhe Mayor members of the City Council. City Manager, Deputy City Manager, Assistant City Managers,
Department and Division Heads and MuniCipal Court ,judges of the City of Corpus Christi, Texas.
e OwnerShip Interest. ~egal or equitable interest, whether actually or constructively held, in a firm, including when
such interest is held througr- an agent. trust. estate or holding entity. Constructively held refers to holding or
control established through'. oting trusts. oroxies or special terms of venture or partnership agreements.
f. Consultant Any person or Ilrm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of profeSSional con~ultatlon and "ecommend,ltlon
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