HomeMy WebLinkAboutC2007-342 - 9/5/2007 - NAAMENDMENT No. ~ ~ AGREEMENT
fog
ontruotion ~Ilatrials Engineering Laboratory's
Inspection and Materials Testing erviee
This AGREEMENT is between the City of Carpus Christi, Texas, a Texas home~rule r~unicipal
corporation, "CITY", acting through its duly authorised City Manager or designee ~"City Engineer"}, and
~Cleinfelder, a Texas corporation or partnership, "LAB",acting through itsdulyauthorized representativewha
is ~ ~~.~ _„_ Name} {Title}, which agree as follows:
~' ~ ~`
" ITY"desiresta en a e "LAB"to ravide services in connection
1. DECLARATIGNS C g g p
with City's project, described as follows: J. ~, Elliott Landfill -Citizens' Collection Center and Transfer
Station - Prv'ect No, ~19~ "PROJECT".
~, s~GPE GF w~R~C "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 a "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, an additional total fee not to
exceed $ 600.aD ~jn figures},Nine Thousand Six Hundred and no~xx dollars din wards} for a revised not
to exceed total fee of 93,a.~~. .
4. INDEMNIFICATION AND HELD HAI~MLEES The Lab agrees to inder~nify, save
harmless and defend the City of Carpus Christi, and its agents, servants, and employees as more fully set
forth in Exhibit "C"
5, CITY'S ~1CLGSlJRE GF HAZARDOUS ~ T~~IC MATERIALS ANC CONDITIONS
AT THE PROJECT SITE "CITY" warrants to FLAB" that to the best of its knowledge, based upon currently
available information, the only hazardous or taxis materials, as defined by the laves and regulations of the
Federal government, the state, and city vuhich exist at the PROJECT SITE are as follows: N_ one.
CITY OF CORPUS CHRISTI LA6:
By: l `~ By:
Ronald F. Massey, Da e) SI NATURE}
Assistant City Manager `~~-~
(Date)
ATTEST: 5002 Ambassador Row
Armando Chapa, City cretary (Date)
APPROVED AS TO FORM:
1 /~~
Legal Department (Date)
~~~G~~ F't ~~ ~ ,
./
Address}
Cor u Christi T~ ~4
~CityltatelZ~p}
~ ~ -8~4-414 Fax: 3fi~ -8~4~49~4
~PhenelFax No,}
~~~7-~4~
~~1~147
I~lein~elder
Are empfayee ow~erf cnrr~pat~y
A.ust ~9, ~OO7
r~ e~in to~v~rs
pity of corpus Christi
}opa.~rn~nt of n~i~eering
~.~~ B0~ ~~~~
~o~us hris~i, ~'e~as 7~4~~-~~~7
ubj cct, Materials Testi Services
,~ ~lliot~ ~`ransfer station ~ro~ect
qty ~ro~ect No, 5~9~
corpus hristx, ~'exa~ .
bear fir. tourers:
~leinfelder has hee~ providing ma~erzals testing ser~~ces for ~h~ aho~e re~erenCed pro~cct,
Additional ser~zces have been rcqu~stcd fiat ~riii cause ~ein~elde~r to exceed our o~igina~
rnateria~s testing estimate, e have cs#iated ~ cost ~`or the additional serv~e~ as
shovvr~ below.
~rlg~nal C0~7traCt COQ - ~~~,o~~.~o
~dit~o~a~ services es~~r~a~e #~ - 9, SOD. ~0
Ne~r'fotai projcc~ estimate - ~93,~5~.00
Zf you have any ques~xons please `eel free to contact us.
Sincerely,
KLEZNFELDER
Jeiry~ Ligstreu
Area Manager
Exhibit A
Pa e1of1
~ t ~ I N ~ E L ~ ~ R ~D~2 Ambassador ~ovu, Corpus C#~~'NSta, T~ 7$416 (bbl ~ 85~-4774 X361} 854.924 ~~x
E~F~IBIT"B„
TERMB AND CONDITi~NB T~ AREBENT
~4RTICLE ~ , ER111CE: "LABS' vwrill
~ .~ Provide and those services requested by "CITY ENGINEER" that in the
Y
o inion of'~LAB", lie within the technical or professional areas of expertise of
p
"LAB""and which "'LAB" is adequately staffed and equipped to perform.
1,~ Perform technicalervice underthegeneraldirection of a licensedengineer
and in substantial accordancewiththe basicrequirementsoftheappropriate
standards of the American Bociety far Testing and IUlaterials, where
a livable ar other standards designated in writing by the "CITY
pp
ENGINEER".
~~ , Prom tl submit formal reports of tests, inspections and services perforr~ed
py
indicatin ,where applicable, compliance with the PROJECT specifications or
~ .~
other contract documents. such repack must be complete and factual, cuing
the tests erformed, methods employed, values obtained, and parts of the
p
structure of THE ~'R~~ECT area subjected to any testing.
~.~ Utilizetestin a uipmentwhich has been calibrated according to applicable
gq
standards and, u on request, submit to the "CITY ENGINEER", or his
p .
authorised representative, documentation of such cal~bratron.
Becure re resentative sarples ofthase materials that the City's Contractor
p
ra uses to use which require testing, together with relevant data concerning
p p .,
such materials including the point of arig~n and suppi1er~
~ ,~ Consider re arts to be confidential, and distribute reports only to those
p ..
ersons, ar ani~ations or agencies specNf ically designated 1n writing by the
p
"CITY ENGINEER",
~ .~ Retain records relating to services performed far "'CITY" for a period of two
ears follawin subr~ission of any reports, during which period the records
y
gill be made available to the "CITY'" at ali reasonable times.
1.7 Ra salaries, wages, expenses, racial security taxes, federal and state
Y
unei~ la vent taxes, and any other similar payroll taxes relating to the
py
services.
ARTICLE ~. CITY ~EP~NIBILiTIE; pity Engineer or authorized representative
vuili;
~.1 Provide "LAB" with all plans, specif icatians, addenda, change orders,
a roved rho drawin sand other infarrr~atior~ farthe proper performance of
pp p g
services by'"LAB"
TERMS AND CONDITIONS TO AGREEMENT
(fZEVISED .JANUARY, 1998}
PACE 1 0~ 4
~.~ Issue authorisation in writing giving "LAB" free access to THE PROJECT
site, and to ail shops ar yards where materials are prepared ar stored.
~~~ Designate in writing those persons ar firr~s which will act as the "CITY'S"
representative with respect to "LAB'S" services to be perforrr~ed under this
AREEENT and which rr~ust be prorr~ptly 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 infarrnation and data, interpret and define the CITY'S
policies and decisions with respect to THE PRJET~ "LAB" acknowledges
that certain "CITY" representatives may have different types of authority
concerning THE PROJECT.
~.4 Advise "LAB" sufficiently in advance of any operations so as to allow for
assignrr~ent of personnel by "LAB" far completion of the required services
Buch advance notice will be in accordance with that established by mutual
agreement of the parties.
~.5 Direct THE PROJECT contractor, either by the Construction Contract or
direct written ardor to;
~a} Btop work at the appropriate tines for "LAB" to perform contracted
services;
fib} Furnish such labor and all facilities needed by "LAB" to obtain and
handle r~ples at THE PROJECT and to facilitate the specified
inspection and tests;
~c} Provide and maintain far use of "LAB" adequate space at THE
PROJECT far safe storage and proper curing oftest specimens which
rust remain an THE PROJECT site prior ta, during, and up to Ga
days after testing.
~4RTICL~ ~. EN~RAI~ C~ND~TlO~I
.~ "LAB", by the perfarrr~ance of services covered hereunder, does not in any
way assure, abridge or abrogate any of those duties, responsibilities or
authorities with regard to THE PROJECT which, by castor or contract, are
vested in THE PROJECT architects, design engineers, or any atherdesign
agencies ar authorities.
.~ "LAB" i not authorised to supervise, alter, relax, enlarge or release any
requirement of THE PROJECT specifications ar other contract documents
nor to approve ar accept any portion of the work, "LAB" does not have the
right of rejection or the right to stag the work. "CITY ENGINEER" will direct
THE PROJECT contractor to stop work at appropriate times far "LAB" to
conduct the sampling, testing, or inspection of operations covered by the
AREEME~IT.
TERMS AND CONDITIONS 70 AGREEMENT
(REVISED JANUARY, 1998}
PA~~2of4
ARTILY ~. ~iELD tV#aN1Ta~li~1 ANa T~TIN
4, ~ "C1TY"and "LAB" ~ ree that "LAB" gill be on-site to perform inspections for
g ,
contracted services, The "CITY" and "LAB" also agree that "LAB" vuill not
assume res anibilit for PROJECT Contractor's means, methods,
p ~ .,
techni ues, se uences or procedures of canstructian, and ~t ~s understood
q q
that the final services ravided by „LAB" will not relieve the PROJECT
Car~tractoraf his res onsibilities for perfarming the work ~n accordance r~ith
THE PROJECT laps and specifications. For the purposes of this
p
AOREEN#EI'VT, theard "inspection" is usedtomean per~odicobservat~onaf
the pork and the conducting of tests by "LAB" as specified in the
AREEIVIEh1T. Continuous monitoring by }'LAB" ar its subcontractors does
not mean that "LAB" is approving placement of materials. Inspection is not
and should not be construed to be warranty by "I..AB" to the "CITY'" or any
other party.
4.~ Bam Ies collected artested by„LAB" remain thepraperkyaf the"CITY"~rhile
p
in the custvd of the "LAB" "LAB"'will retain the samples far a period of ~g
y
da s foilo~rin the date of submission of any repark related to the sample.
Y 9
Follo~vin the retention period, "LAB" ~vi1l dispose of nan~ha2ardous samples,
g .
and return hazardous, acutely taxis, yr radiaaat~va arr~ples and samples
containers and residues to "CITY", "CITY, agrees to accept such samples
and samples containers.
ART~CL~ a. STANDARD aF CARE AND WARRANTY
Bervices erformed by "LAB" gill be conducted in a mannercansistentwitl~
p ,
that level of care and skill ordinarily e~cerc~sed by reputable members cfthe
rafession currently practicing under similar conditions in the same locality.
p
Na other warrant either expressed or implied is made or intended by the
]~ ,
AREE>I~E~IT or any reports, "LAB" ~vill not be responsible far the
interpretation or use by others of date developed by "LAB"
ARTICLE ~. SAFETY
"CITY" and "LAB" a ree that, in accordance with the generally accepted
g
construction ractice, the PROJECTOR general contractorw~ll be solely and
p ..
cam Ietei res ons~ble for ark~ng cond~t~ons an THE PROJECT, including
p Y P
safet of aII ersons and property during the performance of the v~ark, and
Y p
for cam fiance with all municipal, state, and federal laves, ruses and
p .
re ulations, including OSHA. The duty of "LAB" in providing services i not,
g ..,
therefore to include any review of, or respons~b~l~tyfar, the adequacy of the
PROJECT'B eneral contractor's safety measures in, on, or near THE
g
PROJECT sits.
TERMS AND CONDITIONS TO AGREEMENT
(R~V4SED .IANUARY, 1998)
PA~~ 3 OF 4
r ~
` 1
~ .
Exh~blt
Mandatory Requirements
(Revised November, 2005}
1NDEMNIFICATi~hl AND HELD HARM~E
nd defend the City of Corpus Christi, and its
~.ab a reel to ~ndemn~fy, save harmless a m harrr~less
~ and each of them against and hoid it and the
agents, servants, and employees, . , . nses including court
wsuits claims, demands, liabii~tie, fosses and expe
from any andaii la ~ • an arson, orany death at any
nd attorne ' fees, fororon accountof any ~n~ury to y p ,
Costs ~ y which inay arise or Vlfhich
frog such in'ury, or any damage to any property:
time resulting ] ~ ith the v~ork covered by this contract.
ma be alle ed to have arisen out of or in connection w ~ the
y g of such in'u ,death ordarnage iscaused by
The fore ping indernnityshallapplye~ccep 1 wants or
g the i of Corpus Christ, its agents, se
sole or concurrent negligence of . , tY
ees or an other person indemnified hereunder.
employ y
+ {
•~ •
r
pity at Corpus Christi ~rdinar~ce ~~~'!2, as amendedt requires aiI persons ar firms seeking to do business w~h ~e City to
provide the foIlawing i~~orrr~atian, Every question muss: be ans-nrered, if the question is not appiicabie, answer with'NA".
~Tr~r. - ~mr.
SRN! ~: ~ . arpvra~on ~, Partr~ershi~ ~ dole ~wr~er v 4. Assaaation ~
. Other a
DISCLOSURE C~~J~T~~~
!~ a~di~cna[ space is necessary, please use the reverse side of this page cr attach separate sheet.
~ . State the names of each "employee" of pity of Carpus Chrissti having an "ownership interest" const~ng ~~ ,
ar mare of the ownership ~n the above named ~f'irm",
Name dab Tide and City Department ~'~ knawn~
~. 5"#a~e the names a# each "at'afi"' ~ the ~i~ of Corpus Chat! having an ~awnersh~p Interest' constrt~uting ~I~ or
more a~ the ownership 'rn the above named "firm'.
N~~,e a rye
~ tha ~ each "1d m~nber" the ~~]- ~s Chrls'4 havln~ an "ownership interest' constituting
or mare of the ownership in the a~avve named `~rrn",
Name hoard, Comt~ssian or Committee
4. ~ tl~e names ~ each employee or officer of a "consun~' far the City of Corpus~Chrish who worlc~ed an any
mater :elated to the subject a# th`~ contract and has an "ownership ~nbst" cvnstn ar more of the
a~ip ~n the above named "firm"
Name ~~
C~CRT~P~C~IT~
! ce ` that a~~ in~orma~cn pro~ded a and come as ~~ the date of the sta#ement, that ~ have not ~~gxy
• ernents w~~l be ram submn~ked to the Cray
w~hheld d'isd~ of any n regr~esbed, and #hat supplemental scat p
of Carpus l~hti, Texas as changes occur.
~ F
~~.
Cerhng Person.
{Type ar ~ ~ ~ ~,.~
Signab~re o~ Cep Person: Date: