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Home My WebLink AboutC2007-359 - 10/2/2007 - NAAIVIENDI~ENT No. ~ to ACREEMENTfor Croundv~rateronsulting and C~ualityontrol~Aurance This AGREEMENT is between the pity of corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized pity Manager or designee ~"pity Engineer"}, and Kleinfelder, a Texas corporation or partnership, "LAB", acting through its duly authorized representative v~ho is ~~` I - ~Name~ Title}, v~rhich agree as follovus; 1~ ~`- ~, ~E~LARATIONS "CITY"desires to engage"LAB"to provideervices inconnection pith pity's project, described as follovus: J. ~. Elliott Landfill - round~vater Monit~rinq and Sarn~lin.~, Analysis flan - J. . Elliott Landfill Permit Amendment {Projeot 20} "PR~JET". ~. soPE ~F I~VORI~[ "LAB" shall provide services to the PROJECT in accordance ~riththeaccon~pnying copeof ervicesand Fee Schedule attached as "ExhibitA'f and the Termsand conditions to AGREEMENT attached s "Exhibit B". 3~ FEE The "CITY" agrees to pay the "~"for services provided in accordance v~ith Exhibit "A", Scope o~ Services and Fee Schedule under this AGREEMENT, an additional not to exceed fee of ~ S,DO~.D~ din figures}, Fifteen Thousand and nolxx dollars din vuords} for a restated total not to exceed fee of ~3~, ~ ~ .OO, 4F ITY's DISL~5~1F~E of HA~ARDOI~s ~ T~~I i~ATERIALSAN~ o~IDITIoNs AT THE PROJECT SITE. "CITY" r~rarrant to "LAB" that to the best of its ICnov~ledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laves and regulations of the Federal government, the state, and city which exist at the PR~JET SITE are a follovus: None. lTY of GoRPU HRisTI By: ~ ~ t o~~7 Ronald F. Massey Date) Assistar~t City Manager ATTEST: '~ '~ Armando Chapa, City e tary (Date) LAB: By: ~ 7i7~ 0 (SIGN ) (Date) P.~. Box 4g 1 00 Ambassador Rove Address} corpus Christi, T~ 1549 ~itylStatel2ip} ~ -8~~4-4~~4 Fax: ~~~ -5~4-~9~4 RECOMMENDED: (Phone/Fax No.} `~ ~ o~ `An I .Escobar, P.E. { atc~ Director -Engineering Services APPROVED AS TO ORM: ~~~ ~~ Legal Department (Date) Funding Source: 530000-1020-12520 Encumbrance: Es"a rJ5 T L 2007-359 10/02/07 Page 1 a~ 1 einfetder F~~~~F~IF~LD~~ A~gu# 9, ~~~7 Proposal H~~~~2 llllr. ~,a~rrence MikoCa~c~yk Assistant Director, solid 111~aste er~rices pity of corpus hr~sti P. ~, ~~x ~~~7 corpus Christi, T~ ~~~~~~~~ '~c~: Pro opal fog F~eviaion of t~teround~a~era~npl'tn ~b~ p aid Analysis Plan J, r ~il~atLan~~E~ PermitAmendr~ent Corps hr~sti~ Teas Dear ~Ir, l1~CkoCa~c~yk; ' o en~iranmenta~ consulting services. As the J. . ~tiiatt e are pleased to submit this proposal f r , ' necessa to revise the eist~n~ perrn~t. T~~ has talon ~.andf Il appraach~s cinsure, ~t has became ~ ~ 'll into . 't are sub'ect to reviav~ and re~NS~on to bang the landf~ the pa~tjon that all contents of the perrr~~ J ar ~ lations, l~Dl~ Ino. has contracted v~th the qty of ~ p foil compliance ~r~th re~entf~ adopted re~u i elder to . , ermi~ arnendr~en#, and HDR has engaged ale of hrit~ to oversee preparation of the p , repare pa~fi of the an~endrnent~ . r ~ e the roundvvater amplin and Anal~rsis Plan and the The rev~s~ens that the TIC requires ~ncEud . , . , ~ ~nantici aced. This plan was not originally part of extent of re~~ion preor~~ed by TI~Q vas ~ ~ , F of our invoirrement with ground~rter mon~tortng at ~~ l~le~nfelder del~vrabl~ to ~~~, but bocause ed K4~infelder to respond to TES oornr~ents and to rep«e ~Il~ott Lndfll, H~l~ has nave request the U~AP for the permit. ~~P~ ~F ~A~C ~~1lE~ I~ieinfelderv~ill: tachment ~ ~ round rater sampling and Analysis Dian ~ Caord~nate ~r~th HER ~n preparing At hereafter 1l~AP forthe J. ~. ~iiiott PermitAr~endrnnt~ ~ ~ .. for inclusion in the second submittal of the permit • Prepare re~r~ion to the 1IIlAP ar~endn~ent. o T~ carnmant in the duly l~otice of Deficiency. Prepare responses t pale ~ Q# Z xhibi~n~ Co~yrigh# 2~~~ ~leinfel~er Pa ~ ~ p~ ~ i~ ~ ~ L d to T~~ 's next notice o~ ~e#icie~cy b}r revising the 1AP and preparing Repan responses to oomments A~~I`~~o~~4~ ~1~1~~~ yin servioes are nit included iii the Banc services and ~~iii b considered as ~~ditionai The ial~o g ervi~e, if required or i~equeted: Nfeetin ~~ venues other than Baca ~r corpus hrist~, Texas + e services of e~i~It suboon~~itants ar other special outside services other then those Th p Y described in ~~~~~ services Any other services riot specifcafly inck~~ed in B~~c Services ~~L1~~L~ ~ri~l rovide the ~~~ v~ith ~o ie of the reprised UI~A~ fog ino~~sion in the permit i~ieinteider p ~ a~endr~ent, and v~i~h responses to co~rnents to transrnif to TEQ. o~P~~~T~oN es to er~orrr~ the ~a~~ Services on ~ tie ~d ~ ~~rtl tai nod ~o ~xced ' ~leknfelder p ropes p . i infelder a O,~~F This at~ount v~ikl net be ex~e~ded ithdu~ prior pprovalF lent and ~ ~ ~ ~~00 nder this a regiment subse r.~entk ~ ree in ~rritin to provide fior s~d~tional services to ~~ rendered ~ ~ Y ~ ~ for additlDnl, ne~ot~ated cornpenat~on. ~~lT'AT~ol ~. ` u~iiE be consistent uvith the en~ineerin and geocience standards ~~~ce prav~ded h~ Kiesnfeider tine ar~d in the area that the v~orl~ is pertored; no ether ~r~rr~r~ty, expressed or prevari~r~~ at the implied, i~ ir~ten~ad. ~. incereiy, r` ~ ~ ' r1 4 `~~ ,~ H. L, Fie~schh~uer, P~ on Rokohi; ~ . W dro eoio Est ~nior eotechnicai ~ng~neer Y ~ ~ Kleinfel~er gage ~ oi' ~ ~ ~ Client ~o~yrig~t ~~~~ Kleinielde~ ~x~~bit A Pa e~of2 EXHIBIT "~" TER1~B ANA NDITI~NB T~AREEENT ARTICLE 1. ERlll~~ 'SLAB" gill; 1. ~ Provide only those services requested by "CITY ENII~IEER'f that, in the opinion of "LAB"~ lieithinthetchnicalorprofessional areas of expertieof "LAB" and ~rhich "LAB" is adequately staffed and equipped to perform. 1.~ Perform technical services underthe general direction of a licensed engineer and in substantial accordance Frith the basic requirements of the appropriate standards of the American Baciety for Testing and llllaterials, uuhere applicable, yr other standards designated in vuriting by the "CITY ENGINEER". ~ . Promptly submit formal reports oftests} inspections and services performed indicating, v~here applicable, compliance vuitll the PROJECT specifications or other contractdocurner~ts. Buch reports must be campleteandfactual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PR~JET area subjected to any testing ~ .4 Utilize testing equipment ~rhich has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration Becure representative samples of those materials that the City's contractor proposes to use r~hich require testing, together ~vith relevant data concerning such materials including the point of origin and supplier. ~.b Consider reports to be confidential} and distribute reports only to those persons} organizations ar agencies specifically designated in vurlting by the 'CITY ENGINEER". ~! . Retain records relating to services performed far "CITY" for a period of two gears follav~ring submission of any reports, during ~rhich period the records gill be made available to the "CITY" at all reasonable tires. 1.7 Pay salaries, ~vages, e~cpenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the set R~V1./. ARTICLB ~. CITY REPNBIBILITIE: City Engineer or autl~or~ze~ r~prese~tative ~-il~: ~. ~ Provide "LAB" ~vith all plans, specifications, addenda, change orders, approved shop drav~rings and otherinforrr~ationfortheproperperfarranceof services by „LAB" TERMS AND CONQITI~NS TO AGREEMENT {fZ~VlSED JANUARY, 1998} PAGE 1 of 4 ~. issue authorisation in writing giving "LAB" free access to THE PROJECT site, and to all shops oryards where materials are prepared or stored. ~.3 Designate in writing those persons or firms which will act as the "CITY'S" representative with respect to "LAB'B" services to be performed under this AREEII~ENT and which rust be promptly notified by "LAB" when it appears that materials tested or inspected are in non-compliance. Only the "CITY ENOlI~EER" yr 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. ~.4 Advise "LAB" cuff icier~tly in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Ruch advance notice will be in accordance with that established by mutual agreement of the parties. ~.~ Direct THE PROJECT contractor, either by the Construction Contract or direct written order ta: ~a} tap work at the appropriate times for "LAB" to perform contracted services; fib} i= urnish such lobar and a!! facilities heeded 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 PROJECTforsafe storageand propercuring oftestspecimenswhich must remain an THE PROJECT site prior to, during, and up to GO days after testing. ARTICLE 3~ ~N~RAL NDiTI~N . ~ "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.~ "LAB" is not authorised to supervise, alter, rela~c, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the wark~ "LAB" does not have the right of rejection or the right to stop the work. "CITY ENOlNEER" will direct THE PROJECT contractor to stop work at appropriate tires for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAG~2oF4 ART'I~LE 4. FIELD MaNITaRI~I AND `1•ET~N 4.1 "CITY"and "LAB" agree that "LAB" will ~~ on-site to perforr~ inspections far contracted services. The "ETY" and "LAB" also agree that "LAB" will not assume responsibility for PR~JET ontractar's rrreans, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB"" will not relieve the ~R~JE~T antractoraf his repor~sibilitiesfar perfarn~ing thework in accordancewith THE B~~JE~T plans and specifications Far the purposes of this AREEII~FNT}the word "inspection" is used to mean periodic observation of the work and the conducting of tests by '"LAB" as specified in the A~EEIENT, antinuaus 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. Bar~ples collected or tested by "LAB" remain the property of the "CITY"while in the custody of the "LAB„ "'LAB" will retain the ar~ples for a period of ~a days following the date of submission of any report related to the sample. Follavuingthe retention period, "LAB"will dispose of non-hazardous samples, and return hazardous, acutely taxis, or radioactive samples and samples containers and residues to "CITY" "CITY" agrees to accept such samples and samples containers, ARTI~E ~~ TANDA~D aF BARE AND WARRANTY Bervices perrorrned by "LAB"' will be conducted in a manner consistentwith that level of care and skill ordinarily exercised b reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed ar irr~plied i made ar intended by the AREElE=SIT or any reports. ""LAB'" will not be responsible far the interpretation or use by ethers of data developed by "LAB" ARTICLE ~, SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PR~JET~ general contractor will be solely and completely repansibEe for v~rorking conditions on THE PR~JET, including safety of all persons and property during the performance of the work, and for compliance with all municipals state, and federal laws, rules and regulations, including BHA. The dutyof"LAB" in providing services is not, therefore, to include any reviewof, ar responibilityfor, the adequacyof the Pi~~JET'B eneral contractor's safety measures in, an, or near THE g PROJECT site. TERMS AND CONQITIONS TO AGREEMENT (REVISED JANUARY, 1998} PAGE 3 OF 4 ARTICLE 7. I[VII~ICE Ally PAYMENT "LAB"will submitprogress invoicesto"CITYENINE~R"monthly and final invoice upon corr~pletian of services. Each invoice is due and payable by "CITY" within 3g days of receipt and approval to pay by the City engineer, ARTICLE ~~ Ei~TENT 0~ AC~EEMENT 8.1 This AGREEMENT, including Exhibit "A" and theca terms and conditions, represents the entire AREEII~ENT between "CITY" and "LAB" and supersedes all prior negotiation, representations oragreements, written or oral. This AREEIENT may be amended only by a written instrument signed by duly authari~ed representative of "CITY" and "LAB". If any canflict occurs between these terms and canditian and this AGREEMENT, these terms and conditions are controlling, S.~ In the event that any one ar more of the provisions contained in this AREEENTareforanyreason held'rnvalid, illegal orunenforceablein any respect the remaining terrns gill be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AREEIUIENT. No waiver of any default gill be a waiver of any future default, 8,~ Neither party will assign this AGREEMENT without the express written approval ofthe other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AI~EEIVI~NT, TERMS AND CONDITIONS 70 AGREEMENT {REVISED ,JANUARY, ~ 998 PAGE 4 OF 4 ~ 5 ' r ~~ C~~~~~7 ~~ ~ 1 City at corpus Christi 4rd~nance '~7~ ~~, as amended, ~equ~res alb persons ~~ firms seeking to do hus~ness with the ~y to provide the following in~orrnation. every ques~icn must ~e answered, i# the ~uesfiot~ is not ap~~xr~ble, answer with `NA". i1I71~~. .._. --- --- --- ~ ~~ ST~i~T. C~"CY. TSP. ~~~ is ~ . Carpcra~on ~. Parblership ~ ~. cie rner o 4. Asso~ation a . ether ^ ~ICL~SUR~ ~U~T~~ El' addigonel space is necessary, please use the reverse side of this page or ahaoh separate sheep ~ . stake the r~ o~ each "ernpioyee" of the City a# Corpus Ch~sti having an "ownership interest' constng ~°Io or more ~# the ownership in the above named firm". Name Jib ~~e and City Departrne~t ~'~ l~nawn} ~. ~e tl~ rimes of "aaai" the Cry of Carpus Chris~q having an "awnersh~p interest" constit~4ng 3°lo ar more of the ownership in the above r:ami arm". Name ~~e ~. Site the nart~es of each "board member' of the C~ly of Corpus Ch~sti having an "ownership intere conststuting 3'~ or more o~ the ownership in the above named "~rrn". Na;ge ~ Board, Common or Camme 4. Staff the names ~ employee or ol~cer of a "consuEtant" #or the City ~ Corpus•hri who wand on any rna#ter related the subjer~ of this c:an~ and has an "ownership interest' `ng 3~ or more of the ownership in the above Warned "~`irm'~, Name Core CE~T~F~C141'~ ~ ~ ceri~y a~ a!I irorma~on provided ~ and carrel as of the dale ~~ ~h~ s#emen~, that ~ have nod knng~y w~hhe~d dude of any on~na#ion requested;and #hat supp~en~en~a~ staternen#s v~~~ ~e promptly su~rn~ted ~o the Cry of Corpus Chr~, ?s~cas as changes occur. ` 4 Cer~ng person. 1e. {Type or Pta~t~ ~gnature Q# Cep Person: ~a~e: ~ ~ ~