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HomeMy WebLinkAboutC2007-414 - 11/2/2007 - NAAMENDMENT No. ~-AGREEMENT for Construction Materials Engineering Lab~rat~ry's Inspection and Materials Testing Bervices 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 parknership, "LAB", acting through its duly authorized representative who i ~` ~Name~ ~~ ~ ~ ~~ Title}, which agree as follows: ~~ ~ 1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: J. C. Elliott Landfill W Citizens' Collection Center and Transfer ta,~t on^- Project N 51.9 "PROJECT"'. ~~ SCOPE DF IN~RI~ "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 total fee not to exceed ~,~Oa.oo {in figures}, Five Tl~ausand Nine Hundred and nolxx dollars {in wards for a revised na# to exceed total fee of X9,55.00. 4. INDEMNIFICATION AND I•IOLD HARMLESS The Lab agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "C" 5. CITY'S DISCLOSI~RE O1= HA~ARDOU~ T~~1C 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 ortoxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as fellows: done. CITY ~F CORPUS CHRISTI LAB: B: ~~ B: Y Y Ronald F. Massey, ~Date~ SIGNATURE} Assistant City Manager l~~ I ~ ~`7 ~Uate} ATTEST; X402 Ar~bsssdor Row Add ress} ~~ ~~ Cv~pu Christi, TIC ~H4~ Arr~ando Chaps, City Se tart' Date} ~CitylStatel~ip} ~5 ~ -8~4-414 Fax: ~ ~ ~~~4~4~4 APPROVED AS TO FORM: {Phone/Fax No.) ~tst.~. // a- D Legal partme e} J~GLOD~s~ M+/~~8~~ Zao7-4i~`~'~ ~~,~^' ~~~~~o ~ 11/02/47 einfeldcr ~1~~ N ~~~.D~ R ~n en~plnyee owned company October ~ ~, ~0~7 Nix, ~ov'in Stowers ~~~ of corpus ~ri~ti Department of ~nincerin P.~, Box X27'7 oxpus Chxisti, Texas 7849-~~77 ~~~ect: ~ Niatexials Tcsg Sex~ices J ~I~ott ~'ra~fer Station ~zo~ect pity ~r~~ect No. 5 ~ 92 corpus ~ar~sti, Texas . Dear I~Ir. Stowers. eir~elder has been pro~id~ng material testi~.g services for the abo~~e rcferenrd pxo~ect, Additional ser~tice have been requested that will cause ~lefelder to cxcecd oux oriina~ ~ateriais testing es~in~ate, e have est'iated ~e cost for e additional sexvices as shown below. ~ _ ~rigina~ contract cost ~ $84,~5~,~~ Adcli~iona~ scr~ices etirnate #f - ~,G~O.~~ .~ddi~aan~I services es~r'~na~~ #Z~ - ~~, ~0~, DD ~ , New Total project et~atc - $~9}55b,0~ Zf you have any quest~~ns please feel free to contact us. Sincerely, ~LBINp~I~DER Jew l<,iptreu Area. tanager K L ~ ! !~ F F ~ D ~ R 5~0~ A~b~ssador Raw, ~arpu~ Christi, Y~ 784 6 (361 ~ 854-477 f361] 854-49~A fax Exhibit B Mandatory Requirements Revised Naver~ber, ~~o~~ INDEMNIFICATIQNRND HELD HARI~LE Consultant agrees to indemnify, save harmless and defend the pity of Corpus Christi, and its agents, servants, and err~ployees, and each of them against and hold it and them harmless from any and alb lawsuits, clairr~s, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage tv any property, which may arise or which may be alleged to have arisen outofor in connection with the work covered bythi contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the pity of Corpus Christi, its agents, servants, or employees orany other person indemnified hereunder. ' + '. -1 ' ~~ ~~ ~~~ C~iR~T[ ~ of Corpus Christi Ordinance ~7~ ~~, as amer~de~, req~rires ali persons or times seeking to do business w~h the City to provide the toliawing lr~tormaticr~. every questian must be answered. it the queion is not applic~bie, answer with `NA'. sT~r, ___ _ _ _ m~ ~R~l is: ~ . Corporation Partnership ~ ~. Sole owner ~ 4. Assa~a~on v ~. Oiher v ~ICl.OIJRE C~~J~T~~N if additional space i necessary, please use the reverse side of this page yr attach separate sheet ~ . S' r~arnes each "emptoyee" the Ci#y of Corpus Chrlsta having an "ownership in~eres~' consatu~dng 3°la or more ~ the ownership in the above named "firm". Name Joa T~#e and ~ Deparbne~t [~ known} Std the names a~ each ~'~i" the pity of Corpus Christ having an "ownership interest' canstifiu~ng °l~ or mare of the ownership 'rn the above named "f~rm~'. Name Tie ~. Stye the names of "board n~errrha~ o~ City o~ Corpus Christi having atr "ownership interest's consfting 3~ or more _vf the ownership in the above named ~rrn". iMiarne Board, Cam~sion ar Comm~bee ~. Std the names of each emptoyee or aver of a "consuitant*' t~ar the City of Corpus.Christi ~rhv worked on any matter related fio the subje~ of this c~tract and has an ~`awnership interest const~rlt '~6 or mare of the awr-ership in the above framed "fin". lame Consu~ant '~F1~AT~ 1 eel that a~E in#onna~an pded ~s a and correct as of the date o~ this statement, that I have not I~nawing~y v~hhe cdascme of any mon regctested;and that supp~ernercta~ ~#ements ~~~ he pramp#y subrn~ted to the Gi~y ~f opus Gh, Te~cas as charges occur. * ~ ~ i • ~ Tie. C-erCng Peron. ~~°`~~ ~~ Signature of er~ying person: date: