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Home My WebLink AboutC2007-425 - 12/4/2007 - NAAMENDMENT No. 3 to AGREEMENT for Groundwater Consulting and Quality ControllAssurance This AREE~IENT i beteen the pity of corpus Christi, Texas, a Texas hone-rule n~unicipai corporation, "lTY", acting through its duly authorized pity Manager or designee {"pity Engineer"}, and ~leinfelder, a Texas corporation or partnership, "LAB", acting through its duly authorized representative v~hv is Jer Ll #reu Name} Area IUlan~~ _ ~ ~Title~, v~hich agree as follo~rs: ~ . DEDLARATION "CITY" desires to engage "LAB" to provide services in connection Frith pity's project, described asfollov~rs: J. . EtiiottLandfill~raundvtiraterMonit~rin aid dam lin -Anal i Ptah ~J. . Elliott Landfill PermitArrrendrr~en# Pro'ect ~~~5 "PR~JET". ~. DOPE of VI~oRI~ "LAB" shall provide services to the PROJECT in accordance v~rith the accompanying Scope of Services and Fee Schedule attached as "Exhibit A"and the Terms and conditions to AGREEMENT attached as "Exhibit B"and the Hold Harmlessllnderr~nification attached as iiExhibit ". FEE The "CITY" agrees to pay the "LAB" for services provided in accordance Frith Exhibit "A", Scope of Services and Fee Schedule under this AREEI~IENT, an additional not to exceed fee of ~,O~.oo, din figures}, one Thousand rx one and nol~cx dollars din ~rords} for a restated total not to exceed fee of 1,1~~.OO. 4. DITY' D#DLOUf~E of HA~ARDOU ToXID MATERIAL AND DoNDITIONS AT THE P~o~EDT SITE. "CITY" ~rarrants to "LAB" that to the best of its knovuledge, based upon currently available inforr~ation, the only hazardous or toxic materials, a defined by the lavtirs and regulations of the Federal governr~ent, the state, and city ~vhich exist at the P~~JET SITE are as follo~rs: None. CITY OF CORPUS CHRISTI By: ~ ~ 'An I .Escobar, P.E. (D to ]n rim Assistant City Manager ATTEST: Iz~d~ ~ Armando Chapa, City ~cretary (Date) LAB: By. !~r ~2~ ~0 7 {SIG RE) (Date) P.~. Box 493 ~ 500 Ambassador Roar Address} for us Christi T~ X8489 ~~itylStatelZip} ~~~ -854-474 Fax: 35 ~ -854-494 REDOMIUIENDED: ~ ~ E~evin Stovers ~Da e} Interirr~ Director-~ Engineering Services APPR D A T FORM: ~ ~~.,~ n~,~~~~,~~,* Date} ~~07-4~5 ~ 250 1~1~4107 (Phone/Fax No.) Page 1 of ~ ~einfelder KL~[~f~~~,~]~R an cm~Eav~e o~+++~crd company l~over~lr 20, ~~07 fir. ~e to~r~rs City of Corpus Christi ~]epar#~ient of ngineerin ~.~. Bax 9~~7 Carpus Christi, Texas 75469-9~~"7 ub~eet; ' Re~rision ~~ ~llio~t ~.,and~~l City Fro j ect No. ~~ Corpus Ch~.s~, Texas ~7ear fir. ~a~vers; eiz~felder leas peon providing engin~er~g servioes for e above referenced project, 'fie original leinfelder cost es~i~ate 1l be exceeded end we are requesting ~n increase to air budget as shoes below. ~a~gi.~al can.~act cost ~ $ l ~,D~O,~o 1~ddi~av~ai service estirr~ate #~ ~ $1,~1,4o Ne~v Total project estimate ~ 16,~d~.~0 At this #i~ne a are awax~ng a response from. T~ concert the last submittal, and it is passrble a~ addr~onal e~ICeS ~11g~1~ be re~u~red depending upon their response. , If you have any questions please feel Free to contact us. cere~y, LE~NFLD~R CENT~A.~,, Ino,, ,ferry ~,ipstreu ~irea Manager Exh~h~t A Pa e~of1 K ~ ~ 1 N F ~ ~ D ~ R X002 Arnbas~adar Row, ~rp~s Christi, TX 784 ~ 6 (3~1 } 854-474 [3b~ ~ 854.494 fax EH l B IT ",B„ TEI~I~ANI~ ~NI]ITI~fVT~AI~EEfUIEfVT ARTlLE ~. ERIII~E: "LAB" mill: ~ . ~ Provide ar~ly thane services requested by "CITY Ef1lIf1~EEl~" that, in the opinion of "LAB"', fie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. ~,2 Perform technical services under the general direction of ~ licensed engineer and in substantial accordance with the basic requirements of the appropriate standards of the American vtiety for Testing and fl~aterial, where applicable, ar other standards designated in writing by the "CITY ENINEEI~". 1, Pramptfy submit farr~al reports of tests, inspections and services performed indicating, where applicable, compliance with the PI~~JE~T spetifitations or other contract documents. Buch reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE f'R~~ET area sub~etted to any testing. 1.4 l~tiiize testing equipment which has been calibrated according to applicable standards and, upon request, subr~it to the "CITY ENII~IEEI~", or his authorized representative, dacumentatian of such calibration. eture representative san~pEes of those materials that the pity's antractor proposes tv use vuhich require testing, together with relevant data concerning such materials including the point of origin and supplier. ~.5 consider reports to be confidential, and distribute reports only to thane persons, organizations or agencies specifically designated in writing by the "CITY ENINEEI~", 1, detain retards relating to services performed far "CITY" for a period of two years following submission of any reports, during which period the retards will be made available to the "CITY" at all reasonable tines. 1.7 Pay salaries, gages, expenses, racial security taxes, federal and state unemployment takes, and any ether sir~ilar payroll taxes relating to the services. TERMS AND CONDl~40NS T4 AGREEMENT (REVISED JANI{ARY, 1998) PACE 1 of 5 ARTICLE ~. CITY REPONIBILITIE; City Engineer or authorized repreeentat~ve gill; ~, ~ Provide "LAB" vuith all plans, specifications, addenda, change orders, approved shop drayrings and other information for the proper performance of services by „LAB" ~.2 Issue authorization in vuriting giving „LAB" free access to THE PROJECT site, and to all shops or yards ~rhere materials are prepared or stored. ~. Designate in ~rriting those persons or firms ~uhich vuill act ass the "C1TY's" representative vuith respect to "LAB'B" services to be perforr~ed under this AOREEIIENT and Which must be promptly notified by "LAB" ~uhen 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 v~rith respect to THE PROJECT. "LAB" acknov~ledges 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 allo~r for assignment of personnel by "LAB" for completion of the required services. such advance notice vuill be in accordance vuith that established by mutual agreement of the parties. ~.~ Direct THE PROJECT contractor, either by the Construction Contract or direct ~rritten order to. ~a} Btop v~orlc t the appropriate times for "LAB" to perform contracted services; fib} 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 ~rhich must remain on THE PROJECT site prior to, during} and up to o days after testing. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, '1998) PAGE2o~5 ARTICLE ~. ENERALDONDITION 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. .2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications ar 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" gill direct THE PROJECT contractor to stop work at appropriate times far "LAB" to conduct the sampling, testing, or inspection of operations covered by the AOREEI~ENT. ARTICLE4~ FIELD MoN1TDRINANDTETIN ~. ~ "CITY" and "LAB" agree that "LAB" will be an-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" gill not relieve the PROJECT Contractor of his responsibilities for perrorming the work in accordance with THE PROJECT plans and specifications. For the purposes of this AREEMEIVT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AREE~IENT. continuous monitoring by "I..AB" or its subcontractors does not mean that "LAB" is approving placement of materials, Inspection i not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. ~.~ 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 o days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non, hazardous sarr~ple, and return hazardous, acutely toxic, or radioactive samples and samples containers ar~d residues to "CITY" "CITY' agrees to accept such samples and samples containers, TERMS AND CONDITIONS 70 AGREEMENT {REVISED .IANUARY, 1998) PAGE30F5 ARTICLE 5, TANDAf~~ of BARE AID 1ARRANTY services performed by "LAB" gill 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" wil! not be responsible for the interpretation or use by others of data developed by "lAB" ARTICLE ~. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PR~JET'B general contractor will be solely and completely responsible far working conditions on THE PR~JEBT, including safety of all persons and praperty during the performance of the work, and for compliance with a!I 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, ar responsibility for, the adequacy of the PR~JET'S genera! contractor's safety measures in, on, or near THE PR~JE~T site. ARTICLE 7. INIIOIE ANA PAYMENT "LAB" will submit progress invoices to "CITY ENIIVEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "lTl~" within 0 days of receipt and approval to pay by the pity Engineer. ARTICLE 8. EXTENT ~F AGREEMENT ~,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'S. If any conflict occurs between these terms and conditions and this AREEIVIENT, these terms and conditions are controlling. 8.~ In the event that any one or more of the provisions contained in Phis AREE~IENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AREEIUIENT 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. TERMS AND CONDITIONS TO AGREEMENT {REVISED .IANUARY, 1998} PAGE 4 OF ~J 8~ Neither party gill assign this AREEI~ENT utirithout the express v~ritten approval of the ather, but "LAB'S may subcontract laboratory procedures as "LAB" deems necessary to r~eet the obligations of this A~EEN~ENT. TERM5 AND CONQITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 5 OF 5 Exhibit C Mandatory Requirements (Revised November, 2005} INC~MNIFICATI~N ACID HELD HARNlI.~ Consultant agrees to indemnify, save harmless and defend the City oforpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any alnd all lauvsults, claims, demands, I~ablllt~es, losses and expenses, Including court costs and attorneys' fees, for or vn account of any injury to any person, or any death at any time resulting from such injury, or any damage to any properf]I, which may arise or which may be alleged to have arisen out of or in connection with the work covered ny this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole ar concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. F ~ . ~ ,. C~ ~~ C~~~V C~~ i#y of Corpus Christi ordinance ~~~ t2, amended, requires all persons or f~rrns seeking to do business with the City to provide the toliowing in~orrnatiar~. Every q~tesor~ must be answered. If the question is not applicable, answer witf~ `NA*. ~~ ~ ~~ ~ n~: ~ Fl~~ ~s: ~ . orpara~an ~ ~. ~ar~ership v ode owner o 4. Ass~~atian ~ 5. hey ~ C~~~OUR QU~T~~I~ It addi~onal space i ne~ry, please use the reverse side of this page or at~ch separa#e shee#. ~. Stake names of each "ernpioyee" of the ~tty of Corpus Chris#i having an Nownership interest" constiing ~°~b or more of the ownership in the above Warned "hrm". Name Job T'~e and City Department ~~ known} 2. State trie names ai' ~ "off" the Cry ~ Corpus Christ hang an "ownership interest" consttuting 3°~ or mom the ownership ire the above Warned "firm". Name Tie ~. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3~ or more of the a~wnership in the above named ~irn7". Name Board, Commission or Comree ~. the ernes o€ ems or offer o~ a ~'c~nsur~' fior the Cry of Carpus•Chr who worl~ed on any n~at~er r~~ated #o the subject of ~s ~ and has an "o~nersh~p interest" ' g ~ or more of the ownership in the above named "firm". Name Consent t CER'~~lCA~ } 1 certify that a!I information provided ~ true and ca~rect as of #~~ dale of his strnent, that ~ have not knowingly w~hheid d~dasure of any m~am~atian ~eques~ed; and that srrppiemen~ai Mme w~~l be prompa ubm~ed to the ~ of corpus ~hri4,1'axas as changes occur. ~~ t~ -- ~e ' 'n ~e~or~: ~ ale: 9 ~ypeor~~ ~~ ~-~ ' n e a e ~ Person: Qate: ~ ! atur f ~9