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Home My WebLink AboutC2007-444 - 12/27/2007 - NAAMENDMENT No. 4 to AGREEMENT for Groundwater Consulting and Quality ControllAssur~nce This A~EEMENT is between the pity of Carpus Christi, Texas, ~ Texas hame~rule rr~unicipal corporation, "CITY", acting through its duly a~utharized City NEenager ar designee {`iCity engineer"}, and I~leinfelder, Texas corporation or partnership, "LAB", acting through its duly authorised representative who is ~ ~t {Nave} ~~ {Title}, uvhich agree as follows: ~-~~ 1. DELA~ATION "CITY" desires to engage "LAB" to provide services in connection with pity's project, described as follo~rs: J. . Elliott Landfill - Crounoiwater Monitorin and dam lin -Anal is Plan - J. . Elliott Landfill PermitAendment Pro'ect ~2~~ "PI~~JECT". 2. SCOPE ~F VI~ORK ''LAB" shall provide services to the FR~JET in accordance v~ith the accor~~anying Scope of services and Fee Schedule attached as'~Exhibit A"and the Terms and Conditions to AGREEMENT attached as "Exhibit B"and the Hold Harn~less~lndemnification attached a "Exhibit ". ~. FEE The "CITY" agrees to pay the "LAB" for services provided in accordance Frith Exhibit "A", Scope of services and Fee schedule under this AGREEMENT, an additional not to exceed fee of X75. 4.0~ {in figures}, {even Hundred Fi arrd nolxx dollars {in v~rord} for a restated total not to exceed fee of ~~ ~ , 9~1.0~. 4. CITY'S DISCLOSURE OF HAZARDOUS T~~1~ MATERIALS AND CONDITIONS AT THE PROJECT SITE. "CITY" ~varrants to "LAB" that to the best of its kno~rledge, based upon currently available information, the only hazardous ar toxic materials, as defined by the lavers and regulations of the Federal government, the state, and city utirhich exist at the PROJECT SITE are as fallovus: None. CITY OF CORPUS CHRISTI By: ~ ~ ~' ~ `An .Escobar, P.E. {Date} Interim Assistant City IUlanager ATTEST: Armando Chapa, Cit~Secretary (Date) RECOMMENDED: LAB: By: ! Z`zb` °7 (SI RE) {Date} P.. Box 42g~ I ~0~ Ambassador Rave {Add ress~ Corpus Christi, T~ X849 ~CitylStatelZip~ ~ -S~ 414 Fax. ~ ~ -8~4-~g2~4 {Phone/Fax No.) Kevin Stowers (Date) Interim Director -Engineering Services APPROVED AS TO FORM: ~~~~~~ Legal Department (D fe) Funding Source: 530040-1020-'i2520 Encumbrance: J~d~5T LL Page 1 of ~ ~~07-~4~ 1 ~1~ 7I~7 I~le~nfe~der L An en~~luye~e ow-~ed cc~+n~wny l~eeember 26, 2007 Nor. Sevin ~tov~ers zt~ of corpus Chris ~epar~nent o~ l~n~inee~i~ . P~~, lox 9277 Corpus Christi, Teas 74~9r9277 ubject~ C~V~A~ Re-~sion ~{ ~~ ~lliatt ~,andfill Cif ~ro~eot o. 5205 corpus Christi, Texas Dear ~, tawers: elder has been ro~ri~fn ~~ ' eerin semis for ~e above refexenee~ project. ~Inf ~ ~ ~ The original K~eiz~elder Est es~i~te will be ~~ceeded end ~e are re~uestrng an Increase to our budget as sho~r below. ~riinai contract cost ~ $I S,OO~.Oo Additional service estimate ~~ - ~,~~~.00 ~~di~'o~I service es~t'~a~~ #~ ~ ,750. DO Ne~v Total project estate * ~ ~ ,~ 11.00 . This additional tine is re ulred to ansv~er Tl~ questions con~cernin the last submittal. I~ you have any ~uestior~s please feel free to contact u. sincerely, K~~IlI~I~~I~I~ CENTRAL, ~.c. Jerry~Lipstreu Area tanager ~ t F I N F ~ ~. D ~ R ~OD~ Amb~~sadpr Ro~-, Corpus Christi, T7C T84~ ~ ~3b1~ 85~-477 ~3~i~~ 854924 fax Exhibit A Pa e1 ofd EXHIBIT "B" TES ANA ~N~~TIN T AGREEMENT ARTICLE ~. ERIIIB: "LAB" will: ~.1 Provide only those services requested by "CITY ENINER" that, in the opinion of "LAB",lie within the technical or professional areas of expertise of ,SLAB"and which "LAB" is adequately staffed and equipped to perform. ~ .~ Perforr~ technical services under the general direction of a licensed engineer and in substantial accordance rruith 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 "iTY ENGINEER". 1. Promptly submit formal reports of tests, inspections and services performed indicating, where applicable, compliance vuith the PROJECT specifications or other contract documents. such reports must be complete and factual, citing the tests performed, methods er~ployed, vaiues obtained, and parts of the structure of THE PI~~JE~T area subjected to any testing. 1.~4 l~tiliz testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "1TY ENGINEER", or his authorized representative, documentation of such calibration. secure representative samples of these materials that the pity's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier 1. consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in ~uriting by the "CITY ENGINEER". ~,~ Detain records relating to services performed for "ITYi' for a period of two years fallowing submission of any reports, during which period the records will be rude available to the "CITY" at ali reasonable times. 1 ~7 Pay salaries, gages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE ~. iTY REBPONIBILITIEB: pity Engineer or autl~~rized representti~r will: ~.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drav~ving and other information for the proper performance of services by "LAB" TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 'I99S} PA~~ 1 of 4 ~~~ Issue authorisation in writing giving "LAB" free access to THE ~ROJEDT site, and to all chaps or yards where materials are prepared or stored, ~3 Designate in writing thane persons or firr~s which wil! act as the "ITY'" representative with respect to "LAB'S" services to be performed under this AREEtIIIENTandwhich mustbeprornptlynotified by"LAB"when itappear that materials tested or inspected are in non~cornpiiance. only the "CITY ENGINEER" ar~ his designated representative have authority to transmit instructions, receive information and data, interpret and define the ITY's policies and decisions with respectto THE PR~JET. "LAB" acknowledges that cerkain "CITY" representatives ray have different types of authority concerning THE PRaJET. .~ 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 gill be in accordance with that established by mutual agreement of the parties ~, Direct THE PRaJET contractor, either by the ~onstructian contract or direct written order tai ~a} tap work at the appropriate times far "LAB" to perform contracted . ervlce; fib} Furnish such lobar and al! facilities needed by "L.AB" to ob#ain and handle samples t THE PRaJET and to facilitate the specified inspection and tests; ~c~ Provide and maintain far use of "LAB" adequate space at THE PRaJE~T far safe storage and proper curing of test specir~ens which must remain on THE PRaJE~T site prior to, during, and up #o 4 days after testing. ~IRTILE ~ El~~RAL ~a~VDIT~aN ~. ~ "LAB", by the performance of services covered hereunder, does not ire any way assume, abridge ar abrogate any of those duties, responsibilities ar authorities wi#h regard to TH E PRaJET which, ~ by custom or contract, are vested in THE PRaJET architects, design engineers, or any other design agencies or autharities~ ~.~ "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PRaJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of refection or the right to stop the work. "CITY ENlNEER"will direct THE PR~JE~T contractor to stop work at appropriate times for "LAB" to conduct the an~rpling, testing, or inspection of operations savored by the AREENiENT. TERMS AND C~NDITIQEVS TO AGREEMENT (REVISED .JANUARY, '~ 998 PAGE20F4 ARTICLE 4, FIELD MoNITORIN AND TESTING ~. ~ "CITY" and "LAB" agree that "LAB" gill be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assure responsibility for PROS ET contractor's means, methods, techniques, sequences or procedures of construction, and it is enders#ood that the final services provided by "LAB" gill not relieve the PROJECT ontractorof his responsibilities forperformingthe work in accordancewith THE PR~JE~T plans and specifications. For the purposes of this AGREEMENT, the word ''inspection" i used to mean periodic observation of the work and the conducting of tests by ''LAB" as specified 'rn the AGREEMENT. continuous r~onitoring by ''LAB" or its subcontractors does riot mean that "LAB" i approving placerent of materials. Inspection is not and should not be construed to be a warranty by „LAB" to the "GITY'r or any other party. 4.2 samples collected ortsted by "LAB" remainthe propertyofthe"CITY"while in the custody of the "LAB,'. "LAB" will retain the samples for a period of fig 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 end residues to "CITY" "CITY" agrees to accept such samples and samples containers, ARTICLE ~~ STANDARD of DARE AND V~IARRANTY services performed b „LAB" will be conducted in a manner consistent with that level of care and shill ordinarily exercised by reputable members of the profession currently practicing under siri[ar conditions in the same Iocality~ No other warranty either expressed or implied is made or intended by the AREEIVIENT or any reports. "LAB" will 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 PRO,~ETQS general contractor will be solely and completely responsible forworking conditions on THE PRDJET, including safet of all persons and property during the performance of the work, and Y for compliance with all municipal, stater and federal laws, rules and regulations, including BHA. The dutyof "LAB" in providing services is not, therefore, to include any reviewof, or reponsibilityfor, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PRGJECT site, TERMS AND CONDITIONS TO AGREEMENT (REVISED .1ANUARY, 1998) PAGE 3 OF 4 A~TILE 7. IN11o1E ADD PA1~~IEl~T "LAB„ will submit progress invoices to "CITY ENINEEI~"monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY"within g days of receipt and approval to pay by the pity Engineer, ARTII~E 8. E~T~NT DF AC~EEI~ENT 8.1 This AREEI~ENT, including Exhibit "A" and these tears and conditions, re resents the entire AGREEMENT between "CITY" and "LAB" and p ~ r i ~ ~ supersedes all prior negotMat~vn, repreentat~vns or agreements, written yr oral. This A~EEII~ENT may be amended only by a written instrurr~ent signed by duly authvri~ed representative of "IT"and "LAB", ~f any conflict occurs between these terms and conditians and this AREEMENfi, these terms and conditions are controlling, 8.~ In the event that any one or more of the provisions contained in this AREEMEI~Tareforanyreason held invalid, illegal orunenforceableinany res cot, the remaining terms will be in full effect and thisAREEMENTwill p . be construed a if the invalid or unenforceable matters were never included in this AREE~IENT. Nvwaiverof any default will be awaiver of anyfuture default, 8. Neither party will assign this AREEIUiENT vuithvut the express written approval of the other, but "LAB" may subcontract laboratory procedures as „LAB" deems necessary to meet the obligations of this AREEIVIENT, TERMS AND CONDITIONS TD AGREEMENT (REVISED .JANUARY, 1998) PAGE 4 OF 4 ~~ C~~~f~1 V~l~ 1 ~ ~]~C~Q~JR~ ~F 1~R~~'a pity of Coypus Chr Crdtnance 'i~1 ~, as amendedt ~equxres a1[ persons or firms seeking to da business with a ~jr to provide t~1e tallavv~ng lM~~D~l. Every question must be answered, i~ the quebOn ~ not applxcabie, anSW~r with `[~A'. ~~~VA~MF: ~~r~~~~ 'rR~: ~ ~ ,,~ 5 ~`~ ~'~`' CITY: ~iP; ~ FlR~I Is: ~ . Ccrparation ~. Pa~ership ~ . aie owner v 4. Associa~on ~ ~. ether ~ DICLDEJRE C~U~T#ONS if addi~ona! space ~ necessary, please use the reverse side of this page ar aitach separa#e sheet. ~ . ~e the names ~ "ernpyee" v# the pity of Corpus Christi having an "ownership interest' constituting °Io or more of the ownership in the above named "frm". Name Job fide and City Ce~artrnent ~~ ~own~ . ~e the names each "atf~ the pity at Carpus Christ having are "awnershlp I~~ constng 3°Io or mom o~ the ownehip in the above Warned "f~rrn". Name Tie ~. Staff the names of each "hoard member" o~ #I~e C`y Corpus Chds4 having an "o~mership interest" constituting 3~ or more of the arrership in the above named "~rrn", Nye Board, Common or Cornm~ee 4. the names each employee or der o€ a "oansuitant" for the C of orpu~Chri#I who worked on any matter related to subject of this contract and has an "ownership Interest" coming °~ or snore o~ the ownership in the above named "~irrn'~. Nave Consu~ant C~RT~F~CATE ~ 1 cey fat a!! in#orma~cn p~otided ~ true and ca~rec~ as of fhe date of ~~ tmas, that !have not ~nng~~r wlthhe~d d~sdoaute a# any' , n reques~d; and fat supplemen~a! aemen#s w~~! be pramp~y subm~ted to the Cry of Corpus Chr, Teas as changes occur. Cer#ng Peon. [e. hype ar P ~ lgnatu~e of esying Aaron: ~ate:~ ~-~ - -- - -- -