The URL can be used to link to this page

Home My WebLink AboutC2007-445 - 12/27/2007 - NAAI~ENDI~ENT No. ~-AREE~IENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services This AGREEII~ENT 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 I~ileinfelder, a Texas corporation or parknership, "LAB", acting through its duly authorized representative who is .~ ~ ~Name~ f~ - Title}, which agree as follows ~ „ ~~ ~ „ ~, 1. DECLARATIONS CITY desires to engage LAB to provide services ~n connection with City's project, described as follov~rs: J. C. Elliott Landfill -Citizens' Collection Center and Transfer Btation - Proiect No. ~ 9~ "PROJECT". ~. SCDPE CF 1~VORK "LAB" shall provide services to the PROJECT in accordance with the accompanying scope of Services and Fee Schedule attached a "Exhibit A" and the Terms and Conditions to ACREEI~ENT attached as "'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 AOR~EENT, an additional total fee not to exceed 5,~ D4 00 din figures}, Five Thousand and no~xx dollars din words} for a revised not to exceed total fee of 104,55Fo~~ ~. INDElVINIFICATIONAND HOLD HARl~LEThe Labagreesto indemnify, saveharm~ess and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "C". ~, CITY'S DISCLOSURE OF HAZARDOUS TONIC MATERIALS AND CONDITIDN AT T~1B PROJECT SITEF '"CITY'" warrants to "LAB" that to the best of its knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the lags and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY DF CARPUS CHRISTI By. ~ ~ `Angel ~cobar, P.E. Date} Interirr~ Assistant City Manager ATTEST; LAB: By: (L-Z6-U~ ATURE) {Date) 5Q 2 Ambassador Row {Address} Cvr~u h~i#i, T~ ~84~ ~ ~ ~ it Itate~~i { Y ~~ Arr~ando Chapa, City Sec Lary ~ ate} 5 ~ -854-4714 Fax: ~ ~ -$54-494 {Phone~Fax No.} APPROVED AS TO FORM: ~.' ~~' Legal Department {Date) RECOMMENDED: Kevin ~. Stowers Date} Interim Director- Engine~~~~~ tprvir;es C-5/Ra-TICc~ ~~ ~i~ ~~~~~~V~ ~le~nfelder i ~ln employee a+vne~ ~nmpar,y I~eC~r~~er ~G, ~~07 r. ~e~~n~ Stowers City of Carpus Christi Dep~ent of engineering P,O, fox ~7 Carpus C~, ~'e~aS ~~~~~~~~~~ ubject~ atcr~a~s ~'esti~g ervi~es JC ~Iiott Transfer station Project City Project No, 5~9~ Carus s~, Texas Dear Mr. Stowers: ~leinfeider has been pzov~d~n ~nateria~~ testing services far ~e above refe~e~ced ~r~ject, ~dd~tional services have been requested t w~~ came ie~felder to exceed oar original ater~als testing estate, 'V~e ha~~re estimated the cast far tie additional services a s~ow~a below, ~~gln~ ~AI]t~'a~~ G~s~ ~ ~~,~J~f~~ Additinnai services estimate ~~ ~ $~,G~~,~~ Additional services estim~.te ~~ ~ $~,~4,00 ~4dc~r'~z'ona~ services est~~zat~ #3 - ~5, ~0~, ~~ ~e~ Total project estimate ~ 1~~,55~,~~ if ~~~ have auy ~~estions please fees free to contact u, Sincerely, KLEINFELDER Jexry Lipst~reu Area. Manager ~ E, ~ I ~ E E L D E ~ SQ~~ Ambassador Row, Corpus Christi, TX x'$416 ~36~} 854,4174 (3~~~ 85~-442 fax ExhibitA ~'a~~of1 EXHIBIT "B" TERMS AND ~NDITI~NS T~AREEMENT ~IRTiCLE ~ . SERIIIES: "~.AB'! gill: ~,~ Provide only those services requested by "D1TY ENGINEER" that, in the opinion of "LAB",liewithin thetechnical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. ~ .~ Perform techn ical services under the general direction of a licensed engineer and in substantial accordancewith the basic requirementoftheappropriat standards of the American Society far Testing and I~Ilaterials, where applicable, or other standards designated in writing by the "CITY ENGINEER". ~ . Promptly submit formal reports of tests, inspections and services performed indicating, where applicable, compliance with the PRJET specifications or other contract docurr~ents. Such reports must be complete and factual, citing the torts perfarrnod, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. ~ .4 Utilise testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY EI~INEER", or his authorized representative, docur~entation of such calibration. Secure representative samples of those materials that the pity's contractor proposes to use which require testing, together with relevant data concerning such materials including the paint of origin and supplier. 1.~ consider reports to be confidential, and distribute reports only tv those persons, organizations or agencies specificaEly designated in writing by the "CITY ENGINEER". ~ . Retain retards relating to services performed far "CITY" far a period of two years following submission of any reports, during v~hich period the retards will be made available to the "CITY" at all reasonable times. 1.l Pay salaries, wages, expenses, racial security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE ~. CITY REP~NI~ILITIE: pity Engineer or authorized representative will: ~.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information far the proper performance of ervlces by "LAB". TERMS AND CONDITIONS TO AGREEMENT (REVISED .1ANUARY, 1998) PAGE 1 OF 4 ~.~ Issue authorization in writing giving "LAB" free access to THE PRJE~T site, and to all shops or yards where materials are prepared or stared. ~. Designate in writing these persons or firms which will act a the "ITY'" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which rr~ut be promptly notified by "LAB" when it appears that materials tasted or inspected are in non~campliance. only the "QTY ENGINEER" or his designated representative have authority to tranrrrit instructions, receive information end data, interpret and define the ITY's policies and decisions with respect to THE PR~JEDT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PR~JE~T. ~.~ Advise "LAB" sufficiently in advance of any operations sa as to allow for assignment of personnel by „LAB" far completion of the required services. Ruch advance notice will be in accordance vuith that established by mutual agreement of the parties. 2.~ Direct THE PR~JE~T contractor, either by the construction contract or directwritten orderto~ ~a} Stop uxrark at the appropriate times far "LAB" to perform contracted services; ~h~ Furnish such lobar and all facilities needed by "LAB" to obtain and handle samples at THE PR~JEDT and to facilitate the specified inspection and tests; ~c~ Provide and maintain for use of "LAB" adequate space at THE PR~,~ET far safe storage and proper curing of test specimens which rust remain on TIE PR~~ET site prior to, during, and up to a days after testing. ARTtLE 3. ~I~E~AL DNDITI~NS 3. ~ "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 T~iE PR~JEDT which, by custom or contract, are vested in THE PRC~JET architects, design engineers, or any other design agencies or authorities, .~ "LAB" is not authorized to supervise, alter, relay, enlarge or release any requirement of THE PR~JET 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 ENGINEER" will direct THE PR~,JET contractor to step work at appropriate times for "LAB" to conduct the sampling, testing, ~or inspection of operations covered by the AREEIENT. TERMS AND C~NDITIO~VS 1'O AGREEMENT (REVISED JANUARY, 1998} PAGE 2 0~ 4 ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "'LAB" rill be on-site to perform inspections for contracted services The "CITY" and "LAB"' also agree that "LAB" gill 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 P~oJECT Contractor of his responsibilities for performing the vuork in accordance r~ith THE P~odECT plans and specifications. For the purposes of this AGREEI~E~IT, the cord "inspection" is used to mean periodic observation of the vuork and the conducting of tests by "LAB" as specified in the AGREEtUIEIVT. Continuous monitoring by "LAB" or its subcontractors dues not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a vuarranty by "LAB" to the "CITY" crony other party. 4.~ Samples collected or tested by "LAB" remain the property of the "CITY" chile in the custody of the "LAB", „LAB" r~rill retain the samples for a period of Go days follovuing the date of submission of any report related to the sample. Fvllov~ring the retention period, "LAB" vuilldispoe ofnon-hazardous samples, end return hazardous, acutely toxic, or radioactive samples and samples containers end residues to "CITY" "CITY" agrees to accept such samples and samples containers. ARTIDLE ~. STANDARD of A~~ AND I~ARRANTY Services performed by "LAB" gill be conducted in runner consistent v~ith 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 ~varranty either expressed or implied i made or intended by the AREEIENT or any reports. "LAB" ~i11 not be responsible for the interpretation or use by others of data developed by "LAB" ARTILY ~. SAFETY ''CITY" and "LAB" agree that, in accordance uvith the generally accepted construction practice, the PROJECTpS genera! contractor v~rili be solely and completely responsible for ~vorking conditions on THE PR~JET, including safety of all persons and property during the performance of the v~ork, and for compliance v~rith ail municipal, state, and federal la~u, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any revie~r of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, yr near THE PROJECT site. TERMS AND CONDITIONS TO AGREEMENT (REVISED .JANUARY, 1998) PAGE30F4 ARTICLE 7~ INVOf DES AND ~AYI~ENT "LAB"will submit progress invoiceto "QTY ENGINEER"monthlyand final invoice upon completion of services. Each invoice is due and payable by "CITY" within D days of receipt and approval to pay by the pity Engineer. ARTICLE 8. EXTENT of AGREEMENT S.~ This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT betvueen "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 duiy authorised representative of "CITY"and "LABF'. If any conflict occurs between these terms and conditions and this AGREEMENT} these terms and conditions are controlling. ~.~ In the event that any one or more of the provisions contained in this AGREEMENT are forany reavnheld invalid, illegal or unenforceable finny respect, the remaining terms will be in full effect and this AGREEMENTwill be construed as if the invalid or unenforceable r~atterswere never included in this AGREEMENT. No waiver of any default wild be a waiver of any future d of a u It. ~, Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures s "LAB" deems necessary to meet the obligations of this AGREEMENT. TERMS AND CONDITIONS TO AGREEMENT (REVISED .IANtJARY, 1998) PA~E4o~4 i ~ , ~ ~ } r D~50~OSiJ~~ ~~ liliT~R~sTs City of carpus Christi Ordinance ~T~ f as amended, requires alE persona or firms seeking to do business with the City to provide the following intormafian. every ques~i~n must be answer. if the questron is not applicable, answer with "NA#. F~R~ NANI E: ~~ ~~r~ h ~,~ ~ = ~'~ TWEET: D ~ ~ ~C' y`' OITY: ~ ~Ip: ~ ~ ~R~ is: ~ . ~~rpanation ,~ ~. Par~erhip ~ foie Owner ~ 4, 1~ssagation n ~. Other v DILO~UI ~~1~T~ON !~ additional space is necessary, please use the reverse side of this page or mach separate sheet ~, fie the names of each "employee of the pity of Corpus hris#i having an "ownership ir~teres~' constituting 3°l0 . or more of the ownership in the above named "firm". Name Job Tt~e and City ~e~ar~ment f~ knovvn~ ~. ~ names of eaoh "o~u~ar' of the Cry of Corpus Ohristi having an "ownership interest' constituting 3°l0 or more of the ownership in the above named "firrn'~. Name Tie . ~ ,l 3. #a~ the names of each "board member' of the Gtity of Corpr~s hris6 having an "ownership interest" cons~titufing 3°~ or more of the ownership in the above named "firm"- Narae Board, Gornison or Commit~e ~. Side the names ~ each etnpioyee ar cer of a "consui#an~' for the City of Corpus•hristi who worm on any matter reiated ~ the subs of this cvt~tract and has an "ownership interest" consng 6 or more of the o~nership in above nand `~rrm". Name Consultant r CT~~ATE ~ ! certify that a!! information pra~nded ~ true and correct ~ of #~~ date of the statemen#, that i have not knawing~y w~hheld ~ of r~riatian requested; and that supplemental statemer~s wi~i ~e promp~y subn~i~ed tQ the City ~~ Oorpus hr, Texas as changes occur. ~erng Person. ~ ~ T't~e. ~ {Type or i~ri~~ nature of e ~ Person: Date: ~ ~~