HomeMy WebLinkAboutC2008-261 - 7/30/2008 - NAAMENDMENT No. 5 to AGREEMENT for
Landfill Monitor Wells
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 partnership, "LAB", acting through its duly
uthorized representative who is ~ ~Rt~Y / ; ~ S-(~1~GU-- (Name)
~ a ~~~ (Title), which agree as follows:
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1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection
with City's project, described as follows: J. C. Elliott Landfill -Monitor Wells -Methane Well
Modifications IProiect 5205) "PROJECT".
2. SCOPE OF WORK "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".
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 AGREEMENT, an additional not to exceed
fee of $2,000.00 (in figures), (Two Thousand and no/xx dollars (in words) for a restated total not to
exceed fee of $233,927.00.
4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS
AT THE PROJECT SITE. Based upon currently available information, the only hazardous or toxic
materials, as defined by the laws and regulations of the Federal government, the state, and city which
exist at the PROJECT SITE are as follows: None.
i
CITY OF CORPUS CHRISTI
By: ~ .~, g
'An I .Escobar, P.E. ( at
As istant City Manager
ATTEST:
Armando Chapa, City Secretary (Date)
RECOMMENDED:
Kevin R. Stowers (Date)
Director -Engineering Services
APPRO ED AS TO FORM: A ~ r,
~~ ~~1~~7
Legal Department (Date)
LAB:
By: ` ~Z-"~i-e8
(SIG E) (Date)
P.O. Box 4293 / 5002 Ambassador Row
(Address)
Corpus Christi, TX 78469
(City/State/Zip)
361-854-4774 Fax:361-854-4924
(Phone/Fax No.)
Page 1 of 1
Fnnriinn Rnurca• Fi3nnnrl_1r19n_12520
2008-261_
07/30/08
Kleinfelder
LK E/NFEL OER 5002 Ambassador Row
Coryus Christi, lK
erlght People. Right Solutions. 78416
~~ pi 361.854.4774
f i 3fi1.854.4924
klelnfeldeccom
July 21, 2008
Mr. Kevin Stowers
City of Corpus Christi
Department of Engineering
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Subject: Monitor Wells
J.C. Elliott Landfill
City Project No. 5205
Corpus Christi, Texas
Dear Mr. Stowers:
Kleinfelder- has been providing monitor well services For the above referenced project.
At the request of Mr- Tony Benavides Kleinfelder will provide materials and labor to
instal] locking bazs on existing methane wells located at the J.C. Elliott landfill. We are
requesting an amendment to our existing contract in the amount of $2,000 to cover this
service.
Contract cost thru Amendment #4 - $231,927.00
Additional service estimate - $2,000.00
Revised Total project estimate - $233,927.00
If you have any questions please feel free to contact us.
Sincerely,
KLEINFELDER
Jerry Lipstreu
Area Manager
Exhibit A
Pa e1of1
EXHIBIT "B"
TERMS AND CONDITIONS TO AGREEMENT
ARTICLE 7. SERVICES: "LAB" will:
1.1 Provide only those services requested by "CITY ENGINEER" that, in the
opinion of "LAB", lie within the technical or professional areas of expertise
of "LAB" and which "LAB" is adequately staffed and equipped to perform.
1.2 Perform technical services under the general direction of a licensed
engineer and in substantial accordance with 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 "CITY
ENGINEER".
1.3 Promptly submit formal reports of tests, inspections and services
performed indicating, where applicable, compliance with the PROJECT
specifications or other contract documents. Such reports must be
complete and factual, citing the tests performed, methods employed,
values obtained, and parts of the structure of THE PROJECT area
subjected to any testing.
1.4 Utilize testing equipment which has been calibrated according to
applicable standards and, upon request, submit to the "CITY ENGINEER",
or his authorized representative, documentation of such calibration.
Secure representative samples of those materials that the City's
Contractor proposes to use which require testing, together with relevant
data concerning such materials including the point of origin and supplier.
1.5 Consider reports to be confidential, and distribute reports only to those
persons, organizations or agencies specifically designated in writing by
the "CITY ENGINEER".
1.6 Retain records relating to services performed for "CITY" for a period of two
years following submission of any reports, during which period the records
will be made available to the "CITY" at all reasonable times.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state
unemployment taxes, and any other similar payroll taxes relating to the
services.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 1 OF 5
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative
will:
2.1 Provide "LAB" with all plans, specifications, addenda, change orders,
approved shop drawings and other information for the proper performance
of services by "LAB".
2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT
site, and to all shops or yards where materials are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the "CITY's"
representative with respect to "LAB'S" services to be performed under this
AGREEMENT and which must be promptly notified by "LAB" when 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 with respect to THE PROJECT. "LAB"
acknowledges that certain "CITY" representatives may have different
types of authority concerning THE PROJECT.
2.4 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 will be in accordance with that established by mutual
agreement of the parties.
2.5 Direct THE PROJECT contractor, either by the Construction Contract or
direct written order to:
(a) Stop work at the appropriate times for "LAB" to perform contracted
services;
(b) 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
which must remain on THE PROJECT site prior to, during, and up
to 60 days after testing.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 2 OF 5
ARTICLE 3. GENERAL CONDITIONS
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.
3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any
requirement of THE PROJECT specifications or 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" will direct
THE PROJECT contractor to stop work at appropriate times for "LAB" to
conduct the sampling, testing, or inspection of operations covered by the
AGREEMENT.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 "CITY" and "LAB" agree that "LAB" will be on-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" will not relieve the PROJECT
Contractor of his responsibilities for performing the work in accordance
with THE PROJECT plans and specifications. For the purposes of this
AGREEMENT, the word "inspection" is used to mean periodic observation
of the work and the conducting of tests by "LAB" as specified in the
AGREEMENT. Continuous 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.
4.2 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 60 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 and residues to "CITY". "CITY" agrees
to accept such samples and samples containers.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 3 OF 5
ARTICLE 5. STANDARD OF CARE AND WARRANTY
Services performed by "LAB" will 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" will not be responsible for the
interpretation or use by others of data developed by "LAB".
ARTICLE 6. SAFETY
"CITY" and "LAB" agree that, in accordance with the generally accepted
construction practice, the PROJECT'S general contractor will be solely
and completely responsible for working conditions on THE PROJECT,
including safety of all persons and property during the pertormance of the
work, and for compliance with all 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, or responsibility for, the
adequacy of the PROJECT'S general contractor's safety measures in, on,
or near THE PROJECT site.
ARTICLE 7. INVOICES AND PAYMENT
"LAB" will submit progress invoices to "CITY ENGINEER" monthly and
final invoice upon completion of services. Each invoice is due and
payable by "CITY" within 30 days of receipt and approval to pay by the
City Engineer.
ARTICLE 8. EXTENT OF AGREEMENT
8.1 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". If any
conflict occurs between these terms and conditions and this
AGREEMENT, these terms and conditions are controlling.
8.2 In the event that any one or more of the provisions contained in this
AGREEMENT are for any reason held invalid, illegal or unenforceable in
any respect, the remaining terms will be in full effect and this
AGREEMENT 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 JANUARY, 1998)
PAGE 4 OF 5
8.3 Neither party will assign this AGREEMENT without the express written
approval of the other, but "LAB" may subcontract laboratory procedures as
"LAB" deems necessary to meet the obligations of this AGREEMENT.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 5 OF 5
CITY OF CORPUS CHRISTI
~ DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applipble, answer with'NA'.
FlRM NAME: !r~-Ic~/W Ott-!}isu" .
sTREEr: ~> c ~ L ~ fti! 8 .kti 5.4 Ra, cmr: f.0 ~4 C~1 ~v ~" ZIP: 1 ~ `1l b
FlRM is: 1. Carporatiorf~J 2. Parthership o 3. Sole Owner o 4. Assoaation o
5. Other v
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet
1. State the names of each "employee" of ttre City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm".
Name ,
~/~
2. State the names of each "official" of the City of Corpus Christi having an "ownership irderest" constituting 3% or
more of the ownership in the above named "firm".
Name ~ ~~ Title
3. Shale the names of each "board member" of the City of Corpus Christi having an "ownership interest' constituting
3% or more of the ownership in the above named "firm".
Name JJ Boarl, Commission or Committee
WI~
4. State the names of each employee or otTieer of a "consultant" for the City of Corpus.Christi who worked on any
matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the
ownership in fhe above named "firm°.
Name Consultant
/~-
c172TIFIt;.ATE
Job Title and City Department (rf known)
I certify that all information provided is true and correct as of the date of this sTatemettt, that I have not knowingly
wdhheld dsdosure of arty uifomiation requested; and that supplemental slatemerds wall be promptly submitted to the Cily
of Corpus Christi, Texas as changes occur.
Certifying
lL~tY L r A 5~'1ti ~`
or Prirrt)
Signature of Certdying
Date: 7 Z /~Od