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HomeMy WebLinkAboutC2010-192 - 6/14/2010 - NA.r AMENDMENT No,2 -AGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services 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 authorized representative who is J~-,u s,~,_ L.o~iuf~~V , lI~e',,,,~ts~,~-,fir (Name} {Title}, which agree as follows: 1. DECLARATIONS "CITY" desires tv engage "LAB" to provide services in connection with City's project, described as follows: Cefe Val uela Landfill Sector 4A and 4B Construction Materials Testing, Inspection,:-.. Labvratvey~_ QAlQC, SLERIGLERIBER Documentation ~Proiect, No,, 5225] "PROJECT". 2. 5COPE 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 tv AGREEMENT attached as "Exhibit B". 3. FEE The "CITY" agrees to pay the "LAB" far services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, an additivna! total fee not to exceed $2 50D.a4 {in figures}, (Two Thousand Five Hundred and nolxx dollars {in wards} for a restated not to exceed total fee of $~79,966.ag. 4. CITY'S DI5CL05klRE OF HAZARDOUS ~ TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. Tv the best of the City's knowledge, 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 "CITY" acknowledges and confirms that "LAB" is relying upon the above warranty in undertaking to perform the services described in this AGREEMENT. CITY OF CORP 5 CHRISTI By. C~- /~ ~ .y ~~ Johnny erales, P.E. {Date) Assistant City Manager ATTEST: ~ ~ Y~~ Armando C apa, City Secret (Date} APPROV A5 O FOR ~~a r En in ring ices {Da e) Legal Depa meet {Date} 554920-33~-OOfl00-74a3~7 w ~~ ~ ~!- n rYU f 0~+ 2U10-192 LAB: By. 6~ {SIGNATU } {Date} 5062 Ambassador Row {Address} Corpus Christi, TX 78469 {CitylStatelZip} 36'1-854-4774 Fax: 361-854-4924 {PhanelFax No.} Page 1 of 1 4611411U Kleiinfelder INDEXED f \ FCLEINFELDER ~ 8~rghtPevple.lzlyhr5olutrvns. Apri19, 201[1 Mr. Kevin Stowers City of Corpus Christi Department of Engineering P.Q. Box 9277 Carpus Christi, Texas 78459-9277 Subject: Materials Testing Services Cefe Valenxuela Cells 4A 8r. 4E City Project No. 5225 Carpus Christi, Texas Dear Mr•. Stowers: 50U2 Antbassndar Raw Corpus Christi, Tx 78A16 p~ 381.854.47T4 ~ 3P1.854.A824 ~nnv, klci nfcldrr. cam 1Cleinfelder has been providing materials testing services for the above referenced project. We anticipate that the original Kleinfelder cost estimate will be exceeded. We are requesting an increase to our budget as show below. t7riginal contract cost - $277,166 Additional cast estimate ~, $2,500 New Total project estimate - $279,966 Your response to this request is appreciated. If you have any questions please feel free to contact us. Sincerely, KLEINFELDER CENTRAL, WC. ]erry Lipstreu Area Manager Exhibit A Pa e 1 of 1 ExHIBIT "B" TERMS AN^ CDN~ITIDNS TD AGREEMENT ARTICLE 1. 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 insubstantial 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 PRDJEGT 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", ar his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes tv use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports tv be confidential, and distribute reports only to those persons, organizations yr agencies specifically designated in writing by the "CITY ENGINEER". 1.5 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. 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". TERMS AND CQNDITIQNS TD AGREEMENT {REVISED JANUARY, 199$] PACE 1 0~ 4 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and tv all shops or yards where materials are prepared ^r stored. 2.3 Designate in writing those persons yr firms which will act as the "CITY's" representative with respect tv "LAB'S" services tv be performed under this AGREEMENT and which must be prvmptfy notified by "LAB" when it appears that materials tested yr inspected are in non-compliance. Only the "CITY ENGINEER" or his designated representative have authority tv 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 ^perations sa 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 PRGJECT cvntractvr, either by the Construction Contract or direct written order to: {a} 5tvp work at the appropriate times far "LAB" to perform contracted services; {b} Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and tv 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. 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 yr authorities with regard tv THE PROJECT which, by custom ar contract, are vested in THE PROJECT architects, design engineers, yr any other design agencies or authorities. 3.2 "LAB" is not authorized tv supervise, alter, relax, enlarge yr release any requirement of THE PRGJECT specifications ar other contract documents nor to approve yr accept any portion of the work. "LAB" does not have the right of rejection yr the right tv stop the work. "CITY ENGINEER" will direct THE PRGJECT cvntractvr to stop work at appropriate times far "LAB" tv conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. TERMS AND CaNDITIoNS Td AeREEMENT {REVISED JANUARY, 1998} PA~E2oF4 ARTICLE 4. FIELD M~NITQRING AND TESTING 4. ~ "CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" als^ 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 PRGJECT 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" ar 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" tv 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". "1x48" will retain the samples for a period of fi4 days following the date of submission of any report related to the sample. Following the retention period, "LA6"will dispose vfnnn-hazardous samples, and return hazardous, acutely toxic, yr radioactive samples and samples containers and residues tv "CITY". "CITY" agrees to accep# such samples and samples containers. 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 ^rdinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. Nv other warranty either expressed ar implied is made or intended by the AGREEMENT yr any reports. "LAB" wi11 not be responsible for the interpretation or use by ethers 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 vn THE PROJECT, including safety of all persons and property during the performance 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, tv include any review af, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, ^n, or near THE PROJECT site. TERMS AND CONaITIONS TQ AGREEMENT (REVISED JANUARY, 1 S98} PAGE 3 ^F 4 ARTICLE T. INVOICES AND PAYMENT "LA6"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 GF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes al! 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 ^ne or mare 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. 8.3 Neither par#y will assign this AGREEMENT without the express written approval of the ether, but "LAB" may subcontract laboratory procedures as "LAg" deems necessary to meet the obligations of this AGREEMENT. TERMS AND CONDITIONS TQ AGREEMENT REVISED .1ANUARY, 'I 998} PAGE 4 of 4 Exhibit C Mandatary Requirements INCEMNIFICATI~N AND HOL^ HARMLESS Lab agrees to indemnify, save harmless and defend the City of Corpus Christi, and its officers, agents, servants and employees, and each of them against and held it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable 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 to any property, #a the extent caused by Lab's negligent or alleged negligent performance of services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused t}y the sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, ar employees, or any other person indemnified hereunder. SUPP[.IER NUiviBirR Ta BE A55~GT~IEd 8Y C1T~ PURCHASING D[V151QN rrrti. Cary of CITY OF CORPI]S CHRISTI Corpus DISCL(]SURE ~F INTEREST Chr~sli City of Corpus Christi Ordinance 1'1112, as amended, requires all persons or firms seeking to do business with the City to provide fire following information. livery uestion must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and defin~tians. COMPANY NAME: ~ ~~+ n ~~~~.~ ~~m t ~~ ~ P. O. SOX: STREET ADDRESS: ~~ ~jnj~5~~,~',~~ CITY; ~'-~A~~~[..:!t-',~• ZIP: ~~I F1EZM 1S: 1. Corporation 2. Partnership 3. Sole Owner ^ 4. AssocEatian 5. Other UISCLOSllRE QUESTIONS if additional space is necessary, please use the reverse side of this paga or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3°/° or more of the ownership in the above named "firm,' Name Job Title and City Department (if known} 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°/o nr mare of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Cor~us 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 the above named "firm." Name Consultant FILING REQUIREMENTS if a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee m the matter is appparent. The disclosure shall also be rnade in a signed writing filed with the City Secretary. [Etlires Drdrnance Section 2-349 (d}] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ~~NN 5 . L~ y~~y ^ Title: ~e~ ~ ~~~Er1I J - - {Type or Prin[} Signature of Certifying Date: Person: ~~b~ic7 DEFINITIQNS a. "Board member." A member of any board, commission, or committee appointed by the City Council ^f the City of Corpus Christi, Texas. la. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Carpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated far economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product ^r service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which far purposes of taxation are treated as non-profit arganixations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and ^ivision Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership lnterest." Legal ^r equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or balding entity. "Constructively held" refers to holdings ^r control established through voting trusts, proxies, or special terms of venture or partnership agreernents." g. "Consultant." Any person ^r firm, such as engineers and architects, hired by the City ^f Corpus Christi for the purpose of professional consultation and recommendation.