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
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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
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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.