HomeMy WebLinkAboutC2010-374 - 9/28/2010 - ApprovedAMENDMENT N0.3
to
Cons#ruction Materials Engineering Laboratory's
Inspection and Ma#eriais 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"}, which pertormed services as follows:
Ori inai Contract March 9, 2009 Administrative royal $17 975.00
Amendment Na. 1 October 26, 2010 Administrative A royal $15,000.00
Amendment No. 2 Februa 25, 2010 Administrative A royal $15,000.00
1. DECLARATIONS: "CITY" engaged "LAB" to provide services in connection with City's
project, described as follows: ADA Accessibilit Ram salon Sta les Street firom Leo and Street to
Six Paints -Construction Materials Testins~ ("PROJECT'}.
2. SCOPE OF WORK: "LAB" provided services for the PROJECT in accordance with the
accompanying 5cape of Services and Fee Schedule attached as "Exhibit A".
3. FEE: The "CITY" desires to pay the "LAB" for services provided in accordance with Exhibit
"A", Scope of Services and Fee Schedule under this AGREEMENT, an additional fee not to exceed
$19,986.42 iNineteen Thousand Nine Hundred Eiohty-Six Dollars and„ Forty„-Two Centsl, for a total
restated fee of $67.961.42 (Sixty-Seven Thousand Nine Hundred Sixty-One Dollars and Forty-Two
Cents .
4. INDEMNITY AND INSURANCE: "LAB" agrees to the mandatory contract
indemnification and insurance requirements as set forth in Exhibit "B".
CITY O CORPU CHRISTI
~ r~ `® l~
Juan Pera s, Jr., P.E. Date
Assistant ity Manager
RECOMMEND D
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Pete Anaya, P.E. Date
Director of Engineering Services
KLEINFIE=LDER
ad AlTurk, P.E. Date
Vice President
5002 Ambassador Row
Corpus Christi, TX 78416
{361) 854-4774 -Office; {361) 854-4924 -Fax
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BY COt1NiCIL.. ~~ ~
APPROVED AS TO FORM SECR 'TED
v a~~ 0 9 2010
Ass taut City Attorney Da a ~QNTRACT MANAGERS'
Al'T~ST.
Ai~{NAt~O CI~iPA .
CITY v
Project Number: 6300
Funding Source: 55 2Q~544-00000-170065
2010-374 AMD. N0.3
M2010-228 Pa e 1 of 1
Q9'2~' 1 n Sidewalk ACGessil7ility Improvemenl9 along Staples Street from Leopard to Six PainlSlTesting (Kleinfelder}lAmend~nenl No. 3
Kleinfelder I~~~y1~~
5002 Ambassador Row
Carpus Christi, TX 7841G
KLEINFELOER !1361.854.4 24
BrightPeople. Right Solutions, wtinv.lttcinfelder.cam
~~
Subject: ADA Accessibility Ramps -Staples Street from Leopard to Six Points
City project Na. fi300
Contract Amendment No. 3 to the testing contract with Kieinfelder in the amount of
$~ 9,987.Q0 for a total restated fee of $67,962.00 for ADA Accessibility Ramps -- Staples
Street from Leopard Street to Six Points far additional testing.
Issue: The project plans and specifications did not state testing frequencies. Kieinfelder
contacted the city's consultant, MGM to clarify this and testing frequency of one test per
block was agreed on. This frequency was used to establish the original testing budget.
During construction the contractor's actual wank sequence did not match the original
work schedule provided to the city and relied upon by Kieinfelder for estimating
necessary testing quantities. The non-contingent sequence of construction caused the
city Inspection department to decided that additional testing was warranted. The city
inspection department instructed the MGM representative to increase the amount of
testing. This increase caused the original testing contract estimate to be exceeded.
Also included in this change order request is $3,684.45 of retesting charges far which
the City will back charge the contractor.
SERVICES UANTITY UNIT FEE TOTAL
Field Professional -Concrete 98 hours $49.00 $4,802.00
Field Professional -Soils 124 hours $49.00 ~ $6,075.00
Soils over time 3.5 hours $73.50 $257.25
Concrete C lindens 153 ~2i.00 ea $3,213.00
Nuclear Densi Test 169 X26.00 ea $4,394.00
Vehicle Tri Cha a 108 $37.00 ea $3,996.00
Pro'ect Mana ementlAdministration $2,273.82
Total $25,012.07
Less Credit for miss lied char es ($4,03$.65}
Less un aid balance on a roved bud et ($1,427.00
Ad'usted total $19,546.42
Plus additional monies for ro'ect closeout if needed $440.00
Ad'usted than a order total $19,987.00
Kieinfelder Central, Inc.
Jerry I. Lipstreu, S.E.T.
Area Manager
lXHIBI7 "A"
Pa e 1 of 1
EXH1BiT B
MANDATARY INSURANCE REQUIRMENTS
(Revised July 2009)
CONSULTANT LIABILITY INSURANCE
A. The Consultant shall not commence work under this Agreement until helshe has obtained all insurance
required herein and such insurance has been approved by the City. Nor shall the Consultant allow any
subconsultant to commence work until all similar insurance required of the subconsultant has been so
obtained.
B. The Consultant shall furnish two {2} copies of certificates, with the City named as an additional insured,
showing the following minimum coverage in an insurance company acceptable to the City.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily Injury and Property Damage
certificates
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Farm
2. Premises -Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products) Completed Operations Hazard
6. Contractuallnsurance
7. Broad Form Property Damage
8. Independent Consultants
9. Persanallnjury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS=
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY
$1oa,ooo
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITYI $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & acciden#al discharge; #o include [ ] REQUIRED
long-tern environmental impact for the disposal of [X] NOT REQUIRED
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental Insurance
Requirements
[ ]REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER $100,000 Combined Single Limit
See Section B-6-11 and Supplemental Insurance
Requirements
[ ] REQUIRED [X] NOT REQUIRED
C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such
accidents at the same time that the reports are forwarded #o any other interest parties.
FJCHIBIT "B"
Insurance Requirements
Pa e 1 of 2
Il. INDEMNIFICATION AND HOLD HARMLESS
A. 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 hold it and them harmless from
any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and
reasonable a#torneys' fees, for or on account of any injury to any person, or any dea#h at any time
resulting from such injury, or any damage to any property, to 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 by the sole or concurrent negligence
of the City of Corpus Christi, its officers, agents, servants, or employees or any other person
indemnified hereunder.
B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance
company or through Self-insurance obtained in accordance with Texas law. If such coverage is obtained
through a licensed insurance company, #hen the contract for coverage shall be written on a policy and
endorsements approved by the Texas State Board of Insurance.
If such coverage is provided through self-insurance, then within ten {10) calendar days after the date the
City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a
copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter,
signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not
the subject of any revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of
authority to self-insure is revoked or is made the subject of any proceeding which could result in
revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to
the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of
Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 -Attention: Contract Administrator.
Whe#her workers' compensation insurance coverage is provided through a licensed insurance company
or through self-insurance, the coverage provided must be in an amount sufficien# to assure that all
workers' compensation obligations incurred by the Consultant will be promptly rrtet.
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III. On the certificate of insurance:
• The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for
workers' compensation coverage.
• Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom
right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting
the words "endeavor to" and the wording after "left". If the cancella#ion clause is not amended in the
ACORD form, then endorsements shall be submitted.
• The name of the project also needs to be listed under "description of operations".
• At least '!0-day written notice of change or cancellation will be required.
IV. A completed Disclosure of Interest must be submitted with your proposal.
EXHIBIT "13"
Insurance Requirements
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/ ~•
SUPPLIER NUMBER
~~ TO BE ASSIGNED BY ~IT~
PURCHASING pNISION
ir..~:.
City of CITY OF CORPUS CHRISTI
c°~"s DISCLOSURE OF INTEREST
Chrlsti
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 questlon must be answered.
If the question is not a~~licable, answer with `NA". See reverse side for Filing Requirements,
Certifications and defimtlons.
COMPANY NAME: Kleinfelder
P. O. BOX:
STREET ADDRESS: 5002 Ambassador Row
CITY: Coruus Christi
FIRM IS: 1. Corporation ® 2. Partnership e
4. Association 5. Other
ZIP: 7841G
3. Sole Owner ^
DISCLOSURE QUESTIONS
If additional space is necessar=y, please use the reverse side of this pa e.or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Chrlsti having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm.'
Name Joh Title and City
Department (if known)
NIA
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
NIA
3. State 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 Board, Commission or
Committee
N/A
4. State the names of each employee or officer 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 the above named "firm."
Name Consultant
NIA
EXHIBIT "C"
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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 in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance 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 Carpus Christt, Texas as changes occur.
Certifying Person: Emad AlTurk, P.E. Title: Vice President
('type or Prlnt) n
Signature of Certifying ~ ~( ~ ~~~
DEFINITIONS
Date: N} 1 s / ~ o
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi, Texas.
b. "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 Corpus Christi, Texas either on a foil or
part-time basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or 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 for purposes of taxation are treated as non-profit organizations.
e. "Official." Tht; Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held,
in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting trusts,
proxies, or special terms of venture or partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
EXHIBIT "C"
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