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HomeMy WebLinkAboutC2011-010 - 1/18/2011 - Approved,, AMENDMENT Nd:`R-AGREEMENT for Engineering Labora#ory Material Testing & Inspection This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager ar designee ("City Engineer"), and Professional Service Industries Inc. PSI , a Texas,~orparation or partnership, "LAB", acting through its duly authorized representative who is ~~Name) x~e.~-~lAlYO~~rt° (Title), which agree as follows: 9. DECLARATIONS. "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Corpus Christi International Airport Airfield EAUipment & Maintenance Facilty - Proiect No, 10028 "PROJECT". 2. SCORE OF WORK. "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A", 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 fee not to exceed $9,842.77 (in figures), (Nine Thousand Eight Hundred Forty Two and 771xx dollars (in wards) for a restated total not to exceed fee of ~4;3#8-~ ~~j ~~ .-7~ ~~ 4. INDEMNIFICATION AND HOLD HARMLESS. CONSULTANT MUST INDEMNIFY AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI AND AGRI=ES TO THE INDEMNIFICATION AND HOLD HARMLESS PROVISIONS ATTACHED AS EXHIBIT C, 5. 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 CITY OF CORPU CHRISTI r By: ` ~~ ~~ Juan Perales P.E. {Date) Assistant City Manager {uate~ 810 South Padre Island Drive {Address) Corpus_Chrsti,_TX 78416 (CitylStatelZip} 361-854-4801 Fax: 361-854-6049 {PhonelFax No.) Operating Department -{Date'} Project No.. 10028 Funding Source:,,550920-3020-D0000-101071 X9,350.64 550920-3020A-00000-101071 492.13 _Encumbrance Authorization: 2D11-010 M2D11-018 011i8I11 Professional Service Industries ~ ~~ Page 1 of i ~ ~ ~.: ,.tom ..~,. leltlTHDRIZEI~ >>Ir COIf~'CiL ...,.~ ~~ .~„~~ „- ~~cr~~~~r ,~. ~~~~~~ In~ornuitivn To wild On Engine~riri9 • Consuiffng • Tesring September 13, 2010 Victor Gonzalez Airport Operations Specialist City of Corpus Christi Aviation Department 1000 International Drive Corpus Christi, Texas 78406 Subject: Request for Increase in Project Budget Airfield Equipment & Maintenance Facility City Project #10028 Carpus Christi, Texas PSI 325116 Dear Mr. Gonzalez, To date, PSI's contract to provide construction materials testing services to the City Of Corpus Christi on City Project #10028 -Airfield Equipment and Maintenance Facility is over the budget. Total cost as of August 31, 2010 is $ 53,149.77. This is $ 9,842.77 over.the contract amount of $43,306.00. Costs have exceeded the.contract amount due to the following reasons: • Cancelation of testing after PSI Engineering Technician arrived on site, • Retests of failed tests on subgrade, • Retests of failed tests on fill materials, and • Additional Moisture-Density Relation tests (Proctors), Costs associated with cancelations, retest and additions! soils testing is $5,405.40. Invoices highlighting dates and costs associated with cancelations, retest and addition soils testing have been provided. Based on a review of the remaining work on the project, PSI estimates that an additional $1,200.00 over the current over budget amount for a total of $9,842.77 wil! be .required to complete the project. As a result, PSI requests that the contract amount be increase to $54, 348.77. You may contact me at 361-854-4805 or by email at Peter.GonzalesCc~psiusa.com if you have any questions. Respectfully Submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. rr. ~, ~_ - S. Peter Gonzales, P.E. Branch Manager Exhibit A Pa e 1 of 1 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 'l. 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 (printed and electronic copies) 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. 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 far 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 stared. 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. EXHIBIT "B" Pa e 1 of 3 2.5 pirect THE PROJECT contractor, either by the Construe#ion Contract or direct written order to: (a) Stap 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 an THE PROJECT site prior to, during, and up to 6fl days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, doss oat 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 far "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" ar 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 fi0 days following the date of submission of any report related to the sample. Following the retention period, "LAS" wiA 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. 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 no# 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 #or working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for EXHIBIT "B" Pa e2af3 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 01= 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 ar 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 ar unenforceable in any respect, the remaining terms will be in ful! effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. Na waiver of any default will be a waiver of any future default. 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. EXHIBIT "B" Pa e3of3 ,: e ' ~ Exhibit C' ' Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Lab agrees to indemnify, save harmless and defend the City of Corpus Christi, and its 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 attorneys' fees, far or on account of any injury to any person, ar any death at any time resulting from such injury, ar any damage to any property, which may arise or which may be alleged to have arisen au# of or in connection with the work 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 agents, servants, or employees or any other person indemnified hereunder. e ,. " ~ R SUPPLI);R NUMBER ` ~~ TO BE ASSIGNED B'Y CiT~ PURCHASING D1ViSlON r..~..~ Co us ci ~or DISCLOSURE OF INTEREST Chnsti. City of Corpus Christi Ordinance 17112, as amended, reduires all persons or firms seeking to do business with the Clty to provide the followin~ information. Every qquestion must be answered. Yf the question is not a~~hcabie, answer with `NA". See reverse side far Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. SOX: STREET ADDRESS: ~~ ~~ ~ ~ CITY: ~~ ~ ZIP: `]~~j~ FIRM IS: I . Corporation [~ 2. Partnership ^ 3. Sole Owner ^ 4. Association L,J 5. Other DISCL05URE QUESTIONS Tf additional space is necessary, 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 Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Department (if known) Job Title and City 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 Carpus Christi having an "ownership interest" constituting 3% or more of the ownership m the above Warned "firm." Name Committee Board, Commission or 4. Statc 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 ~. FILING REQiTIltEMENTS 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 erriployee that is distinguishable ftom the effect that the action will have an members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, emplo ee or body that has been requested to act in the matter, unless the interest of the City of~cial 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 Christi, Texas as changes occur. Certifying Person: •~ni~ ~, ~°, Title; (Type or Pant Signature of Certifying Date: ~~ Person: ~ ~~ DEFINITIONS 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 full 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." The 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 Carpus Christi far the purpose of professional consultation and recommendation.