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.