HomeMy WebLinkAboutC2016-455 - 9/6/2016 - NA CITY OF CORPUS CHRISTI
AMENDMENT NO.1
for
Geotechnical Services
The City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY") and RABA KISTNER
CONSULTANTS, INC., a Texas corporation or partnership ("LAB") agree to the following amendment to the agreement
for Geotechnical Services for Park Road 22 Bridge(Project No.6281).
Original Contract October 11,2011 Motion No. M2011-224 $59,850.00
1. In the Original Contract, Exhibit A, Section I. Scope of Services shall be amended as set forth in the attached
Amendment No. 1, Exhibit A.
2. In the Original Contract, Exhibit B, Terms and Conditions shall be amended as set forth in the attached
Amendment No. 1, Exhibit B. The Consultant agrees to provide the City with a copy of the Certificate of Insurance for the
required insurance shown in Article VIII of Exhibit B.
3. In the Original Contract, Section III shall be amended based on the modified scope of services in the attached
Amendment No. 1, Exhibit A for a total fee not to exceed$22,050.00.
1
All other terms and conditions of the original agreement for Geotechnical Services between the City and Consultant, and
of any amendments to that contract,which are not specifically addressed herein shall remain in full force and effect.
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Exe ive Direct, o Pu•li• orks Associate
800 East Hackberry
McAllen, TX 78501
RECOMMENDED (956)682-5332 Office
(956)682-5487 Fax
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Operating Departent(1 (Date)
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Assistant City Attorney (Date)
APP VED Project Number 6281
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_ i I(./l/P Accounting Unit 3544-051
( Account 550920
Office of Management (Date) Activity 170062013544EXP
and Budget Account Category 50920
Fund Name Street 2007 GO
2016-455
9/06/16 DARK ROAD 22 BRIDGEIRABA KISTNERIAMENDMENT 1116 0720 TESTING AMENDMENT WITH OLD ORIGINAL.DOC
Rev.07116
Raba Kistner Consultants Inc.
INDEXED
EXHIBIT A
Scope of Services and Fee Schedule
K:\ENGINEERING DATAEXCHANGE ANGIEM\STREE P6281 PARK ROAD 22 BRIDGE\RABA KISTNER\AMENDMENT 1\16 0728 TESTING AMENDMENT WITH OLD ORIGINAL.DOC
Rev.07/16
•
RABA
KISTNER
CONSULTANTS
Proposal No. PCA11-010-00b(Revised-2) Raba Kistner
June 16,2016 Consultants,Inc.
800 E. Hackberry
McAllen,TX 78501
www.rkci.com
AMENDED AGREEMENT FORM—II (REVISED - 2)
P 956.682.5332
F 956.682.5487
TBPE Firm F-3257
TBPLS Firm 10193784
AS AN ADDITION TO THE FOLLOWING AGREEMENTS:
Project Name: Park Road 22 Bridge Project
Along South Padre Island Drive
Approximately 3,000 ft South of its Intersection of
Commodores Drive
Corpus Christi, Nueces County,Texas
City of Corpus Christi Project No. 6281
The executed contract between the City of Corpus Christi (CLIENT) and Raba Kistner
Consultants, Inc. (RKCI)titled "Agreement for Geotechnical Services", dated November 3, 2011.
Amended Agreement Form (RKCI Proposal No. PCA11-010-00a,dated November 22, 2013)
WE HEREBY AUTHORIZE RKCI TO PERFORM THE FOLLOWING ADDITIONAL SERVICE(S):
The original of this proposal was revised, based on the written request received by our office via
electronic-mail attachment from Mr. Chris Hale, P.E., Project Manager, with the City of Corpus Christi on
Wednesday,June 15, 2016, in order to incorporate a change in the CLIENT contact information, as well as
to update our project fee to reflect 2016 rates.
On the basis of the new project information provided to us via electronic-mail transmittal on January 8,
2015, by Mr. Pete Boet, P.E., with TEG Enginee`1u, LLC, the project's structural engineering firm, we have
been asked to rerun the L-Pile analyses performed for the above-referenced project site. In addition,
based on the additional project information provided to us via electronic-mail transmittal on January 8,
2015, by Mr. Todd Stelma, P.E., with the project's structural engineering firm, we understand that the
implementation of the geofoam material alternative that we had recommended in our supplemental
letters dated August 12, 2013 and September 20, 2013 will no longer be considered as lightweight fill
material for embankment construction at the above-reference project site (RKCI Project No. ACA11-007-
00).
Further,on the basis of our telephone conversation held with the design team on Monday, March 2,2015,
we understand that ground improvement (i.e. vibro-compaction,vibro-Replacement, deep soil mixing,jet
grouting, or other) are being considered for the proposed bridge structure. On the basis of our discussion
with a specialty ground improvement contractor, we understand that consolidation testing would be
beneficial in providing additional information for the ground improvement evaluation. The additional
services for this amended agreement are separated under two tasks:
O:\Closed Projects\McAllen\2011\ACAWCA11-007-00 Park Road 22\Proposal\ACA11-007-00 Amended Agreement Form •-1AMD, NO. 1
REVISED-2.docx EXHIBIT"A"
San Antonio • Austin • Brownsville • Dallas • El Paso • Houston • McAllen • Mexico • New Braunfels•Sal •- • - 1 of 2
•
Proposal No. PCA11-010-00b(Revised -2) 2
June 16, 2016
• Task I of this amended agreement reflects the fee of the additional engineering time required to
re-evaluate the project details and to provide recommendations for ground improvement
alternatives. Under this task, RKCI will re-issue the final report and assist in providing performance
requirements for the selected ground improvement option.
• Task II of this amended agreement includes drilling a single boring within the proposed bridge
structure footprint to obtain additional soil samples for two laboratory consolidation tests. The
boring will extend to a maximum depth of approximately 70 ft. below the existing ground surface
elevation. The results of this boring and supplemental testing will be included in the geotechnical
engineering report. If selected, the laboratory testing will be performed in general accordance
with applicable ASTM standards.
ADDITIONAL LUMP SUM COST FOR TASK I: $ 13,350.00
TASK II: $ 8,700.00
Our invoices are due and payable upon receipt at P.O. Box 971037, Dallas, Texas 75397-1037. All parties
hereby agree that this contract upon acceptance will be performable in Bexar County,Texas. Our services
will be performed in accordance with this letter agreement and the previously executed agreements
referenced above.
Please indicate to us which tasks you authorize and sign, date, and return one signed original of this
document to provide written confirmation of your authorization for our firm to commence work on the
specific services outlined herein.
TASK I TASK II
SIGNATURE: X DATE:
PRINTED NAME: Mr.Chris Hale, P.E., Project Manager
COMPANY NAME: City of Corpus Christi—Engineering Services
COMPANY ADDRESS: 1201 Leopard Street
CITY,STATE,ZIP: Corpus Christi,Texas 78401-2825
PHONE NUMBER: (361)826-3500 x3807 FAX NUMBER: Not Provided
E-MAIL: ChrisH3@cctexas.com
RABA KISTNER CONSULTANTS INC.
•
Katrin M. Leonard, P.E. 't" Eric J. Neuner, P.E.
Associate Manager,San Antonio Engineering
KML/EJN
Copies Submitted: Above (2) EXHIBIT AMD. NOA
Page 2 of 2
RABAKISTNER
. I
EXHIBIT B
TERMS AND CONDITIONS TO TESTING 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 supervision of a licensed professional engineer and in compliance with the
basic requirements of the appropriate standards of the American Society for Testing and Materials, where
applicable, and 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 designee 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 designee 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.
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 stored.
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 designee has authority to transmit
instructions, receive information and data and/or 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.
2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to:
(a) Stop 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;
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(c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test
specimens that 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 or authorities with regard to the Project that, 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 for 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 its 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 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. Lab will retain
the samples for a period of 60 days following the date of submission of any report related to the sample. Following
the retention period, Lab will 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 not be responsible for
the interpretation or use by others of data developed by Lab.
ARTICLE 6. INDEMNIFICATION
Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, or other entity, excluding the engineer or architect or that
person's agent, employee or subconsultant, over which the City exercises control
("Indemnitee") from and against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and court costs, to the extent that the damage is caused by or
results from an act of negligence, intentional tort, intellectual property infringement or failure
to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or
another entity over which Lab exercises control while in the exercise of rights or performance
of the duties under this agreement. This indemnification does not apply to any liability
resulting from the negligent acts or omissions of the City or its employees, to the extent of
such negligence.
Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against
any and all claims, damages, liabilities or costs, including reasonable attorney fees and court
costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
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breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's
fees in proportion to the Lab's liability.
Lab must advise City in writing within 24 hours of any claim or demand against City or Lab
known to Lab related to or arising out of Lab's activities under this Agreement.
ARTICLE 7. INVOICES AND PAYMENT
7.1 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.
7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.
ARTICLE 8. INSURANCE REQUIREMENTS
8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such
insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all
similar insurance required of any subcontractor has been obtained.
8.2 Lab must furnish to the Director of Engineering Services with the signed agreement(or amendment) a copy of the
Certificate(s) of Insurance (COI)with applicable policy endorsements showing the following minimum coverage by
an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or number must be
listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation required Bodily Injury and Property Damage
on all certificates or by applicable policy Per occurrence- aggregate
endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) If claims made policy, retro date must be prior
to inception of agreement, have extended
reporting period provisions and identify any
limitations regarding who is insured.
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8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports
of any accidents within 10 days of the accident.
8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at
Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted
to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to
provide City with renewal Certificates.
8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be
endorsed to contain the following required provisions:
(a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception of the professional liability/Errors &
Omissions policy;
(b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy; and
(c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or
non-renewal and not less than ten (10) calendar days advance written notice for nonpayment of premium.
8.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Lab shall provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend
Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to
maintain the required insurance shall constitute a material breach of this contract.
8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or
policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to
remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until
Lab demonstrates compliance with the requirements hereof.
8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held
responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's
performance of the work covered under this agreement.
8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or
self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement.
8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation
contained in this agreement.
ARTICLE 9. TERMINATION OF AGREEMENT
The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the
address of record. Lab will be compensated for services performed up to termination.
ARTICLE 10. CONTROLLING LAW
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This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal
proceedings lie exclusively in Nueces County, Texas.
ARTICLE 11. DISCLOSURE OF INTERESTS
11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests
form as part of this Agreement, if required.
11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate
of Interested Parties as part of this Agreement, if required. For more information, please review the information
on the Texas Ethics Commission website at https://www.ethics.state.tx.us.
11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of
Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a
Form CIO, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-
secretary/conflict-disclosure/index.
ARTICLE 12. CLAIMS
12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative.
The responsibility to substantiate a claim rests with the party making the claim.
12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement
negotiations for purposes of applicable rules of evidence.
ARTICLE 13. EXTENT OF AGREEMENT
13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between
City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement
may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any
conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and
Conditions are controlling.
13.2 In the event that any one or more 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.
13.3 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.
ARTICLE 14. 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 on 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, 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.
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