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HomeMy WebLinkAboutC2005-008 - 1/11/2005 - Approved 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 (Name) ,~.D~ //~/..~,.z./~,c. (Title), which agree as follows: 1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: J. C. Elliott Landfill Final Cover System - 13.5 Acres (Phase 3) PROJECT". 2. SCOPE 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 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, a total fee not to exceed $90,773.00 (in figures), (Ninety Thousand Seven Hundred Seventy Three and no/xx dollars (in words). 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE. PROJECT SITE. "CITY" warrants to "LAB" that to the best of its 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 Ronald F. Massey, (~ (Date) Assistant City Manager/ Armando Chapa, City Secretary (Date) .4~O~VED AS TO FORM: 2005-008 01/11/05 M2005-007 Kleinfelder By: / - 7-¢j' (SIG (Date) P.O. Box 4293 Corpus Christi, TX 78469 361-854-4774 Fax: 361-854-4924 Page 1 of 1 (Revised January 1998) ~ KLEINFELDER December 13, 2004 Mr. Kevin Stowers Engineering Department City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Relbrence: J.C. Elliott Landfill - Phase III 13.5 Acre Final Cover System Corpus Christi, Texas Proposal No. 630YPE119 Dear Mr. Stowers: It is my pleasure to present to you this proposal to perform Quality Control Testing and FCSER documentation for the Phase III 13.5 Acre Final Cover System at J.C. Eltiott Landfill. Details of our proposed scope of services and the prices of our work are discussed in Section 1 and Section 2. This proposal is based upon our discussions with Lawrence Mikolajczyk, Assistant Dixector of Solid Waste Services, Jon Reinhard, P E. of Shiner Moseley and Associates, Inc. and the specifications for the previously constructed final cover systems (Phases I and II). We look forward to working with you on this project. Please feel free to call on me when I can be of service to you. Sincerely, Kleinfelder An Employee Owned Company Don R. Rokohl, P.E. Senior Geotechnical Engineer Jerry Lipstreu, S.E.T. Area Manager I Exhibit A Pac~e 1 of 4 630YPE 119/CCH4P 119 Copyright 2004, Kleinfclder KLEI NFELDER 5002 Ambassador Row, Corpus Christi, TX 78416 (t61) 854 4774 ('t6l) 854 4924 fax Workscope Description J. C. Elliott Landfill 13.5 Acre Final Cover System FCSER Corpus Christi, Texas General: The City of Corpus Christi proposes to close 13.5 acres of the Southern extension of the J.C. Elliott Landfill located east of the previously closed 38.65 acres (Phases I and II'). The cover system for this particular closure will contain a GCL liner, 4!) mil LLDPE geomembrane, an 18" protective cover layer and a 7"erosion layer. In accordance with Texas Commission on Environmental Quality (TCEQ) regulations and guidelines, certain tests and inspections must be made during the liner construction to verify the quality of liner construction and to allow the project engineer to complete the required documentation. The work described herein is our estimate of the number of tests and personnel time required to complete the quality control testing and FCSER documentation. We have been advised that the cover system will be constructed as follows: Top GCL 40-mil LLDPE Geomembrane 18 inches Protective Cover 7 inches Erosion Layer Side Slope GCL 40-mil LLDPE Geomembrane Drainage Geocomposite 18 inches - Prolective Cover 7 inches Erosion Layer Field Services: Kleinfelder will provide membrane specialist technicians on a full-time basis during constmction of the GCL and Geomembrane liner. This will enable the teclmicim3 specialist to observe all phases of the GCL and Geomembrane construction f~om delivery and verification of membrane thickness to the observation and documentation of the field seaming process and pressure testing. The field technician will also view the Contractor's general installation practices in relation to his QC/QA documentation and will secure all field test specimens which must be tested destructively in the laboratory. The field teclmician will also observe the protective cover and erosion layer installation. The field technician will report his observations mad test results to the project Geoteclmical engineer. Photographs will be taken to document each phase of the GCL and Geomembrane installation. The field seams of the 40-mil LLDPE liner will be examined by several field test methods in addition to destructive testing of specimens cut from the field seams at maximum intervals of 500 feet. These field-cut specimens will be shipped to the laboratory where "peel and shear" tests will be conducted. Based on our preliminary estimate of the total job seam length, we have estimated that about 82 tests may be required. This number will vary depending upon the Contractor's specific layout of the seams and the number of retest required. The number of conformance test required for GCL, LLDPE Geomembrane and Geocomposite are estimated and could vary dc'pending upon the number of resin batches. 630YPE 119/CCH4P 119 p.o~,~JJ~320q4'C~J~J~8[isti, T~'xa~ 78469 · (361) 8544774 ' (361) 854~1924 fax ~xhlbR A I P~l~2 of 4 December 13, 2004 Conformance Test GCL Direct Shear 2 Permeability 12 Clay mass/Area 12 Geomembrane 12 Geocomposite 4 13.5 Acre Final Cover Engineering Supervision and FCSER: Kleinfeldeffs management and engineering staff will supervise the field services, vie;v construction procedures, interface with City staff, supervise all laboratory testing and complete the documentation and cover evaluation report. Mr Don R. Rokohl, P.E. will be Project Engineer. Mr. Jerry Lipstreu, S.E.T., Area Manager will provide day to-day coordination with our field technicians. Mr. Don R. Rokohl, P.E. and Mr. Jerry Lipstreu, S.E.T. will be available daily as needed to view general construction operations and witness our field testing services. They will also maintain an on-going file of the test results and other documentation, which will form in part of FCSER. We understand all surveying required for vertical and horizontal control of construction will be provided by a third party. The third party will also furnish tabulations of survey data for thickness verificatior~ of the protective cover and erosion layer The FCSER document will be complete and submitted in triplicate to the TCEQ as soon as possible following completion of the final cover system and all laboratory verification testing. 630YPE119/CCH4P 119 ?.O5'§~212~0q4' 'uKloer~l~-risti, Texa5 78469 · (361)8544774 ' (361)8544924 fax I Exhibit A December 1 , zP~ 3 of 4 FEE SCHEDULE J.C. ELLIOTT LANDFILL 13.5 ACRE FINAL COVER SYSTEM CORPUS CHRISTI, TEXAS Description Quantity Unit Rate Total A. Field Service Geomembrane Services (T~o technicians for 30 day.fj 600 hours $45.00 $27,000 Soil Servmes (Protective Cover - 54 day~9 432 hours $40.00 $17,280 Senior Professional (Pr(~/ect Engineer &field oversighO 54 hours $105.00 $5,670 Vehicle Charge 114 trips $20.00 $2,280 B. Laboratory Testing Atterberg Limits 20 each $62.50 $1,250 Minus #200 20 each $28.00 $560 Destructive Membrane Seam Test 82 each $60.00 $4,920 Conformance Tests a. Geomembrane 12 each b. Geocomposite 4 each c. GCL Direct Shear 2 each Permeability 12 each Clay mass/Area 12 each $385.00 $4,620 $588.00 $2,352 $675.00 $1,350 $225.00 $2,700 $50.00 $600 C. Engineering and Preparation of FCSER Senior Professional 95 hours (Project Engineer) $105.00 $9,975 Project Management 50 hours $80.00 $4,000 Grap~c Design 54houm $44.00 $2,376 Administration/Typing 40 hours $44.00 $1,760 Reproduction/Binding 45 hours $44.00 $1,980 Grand Total: $90,773 Kleinfelder will charge for only those services conducted using the unit prices shown. Any changes in workscope will be discussed with the City prior to exceeding these estimates. 1'.O61~i~t 19/aZ'l~latl~Bti, lexas 78469 ' (361) 8544774 · (361) B544924 fax December lq, 2~llr~llblt .& Copyright 2004, Kleinfeldcr / p go 4 of 4 ARTICLE 1. 1.1 1.2 1.3 1.4 1.5 1.6 1.7 EXHIBIT "B" TERMS AND CONDITIONS TO AGREEMENT SERVICES: "LAB" will: 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. 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". Promptly submit formal reports 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. 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 conceming such materials including the point of origin and supplier. Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER". Retain records relating to services performed for "CI-I-Y" 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. Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 1 OF 5 ARTICLE 1. 1.1 1.2 1.3 1.4 1.5 1.6 1,7 EXHIBIT "B" TERMS AND CONDITIONS TO AGREEMENT SERVICES: "LAB" will: 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. 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". Promptly submit formal reports 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 par-ts of the structure of THE PROJECT area subjected to any testing. 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. Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER". 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. Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 1 OF 5 ARTICLE 2. will: 2.1 2.2 2.3 2.4 2.5 CITY RESPONSIBILITIES: City Engineer or authorized representative Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 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. 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, 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; (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. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 2 OF 5 ARTICLE 3. 3.1 3.2 ARTICLE 4. GENERAL CONDITIONS "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 which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. "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. FIELD MONITORING AND TESTING 4.1 4.2 "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" or any other party. 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. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 3 OF 5 ARTICLE 5. ARTICLE 6. ARTICLE 7. ARTICLE 8. 8.1 8.2 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". 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. 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. EXTENT OF AGREEMENT 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 representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 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. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 4 OF 5 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. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 5 OF 5 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the follOWing ini'ormation. Every question must be answered. If the ques'don is not applicable, answer with 'NA'. FIRM NAME:I~'-(~-~/'/-/ ~ ¢-~. r,/~- ~ ,~ FIRM is: 1. Cor'poralion '~ 2. Parthership [] 3. Sole Owner [] 4. Association [] 5. Other [] DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or aitach separate sheeL 1. SI=L- the nan.s of each "employes" of the City of Corpus Christi having an "ownership int~fes[" constituting or rno~e of th~ ownership in the above named "firm". Name Job T~e and City Department (-If known) ; S;-.;- the nantes of esch "offtcta~ orthe City of Corpus Christi having an "ownership int~a'est" constituting 3% or mo~e of the owne~shIp in the above named "firm". Name 'l-~e Stem Ihe n~mes of esc~ "~:1 member" of the City of ~ Chris1] having an "ownership int]~rest" constituting 3% or more of the owns'ship in the above named "firm". Name Board, Corr,,,,~:,.~on or Committee Sta~ the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any mat"mr 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 CERTIFICATE I cerlJfy that all information ffovided m true and correct as of the date of this st~temen~ that I have not kn0~ngly w~hheld cEsci~ure of any information requested; and that suppiemenlal statements will be prompUy submitted to the City of Corpus Christi, Texas as changes occur. ~'ype or Pdnt) Signature of Cer1~g Person: DEFINmONS 'Board Member'. A member of any board, commission or committee appointed by bge City Council of the City of Corpus Christi, Texas_ 'Em~". Any person employed by the City of Corpus Christi, Texas, eibger on a full or part time basis, but not as an independent co,,buctor. 'F'm'. Any er~ operated for economic ga~, whether p~ofe=,~unal, industrial or cornmer~al and whebger established to produce or deal with a product or service, including but not limited to, enli'des operated in the form of sole prop~, as self-employed person, parlnem, hip, corporation, joint st~ck company, Joint venture, receivership or tnJst and enfit~es which, for purposes of taxation, are treated as non-profit organizabons. 'Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, wO~sistant City Managers, Depam'bnent and Division Heads and Munk~pal Court Judges of the City of Corpus Chl~st, i, Texas. 'C~ Interest. Legal or equ~lable interest, whelher aca~ally or tx.,,~ uctively held, in a firm, includJng when such interest is held through an agent, trust, e~te or holding entity. 'Cons~zucfively held' refers to holding or control ~,b=b~ished Ihrough voting trusts, p~ox~es or special terms of venture or partnership agreements. f. 'Cons~Y~nt'. Aj1ypem~n~r~"'~suc~aseng~eersandarchitects~hiredbytbeCi~fc~m~us~hris~f~r~J1epurp~se of professional consultation and recommendation.