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.