HomeMy WebLinkAboutC2007-207 - 5/15/2007 - NAAMENDMENT No. 1 to AGREEMENT for
Groundwater Consulting and Quality Control /Assurance
`A • e
This AGREEMENT ENT 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 1 _ Ai Ai trk.AL Ai a ; Jou. t (Name)
(TitIe), which agree as follows:
1, DECLARATIONS S "CITY" desires to engage "LAB" to provide services in connection
with City's project, described as follows: J. C. Elliott Landfill - Gr undwater M nit rin g and Sampling
Redevelo • rent & Verification Sam lin • MW -11 Pro•ect 5205 "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 servi es provided in accordance with
Exhibit "A ", Scope of Services and Fee Schedule under this AGREEMENT, an additional not to exceed
fee of $12,_6_76.00 (in figures), (Twelve Thousand Six Hundred seventy Six and noixx dollars (in
words) for a restated total not to exceed fee of $21 5,11 .00.
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 OF CORPUS CHRISTI
By:
Ronald F. Massey,
Assistant City Manager
ATTEST:
1 *‘4
14(Q°7-
(Date) (SIGNAT RE)
LAB:
DI s-7,7
(Date)
Armando Chapa, City Secretary
RECOMMENDED:
R. Escobar, P.E.
1 . Escobar, P.E.
.1-411/67
(Date)
APPROVED AS TO F RM:
IkNA, (A, 9 IL( Yr
(Date)
Legal Department
Project No.: 5205
Encumbrance: FS 2.D�"941.,
,5/0‘.0-7
Kleinfelder
2000 S. 15th Street
(Address)
Waco, TX 76706
(City /State /Zip)
254-754-0369 Fax: 254-754-0478
(Phone/Fax No.)
530000- 1020 -12520 Page 1 of 1
2007.207
05/15/07
K L E 1 N FE L D E R
EXPECT MORE"
May 1, 2007
Project No 81418
Mr. Lawrence Mikolajczyk
yk
Assistant Director, Solid Waste Services
City of Corpus Christi
2525 Hyge &a
Corpus Christi, TX
Subject: Re-Development and Verification Sampling of MW-11
J. C. Elliott Landfill
Corpus Christi, Texas
Dear Mr. Mikolajczyk:
As requested, we are pleased to submit this proposal for sampling and well re-
development services. The project will consist of a down -hole camera survey, vigorous
pumping to redevelop MW-11, and re-sampling pling and analysis of dissolved chromium
The chromium concentration in MW-11 exceeded the background value in the February
2007 sampling event. TCEQ was notified of the exceedance by letter of March 20 and
was informed of the intent to conduct verification re- sampling of the well. This was
completed April 4, 2007. The results received April 17 showed a lower chromium
concentration but one that still marginally exceeded the background concentration. The
results are summarized below.
MW-11 Chromium Background 0.020
Detection Monitoring Result, Feb 2007 0.159
Re-sampling Result, April 2007 0.0263
The trend of chromium concentration is downward, but the result still exceeds
background. MW-11 has experienced similar excursions in the recent past for both
chromium and selenium. In each previous instance, the concentration has fallen back
below the background concentration suggesting natural variation as a cause.
81418 / WAC7P101
Copyright 2007 Kleinfelder
KLEIN FE L D E R 2000 S. 151h Street, Waco, Texas 76706 (254) 754 -0369 (254) 754 -0478 fax
Page 1 of 4 May 1, 2007
Exhibit A
Page 1 of
The recent frequency of exceedances suggests that something unusual may be
occurring in Ill -11. We have observed that the drawdown during sampling of this well
is higher now than in 2001 when low-flow, r micro- purge, sampling was initiated. This
may indicate clogging of the well screen and filter, which can arise from several sources
including siltation, mineral precipitation, or io-fouling. Some of these can also affect
water chemistry.
The rules do not prevent conducting an additional verification sampling event as long as
it is completed within the prescribed regulatory timeframe of 60 days from the date of
determination.
This scope is presented below.
SCOPE OF BASIC SERVICES
1. Kleinfelder will conduct a camera survey of MW -11 in order to examine the
condition of the well screen. Bio-fouling and mineralization of the well screen are
often readily apparent.
2. Kleinfelder will attempt to redevelop 11W -11 by pumping in order to induce better
flow through the filter and screen, and help ensure entry of fresh, formation water
during low flow s mpl.ing.
3. Kleinfelder will resample MW -11 using standard protocols and have the sample
analyzed for dissolved chromium.
4. Kleinfelder will prepare a notification letter to the Texas Commission on
Environmental Quality on behalf of the City of Corpus Christi.
INFORMATION/SERVICES PROVIDED Y
We understand the City of Corpus Christi will
• Grant rights of entry, or other access permission to perform the services
described in this proposal
• Allow on-site disposal of generated waste liquids
81418 / WAC7P1 I
Copyright 2007 Kleinfelder
l L E I F E LID E R 2000 S. 15th Street, Waco, Texas 76706 (254) 754 -0369 (254) 754 -0478 fax
Page 2 of 4 May 1, 2007
•
Exhibit!
Page 2 of
ADDITIONAL SERVICES
The following services are not included in the Basic Services and will be considered as
Additional Services, if and when required or requested:
• The services of specialty subonsultants or other special outside services other
than those described in Basic Services
• Any costs, including equipment replacement where applicable, associated with
decontamination of personnel or equipment as a result of encountering
hazardous or toxic materials at the site
• Additional meetings other than those described in Basic Services
• Additional copies of the report; additional submittals of draft reports other than
those described in Basic Services; revisions to the report after final submission to
Client; revisions to the report required as a result of changed regulations or
design
• Coordination with regulatory agencies other than that described in Basic Services
• Any other services not specifically included in Basic Services
COMPENSATION
Kleinfelder proposes to perform the Basic Services on a time and materials basis with
costs not to exceed $12,676. This amount will not be exceeded without prior
approval. The City of Corpus Christi and Kleinfelder may subsequently agree in writing
to provide for additional services to be rendered under this agreement for additional,
negotiated compensation. Services provided by Kleinfelder will be consistent with the
engineering standards prevailing at the time and in the area that the work is performed;
no other warranty, express or implied, is intended.
The invoicing for this project will be based on the Fee Schedule in the current contract,
and the actual quantity of work performed.
Please indicate your approval of the proposal by signing below. After you have signed
one original, please return the entire document and retain the other original for your
81418 /WA 7P101
Copyright 2007 Kleinfelder
Page 3 of 4 May 1, 2007
KL E I NFELDER 2000 S. 15`h Street, Waco, Texas 76706 (254) 754 -0369 (254) 754 -0478 fax
Exhibit
L_Ppge 3 of
records. Both parties must accept any modifications of the attached language. Please
call if you have questions.
Sincerely,
KLEINFELDER
H. L. Fl is hhau r, P.G.
Hyd ro eoto ist
Client agrees to the Scope of Work described in this Proposal and Cost Estimate and
the General Conditions attached and incorporated herein.
By:
Client
Title:
Date:
81418 /I AC7PI01 Page 4 of
Copyright 2007 Kleinfelder
K L i N F E L D E R 2000 S. 15th Street, Waco, Texas 76706 (254) 754 -0369 (254) 754 -0478 fax
May 1, 2007
Exhibit A#
Page 4 of
}} :0111, a
Phase 1- MW 11 Verification Re -Sam Ffin
Task 101 - Camera Task 102 - Pumping Task 103 - Sampling
Surve Redevelo men# Anal sle
Personnel Level
Pro"; ct Maria!er
FFP/HR
1 05.00
95.00
85.00
-COST MRS
$315
$2,850 8
$2,550 8
ITEM $r/UNIT MT
Air Fare $600.00
Mileage $0.75
Per Diem $ 30.00 1
Motel $ 110.00 1
Rental Car ~ 70.00
Grundfos Red flo 3
Tubing
Other Field Supplies
Shipping
Lab Analysis
3020 Compressor
MP Basics Controller
YSI 9020
Shipping
TOTAL DIRECT COSTS
TOTAL DIRECT COSTS
FEE
TOTAL FEE/ DIRECT COSTS
EXHIBIT "B"
TERMS AND CONDITIONS TO AGREEMENT
T
ARTICLE 1. SERVICES: "LAB" will:
1.1
Provide only those services requested by "CITY ENGINEER" " that, in the
opinion of "LAB ", Ile 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 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 for the proper performance of
services by "LAB".
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 1 of 4
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 T 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.
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;
(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.
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 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 for "LAB" to
conduct the sampling, testing, or inspection of operations covered by the
AGREEMENT.
Ef T.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 20F4
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" 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 WARRANT(
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. SAFETY
"CITY" and "LAB" agree that, in accordance with the generally accepted
construction practice, the PR J ECTUS 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.
TERMS AND CONDITIONS TO AGREEMENT
{REVISED JANUARY, 1998}
PAGE 3 OF 4
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 OF 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 or agreements, written or
oral. This AGREEMENT ENT 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 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. EI T. No 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.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 40F4
CM OF CORPUS CHRISTI
DISCLOSURE F 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 information. Every question must be answered. If the question is not applicable, answer wet "NSA'.
FIRM NAME:
STREET:
, ice ` '' _ Cam: We' ro _ ZIP: 'U9 0
FIRM is: 1. Corporation X 2. Partnership Q 3. Sole Owner 4. Association o
5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. Staff the names of each "employee" of the City of Corpus Christi having an "ownership interesr constituting 3%
or more of the ownership in the above named rm.
Name Job Tide and City Department I# known)
2. State the names of each " 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 Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
4. State 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 r".
Name
Consultant
CERTIFICATE
1 certify that all rnforma1on provided is true and correct as of the date of this statement, that 1 have not knowingly
wthheld cfisciosure of any information requested; and that supplemental statements will be promp►tiy subm ted to the City
of Corpus Christi, Texas as changes occur.
Certifying Person: _ ! i
• (Type or print)
• Signature of C:erlifyin Person:
Date: