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HomeMy WebLinkAboutC2008-166 - 5/27/2008 - ApprovedAGREEMENT 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 throu h its duly authorized representative who is •~.~,~ ~~` IZ~~'~-- (Name} o~(~~,f~' ~'/V~qi~~-_ (Title}, which agree as follows: 1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Cefe Valnexuela Landfill Sector 4A and 4B Construction Materials Testin Ins ection Laborato QAIQC SLERIGLERIBER Documentation ,(Project No. 5225] "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 $262~466_QO {in figures), (Two Hundred Six Two Thousand Four Hundred Six Six and nolxx dollars (in words). 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's 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. CITY OF CORPUS CHRISTI LAB: ey: By; ` g I R. Excobar, P.E. ( ate) SI ~~ URE) Interim Assistant City Manager ._.~f /.~"~-_ __ (Date) ATTEST: 5Q02 Ambassador Row (Address) Corpus Christi, TX 78469 Armando Chapa, City Secr ry {Date) (CitylStatelZip) 361-854-4774 Fax: 36 ~ -854-4924 APP OVED AS TO RM: (PhonelFax No.} ~ ~n~ 20x8-16b (Date) M20a8-129 as/z~ros Kleinfelder ~~~~- 2 AUT4i0K1~1~ .. ~ C-0k1#fCIL....ti..5.~2r.1.~Y.~ page 1 of 1 •.4.~~~ ~SEC~eTAls1' KLEINFELDER An empfofee rn~ned rori~par~~~ February ~ 9, 2008 Mr. Kevin Stowers Engineering Department City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 784fi9-9277 Reference: Cefe F. Valenzuela Landfill Sector 4A, 4B Corpus Christi, Texas Proposal No. CCH8P038 Dear Mr. Stowers: Kleinfelder is pleased to submit this proposal for construction materials testing services for the new Sectors 4A and 4B located at the Cefe F. Valenzuela Landfill in Corpus Christi, Texas. The purpose of this proposal is to establish our scope of work for the project, associated unit fees for our services and the terms and conditions of this agreement. We have prepared this proposal based on a brief review of the following: • A cons#ruction schedule from Chiang, Patel & Yerby dated February '14, 2008 • Phone discussions with Mr. Robert Fifarek, P.E. This proposal is based on our general understanding of the project plans, specifications and proposed construction schedule. At this time, we estimate a preliminary budget of $262,46fi for Sectors 4A & 4B to be billed on atime-and-materials basis. We have attached a Proposed Fee Schedule 1 Estimate indicating our budget breakdown and unit costs. For budgeting purposes, we have assumed a percentage of our hours will be billed a# our overtime rate. However, the actual quantities and overtime hours incurred will depend on the actual scheduling of our activities by the contractor. Our estimate does not include costs of re-inspections, contractor delays, stand-by time or site visits that are cancelled upon arrival. Additional site visits due to failed tests and costs for retests or for contractor convenience are not included within the es#imate. ccH$Pa38 - Copyright 2008, Kleinfelder Exhibit A 5002 Ambassador Row, Corpus Christi, Texas 78496 (361) 854-4774 Pa e 1 of 6 KLEINFELDER Workscope Description -Fee Estimate Cefe F. Valenzuela Landfill -Sectors 4A, 4B SLERIGLERIBER Corpus Christi, Texas General: The City of Corpus Christi proposes to begin construction of the liner system for Sectors 4A and 4B of the Cefe Valenzuela Landfill. It is our understanding that the liner system for these sectors will contain a two-foot clay liner, 60-mil HDPE geomembrane, and a leachate collection system consisting of a 1-foot drainage layer and chimney drain, with 18 inches of pro#ective cover. The side slopes will have a drainage Geocomposite layer and 30 inches of protective cover. 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 #esting and SLERIGLER documentation. Since ballast will be required in some areas with the two feet clay liner, BER documentation will also be included for the waste used as ballast. The composite system will be constructed as follows: Bottom Side Slopes 2 feet Clay Liner 2 feet Clay Liner 60-mil HDPE Geomembrane 60-mil HDPE Geomembrane 1 foot Drainage Layer and chimney drain Drainage Geocomposite 18 inches -Protective Cover 30 inches -Protective Cover Leachate Drainage Trench and Sump with Gravel Field Services: Kleinfelder will provide a soils technician on a full-time basis during construction of the clay liner. The field technician will conduct all field tests including moisture-density tests of the compacted clay liner and will sample the compacted clay for classification and permeability testing. The technician will maintain documentation of all test locations and results, and will make observations ofi the material processing and compaction operations. He will coordinate the testing with the construction operations and will report all tests results and observations to the project geotechnical engineer. The project geotechnical engineer will also make periodic visits to the job site to view the construction operations and general progress of work, and will observe the material processing, compaction and testing of the clay liner as required by TCEQ. Upon completion of the clay liner construction and acceptance of the SLER by the TCEQ, construction of the fi0-mil HDPE geomembrane liner will follow. Kleinfelder wiA provide a technician specialist during the geomembrane construction to observe all phases of the geomembrane construction from 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 QCIQA documentation and will secure all field test specimens, which must be tested destructively in the laboratory. The field technician will CCH8P038 Page 2 February 1 Copyright 2008, Kleinfelder KI.EINFELDER also observe the leachate collection system, protective cover and ballast installation. The leachate collection system will include 1-foot drainage layer and chimney drain. The field technician will report his observations and test results to the project geotechnical engineer. Photographs will be taken to document each phase of geomembrane installation as well as the clay liner construction. Laboratory Testing During Construction: The frequency of sampling and testing of the clay liner has been determined from the proposed construction and TCEQ requirements for Sectors 4A and 4B. These testing quantities are summarized below: Sector 4A Sector 4B Tests 2 feet Clay 22 few Field Densities {ASTM D 2922-91 } 220 220 Sieve Analysis (ASTM D 1140-92) 2$ 28 Atterberg Limits (ASTM D 4318-93) 28 28 Permeability (EM-110-21906, Appendix VII} 28 28 Moisture-Density Curve (ASTM D 1557-91) 4 0 The test quantities are based on about 435,600 square feet of clay liner for each sector, the anticipated construction sequencing and do not include any contingency for testing above the minimum. With full-time technician services we anticipate that we will take more moisture-density tests than stated above, as this is a very important consideration in obtaining the proper permeability. The other test frequencies should remain approximately the same unless reconstruction or additional sections require additional testing. Permeability tests will be conducted using the falling-head procedure in flexible-wall permeameters in accordance with test method EM-1110-2-1906, Appendix Vli. The actual permeability test specimens will be taken as undisturbed samples from the compacted clay liner along with sufficient soil for classification testing. The field seams of the 60-mil HDPE liner will be examined by several field test methods and in addition by 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 75 tests may be required for each sector. This number will vary depending upon the Contractor's specific layout of the seams and the number of retest required. The number of conformance tests required for HDPE Geomembrane, Geotextile and Geocomposite are estimated and could vary depending upon the number of resin batches. A summary of the quantity of conformance #est is provided below: Conformance Tests Sector 4A Sector 4B Geomembrane 10 10 Geotextile 4 4 Geocomposite with Transmissivity 4 4 CCH8P038 Page 3 February 1 Copyright 2049, Kleirafelder KLEINFELDER Engineering Supervision and SLERIGLERIBER: Kleinfelder's management and engineering staff will supervise the field services, view construction procedures, interface wi#h City staff, supervise all laboratory testing and complete the documentation and liner evaluation reports. Mr. Don R. Rokohl, P.E. will be the Project Engineer. Mr. Jerry Lipstreu, S.E.T., Area Manager, will provide day-to-day coordination with our field technician. Mr. Rokohl will be available daily as needed to view genera! construction operations and witness our field testing services. We will also maintain an on-going file of the test results and other documentation which will form part of the SLERIGLER documents. We understand all surveying required for vertical and horizontal control of construction and all test locations will be provided by a third party. The third party will also furnish tabulations of survey data for thickness verification of the clay liner, leachate drainage layer, protective cover, waste as ballast and leachate pipe. The SLER document will be completed and submitted in triplicate to the TCEQ as soon as possible following completion of the clay liner construction and all laboratory verification testing. The geomembrane construction should not begin until TCEQ provides acceptance of the SLER. Then upon completion of the geomembrane construction and all other parts of the composite liner system and all related testing and inspection of the system are completed the GLER document will be prepared and submitted in triplicate to the TCEQ. Upon completion of the waste as ballast construction, a BER document will then be prepared and submitted in triplicate to the TCEQ. COMPENSATION The fees for this project will be billed monthly on atime-and-materials basis subject to the attached Basis of Charges. This preliminary estimate is based on the design engineer's construction schedule, and therefore will be heavily influenced by constraints outside the control of Kleinfelder including, but not limited to the contractor's actual schedule, project sequencing and inclement weather. Additional services, such as services provided beyond the quantities proposed, or other services not anticipated at this time, may be required. If requested, these additional services would be treated as extra, and billed in accordance with the unit rates and Basis of Charges identified. SCHEDULING AND COMMUNICATIONS We require that our dispatch office (36~ -854-4774) be contacted at least 24 hours in advance of any necessary tests and observations. In order for us to accomplish our work scope, we will require one set of the approved project plans and specifications prior to the start of our services. In addition, an onsite pre-construction meeting with all involved parties is also requested. AUTHORIZATION You may authorize this work scope by issuing a City of Corpus Christi contract. CCH8P038 Page 4 February Copyright 2008, Kleinfelder KLEINFELDER LIMITATIONS Kleinfelder offers a range of engineering services to suit the varying needs of our clients. Although risk can .never be eliminated, more detailed and extensive investigations yield more information, which may help understand and manage the degree of risk. Since such detailed services involve greater expense, our clients participate in determining the level of service that provides adequate information for their purposes at acceptable levels of risk. Acceptance of this proposal will indicate that an authorized representative of the City of Corpus Christi has reviewed the Scope of Services, and determined that they do not need or want more services than are being proposed at this time. Any exceptions should be noted and may result in adjustments to our fees. Kleinfelder will perform all services in a manner consistent with the standards of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the services will be performed. Therefore, no warranty or guarantee, express or implied, is made part of the services offered by this proposal. Again, we appreciate the opportunity to provide this proposal for sectors 4A and 4B, and we look forward #o working with you to make this project a success. Please call (361) 854-4774 if you have any questions or comments. We sincerely appreciate the opportunity to be of service and look forward to working with you on this project. Sincerely, KLEINFELDER CENTRAL INC. ~~. ~~~-_ Jerry Lipstreu, S.E.T. Project Manager ~, IZ- Don R. Rokohl, P. . Senior Geotechnical Engineer Attachment: Basis of Charges CCH8P038 Page 5 Copyright 2408, Kleinfelder KLEIIVfELUER Cefe Valenzuela Landfill Sectors 4A and 4B Unit Prices and Fee Estimate Estimated Estimated Description Quantities Unit Rate Total A. Field Services Soil Services 440 hr 45.00 19,800.00 O.T. Contingency 200 hr 67.50 13,5DD.D0 Geomembrane Services 400 hr 50.00 20,000.00 O.T. Contingency '160 hr 75.00 12,000.00 Soil Services (SandlLeachate) 400 hr 45.D0 18,ODD.00 O.T. Contingency 200 hr 67.50 13,500.00 Soil Services (BER) 200 hr 45.00 9,OOOAO Nuclear Gauge Charges 50 days 80.00 4,000.00 Vehicle Charge 148 days 28.00 4,144.00 B. Laboratory Testing Atterberg Limits 56 ea 70.00 #200 Sieve Tests 56 ea 32.00 Calcium Carbonate Content 2 ea 500.00 Water Tests 1 ea 250.00 Sieve Analysis (Drainage) 2 ea 70.00 Permeability Tests (Sand/Gravel) 2 ea 1fi0.00 Permeability Tests (Clay) 56ea 325.00 Moisture-Density Curves 4 ea 235.00 Flexible membrane testing to include: Destructive membrane seam tests, conformance testing of geomembrane, geotextile and geocomposite Outside testing cost charged at cost plus 20% Estimated cost C. Engineering and Preparation of SLERlGLERIBER Senior Professional 450 hr 130.00 (Project Engineer Graphic Design 2fi0 hr 50.00 (Drafting Project ManagerlAdministration Services 10% of Monthly invoice Estimated Total: 3, 920.00 1,792.00 1,000.00 250.00 140.00 320.00 18,200.00 940.00 26,600.00 58,5oo.ao 13,ODD.DO $23,860.00 $262,466.00 CCH8P038 Page 6 February Copyright 2008, Kleinfeidar 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' S EXHIBIT "B" TERMS AND CONDfTIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "[.AB", lie within the technical or professional areas of expertise of "LAB" and which "t.AB" 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 representa#ive, 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. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998) PAGE 1 of 5 ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative wiill: 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 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" #o perform contracted services; (b) Furnish such labor and all facilities needed by "L4B" 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) PAGE20F5 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. 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 observa#ion 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 no# 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. TERMS AND CONDITIONS TO AGREEMENT (REVISED JANUARY, 1998} PAGE3oF5 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 fi. 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. 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 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. 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) PAG1=50F5 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17172, as amended, requin~ all persons or farms seeking tv do business with the City to provide the following information. Every question must be answered_ If the question is scat applicable, answer with `NA". FIRM NAME: ~ ~ ~ r ~/ ~~= t"= ~ ~ ~'`" STREET: ~~ ~ z' ~f~~ I~SS~~,t., u .Ulr~- CETY: ~1~~1~f ~ ~ ~(/l~`~ 1 ~' TJP: 7~ `l r FlRM is: 7. Corporation ~ 2. Partnership o 3. Soie Owner ^ 4. Association >~ S. Other o DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" consttuting 3% or more of the ownership in the above maned "firm". Name Job Tatle and City Department ('~f known) ., _._,. , ~(L ~~- 2. Staff: the names of each "ofSciaP' of the City of Corpus Christi having an "ownership interest"' constituting 3% or more of the ownership in the above named "firm". Name ~ Tatle _ ~/ `~ 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interests 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 #tie subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Nance Consultant n• a4 CERTIFlCATE I cerlify that ail information provided is true and correct as of the date of this statement, that I have not laaowin9ly withheld disclosure of any information reques6ed; and that suppiementai statemeriis wrli be promptly submitted to the City of Corpus Christi, Texas as changes occur. .~ Certifying Person: ~ tQ,f~• ~t' ~y % 1 ~~ ~-~' t~_ Tiite:~"~~•'~f.- ~~•~ ~i~&~~' (Type or Print) Signature of Cetf~jrii•ig. Person: Date: J `~~~' ~~ ,,,., _„