HomeMy WebLinkAboutC2008-239 - 7/8/2008 - ApprovedAGREEMENT for
Groundwater Consulting and Quality Control/Assurance Services
This AGREEMENT is by and between the City of Corpus Christi, Texas, hereinafter called
"CITY", and KLEINFELDER, INC. ,hereinafter called "LAB", which agree as follows:
1. DECLARATIONS. "CITY" desires to engage "LAB" to provide services in connection with
City's project, hereinafter called THE PROJECT, described as follows: Cefe Valenzuela Landfill -
Groundwater Monitoring System - Leachate Ponds
2. SCOPE OF WORK. "LAB" shall provide services for THE PROJECT in accordance with
the accompanying Scope of Services and Fee Schedule attached as "Exhibit A", the Terms and
Conditions to AGREEMENT attached as "Exhibit B", and the Special Insurance Requirements attached
as "Exhibit C".
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
$100,400.00 (in figures), ONE HUNDRED THOUSAND FOUR HUNDRED DOLLARS AND NO/CENTS
(in words).
4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT
THE PROJECT. "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 are as follows: NONE.
CITY OF CORPUS CHRISTI
'Angel R. Escobar, P.E.
Interim Asst. City Manager
7- ~- OS
(Date)
ATTEST:
Armando Chapa Date)
~AP~/PROVED AS TO FORM: ~(
"V~ ~~- ~
Legal Department Date)
Project No.: 5186
Funding: 550920-3362-00000-140565
KLEINFELDER
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(Date)
326 N. Industrial Drive
(Address)
Waco, Tx 76710
(City, State, Zip)
(254) 754-0369 Cell: (2541 715-3123
(Phone No.)
~ ~
2008-239
07/08/08
M2008-167
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Kleinfelder
~^ 326 N. Industrial Drive
/ \ Waco. Tx
78710
KLE/NFELOER p12~4.7~4.0369
Bright People. Right Solutions. 11254'754.0478
Welnfelder.eom
May 14, 2008
Proposal No. WAC8P196
Attn. Mr. Lawrence Mikolajczyk
Assistant Director, Solid Waste Services
City of Corpus Christi
2525 Hygeia - P.O. Box 9277
Corpus Christi, TX 78469- 9277
SUBJECT: Proposal
Groundwater Monitoring System, Leachate Ponds
Cefe F. Valenzuela Landfill
Corpus Christi, Texas
Dear Mr. Mikolajczyk:
We are pleased to submit the following proposal for professional environmental
services. This proposal presents the scope of work for installing and developing new
wells, installing new pumps, and incorporating these wells into the present monitoring
activity. This proposal was developed based on our discussions and review of the
current MSW rules. We look forward to continue serving the City in their hydrogeological
and environmental needs.
if a portion of this proposal does not meet your project needs, or if those needs have
changed, Kleinfelder is prepared to consider appropriate modifications, subject to the
standards of care to which we adhere as professionals. Modifications, such as changes
in scope, methodology, scheduling, and contract terms may result in changes to the
quality of the assessments, as well as adjustment to our fees.
SCOPE OF BASIC SERVICES
New Well Installation
The Cefe F. Valenzuela groundwater monitoring system presently consists of 18 wells
with depths ranging from about 40 to 60 feet. HDR has recently submitted a permit
amendment that adds 5 new monitoring wells around the downgradient perimeter of the
leachate storage pond. On the basis of nearby wells (MWs 8-11a, and 12a), the
anticipated depths of these wells will be about 40 feet. The drilling will proceed to the
upper sand unit referred to informally as the "A-sand."
06809 / WAC8P796 1 May 14, 2008
Copyright 2008 Kleinfelder
Exhibit A
Pa e 1 of 5
326 N. Industrial Drive
Waco, TX
76710
DI 254.754.0369
fl 254.754.0478
klelnfeldar.eom
Kleinfelder proposes to install the new wells by contracting a qualified, licensed driller.
The target depth used for preliminary estimating is 40 feet (See Assumptions and
Exclusions, below). Kleinfelder will provide on-site geologists to describe samples,
prepare logs and records of the installation, and to direct construction of the wells.
Following construction, Kleinfelder will prepare a submittal to the Texas Commission on
Environmental Quality documenting the construction activity. This documentation will
consist of geologic logs of borings, well completion reports on form TCEQ-10308, and a
table survey elevations and well location coordinates.
Kleinfelder will develop the wells by pumping. Pumped water will be disposed of in the
ponds on site.
New Pump installation
New wells will require new dedicated pumps for long-term monitoring.
Kleinfelder proposes to install bladder or submersible pumps in the new wells.
Kleinfelder believes that installing pumps constructed of chemically resistant plastic
suitable for groundwater monitoring, may avoid future corrosion and false positives for
metals normally associated with stainless steel. (See Assumptions and Exclusions,
below.)
New Background Monitoring
Background monitoring will be required for the new wells. Kleinfelder proposes to
conduct 4 quarters of monitoring of these wells. Eight quarters of data is
recommended, but these costs can be provided in future annual contracts.
Well Survey
Kleinfelder will contract a licensed surveyor to survey in initial drilling locations. This will
be followed by a final survey to obtain well location coordinates and elevations,
including top of well cover, top of casing, concrete pad and ground elevations.
Assumptions and Exclusions
1. Well installation depths may vary from planned because of varying depth of the
sands, especially if grading and construction alter the present surface elevation.
Drilling to depths greater than the proposed depth may result in cost increases due
to additional materials.
06809 / WACSP796
Copyright 2008 Kleinfelder
May 14, 2008
Exhibit A
Pa e2of5
326 N. Indushial Drive
Waco, TX
76710
PI 254.754.0369
254.754.0476
kl•Intelder.eom
The cost estimate for pumps is not based on a current vendor quote. Vendor rates
may change between now and the time the order is placed. Also, not all wells may
be amenable to sampling by low flow methods. Accordingly, some wells may be
better suited for submersible pumps. Pump selection, design, and costs should be
reviewed after development of the wells which will give insight into the well
performance.
3. Groundwater sampling costs assume that the new wells have all weather access by
vehicle.
ADDITIONAL SERVICES
The following services are not included in the Basic Services and will be considered as
Additional Services, if required or requested:
• Meetings/interviews other than those described in the Basic Services.
The services of specialty subconsultants or other special outside services other
than those described in Basic Services.
• Any other services not specifically included in Basic Services.
DELIVERABLES
Four signed, bound copies of each of report will be prepared. In addition, we wilt submit
two reports for each reportable event to the TCEQ.
COMPENSATION
Kleinfelder proposes to perform the Basic Services on a Time and Materials basis. This
amount will not be exceeded without prior approval. The Client and Kleinfelder may
subsequently agree in writing to provide for additional services to be rendered under
this agreement for additional, negotiated compensation.
068091 WACBP198
Copyright 2008 Kleinfelder
May 14, 2006
Exhibit A
Pa e3of5
326 N. Industrial Drive
Waco, TX
76710
PI 254.754.0369
fl 254.754.0478
klelMelder.com
UNIT FEES
Description Units Rate
Hydrogeologist, P.G. hr $115.00
Geologist /Environmental
Scientist hr $115.00
Environmental Technician hr $85.00
Drafter hr $55.00
Vendor Markup % 15%
Subcontractor Markup % 15%
ESTIMATED COST
Description
Total
Kleinfelder Services (well installation) $22,400
Subcontracted Drilling $26,625
Surveying $2,875
Pumps $8,900
Groundwater Monitoring $39,600
Total $100,400
LIMITATIONS
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.
088091 WACSPi96
Copyright 2008 Kleinfelder
May 14, 2008
Exhibit A
Pa e4of5
326 N. Industrial Drive
Weco, TX
76710
PI 254.754.0369
fl 254.754.0478
klelnfelder.com
AUTHORIZATION
Your standard service agreement can be used to authorize these services if agreeable.
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. If you have any questions or need additional information, please do
not hesitate to call. We are committed to assist the City to ensure the success of this
project.
Best regards,
KLEINFELDER
Henry L. Fleischhauer, P.G.
Hydrogeologist
06809 / WAC6P796
Copyright 2008 Kleinfelder
Winfield McAtee, P.G.
Project Manager
5
May 14, 2008
Exhibit A
Pa e5of5
EXHIBIT "B"
TERMS AND CONDITIONS TO 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 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.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 1 OF 5
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".
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" 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. 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 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.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 3 OF 5
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. 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)
PAGE 5 OF 5
Exhibit C
(Revised September, 2001)
INSURANCE REQUIREMENTS
PROJECT ARCHITECT/ENGINEER LIABILITY INSURANCE
A. The Project Architect shall not commence work under this Agreement until he/she
has obtained all insurance required herein and such insurance has been approved
by the City. Nor shall the Project Architect allow any subconsultant to commence
work until all similar insurance required of the subconsultant has been so obtained.
B. The Project Architect shall furnish two (2) copies of certificates, with the City named
as an additional insured, showing the following minimum coverage in an insurance
company acceptable to the City.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily Injury and Property Damage
certificates
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises -Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractuallnsurance
7. Broad Form Property Damage
8. Independent Consultants
9. Personallnjury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERSL
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include [ ] REQUIRED
long-tern environmental impact for the disposal of [X] NOT REQUIRED
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental Insurance
Requirements
[ ]REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER $100,000 Combined Single Limit
See Section B-6-11 and Supplemental
Insurance Requirements
[ ] REQUIRED [X] NOT REQUIRED
Exhibit "C" - Insurance requirements
Page 1 of 3
C. In the event of accidents of any kind, the Project Architect shall furnish the City
with copies of all reports of such accidents at the same time that the reports
are forwarded to any other interested parties.
HOLD HARMLESS
A. Project Architect agrees to indemnify, save harmless and defend the City
of Corpus Christi, and its agents, servants, and employees, and each of
them against and hold it and them harmless from any and all lawsuits,
claims, demands, liabilities, losses and expenses, including court costs
and attorneys' fees, for or on account of any injury to any person, or any
death at any time resulting from such injury, or any damage to any
property, which may arise or which may be alleged to have arisen out of
or in connection with the work covered by this contract. The foregoing
indemnity shall apply except if such injury, death or damage is caused
by the sole or concurrent negligence of the City of Corpus Christi, its
agents, servants, or employees or any other person indemnified
hereunder.
B. The Project Architect shall obtain workers' compensation insurance coverage
through a licensed insurance company or through self-insurance obtained in
accordance with Texas law. If such coverage is obtained through a licensed
insurance company, then the contract for coverage shall be written on a policy
and endorsements approved by the Texas State Board of Insurance.
If such coverage is provided through self-insurance, then within ten (10)
calendar days after the date the City requests that the Project Architect sign
the contract documents, the Project Architect shall provide the City with a copy
of its certificate of authority to self-insure its workers' compensation coverage,
as well as a letter, signed by the Project Architect, stating that the certificate of
authority to self-insure remains in effect and is not the subject of any
revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before final acceptance of the Work by the
City, such certificate of authority to self-insure is revoked or is made the
subject of any proceeding which could result in revocation of the certificate,
then the Project Architect shall immediately provide written notice of such facts
to the City, by certified mail, return receipt requested directed to: City of
Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus
Christi, Texas 78469 -Attention: Contract Administrator.
Whether workers' compensation insurance coverage is provided through a
licensed insurance company or through self-insurance, the coverage provided
must be in an amount sufficient to assure that all workers' compensation
obligations incurred by the Project Architect will be promptly met.
Exhibit "C" - Insurance Requirements
Page 2 of 3
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____~~ ~ .._.. ...__. _..-~ ---~.~~_ ._. _.._ ._.... _. ..._ __....... _. ..r ... .... ...
6entfaet:
severag~
III. On the certificate of insurance:
The City of Corpus Christi is to be named as an additional insured on the
liability coverage, except for workers' compensation coverage.
o Should your insurance company elect to use the standard ACORD form, the
cancellation clause (bottom right) shall be amended by adding the wording
"changed or" between "be"and "cancelled" and deleting the words "endeavor
to" and the wording after "left". If the cancellation clause is not amended in
the ACORD form, then endorsements shall be submitted.
o The name of the project also needs to be listed under "description of
operations".
o At least 10-day written notice of change or cancellation will be required.
IV. A completed Disclosure of Interest must be submitted with your proposal.
Exhibit "C" - Insurance requirements
Page 3 of 3
CITY OF CORPUS CHRISTI
~ DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or fines seeking to do business with the City to
provide the fallowing information. Every question must be answered. If the question is not applipble, answer with'NA'.
FlRM NAME: 1l_Je,/r/ F-~r,/k~
sTREEr: ~~so-z,. /~IK1gQsr.~oe~~-~4u~ cmr: ~ ~9~~k,G~ ~t' vP: ~~`~~~
FlRM is: 1. Corporation. 2. Parhrership ^ 3. Sole Owner ^ 4. Assortiation ^
5. Other ^
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" constituting 3%
or more of the ownership in the above named "firm".
Name Job Title and City Deparbnent (d known)
NI,4~
2. StdOe the names of each "offiaal" of the City of Corpus Christi having an "ownership iMeresY' constituting 3°k or
more of the ownership in the above named "firm".
Name Title
~i~
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, Comm'sson or Committee
N~~
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 "firm".
Name Consultant
NIA-
CERTIFICATE
I certity that all information provided is true and correct as of the date of this statement, that I have not knowingly
wdhhetd dsdosure of any information requested; and that supplemental statements will be promptly sutrmtlted to the Cily
of Corpus Christi, Texas as changes occur.
Certifying
(type or Print)
Signature of Certifying. Person: .`~ Date: ~-~6