HomeMy WebLinkAboutC2008-388 - 11/11/2008 - ApprovedAGREEMENT for
Groundwater Monitoring and 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 partner hip, "LAB", acting through its duly
ay~ty~ori~d representative who is _ ,~ f~l~N S Y C-~~7~~ (Name)
V ~ 1 (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 - 2009 Groundwater Monitoring and
Services IProiect 5256) "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 not to exceed fee of
$204.400.00 (in figures), (Two Hundred Four Thousand Four Hundred and no/xx dollars (in words).
4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS
AT THE PROJECT SITE. 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: Dim ~Zr'(~ ~~-/~i.~~
Oscar Martinez (Date)
Assistant City Manager
ATTEST: ,.
Armando Chapa, City Secretary (Date)
LAB:
B ~ z~ 08
(SI ATURE) (Date)
326 Industrial Drive
(Address)
Waco, TX 76710
(City/State/Zip)
254-754-0369 Fax: 254-754-0478
RECOMMENDED:
~~- ~ ~~~~
Kevin R. Stowers (Date)
Interim Director -Engineering Services
APPROVED AS TO FORM:
Legal Department (Date)
Funding Source: 530000-1020-12520
Fnrnmhronre•
2008-388 -
11/11/OS
M2008-289
(Phone/Fax No.)
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Page 1 of 1
Cleinfelder
~~
KLE/NFELOER
\` ~ Bright PCOple. Righs Solutions.
October 9, 2008
Proposal No. WACSP340
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
2009 Groundwater monitoring and services
J.C. Elliott Landfill
Corpus Christi, Texas
Dear Mr. Mikolajczyk:
326 N. Industrial Drive
Waco. Tx
76710
PI 254.754.0369
fl 254.754.0478
klelnfelder.com
We are pleased to submit the following proposal for professional environmental services. This proposal
presents the scope of work for expanded groundwater monitoring, and observation and quality control
for installation of new wells, and the installation of new pumps. This proposal was developed based on
our discussions and review of our scope of work/cost during the last four years of groundwater
monitoring at the J.C. Elliott Landfill. We look forward to continue serving the City in their
hydrogeological needs.
if a portion of this proposal does not meet your project needs, or if those needs have changed,
Kieinfeider 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
Performance Period
The services proposed herein will be performed from January t, 2009 to December 31, 2009.
Well Installation Quality Control
Under terms of the permit amendment, the City of Corpus Christi will modify its present monitoring
network of 17 wells to achieve compliance with the well spacing requirements specified in 30 TAC 330
06809PROP / WAC8P340 1 October 9, 2008
Copyright 2008 Kleinfelder
Exhibit A
Pa e 1 of 6
Mr. Lawrence Mikolajczyk 326 N Industrial Drive
October 9, 2008 warn. 7x
7s7io
Page 2 p12547540369
n 254.754.0478
klelnfelder.rnm
Subchapter J. According to the plan, an additional fourteen wells will be installed. The installation of
new wells will be conducted by a construction contractor.
Kieinfelder will provide a qualified geologist to observe the installation of new wells and monitor
compliance with specifications. Kieinfelder will record details of the installation to compare against the
final report prepared by the drilling subcontractor. Kieinfelder, at the discretion of the City, will review
the Drilling Contractor submittal to the TCEO.
The estimated cost of this activity is $8,129.00.
New Pump Installation
New wells will require dedicated pumps for long-term monitoring.
Kieinfelder recommends that pumps in retained wells be replaced with new pumps. in recent years, a
number of wells have had apparent statistically significant changes in chromium that have required one
or more verification sampling events for each occurrence. Kieinfelder has inspected the pumps at wells
where exceedances occurred, and observed pitting and corrosion of the stainless steel casings and
filters. According to the manufacturer, the stainless steel is 316-grade, which contains 16-18%
chromium by weight. in re-sampling, the pumps were removed and the wells were purged until fresh
water filled the casing. Chromium concentrations always dropped back into the background range.
The available evidence and behavior suggests that the stainless steel pumps are the source of
chromium. Kieinfelder believes that replacing the pumps with non-stainless-steel pumps may correct
the problem of repeated chromium exceedances.
Kieinfelder proposes to prepare specifications for pump fabrication and to install new bladder pumps in
the twenty-three wells that will comprise the new monitoring system. The wells are: MWs 1,2,4,5, 7,
12, 16-32. The pumps will be constructed of chemically resistant plastic suitable for groundwater
monitoring. The dedicated pumps in existing wells will be retained for 2 years until the wells are
abandoned.
The estimated cost of this activity is $26,179.00
Detection Monitoring
The recently released position paper by the TCEO states that detection monitoring must be continued
in existing monitoring networks until new wells are installed and background sampling for new wells and
constituents has been completed. Continuation of detection monitoring during the perfonnance period
will include two monitoring events in January 2009 and July 2009.
Kieinfelder proposes to sample the existing 17-well system for the current constituent list (GWSAP
Revision 6, October 21, 2005). This activity will be in accordance with established sampling
procedures and will comply with the new GWSAP (except for the constituents) and the TCEO position
06809PROP; WAC8P340 2 October 9, 2008
Copyright 2008 Kleinlelder
Exhibit A
Pa e2of6
Mr. Lawrence Mikolajczyk 326 N. Industrial Drive
October 9, 2008 waco, rx
7s7to
Page 3 P1254.754.0369
n 254.754.0478
kkinteider.corn
paper. During the detection monitoring events, Kieinfelder will also conduct background sampling for
new constituents in new wells and wells that will be retained in the future monitoring network.
The estimated cost of this activity is $95,806.00.
Background Monitoring
The permit specifies sampling TCEQ-required constituents (fifteen metals plus volatile organics).
Background monitoring for these constituents in new and existing wells is required, and will commence
after well and pump installation is complete. Background sampling will be restricted to the 14 new wells
(MWs 19-32) and the 9 existing wells that will comprise part of the future monitoring network (MWs 1, 2,
4, 5, 7, 12, 16-18)
The projected sampling dates during the performance period are January, April, July and October,
2009. Kieinfelder will conduct the January and July quarterly background sampling events concurrent
with detection monitoring events, and the associated costs are included with the detection monitoring.
The twenty-three wells comprising the new system will be sampled for the constituents listed in the
2008 GWSAP in April and October 2009.
The estimated cost for the 2 quarters of background sampling that will be conducted separately from
detection monitoring is $52,964.00.
Verification Sampling
Historically, apparent statistically significant changes have occurred for one or more constituents in one
or more wells. Kleinfeider will evaluate detection monitoring data after each event to determine if
statistically significant changes have occurred. in the event that such changes have occurred,
Kleinfeider will notify the TCEQ in accordance with the requirements, and conduct verification sampling
of those wells in which SSCs occurred. The proposed budget includes one verification re-sampling per
detection monitoring event (two annually) if required.
The estimated cost for this activity is $10,085.00.
Other Consulting Services
Kleinfeider has been called upon to lend its expertise in a number of matters related to groundwater
monitoring and permitting at the J. C. Elliott Landfill. We have included in this proposal a limited "on-
cali" budget for these services that will be expended as requested by the City. In addition, this budget
can be expended for unforeseen project conditions with approval from the City.
The allowed cost for these services, if required, is $5,000.
C6809PROP1 WAC8P340 3 October 9. 2008
Copyright 2006 Klem(elder
Exhibit A
Pa e3of6
Mr. Lawrence Mikolajczyk 326 N Industrial Drive
October 9, 2008 Waco, TX
76710
Page 4 pl zs4.7sa o66s
fl zs4 7sa o47e
kMlnTelAer.com
Assumptions and Exclusions
1. The QC oversight assumes that well installation will take 14 days.
2. Pump configuration is dependent upon the final depth of the well below top of casing, which is
unknown for new wells at this point. The proposed cost is based on an assumed average depth of
wells. Vendor rates may change, so the proposed cost contains a contingency for reasonable cost
increases.
3. Costs for verification re-sampling are based on the following assumptions: 1) one re-sampling
event per detection monitoring event lasting 2 days; 2) Analyses each event include 5 metals and
volatile sample. Cost for additional sampling and planning and implementing assessment
monitoring, if necessary, are not included.
4. The cost for other consulting services is for approximately 1 week of a senior staff member.
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 the reports will be prepared and transmitted to the City of Corpus
Christi. In addition, we will submit three reports for each reportable event to the TCEQ.
COMPENSATION
Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for S 204,400.00.
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.
06809PROP! WAC8P340 a October 9. 2008
Copyright 2008 Kleinfelder
Exhibit A
Pa e4of6
Mr. Lawrence Mikolajczyk
October 9, 2008
Page 5
UNIT FEES
Description
' Unks ~ Rate
Hydrogeologist, P.G. hr $115.00
Geologist /Environmental Scientist hr I $95.00
~ Environmental Technician hr $85.00
Technician hr $50.00
Drafter Hr $55.00
~ Ve~-Markup % 15%
I Subcontractor Markup % 15%
ESTIMATED COST
Activity ! ~Cost l
Weli Installation Quality Control $$ 21,100
New Pump Installation
r---
~ Detection Monitoring
Background Monitoring ~ $ 26,600
$ 90 400
$ 49,900 i
Verification Sampling $ 11,400
Other Consulting Services $ 5,000
Total $ 204,400
LIMITATIONS
326 N. Intlustrial Drive
Waco. TX
76710
PI 254.754.0369
Q 254.754.0478
klelnfeider.eom
Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised
by other members of Kleinfelder's profession practicing in the same locality, under similar conditions
and at the date the services are provided. Our conclusions, opinions and recommendations will be
based on a limited number of observations and data. It is possible that conditions could vary between
or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied,
regarding the services, communication (oral or written), report, opinion, or instrument of service
provided.
06809PROP~ WAC8P340 5 October 9. 2008
Copyright 2008 Kleinrelder
Exhibit A
Pa e5of6
Mr. Lawrence Mikolajczyk 326 N Intlustnal Dnve
Waco. TX
October 9, 2008 Deno
Page 6 ai zsa.~sa.o3ss
n zsa Asa oa~e
KIehN@IQN.COfn
This proposal was prepared specifically for the client and its designated representatives and may not
be provided to others without Kleinfelders express permission.
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 tali. We are committed to assist
the City to ensure the success of this project.
Best regards,
KLEINFELDER
b'~~ /'
Henry L. Fieischhauer, P.G.
Project Manager
(254) 754-0369
06809PROP~ WACSP340
Copyright 2008 Kleinfelder
Winfield L. McAtee, P.G
Environmental Manager
October 9. 2008
Exhibit A
Pa e6of6
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 insubstantial accordance with the basic requirements ofthe 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, togetherwith 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 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.
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGE 2 OF 4
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 ofnon-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 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 PROJECTS general contractorwill 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 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.
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 4 OF 4
Exhibit C
Mandatory Requirements
(Revised November, 2005)
INDEMNIFICATION AND HOLD HARMLESS
Lab agrees to indemnify, save harmless and defend the City of Corpus Christi, and its
officers, 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 reasonable 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,
to the extent caused by Lab's negligent performance of services covered by this contract The
foregoing indemnity shall apply except ifsuch injury, death or damage is caused by the sole
or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or
employees, or any other person indemnified hereunder.
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons ar firms seeking to do business with the C'rty to
provide the following information. Every question must be answered. If the question is not applipble, answer with'NA'.
FlRM NAME: Kleinfelder Central, Inc.
STREET: 326 N. Industrial Dr. CITY: Waco, TX ZIP: 76710
FlRM is: 1. Corporation O 2. Partriership ^ 3. Sole Owner ^ 4. Assoaation ^
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 tiie City of Corpus Christi having an "ownership interest" constituting 3°k
or more of the ownership in the above named "firm".
Name Job Title and City Departinent (rf known)
N/A
2. State the names of each "officiaP of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Title
N/9
3. State the names of each "board member" of the City of Corpus Christi having an "ownership intarest" constituting
3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
N/A
4. State the names of each employee or olfieer 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 fhe above named "firm".
Name Consultant
N/A
CERTIFlCATE
I certify that all information provided is true and correct as of the date of this s~temerrt, that I have not imowingly
wdhheld dsdosure of any uifomiation requested; and that supplemenial statements vnll be promptly submitted to the City
of Corpus Chrsti, Texas as changes occur.
Certifying Petson:~O S. LOHMA~/ Title: V tc~3 ~Ra-Srtte'nr7
(Type or Prin
Signature of Certifying. Person:_ Date: /o~Z~7~o $