HomeMy WebLinkAboutC2008-471 - 12/16/2008 - 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 through its duly authorized representative who is
c%,4N S. LnhFMav (Name) /tcE /~iiES/DENT (Title), which agree as
follows:
1. DECLARATIONS "CITY" desires to engage "LAB" to provide services
in connection with City's project, described as follows: J. C. Elliott Landfill Final Cover
and Landfill Gas Collection Systems -Construction Materials Testing, Inspection,
Laboratory, QA/QC, SLER/GLER/BER Documentation (Project No. 5216) "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 $465,275.00 (in figures), (FourHundred Sixty
Five Thousand Two Hundred Seventy Five and no/xx dollars (in words).
4. CITY'S DISCLOSURE OF HA2:ARDOUS 8~ 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
By: CJ/r/ ~«WI~ ~a'fy` ~~' BY
Oscar Martinez (Date)
Assistant City Manager
ATTEST:
l r rho
Armando Chapa, City Secretary (Date)
APPROVED AS TO FORM:
/J/J ® -
2008-471
12/16/08 (Date)
M2008-339
Kleinfelder ~~~~
eR•
5002 Ambassador Row
(Address)
Corpus Christi, TX 78469
(City/State/Zip)
361-854-4774 Fax:361-854-4924
pp ~~ (Phone/Fax No.)
;~O2~g'3 AUTMORIL~
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SECRETARY ~ b,
/"~
KLE/NFELOER
Bright People. Right Solutions.
December 4, 2008
Mr. Kevin Stowers
Engineering Department
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Reference: J.C. Elliott Landfill
Final Cover System Installation -Phase 4-6
and Landfill Gas Management System
Corpus Christi, Texas
Proposal No. CCH8P152
Dear Mr. Stowers:
5002 Ambassador Row
Corpus Christi, TX 78416
PI 361.854.4774
fl 361.854.4924
www.klefnfelder.com
Kleinfelder is pleased to submit this proposal for construction materials testing services
for the final cover system installation, Phase 4-6 and landfill gas management system
located at the J.C. Elliott 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 construction schedule from Environmental Specialties International, Inc. dated
October 24, 2008
Review of the plans and specifications dated September 5, 2008.
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
$465,275 to be billed on atime-and-materials basis. We have attached a Proposed Fee
Schedule /Estimate indicating our budget breakdown and unit costs. For budgeting
purposes, we have assumed a percentage of our hours will be billed at 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_nclude 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 estimate.
CCHSP152
Copyright 2008, Kleinfelder
December 4, 2008
Exhibit A
Pa e 1 of 5
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I KLE/NFELOER
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Workscope Description -Fee Estimate
J.C. Elliott Landfill
Final Cover System Installation -Phase 4-6
and Landfill Gas Management System
Corpus Christi, Texas
General: The City of Corpus Christi proposes to close approximately 50 acres of the
Southern extension of the J.C. Elliott Landfill located east of the previously closed 52
acres (Phases I, II and III). The cover system for this particular closure will contain a
GCL liner, 40 mil LLDPE geomembrane, an 18" protective cover layer and a 7"erosion
layer. In accordance with Texas Commission on Environmental Quality (TCEQ)
regulations and guidelines, certain tests and inspections must be made during the liner
construction to verify the quality of liner construction and to allow the project engineer to
complete the required documentation. The work described herein is our estimate of the
number of tests and personnel time required to complete the quality control testing and
FCSER documentation.
We have been advised that the cover system will be constructed as follows:
T~ Side Slope
- ,•-. GCL GCL
-40-mil LLDPE Geomembrane 40-mil LLDPE Geomembrane
18 inches -Protective Cover Drainage Geocomposite
7 inches Erosion Layer 18 inches -Protective Cover
7 inches Erosion Layer
Field Services: Kleinfelder will provide membrane specialist technicians on a full-time
basis during construction of the GCL and Geomembrane liner. This will enable the
technician specialist to observe all phases of the GCL and 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 QC/QA
documentation and will secure all field test specimens which must be tested
destructively in the laboratory. The Held technician will also observe the protective
cover and erosion layer installation. The field technician will report his observations and
test results to the project Geotechnical engineer. Photographs will be taken to document
each phase of the GCL and Geomembrane installation.
Tlie field seams of the 40-mil LLDPE liner will be examined by several field test
methods in addition to destructive testing of specimens cut from the field seams at
maxlmu in rv s 5b0-feet These--field-cut specimens will be shipped to the
laboratory where "peel and shear" tests will be conducted. Based on our preliminary
estTh~ate of the total job seam length, we have estimated that about 300 tests may be
required. -This number will vary depending upon the Contractor's specific layout of the
seams and the number of retest required. The number of conformance test required for
GCL, LLDPE Geomembrane and Geocomposite are estimated and could vary
depending upon the number of resin batches.
Copyright 2008, Kleinfelder
December 4. 2008
Exhibit A
Pa e2of5
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KLE/NFELOER
&IyM /ev)k. R~gI.I bLtiorn
During the landfill gas management system installation, Kleinfelder technicians will
observe and document the installation of the vertical landfill gas extraction wells and the
horizontal wells. Repairs to the existing cover and the new cover materials will also be
documented.
Engineering Supervision and FCSER: Kleinfelder's management and engineering
staff will supervise the field services, view construction procedures, interface with City
staff, supervise all laboratory testing and complete the documentation and cover
evaluation report. Mr. Don R. Rokohl, P.E. will be Project Engineer. Mr. Jerry Lipstreu,
S.E.T., Area Manager will provide day-to-day coordination with our field technicians. Mr.
Rokohl and Mr. Lipstreu will be available daily as needed to view general construction
operations and witness our field testing services. They will also maintain an on-going file
of the test results and other documentation, which will form part of the FCSER
document. We understand all surveying required for vertical and horizontal control of
construction will be provided by a third party. The third party will also furnish tabulations
of survey data for thickness verification of the protective cover and erosion layer.
The FCSER document will be complete and submitted in triplicate to the TCEQ as soon
as possible following completion of the final cover system and all laboratory verification
testing.
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 proposed
contractor's preliminary 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 (361-854-4774) 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 two sets of the approved project plans and specifications
prior to the start of our services. In addition, an onsite pre-construction meeting with all
^„^L,~~' ^,h°esas-alse-requested--
AUTHORIZATION
You may authorize this work scope by issuing a City of Corpus Christi contract.
CCH8P152 3 December 4, 2008
Copydght 2008, Kleinfelder
Exhibit A
Pa e3of5
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KLE/NFELOER
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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 ft?es.
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 the phase 4-6 final
cover, and we look forward to 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.
J~ru, S.E.T.
Area Manager
~ ~.~~;.
Don>f2. Rokohl, P.E.
Senior Oeotechnical Engineer
CCHSP152 4 December 4, 2008
Copyright 2008, Kleinfelder
Exhibit A
Pa e4of5
,.~• -. ~.
KLE/NFELOER
erv~*rtro~.. M~efavro~,
J.C. Elliott Landfill
Final Cover System Installation
Phase 4-6 and Landfill Gas Management System
Unit Prices and Fee Estimate
Description
Estimated Estimated
Quantities Unit Rate Total
A. Field Services
Geomembrane Services
O.T. Contingency
Soil Services (Clay Liner)
Soil Services (Protective Cover)
O.T. Contingency
Nuclear Gauge Charges
Vehicle Charge
1792 hr 53. 00 $94,976 .00
1368 hr 79. 00 $108,072 .00
200 hr 47. 00 $9,400 .00
360 hr 47. 00 $16,920 .00
270 hr 70. 00 $18,900 .00
25 days 80. 00 $2,000 .00
350 ea 30. 00 $10,500. 00
B. Laboratory Testing
Atterberg Limits 75 ea 78.00
#200 Sieve Tests 75 ea 34.00
Moisture-Density Curves 4 ea 230.00
Permeability -cover material 3 ea 325.00
Flexible membrane testing to include:
Destructive membrane seam tests, conformance testing
of geomembrane, GCL and geocomposite
Outside testing cost charged at cost plus 20% Estimated cost
Concrete cylinders 20 ea 20.00
GISIGPS equipment 77 days 100.00
C. Engineering and Preparation of FCSER
Senior Professional 315 hr 135.00
(Project Engineer)
Graphic Desigh 200 hr 53.00
(Drafting)
Project Manager/Administration Services 10% of Monthly Invoice
Estirl~ated Total:
CCHSP152
Copyright 2008, Kleinfeltler
$5,850.00
$2,550.00
$920.00
$975.00
$90,690.00
$400.00
$7,700.00
$42,525.00
$10,600.00
$42,297.00
$465;27500
December 4, 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, 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
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 forthe proper performance of
services by "LAB".
TERMS AND CONDITIONS TO AGREEMENT
(REVISED JANUARY, 1998)
PAGF 'I OF $
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
ananrleSllf__authDlltleS.._-- _.
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)
PAr;F 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
rnnstruction~r~ctice,_ihe_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.
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
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.
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applipble, answer with'NA'.
FlRMNAME: l~~C^^//V~CGpE~C.
sTREET: ~ v c v f4v~/3A~r.9~v~- ~(i ~ cmr: ~~iWf ~-Gr~ ~J~'~ zIP: ~~ y16
FlRM is: 1. Corporation ~ 2. Partrrership ^ 3. Sole Owner ^ 4. Association n
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 Departmerrt (d known)
~ l~
2. State the names of each "otTieiaP 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~~
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 CommiCee
N,~~
4. State the names of each employee or officer of a "consultant" for the City of Corpus~Chrisfi who worked on any
matter related to the subject of this contract and has an "ownership interest" eortstihrting 3% or more of the
ownership in the above named "firm".
Name %~ Consutlant
~.
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
wtihheki dsdosure of any information requested; and that supptemental statements xnll be promptly submitted to the Cily
of Corpus Christi, Texas as ch~ang-es occur. / ~1
Certifying Person: V ~22/~ G ! ~ ST2t=u- Tdle: /'i~Lr:A ~i(~~
(type or Prirrt) lZ /~
Signature of CertiGjrittg. Person:~vn r ~ Date: ~ l Jo