HomeMy WebLinkAboutC2009-044 - 2/10/2009 - 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 partnership, "LAB", acting throu h its duly
authorized representative who is t/o/fN S, LoriMAN Cytc.e: PREStDCnIT'~ (Name)
(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 Valenzula Landfill - 2009 Groundwater Monitoring and
Services (Project 5262) "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" and Indemnification and Hold Harmless 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 not to exceed fee of
$153,400.00 (in figures), (One Hundred Fifty Three 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: ~~i~-7~YYl~ ~•~~~af
Oscar Martinez (Date)
Assistant City Manager
ATTEST:
m- Z/~a/mss
Armando Chapa, City Secretary (Date)
Pete Anay~P.E. - (Date)
Director -Engineering Services !~ ~~~/~c~
APPRO ED AS TO FORM:
Legal Department (Date)
LAB:
By. a..c.~._ t zZ o9
(SI ATURE) (Date)
326 Industrial Drive
(Address)
Waco, TX 76710
(City/State/Zip)
254-754-0369 Fax:254-754-0478
2009-044 .12506
M2009-034
02/10/09
(Phone/Fax No.)
at)U -~3 .AUTHOKItE~~
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SECRETARy~•
Page 1 of 1
Cleinfelder
t%
KLE/NFELOER
~\ /' Bright People. Right Solutions.
January 8, 2009
Proposal No. WAC9P011
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
Cefe Valenzuela Landfill
Corpus Christi, Texas
Dear Mr. Mikolajczyk:
326 N. Industrial Drive
Waco, TX
7s7to
PI 254.754.0369
fl 254.754.0478
kletnfelder.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 the installation of new pumps.
This proposal was developed based on our discussions and review of our scope of work/cost during the
last two years of groundwater monitoring at the Cefe Valenzuela 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,
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
Performance Period
The services proposed herein will be performed from February 2009 to March 2010.
Detection Monitoring
The recently released position paper by the TCEQ states that detection monitoring must be continued
in existing monitoring networks until new wells are installed and background sampling for new wells and
06809PROP / WAC9P071 f EX Bp@?l ' 009
Copyright 2009 Kleinfelder
Pa e 1 of 5
Mr. Lawrence Mikolajczyk 326 N. Industrial Drive
January 8, 2008 wa~s7io
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new constituents has been completed. Continuation of detection monitoring during the performance
period will include two monitoring events in February 2009 and August 2009.
Kleinfelder will sample the existing 18-well system for the current constituent list (GWSAP, Revision 1,
February 5, 2007). Background sampling for new constituents in new and existing wells will commence
in August (under the assumption that permit revisions are approved and new wells have been
installed), and will be conducted concurrently with the detection monitoring event. The planned
sampling schedule is presented in Table 1.
The estimated cost of this activity is $84,500.
Table 1 Planned 2009 Sampling Schedule
Wells Februa Au ust November
Existin Detection Detection, Back round Back round
New NA Back round Back round
Total 18 wells 31 wells 31 wells
Background Monitoring
The proposed Groundwater Sampling and Analysis Plan that was recently submitted to TCEQ includes
the 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 for new wells. Presently, planned new wells include 5 monitor wells (MWs 40-44) around the
south side of the leachate pond and 8 monitor wells (MWs 15-19, 45-47) around Unit 1. The latter wells
are being installed to achieve the new spacing requirement and costs for background sampling are
included in the contract for well installation.
The planned background sampling dates during the performance period are August and November,
2009. Kleinfelder will conduct the August quarterly background sampling events concurrent with
detection monitoring events, and the associated costs are included with the detection monitoring.
Background sampling will be conducted quarterly thereafter (Table 1).
The estimated cost for the 1 quarter of background sampling that will be conducted separately from
detection monitoring is $39,400.
New Pump Installation
New wells will require dedicated pumps for long-term monitoring.
06809PROP/ WAC9P011 2 EXh 2008
Copyright 2009 Kleinfelder
Pa e2of5
Mr. Lawrence Mikolajczyk
January 8, 2008
Page 3
326 N. Industrial Drive
Waco, TX
7x710
pl 254.754.0369
fl 254.754.0478
kleinfetder.com
Kleinfelder will prepare specifications for pump fabrication and will install new bladder pumps in the
thirteen wells that will be added to the new monitoring system. The pumps will be constructed of
chemically resistant plastic suitable for groundwater monitoring.
The estimated cost of this activity is $17,400.
Sampling Contingencies
Kleinfelder will evaluate detection monitoring data after each event to determine if statistically
significant changes have occurred. In the event that such changes have occurred, Kleinfelder 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. If not expended,
this can be used as a contingency for unplanned additional costs such as weather-related delays,
slower than anticipated sampling, etc.
The estimated cost for this activity is $7300.
Other Consulting Services
Kleinfelder has been called upon to lend its expertise in a number of matters related to groundwater
monitoring and permitting at the Cefe Valenzuela Landfill. We have included in this proposal a limited
"on-call" 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 $4800.
Assumptions and Exclusions
1. The. proposed modifications to the Groundwater Sampling and Analysis Plan will be approved in
2009.
2. New wells proposed along the perimeter of Unit 1 and the new wells approved for installation along
the south side of the leachate pond will be installed and ready for background sampling
commencing with the second detection monitoring even in August 2009.
3. Sampling labor estimates are based on sampling an assumed number of wells per day. During the
performance period, we anticipate changes in methods in addition to the addition of new wells
whose yield and stabilization characteristics are unknown. The assumed sampling rate may or may
not be realized.
4. Pump configuration is dependent upon the final depth of the well below top of casing, which is
unknown for new wells at this time. The proposed cost is based on an assumed average depth of
06809PROPl WAC9P011 3 Ex 008
Copyright 2009 Kleinfelder
Pa e3of5
Mr. Lawrence Mikolajczyk 326 N. Industrial Drive
January 8, 2008 wa7s~7to
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wells. Vendor rates may change, so the proposed cost contains a contingency for reasonable cost
increases.
Costs for verification re-sampling or weather related delays allow for 3 days and analysis of 1
sample for a complete suite of analytes
6. 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 $ 153,400. 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.
LIMITATIONS
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/ WAC9P071 4 Ex RyHa~ 008
Copyright 2009 Kleinfelder
Pa e4of5
Mr. Lawrence Mikolajczyk
January 8, 2008
Page 5
326 N. Industrial Drive
Waco, TX
75710
pl 254.754.0369
fl 254.754.0478
klelnfetder.com
This proposal was prepared specifically for the client and its designated representatives and may not
be provided to others without Kleinfelder's 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 call. We are committed to assist
the City to ensure the success of this project.
Best regards,
KLEINFELDER
Henry L. Fleischhauer, P.G.
Project Manager
Scott Langerman
Central Texas Area Manager
(254) 754-0369
06809PROPl WAC9P011
Copyright 2009 Kleinfelder
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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 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 pertorm 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 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
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 ofservices 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 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 or fines 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'.
FlRM NAME: Kleinfelder Central Inc.
STREET: 326 N. Industrial Dr. CITY: Waco, TX 27p; 76710
FlRM is: 1. Corporation ~ 2. Partnership o 3. Sole Owner o 4. Assoaation v
5. 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" constituting 3%
or more of the ownership in the above named "firm".
Name Job Tine and Cily Department (rf known)
N/A
2. State the names of each °otfieiaf of the City of Corpus Christi Curving an "ownership irrberest" constituting 3% or
more of the ownership in the above named "firm".
Name Title
N/A
3. Stale 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".
Nye Board, Comm'sson or Committee
N/A
4. Slate the names of each employee or otTicer of a "consultant" for the City of Corpus•Christi who worked on any
matter related to the subject or this contract and Furs an "ownership interest" constituting 3% or more of the
ownership in the above named "firm".
Name Consultant
N/A
CERTIFlCATE '
I certify that all information provided is true and correct as of the date of this shatemerrt, that I have not knowingly
Nrtihhetd dsdosure of any mfortnation requested; and that supplemental statemerds Nell be promptly submitted th the City
of Corpus Christi, Texas as changes occur. '' //
Certifying Person: tic f/V .5. LoyM~ Tile: UlCt: /~SrDEJV7'
(Type or Print)
Signature of CerSfyirtg. Person: D~• 1~zTX