HomeMy WebLinkAboutC2009-259 - 7/14/2009 - ApprovedAGREEMENT far
groundwater Monitoring and services
This AREEIENT is between the City of Corpus Christi, Texas, a Texas hone-rule
r~unicipal corporation, "CITY", acting through its duly authorised City Manager or designee ~"City
Engineer"}, and l~leinfe~der, a Texas corporation or parknerhi , "LAB'"~ acting through its duly
authorised re reentative rho i ~~ ~ # v ~ ~~~~ {Name}
p
~Title~, utirhich agree as follov~rs:
~ , DEDLARATION "CITY" desires to engage "LAB" tv provide services in connection
Frith City's project, described as follo~rs: J. . Elliott Landfill ~ ~~~ 0 round rater Monitorin and
services ~Praiect 52~~~ `{PROJECT",
2. SCOPE F V11~~1~ "LAB" shall provide services to the PROJECT in accordance vuith
the accor~panying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and
Conditions to AREEI~IENT attached as "Exhibit B" and lnder~nif~cat~on and Hold Harmless attached as
"Exhibit C"'.
. FEE The "CITY" agrees to pay the "LAB" for services provided in accordance with
Exhibit "A", scope of Services and Fee Schedule under this ARE~IENT, a total not to exceed fee of
din figures}, One Hundred Eighty Tvuo Thousand Five Hundred and nolxx dollars {in
words} ~ ~ ~
4. CITY'S DILURE OF HA~ARD~US TOXIC MATERIALS AND CONDITIONS
AT THE PROJECT SITE. Based upon currently available inforrr~ation, the only hazardous or toxic
materials, a defined by the 1a~rs and regulations of the Federal government, the state, and city v~rhih
exist at the PROJECT SITE are as folios: None.
CITY OF CARPUS CHRISTI
Oscar Martinez (Date)
Assistant City Manager
ATTEST:
7/i ~/~ f
Armando Chapa, City SecrLtary (Date)
RE~MMEN~ED:
7 ~ o,~
Pete Anaya, P.E. Date)
Director -Engineering Services
APPROVED A TO FORM:
~~~ ~
Legal Department (Date)
~~09y~S~ ~ ~5~~
a~~~~~o~
f~lei~fe~der
LAB:
B~ ~
(SI NATURE (D te)
32 industrial Drive
Address}
vl~aco, T~ 7G~ ~ D
~ityltatel~ip}
~4~~5~-gfig Fax: ~4~1~4R047~
(Phone/Fax No.}
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Page 1 of 1
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KLE/NFEL~ER
Bright People. Rrght Solutions.
May ~9, ~aa9
Proposal ~a. UVAC9P~~9
Attn. Mr. Lawrence Mikolajc~yk
Director, valid vVaste operations
City of Corpus Christi
~~~~ Hygeia - P.O, Box 977
Corpus Christi, T ~84~9- 9~`~~
SUBJECT; Proposal
August ~~~9-~~~ o groundwater rr~onitoring and services
J.C. Blliott Landfill
corpus Christi, Texas
Dear Mr. Mikolajczy~C:
3~6 N. industrial Drive
Waco, T~(
771 i}
pl ~~a,~~~.~~~~
f~ ~4,1~4.~478
kieirrfelder.com
Vl~e are pleased to submit the following proposal for professional environmental services. This proposal
presents the scope of work for groundwater and methane monitoring This proposal way developed
from our discussions and review of our scope of warklcast during the last faun years of groundwater
monitoring at the J.C. Elliott Landfill,
If a pardon of this proposal does not meet your project needs, ar if thane 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 assesrr~ents, as well as adjustment to our
fees.
SCOPE OF BASIC SERVICES
Performance Period
The services proposed herein will be performed from August 1, 2~g9 to July ~~, 2a1 ~.
Detection Monitoring
The recent position paper by the TC~G~ 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 performance period
rill inolude two monitoring events in January ~a~ a and July ~g1 a far previously existing wells, MW-a1
to N11~09, and MvV-11 to MvIJ~1 ~, .
l~leinfelder proposes to sample the existing 1 ~-well system for the current constituent list ~VI~AP
~eviian ~, October ~1, ~a0~}. This activity will be in accordance with established sampling
procedures and wil! comply vuith the new G1~VAP except far the constituents} and the TCEQ position
paper. During the de#ection manitaring events, Kleinfelder gill also conduct background sarripling far
nevtir constituents in near wells and wells that will be retained in the future monitoring network,
~6~~9PRDP 11NA~9P~29
Copyright ~~D~ Itleinfelder
I~r~ Lawrence Mikolajczyk ~~~ ~, Industrial Drive
a 29 2009 warn, Tx
y " ~s~~~
gage ~ ~~ ~~a,rs~.osa
f~ 254.54.047
kleinfelder.c~m
Kleinfelder will prepare an Annual Report for the 2009 calendar year Vl~e will transmit ~ copies to the
City and ~ copies to the TCEQ. The anticipated due date is late December 2009.
The estimated cost of this activity is ~ 49,~0.~0.
Background Monitoring
The new permit specifies sampling TCEQ-required constituents fifteen metals plus volatile organics}.
Background monitoring far these constituents in new and existing wells is required, end will commence
after well and pump installation is complete. Background sar~pling will be restricted to the ~4 new wells
~NfVl~s ~ 9'32 and the 9 existing wells that v~ill comprise part of the future monitoring network ~I~I~s ~ , ~,
~, 5, 7, 12,1 ~- ~ ~}
The projected sampling deter during the performance period are ~ctaber ~ODg, and January, April, July
2010 Kleinfelder will conduct the January and Jufy 214 quarterly background sampling events
concurrent with detection monitoring events, and the associated oasts are included with the above
detention monitoring scope. The twenty~three wells comprising the new system will be sampled only for
the constituents listed in the 2008 OAP in October 2008 and April 24~ ~~
The estimated cost for the 2 quarters of background sampling that will be conducted separately from
detection monitoring is ~4,100.~~.
Verification ar~rpli~g
I~istarically, apparent statistically significant changes have occurred for one or more constituents in one
or more wells, 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 gill notify the TCE in accordance with the requirements, and conduct verification sampling
of those ~rvells in which Cs occurred. The proposed budget includes one verification re~sampling per
detection monitoring event two annually} if required.
The estimated cost for this activity is ~3,80~,00.
Methane Monitoring
Kleinfelder will conduct quarterly methane monitoring at the ~. C, Elliott landfill. Data will be transr~itted
via fetter report to the City.
The estimated cos# for this activity is 4,04.00
ether ~onsuit~ng ~errrices
Kleinfelder has been called upon to lead its expertise in a number of matters refs#ed to groundwater
monitoring and permitting at the J. C, Elliott Landfill. VI{e have included in this proposal a limited ~`an-
call" budget for these services that will be expended as requested by the City. In addition, this budget
can be e~cpended far unforeseen project conditions with approval from the City.
The allowed cost far these services, if required, is $ 5,000.
Exhibit A
Pa e2of4
Mr. Laurence Mikola~c~yk
May 29, 2~D9
Page 3
~2fi N. Industr+al Drive
Waco, T~
~s~~~
P~ 254.154.03fi9
f~ ~~4.~5~.0~~8
kleinfelder,~om
Assurr~ption and Exclusions
1, Far detection and background monitaring of new wails, we have assumed that law-flow sampling
{micro~purge~ methods are appropriate and feasible, Insofar as the performance of new wells i
unknown, we have assumed that well yield and parameter stabili~atian will allow us to sar~ple at a
rate of wells per day, The casts do not include rental of purge pumps far standard purging if law-
flawmethods are not feasible. .
~, Three quarters of sampling will occur in 20~ 0, Preparation of the 2010 annual repack is not included
as this will fall outside the contract period,
3, It is assumed the purged water Pram monitor wells can be disposed of an-site as in the past, Costs
for other disposal are not included.
4, Costs far delays due to weather or other unforeseen circumstances are not explicitly included in tine
cast estimate. I~Cleinfelder will attempt to cover the cos#s of such circumstances within the existing
budget to the extent possible, but reserves the right to request change orders if necessary,
5. Casts far verification re~sampling are based an tl~e fallowing assumptions: ~} one re^sampling
event per detection monitaring event lasting ~ days; 2} Analyses each event include 5 metals and ~#
volatile sample, Cost far additional sampling and planning and implementing assessment
monitoring, if necessary, are not included,
~, The costfor other consulting services is for approximately 1 week of a senior staff member.
ADDITIONAL ERIIICE
The following services are not included in the Basic services and will be considered as ~4~f~i~iorrai
services, if required ar requested:
• Meetingslinterviews other than those described in the Basic services,
• The services of specialty subconsuitant or other special outside services other than those
descriied in Basic enrices,
• Any other services not specifically included in Basic services.
D~Ll11ERABtiE
Four signed, bound copies of the 2009 annual report transmitted to the City of Carpus Christi and three
copies will be submitted to the TCEC~. one copy of the letter report far methane monitaring will be
transmitted quarterly to the City,
C~I~~ENATI~N
ICleinfelder proposes to perform the Basic services on a Time and Materials basis f or ~~ 8~,5~0, 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,
LI~IIITATI~N
fur work will be performed in a manner consistent with that level of care and skill ordinarily exercised
by other mer~bers of l~Cleinfelder's profession practicing in the same locality, under similar conditions
and at the date the services are provided, fur conclusions, opinions and recommendations will be
based on a limited number of observations and data. It i passible that candi#ions could vary between
Exhibit ~1
Pa e3af4
Mr. Lawrence Mikolajc~yk ~~~ ~v. Industrial Driue
warn, TX
May ~9, ~~09 ~~~~~
Page 4 I~! 2a,1~4,03~~
f~ ~~4.~~4.~4~8
i~Ielnfelder.com
ar beyond the data evaluated. Kleinfelder makes no guarantee or warranty, e~cpress or implied}
regarding the services, communication coral ar written}, report, opinion, or instrument of service
provided.
This proposal was prepared specificaliy for the client and its designated representatives and may not
be provided to others u~r'~ho~~ ~C1ei'r~~el~er's express permrrar~.
AUTi~~RIZATI~N
Your standard service agreement can be used to authorize these services if agreeable, UVe appreciate
the opportunity to submit this proposal for professional environrr~ental services. if you have any
questions ar need additional infarrnatianr please do not hesitate to call,
Best regards,
~[LEINFELDER CENTRAL, IIVC.
Henry L. Fleischhauer, P..
Field Project Manager
~~4-1~4~03fig
Scott M. I~angerrnan, P,E.
Project Manager
Exhibit A
Pa e4of4
TERMS AND CONDITIONS TO AREEII~ENT
ARTICLE ~. ~ERVICES~ "LAB" will:
1.1 Provide only than 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 far Testing and Materials, where applicable,
ar other standards designated in writing by the "CITY ENGINEER"F
~.3 Promptly submit formal reports of tests, inspections and services performed
indicating, where applicable, compliance with the PROJECT speci~tations ar
other contract documents. such reports must be campkete and factual, citing the
tests perforrrred, methods employed, values obtained, and parts of the structure
of THE PROJECT area subjected to any testing.
~ .4 l~tilize testing equipment which has been calibrated according to applicable
standards and, upon request, subr~it to the "CITY ENGINEER", ar his authorized
representative, documentation of such calibration.
Becure representative samples of those materials that the City's Contractor
proposes to use which require testing, together with relevant data concerning
such rr~aterials including the point of origin and supplier.
1.5 Consider reports to be confidential, and distribute reports only to those persons,
organizations ar agencies spetifrcaliy designated in writing by the {'CITY
ENGINEER".
~ .~ Retain retards relating to services performed far "CITY" far a period of two years
fallowing submission of any reports, during which period the retards will be made
available to the "CITY" at all reasonable times.
~.~ Pay salaries, wages, expenses, social security taxes, federal and state
unemployment taxes, and any other similar payroll taxes relating to the services,
ARTICLE ~. CITY RESppNaIBILITIE: Mty Engineer or aut~r~rized representative will:
~.~ Provide "LAB" with all pions, specifitatianS, addenda, change orders, approved
chap drawings and other information far the proper performance of services by
,SLAB",
~,~ Issue authorization in writing giving „LAB" free access to THE PROJECT site,
and to a!I shops or yards where materials are prepared ar stared.
~,~ Designate in writing those persons ar f~~ms which will act as the "CITY'S"
representative with respect to "CAE's" services to be perforr~ed 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 ir~farrnation and data, interpret and define the CITY'S policies
and decisions with respect to THE PROJECT. "LAB" acknowledges that cerkain
"CITY" representatives may have different types of authority concerning THE
PROJECT.
Revised January 199}
Exhibit "B"
Page 1 of 3
~.4 Advise "LAB" sufficiently in advance of any operations sa as to allow far
assignment of personnel by "LAB'" far completion of the required services. Such
advance notice will be in accordance with that established by rr~utual agreement
of the partiesF
~.b Direct THE PRGJECT contractor, either by the Construction Contract ar direct
written order ta:
~a} Stop work at the appropriate times for "LAB" to perform contracted
F
services;
fib} Furnish such labor end all facilities needed by "LAB" to obtain and
handle samples at THE PRGJECT and to facilitate the specified
inspection and tests;
~c~ Provide and maintain far use of "LAB" adequate space at THE
PRGJECT far safe storage and proper curing of test specimens which
must remain an THE PROJECT site prior ta, during, and up to fiD days
after testing.
ARTICLE 3. GENERAL GNDITIONS
3.1 "CAB", by the performance of services covered hereunder, does not in an~r way
assume, abridge ar abrogate any of those duties, responsibilities or authorities
with regard to THE PROJECT which, ~y custom or contract, are vested in THE
PROJECT architects, design engineers, or any other design agencies ar
authorities.
~.~ "LAB" is not authari~ed to supervise, alter, relax, enlarge or release any
requirement of THE PRGJECT specifications ar other contract documents nor to
approve or accept any portion of the work. "LAB" does not have the right of
rejection or the fight to stop the work. "CITY ENGINEER" will direct THE
PRGJECT contractor to stag work at appropriate times far "LAB" to conduct the
sampling, testing, or inspection of operations covered by the AGREEMENT.
ARTICLE 4. FIELD I~GNITORING AND TESTING
~4.1 "CITY" and "LAB" agree that "LAB" will be an-site to perform inspections for
contracted services, The "CITY" and "LAB" also agree that "LAB" will not assume
responsibility far PRGJECT Car~tractar's means, methods, techniques,
sequences or procedures of construction, and it is understood that the final
services provided by "LAB" will not relieve the PRGJECT Contractor of his
responsibilities far 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 moan 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.
Revised January ~ 998}
Exhibit "B"
Page ~ of 3
4.2 Bamples collected ar 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 ~~ days
fallowing the date of submission of any report related to the sample. Following
the retention period, "f.AB" will dispose of non~hazardaus 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 ~F CARE ANC 1NARRANTY
Services performed by "LAB" will be conducted in 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 lacal~ty, hia
other warranty either expressed ar implied is made ar intended by the
AGREEMENT ar any reports. "LAB" wil! not be responsible for the interpretation
ar 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 PR~,IECT' general contractor will be solely and
completely responsible for working conditions an THE PROJECT, including
safety of all persons and property during the performance of the work, and far
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 af, or responsibility forr the adequacy of the PROJECT'S
general contractor's safety measures in, an, ar near THE PROJECT site.
ARTICLE 7'. IN1I~ICES AND PAYMENT
"LAB'" will submit progress invoices to "lTY ENGINEER" monthly and final
invoice upon completion of services Each invoice is due and payable by "CITY"
within 3Q days of receipt and approval to pay by the City Engineer.
ARTICLE 8. E~CTENT ~F AGREEMENT
S.1 This JAREEMENT, including Exhibit "A" and these terms and canditians,
represents the entire AREE~IENT between "CITY" and "LAB" and supersedes
all prior negotiation, representations or agreements, written or oral. This
AGREEMENT may be ar~ended only by a written instrument signed by duly
authorized representative of "CITY" and "LAB". !f any conflict occurs between
these terms and canditians and this AREENIENT, these terms and conditions
are controlling.
8.~ In the event that any one ar mare of the provisions contained in this
AGREEMENT are far any reason held invalid, illegal or unenforceable in any
respect, the remaining terms will be in full effec# and this AGREEMENT will b
construed as if the invalid ar unenforceable matters were never included in this
AREEI~ENT, Na waiver of any default will be a waiver of any future default.
~.3 Neither party will assign this JA~REEMENT 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.
Revised January 1998
Exhlb~t ii~1J
Page 3 of 3
Exhibit C
Mandatory Requirements
IND~MNIFICATI~N AND HELD ~iAI~I~L~
Lab agrees to inderrrnify, save harmless and defend the City ~# Corpus Christi,
and its officers, agents, servants and employees, and each of them against and
hold it and there harrriless 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, o~ any death at any time resulting from
such injury, or any damage to any property, to the extent caused by Lab's
negligent or alleged negligent performance of services covered by this contract.
The foregoing indemnity shall apply except if such injury, death or damage i
caused by the sole or concurrent negligence of the City of Corpus Christi, its
officers, agents, servants, or er~ployees, or any other person indemnified
hereunder.
,, ,
'' ~ 1~ 0~
Ei~H~~IT ~
~~15
~1~15t1 CITY OF CDRPU CI~RISTI
DICLpURE ~F INTERET
City of Corpus Christi Ordinance 1 T1 ~ , as amended, requires all persons ar firms seeking to do business with the City to
provide the following information. Every question must be answered. ~f the question is not applicable, answer with QNAa.
FlRllrl NAt~IE.... .......,..,, ...........~~....~~... ~~.~,.+~.~,.~. ~ ...............~,,....,.............,.....,.....~,..,~...,~...~,..,..
t
STREET:........ ,... .. .. .~"'.... 4..~,..~., CITY:., ....~-~.. F ,....... ZIP:..~..~„~.,,
FIRM is 1. Corporation [~ ~, Partnership [ ~ 3. dale pwner ~ ] 4. Association I l
5. ether [~ ~....,.....~~,,....,,....~.,...~ ....................................................................~.,.~,,.,..........................,,...,..
D1LOURE C~ETI~N
if additional space is necessary, please use the reverse side of this page or attach separate sheet.
~ . state the names of each "employee" of the City of Corpus Christi having n uownership interest" constituting 3°l0 or more of
the ownership in the above named "~rm~.
Name Job Title and City Department cif known}
2. state the naves of each "aff~cial" of the City of Corpus Christi having an uownership interact" constituting °lo or more of
the ownership in the above named "firrr~°~
Name Title
.~~iii ~ ~ F. .................r. ~ii~*~. ~~~F...............,, ~..~.....................,,~~~~~~Fi~..........~.......i~~iir~~............~..,... ........ .. ...~..,~~F~... ..
.~~.,ii~~~~~lF1 ...................•.«.~~~~~~~....................~ .~....................~...~~~~~................,...... Fllli ~.~~~.~.~...~.....~.......~.., ....... ..I.F11 ~. ~.
3. state the names of each "board member' of the City of Corpus Christi having an "ownership interests constituting 310 or
more of the ownership in the above named "firm".
Name Board, Commission or Committee
......~...........~.~~~...~ .............~......... F11 .~. ~......~.. F111~~.....~...............~. ~y~~llF...~....~.....................~.~..,~fYFI. ~.~~...... .. ~.~.. F. ..... ~.,
..
4. state the names of each employee or officer of a "consuitant"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°l0 or more of the ownership in the
above named "firm°.
Name Consultant
....~~~, i1~~~YFF111............• ...............~~YFF111.......•... FF111~~•~.................~~~~~~~~~+~.......FF..~..~.....~.........~..,..... ....,... ~YFllli ~~~i Ffl l~~~l f...
CERTIFICATE
I certify that all infarrnation provided is true and correct a of the date of this statement, that I have not knowingly withheld
disclosure of any informatics requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
r n:... ~~... ..... ~l~.~ ................
Certifying Pe so ... .~ ...~,~~, ~?~..,,. .,~~ Title:. .~..~~, .....,. ..,
or P
signature of Certifying Perso F ~.. ...... ~ .,, ..... Date:....r~...~.« ..................~.........,....,~~,..
Exhibit D
Page ~ of ~
~~F~NITIaN
a. "Board. Member". A member of any board, comm~ss~on ar cvmmfttee appa~nted by the C~~r
ounc~l of the City of Darpus hrit~, Texas.
b. "employee". Any erson employed b the pity of corpus Christi, Texas, either on a full or part
time basis, but no as an independen contractor.
c "Firm". Any anti opera#ed far economic ain, ~rhether professional, industrial or commercial
and v~hether esta fished to produce or dea Frith ~ product or service, including but not limited ~v,
entities operated in the form of sale proprietorship, ~ as self-em Ioyed person, park~ersh~p,
corporation, pint stack compan ,faint venture, receivership or rust and entities which, for
purposes of axation, are treate as non-profit organi~ations~
d. "official". The IUlayvr, mer~bers of the Dit~ council, pity Manager, Deput pity IUlana fir,
Assistant pity Managers, Department and Div~s~on Heads and Municipal court udge ofthe qty
of Dorpus Christi, Texas.
e, "ownership Interest". Le al or equitable interest, ~rhether actually or constructively,held, irr a
firm, includin vuhen suc interest, is held through an ,agent, trust, estate or holding entity.
"constructive y held" refers tv hold~n~ or control established through voting trusts, proxies or
special terms of venture ar partnership agreer~ents.
f. "~orrsultant". Any person or firm,~such as en infers and architects, hired by the pity of corpus
Christi for the purpose of profess~anal consu tat~on and reccmmendatian.
~xhi~it D
Page ~ ~f ~