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HomeMy WebLinkAboutC2010-204 - 6/22/2010 - ApprovedAGREEMENT for Groundwater Monitoring and Services municipal Engineer"} authorized This AGREEMENT is between the City corporation, "CITY", acting through its dui and I[leinfelder, representative who of Corpus Christi, Texas, a Texas home-rule y authorized City Manager or designee ~"City Texas corporation ^r is yfah~-V 5. ~,,,~1~+ . Title}, which agree as f pa acting through its duly ~~~ (Name} 1. DECLARATIONS "CITY" desires tv engage "LA6" to provide services in connection with City's project, described as follows: J. C. Elliott Landfill - 2Q11 Groundwater Monitvring and Services [Prviect 52561 "PROJECT". 2. SCQPE OF WORK "LAB" shall provide services to the PROJECT in accvrdancewith the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions tv AGREEMENT attached as "Exhibit B" and Indernnification and Hold Harmless attached as "Exhibit C". 3. FEE The "CITY" agrees tv pay the "LAB" for services provided in accordance with Exhibit "A", 5cape of Services and Fee Schedule under this AGREEMENT, a total not tv exceed fee of $12D,ODD.DD (in figures}, [One Hundred Twenty Thousand and nylxx dollars [in words}, 4. CITY'S DISCLOSURE CF HAZARDaUS 8~ TQXIC MATERIALS AND CCNOITICNS 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 51TE are as follows: Nane. CITY OF CORPU CHRISTI By: ~ .~ ~ S o Johnny Perales, P.E. (Date} Assistant City Manager ATTEST: 4 Armand^ Chapa, City Sec ary (Date} RECOMMENDED: ~~~ ~~~ Pete Anaya, P.E. [Date} Director -Engineering Services APPR VED ~& TO FARM: ~ ~[~.[p Legal Department Date} Fundina Saurc~~ 53{l[l[}[Z'-1 f17f]-12530 2014-204 M2010-141 T 06/22/14 LAB: .~ (SIG ATURE} ~Da e} 32fi Industrial Drive [Address} Waco. TX 76790 (CitylStatelZip} 254-754-03fi9 Fax: 254-T54-0478 (PhonelFax Nv.} ~a - ~I ~~~~~~~z~ ~T C~dtllii:il ~ ~c~ S~CRfTIIRY ~~- Page 1 of 1 Kleinfetder ~N~E~~ r~~ i fCLEINFEL~ER Bright People. R~ghr Solurianz June 4, 2E}1Q Mr. Lawrence Mikoiajczyk Director, Solid Waste operations Cify of Corpus Christi 2525 Hygeia - P.O. Box 9277 C~fpL15 Christi, TX 7$4fi9- 9277 SUBJECT: Proposal 2010-2011 Groundwater monitoring and related services J. C. Elliott Landfill Corpus Christi, Texas Dear Mr. Mikolajcayk: We are pleased to submit the following proposal far professional environmental services. This proposal presents the scope of work for expanded groundwater monitoring. This proposal was developed an the basis of our discussions and retiew of our scope of worklcost during the East two years of groundwater monitoring at the J. C. Elliott Landfill. if a portion of this proposal does not meet your project needs, or if those needs have changed, Kleinfelder is prepared fo 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. SCDPE ~F BASIC SERVICES Pertormance Period The services proposed herein wiN be performed from August 1, 2Q10 to July 31, 2011. Project Summary Kleinfelder will conduct four sampling events for landfill monitor wells an quarterly intervals. These events will include combinations of detection monitoring for currently approved constituents, and background monitoring for new constituents required by TCE4. Both new and existing wells will be sampled for these new constituents. CTS10P059 Copyrigh[ 2010 ICle~nfelder Ail Rights RBsanred .tune 4, 2Q10 326 N. lndusirial Qrive, Waca T?C 76710 p J 254.754.0359 f' 254 154.0478 Exhibit A Pa e 1 of 4 Proposal for Envlronrnental 5ervlces Glty at Corpus Chrlstl, J. G. EIllott Larrdflll erection Monitoring KLElNPELOEi7 Detection monitoring during the performance period will include two monitoring events planned for January 2411 and July 2491. Kieinfelder will sample the 18 detection monitoring wells (MW- 41-49, MW-11-17} for the dissolved hazardous metals arsenic, barium, cadmium, chromium, lead, and selenium} and volatile organic compounds specified in the Groundwater Sampling And Analysis Plan (GWSAP}, Revision S, dated October 21, 2045. Background sampling for total concentrations of metals listed in the current GWSAP dated ^ecember 26, 2407 will be conducted concurrently in 23 welts. The planned sampling schedule is presented in Table 1. following each detection monitoring event, lCleinfelder will compare the semiannual detection monitoring results with background values for MW-D1 through MW-17, and if exceedances occur, Itleinfelder will prepare notification reports to send to TCEQ. The estimated cost of this activity is $41,444. Tabls 1 Planned Z€110-11 Sampling Schedule Wells 4ctvber 2©1D Janua 2011 Aril 2411 Jul 2011 Existing MWs 1-1? Background, 8 wells Detection, 1B wells Back round, 8 wells Background, 8 wells Detection, 16 wells back round, 8 wells New MWs 18-32 Background, 15 wells Background, 15 wells Background, 15 wells Background, 15 wells Total 23 wells 31 wells 23 wells 31 wells 8ackgrourrd Morriraring Background monitoring during the performance period will include two monitoring events planned for Qctaber 249D and April 2011. Background samples will be analyzed for total concentrations of 15 metals listed in the current GWSAP dated December 2B, 2407 in 23 older and recently installed wells. The planned sampling schedule is presented in Table 1. The estimated cast for the background-only sampling events is $34,4D4. 2414-91 Reaartr'na l(leinfelder will submit data quarterly to the TCEQ, and will prepare the 2014 annual groundwater monitoring report the in accordance with TCEQ requirements in the regulations and the Groundwater Sampling and Analysis Plan. This report is due 94 days after the last sampling event and is presently estimated far submittal in January, 2411. iCleinfelder will transmit one paper copy and one electronic copy of the report to the City of Carpus Christi and 3 paper copies to the TCEQ. The estimated cost of this activity is $27,DDD. CTS10Pfl58 Copyright 2010 Kieinfelder page 2 June 4. 2019 Exhibit A Pa e2of~ Proposal far E-+vironmental Servlces Clay of Corpus Christ!, J. C. Elliott l.andflil Verificafion Re-sampli~ n xcevnr~~~oER ~ .,„.M., ...,.,._, After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant changes t;SSG} have occurred. In the event that such changes have occurred, I{leinfelder will notify the TCEC] in accordance with the requirements as described above. ICleinfelder will conduct verification sampling of the we11(s} in which SSCs occurred. The proposed verification re-sampling budget allows for up to 1 day of sampling per re-sampling event pup to two annually} and an analytical budget of up to $5~~ per event. The estimated cost for this activity is $13,OQa. Cansulrirrp Services Consulting Services includes activities not specifically related to the collection, analysis, and reporting of data, 5uCh as permit modifications, alternate source demonstrations, and responding to TCEQ inquiries, notices of deficiency, or notices of violation. In addition, Kleinfelder may lend its expertise in others matters related tv groundwater, as requested by the City of Corpus Christi. The estimated cost for these services is $ 9,(144. Assumptions and Exclusions 1. TCEQ is expected to release new guidelines for Practical Quantitativn Limits of laboratory analyses. The new requirements and their potential impact to the sampling program is not known at this time, and have not been factored into cost estimates. 2. Sampling labor estimates are based vn sampling 4 wells per day. During the performance period, we anticipate changes in methods in addition to the initial sampling of new wells whose yield and stabilization characteristics are unknown. The assumed sampling rate may or may not be realized. 3. The extent of Consulting Services required during the project year cannot be fully anticipated. The budget should be understood t^ mean that I[feinfelder wit[ provide these services up to the budget amount at our rates existing a# the time of the service. ADDITIQNAL SERVICES The fallowing services are not included in the basic Services and will be considered as Rddirior:ai Services, if required or reques#ed: Meetingslinterviews other than those described in the Basic Services. The services of specialty subcvnsultants or other special outside services ether than #hose described in Basic Services. Any other services not specifically included in Basic Services. DELIVERAF3l_lES One signed, bound copy and one electronic copy of the annual report will be prepared and transmitted to the City of Corpus Christi. In addition, we will submit three hard copies of the annual report #o the TCE4. CT514P~58 Page 3 June 4, 2otA Copyright 216 Kleinfeider t=xhibit A Pa e 3 of 4 Proposal for Errvirortmentaf Services City of Corpres Cnrlstl, J. C. Elllo# Larralflll COMP~NSATtON n ffL~INF6L0ER ICieinfelder proposes to perform the Basic Services an a Time and Materials basis far $1 ~0,41]tl. This amount will not be exceeded without prior approval. The Client and Ileinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensa#ian. LIMITATIONS Qur work wiEl be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of f{leinfelder'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, ar instrument of service provided. This proposal was prepared specifically far the client and its designated representatives and may not be provided to others witlrouf l[leinfelder's express permission. AUTHORIZATION Your standard service agreement can be used to authorize #hese services. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions ^r need additional information, please do not hesitate to calf. We are committed to assist the City to ensure the success of this project. Sincerely, ItLEINFSLD~R CENTRAL, INC. Texas Registered Engineering Firm - F5592 ~~ ~ tJ~T=~.~ ~I'~ 'ILL Henry t.. Fleischhauer, P.G. Winfield ~. McAtee, P.G. Field Project Manager Project Manager {254} 754-0369 CT510P059 Page 4 June 4, 2(31 Copyright 210 Kle+nFelder Exhibit A Pa e 4 of 4 EXHIBIT "B" TERMS AND CDNDITIQNS TD AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services reques#ed 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 5aciety for Testing and Materials, where applicable, yr 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, tagetherwith 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 ^r agencies specifically designated in writing by the "CITY ENGINEER". 1.fi Retain records relating to services performed for "CITY" far 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.? 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 RESPGN51BfLlTIES: City Engineer or authorized representative will: 2.1 Provide "LA6" with all plans, specifications, addenda, change orders, approved shop drawings and other informa#ivn for the proper performance of services by "LAB". TERMS AND CaNDITIGNS TG 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 tv be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials #ested or inspected are in non-compliance. Only the "CITY ENGINEER" yr 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 tv allow far 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 yr direct written ^rder to: I{a} Stop work at the appropriate times for "LAB" tv perform contracted services; [b} Furnish such tabor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and tv facilitate the specified inspection and tests; [c} Provide and maintain far use of "LAB" adequate space at THE PROJECT far safe storage and proper curing of test specimens which must remain on THE PROJECT site prier to, during, and up to 5~ days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAS", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities ^r authorities with regard to THE PROJECT which, by custom ar contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is hat authorized to supervise, alter, relax, enlarge ar release any requirement of THE PROJECT specifications or other contract documents nor to approve yr 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" wilt not assume responsibility for PRGJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understand 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. Far 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" yr any other party. X1.2 Samples collected yr 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 tv the sample. Fglfowing the retention period, "LAB" will dispose ofnon-hazardous samples, and return hazardous, acutely toxic, yr 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 ether warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation ^r 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~JECT~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 DSHA. The duty of "LAB" in providing services is not, therefore, tv include any review of, yr responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, an, or near THE PROJECT site. TERMS AND CONDITIONS TO AGREEMENT REVISED JANUARY, 1 S98} PAGE 3 of 4 ARTICLE 7. iNVGICES 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 3D days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT DF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and #hese terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations yr agreements, written or oral. This AGREEMENT may be amended ^nly by a written instrument signed by duly authorized representative of "CITY" and "LAB".1f 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 ar mare of the provisions contained in this AGREEMENT are for any reason held invalid, illegal ar unenforceable in any respect, the remaining terms will be in ful! 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 laharatary procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. TERMS AN^ CoNpITIQNS TO AGREEMENT ~REVISE^ .IANUARY, 1998 PAGE 4 of 4 Exhibit C Mandatory Requirements INDEMNIFICATION AND HDLD 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 held it and #hem 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 or alleged negligent performance of services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole yr concurrent negligence of the City of Corpus Christi, its officers, agents, servants, yr employees, yr any other person indemnified hereunder. SUPPLIER NUhll3ER TO BE ASSIGHI;p t3YCl'r~`~~ ~ PURCHASING QIViSION Cuy nr CIT'Y OF CORPUS CHRISTI €~t; DISCLOSURE ~F INTEREST City of Corpus Christi Ordinance l7l 1 Z, as amended, requires all persons or firms seeking to do business with the City to pmvidc the fallowing information. Every uestion, must be answered. IF the question is not a~ficable, answer with 'NA". See reverse s~e for Flling Requirements, Certifications and definltlans. n CQNiPANY NAM11:; 1~1~~~r~Y r~.~7i~rn~ ,~t~tt~ _ ~. a, eax: STREET ADDRESS: _ ~~o,,, ~,~ J CITY: ZIP: ~ry~_ FIRM IS: i. Corporation ® 2. Partnership a 3. Sole t7wner ^ d. Assorlati+rn 3. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this paga or attach separate sheet. I. State the names of each employee" of the City of Carpus Christi having an "ownership interest" constituting 3°ro ar mere of the ownership in the above named "f rm ' Name Jab Title and City Qepartmcnt cif 1<nowny 2. State the names of each '`offic'ial" of the Ciry of Carpus Christi having an "ownership interest" constituting 3°/o ar mare of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the Ciry of Carpus Christi having an "ownership interest" constituting 3°/o ar mare of the ownership to the above named "firrti:' Name Board, Commission or Committee 4. State the names of tech employee ar officer of a "consultant" for the Cit of Corpus Christi who worked on any matter related to the subject of this costtract and has an ownership interest" constituting 3°/° ar more of the ownership in the above named "firm." Name Consultant FILI111G REQllIREMENTS if a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Drdmance Section 2-344 (d}] CERTIFICATION I certify that all information provided is true and correct as ^f the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur, Certifying Person: Ja1~N S • ~ o1-~/yll3H Title; V 1 GE D~VT (Type or Prins} Signature of Certifying Date: ~IQ~ ~ Person: 1 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stack company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, ^eputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court fudges of the Gity of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.