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HomeMy WebLinkAboutC2010-205 - 6/22/2010 - 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 through its duly authorized representative why is cJo ~ 5, 0 1 ~iQ~~~~ {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 - 20_11 Groundwater Monitoring and Services ~Pro1ect 5262 "PRDJECT". 2. SCOPE OF WORK "LAB" shall provide services to the PROJECT in accordancewith 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 Hv1d 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 tv exceed fee of $~143.Ufl0.Q0 {in figures}, One Hundred Fo Three Thousand and nolxx dollars {inwards}. 4. CITY'S DISCLOSURE OF HAZARDOUS ~ TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. Based upon currently available information, the only hazardous ar toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PRDJECT SITE are as follows: None. CITY OF CORPlJS CHRISTI gy; ~ ~ zr ~ Johnny P roles, P.E. {Date} Assistant City Manager ATTEST• ~ ~1~ Armando Chapa, City Secretary {Date} LAB: B~ ~ {S NATLIR {Date 326 Industrial Drive {Address} Waco, TX 76710 {CitylStatelZip} 254-754-03fi9 Fax; 254-T54-0478 RECOMMENDED: r ~` Pete Anaya, P.E. [Date/}~ Director -Engineering Services APPR VED AST FORM: Legal ^ partment [Date} Funding Source: 53nnnn_~ n~n,12506 201U-ZQS M2010-142r 6GIzz11v Kteinfetder {PhvnelFax No.} ~~ aZ~ r ~ `~ `~ At1TfIU~tilta ~ c~t~lYCIL ....~...... 1D 3~CREr ~` ~` Page 1 of 1 ~~ ~NDEXEfl ~~~ fCL EINFEL DER Bright Araplr. Right Safutrans. June 3, 2010 Mr. Lawrence Mikolajczyk Director, Solid Waste Qperations City of Corpus Christi 2525 Hygeia - P.C. Bvx 9271 Corpus Christi, TX 784fi9- 9211 SUBJECT: Proposal 2010-201'! Groundwater monitoring and related services Cefe Va[enxuela Landfill Carpus Chris#i, Texas Dear Mr. Mikolajczyk: We are pleased to submit the following proposal for professional environmental services. This proposal presents the scope of work for expanded groundwater monitoring. This proposa! was developed on the basis of our discussions and review of our scope of workicost during the last two years of groundwater monitoring at the Cefe Valenzuela Landfill. If a portion of this proposal does not meet your project Heads, or if those needs have changed, lfleinfelder 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 August 1, 2010 to July 31, 2011. Project Summary Kleinfelder will conduct tour sampling events for landfill monitor wells on quarterly intervals. These events will include combinations of detection monitoring for currently approved constituents, and background monitoring for new constituents required by TCECt. Both new and existing wells will be sampled for these new constituents. Kleinfelder will continue quarterly methane monitoring. CTS1oPO60 Capyrght 2D10 Kleirsfelder Ali Rights Reserved June 3, 2010 325 N. Industrial ^ri~e, Waco TX 7fi710 p ~ 254 754.0369 f k 254.754.047$ Exhibit A Pa e 1 of 4 Proposal for Environmental Services ~ ~~E~°~'a City of Carpus Christi, Cafe Yalenzuela Lar+d'fil! _ ©etectiQn Monitoring Detection monitoring during the performance period will include two monitoring events planned far August 201U and February 2071. Kleinfelder will sample the existing 18-well system for the dissolved hazardous metals {arsenic, cadmium, chromium, copper, lead, nickel, selenium, silver, and zinc} and volatile organic compounds specifeed in the Groundwater Sampling And Analysis Plan (GWSAP}, Revision 1, dated February 5, 200T. Background sampling for fatal metals listed in the current GWSAP August 26, 2009} in existing and newly installed wells wil! be conducted concurrently. The planned sampling schedule is presented in Table 1. Following each detection monitoring event, Kleinfelder will compare the semiannual detection monitoring results with background values for MW-01 through MW-14, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCl;Q. The estimated cost of this activity is $45,40D. Table 1 Planned 2010-11 Sampling Schedule Wells Au ust 2014 November 2x14 Februa 2Q17 _ - Ma 2011 Existing de#ection, Background - 18 Detection, Background -- 18 Background - 18 wells Background - 18 wells wells wells New Background - 5 wells ~ Background - 13 Background -13 ~ Background - l3 we115 wells wells Total 23 wells ~ 31 wells 31 wails __ 31 wells Background Monitoring Background monitoring during the performance period will include two monitoring even#5 planned for November 2010 and May 2011. Background samples will be analyzed for tots! concentrations of 15 metals listed in the current GWSAP dated August 26, 2005 in existing and newly installed wells. The planned sampling schedule is presented in Table 1. The estimated cost far the background-only sampling events is $34,040. Methane Monitoring Kleinfelder will conduct quarterly methane monitoring at the Cefe Valenzuefa Landfill. Data will be transmitted via letter report to the City. The estimated cost for this activity is $$,000. 2010.11 RepvrEing Kleinfelder will submit data quarterly to the TCEC], and will prepare the 2410 annual groundwater monitoring report the in accordance with TCEQ requirements in the regulations C7S10PD60 Page 2 June 3, 2018 Copyright 2R4R Kleinfelder Exhibit A Pa e2of4 Proposal for EnYlrnrtme-7fa1 Servlces ~ ~.F~~~,oER City of Carpus ChrFsrl, Cefe y alenruela +r anrlilll and the Groundwater Sampling and Analysis Plan. This report is due 9fl days after the last sampling event and is presently estimated for submittal in February, ~D11. Kleinfelder will transmit one paper copy and one electronic copy of the report to the City of Carpus Christi and 3 paper copies tv the TCEQ. The estimated cast of this activity is $28,40. Verification Re-sampling After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant changes {SSC} have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEq in accordance with the requirements as described above. Kleinfelder will conduct verification sampling of the well{s} in which SSCs occurred. The proposed verification re-sampling budget allows for up to 1 day of sampling per re-sampling event {up to two annually} and an analytical budget of up to $540 per event. The estimated cost far this activity is $13,40x. Consulting Seer€ces Consulting Services includes activities not specifically related to the collection, analysis, and reporting of data, such as permit modifications, alternate source demonstrations, and responding to TCEQ inquiries, notices of deficiency, or notices of violation. !n addition, Kleinfelder may lend its expertise in others matters related to groundwater, as requested by the City of Corpus Christi. The estimated cast for these services is $ 15,444. Assumptlvns and Exclus€ons 1. TCEG~ is expected #o release new guidelines for Practical Quantitation 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 an sampling 4 wells per day. ^uring 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 ar may not be realized. 3. The extent of Consulting Services required during the project year cannot be fully anticipated. The budget should be understood to mean that Kleinfelder will provide these services up to the budget amount at our rates existing at the time of the service. A[]DITIDNAL SERVICES The fallowing services are oat included in the basic Services and will be considered as Additional Services, if required or requested: • Meetingslinterviews other than those described in the Basic Services. CTS10P06Q Page 3 June 3, 2fl~g Gapyright 2010 Kleinfelder Exhil7it A Pa e3of4 Proposal for Fnvlranr~aenfal 5ervlcss Glty of Corpus Clirlsfl, Cefa V aler+ruela Landllll n I[LEINFEG DER The services of specialty subconsultants or other special outside services other than those described in 9asiC Services. Any other services not specifically included in Basic Services. DELIVERA8LE5 ^ne signed, bound copy and ^ne electronic transmitted to the City of Corpus Christi. In annual report to the TCEQ. copy of the annuak report will be prepared and addition, we will submit three hard copies of the COMPENSATION Itleinfelder proposes to perform the Basic Services an a Time and Materials basis far $'143,1}flt). This amount will not be exceeded without prior approval. The Client and 1Cleinfelder may subsequently agree in writing to provide far additional services to be rendered under this agreement for additional, negotiated compensation. LIMITATIONS Dur work will be performed in a manner consistent with that level of care and skill ordinariky exercised by other members of ktleinfelder'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 ar beyond the data evaluated. ICleinfelder makes no guarantee ^r warranty, express ^r implied. regarding the services, communication ~aral ^r written}, report, ^pinion, or instrument of service provided. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without 1[feinfeider's express permission. AUTHORIZATION Your standard service agreement can be used to authorize these services. 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 da not hesitate to coil. We are committed to assist the City to ensure the success of this project. Sincerely, KLEINFELDER CENTRAL, INC, Texas Registered Engineering Firm - F5592 Henry 1~. Flsischhauer, P.G. Winfield l,. McAtee, P.G. Field Project Manager Project Manager {254} 75~F-D369 CT514POE(} Page 4 .tune 3, 2D1f3 Copyright 2QSp I(leinfelder Exlhibit A Pa e 4 of 4 EXHIBIT "B" TERMS AND CQNDITIONS TD AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "GITY ENGINEER" that, in the opinion of "LAB",lie within the technical ar 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 ether 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", yr his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contrac#or proposes to use which require testing, together with relevant data concerning such materials including the paint of origin and supplier. 1.5 Consider reports tv 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 fallowing submission of any reports, during which period the retards 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 SeNICeS. ARTICLE 2. CITY RESPnNS1BILITIES: City Engineer yr 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 seNices by "LAB". TERMS AND CDNDITIDNS TD AGREEMENT ~REVlSED JANUARY, 199$) PAGE 1 OF 4 2.2 Issue authorization in writing giving "LAB" free access tv THE PRGJECT site, and to all shops or yards where materials are prepared ^r stored. 2.3 Designate in writing these 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. Cnly the "CITY ENGINEER" or his designated representative have authority tv 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 Cons#ruction Contract or direct written order to: (a} Stop work at the appropriate times far "LAB" to perform contracted services; fib} 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 far 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 ar abrogate any of those duties, responsibilities or authorities with regard to THE PRGJECT which, by custom ar contract, are vested in THE PROJECT architects, design engineers, or any ether design agencies yr authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge yr release any requirement of THE PRGJECT specifications yr other contract documents nor tv approve or accept any portion of the work. "LAB" does not have the right of rejection or the right tv stop the work. "CITY ENGINEER" will direct THE PRGJECT 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 PRGJECT 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" ^r its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed tv be a warranty by "LAB" to the "CITY" ar 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 8~ days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non-hazardous samples, and return hazardous, acutely toxic, ar 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. Nv other warranty either expressed yr implied is made yr 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 fi. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT=S general contractor will be solely and completely responsible for working conditions on THE PRGJECT, including safe#y of ail 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 PRGJECT site. TERMS AND CONDITIONS TD AGREEMENT {REVISED JANUARY, 1998] PAGE 3 OF 4 ARTICLE 7. iNV~ICES 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 tv pay by the City Engineer. ARTICLE 8. EXTENT QF 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 ar 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 #n the event that any ^ne yr mare 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. Nv 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 CDNDITIDNS TD AGREEMENT ~REVISEO.IANUARY, 199$) PAGE 4 0>= 4 Exhibit G IlAandatory Requirements 1NDEMNIFiCATi~N 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 accaun# of any injury to any person, yr any death at any #ime 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 yr 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. StJPPLIER NUMBER TO f3E ASSlGN6t) BYZTT~- = Pi1RCNA5ING t]IVI510N City ~ CITY DF CflRPUS CHRISTI carpus DxSCL~SURE ~F INTEREST Cttnsli City of Carpus Christi Ordinance 17112, as amended, requires al! persons or firms seeking to do bustncss with the Clty to rovide the following informattan. Every,yuestlon, must be answered. If the question is not applicable, answer with `NA". See reverse stcie far FIIing Requirements, Certifications and defintttons. Ct7MPANY NAME: ~pi~.l.. ~~~~~ . , . _. ~. o. eox: STREET' ADDRESS: ~~ ~~~~/~. ,~~ CiTY: ZIP: ~~T FIRM IS: i. Corporation ® 2. Partnershii7 e 3. Sale Owner ^ 4. Association 5. ether DISCLOSURE QUESTIONS if additional space is necesssr~, please use the reverse side of this pa a ar attach separate sheet. t . State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 39'a ar rnore of the ownership in the shave named "firm: Name lob Title and City Dcpartmtnt {if known) 2. State the names of each'`ofI'ieia!" of the City of Corpus Christi having an "ownership interest" constituting 3% ar mart of the ownership in the above named "firm." Name Titie 3. State the names of each "board member" of the Ciry of Carpus Christi having an "ownership interest" constituting 3°/0 or more of the ownership to the above named "firm:' Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Carus Cftristi who worked an any matter related to the subject of this contract and has art ownership interest" constituting 3°Io or mare of the ownershtp in the above named "firm." Name Consultant FILING REQUIREMENTS 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 ar 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 Ordinance Section 2-349 {d}~ CERTIFICATION I certify that all information provided is true and correct as of 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: p ..s , ~„ pf~~Af ~1V Title: ~ jl~ ~'11P~ {Type of Rint] Signature of Certifying ^ate: -- ,, Person: T~I1v _-- _ _-- DEFINITIQNS 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 far economic gain, whether professional, industrial or commercial, and whether established to produce ar 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 stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. "Official." The Mayor, members of the City Council, City Manager, I3eputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Carpus 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.