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HomeMy WebLinkAboutC2010-383 - 10/12/2010 - ApprovedAGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee {"City Engineer"), and Kleinfelder, a Texas corporation or partnership, "LAB", acting through its duly authorized representative who is ~N1,~ D ~ (_ -TJ ~r~ (Name) V 1° (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 Valnezuela Landfill Sector 1A Construction Materials Testing, Inspection, Laboratory, QAIQC, SLERIGLERIBER Documentation [Proiiect No. 527fi} "PROJECT". 2. SCOPE OF WORK "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit B". 3. FEE The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $324,475.OD (in figures), (Three Hundred Twenty Four Thousand Four Hundred Seventy Five and nolxx dollars {in words). 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City`s knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None "CITY" acknowledges and confirms that "LAB" is relying upon the above warranty in undertaking to perform the services described in this AGREEMENT. CITY OF COR CHRISTI LAB: y~ Johnny erales, P.E. ( ate) (SIGNATURE) Assistant City Manager ~ ~ zv ~ ~ ~ (Date) ATTEST: 5002 Ambassador Row . ~ {Address) Corpus Christi, TX 78469 Armando Chapa, City Secr tart' (Date) (CitylStatelZip) 361-854-4774 Fax: 361-854-4924 APPROVED AS TO FORM: (PhonelFax No.) ~~~~~ ~ aa~~~o ~0 ;~ At1THi~RIt~D 2010-383 (Date) M2~10-242,2 ~ Cgtfl~Cfi.,, ~~ ~"~~~~_.~.. p~ e 1 of 1 10/12/10 ~ 9 Kleinfelder SE~~ETA~~ ~~~~~ .' \ . ~,; ` , KL E/NFEL~ER Bright Peagle. !light 5alutrons. August 31, 2010 Mr. Kevin Stowers Engineering Department City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 7$469-9277 Reference: Cefe F. Valenzuela Landfill Sector 1A City Project #5276 Corpus Christi, Texas Proposal No. CTS10P189 Dear Mr. Stowers: Kleinfelder is pleased to submit this proposal for construction materials testing services for the new Sector 1A located at the Cefe F. Valenzuela Landfill in Corpus Christi, Texas. The purpose of this proposal is to establish our scope of work far the project, associated unit fees #or our services and the terms and conditions of this agreement. We have prepared this proposal based on a brief review of the following: • Project plans and specifications from Chiang, Patel & Yerby dated July 19, 2010. This proposal is based on our general understanding of the project plans, specifications. At this time, we estimate a budget of $324,475 for Sector 1A to be billed on a time-and- rnaterials basis. We have attached a Proposed Fee Schedule /Estimate indicating our budget breakdown and unit costs. For budgeting purposes, we have assumed a percentage of our hours will be billed at our overtime rate. However, the actual quantities and overtime hours incurred will depend on the actual scheduling of our activities by the contractor. Our estimate does not include costs of re-inspections, contractor delays, stand-by time or site visits that are cancelled upon arrival. Additional site visits due to failed tests and costs for retests or for contractor convenience are not included within the estimate. CTS1OP189 August 31, 2010 Copyright 2010 Kleinfelder Exhibit A Version 1 All rights reserved. KLEfNFEi.DER ~(l()2 ianlbascad~rr Ro1v, C'o ". '~' .758 p 361.R5~.477~ f! 361.8~~1.~92.4 ~~~ r KLE/IV~ELp~R B+iyht appp}., pfyA, SOf~t~o~t Workscope Description -- Fee Estimate Cefe F. Valenzuela Landfill -Sector 1A SLERIGLERIBER Corpus Christi, Texas General: The City of Corpus Christi proposes to begin construction of the liner system for Sector 1A ofi the Cefe F. Valenzuela Landfill. It is our understanding that the liner system for this sector will contain atwo-foot clay liner, 60-mil HDPE geomembrane, and a leachate collection system consisting of a chimney drain, with 24 inches of protective cover. The side slopes will have a drainage Geocomposite layer and 24 inches of protective cover. In accordance with Texas Commission on Environmental Quality (TCEQ) regulations and guidelines, certain tests and inspections must be made during the liner construction to verify the quality of liner construction and to allow the project engineer to complete the required documentation. The work described herein is our estimate of the number of tests and personnel time required to complete the quality control testing and SLERIGLER documentation. Since ballast will be required in some areas with the two feet clay liner, BER documentation will also be included for the waste used as ballast. The composite system wil! be constructed as follows: Bottom Side Slopes 2 feet Clay Liner 2 feet Clay Liner 60-mil HDPE Geomembrane 60-mil HDPE Geomembrane Chimney drain Drainage Geocomposite 24 inches --Protective Cover 24 inches -Protective Cover Leachate Drainage Trenches and Sumps with Gravel Field Services: Kleinfelder will provide a soils technician on a full-time basis during construction of the clay liner. The field technician will conduct all field tests including moisture-density tests of the compacted clay liner and will sample the compacted clay for classification and permeability testing. The technician will maintain dacumentation of all test locations and results, and will make observations of the material processing and compaction operations. He will coordinate the testing with the construction operations and will report all tests results and observations to the project geotechnical engineer. The project geotechnical engineer will also make periodic visits to the job site to view the construction operations and general progress of work, and will observe the material processing, compaction and testing of the clay liner as required by TCEQ. Upon completion of the clay liner construction and acceptance of the SLER by the TCEQ, construction of the 60-mil HDPE geomembrane finer will follow. Kleinfelder will provide a technician specialist during the geomembrane construction to observe all phases of the geomembrane construction from delivery and verification of membrane thickness to the observation and documentation of the field seaming process and pressure testing. The field technician will also view the Contractor's general installation practices in relation to his QCIQA documentation and will secure all field test specimens, which must be tested destructively in the laboratory. The field technician will CTS10P189 Exhibit A August 31, 2Q10 Copyright 2010 Kleinfelder Version 1 All rights reserved. Pa e 2 of 7 Proposal for. Construction Materials Ofiservation & Testing Services Cefe F. C~alertzuela.Zandfrll Sector IA -City Project No. 5276 ~~ ~ KLE/N~'ELOER ef.Hnt Poaple. Right Splvl~or¢ also observe the leachate collection system, protective cover and ballast installation. The leachate collection system will include 1-fioot drainage layer and chimney drain. The field technician will report his observations and test results to the project geotechnical engineer. Photographs will be taken to document each phase of geomembrane installation as well as the clay liner construction. l.ahoratory Tes#ing During Construction: The frequency of sampling and testing of the clay liner has been determined from the proposed construction and TCE{~ requirements for Sector 1A .These testing quantities are summarized below: Sector 1A Tests 2 feef Clay Field Densities (ASTM D 2922-91) 525 Sieve Analysis (ASTM D 1140-92) 5D Atterberg Limits (ASTM D 4318-93) 50 Permeability (EM-110-21906, Appendix VII) 50 Moisture-Density Curve (ASTM D 1557-91} 4 The tests quantities are based on about 1,022,040 square feet of clay liner for the sector, the anticipated construction sequencing and do not include any contingency for testing above the minimum. With full-time technician services we anticipate that we will take more moisture-density tests than stated above, as this is a very important consideration in .obtaining the proper permeability. The other test frequencies should remain approximately the same unless reconstruction or additional sections require additional testing. Permeability tests will be conducted using the falling-head procedure in flexible-wall permeameters in accordance with test method EM-1110-2-1906, Appendix VII. The actual permeability test specimens will be taken as undisturbed samples from the compacted clay liner along with sufficient soil for classification testing. The field seams of the 60-mil HDPE liner will be examined by several field test methods and in addition by destructive testing of specimens cut from the field seams at maximum intervals of 500 feet. These field-cut specimens will be shipped to the laboratory where "peel and shear" tests will be conducted. Based on our preliminary estimate of the total job seam length, we have estimated that about 90 tests may be required for the sector. This number will vary depending .upon the Contractor's specific layout of the seams and the number of retest required. The number of conformance tests required far HDPE Geomembrane, Geotextile and Geocomposite are estimated and could vary depending upon the number of resin batches. A summary of the quantity of conformance test is provided below; Conformance Tests Sector 7A Geomembrane 20 Geotextile 8 Geocomposite with Transmissivity 8 CTS10P189 Exhibit A August 31, 2010 Copyright 2010 Kleinfelder Version 1 All rights reserved. Pa e 3 of 7 Proposal for Construction Materials Observation & Testing Services ~~~ Cefe F. Valenzuela Landfill Sector lA -City Project No. 5276 f KLE/N~`EL p~c~q \~ &~Sh~paoph. x~ghi SOfulbn.. Engineering Supervision and SLERIGLERIBER: Kleinfelder's management and engineering staff will supervise the field services, view construction procedures, interface with City staff, supervise all laboratory testing and complete the documentation and liner evaluation reports. Mr. Don R. Rokohl, P.E, will be the Project Engineer. Mr. Jerry Lipstreu, S.E.T., Area Manager, will provide day-to-day coordination with our field technician. Mr. Rokohl will be available daily as needed to view general construction operations and witness our field testing services. We will also maintain an on-going file of the test results and other documentation which will form part of the SLER/GLER documents. We understand all surveying required for vertical and horizontal control of construction and all test locations will be provided by a third party. The third party will also. furnish tabulations of survey data for thickness verification of the clay liner, leachate drainage layer, protective cover, waste as ballast and leachate pipe. The SLER document will be completed and submitted in triplicate to the TCEQ as soon as possible following completion of the clay liner construction and all laboratory verification testing. The geomembrane construction should not begin until TCEQ provides acceptance of the SLER. Then upon completion of the geomembrane construction and all other parts of the composite liner system and all related testing and inspection of the system are completed the GLER document will be prepared and submitted in triplicate to the TCEQ. Upon completion of the waste as ballast construction, a BER document will then be prepared and submitted in triplicate to the TCEQ. COMPENSATION The fees far this project will be billed monthly on atime-and-materials basis subject to the attached Basis of Charges. This estimate is based on review of the plans and specifications and therefore will be heavily influenced by constraints outside the control of Kleinfelder including, but not limited to the contractor's actual schedule, project sequencing and inclement weather. Additional services, such as services provided beyond the quantities proposed, or other services not anticipated at this time, may be required. If requested, these additional services would be treated as extra, and billed in accordance with the unit rates and Basis of Charges identified. SCHEDULING AND COMMUNICATIONS We require that our dispatch office (361-8544774) be contacted at least 24 hours in advance of any necessary tests and observations. In order for us to accomplish our work scope, we will require one set of the approved project plans and specifications prior to the stark of our services. In addition, an onsite pre-construction meeting with all involved parties is also requested. AUTHORIZATION You may authorize this work scope by issuing a City of Corpus Christi contract. CTS10P189 Exhibit A August 31, 2010 Copyright 2x10 Kleinfelder Version 1 All rights reserved. Pa e 4 of 7 Proposal far Construction Materials Observation & Testing Services ir\ Cefe F. Valenzuela Landfill Seetor IA -City Project No. 5276 i KLE'IN~E'Lp~crq J.,rn~~o,,..R,en~s.,~~~oM LIMITATIONS Our work will be performed in a manner consistent with that level of care and skit! 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. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects. Kleinfelder offers various levels of investigative and engineering services to suit the varying needs of different clients. Although, risk can never be eliminated, more detailed and extensive studies will yield more information, which may help understand and manage the level of risk involved. Since detailed study and analysis involves greater expense, our clients participate in determining levels of service that provide adequate information for their purposes at acceptable levels of risk. More extensive studies, including destructive studies or field tests, should be performed to reduce these uncertainties. Should additional information become available; we must be consulted to review the effect of the information on our conclusions. This proposal is valid for a period of 45 days. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's expressed permission. Again, we appreciate the opportunity to provide this proposal for Sector 1A, and we look #orward to working with you to make this project a success. Please call (361) 854-4774 if you have any questions or comments. We sincerely appreciate the opportunity to be of service and look forward to working with you on this project. Sincerely, KLEiNFELDER CENTRAL INC. Jerry Lipstreu, S.E.T. Project Manager ~~ ~2`y'- Y-=-~ Don R. Rokohl, P.E. Senior Geotechnical Engineer CTS10P189 exhibit A August 31, 2010 Copyright 2p~0 Kleinfelder Version 1 Ail rights reserved. Pa e 5 of 7 j'~ t 1CLEYN~~~OER 8~9h1 P.pple- Ri9yt5ol~tM.y, Cefe Valenzuela Landfill Sector 1A Unit Prices and Fee Estimate Estimated Estimated Description Quantities Unit Rate Total A. Field Services Soil Services 560 hr 49.00 27,440.00 O.T. Contingency 280 hr 73.50 20,580.00 Geomembrane Services 600 hr 55.00 33,000.00 O.T. Contingency 400 hr 82.50 33,000.00 Soil Services (Protective Cover) 200 hr 49.00 9,800,00 O.T. Contingency 40 hr 73.50 2,940.00 Soii Services (BER) 220 hr 49.00 10,780.00 Nuclear Gauge Charges 70 days 88.00 6;160.00 Vehicle Charge 247 Trips 37.00 9,139.00 B. Laboratory Testing Atterberg Limits 55 ea 79.00 4,345.00 #200 Sieve Tests 55 ea 78.00 4,290.00 Calcium Carbonate Content 1 ea 525.00 525.00 Water Tests 1 ea 25o.aa 250.00 Sieve Analysis (Drainage} 3 ea 78.00 234.00 Permeability Tests (SandlGravel} 2 ea 168.00 336.00 Permeability Tests (Clay) 50 ea 342.00 17,100.00 Moisture-Density Curves 5 ea 249.00 1,245.00 Flexible membrane testing to include: Destructive membrane seam tests, conformance testing of geomembrane, geotextile and Geocomposite Outside testing cost charged at cost plus 20% Estimated cost 20,000.00 C. Engineering and Preparation of SLERIGLERIBER Senior Professional 450 hr 144.40 64,800.00 (Project Engineer) Graphic Design 285 hr 74.40 21,490.00 {Drafting} Project Manager 148 hr 166.00 17,928.00 Project Administration 270 hr 56.00 15,120.00 Estimated Total: $324,475,00 CT510P189 ExhibitA August 31, 201a Cagyright 2090 Kleinfelder Version 9 All rights reserved. ~a e 6 Of 7 SFr \ t KLE/NFELOER aright Reople. Aigh[ SoluNanr, ~~ BASIS OF CHARGES 1. Listed herein are typical prices for services most frequently performed by Kleinfelder. Prices for other services pravided by the. firm or other services not listed will be given upon request, as well as special quotations for programs involving volume work. 2. Invoices will be issued on a periodic basis, or upon completion of a project, whichever is sooner. The net cash amount of this invoice is payable on presentation of the invoice. If not paid within 30 days after the date of the invoice, the unpaid balance shall be subject to a FINANCE CHARGE of 1.5% per month, which is an ANNUAL PERCENTAGE RATE of 18%. 3. A one-hour minimum charge will be made for all field services. Technician time for field services is billed portal-to-portal, in hourly increments following the minimum 1 hour. Projects will be subject to an additional 10% project administration) management charge on each invoice. 4. Hours worked before 7 a.m. I after 5 p.m. Monday through Friday and time worked in excess of $ hours per day will be charged at 1.5 times the hourly rate. Additionally, weekend {Saturday and Sunday} and holiday work will be charged at 1.5 times the hourly rate. 5. Per Diem will be charged at a rate of $127 per day per person or expenses plus 15%, whichever is greater. Travel by vehicle will be charged at $0.65 per mile plus personnel time. Per Diem and travel will be charged for all projects in excess of 50 miles from the local Kleinfelder office. Travel expenses, such as airfare, will be charged at cost plus 15%. 6. Du#side services will include a 15% markup unless otherwise noted. 7. We are protected by Worker's Compensation Insurance (andlor Employer's Liability Insurance), and by Public Liability Insurance for bodily injury and properky damage, and will furnish certificates thereof upon request. We assume the risk of damage to our own supplies and equipment. if your contract or purchase order places greater responsibilities upon us or requires further insurance coverage, we, specifically directed by you, will take out additional insurance (if procurable) to protect us at your expense, bu# we shall not be responsible for property damage from any cause, including fire and explosion, beyond the amounts of coverage of our insurance. 8. The attached schedule of fees will be valid through December 31st of the current year, and an updated fee schedule will #ake effect beginning January 1St of each following year. Exhibit A Kleinfelder Copyright 2010 Kleinfelder Pa e 7 Client All Rights Reserved of 1 Exhibit B Mandatory Requirements 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 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 sale or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees, or any other person indemnified hereunder. r;j~yj;~ SUPPLIER NUMBER !-1 TO BE ASSIGNED B'i~Z`,T~~ PURCI-IASING DIVISION ~r Co us city~of DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not a~~Iicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definltlons. COMPANY NAME: ~ LC ~ j " ~ ~ -., P. O. BOX: ,~} ~~ _ STREET ADDRESS: .~~~ ~ f--"I-r~ ~C~SSC.~C~ui'' J~C;~L~ CITY: ~`~Y ~-[. ~ ~~l ~ ~ ZIP: ~7~y~ FIRM IS: 1. Corporation ~ 2. Partnership e 3. Sole Owner ^ 4. Association u 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa e 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 "arm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3 % or more of the ownership in the above named "firm." ~ N~a~ e Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or ~~i~ Committee ~~~ 4. State the names of each employee or officer of a "consultant" 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% or more of the ownership in the above named "arm." 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 m 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 wrrtmg fled 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: Em f} ~ ~ (.. ~~ ~ iC. Title: J I~ (Type or Prini) Signature of Certifying ~ n ry, ~ +.~" ,,( Date: ~ f ~~, a Person: rv~. dC (.C~f,' 1 ~ ~` 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 Iikely 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 stock 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, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City 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.