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
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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.