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HomeMy WebLinkAboutC2011-228 - 7/26/2011 - 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 Kieinfelder a Texas corporation or partnership, "LAB ", acting through its duly authorized re resentative who is CWA b At — 7W v (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 -- 2011 -2012 Groundwater Monitorin and Services (Project 5262) "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" and Indemnification and Hold 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 to exceed fee of $ 116,000.00 (in figures), ( One Hundred Sixteen Thousand and nolxx dollars (in words). 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS 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 SITE are as follows: None. CITY OF C RP . / CHRISTI Johnny erales, P.E. (Date) Assistant City Manager ATTEST: - fi� r /, 1. Armando Chapa, City Sec`rktary (Date) RECOMMENDED: 7 Pete Anaya, P. E. _ (Date) Director – Engineering Services AP ROVED AS TO FORM Legal Department (Date) Funding Source: 530000 -1020 - 12506 2011-228_ 07/26/11 Kleinfelder LAB: By:�� (SIGNATURE) (Date) 326 Industrial Drive (Address) Waco, TX 76710 (City/State /Zip) 254 - 754 -0369 Fax: 254- 754 -0478 (Phone /Fax No.) l - f GZ . AUTNORIZEb ST CV -01AC I I..... SECRE7ARYA Page 1 of 1 INDEXED r DAER Bright People. Right Solutions. June 24, 2011 Proposal No.: WAC11 P058 Mr. Lawrence Mikolajczyk Director, Solid Waste Operations City of Corpus Christi 2525 Hygeia — P.O. Box 9277 Corpus Christi, TX 78469- 9277 SUBJECT; 2011 -2012 Groundwater Monitoring and Related Services Cefe Valenzuela Landfill Corpus Christi, 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, and was developed on the basis of our discussions and review of our scope of work/cost during the last two years of groundwater monitoring at the Cefe Valenzuela Landfill. If a portion of this proposal does not meet your project needs, or if those needs have changed, Kleinfelder is prepared to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications, such as changes in scope, methodology, scheduling, and contract terms may result in changes to the quality of the assessments, as well as adjustment to our fees. SCOPE OF BASIC SERVICES Performance Period The services proposed herein will be performed from August 1, 2011 to July 31, 2012. Project Summary Kleinfelder will conduct four 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 TCEQ. Both new and existing wells will be sampled for these new constituents. 120002 I WAC11 P058 Page 1 of 5 Jun t o Copyright 2011 Kleinfelder Page 1 of 5 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1 254.754.0478 Verification resampling events will be conducted as necessary. The scope of work includes annual reporting and related groundwater consulting services. A statistical analysis will be performed to update the background upper prediction limits. Kleinfelder will continue quarterly methane monitoring Detection Monitoring Detection monitoring during the performance period will include two monitoring events planned for August 2011 and February 2012. 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 specified in the Groundwater Sampling And Analysis Plan ( GWSAP), Revision 1, dated February 5, 2007. Background sampling for total metals listed in the current GWSAP August 26, 2009 in existing and newly installed wells will be conducted concurrently. The planned sampling schedule is presented in Table 1. The estimated cost of this activity is $45,000. Table 1, Planned 2011 -12 Sampling Schedule Wells August 2011 November 2011 February 2012 May 2012 Existing Detection, Background —18 wells Detection, Background —18 wells New Background —12 wells Background - 7 wells Background -.12 wells Background — 7 wells Total 30 wells 7 wells 30 wells 7 wells Back ground Monitorin Background monitoring during the performance period will include four monitoring events planned for August 2011, November 2011, February 2012, and May 2012. Background samples will be analyzed for total concentrations of 15 metals listed in the current GWSAP dated August 26, 2009 in existing and newly installed wells. The planned sampling schedule is presented in Table 1. The estimated cast for the background -only sampling events is $12,000. Methane Monitoring Kleinfelder will conduct quarterly methane monitoring at the Cefe Valenzuela Landfill, A LandTech meter will be used to test methane levels in 16 perimeter gas monitoring probes, 3 gas pipeline vents and 5 onsite structures_ Data will be transmitted via letter report to the City. The estimated cost for this activity is $4,000. 1200021 WAC11 P058 Page 2 of 5 Jun 2� i A Copyright 2011 Kleinfelder Page 2 of 5 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754 0369 f 1 254.754.0478 2011 -12 Reoortin Kleinfelder will compile, review and evaluate data quarterly and will submit notices of background exceedances, if any, to the TCEQ. Kleinfelder will prepare necessary reporting forms and submit the 2011 annual groundwater monitoring report in accordance with TCEQ requirements in the regulations and the Groundwater Sampling and Analysis Plan. This report is due 90 days after the last sampling event and is presently estimated for submittal in February, 2012. Kleinfelder will transmit one paper copy and one electronic copy of the report to the City of Corpus Christi and 3 paper copies to the TCEQ. The estimated cost of this activity is $32,000. Verification Re-samr)fin 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 welf(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 $500 per event. The estimated cost for this activity is $9,000. Statistical Update of Background Data Upon completion of the background monitoring, groundwater data will be statistically evaluated to include results from the previous monitoring events. Updating will proceed in accordance with the statistical analysis plan used by the landfill to determine the values initially. This includes determining the number of results above detection for each analyte /well combination, examining data for trends, examining distributional assumptions, estimating results for censored data by appropriate means, and calculating the upper prediction limit. The results of the analysis will be presented to the TCEQ with a request for approval. The estimated cost of this activity is $9,000. Consulting„ Services 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. In 120002 / WAC11 P058 Page 3 of 5 June 24, 2011 Copyright 2011 Kleinfelder EXhlbit A KLEINFELDER 326 North Industrial give, Waco, TX 76710 p 1254,754,0369 f 1254,754.04 8 pa e 3 of 5 addition, Kleinfelder may lend its expertise in others matters related to groundwater, as requested by the City of Corpus Christi. The allowed cost for these services, if required, is $ 5,000. Assumptions and Exclusions 1. TCEQ is expected to 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 on 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 to mean that Kleinfelder will provide these services up to the budget amount at our rates existing at the time of the service. ADDITIONAL SERVICES The following services are not included in the Basic Services and will be considered as Additional Services, if required or requested: • Meetings /interviews other than those described in the Basic Services. • The services of specialty subconsultants or other special outside services other than those described in Basic Services. • Any other services not specifically included in Basic Services. DELIVERABLES Five signed, bound copies of each of the annual report will be prepared and transmitted to the City of Corpus Christi. In addition, we will submit three copies of the annual report to the TCEQ 1200021 WAC11P058 Page 4 of 5 June 24, 2011 Copyright 2011 Kleinfelder = Ifxhibit KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1 254.754A369 f 1 254.754.04 8 COMPENSATION Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $116,000. This amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill 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. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's express permission. TERMS OF ENGAGEMENT 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 do not hesitate to call. We are committed to assist the City to ensure the success of this project. Sincerely, KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firm — F5592 Henry L. Fleischhauer, P.G. Field Project Manager (254) 754 -0369 e1 A ke , Senior Program Manager 120002 / WAC11 P058 Copyright 2011 Kleinfelder Page 5 of 5 � - " 2 - ///; r Ia* Winfield L. McAtee, P.G. Project Manager June 24, 2011 Exhibit A KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254•,754,0369 f 1 254.754.0 7 a of 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 sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees, or any other person indemnified hereunder, ei - 2 - i l SUPPLIER NUMBER TO BE ASSIGNED 8Y C77 PURCHASING DIVISION city Of CITY OF CORPUS CHRISTI corpus 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 applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS da Ry CITY: ZIP: FIRM 1S: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page 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 "firm." ame .lob 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." 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." Namq Board, Commission or 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 "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 or a substantial segment thereof, you shal I 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: G m P� k -`]~ Title: P (Type or Print) Signature of Certifying � 6 Y J:: Date: -7L6 r Person: +�� � "✓ "` I DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. "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 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.