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.)
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ST CV -01AC I I.....
SECRE7ARYA
Page 1 of 1
INDEXED
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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.