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HomeMy WebLinkAboutC2011-229 - 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 Kleinfelder a Texas camora lion or partnership, "LAB ", acting through its duly authorized representative who is V' c ` r-� (Title), which agree as follows: _ (Name) 1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: J. C. Elliott Landfill -- 2011 -2012 Groundwater Monitorin and Services (Project 5256) "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 $ 93,000.00 (in figures), (Ninety Three 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 CORf US CHRISTI B Y \/. Johnn Perales, P.E. (Date) Assistant City Manager ATTEST: (Lv Sf,s Armando Chapa, City Secr.kary (Date) RECOMMENDED: 71 4 1 11 Pete Anaya, P.E. (Date) Director – Engineering Services APPROVED AS TO FORM: G Legal Department (Dat ) Funding Source: 530000 - 1020 -12530 2011-229— M2011-161 07/26/11 LAB: By (SIGNATURE) (Date) 326 Industrial Drive (Address) Waco, TX 76710 (City/State/Zip) 254 - 764 -0369 Fax: 254- 754 -0478 (Phone /Fax No.) – �,,... A4lTHORUKO BY C -0UR .. 2 I SECRETARY 1 0.9 Page 1 of 1 Kleinfelder INDEXED r DAER 4 Bright People. Right Solutions, June 24, 2011 Proposal No.: WAC11 P056 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 J. C. Elliott 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 J. C. Elliott 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. 120001MAC11P056 Page 1 of 5 Jun t A Copyright 2011 Kleinfelder Pa e 1 of 5 326 North Industrial Drive. Waco, TX 76710 p 1254.754.0369 f 1 254.754.0478 Project Summary Kleinfelder will conduct two sampling events for landfill monitor wells on semi - annual intervals. These events will include detection monitoring for currently approved constituents required by TCEQ. 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. Six obsolete monitoring wells will be decommissioned and reported in accordance with TCEQ requirements. Defection Monitoring Detection monitoring during the performance period will planned for January 2012 and July 2012. Kleinfelde monitoring wells for the dissolved hazardous metals organic compounds specified in the Groundwater (GWSAP) dated December 26, 2007. The planned sampling schedule is presented in Table 1. include two monitoring events r will sample the 23 detection (Appendix 1 list) and volatile Sampling and Analysis Plan Following each semi - annual detection monitoring event, Kleinfelder will compare the results with background values, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCEQ. The estimated cost of this activity is $42,000. Table 1 Planned 2012 Sampling Schedule Wells January 2012 July 2012 Existing MWs 1 -32 Detection monitoring wells Detection monitoring wells Total 23 wells 23 wells 2019 -12 Reporting Kleinfelder will submit data semi - annually to the TCEQ, and will prepare the 2012 annual groundwater monitoring report the 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 October, 2011. 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 $18,500. 120001ANAC11 PO56 Page 2 of 5 Copyright 2011 Kleinfelder KLEINFELDER 326 North Industrial Drive, Waco, TX 75710 p 1254,754,0369 Jun k I i A Pa e 2 of 5 f 1254.754.04 t 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 $500 per event. The estimated cost for this activity is $10,000. Statistical U date of Background Data Upon completion of the background monitoring in July, 2011, 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 analytelwell 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 for these services is $ 9,000. MonitOnq_Well Decommissioning Six monitoring wells (MW -6, MW -9, MW -11, MW -13, MW -14 and MW -15) not required for future monitoring will be decommissioned. Services will include demolition /disposal of the concrete pads, steel well covers and protective bollards, pulling removable 4 -inch PVC casing, pressure cementing the hole or remaining casing to ground surface, restore well site to surface grade with clean soil, and filing State of Texas well plugging reports. The estimated cost for these services is $ 8,500. 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 addition, Kleinfelder may lend its expertise in others matters related to groundwater, as requested by the City of Corpus Christi. The estimated cost for these services is $ 5,000. 1200011WAC11 P056 Page 3 of 5 Copyright 2011 Kleinfelder KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1 254,754.0369 June 24, 2011 Exhibit A f 1254.754.04 8 Pa e 3 of 5 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 One signed, bound copy and one electronic copy of the annual report will be prepared and transmitted to the City of Corpus Christi. In addition, we will submit three hard copies of the annual report to the TCEQ. COMPENSATION Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $93,000. 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 120001/WAC11PO56 Page 4 of 5 June 24, 2011 Copyright 2011 Kleinfelder KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254,754.0369 f 1254.754.0 7 xhibit A a e4of5 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 Keith P. Askew, P.E. Senior Program Manager 1200011WAC 11 P056 Copyright 2011 Kleinfelder o •� Winfield L. McAtee, P.G. Project Manager Wage 5 of 5 June 24, 2011 KLEINFELDER 326 North industrial Drive, Waco, TX 76710 p l 254.754.0369 f l 254.754.0 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. -- -I— - - - . SUPPLIER NUMBER TO BE ASSIGNED BY- CITY- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI C o Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the followin� information. Every qquestion must be answered. If the question is not applicable, answer with `NA ". See reverse slde for Filing Requirements, Certifications and definitions. COMPANY NAME: Y P. O. sox: STREET ADDRESS: f500,9 V - CITY fj ZIP: 4 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association S. 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 "firm." 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." 1\ cip 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 WA 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." 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 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: G m A-P At —7u p- K_ Title: (Type or Nut) Person re of Certifying � ��� Date: � 6J) 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. 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 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.