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HomeMy WebLinkAboutC2012-169 - 6/19/2012 - ApprovedAGREEMENT for Geotechnical Engineering 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 Emad All Turk, P. E., Vice President which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013 (Project No E12047 ) ( "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 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 fee not to exceed $108 (One Hundred Eight Thousand One Hundred Dollars and Zero Cents) 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B ". 5. 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 OF CORPUS CHRISTI Oscar R. Martinez, (Date) Assistant City Manager RECOMMENDED s' Lf Da iel Biles, P.E. (Date) In a im Director f E gineering Services Operating Departme t (Date) tPVWEP ZAST O FORM Office of Management (Date) �Z and B dget F Legal Department (Date) Project No. El 2047 Fund Source No. 530000- 1020 - 12506- E12047 2012 -169 M2012 -111 KLEINFELDE -h7— 5 —!7- Emad AI r , P. E., (Date) Vice President 5002 Ambassador Row Corpus Christi, TX 78416 (361) 854 -4774 Office (361) 854 -4924 Fax �. 4 C 6119/12 ETANDFILL CEFE VALENZUELME12047 CEFE VALENZUELA GROUNDWATER MONITORING 2012- 201MEOTECHNICAL Kleinfelder INDEXED ( K ? Bright People, Right Solutions. April 27, 2012 Proposal No. 124941 Attn. Mr. Lawrence Mikolajczyk Director, Solid Waste Operations City of Corpus Christi 2525 Hygeia — P.O. Box 9277 Corpus Christi, TX 78469- 9277 SUBJECT: Proposal to Provide Environmental Services 2012 -2013 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 for the City of Corpus Christi fiscal year beginning August 1, 2012 and ending July 31, 2013. Project Summary This is a proposal for ground water monitoring and related services at the Cefe Valenzuela Landfill. Kleinfelder will conduct detection monitoring sampling of landfill monitor wells in August 2012 and will prepare the 2012 Annual Ground Water Monitoring Report. Kleinfelder will conduct a second monitoring event in February 2013. Kleinfelder will conduct background monitoring at five wells in August 2012 and November 2012, and will prepare a statistical analysis of the data to determine background limits. Kleinfelder will conduct verification 124941 / WAC12PO240 Page 1 of 5 April 27, 2012 Copyright 2012 Keinfelder 326 Nnrih Inrlist6ni nrivp Warn TX 7R71n n I grid 7Fd MAO f I 'Ad 7rA N7ft _....._._ .. _ .. resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. Kleinfelder will continue quarterly methane monitoring. Ground Water Monitoring Table 1 shows the planned monitoring schedule for the performance period. Kleinfelder will sample the detection monitoring system for the total metals and volatile organic compounds specified in the current Ground Water Sampling and Analysis Plan (GWSAP). The 7 background event wells will be sampled for metals only. Kleinfelder proposes to add the following to the analytical list: iron, manganese, alkalinity, nitrate- nitrogen, ammonia- nitrogen, and dissolved organic carbon. These will facilitate identification of geochemical processes that can mobilize metals, and may assist with preparing alternate source demonstrations when background is exceeded in a well. Kleinfelder also proposes to collect up to 4 samples from the landfill leachate collection system during the August and February events to characterize the waste in terms of monitored constituents. These data may also assist in preparation of alternate source demonstrations, contaminant fate and transport modeling, and to justify removal of monitored constituents that are not present in the waste leachate. Following each 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 $63,700. Table 1- Planned 2012 -13 Sampling Schedule Event Type August 2012 February 2013 . Detection 23 Wells: MW 1-14,40-44 Wells MW 1 -19, 40-46 Background 7 Wells: MW 15 -19, 45-46 Total Sampled 30 wells 30 wells Verification Re- sampling After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases (SSTs) 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 SSIs occurred. The proposed verification re- sampling budget allows for travel time and 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 $12,200. 124941 1 WAC12P0240 Page 2 of 5 April 27, 2012 Copyright 2012 Kleinfelder KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1254.754.0478 EXHIBIT "A" Pa e2of5 2012 Reporting The 2012 monitoring year will end with the August 2012 background monitoring event. Kleinfelder will prepare and submit the annual ground water monitoring report for calendar year 2012 in accordance with TCEQ regulations and the Ground Water Sampling and Analysis Plan. This report is due 90 days after the last sampling event and is presently estimated for submittal in November, 2013. Kleinfelder will transmit two 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 $14,700. Statistical Analysis of Background Data Upon completion of the background monitoring in the 7 new wells, groundwater data will be statistically evaluated with DUMPStat software that has been used previously for the landfill's ground water data. A report containing a description of the software, approach, upper background limits determined from the analysis and details of the evaluation will be prepared and submitted to the TCEQ. The estimated cost of this activity is $8,500 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 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, notices of violation, or other unanticipated costs. In 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. Schedule The approximate schedule of events by quarter is presented in Table 2. 1249411 WAC12PO240 Page 3 of 5 April 27, 2012 Copyright 2012 Kleinfelder KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1 254.754.0369 f 1 254.754,0478 EXHIBIT "A" Pa e'3 of 5 Table 2 — Schedule Fiscal Year Quarter Planned Activity 1S semiannual detection monitoring event of FY 1, Aug -Oct, 2012 2013 contract in August. Evaluate data; conduct notification and verification resampling, as necessary. Conduct quarterly methane monitoring. Conduct background monitoring event. Prepare 2, Nov 2012 -Jan 2013 annual monitoring report and statistical evaluation 2013 (this proposal) report. Conduct quarterly methane monitoring. 2nd semiannual detection monitoring event in 3, Feb -Apr 2013 February. Evaluate data; conduct notification and verification resampling, as necessary. Conduct quarterly methane monitoring. 4, May - July 2013 Other consulting as requested. Conduct quarterly methane monitoring. Assumptions and Exclusions 1. Sampling labor estimates are based on sampling 4 wells per day. The assumed sampling rate may or may not be realized due to weather delays, equipment failures, or other unforeseen events. 2. The extent of Consulting Services required during the project year cannot be fully anticipated. The budgeted 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. 3. The budget does not include meetings. Costs for time spent, travel, and preparation for meetings are an additional expense. 4. The budget anticipates a limited amount of time to respond to comments and requests for additional information from TCEQ. Excessive requests for information will be an additional. expense. 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. 124941 / WAC12PO240 Page 4 of 5 April 27, 2012 Copyright 2012 Kleinfelder KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1 254.754.0369 f 1254.754.0478 EXHIBIT "A" Page 4 of 5 DELIVERABLES Two signed, bound copies 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 copies of the annual report to the TCEQ. COMPENSATION Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $108,100. 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 Kleinfeldees express permission. AUTHORIZATION 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. Best regards, KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firm — F5592 Hen L. Flelschhauer, P.G. H e n7L ' Wi field L. IcAtee, P.G. Field Project Manager Project Manager 124941 I WAC12PO240 Page 5 of 5 April 27, 2012 Copyright 2012 Kleinfelder KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1254.754.0478 =EXHIBIT " INDEMNIFICATION AND HOLD HARMLESS Consultant 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 Consultant'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, but in no event shall Consultant. be required to indemnify, save harmless and defend the City of Corpus Christi for its sole or concurrent negligence. Neither party shall be liable to the other for consequential damages, including but not limited to loss of profits, loss of use, incidental, indirect, collateral, punitive, exemplary, multiple or other special damages. TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB ", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER ", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB ". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. EXHIBIT "C" Page 1 of 3 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB ", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" .is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractors means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY ". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE S. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for EXHIBIT Pa e2of3 compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. �Paae HIBIT "C" 3o f3 SUPPLIER NUMBER TO BE ASSIGNED BY CITT PURCHASING DIVISION % of CITY OF CORPUS CHRISTI us Christi DISCLOSURE OF INTEREST City of CoTus 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: Kleinfelder P. O. BOX: STREET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi FIRM IS. I. Corporation 2. Partnership e 4. Association 5. Other ZIP: 7$416 3. Sole Owner 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.' Name Job Title and City Department (if known) NIA 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 "f irm." Name Title NIA 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. " NIA N ame 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 NIA 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 to 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: Emad Al. Turk, P. E. Title: Vice President (Type or Prini) Signature of Certifying Date: Person: )qm4d DEFINITIONS — /0 -/Z 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 .fudges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when suh 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.