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.