HomeMy WebLinkAboutC2012-170 - 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 Al 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: J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013 Project No. E12046
( "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 $89,500.00 (Eighty Nine
Thousand Five 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
9 D 'el Biles, P.E. (Date)
In e m Director of Engineering Services
-+ - a o 23_
Operating Department (Date)
APPR E AS TO FORM
- ZN��L,
Office of Management (Date)
and dget
Legal Department (Date)
KLEINFELDER
7/
Emad , P. E., (Date)
Vice President
5002 Ambassador Row
Corpus Christi, TX 78416
(361) 854 -4774 Office
(361) 854 -4924 Fax
ac_
Nome*
4M.
Project No. E12046 * , C CNAPAi
Fund Source No. 530000 - 1020 - 12530- E12046
20124
M2012 -110 RLANDFILL J. C. ELLIOT nE12046 J. C. ELLIOTT LANDFILL GROUNDWATER MONITORING 2012.20131GEOTECHNICAL
6/19/12 INDEXED
Kleinfelder
... i, J .1...... I...... ., I . . , ... .... .._..... �i�.:..... --
KLE /NFEL,0El4
Slight People, Right Solutloni
April 27, 2012
Proposal No. 124942
City of Corpus Christi
2525 Hygeia
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Attention: Mr. Lawrence Mikolajczyk
Director, Solid Waste Operations
SUBJECT: 2012 -2013 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 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 J. C. Elliott
Landfill. Kleinfelder will prepare the annual monitoring report for the monitoring year
ending with the July 2011 detection monitoring event. For fiscal year 2013, Kleinfelder
1249421 WAC12PO239
Copyright 2012 Kleinfelder
Page 1 of 5
April 27, 2012
326 N. Industrial Drive, Waco TX 76710 p 1 254.754,0369 f 1 254.754.0.478
EXHIBIT "A"
will conduct two detection monitoring events of landfill monitor wells on a semi - annual
schedule commencing in February 2013. Kleinfelder will conduct verification
resampling of wells exceeding background limits, prepare notices of exceedances, and
submit results of resampling or alternate source demonstrations as necessary.
2012 Reporting
The 2012 detection- monitoring year will be completed with the July 2012 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 October, 2012.
Kleinfelder will transmit two paper copies 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.
Ground Water Monitoring
Table 1 shows the planned Detection Monitoring schedule for the performance period.
Kleinfelder will sample the 23 -well system for the total metals listed and volatile organic
compounds specified in the current Groundwater Sampling and Analysis Plan
(GWSAP).
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 to characterize the waste in terms of monitored constituents. These
data may also assist in preparation of alternate source demonstrations and 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 $57,600.
1249421 WAC12P0239 Page 2 of 5 April 27, 2012
Copyright 2012 Kleinfelder
KLEINFELDER 326 Forth Industrial Drive, Waco, TX 76710 p 1 254.754.0369 f 1 254.754.0478 EXHIBIT "A"
Page 2of3
I.,
Table 1 Planned 2012 Sampling Schedule
Event Type
January 2013
July 2013
Detection
Wells: MW 1 -2, 4 -5, 7, 12, 16-
Wells MW 1-2, 4 -5, 7, 12,
32
16 -32
Total Sampled
23 wells
23 wells
Verification Re- sampling
After each detection monitoring event, Kleinfelder will evaluate data to determine if
statistically significant increases (SSIs) 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.
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. 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.
Schedule
This proposal is for continuation of work initiated under an existing contract with the City
of Corpus Christi. The approximate schedule of events by quarter is presented in
Table 2.
1249421 WAC12PO239 Page 3 of 5 April 27, 2012
Copyright 2012 Kleinfelder
326 N. Industrial Drive, Waco TX 76710 p 1 254.754.0369 f[254,754.0478 =EXHIBIT A"
5
Fiscal Year
Quarter
Planned Activity
2012 (current
4, May -July 2012
Conduct semiannual sampling event in July,
contract)
completing FY 2012 contract activity
Evaluate data; conduct notification and
1, Aug -Oct, 2012
verification sampling / alternate source
demonstration as necessary. Prepare annual
monitoring report.
2, Nov 2012 -Jan 2013
1$ t semiannual detection monitoring event of
2013 (this proposal)
FY 2013 contract in January 2013
Evaluate data; conduct notification and
3, Feb -Apr 2013
verification sampling / alternate source
demonstration as necessary.
4, May - July 2013
2nd semiannual detection monitoring event in
July 2013
Assumptions and Exclusions
1. Sampling labor estimates for detection monitoring are based on sampling all wells in
5 days. 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 budget should be understood to mean that Kleinfelder will provide
these services up to the budgeted 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.
1249421 WAC12P0239 Page 4 of 5 April 27, 2012
Copyright 2012 Kleinfelder
KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1254.754.0478 Fftge4of,51 BIT "A"
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
$89,500. 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.
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.
Sincerely,
KLEINFELDER CENTRAL, INC.
Texas Registered Engineering Firm — F5592
Hen L. Fleischhauer, P.G. Winfield L. McAtee, P.G.
Field Project Manager Project Manager
1249421 WAC12PO239 Page 5 of 5 April 27, 2012
Copyright 2012 Kleinfelder
KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p[254-754.069 f l 254.754.0478 EXHIBIT "A"
Page 5of5
Exhibit B
Mandatory Requirements
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"
Pa e 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
Contractor's 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 6. 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 "C"
Page 2of3
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 "LAS" 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.
EXHIBIT "C"
Page 3 of 3
SUPPLIER NUMBER
TO BE ASSIGNED BYr T ---
PURCtIASING DIVISION
Cit
y of rrw
CITY OF CORPUS CHRISTI
Chfisti
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 following information. Every,qquestion 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 Raw CITY: Corpus Christi ZIP: 78416
FIRM IS: 1. Corporation 2. Partnership e 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 teamed "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 "firm."
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 "film."
NIA Name 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
...... "...1.....I ..I...,..,..... i .. ... ...... ....... „ .. ... .._._ 1J..JI
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
1 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:
(Type or Print)
Vice President
Signature of Certifying Date:
Person:
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.