HomeMy WebLinkAboutC2018-442 - 9/25/2018 - Approved •
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
18128A Solid Waste Landfill Groundwater Monitoring
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee
(Director)and Terracon Consultants, Inc., a Texas corporation, 6911 Blanco Road, San Antonio, Bexar
County, Texas 78216, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 3
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V OPINIONS OF COST 5
ARTICLE VI INSURANCE REQUIREMENTS 5
ARTICLE VII INDEMNIFICATION 5
ARTICLE VIII TERMINATION OF AGREEMENT 6
ARTICLE IX RIGHT OF REVIEW AND AUDIT 7
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 10
EXHIBITS
2018-442
9/25/18
M2018-186
Contract for Professional Services
Terracon Consultants Inc.
SCANNED
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ARTICLE I —SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and
attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for
Consultant to provide such Services, pursuant to this Agreement,and any and all Services that would normally be
required by law or common due diligence in accordance with the standard of care defined in Article XIII of this
Agreement. The approved Scope of Services defines the services to be performed by Consultant under this
Agreement.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.At
review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services
attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed
must be in writing.
1.3 Consultant shall provide labor,equipment and transportation necessary to complete all services agreed to
hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant
must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%
of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ
or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on
the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates(project progress or delays)in the format requested by the
City with each monthly invoice.
1.6 For design services,Consultant agrees to render the professional services necessary for the advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its
responsibilities,as defined and described in City's General Conditions for Construction Contracts,exser attached
as-Exhibit-D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits Aand-A-
4. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3'd party
owners/operators.
Contract for Professional Services
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $225,191 per year with the option to administratively renew for two(2)
additional years for a total contract price of$675,573.
3.2 The Consultant's fee will be on a lump sum or time and materials(T&M)basis as detailed in Exhibit A and
will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is
considered confidential information that may be excluded from public disclosure under Texas Government Code
Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks
provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed
and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of
notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of
billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the
Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any
reimbursable expenses associated with the work. City will make prompt monthly payments in response to
Consultant's monthly invoices.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule)when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
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3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request,all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge, information and belief, be free and clear of liens,claims,security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE
ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from
damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City,Consultant shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided
herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures
as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right
to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with
section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 This service shall be for a period of one(1)year beginning on the Effective Date. The Agreement may be
administratively renewed for up to two (2) one-year renewal options upon mutual agreement of the parties to be
evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and
conditions, plus any approved changes.
Contract for Professional Services
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional
Services until requested in writing by the Consultant and written authorization is provided by the Director of
Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this
Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the
schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's
ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten
business days of becoming aware of a factor that may affect the Consultant's ability to complete the services
hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the
construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of
the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices,or over competitive bidding or market conditions,Consultant's
opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's
experience and qualifications and represent Consultant's best judgment as a design professional familiar with the
construction industry, but Consultant cannot and does not guarantee proposals,bids or the construction cost shall
not vary from the OPC prepared by Consultant.
ARTICLE VI —INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII —INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers,agents,employees,excluding the engineer or architect or that person's agent,employee
or subconsultant,over which the City exercises control ("Indemnitee")from and against any and
all claims,damages, liabilities or costs,including reasonable attorney fees and court costs,to the
extent that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier committed by
Contract for Professional Services
Consultant or its agent, Consultant under contract or another entity over which Consultant
exercises control while in the exercise of rights or performance of the duties under this
agreement.This indemnification does not apply to any liability resulting from the negligent acts or
omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee,the Consultant shall reimburse the City's reasonable attorney's
fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the
performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless
Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in
detail the services performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
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8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time&
Materials calculation or Consultant and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX—RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee,
which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its
records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute
under this Agreement, then such retention period shall extend until final resolution of the dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include
billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting
notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries,reports,drawings,receipts,vouchers, memoranda,time sheets,payroll records, policies,procedures,and
any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable
judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any
Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records,Consultant's facilities and Consultant's current employees,deemed necessary by City or its designee(s),
to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work
space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments,such that subsequent compliance costs exceed expenditures that would have been involved
had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
Contract for Professional Services
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment,the Consultant generates excessive addenda,either in terms of the nature of the
revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost
due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in
writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one
(21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall
be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the
truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,City will meet to
discuss the request,after which an offer of settlement or a notification of no settlement offer will be sent to
Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30)
calendar days in which to (i)submit additional supporting data requested by the City, (ii)modify the initial
request for remedy or(iii) request Mediation.
12.1.5 Pending final resolution of a claim,except as otherwise agreed in writing,Consultant shall proceed
diligently with performance of the Agreement,and City shall continue to make payments in accordance with
this Agreement.
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12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out
of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for similar
projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
contained herein.
12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to
filing any lawsuit, request mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing,and shall request that the mediation commence
no less than thirty(30)or more than ninety (90) calendar days following the date of the
request, except upon agreement of both parties.
12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty (30) calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for
loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature
arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties,Consultant and City agree that neither party shall be responsible for
payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED
TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
Contract for Professional Services
ARTICLE XIII —MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party,except for
routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services
under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the
partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City
may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without
written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment, including
the rate of compensation, has been approved in writing by the City.
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a
result of this Agreement, including contract documents (plans and specifications), drawings and submittal data.
Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by
Consultant,shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any
modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior
to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing under the same or
similar circumstances and professional license; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or architect.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project,including scope meetings,review meetings,
pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other
than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering
into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be printed,signed and
filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.html.
Contract for Professional Services
13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
13.11 Boycott Israel. As required by Chapter 2270,Government Code, Consultant hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification,
"boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that
is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a
person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for
ordinary business purposes.
13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts
of laws. Venue for legal proceedings lies exclusively in Nueces County,Texas. Cases must be filed and tried in
Nueces County and cannot be removed from Nueces County.
13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article,
sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way
the validity of this Agreement in any other instance.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other
document prepared by Ponsultant and i/icluded herein, is in conflict with Articles 1-XIII of this Agreement(Articles),
the Articles shall take/Precedence an control to resolve said conflict.
CITY , •ORPUS CHRISTI: TERR CON C NSULTANTS, INC.
/4- h 6?
•ff H. Edmonds, E. D to Lee rrett, P. G. Date
rirector of Engineering Services Principal
6911 Blanco Road
San Antonio, TX 78216
APPROVED AS TO LEGAL FORM (210)641-2112 Office
' 2018.09.10 lee.garrett@terracon.com
14:02:40 -05'00'
Assistant City Attorney Date
AjTES
1") uT
c,t.Qti%. 9/17 /1 i
Ci Secretary Date Y CAURf:I1 Z
SFCR€TApN.
a
Contract for Professional Services
Solid Waste Landfill Groundwater Monitoring (Project No. 18128A)
Accounting Unit Account Activity Account Amount
Category
Solid Waste Operating 1020-12530-033 530000 18128-A-1020-EXP 30000 $113,925.50
JCE LF
Solid Waste Operating 1020-12506-033 530000 18128-A-1020-EXP 30000 111,265.50
CV LF
Total $225,191.00
Contract for Professional Services
•
lierracon
August 28, 2018
Mr. Lawrence Mikolajczyk
Director of Solid Waste Operations
City of Corpus Christi
4917 Holly Road, Bldg. 5
Corpus Christi, Texas 78411-4757
Telephone: (361)826-1965
E-mail: LawM@cctexas.com
RE: Proposal for Solid Waste Landfill Groundwater Monitoring Project No. 18128A
Cefe Valenzuela Landfill located at 2397 County Road 20 in Bishop, Texas
JC Elliott Landfill located at 7001 Ayers Street in Corpus Christi, Texas
Terracon Proposal No. PCD187028
Dear Mr. Mikolajczyk:
Terracon Consultants, Inc. (Terracon)appreciates the opportunity to submit this proposal to the City of
Corpus Christi(City)to conduct groundwater monitoring at the above-referenced municipal solid waste
(MSW) landfills. The locations of the MSW landfills are shown in Exhibit 1.
We understand the objective is to implement the current Groundwater Sampling and Analysis Plan
(GWSAP)for each MSW landfill. The GWSAPs outline the City's program for groundwater monitoring
in accordance with the requirements of Title 30 of the Texas Administrative Code(TAC), Chapter 330,
Subchapter J. Currently, the groundwater at each MSW landfill is being monitored on a semi-annual
basis under the Detection Monitoring Program.
Scope of Services Detection monitoring for two landfills with allowances for contract
(see Section 2.0 of attached transfer, training, consulting, and non-routine monitoring.
proposal detail)
Schedule A kickoff meeting will be scheduled within one week of receiving a
(see Section 4.0 of attached Notice to Proceed. The second annual groundwater monitoring event
proposal detail) is scheduled for October 2018 at both landfills.
Compensation The fee for providing the proposed services will be invoiced on a
(see Section 4.0 of attached time and materials basis using the rates referenced in Section 4.0.
proposal detail)
EXHIBIT"A"
Terracon Consultants, Inc, 6911 Blanco Road San Antonio, Texas Page 1 of 14
P 210-641-2112 F 210-641-2124 terracon.com Professional Geoscientist Firm No. 50058
Environmental Facilities Geotechnical Materials
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills a Corpus Christi,Texas lierracon
August 28,2018 ■Terracon Proposal No. PC0187028
If you have questions or comments regarding this proposal, please contact either of the undersigned
at 210-641-2112.
Sincerely,
Terracon Consultants, Inc.
Phyllis Pri ose, P.G. L46rrett, .G.
Group Manager Principal
Attachments: Proposal Detail
Exhibit 1 —Landfill Location Map
Exhibits 2 and 3—Landfill Map
Table 1 —Sampling and Analytical Program
Terracon 2018 Fee Schedule
Responsive a Resourceful• Reliable 2
EXHIBIT "A"
Page 2 of 14
•
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills a Corpus Christi,Texas lierracon
August 28, 2018 ■Terracon Proposal No. PCD187028
1.0 PROJECT INFORMATION
The J.C. Elliott Landfill is located at 7001 Ayers Street in Corpus Christi, Texas. The layout is
shown in Exhibit 2. The landfill is permitted (Permit No. 423B) by the Texas Commission on
Environmental Quality (TCEQ) and is in post-closure care. Groundwater monitoring is currently
being conducted in accordance with 30 TAC §330.407 (related to Detection Monitoring Program
for Type I Landfills) following the Groundwater Sampling and Analysis Plan (GWSAP) dated
December 26, 2007 and approved by the TCEQ on June 8, 2008. The detection monitoring
network consists of 23 monitoring wells. The wells are completed in the Beaumont Formation.
"Well yield is low and most wells experience some draw down at pumping rates less than 0.3 liters
per minute."' Historically, 3 sumps associated with the leachate collection system have also been
sampled.
The Cefe Valenzuela Landfill is located at 2397 County Road 20 in Bishop (Nueces County),
Texas. The layout is shown in Exhibit 3. The permitted (Permit No. 2269) landfill is active.
Detection monitoring is also being conducted at Cefe Valenzuela following the GWSAP dated
January 2010. The groundwater monitoring system consists of 33 four-inch diameter monitoring
wells. There are two water-bearing units and the wells are screened in the lower 10 feet of the
water-bearing unit in which they were installed.2 There are nested wells at MW-02, MW-11, MW-
12 and MW-13. Historically, 3 sumps associated with the leachate collection system have also
been sampled.
2.0 SCOPE OF SERVICES
The proposed Scope of Services was developed based on a meeting conducted on August 10,
2018 with the City. The City requested that Terracon implement the Detection Monitoring
Program for both landfills. For each year of this contract, the Scope of Services will consist of:
• Groundwater detection monitoring on a semi-annual basis at both landfills;
• Evaluation of data to determine if a statistically significant increase (SSI) has occurred;
• Notification of initial exceedance (if needed);
• Verification sampling (if needed);
• Alternate Source Demonstrations(ASDs) (if needed); and
• Preparation and submittal of the required reports for the reporting year.
' Tolunay-Wong Engineers, Inc. Annual Groundwater Monitoring Report for 2016. May 2017.
2 Tolunay-Wong Engineers, Inc. Cefe Valenzuela Landfill Annual Groundwater Monitoring Report for 2017.
April 2018.
Responsive ■Resourceful ■Reliable 1
EXHIBIT"A"
Page 3 of 14
•
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills • Corpus Christi,Texas ��rr�con
August 28, 2018 •Terracon Proposal No. PCD187028
We understand the first semi-annual events for 2018 were conducted by Tolunay-Wong
Engineers, Inc. and that the data from that event will be provided to us for inclusion in the Annual
Groundwater Monitoring Report.
2.1 Objectives
The objective of the Detection Monitoring Program is to determine if a landfill is leaking. The
concentrations detected in the samples will be compared to the background concentrations
established for each landfill. If an initial exceedance is confirmed, then a significant statistical
increase (SSI) has occurred and an Assessment Monitoring Program may need to be
implemented at the landfill unless a demonstration can be made that the SSI is the result of:
• Contamination from a source other than the landfill; or
• An error in sampling, analysis, or statistical evaluation; or
• Natural variations in groundwater quality.
2.2 Sampling and Laboratory Analytical Program
Groundwater samples will be collected from the existing groundwater monitoring system at each
landfill on a semi-annual basis. Terracon understands each monitor well has a dedicated pump
with bladder and tubing sufficient to collect representative groundwater samples.
The sampling and analytical program is summarized in Table 1. The laboratory analyses are
based on the requirements of§330.407 and the applicable GWSAP.
Quality Assurance Program:
The GWSAP specifies type and frequency of quality control samples that are to be included in
the analytical testing as part of the Quality Assurance Program. For each landfill facility, the
following Quality Control samples will be included:
Trip Blank—Daily
Field Blank—Daily
Equipment Blank—Once per sampling event
Duplicate Sample: One per every 10 samples or part thereof
Split Sample (to be tested at a different laboratory): one per sampling event
The selected environmental laboratories that perform the analytical testing will also include
standard quality control samples include in each analytical batch, such as Method Blanks,
Laboratory Control Samples (LCS), Method Spike/Matrix Spike Duplicates(MS/MSD), and in the
case of certain organic test methods, surrogates. The Quality Control results will be reviewed as
part of the overall Data Usability Evaluation for the program.
Responsive ■Resourceful ■Reliable 2
EXHIBIT "A"
Page 4of14
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills•Corpus Christi,Texas lierracon
August 28, 2018 •Terracon Proposal No. PCD187028
Only wells with one or more Appendix I constituent concentration in excess of the respective
background concentration will be sampled during verification sampling events.
Investigation-derived waste (IDW)will be disposed in the landfill.
2.3 SSI Determination
No later than 60 days after each sampling event, Terracon will determine if a reported
concentration exceeds background concentrations. If a constituent concentration exceeds
background, Terracon will notify the TCEQ within 14 days of the initial determination and then
collect verification samples for laboratory analyses; prepare an ASD; or recommend establishing
an Assessment Monitoring Program. Verification sampling and ASDs will be well-specific,
constituent-specific and concentration-specific. Based on the laboratory analytical results,
verification sampling, if required, will be conducted within 15 business days of receipt of the test
results and in consultation with City Landfill personnel.
According to the 2017 Annual Report for the Cefe Valenzuela Landfill, the concentration for one
constituent (selenium) exceeded background. The exceedance was attributed to natural
conditions and was addressed through an ASD. According to the 2016 Annual Report for Elliott,
the concentrations for 5 metals exceeded background in 7 monitoring wells. Resampling was
conducted.
2.4 Report Preparation
The Scope of Services will include preparation and submittal of the following reports:
• Notice of Initial Exceedance (if needed);
• Verification Sampling Report (if needed);
• Alternate Source Demonstration Report (if needed); and
• Annual Detection Monitoring Report.
These reports will be prepared and submitted following the TCEQ Guidelines for Groundwater
Monitoring Report Submittals dated December 2014. Draft reports will be submitted to the City
for review/comments. Annual reports will be available for the City to review at least two weeks
prior to the required submittal date.
The written conclusions and recommendations provided in these reports will take precedence
over any verbal or preliminary reports that Terracon personnel may have provided.
Responsive ■ Resourceful ■ Reliable 3
EXHIBIT"A"
Page 5 of 14
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills • Corpus Christi,Texas lierracon
August 28, 2018 ■Terracon Proposal No. PCD187028
3.0 ALLOWANCES
3.1 Contract Turnover
The City has requested that Terracon's cost proposal include developing protocols in the form of
a Standard Operating Procedure(SOP)for facilitating the transfer of the groundwater monitoring
contract between consultants. Items of interest would include transferring information that would
be useful in performing the various tasks associated with the landfill groundwater monitoring
program. The SOP will be used as a guideline for the current and future transfer of information
related to the contract. The intent will be to ease the transition regarding technical, administrative
and regulatory agency matters associated with the contract. Included will be items such as the
historical data,familiarization of the monitoring well and sampling equipment, access/scheduling,
and site-specific TCEQ concerns or requirements. At the end of the contract term, Terracon will
assist the selected future contractor with instructions for maintaining the monitoring wells in proper
condition, use of the installations for conducting the groundwater sampling, understanding City
landfill requirements and any special TCEQ reporting protocols. Safety procedures including
reviewing the Health and Safety Plan, personal protective equipment (PPE), site-specific
hazards/concerns, will also be reviewed. Technical aspects of the program, such as trends in the
historical data trends and quality control procedures will also be included. The overall objectives
will be to lower the City's cost associated with changing consultant, help the environmental
consultants benefit from past experiences, avoid pitfalls, minimize mistakes/problems, satisfy the
TCEQ and achieve the short and long-term requirements of the City.
3.2 Well Inspections & Development
Prior to the commencement of the first groundwater monitoring event, Terracon will inspect and
test the dedicated equipment in each monitor well to ensure the bladders are working properly
and the tubing/connections are in good working condition. Terracon will also develop the monitor
wells if needed based on the volume of sediment in the bladder or bottom of the well. Well
development, if needed, may be postponed until after the October sampling event. For budgetary
purposes, Terracon assumes that the inspection and development of the wells for each of the
landfill facilities will be conducted one time during the groundwater monitoring contract period.
Terracon will notify the City of any needed repairs or replacements of any of the tubing,
connections or other equipment.
3.3 TCEQ Meetings and Petitions
At various stages during the contract period,occasional meetings with the TCEQ may be required
to discuss the analytical laboratory results, data outliers, verification sampling, and/or any specific
requirements/concerns that may arise. Based on the data history, petitioning the TCEQ may be
applicable to reduce the list of analytical parameters, such as certain metals, that are included in
the GWSAPs. The meetings may be conducted in person at the landfill facilities, the TCEQ office
in Corpus Christi or in Austin. For budgetary purposes, Terracon assumes that there will be one
petition or TCEQ meeting per landfill per year. The actual services that are provided will be
invoices on a time and materials basis.
Responsive ■Resourceful ■Reliable 4
EXHIBIT"A"
Page 6 of 14
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills • Corpus Christi,Texas lierracon
August 28, 2018 •Terracon Proposal No. PCD187028
3.4 General Consulting
On an as-needed basis, additional environmental consulting services may be required by the City
that are not specifically outlined in Terracon's contract with the City. The task items could include,
for example, assistance with a spill/release at one of the facilities, characterizing/identifying
suspicious waste material,addressing an asbestos or mold issue, ambient air monitoring, or some
other environmental matter that is within Terracon's technical capabilities. Our firm provides a
wide range of environmental, geotechnical and materials testing services and would welcome the
opportunity to be of assistance should the need arise. The actual services that are provided will
be invoiced on a time and materials basis based on the attached rate sheet.
3.5 Training
During the course of the contract, the City may bring on new/additional personnel that have a
need to become familiar with the groundwater monitoring program. Terracon has included the
cost for training designated City staff, on an as needed basis, in matters such as overall program
objectives, protocols, regulatory agency requirements, data interpretation, Quality
Assurance/Quality Controls, historical results/trends, schedules, groundwater monitoring
installations/equipment and/or other pertinent issues. There may also be a need to meet with
other personnel or City Officials to discuss/explain certain aspects and objectives of the
groundwater monitoring program. For budgetary purposes,Terracon assumes that one training
event will be required per year.
3.6 Records Review/Audit
If requested, Terracon will conduct an audit of the landfill records such as historical analytical
laboratory data, report submittals, TCEQ correspondences, responses, and other pertinent
information related to the groundwater monitoring programs. The audit will involve an evaluation
of previous issues/concerns, data trends and required milestones for achieving the overall
objectives of the groundwater monitoring program. If there are missing reports or other
documents, we will let the City know of the situation to see if the information can be located. In
some cases, documentation may be available from the TCEQ Central Records in Austin. Where
available, the modifiable data tables, forms and other information in MS Word, Excel or another
editable format will be obtained.The information will be compiled and organized to facilitate record
management and ensure records are readily available for future use. For budgetary purposes,
Terracon assumes that the Audit/Records Review for each of the landfill facilities will be
conducted one time during the groundwater monitoring contract period.
3.7 Non-Routine Monitoring
Assessment monitoring would only be required if an SSI determination has been confirmed and
an alternate source can't be demonstrated to the satisfaction of the TCEQ. Based on historical
data, implementation of the Assessment Monitoring Program is unlikely to occur at either landfill
during this contract period. In addition, implementation of an Assessment Monitoring Program
would require issuance of a new contract.
Responsive ■Resourceful ■Reliable 5
EXHIBIT"A"
Page 7 of 14
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills ■ Corpus Christi,Texas lierracon
August 28, 2018 •Terracon Proposal No. PCD187028
As requested by the City, Terracon is providing an allowance for non-routine sampling during the
transition period between the Detection and Assessment Monitoring Programs. The non-routine
sampling for each landfill (if needed)would consist of:
• Sampling 3 point of compliance wells for the constituents listed in Appendix II to 40 Code
of Federal Regulations(CFR) Part 258(hereafter referred to as Appendix II constituents);
and
• Initial communications with the TCEQ regarding the Appendix II results.
3.8 Contingency Allowance
As instructed, Terracon has included a line item with a 10% allowance of the groundwater
monitoring costs for unforeseen services that may be required.
4.0 SCHEDULE AND FEE
The contract is based on the City's fiscal year which begins October 1. The term of the contract
is 3 years. The project schedules are based on Week 1 beginning after receipt of the Notice to
Proceed (NTP). Our understanding is that the NTP will be received on or before September 28,
2018. The schedules provided in this proposal are contingent upon Terracon's receipt of the
NTP by this date. The Allowances will be conducted on an as-needed basis.
If schedule delays are anticipated based on subcontractor availability, weather, and/or
encountered site conditions, the City will be contacted to discuss changes in the schedule. The
standard laboratory analytical completion schedule is 10 business days. If the City would like to
have laboratory analyses completed quicker, please contact the undersigned to discuss the
options and additional fees.
The fee for providing the Scope of Services outlined in this proposal will be invoiced on a time
and materials basis using the attached 2018 Terracon Fee Schedule. The 2018 fees will be
adjusted 3% annually.
Responsive • Resourceful ■ Reliable 6
EXHIBIT"A"
Page 8 of 14
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills • Corpus Christi,Texas lrerracon
August 28, 2018 •Terracon Proposal No. PCD187028
Summary of Cost for Groundwater Monitoring Program
Elliott Cefe
Valenzuela
Labor 13,040.00 14,650.00
Laboratory 11,490.00 15,410.00
Testing Equipment, Supplies and Misc. Expenses 3,480.00 4,190.00
Estimated Verification Sampling and Reporting 11,680.00 4,110.00
Total per Event 39,690.00 38,360.00
Total per Year $79,380.00 $76,720.00
Total Annual Cost for Groundwater Monitoring Program $156,100.00
Allowances
• Contract Turnover(Meetings and SOP) $ 7,000
• Well Inspections & Development $11,975
• TCEQ Meetings and Petitions $ 6,750
• General Consulting $ 5,000
' Training (One/year) $ 3,000
• Records Review/Audit $ 4,750
' Non-Routine Monitoring ($7,500 per landfill) $15,000
• Contingency Allowance $15,616
$69,091
Total Annual Cost for Contract $225,191.00
If additional services are required that are outside the scope of this proposal, the City will be
contacted to discuss the associated costs and to obtain authorization prior to commencing the
additional services.
Responsive ■Resourceful ■ Reliable 7
EXHIBIT "A"
Page 9 of 14
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills• Corpus Christi,Texas lierracon
August 28, 2018 •Terracon Proposal No. PCD187028
5.0 CONDITIONS
5.1 Assumptions
• Field services will be performed in U.S. Occupational Health and Safety Administration
Level D work uniform.
• Verification sampling, if needed, can be completed within 2 days per event.
• Historical data and reports will be provided to Terracon, no later than the first sampling
event, in a format that is easily modified or updated such as Word or Excel.
5.2 Limitations
The proposed services will be conducted in a manner consistent with generally accepted practices
of the profession undertaken in similar studies in the same geographic area during the same
period. Terracon makes no warranties, express or implied, regarding these services, findings,
conclusions or recommendations. Please note that Terracon does not warrant the services of
laboratories, regulatory agencies or other third parties supplying information used in the
preparation of the report. These services will be conducted in accordance with the scope of
services agreed with you, our client, as set forth in this proposal.
Certain indicators of subsurface impacts may be inaccessible, nondetectable, or not present
during these services, and we cannot represent that the site contains no hazardous substances,
petroleum products, or other latent conditions beyond those identified during this groundwater
monitoring services. Subsurface conditions are subject to spatial and temporal variability. Our
findings, conclusions, and recommendations will be based solely upon data obtained at the time
and within the scope of these services.
Responsive ■ Resourceful ■ Reliable 8
EXHIBIT"A"
Page 10 of 14
•
•
Proposal for Groundwater Monitoring
Cefe Valenzuela and JC Elliott MSW Landfills • Corpus Christi,Texas lierracon
August 28, 2018 o Terracon Proposal No. PCD187028
Table 1. Sampling and Analytical Program for Detection Monitoring
Appendix 1
Quantity Appendix 1 Metals
Sample Locations or VOCs EPA
MSW Landfill Frequency EPA 8260 6010/7471
Cefe Valenzuela Monitoring Well 33 X X
Sump 3 X X
Trip Blanks Daily X
Field Blank Daily X
Equipment Blank Per Event X X
Duplicates Every 10 X X
samples
Split Per Event X X
Trip Blanks Daily X X
JC Elliott Monitoring Wells 23 X X
Sumps 3 X X
Trip Blanks Daily X
Field Blank Daily X
Equipment Blank Per Event X X
Every 10
Duplicates X X
samples
Split Per Event X X
Appendix Ito 40 CFR Part 258 Subpart related to Groundwater Monitoring and Corrective Action at MSW Landfills
Responsive ■ Resourceful ■ Reliable 9
EXHIBIT "A"
Page 11 of 14
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JAL 08-24-2018 PH(210)641-2112 Fax(210)641-2124
EXHIBIT"A"
Page 12 of 14
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C 7 AND IS NOT INTENDED FOR CONSTRUCTION Approved by: Data: San Antonio,TX 782164164 Bishop, Nueces County, Texas 78380
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EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
Sample form for
COMPLETE PROJECT NAME Payme7
Revisedd 0772/2 71/0000
Project No.XXXX
Invoice No.12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No.1 Amd No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
0&M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
Contract for Professional Services
.
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required insurance has been
obtained and such insurance has been approved by the City. Consultant must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has been
obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy
of Certificates of Insurance (COI)with applicable policy endorsements showing the following minimum
coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation
is required on all applicable policies. Endorsements must be provided with COI. Project name
and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City
with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and
any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis,
by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's
rating of no less than A-VII. Consultant is required to provide City with renewal Certificates.
1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of
the replacement certificate of insurance to City at the address provided below within 10 business days of
said change. Consultant shall pay any costs resulting from said changes. All notices under this Article
shall be given to City at the following address:
City of Corpus Christi
Contract for Professional Services
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance,all insurance policies
are to contain or be endorsed to contain the following required provisions:
1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such
cancellation will be provided at least 30 days in advance of the cancellation effective date
to the certificate holder.
1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be
provided within 10 days of the cancellation effective date to the certificate holder.
1.7 Within five(5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant
shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's performance should
there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the
required insurance shall constitute a material breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein required,the City
shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant
may be held responsible for payments of damages to persons or property resulting from Consultant's or
its subcontractor's performance of the work covered under this agreement.
1.10 Itis agreed that Consultant's insurance shall be deemed primary and non-contributory with respect
to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of
operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this agreement.
Contract for Professional Services