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Home My WebLink AboutPR 11980:COMPLIANCE MGMT PLANTO: FROM: SUB3ECT: DATE: PUBLZC WORKS DEPARTMENT COUNCI~L ACT'~ON MEMO Steve Fitzgibbons, City Manager Leslie E. McMahen, P.E., Director of Public Works P.R. #11980 October 17, 2002 RECOMMENDA'D/ON: It is recommended that the City Council approve Proposed Resolution No. 11980, approving a Letter of Agreement from SCS Engineers for the Compliance Management Plan (CMP) for the City of Port Arthur Landfill, in the total amount of $7,000. Funds are available in Account No. 403-1274-533.54-00 in the Public Works-Solid Waste Division FY' 2003 Budget. BACKGROUND: The proposal is to provide technical services in the preparation of the Compliance Management Plan which will aid the landfill managers in maintaining compliance with Texas Commission on Environmental Quality (TCEQ) regulations and permit conditions, as well as applicable local and federal environmental regulations. The CMP will include specific recommended actions on how to cost effectively maintain compliance and improve the facility. BUDGETARY/FTSCAL EFFECT: Unencumbered funds in the amount of $75,000 are available in the Public Works-Solid Waste Division FY 2003 Budget, Account No. 403-1274-533.54-00. EMPLOYEE/STAFF EFFECT: Acceptance of this recommendation will have no effect on staffing levels at this time. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 11980, approving a Letter of Agreement from SCS Engineers for the Compliance Management Plan (CMP) for the City of Port Arthur Landfill, in the total amount of $7,000. Funds are available in Account No. 403-1274-533.54-00 in the Public Works-Solid Waste Division FY 2003 Budget. Leslie E. M~:Mahen, P.E. Director of Public Works file c:\cams\scslet~erofagreement P.R. No. 11980 10/18/02 vid RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY t4ANAGER TO EXECUTE A LE'rl'ER OF AGREEMENT IN THE AI~OUNT O1:$7~000 BE'rWEEN TIlE CITY O1: PORT ARTHUR, TEXAS AND SCS ENGINEERS O1: BEDFORD, TEXAS FOR ENGINEERING AND TECHNICAL SERVICES FOR THE PREPARATION OF A COt4PLIANCE 14AHAGEMENT PLAN FOR THE CITY'S SANITARY LANDFILL, WITH FUNDING AVAILABLE IN FY 2003 BUDGET ACCOUNT NO. 403-1274-$33..~4- 00. WHEREAS, it is prudent for the City to have a Compliance Management Plan for the continued efficient and proper operation of its sanitary landfill; and, WHEREA$~ it is necessary to maintain the facility in compliance with the Texas Commission on Environmental Quality's regulations and permit conditions, as well as other federal and local environmental regulations; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL O1: THE CITY OF PORT ARTHUR, TEXAS: THAT the City Manager be and he is hereby authorized to execute a Letter of Agreement with SCS Engineers of Bedford, Texas for the preparation of a Compliance Management Plan for the City's sanitary landfill, as shown as Exhibit "A" attached in part hereto and made a part hereof; and, THAT the amount of said Agreement is not to exceed $7,000 without further authorization from the City; and, THAT funding for the Agreement is available in the FY 2003 Budget Account No. 403-1274-533.54-00; and, THAT a copy of the caption of this Resolution be spread upon the Minutes P.R. No. 11980 Page #2 of the City Council. READ, ADOPTED AND APPROVED this the __ day of 2002 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Attest: City Secretary APPROVED AS TO FORM: gt(/Attorney P.R. No. 11980 Page #3 APPROVED FOR ADMINISTRATION: Steve Fitzgibbons City Manager Leslie E. McMahen, P.E. Director of Pubic Works ~O AVAILABILITY OF FUNDS: Rebecca Underhill Finance Director file c:\res\scslettero fagreement SCS Project No.: AGREEMENT BETWEEN SCS ENGINEERS AND CLIENT FOR PROFESSIONAL SERVICES Exhibit "A" P.R. No. 11980 This Agreement is made by and between the City of Port Arthur, Texas (hereafter "Client"), and SCS Engineers (hereafter "SCS"). WlTNESSETlt That for the considerations set forth below, the parties agree as follows: 1. Scope of Services: SCS shall provide services fo~- the development of a Compliance Management Plan for the City of Port Arthur landfill as described in the attached proposal (hereafter "Services"), in accordance with the terms and conditions of this Agreement. 2. . Basis of Compensation: lump sum fee of $7,000 3. Method of Invoicing: percent complete by month 4. Professional Retainer: not applicable 5. Other Terms: not applicable 6. General Conditions: a. Payments for invoices prepared by SCS are due and payable upon receipt. Payments due SCS under this Agreement shall be snbject to a service charge of one and one-half (1-1/2) percent per month for invoices not paid within thirty (30) days after the date of receipt of invoice. b. Client agrees to pay all costs and expenses of SCS, iucluding reasonable attorney fees, arising out of or in cm'mectinn with collecting amounts for which Client is responsible pursuant to this A~eement c. This Agreement may be terminated by either party upon i5 days' written notice to thc other party. Upon termination, SCS shall be paid for all Services rendered to the date of termination together with any termination expenses incurred. d. Any work in addition to that described in Article 1 above performed at the request of the Client shall be compensated on a time-and-materials basis at the rates contained in SCS' Standard Fee Schedule in effect at the time of performance of the Services, said schedule being attached hereto. e. The parties hereto shall each maintain in full force and effect Commercial General Liability insurance with coverage limits, which are reasonable in light of the Services to be undertaken, and Workers' Compensation Insurance as required by law. f. All documents, including original drawings, estimates, specifications, field notes and data are property of CITY. ENGINEER may retain reproducible copies of drawings and other documents. All documents, including dra~:ings and specifications prepared by ENGINEER are instruments o£serx icc in respect to the project. They are not intended or represented to be suitable for reuse by CITY or others on exteusions of the Project or on any other project. a,~mt-SF 102202CMP-w-fee sch (R¢~.Apr 2000) Exhibit "A" P.R. No. 11980 g. Neither party shall delegate its duties under this Agreement without the written consent of the other party. Each party binds itself to the successors, administrators and assigns of the other party in respect of all covenants of this Agreement. h. The parties agree to the following allocation of liability in the projects undertaken hereunder. The parties agree that SCS' liability under this Agreement and for the Project shall be limited to the amount covered, if any, by SCS' liability insurance then in effect, or the amount of SCS' total fees hereunder (whichever is greater). The Client may pay for the assumption of additional liability by SCS as a separate line item in Article 2 above. i. Unless otherwise expressly stated in the Scope of Services, SCS shall have no responsibility for site health and safety, except with respect to the activities of SCS and its subcontractors. In no event shall SCS be responsible for the means, methods or manner of performance of any persons other than SCS and SCS' subcontractors. j. Client agrees that SCS will not be responsible for liability caused by the presence or release of hazardous substances or contaminants at the site, unless the release results from the sole negligence of SCS or its subcontractors. The Client will either make others responsible for liabilities due to such conditions, or will indemnify, defend and save harmless SCS from such liabilities. At no time shall title to hazardous substances, solid wastes, petroleum contaminated soil or other regulated substances pass to SCS, nor shall any provision of this Agreement be interpreted to permit or obligate SCS to assume the status ora "generator," "owner," "operator," "transporter," "arranger" or "treatment, storage or disposal facility" under state or federal law. The provisions of this Article 6j shall survive any termination of this Agreement. k. SCS shall be entitled to rely on information provided by Client. SCS shall be entitled to an equitable adjustment in the price and schedule, as agreed by the Client, if conditions differ materially from information provided by Client, or differ from what could reasonably be anticipated given the nature of the Sen,ices. 7. For the purposes of this Agreement, the term "SCS EngNeers" shall mean SCS Engineers of Ohio, Inc. for projects in Ohio, SCS Engineers P.C. for projects in New York and North Carolina, and Steams, Conrad and Schmidt Consulting Engineers, [,nc. for ail other projects. IN ~WtTNESS X, VHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the last date written below. SCS ENGINEERS: NAME: Kevin D. Yar~, P.E. CITY OF PORT ARTHUR, TEXAS: BY: NAME: TITLE: DATE: Vice President TITLE: DATE: Exhibit "A" SCS ENGINEERS STANDARD FEE SCHEDULE P.R. No. 11980 (Effective July 1, 2002 through June 30, 2003) Project Director/Associate Project Manager Senior Technical Advisor Senior Project Professional Project Professional StaffProfessional Designer Associate Staff Professional Draftsperson Technician Office Service Manager Secretarial/Clerical Rate/Hour ($) 140 I10 100 100 80 70 6.~5 55 55 45 50 4__q0 The hourly rates are effective through June 30, 2003. Work performed thereafter is subject to a new Fee Schedule issued for the period beginning July 1, 2003. The above rates include salary, overhead, administration, and profit. Other direct expenses, such as analyses of air, water and soil samples, reproduction, travel, subsistence, subcontractors, long distance telephone, computers, etc., are billed at actual cost plus 15 percent. Vehicle mileage is billed at $0.365 per mite for autos and $0.50 per mile for company trucks. Daily rates apply on long-term projects. Invoices will be prepared monthly for work in progress unless othenvise agreed. Invoices are due and payable upon receipt. Invoices not paid within 30 days are subject to a service charge of 1.5 percent per month on the unpaid balance. Payment of SCS Invoices for services performed will not be contingent upon the client's receipt of payment from other parties, unless other~vise a~eed. Client agrees to pay legal costs, including attorney's fees, incurred by SCS in collecting any amount past due and owing on client's account. Billing rates for Office Directors and Principals range from S140 to 5170 per hour. Kevin Yard's rate will be $150 per hour. For special situations, such as expert court testimony and limited consultation, hourly rates for principals of the firm will be on an individually-negotiated basis. a~m'mt-SF 102202CMP-w-fee sch 3 (Rev. Apr. 2000)