HomeMy WebLinkAboutPR 14763: SCS ENGINEERS - LANDFILL ASD RESPONSEMEM®~4NDUM
PUBLIC VN®RI(S ®EP141STMEIVT
TO: Steve Fitrgibbons, City Manager
FROM: John Comeaux, P.E., Director of Public Works ~~ ro2 J. A . ~-.
SUBJECT: P.R. #.14763, Landfill ASD response
DATE: June 10, 2008
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 14763 authorizing the
City Manager to execute an agreement with SCS Engineers of Bedford, Texas to provide
services related to responding. to requests made. by the Texas Commission on Environmental
Quality (TCEQ) regarding groundwater monitoring well MW-3. This service will be provided for
an amount not to exceed $5;000. Funds are available in Account No. 403-1274-533.54-00 in the
Public Works-Solid Waste Division FY 2008 Budget.
BACKGROUND:
In recent correspondence, the TCEQ has expressed. concern with regard to barium detections in
groundwater samples obtained at monitoring well MW-3. These recent detections constitute
Statistically Significant Changes (SSCs), because they remain well above the background levels
observed during the baseline time period of 1995 through 1998.
The TCEQ is requiring additional information in support of the previous Alternate Source
Demonstrations (ASDs), and'stating the alternative is to place MW-3 in assessment monitoring.
It is in the City's best interest to supplyadditional information in support of an ASD, rather than
place MW-3 in assessment resulting in additional ongoing expense.
SCS Engineers will provide soil sampling. and analysis services to establish background
concentrations of barium in soils at the landfill. The results will be included in a response to the
TCEQ to support the previous ASDs.
BUDGETARY/FISCAL EFFECT:
Funds are available in the Public Works-Solid Waste Division FY 2008 Budget, Account No. 403-
1274-533.54-00.
EMPLOYEE/STAFF EFFECT:
Acceptance of this recommendation will have no effect on staffing levels.
SUMMARY:
It is recommended that the City Council approve Proposed Resolution No. 14763 authorizing the
City Manager to execute an agreement with SCS Engineers of Bedford, Texas to provide
services related to responding. to requests for made by the Texas Commission on Environmental
Quality (TCEQ) regarding groundwater monitoring well MW-3. This service will be provided for
an amount not to exceed $5,000. Funds are available in Account No. 403-1274-533.54-00 in the
Public. Works-Solid Waste Division FY 2008 Budget.
Z:\engineer\Documents\CAMS\CAM ASD -SCS Eng.doc
PR 14763
06/10/08 mt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH SCS ENGINEERS OF
BEDFORD,TEXAS~TO PROVIDE SERVICES RELATED TO
RESPONDING TO REQUESTS MADE BY THE TEXAS
COMMISSION ON ENVYRONMENTAL QUALITY (TCEQ)
REGARDING GROUNDWATER MONITORING WELL
NUMBER MW3; FUNDING BEING AVAILABLE IN FY 2008
ACCOUNT NO. 403-1274.-533.54-00
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) has expressed
concern with regard to groundwater samples obtained at monitoring well MW-3; and,
WHEREAS, the TCEQ is requiring additional information in support of the previous
Alternate Source Demonstrations (ASDs) or place the well in assessment monitoring; and,
WHEREAS, it is in the City's best interest to supply additional information in support
of an ASD rather than place MW-3 in assessment at this time; and,
WHEREAS, SCS Engineers will provide soil sampling and analysis services to establish
background concentrations of barium in soils which will be included in a response to the
TCEQ; and,
WHEREAS, SCS Engineers can perform this service. a cost not to exceed $5,000; now,
therefore,
BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Manager be and he is hereby authorized to execute an agreement with
SCS Engineers of Bedford, Texas to provide services required by new MSW rule
subchapter J in an amount not to exceed $5,000, funding being available in fiscal year
2008 budget account no. 403-1274-533.54-OO;and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED this day of
PR 14763
Page 2
READ, ADOPTED, AND APPROVED this day of
A.D., 2008, at a Meeting of the City Council of the City of Port Arthur,
Texas, by the following vote: A
Councilm
Mayor.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
~~
City Attorney g~,c .~G.1-Q/l~c~~ ~)
APPROVED FOR ADMINYSTRATION:
Steve Fitzgibbons
City Manager
~o/Z John A. Comeaux, P.E.
Director of Public Works
APPROVED AS YO AVAILABYLITY
OF FUNDS:
Rebecca Underhill, CPA
Finance Director
Z:\engineer\Documents\Resolutions\PR14763.doc
Environmental Consultants 1901 Central Drive 817 571-2268
and Coniroclors Suite 550 FAX 817 571 -21 BS
Bedford, Texas 76021 www.scsengineers.com
May 30, 2008
Proposal No. 16093208
Mr. John A. Comeaux, P.E.
Director of Public Works
City of Port Arthur
444 4's Street
Port Arthur, Texas 77641
Subject: Proposal to Provide Services to Respond to TCEQ Letter(s)
Relating to Groundwater Monitoring at Well No. MW-3
City of Port Arthur Landfill
Port Arthur, Texas
Dear Mr. Comeaux:
SCS Engineers (SCS) is pleased to present this proposal as discussed in our telephone
conversation of May 29. This proposal is to provide services related to responding to requests
for information and follow-up made by the Texas Commission on Envirorunental Quality
(TCEQ) regarding groundwater monitoring well number MW-3 at the City of Port Arthur
Landfill.
BACKGROUND
In recent correspondence, the TCEQ has expressed concern with regard' to barium detections in
groundwater samples obtained at monitoring well MW-3. These recent detections constitute
Statistically Significant Changes (SSCs), because they remain well above the backgound levels
observed during the baseline time period of 1995 through 1998.
The TCEQ is requiring additional information in support of the previous Alternate Source
Demonstrations (ASDs), and stating the alternative is to place MW-3 in assessment monitoring.
As discussed, we recommend that it is in the City's best interest to supply additional information
in support. of an ASD, rather than place MW-3 in assessment at this time.
SCOPE OF WORK AND FEE
To respond to the May 21, 2008 TCEQ letter, SCS proposes to provide soil sampling and
analysis services in conjunction with the June 2008 groundwater sampling event. The purpose of
the soil sampling is to establish background concentrations of barium in soils. SCS will use a
hand auger to collect soil samples from approximately five locations. The samples will be sent
l'U~3~Ill81Rt~~ur~FfW3 Response final.doc ~ ;~yt,
May 30, 2008
Mr. John A. Comeaux, P.E.
Page 2
to a soil testing laboratory to be analyzed for barium. As you know, it is not feasible to predict in
advance the results of this soils testing. Following our review of the results and discussion with
the City, if appropriate, SCS will submit the results of the testing in a brief letter report to TCEQ.
In addition to the services described above, this proposal scope includes future, as=needed
services that maybe required in conjunction with this matter. Because it is difficult to determine
how the TCEQ will proceed or the scope of additional information required in the future,. SCS
proposes to provide all services under this scope on atime-and-materials basis, not to exceed
$5,000. The City will only be billed for actual services as they are provided, and each invoice
will describe the services provided.
SUMMARY
We appreciate the opportunity to be of continuing service to the City of Port Arthur. For your
consideration, we are including a short form ageement. As with our other projects, you will
note that this agreement contains the same terms that the City has previously agreed to. We are
available to discuss this with you at your convenience. If you have any questions, please contact
us at (817) 571-2288.
Sincerely,
r ~~G~
L~
K in D. Yard, P.E., B EE
Vice President
SCS ENGINEERS
James Lawrence, P.G.
Project Manager
SCS ENGINEERS
cc: Ross Blackketter, P.E. (w/ att.)
Gerald Robinson (w/ att.)
Michael Tentrup (w/ att.)
Attachments: Agreement Form
P053008 ft Arthur M W-3 Response Final.doc
AGREEMENT BETWEEN SCS ENGINEERS AND CLIENT
FOR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Port Arthur, Texas (hereafter "Client"), and
SCS Engineers (hereafter "SCS").
WITNESSETH
That for the considerations set forth below, the parties agree as follows:
1. Scope of Services: SCS shall provide services (hereafter "Services") for Responding to
TCEQ Letter(s), as defined in SCS' letter of May 30, 2008, as directed by the Client, in accordance with the
terms and conditions of this Agreement.
2. Basis of Compensation: Time and Materials, not to exceed contract total of $5,000.
3. Method of Invoicing: monthly, based on the attached fee schedule.
4. Professional Retainer: not applicable
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 subject 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, including reasonable attorney fees, arising out of or in
connection with collecting amounts for which Client is responsible pursuant to this Agreement
c. This Agreement may be terminated by either party upon 15 days' written notice to the 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 atime-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. SCS will maintain liability insurance in the minimum amount of $1,000,000.
f Any drawings, specifications, reports, data and notes developed pursuant to this Agreement are
instruments of service, and as such the original documents, tracings, and field notes are and remain the
property of SCS. Copies will be made available to the city upon request.
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
Beater). 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'
subwntractors.
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 of a
"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 Ageement.
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 Services.
7. For the purposes of this Agreement, the term "SCS Engineers" shall mean Stearns, Conrad
and Schmidt Consulting Engineers, Inc.
8. This contract is subject to the annual budget process of the City and the availability of funds.
If the City is not able to budget funds, then SCS will be notified accordingly.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives as of the last date written below.
SCS ENGIN
BY: _. ~C
NAME: Kevin D. Yard, P.E., BCEE
TITLE: Vice President
DATE: `3~~ 3D/~~
CITY OF PORT ARTHUR, TEXAS:
BY:_
NAME:
TITLE:
DATE:
Environmental Management Consultants 1901 Central Drive 1309 S. Second Street
O`£ices Nationwide Suite SSO ~ Suite C-400
Bedford, Texas 76021 Austin, Texas 78704
817-571-2288 Mair, 512-440-1888 Main
SCS ENGINEERS FEE SCHEDULE
(Effective June 1, 2008 through June 30, 2009)
SCS Engineers
Office Director ....................................................................................................
Project Director (Engineer) ................................................................................
Project Manager (Engineer) ...............................................................................
Senior Project Professional ................................................................:..............
Project Professional (Engineer) .........................................................................
StaffProfessional2 (Engineer) ..........................................................................
StaffProfessionall (Geologist) .........................................................................
CAD Designer ...................................................................................................
Associate Staff Professional ...............................................................................
CAD Draftsperson ...............................................................................................
Office Service Manager ......................................................................................
Secretarial/Clerical ..............................................................................................
Sr. Technician .....................................................................................................
Technician ...........................................................................................................
Rate/Hour ($)
175
155
140
120
95
80
70
93
60
60
58
45
6~
50
1. The hourly rates are effective through June 30, 2009. Work performed thereafter is subject to
a new Fee Schedule issued for the period beginning July 1, 2009.' Consistent with federal
regulations, a factor of 150% will be applied to overtime hours for field personnel.
2. 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-.485 per mile for autos and $0.60 per mile for company
trucks. Daily rates apply on long-term projects.
3. Invoices will be prepared monthly for work in progress unless otherwise 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.
4. Payment of SCS Invoices for services performed will not be contingent upon the client's
receipt of payment from other parties; unless otherwise agreed. 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.
5. 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.
6. Computer and CADD time will be invoiced at $3.50 per billable hour (non field work).
F:BU1Fee$ched\_.\Fee schedule2008-09 SCSEn_er 060108.doc