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HomeMy WebLinkAboutPR 15123: SCS ENGINEERS - LANDFILL LEVEE REPAIRSMEMORANDUM PUBLIC WORKS DEPARTMENT TO: Stephen B. Fitzgibbons, City Manager FROM: Ross E. Blackketter, P.E., Director of Public Works SUBJECT: P. R.# 15123, SCS Engineers for Landfill Levee Repair DATE: 18 March 2009 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 15123 approving an agreement previously authorized by the City Manager with SCS Engineers of Bedford, Texas for responding to a statistical exceedence of groundwater standards for the amount of $13,800. Funds are available in account 403-1274-533.54-00. BACKGROUND: One of the groundwater monitoring wells at the City landfill has shown a statistically significant exceedence in the levels of Volatile Organic Constituents (VOCs). The Texas Commission on Environmental Quality (TCEQ) has certain requirements on how to respond to an event like this. Because of the time frame required to respond, the City Manager approved SCS Engineers preparing the appropriate action plan and performing the necessary initial investigation. BUDGETARY/FISCAL EFFECT: Funds are available in account 403-1274-533.54-00. EMPLOYEE/STAFF EFFECT: None.. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. agreement previously authorized by the City Manager with SCS Engineers responding to a statistical exceedence of groundwater standards for the Funds are available in account 403-1274-533.54-00. ~`~C rE~C~iG~ Ross E. Blackketter, P.E. e Director of Public Works REB/reb 15123 approving an of Bedford, Texas for amount of $13,800. Z:\engineer\Documents\CAMS\Groundwater Response.doc P.R.15123 03/18/09 reb RESOLUTION NO. A RESOLUTION APPROVING A PREVIOUSLY AUTHORIZED AGREEMENT BY THE CITY MANAGER WITH SCS ENGINEERS OF BEDFORD, TEXAS TO INVESTIGATE GROUNDWATER EXCEEDENCES AT THE CITY LANDFILL FOR THE AMOUNT OF $13,800; FUNDING BEING AVAILABLE IN ACCOUNT 403- 1274-533.54-00 WHEREAS, that a statistically significant exceedence to groundwater standards was detected in a monitoring well at the City landfill; and, WHEREAS, SCS Engineers has submitted a proposal to investigate the source of compounds exceeding criteria and create an action plan for the Texas Commission on Environmental Quality according to their standards; and, WHEREAS, SCS Engineers can perform this service for a cost of $13,800, which, due to the time requirements has been authorized by the City Manager; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Council approves the agreement authorized by the City Manager with SCS Engineers of Bedford, Texas (attached as Exhibit "A'~ to provide necessary services in response to the statistical exceedence of groundwater standards, funding being available in account 403-1274-533.54-00 as it pertains to the February 23rd proposal by SCS, Proposal No. 16123208; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the _ day of A.D. 2009 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor, Councilmembers: P.R.15123 Page 2 Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Stephen B. Fitzgibbons City Manager APPROVED AS TO AVAILABILITY O FUNDS: Rebecca Underhill, CPA Assistant City Manager/Administration Ross E. Blackketter, P.E. Director of Public Works Z:\engineer\Documents\Resolutions\PR15123 EXHIBIT A 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 investigating Volatile Organic Detections in monitoring well MW-2 at the City of Port Arthw Landfill, as defined in SCS' letter of February 20, 2009, 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 $13,800. 3. Method of Invoicing: monthly on a percent complete basis 4. Professional Retainer: not applicable 5. Other Terms: not applicable 6. General Conditions: a. Payments for invoices prepared by SCS aze due and payable upon receipt. Payments due SCS under this Agreement shall be subject to a service chazge 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 I S 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 I above performed at the request of the Client shall be compensated on atime-and-materials basis at the rates contained in SCS' Standazd 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 inswance with coverage limits, which are reasonable in light of the Services to be undertaken, and Workers' Compensation Insurance as required bylaw. 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 aze 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. F bD proposals pon Ashur gN' 2009 CO?2709 Contract P~ Ashur VOCs in M W-2.dce 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 hazazdous 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 hazazdous 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 ageed 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 Steams, Conrad and Schmidt Consulting Engineers, Inc. S. 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 ENGINEE ~~~~ BY: NAME: Kevin D. Yard, P.E., BCEE TITLE: Vice President/ DATE: °~/ ~ ~/ ~~ CITY OF PO/~R~T ARTHUR, TEXAS: BY: ~/ NAME• Sfr~r// /~/Ly~,Slo•, , TITLE: ~rYV /~'J.,, .,, r DATE: 3~ ~~O q F: bD proposals pon .4rthufg K' 2009 C022309 Contract % Arthur VOCs in MN'-_'.doc Environmental Consultants 1901 Central Drive 817 571-2288 and Contractors Suite 550 FAX 817 571-2188 Bed Ford, Texas 76021 www.scsengineers.com February 23, 2009 SCS Proposal No. 16123208 Mr. John Comeaux, P.E. Assistant City Manager, Operations City of Port Arthur 444 4's Street Port Arthur, Texas 77640 Subject: Proposal for Investigation of VOCs in Monitoring Well MW-2 City of Port Arthur Landfill Dear Mr. Comeaux: As discussed in our conference call of February 16, 2009, SCS Engineers (SCS) is pleased to present this proposal for services associated with volatile organic constituents (VOCs) detected in monitoring well MW-2 at the City of Port Arthur Landfill (the Landfill). SCS has appreciated the opportunity to provide groundwater monitoring services thus far, and we look forwazd to providing these related services to the City. These services aze required due to a statistical exceedence in a Groundwater Protection Standard for VOCs that was reported to TCEQ as required by solid waste regulation 330.409(g). These services are proposed in conjunction with a commitment made in a letter sent to the TCEQ dated February 16, 2009 to submit an Action Plan within 30 days (i.e., by Mazch 16) to address VOC detections in monitoring well MW-2. The Action Plan states that only a limited initial investigation is possible at this time, due to uncertainties associated with the fact that the Subchapter J Permit Modification and associated well installation plugging is still undergoing TCEQ review. Monitoring well MW-2 is scheduled to be plugged soon after the Subchapter J Permit Modification is approved, unless TCEQ determines that plugging of this well will not be approved due to VOC detections. 1.0 PROJECT BACKGROUND The Port Arthur Landfill has eight Subtitle D groundwater monitoring wells. Monitoring wells MW-1 and MW-2 aze located upgradient of the Phase I area of Site 1815. The other wells aze generally downgradient and/or possibly sidegradient. All of the existing monitoring wells in the approved groundwater monitoring system are located downgradient of the closed Site 0009, immediately adjacent to the east. Background monitoring for all wells consisted of eight sampling events conducted from March, 1996 to July, 1997. Semi-annual detection monitoring was initiated in January, 1998 and has continued through the present. F:\bD~proposals`port ArthurgW~2009~,Po22309 Comczux GWM MW2VGC Im~estigation.dce li~~at^n~c~~i'~>• Offices Nationwide g.~ Mr. John Comeaux, P.E. February 23, 2009 Page 2 of 6 VOC detections in monitoring well MW-2 have been variable, ranging from non-detect to exceeding federal drinking water standards. The VOCs detected in MW-2 aze summarized in the following table. The VOCs of concern include cis-1,2 dichloroethylene (cis-1,2 DCE), trichloroethylene (TCE), and tetrachloroethylene (PCE). The cis-1,2 DCE detections are well below the Maximum Contaminant Limit (MCL) of 70 ug/L. However, recent TCE and PCE detections have been above their respective MCLs of 5 ug/L. The detections aze tabulated and graphed below. Given that VOCs were detected for the last two sample events both before and after Humcane Ike flooding, it appears unlikely that the flooding affected VOCs in MW-2. VOC Detections in MW-2 Cis 1,2 DCE ug/L PCE ug/L TCE ug/L Maximum Contaminant Limit (ug/L) 70 5 5 1/14/2004 1.3 <1.0 1.8 7/15/2004 2.9 1.1 4.7 1 / 12/2005 4.0 2.0 6.8 8/23/2005 2.4 2.5 6.6 12/1 /2005 1.9 2.4 4.7 2/ 1 /2006 5.6 5.1 12 7/20/2006 <5 <5 7 1 /25/2007 <5 <5 <5 6/28/2007 <5 <5 <5 12/6/2007 ] 0 8.9 23 6/12/2008 17 26 37 12/ 17/2008 15 24 40 Monitoring well MW-2 was placed in assessment monitoring in 2006, as required by the confirmed VOC detections. Possible origins for these VOC detections were evaluated in a November 2006 investigation, when it was concluded that landfill gas (LFG) was the most likely cause. Due to the proximity of MW-2 to both the 0009 and 1815 in-situ lined areas, LFG from either or both areas maybe the cause of VOCs in MW-2. F^b Dlpmposals•,pon Anhur~gWQ0p9'~•P022309 Comraux GW'M MW'-2 VOC Investigation.doc Mr. John Comeaux, P.E. February 23, 2009 Page 3 of 6 Port Arthur Landfill Groundwater Monitoring VOCs in MW-2 -~ a 45 ~ 3p 2-DCE (ug/I)' ~ tcis-l c , 20 I --~ PCE (ug/I) c 15 0 10 i~-TCE (ug/l) c U 5 0 tiooo'LOOatiooatioo~ ryoohryooo~o06~00~ ~oo~\~ooe~ooe tioo9 Oate of Measurement 2.0 SCOPE OF WORK This scope of work includes three tasks, as described below. Task 1 -Preliminary Services In order to comply with TCEQ deadlines, these services have been provided in conjunction with addressing the statistical exceedence reported in the February 16, 2009 statistical submittal. These services include • Conducting initial analysis, regulatory review and formulating recommendations • A conference call on February 16, 2009 • Drafting Notification of Local Government Authorities Letter (provided to the City via e- mail on February 18, 2009) • Drafting Action Plan (provided as attached to this proposal) F:\hD',proposals\pon AnhurgW'Q009tPo??309 Comeaux GWM MW-2 VOC Imesti~ation.dce Mr. John Comeaux, P.E. February 23, 2009 Page 4 of 6 Task 2-Monitoring Well Field Sampling and Bar Probe Investigation Task 2 goals include: (]) Sample wells to re-establish that any goundwater plume that may exist is not moving off the Landfill property. This was an important conclusion to the 2006 investigation, and it would be in the City's interest to promptly update and confirm this conclusion. Water sampling of wells surrounding MW-2 is intended to "put a box azound the problem" and demonstrate very limited geographic extent (in fact, it is hoped that results demonstrate the problem is entirely confined to just MW-2). Sampling (for VOCs only) is proposed for five wells: MW-2 and the wells on either side of MW-2 (i.e., MW-1 and MW-3), TMW-2 (installed as a part of the 2006 investigation), and NB-1 (piezometer installed in 0009 azea in 2001 and sampled as a part of the 2006 investigation). Prior to sampling, the air in the well casings above the water will be measured with calibrated GEM 2000 gas analyzer to determine if any methane occurs in the wells. It is important to collect water samples that are representative of groundwater in the formation. In order to achieve this goal, wells will be flushed prior to sampling by purging five volumes with an electric pump. This will be especially important for sampling older wells which have not been used for several years. SCS is assuming the City will provide two drums at each location to store purged water (total of ten drums). Water will be stored in the drums pending laboratory analysis, which may indicate the drummed water should be treated as leachate. The drums and their contents will become the property of the City. (2) Conduct a limited bar hole probe investigation to map the presence of LFG in the vicinity of MW-2 (if any). Results of the bar hole probing will be used by SCS to assist in our determining the role of LFG in causing VOC detections in MW-2. Currently, we are not planning to submit the results of bar hole probing. The purpose of obtaining the baz hole probe data is for possible use in assessing remedial alternatives, if TCEQ compels additional action as a result of the VOC detections. One of the least-cost remedial alternatives to consider is passive venting of LFG. The bar hole probe results would be useful in evaluating design alternatives such as vertical vent pipes, a vent trench, location(s) where venting is needed, etc. The bar hole investigation scope includes one day of a field technician's time to measure subsurface gases in a grid of points in the vicinity of MW-2. A GEM 2000 gas analyzer will be used to determine methane concentration (if any) that occurs in the baz hole sample locations. No gas samples will be retained or collected. A sketch map of bar hole probe sample locations with results will be prepazed by the Feld technician. F:\b D'~pmposals~pon ArthurigW`?009~P022309 Comeaux GWM MW-? VOC lmestigation.doc Mr. John Comeaux, P.E. February 23, 2009 Page 5 of6 Task 3-Report SCS will compile a letter report of investigation results with water sample laboratory analyses, suitable for submittal to TCEQ after City review. The report will review the water sampling results. The draft report wilt be submitted to the City for comment. SCS will incorporate City review comments and submit two copies of the final report to TCEQ-Austin, one copy to the TCEQ regional office, and two copies to the City. Bar hole probe results will be presented in a conference call with the City. SCS will also provide verbal recommendations regarding further action that maybe required by regulation (if any). 3.0 FEE SCS proposes to provide the previously described services in Tasks I through 3 for a lump sum fee of $13,800. Invoicing will be issued monthly on a percent complete, lump sum basis. 4.0 ADDITIONAL SERVICES The preceding Scope of Services has been developed based on our understanding of the project. The following is a list of additional services (not included in our fee estimate) for the City of Port Arthur's current and future consideration: • Evaluate Remedial Alternatives -Depending on the results of the field sampling, an evaluation of remedial alternatives and costs may be needed. SCS would be glad to provide a proposal for these follow-up services, if needed. • Drilling and/or Well Plugging -Note that this proposal includes no services for well installation or plugging. • Sampling and analyzing water samples from other than the five wells mentioned previously. • Resampling that may be requested or required by the TCEQ. • Sampling for constituents other than VOCs. • Surveying. • Work interruption or delay caused by weather, site access problems, or other circumstances beyond SCS control. • Disposal of purge and other waste water and soils generated during the investigation. The containers and waste liquids contained therein will become the property of the City. F\bDproposalslpon AnhudgWQ009'~,Pp2?309 Comrnuz GWM M W-2 VOC Invesciga~ion.doc Mr. John Comeaux, P.E. February 23, 2009 Page 6 of 6 • Responding to TCEQ correspondence. Given the status of the pending Subchapter J Perrnit Modification and the associated uncertainty of the neaz-term future of monitor well installation plugging, it is difficult to anticipate what follow-up actions TCEQ may request. SCS would be glad to provide a proposal for follow-up services if required. • Redevelopment or any other monitor well maintenance required for field sampling or requested by any party. SCS appreciates this opportunity to propose on these services at the City of Port Arthur Landfill. For your consideration, we are including a short form agreement. As with our other projects, you will note that this agreement contains the same terms that the City has previously agreed to. If you have any questions related to this proposal, please feel free to contact us at (817) 571- 2288. Sincerely, ~~ <~T~-lnn/~c-2- Kevin D. Yard, P.E. James Lawrence, P.G. Vice President Project Manager SCS ENGINEERS SCS ENGINEERS Attachments: Short Form Agreement (as previously approved by the City) F:\b D~proposals•.pon ArthurgW2O09~,Po22309 Comeauz GWM M W--: VOC Imestiga~ioadoc