HomeMy WebLinkAboutPR 15689: SCS AIR COMPLIANCE REPORTINGMEMORANDUM
PUBLiC WORKS DEPARTMENT
TO: Stephen B. Ftzgibbons, City Manager
FROM: Ross E. Blackketter, P.E., Director of Public Works
SUB]ECT: P.R. # 15689, SCS -Air Compliance Reporting
DATE: 06 January 2010
RECOMMENDATION:
It is recommended that City Council approve Proposed Resolution No. 15689,
authorizing the City manager to execute an agreement between the City of Port Arthur
and SCS Engineers of Bedford, Texas to provide the TCEQ required Title V
documentation and Tier 2 air sampling, analysis, and reporting for calendar year 2010
for a total cost not to exceed $20,250.
BACKGROUND:
The Texas Commission on Environmental Quality (TCEQ) requires the City landfill to
provide annual Title V certification with semi-annual deviation reports and Tier 2 air
quality monitoring and reporting every five years.
SCS Engineers has submitted Proposal No. 16143209 to provide these reports and:
perform the necessary sampling, analysis, etc. for a cost not to exceed $20,250.
BUDGETARY/FISCAL EFFECT:
Funds are available in the Public Works-Landfill Division Budget, Account No. 403-1274-
533.54-00.-
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY:
it is recommended that City Council approve .Proposed Resolution No. 15689,.
authorizing. the City manager to execute an agreement between the City of Port Arthur
and SCS Engineers of Bedford, Texas to provide the required Title V documentation and
Tier 2'air sampling, analysis, and reporting for calendar year 2010 for a total cost not to
exceed $2Q250.
Ross E. Blackketter, P.E.
Director of Public Works
REB/reb
"Remember, we are here to serve the citizens of Port Arthur"
Z:\engineer\Documents\CAMS\S(S Air Compl CAM.dooc
P.R. No. 15689
Oi/06/10 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND SCS
ENGINEERS OF BEDFORD, TEXAS FOR AIR COMPLIANCE
MONITORING FOR THE YEAR 2010 FOR A TOTAL COST OF
$20,250. fUNDING IS AVAILABLE IN ACCOUNT NO. 403-1274-
533.54-00.
WHEREAS, the City is required by the Texas Commission on Environmental Quality
(TCEQ) to provide annual Title V certification and reporting and Tier 2 air quality monitoring
and reporting every five years; and,
WHEREAS, SCS Engineers has submitted proposal no. 16143209 to provide the
required Title V documentation and Tier 2 air sampling, analysis, and reporting for ZO10, see
attached Exhibit."A"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Manager is hereby authorized to execute a one yearagreement with SCS
Engineers of Bedford, Texas to provide the TCEQ required Title V documentation and Tier 2 air
sampling, analysis, and. reporting for calendar year 2010 for a total cost not to exceed $20,250;
and,
THAT funding is available in account no. 403-1274533.5400; and,
THAT a copy of this Resolution be sent to SCS Engineers; 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. 2010
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
2:\engineer\Documertts\Resolutions\PR15689.doa
P.R. No. 15689.
Page 7
Councilmembers:
Attest:
City Secretary
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons
City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
1(1~
Deborah Echols; CPA
Director of Finance
Mayor
APPROVED AS TO FORM:
~l~
City Attorney t-'Gf~y9
-~
Ross E. Blackketter, P.E.
Director of Public Works
Z: \engineer\Documents\Resolutions\PR15689.dooc
EXHIBIT "A"
Solid Waste Management Consultants 1901 Central Drive 72651 Briar forest Drive
Offices Nationwide Suite 550 Suite 205
www.scsengineers.com Bedford, Texas 76021 -
Houston. Texas 77077
817.571.2288 Main 287.397.6747 Main
.December 15, 2009
SCS Proposal No. 16143209
Mr. John A. Comeaux, P.E.
Assistant City Manager, Operations
City of Port Arthur
444 4~' Street
Port Arthur, Texas 77641
Subject: Air Compliance Services -.2010
City of Port Arthur Landfill
Dear John:
SCS Engineers (SCS) is pleased. to present this proposed scope of services to the City of Port
Arthur for calendar year 2010 air compliance services: These services include prepazation of
the landfill's Title V annual certification and semi-annual deviation reports as well as New
Source Performance Standazd (NSPS) Tier 2 reporting. The Tier 2 reporting was last done
approximately 5 years ago and' is required at least once every. 5 years in an effort to show that
the City of Port Arthur Landfill's non-methane organic compound (NMOC) emissions are.
less than 50 Megagrams per year and that a landfill gas collection and control system is not
required at this time.
This proposal includes two tasks with Task P covering the annual' Title V reporting
requirements and Task 2 covering the Tier 2 sampling, analysis, and reporting.
SCOPE OF WORK
Task 1- Title V Reporting
The landfill's Title V Permit requires the submittal of semi-annual deviation reports, and the
submittal of an annual certification each yeaz. TCEQ has suggested that landfills be proactive
and submit reports explicitly stating that no deviations occurred. As such, this proposal
includes the semi-annual deviation reporting regardless of whether deviations are discovered.
This task also includes the preparation of the annual certification report. Each submittal will
consist of a cover letter, a certification form that must be signed, and the appropriate
certification forms. We will contact you to discuss whether any potential deviations did occur
during the annual reporting period prior to submitting any certification forms to you for
signature.
SCS will prepaze and file-these reports on behalf of the City (with City signatures). SCS will
track the required submittal deadlines and provide a list for the City's review to affirm that no
P121509 AaSwi~L1t0 P'A.Wm.doc
Mr. John A. Comeaux, P.E.
December 15, 2009
Page 2 of 4
known deviations occurred prior to signature by the City. Any discovered deviations will be
explained and included as such in the Title V paperwork. Upon completion of all paperwork
and receipt of the City's signature page, SCS will transmit the appropriate paperwork to
TCEQ and, for the annual certification, to EPA.
This task also includes SCS assistance in filing the annual emissions fee applicability form
with TCEQ. This form is sent annually to all Title V holders to determine if emissions fees
are due to TCEQ.
Based on the current fee form, the City is not required to submit an emissions inventory or
pay emissions fees. It should be noted, however, that TCEQ has posted notice that it intends
to revise its fee rule to require all Title V permit holders to pay regazdless of emissions orthe
prior fee form's guidance. If this rule is finalized and'the landfill becomes subject to
emissions fees, fees may be due and an inventory may be advisable since fees must be based
on permitted allowables and not actual emissions unless an inventory is performed. If these
changes to the TCEQ fee rule require that fee payment occur in 2010, SCS can' provide you
with an estimate for the appropriate inventory and fee calculation support services.
As a cost savings measure, no site visits or regulatory follow-up after submittal are included
in this proposal. Typically once these forms aze filed no regulatory follow-up is necessary.
Task 2 -Tier 2 Sampling, Analysis, and Reporting
SCS will provide Tier 2 sampling, analysis, and reporting services for the City of Port Arthur
Landfill. As previously stated, the Tier 2 reporting was last done approximately 5 years ago
and is required at least once every 5 years to show that the City of Port Arthur LandfilPs non-
methane organic compound (NMOC) emissions aze less than 50 Megagrams per yeaz and that
a landfill gas collection and control system is not required. Based on the fact that the last Tier
2 sampling and analysis was completed by January 26, 2005, the new sampling should be
commenced prior to January 26, 2010.
The NSPS rule require a sample rate of 2 samples per hectare for azeas which have had waste
in place 2 years or more with a maximum of 50 samples. The current azea of the landfill is
lazge enough that the maximum number of samples per the NSPS rule (50) will be required
during this sampling effort.
Each sample canister from the laboratory can contain 3 separate sample points, and each
analysis in the laboratory can include up to 5 separate points. SCS will composite sampling
and analyses to lower laboratory costs. The canisters aze pre-chazged with inert gas and, as
such, will not require hazardous shipping as had been required in the past for flammable
materials such as landfill gas.
SCS will subcontract Chastain Environmental Services for the sampling effort. Having
performed many Tier 2 subsurface investigafions in the State of Texas, Chastain
Environmental Services is a very experienced landfill gas sampling contractor. In view of our
P121509 Air5avica 2010 PNMirt.doc
Mr. john A. Comeaux, P.E.
December 15, 2009
Page 3 of 4
prior experience of working with Chastain Environmental Services and Chastain
Environmental Services' experience with Tier.2 sampling, as a cost savings measure; SCS is
not proposing to have an SCS staff member present during sampling.
The proposal fees for this task includes 5 days of time for Chastain Environmental Services to
be at the landfill and obtain the 50 samples. SCS will work with you to schedule sampling
during favorable conditions such that the 5-day timeframe assumed in this proposal is
sufficient- for the sampling effort. If weather delays require additional time, SCS will
immediately notify you as additional fees may be necessary, although this can usually be
avoided through planning for sampling during favorable weather. Use of a landfill gas
analyzer during sampling is included in theproposal fee so that the gas at each sample point
can be analyzed briefly in the field before collection to help minimise potential air intrusion
which would necessitate re-sampling after analysis. This proposal's fee includes the cost of
shipping the sample canisters to and from the landfill.
Once samples have been collected, they will be sent to Air Technology Laboratories (ATL)
for analysis, and ATL will process the samples per NSPS requirements (Methods 3C and
25C); normal turnazound time pricing is assumed.
Upon receipt of analytical results, SCS will prepare the draft Tier 2 sampling and analysis
report for submittal to the City for comment and certification signatures.. Upon completion,
the report will be transmitted to the TCEQ with copies to the City.
FEE AND SCHEDULE
SCS proposes to complete the work outlined in this proposal on a lump sum basis as indicated
in Table 1 below.
Table 1
Proposed Fees
Our standazd short form agreement, as previously approved by the City, is attached for your
consideration. The fees and proposed scope of services are based on information available to
SCS at this time. If conditions change, unforeseen. circumstances aze encountered, or work
efforts aze redirected, the fee estimate may require modification. Any costs in excess of the
amount authorized by the City would require City's prior approval. SCS can begin work on
this project upon notice-to-proceed. Based on the fact that the prior Tier 2 sampling was
completed by January 26, 2005, the new sampling should be commenced prior to January 26,
2010. To appropriately schedule the sampling by this date, SCS requests that anotice-to-
proceed beprovided no later than January 8, 2010.
P121509 Av Savi~9'110 PcS~W¢.doc
Mr. John A. Comeaux, P.E.
December 15, 2009
Page 4 of 4
CLOSING
SCS appreciates this opportunity to continue providing these services at the City of Port
Arthur Landfill. The attached agreement is consistent with other recently executed
agreements with the City of Port Arthur.
If you have any questions related to this proposal, please feel free to contact Kevin Yazd at
(817) 358-6105 or David Mezzacappa at (817) 358-6108.
Sincerely,
~~~
-~/G'~~
David 7. Mezzacappa, P.E.
Project Manager
SCS ENGINEERS
Attachment: Short Form Agreement
Cc: Ross Blackketter, P.E.. (w/att.)
Michael Tentrup (w/att.)
Kevin D. Yazd, P.E., BCEE
Vice President
SCS ENGINEERS
P12~ 509 Air Se~vim 2p10 PtA.Wiu.dnc
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 Air Compliance
Services - 2010 as required by the Texas Commission on Environmental Quality at the City of Port Arthur
Landfill, as defined in SCS' letter proposal of December 15, 2009, as directed by the Client, in accordance
with the terms and conditions of this Agreement.
2. Basis of Compensation: Lump sum of $20,250
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 within 30 days of receipt.
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' 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 insurance with
coverage limits, which aze 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.
C121509 Air Services 2010.doc
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 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 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 ENGINEERS:
BY: ~/ ~
CITY OF PORT ARTHUR, TEXAS:
BY:
NAME: Kevin D. Yard, P.E.; BCEE NA1V1E:
TITLE: Vice President TITLE:
DATE: 12/15/09
DATE:
CI21S09 Air Servi¢s 2010.dac