HomeMy WebLinkAboutPR 16869: AGREEMENT WITH SCS ENGINEERS FOR WETLANDS PERMITTING FOR A SIOL BORROW AREA AT THE LANDFILL MEMORANDUM
PUBLIC WORKS DEPARTMENT
TO: John A. Comeaux, P.E., Acting City Manager
FROM: Ross Blackketter, P.E., Director of Public Works
SUBJECT: P.R. # 16869, Wetlands Permit for Borrow Area
DATE: January 30, 2012
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 16869 authorizing the
City Manager to execute an agreement with SCS Engineers of Bedford, Texas for wetlands
permitting of a soil borrow area at the City landfill for the amount of $48,000.
BACKGROUND:
The current operation of the City landfill requires substantial quantities of cover soil for the
weekly cover. The cost of purchasing and hauling this material is approximately $600,000 per
year. As an alternative, the Phase II area could be used to develop a borrow pit and provide
significant savings to this operation. Because this area is wetlands, a 404 permit will be
required from the U.S. Army Corps of Engineers. SCS Engineers, our landfill consultant has
submitted a proposal for performing the necessary permitting for an amount of $48,000.
BUDGETARY /FISCAL EFFECT:
Funds are available in the Public Works -Solid Waste Division Budget, Account No. 403 -1274-
533.54 -00.
EMPLOYEE /STAFF EFFECT:
None.
SUMMARY:
It is recommended that the City Council approve Proposed Resolution No. 16869 authorizing the
City Manager to execute an agreement with SCS Engineers of Bedford, Texas for wetlands
permitting of a soil borrow area at the City landfill for the amount of $48,000.
Ross E. Blackketter, P.E.
Director of Public Works
"Remember, we are here to serve the citizens of Port Arthur"
P. R. 16869
01/30/12 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH SCS ENGINEERS OF
BEDFORD, TEXAS FOR WETLANDS PERMITTING FOR A SOIL
BORROW AREA AT THE CITY LANDFILL FOR AN AMOUNT OF
$48,000. ACCOUNT NUMBER 403 - 1274 - 533.54 -00.
WHEREAS, it is desirable to create a borrow pit at the City landfill to provide soil for
weekly cover and reduce expenditures significantly; and,
WHEREAS, the only available area is a jurisdictional wetlands requiring a U.S. Corps of
Engineers 404 Permit; and,
WHEREAS, SCS Engineers of Bedford, Texas has submitted a proposal for the amount
of $48,000 to perform this task as shown in Exhibit "A "; and,
WHEREAS, this procurement for professional services is authorized pursuant to Section
252.022 (4) of the Texas Local Government Code; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the City Manager is hereby authorized to execute an agreement with SCS
Engineers of Bedford, Texas for wetlands permitting of a soil borrow area at the City landfill in
the amount of $48,000, funding being available in Account No. 403 - 1274 - 533.54 -00; 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. 2012 at
a meeting of the City of Port Arthur, Texas by the following vote:
AYES: Mayor
Councilmembers:
•
P. R. 16869
Page 2
Noes:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
Ci Attorne !�
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
df.t4;14./2-
John A. Comeaux, P.E. Deborah Echols, CPA
Acting City Manager Director of Finance
Ross E. Blackketter, P.E. Shawna Tubbs, CPPO
Director of Public Works Purchasing Manager
S:\engineer\Documents\Resolutions\PR16869
EXHIBIT A
SCS ENGINEERS
Proposal to Provide Engineering
Services for Permitting for
a Soil Borrow Area
at the City of Port Arthur Landfill
Prepared for:
City of Port Arthur
City of r ! 1
art rt
Texas
SCS ENGINEERS
1901 Central Drive, Suite 550
Dallas, Texas 76021
(817) 571 -2288
January 27, 2012
SCS Proposal No. 1600- -212
Offices Nationwide
www.scsengineers.com
C E L E 8 R A T 1 N G
YEARS
SCS ENGINEERS
1
Solid Waste Management Consultants 1901 Central Drive 817- 571 -2288 Main
Offices Nationwide Suite 550 817 -571 -2188 FAX
Bedford, Texas 76021 w w w. s c s e n g i n e e r s. c o m
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January 27, 2012
Proposal No. 160022212
Mr. Michael Tentrup
Landfill Manager
City of Port Arthur
201 H.O. Mills
Port Arthur, TX 77640
Subject: Proposal to Provide Engineering Services for Permitting a Soil Borrow Area
at the City of Port Arthur Landfill
Dear Mike:
SCS Engineers (SCS) is pleased to present this proposed scope of services to the City of Port Arthur for
permitting and engineering services for the development of a soil borrow area to serve the needs of the
City's Landfill. Given your familiarity with SCS' permitting and engineering capabilities and our
familiarity with the City's Landfill, we have not included a Statement of Qualifications with this proposal.
Nevertheless, we would be pleased to provide such information as you deem appropriate.
As you know the cost savings and related benefits of this project are significant as described more fully in
the attached. We appreciate the opportunity to be of service to the City of Port Arthur. Please advise if
you have any questions on this or other matters.
Sincerely,
Kevin D. Yard, P.E., BCEE
Vice President
SCS ENGINEERS
TBPE Registration No. F -3407
Project Approach
SCS Proposed Agreement (as previously approved by the City Attorney)
F. \BD \Proposals \Port Arthur \2012 \Wetlands \P 012712 Pt An Wetlands 404 Penn.Dacx
PROJECT APROACH
ENGINEERING SERVICES FOR PERMITTING A SOIL
BORROW AREA AT THE CITY OF PORT ARTHUR LANDFILL
1.0 BACKGROUND
The current operation of the City's Landfill requires that substantial quantities of cover soil be imported
on a weekly basis. Annual costs of importing off -site cover is approximately $600,000 per year. As an
alternative to importing cover soil from off -site sources, the Phase II area of the landfill could be
developed as a source of cover soil resulting in substantial savings for the City on an annual basis. Since
the Phase II area has been classified as a jurisdictional wetland, this development will require a Section
404 permit from the Army Corps of Engineers (USACE).
As described herein, SCS has developed an approach for expediting the USACE approval for this project.
2.0 SCOPE OF SERVICES
TASK 1 — WETLANDS DELINEATION AND USACE PERMITTING FOR THE
PHASE II AREA OF THE LANDFILL
As noted above, in view of the project location in a wetlands area, a 404 permit will be required from the
USACE. The primary purpose of this project will be to identify all potential waters of the United States
within the project boundaries and permit any unavoidable impacts through the USACE. In pursuing this
development, SCS has explored various permitting mechanisms with three consultants who specialize in
wetlands permitting. Based on experience and cost - effectiveness, we are recommending Hydrex
Environmental, Inc. as our wetlands subconsultant for this project. SCS and Hydrex will collaborate in
implementing the following subtasks:
Subtask 1.1. Perform a routine wetlands delineation using methods and procedures established in the
1987 Corps of Engineers Wetlands Delineation Manual and the 2010 Regional Supplement to the Corps
of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2). The
results of the delineation will include the location and size of all potential waters of the U.S. (wetlands,
streams, and open - waters) within the project site boundaries.
Due to the complexity of the landscape occurring within the project area, the site will be transected
perpendicularly to hydrologic flow. Along each transect, the boundaries between wetlands and non -
wetlands will be defined, flagged, and field located using GPS. Data collection using a GPS will be
performed in accordance with the Standard Operating Procedures as outlined by the Galveston District
USACE. Using a geographic information system (GIS) approach with GPS data, light detection and
ranging (LiDAR) data, readily available maps, and aerial photographs, the wetland boundaries will be
correlated and digitized between each transect line. Therefore, a physically flagged line in the field of the
digitized wetland boundary is not included as part of the scope of work. Throughout any complex
mound - intermound areas, the percentage of wetlands and non - wetlands will be calculated statistically to
determine appropriate acreages.
F \BD \Proposal. \Pon Arthur \2012 \ Wetlands \P 012712 Pr An Wetlands 404 PermB.Dou 1
In addition, as required for USACE permitting, an assessment of federally listed threatened and
endangered species will be performed at the time of the wetlands delineation.
Subtask 1.2. Characterize each wetland habitat type encountered within the site boundaries and calculate
the ecological value of each. This value is necessary for determining compensatory mitigation ratios for
unavoidable impacts to waters of the U.S.
Subtask 1.3. Define the optimal area for the development of the proposed soil borrow pit within the
project boundaries. Also, delineate the area for the development of the north detention basin. Each
development will be positioned in a way that will minimize impacts to waters of the U.S., if possible, but
will also be in close proximity to other associated features (access roads, existing landfill, etc.). SCS will
provide plans and cross - sections representing all proposed developments for use by our subconsultant,
Hydrex. These plans will be sufficient to show the extent of the proposed facilities, including the amount
of fill in the wetlands.
Subtask 1.4. Prepare a compensatory mitigation plan for any unavoidable impacts to waters of the U.S.
The mitigation plan will focus on the possibility of the City performing the required mitigation within the
property boundaries of the Landfill. SCS and Hydrex will attend a pre - application meeting with USACE
Galveston district representatives in order to obtain feedback from the USACE regarding mitigation
requests that may be incorporated into the plan. We are hopeful that a representative of the City can
participate in this meeting with the USACE. Following the meeting, our project team will advise the City
of the estimate costs of each of the two mitigation alternatives:
I. Mitigation performed by the City
II. Purchasing credits from a USACE- approved wetlands mitigation bank.
Subtask 1.5. Submit an application to the USACE Galveston district for an individual permit for the
proposed on -site developments. Included with the permit application will be a wetlands delineation
report, compensatory mitigation plan, TCEQ water quality certification, threatened and endangered
species evaluation, cultural resources impact statement, and plans and cross - sections for all proposed
developments.
TASK 2 POST - SUBMITTAL FOLLOW - UP AND ALLOWANCE
Based on our extensive experience with USACE permitting projects, we have concluded that the level of
effort for responding to USACE's review comments can vary widely depending on the USACE reviewer.
When the USACE has completed its review, we will advise you of the cost to respond to their comments
prior to incurring any out -of -scope cost.
However, since unanticipated work not contemplated in the above scope may be needed, an allowance
task is recommended and included here for the City's consideration. This task, which would only be
authorized on an as- needed basis by the City, could be used for general support items that might arise
during the period of service for this work or as a beginning to post - submittal follow -up. Related services
could range from responding to USACE comments, attending an additional meeting not included in Task
1, or providing additional budget for assisting with other permitting or engineering items. In any event,
the use of the Task 2 budget will require the City's prior authorization. Further, all work completed under
this task will be fully detailed for the City's review and approval.
F. \BD \Praposals \Pon Arthur \ 2012 \Wetlands\P 012712 P1 An WMands 404 Permit 0.4 2
3.0 FEE
SCS proposes to perform Task 1 on a lump sum basis, in view of the well- defined scope. Since Task 2
will not be defined until the comments on the application are known, we propose to perform this task on a
time- and - materials basis using the attached Schedule of Fees for a not -to- exceed fee of $6,000. Our
current fee schedule and standard short form agreement, which was previously approved by the City
Attorney, are included as Appendix A.
Task Task Description Fee
1 Wetlands Delineation and USACE Permitting for the Phase II
area of the Landfill $42,000
2 Post - Submittal Follow -up & Allowance $6,000
Total $48,000
This fee and proposed scope of services are based on information available to SCS at this time. If
conditions change, unforeseen circumstances are encountered, or work efforts are redirected, the fee
estimate may require modification. Any costs in excess of the total project budget authorized by the City
would require prior approval.
F \BD \Proposab \Pon Arthur \2012 \ Wetlands \P 012712 Pt An Wetland, 404 PermItDoex 3
Appendix A
SCS Agreement, including Fee Schedule
F. \BD \ Proposals \Port A00 \2012 \Wetimxis \P 012712 Pt Art Wetlands 404 PmnA.Doex 4
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 professional services (hereafter "Services ") for the
project entitled "Engineering Services for Permitting a Soil Borrow Area at the City of Port Arthur
Landfill" (hereafter "Project ") as set forth in SCS' letter proposal dated January 27, 2012, as directed by
the Client, in accordance with the terms and conditions of this Agreement.
2. Basis of Compensation: as noted in SCS' letter of January 27, 2012.
3. Method of Invoicing: monthly based on a percent complete for lump sum Task 1 and on a time -
and- materials based on SCS' current fee schedule for Task 2.
4. Professional Retainer: not applicable
5. Other Terms: not applicable
6. General Conditions:
a. Payments for invoices prepared by SCS are 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 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. 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.
F MPropaalaWUn are0412012w.0ensC012 /12 P A wetlands 404 do.
Offices Nationwide
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 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: CITY OF PORT ARTHUR, TEXAS:
BY: BY:
NAME: Kevin D. Yard, P.E., BCEE NAME:
TITLE: Vice President TITLE:
DATE: January 27, 2012 DATE:
F^H01RoppdaWOR Arttxa12012etlanM`C012712 MAMV mean& 401.0au
Offices Nationwide
Solid Waste Management Consultants 1901 Central Drive 12651 Briar Forest Drive
Offices Nationwide Suite 550 Suite 205
Bedford, Texas 76021 Houston, Texas 77077
817 - 571 -2288 Main 281.397.6747 Main
SCS ENGINEERS
SCS ENGINEERS FEE SCHEDULE
(Effective April 1, 2011 through March 31, 2012)
Rate /Hour ($)
Office Director 185
Satellite Office Manager 170
Project Director (Engineer) 160
Project Manager II (Engineer) 145
Project Manager I (Geologist) 140
Senior Project Professional 125
Project Professional (Engineer) 115
Project Professional (Geologist) 85
CQA Manager 110
Staff Professional 2 (Engineer) 90
Staff Professional 1 (Geologist) 75
CAD Designer 100
Associate Staff Professional 65
CAD Draftsperson 65
Office Service Manager 75
Secretarial /Clerical 55
Sr. Technician 75
Technician 65
1. The hourly rates are effective through March 31, 2012. Work performed thereafter is
subject to a new Fee Schedule issued for the period beginning April 1, 2012. 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 $0.50 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.
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:\BD\Proposals\Port Arthur \2012 \ wetlands \SCS-TX Fee schedule 04011 - 033112 SCSEngrTX.docx