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Home My WebLink AboutPR13354: LANDFILL/SCS ENG. PUBLI'C WORKS DEPARTMENT COUNCI~L ACI'ZON MEMO TO Steve Fitzgibbons, City Manager FROM John A. Comeaux, P.E., Director of Public Works SUBJECT P.R. #13354 - Change Order 03 for Contract with SCS Engineers DATE November 29, 2005 RECOMMENDAT'LON: ! recommend that the City Council approve Proposed Resolution No. 13354, authorizing Change Order 03 to the existing contract with SCS Engineers, increasing the scope of services and increasing the contract amount by $12,000 to a new total of $360,000. BACKGROUND: Because the City landfill was approaching capacity and needed expansion, in August 2002, the City entered into a contract with SCS Engineers for Landfill Permitting and Design. The City has since executed two change orders, increasing the project budget by $38,000 to a total of $348,000. SCS has completed the permit application process to the point of having the permit considered Technically Complete by the Texas Commission on Environmental Quality (TCEQ). Recently, a Request for a Contested Case Hearing was presented to the TCEQ by an adjoining landowner. This request requires additional work by SCS to respond to this issue and provide a Response to Comments for the TCEQ. Accordingly, SCS has requested an increase in scope in the amount of $12,000. Change Order 03 will increase the contract by $12,000 to a new total of $360,000. BUDGETARY/F?SCAL EFFECT: Funding is available in Solid Waste account 403-1274-533.54-00. EMPLOYEE/STAFF EFFECT: None. SUMMARY ! recommend that the City Council approve Proposed Resolution No. 13354, authorizing Change Order 03 to the Landfill Permitting and Design contract with SCS Engineers, increasing the contract amount by $12,000 to a total of $360,000. Director of Public Works JA¢/reb Z:\engineer\Documents\Cams\$CS-CO3.doc P.R. No. 13354 11/29/05 reb RESOLUTZON NO. A RESOLU'rZON AUTHORTZI'NG THE MAYOR AND CZTY MANAGER TO EXECUTE CHANGE ORDER 03, I'NCREASTNG THE SCOPE OF SERVTCES FOR THE CONTRACT DATED AUGUST 20, 2002 BETWEEN THE cTrY OF PORT ARTHUR AND SCS ENGTNEERS OF BEDFORD, TEXAS FOR LANDFZLL PERM~i m~NG AND DESZGN AND ZNCREASZNG THE BUDGET FOR THXS PRO3ECT BY $12,000 TO A TOTAL OF $360,000. SOLZD WASTE ACCOUNT 403-1274-533.54-00. WHEREAS, a contract for the permitting and design for the City landfill was executed between the City of Port Arthur and SCS Engineers of Bedford, Texas on August 20, 2002; and, WHEREAS, the original budget for this contract was $310,000; and, WHEREAS, the City has executed two change orders, raising the budget by $38,000 to a total of $348,000 WHEREAS, due to the landfill permit being contested, and work outside the original scope are required from SCS to respond to the Request for a Contested Case Hearing, SCS has submitted a request for additional services to this contract in the amount of $12,000 (see attached Exhibit "A'~; and, WHEREAS, approval of Change Order 03 (attached as Exhibit "B'~ to increase the budget by $12,000 is herein deemed an appropriate action, and approval of Change Order 03 will increase the existing contract budget to an amount of $360,000; now, therefore, BE TI' RESOLVED BY THE cTrY COUNCXL OF THE CTrY OF PORT ARTHUR: THAT, Change Order 03 is herein approved and the City Manager is authorized to execute said Change Order; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. No. 13354 Page 2 READ, ADOPTED AND APPROVED this the _ day of ., A.D. 2005 at a __ meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Attest: APPROVED AS TO FORM City Secretary City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons JoiA. Comeaux, P.E. City Manager Director of Public Works APPROVED AS TO AVATLABI~L~I-Y OF FUNDS: Rebecca Underhill, CPA Director of Finance Z:\engineer\Documents\Resolutions\PR~.3354.doc EXHIBTT A Environmental Consultants 1901 Centrczl Drive 817 571-2288 Sulte 550 FAX 817 57t-2188 Bedford, Texos 76021 www.scsengineers.corn November 3, 2005 SCS Project No. 16202007.00 Mr. John A. Comeaux, P.E., Director of Public Works City of Port Arthur sent via FedX 444 4th Street Port Arthur, Texas 77640 Subject: Landfill Expansion Permitting and Design Request for Budget Increase for Out-of-Scope Services under our Existing Agreement Dear Mr. Comeaux: Per your request, this letter is to request an increase in the project budget for additional services required to provide technical support associated with the Contested Case Hearing and related services. As you know, through the combined efforts of the City and SCS Engineers (SCS), we achieved the status of having the permit considered Technically Complete by the Texas Commission on Environmental Quality (TCEQ). However, the request for a Contested Case Heating has now continued to require our involvement since the initial filing of this request on January 3, 2005. As you know, SCS has continued to work with the City, the City's attomey, and the TCEQ in addressing this additional, unanticipated aspect of the permit process. Our services have included (1) obtaining the TCEQ's approval for an extension for the submittal of the Site Operating Plan permit modification, (2) obtaining the TCEQ's approval for an extension for the of the deadline for the TCEQ's deadline for a settlement offer for a Supplemental Envirormtental Project, (3) assisting in developing a request for the TCEQ's Temporary Authorization of a vertical increase in the approved final elevations at the City's landfill, (4) and other services as detailed in our invoices. Our currently approved budget for permitting services is $348,000. With your approval of this change, the new revised budget will be $360,000. These services will be performed on a time-and-materials basis; our invoices will include details of our expenditures. As you know, a preliminary hearing is scheduled for November 9, 2005 before a administrative law judge of the State Office of Administrative Hearings. This revised budget is intended to include our providing limited technical support to the hearing process for the expected accelerated schedule. We will keep you advised of our progress in the permitting process. We appreciate the opportunity to be of continued service to the City of Port Arthur. Please advise if you have any questions on this or other matters. S ncere!y,.~_) Vice President SCS ENGINEERS cc: Gerald Robinson, City of Port Arthur E:~PRO/ECTS~PtArIhurX16202007~PM\ht¢,L-bud ehg req 110305.doe SCS ENGINEERS offices Nalionwlde EXHIBI'T B CHANGE ORDER NO. 03 DATE: December 6, 2005 ORIGINAL AGREEMENT DATE: August 20, 2002 SCS ENGINEERS SCS PROJECT NUMBER: 16202007.00 PROJECT DESCRIPTION: Landfill Permit Amendment and Design CHANGE IN SCOPE: Additional services required for response to Request for a Contested Case Hearing and for a Response to Comments. CHANGE TO CONTRACT AMOUNT: ORIGINAL CONTRACT amount: $310,000 CURRENT CONTRACT PRICE (adjusted by previous CHANGE ORDER): $348,000 The Contract Amount due to this CHANGE ORDER will be (increased/decreased) by: $12,000 The new CONTRACT AMOUNT including the CHANGE ORDER will be: $360,000 SCS ENGINEERS Signature Kevin D. Yard, P.E. Printed Name CITY OFPORTARTHUR Stephen Fitzgibbons City Manager File: Z:\engineer\Documents\Contracts\ScopeChg No. 3 112905.doc