HomeMy WebLinkAboutPR 18138: AIR QUALITY REPORTING P. R. 18138
MEMORANDUM
PUBLIC WORKS DEPARTMENT
TO: Floyd T. Johnson, City Manager
FROM: John Comeaux, P.E. , Assistant City Manager - Operations
SUBJECT: P.R. #18138, Air Quality Reporting
DATE: January 9, 2014
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No.18138 authorizing the City
Manager to execute an agreement with SCS Engineers of Bedford, Texas for groundwater monitoring for
a price not to exceed $9,000. Funds are available in Account No. 403 - 1274 - 533.54 -00 in the Public
Works - Landfill Division FY 2014 Budget.
BACKGROUND:
The Landfill's Title V permit requires annual and semi - annual reporting on air quality and the EPA
requires annual greenhouse gas reporting. SCS Engineers have performed this task for the City in past
years and they are very familiar with the process. SCS Engineers can perform this service for a total price
not to exceed $9,000.
BUDGETARY/FISCAL EFFECT:
Funds are available in the Public Works - Landfill Division FY 2014 Budget, Account No. 403 -1274-
533.54 -00
EMPLOYEE /STAFF EFFECT:
Acceptance of this recommendation will have no effect on staffing levels at this time.
SUMMARY:
It is recommended that the City Council approve Proposed Resolution No.18138 authorizing the City
Manager to execute an agreement with SCS Engineers of Bedford, Texas for groundwater monitoring for
a price not to exceed $9,000. Funds are available in Account No. 403 - 1274 - 533.54 -00 in the Public
Works - Landfill Division FY 2014 Budget.
"Remember, we are here to serve the citizens of Port Arthur"
P. R. 18138
01/09/14 aw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH SCS ENGINEERS OF BEDFORD, TEXAS, FOR
CALENDAR YEAR 2014 AIR QUALITY REPORTING COMPLIANCE
SERVICES IN AN AMOUNT NOT TO EXCEED $9,000.00; FUNDS ARE
AVAILABLE IN ACCOUNT NUMBER 403 - 1274 - 533.54 -00.
WHEREAS, the City Landfill is required to submit air quality annual and semi - annual
deviation reports to the Texas Commission on Environmental Quality (TCEQ) and greenhouse
gas emissions estimates to the Environmental Protection Agency (EPA) each calendar year ;and,
WHEREAS, SCS Engineers of Bedford, Texas, has extensive experience with the
reporting requirements and has performed this task for the City in past years; and,
WHEREAS, SCS Engineers of Bedford, Texas can perform this service for a total price
not to exceed $9,000 billed according to 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 an agreement with SCS
Engineers of Bedford, Texas for Air Quality Reporting Compliance Services for a total price not
to exceed $9,000, as delineated in Exhibit "A ".
THAT funding is available in FY2014 Budget Account No. 403 - 1274 - 533.54 -00.
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
A.D., 2014, at a Meeting of the City Council of the City of Port Arthur,
Texas, by the following vote: AYES:
P. R. 18138
01/09/14 aw
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Mayor:
Councilmembers: ;
NOES: .
Mayor
ATTEST: .
City Secretary
APPROVE SAS TO FORM:
%.), City Attorne
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
Floyd T. Johnson Deborah Echols
City Manager Finance Director
1/ nti1^.)
John Comeaux, P.E. Shawna Tubbs, Purchasing Manager
Assistant City Manager - Operations
Hama
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Solid Waste Management Consultants 1901 Central Drive 817 571 -2288
and Contractors Suite 550 FAX 817 571 -2188
Bedford, Texas 76021- 5872 www.scsengineers.com
SCS ENGINEERS
November 22, 2013
Proposal No. 160150213
Mr. Michael Tentrup sent via email
Landfill Manager
City of Port Arthur
201 H.O. Mills
Port Arthur, TX 77640
Subject: 2014 Air - Quality Reporting Compliance Services, as Required by TCEQ and EPA
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 calendar year 2014 air compliance services at the City of Port Arthur Landfill. These services
include the following:
• Preparation of the landfill's Title V annual certification and semi - annual deviation reports;
• Preparation of annual emissions estimates for fee payment and remittance of these
estimates to TCEQ; and.
• Completion of required Greenhouse Gas (GHG) reporting for calendar year 2013 GHG
emissions.
SCOPE OF WORK
Task 1 — Title V Reporting and Emissions Fee Calculations
The landfill's Title V Permit requires the submittal of semi - annual deviation reports and the
submittal of an annual certification each year. Although semi - annual deviation reports are not
required if no deviations from the Title V permit requirements occurred during a semi - annual
period, TCEQ has requested that landfills be proactive and submit reports explicitly stating that no
deviations occurred.
As such, consistent with TCEQ's request, this proposal includes the filing of two semi - annual
deviation reports in calendar year 2014 regardless of whether deviations are discovered. This task
also includes the preparation of the Title V annual certification report. SCS will track the required
submittal deadlines and notify the City in advance as information is required and as signatures are
needed from the City.
Each submittal will consist of a cover letter, a certification form that must be signed, and the
appropriate TCEQ certification and deviation forms. We will contact you to discuss whether any
potential deviations did occur during each reporting period prior to submitting any certification
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Offices Nationwide
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Mr. Michael Tentrup
November 22, 2013
Page 2
forms for the landfill's Responsible Official signature. Any discovered deviations will be explained
and included as such in the Title V paperwork. Upon completion of all paperwork and receipt of
the signed certification pages, 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. In Texas, all Title V permit holders are currently assessed emissions fees.
As a basis of fee payment, this task includes time for SCS to gather information from the City and
to prepare emissions estimates. This will enable us to base the fee on emissions estimates rather
than permitted emissions levels, thereby enabling the City to pay the lowest allowable fee. These
estimates will be included with the fee form, which will be prepared and submitted by SCS on the
City's behalf. Consistent with prior years, we anticipate that the TCEQ will invoice the City
directly for these fees later in 2014. We have assumed that the City will pay the TCEQ fees.
Task 2 — Greenhouse Gas Reporting Services
For Task 2, SCS will prepare the required reporting associated with the Federal mandatory GHG
reporting rules in calendar year 2014. This work includes the preparation and submittal of the
required GHG emissions estimates and associated information required by the GHG reporting rule.
The deadline for this submittal will be March 31, 2014.
As was completed this past March, online reporting via SCS' XML file submittal tool will be used
to file information related to the GHG reporting rule. SCS will work with the City and enter all
online information for online review and certification.
SCS will have most of the information necessary to complete the GHG emissions estimates based
on prior work. We will contact you regarding any information that might be needed. When the
reporting has been completed, SCS will provide a memorandum for your files including backup
calculation spreadsheets and pertinent assumptions.
Task 3 — On Call Consulting Services
As you know, with air rules evolving rapidly at the State and Federal level, there may be
unanticipated air quality- related needs in calendar year 2014. A specific area of uncertainty may
include periodic letters being sent by TCEQ to request verification of compliance status, or
forthcoming changes to New Source Performance Standards and possible GHG reporting and
permitting rule changes. Also, the City's management team may encounter questions related to
TCEQ inspections and other matters where it may be advantageous to have ready access to
consulting support. To provide this support, we have established this task with a limited budget.
This budget will only be used with the City's prior authorization on a time - and - materials basis using
the SCS fee schedule in effect at that time. Further, any charges to this task will be fully detailed in
our invoice.
Offices Nationwide
Mr. Michael Tentrup
November 22, 2013
Page 3
FEE AND SCHEDULE
SCS proposes to complete the work outlined in this proposal as indicated in Table 1 below. Tasks 1
and 2 will be performed on a lump sum basis, while work authorized under Task 3 (if any) would be
performed on a time - and - materials using SCS current fee schedule.
TABLE 1
PROPOSED FEES
Task Number and Name Proposed Fee
1 — Title V Re•ortin• and Emissions Fee Calculations $3,000
2 — Greenhouse Gas Reporting Services $4,000
3 — On Call Consulting Services $2,000
Total $9,000
Our 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 are encountered, or work efforts are 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 written notice -to- proceed.
In order for us to assist the City in complying with the regulatory deadline of January 12 for
submitting the City's first Title V report in 2014, we would appreciate receiving your authorization
of this proposal no later than December 12, 2013.
CLOSING
SCS appreciates this opportunity to continue providing these services at the City of Port Arthur
Landfill. If you have any questions related to this proposal, please feel free to contact Kevin Yard
at (817) 358 -6105 or David Mezzacappa at (817) 358 -6108.
Sincerely,
(262 7 /7
David J. Mezzacappa, P.E. Kevin D. Yard, P.E., BCEE
Vice President Vice President /Office Director
SCS ENGINEERS SCS ENGINEERS
TBPE Registration No. F -3407
Attachments: short form agreement, as previously approved by the City
Offices Nationwide
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 "2014 Air - Quality Reporting Compliance Services, as Required by TCEQ and
EPA for the City of Port Arthur Landfill" (hereafter "Project ") as set forth in SCS' letter
proposal dated November 22, 2013, 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 November 22, 2013.
3. Method of Invoicing: Lump sum for Tasks 1 and 2 and invoiced monthly based on a
percent complete. Time and materials consistent with our current fee schedule for Task 3.
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.
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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: November 22, 2013 DATE:
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