HomeMy WebLinkAboutPR 18899: CONTRACT WITH SCS ENGINEERS NECESSARY BALLAST EVALUATION REPORT FOR CELL 48 AT THE CITY'S LANDFILL MEMORANDUM
CITY OF PORT ARTHUR
PUBLIC WORKS - ADMINISTRATION
TO: Brian McDougal, City Manager
FROM: Sue Polka, P.E., Public Works Director/City Engineer
DATE: March 6, 2015
RE: Proposed Resolution No. 18899
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18899 authorizing a
professional services agreement between the City and SCS Engineers of Bedford, Texas,
to provide the necessary Ballast Evaluation Report for Cell 48 at the City's landfill. The
amount of the agreement is not-to-exceed $12,000.00, and time of performance is 365
calendar days from Notice To Proceed issued by the City.
BACKGROUND
SCS Engineers has been the City's primary design firm for the City's landfill
improvements since the City successfully combined the old and new landfill areas a
number of years ago. The Ballast Evaluation Report for Cell 48 is required by TCEQ in
order to discontinue usage of the active dewatering system under the cell 48 liner. In
order to maximize airspace, Cell 48 was constructed below the water table which
required the use of a dewatering system until sufficient waste was in place to act as a
ballast to hold the liner down. We have now achieved the required amount of in-place
waste and need to discontinue the groundwater pumping.
BUDGET/FISCAL EFFECT
Funding for this particular project is provided in Landfill No. Account 403-1274-533.54-
00 in the amount of $12,000.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 18899 that would
authorize a professional services agreement between the City and SCS Engineers of
Bedford, Texas, to provide the necessary Ballast Evaluation Report for Cell 48 at the
City's landfill. Amount of the agreement is not-to-exceed $12,000.00, time of
performance is 365 calendar days, and funding is provided in Account 403-1274-533.54-
00.
P.R. No. 18899
3/9/15 sjp
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES CONTRACT BETWEEN THE CITY
OF PORT ARTHUR AND SCS ENGINEERS OF
BEDFORD, TEXAS, TO PROVIDE THE
NECESSARY BALLAST EVALUATION REPORT
FOR CELL 48 AT THE CITY'S LANDFILL, IN
AN AMOUNT NOT-TO-EXCEED $12,000.00,
WITH FUNDING AVAILABLE IN LANDFILL
ACCOUNT NO. 403-1274-533.54-00
WHEREAS, per Chapter 330, §330.339(j) of the Texas Administrative Code,
the Texas Commission on Environmental Quality requires the City of Port Arthur to
prepare a Ballast Evaluation Report to discontinue the dewatering system under the Cell
48 liner; and,
WHEREAS, the City requested SCS Engineers of Bedford, Texas, the City's
long-time landfill consultants, to provide a proposal to the City for preparation of the
Ballast Evaluation Report; and,
WHEREAS, SCS Engineers has submitted a proposal and a professional
services contract, attached as Exhibit"A", for the necessary Ballast Evaluation Report
for Cell 48, said proposal and agreement being in an amount not-to-exceed $12,000.00
and for a term of 365 calendar days from the date of Notice To Proceed with the
professional services described herein; and,
WHEREAS, SCS Engineers has requested that the City accept the firm's
Professional Liability insurance that has a$100,000 deductible rather than the City's
P.R. No. 18899
3/9/15 sjp
Page 2 of 4
limit of $5,000, since it would cost the firm approximately $30,000 to amend their
policy to the lower deductible; and,
WHEREAS, this procurement for professional services is authorized pursuant
to Section 252.022(4) of the Local Government Code; and,
WHEREAS, SCS Engineers has been selected as the professional of choice
because of their demonstrated competence and qualifications in the field as mandated
by Government Code Section 2254.002 and 2254.003; and,
WHEREAS, funding for the professional services proposed by SCS Engineers
is available in Account No. 403-1274-533.59-00; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the City Manager of the City of Port Arthur is hereby authorized and
directed to execute, on behalf of the City of Port Arthur, the professional services
contract between the City and SCS Engineers of Bedford, Texas, to provide the
necessary Ballast Evaluation Report for Cell 48 at the City's landfill; and,
THAT, the proposed services are in an amount not-to-exceed $12,000.00 and
the term of the agreement is 365 calendar days from the date of the Notice To Proceed
issued by the City; and,
THAT, copies of the agreement and proposal are attached as Exhibit"A"; and,
P.R. No. 18899
3/9/15 sjp
Page 3 of 4
THAT, the City accepts SCS Engineers' Professional Liability insurance
deductible of$100,000; and,
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
2015 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
AYES: Mayor ;
Councilmembers:
NOES:
Deloris Prince
Mayor
ATTEST: APPROVED AS TO FORM:
, � 4#
Sherri Bellard Valeci i o
City Secretary City Atto -y
P.R. No. 18899
3/9/15 sjp
Page 4 of 4
APPROVED FOR ADMINISTRATION:
'_� l ' f, (
Brian McDougal awna Tubbs, C PO, CPPB
City Manager Purchasing Manager
5.110-sit a Imo.,
an Polka, P. .
Public Works Director/City Engineer
APPROVED AS TO AVAILABILTIY OF FUNDS:
Deborah Echols
Director of Finance
Account No. 403-1274-533.54-00
Exhibit "A"
PR No. 18899
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
(NON-FEDERAL FORM)
PART I - AGREEMENT
THIS AGREEMENT, entered into as of this the day of ,2015,by and between the City
of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") acting herein by its CITY
MANAGER,hereunto duly authorized and SCS Engineers of Bedford,Texas,(hereinafter called the
"ENGINEER") acting herein by Kevin D. Yard, P.E., BCEE, Vice President, hereunto duly
authorized:
WITNESSETH THAT:
WHEREAS, the CITY desires to engage the Engineer to (1) render certain technical and
professional services hereafter described in"Scope of Services"or(2)perform certain work hereafter
described in "Scope of Services": NOW, THEREFORE, the Parties hereto do mutually agree as
follows:
1. EMPLOYMENT OF ENGINEER
The CITY hereby agrees to engage the ENGINEER and the ENGINEER hereby agrees to
perform the "Scope of Services" hereinafter set forth. This contract shall be performed in
Jefferson County, Texas.
2. SCOPE OF SERVICES
A. BASIC SERVICES
SEE ATTACHED PROPOSAL DATED FEBRUARY 5, 2015
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
B. ADDITIONAL SERVICES
All work performed by ENGINEER at request of CITY which is not included in the
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Basic Services defined above, shall constitute Additional Services. Unless included in said
Basic Services, Additional Services may include but are not limited to the following:
(1) Studies,tests, and process determination to establish basis ofdesign for water
and waste treatment facilities.
(2) Land surveys and establishment of boundaries and monuments, and related
office computation and drafting.
(3) Preparation of property or easement descriptions.
(4) Preparation of any special reports required for marketing of bonds.
(5) Small design assignments (estimated construction cost less than
$100,000).
(6) Appearances before regulatory-agencies.
(7) Assistance to the CITY as an expert witness in any litigation with third
parties, arising from the development or construction of the Project,
including preparation of engineering data and reports.
(8) Special investigations involving detailed consideration of operation,
maintenance and overhead expenses; preparation of rate schedules;
earnings and expense statements; special feasibility studies; appraisals;
evaluations; and material audits or inventories required for certification of
force account construction performed by the CITY.
(9) Special soil and foundation investigations, including field and laboratory
tests, borings, related engineering analyses, and recommendations.
(10) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the
CITY to points other than CITY'S or ENGINEER'S offices and Project
site.
(12) Additional copies of reports over ten (10) sets and additional sets of
Contract Document over twenty(20) sets.
(13) Preparation of applications and supporting documents for government
grants or planning advances for public works projects.
(14) Preparation of environmental statements and assistance to CITY in
preparing for, and attending public hearings.
(15) Plotting, computing, and filing plats of subdivisions; staking of lots; and
related land planning and partitioning functions.
(16) Revision of contract drawings after a definite plan has been approved by
the CITY, redrawing of plans to show work as actually constructed.
(17) Services after issuance of Certificate of Completion.
(18) Services to investigate existing conditions or facilities or to make
measured drawings thereof, or to verify accuracy of drawings or other
information furnished by Client.
(19) Preparation of operating instructions and manuals for facilities and
training of personnel and assistance in operation of facilities.
(20) Additional or extended services during construction made necessary by
work damaged by fire or other cause during construction, defective or
neglected work of contractor; services rendered after prolongation of
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construction contract time by more than 20%, acceleration of work
schedule involving services beyond normal working hours; or default
under construction contract due to delinquency or insolvency.
(21) Providing any other service not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted
engineering practice.
(22) Any other special or miscellaneous assignments specifically authorized by
CITY.
ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5.
3. TIME OF PERFORMANCE
ENGINEER will proceed immediately upon execution of this Contract with performance of
the services called for under the Basic Services with completion within 365 calendar days of the
Notice To Proceed issued by the CITY,unless delayed by causes outside the control of ENGINEER,
and will proceed with subsequent work only on authorization by CITY. ENGINEER shall
immediately submit to CITY in writing evidence of delay satisfactory to the CITY Engineer's
reasonable discretion, upon which an extension of time equal to the period of actual delay shall be
granted in writing.
4. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER
It is agreed that the CITY will furnish, without charge, for the use of the Contract
information,data,reports,records,and maps as are existing,available,and necessary for the carrying
out of the work of the ENGINEER as outlined under "Scope of Services." The CITY and its
agencies will cooperate with the ENGINEER in every way possible to facilitate the performance of
the work described in this Contract.
5. COMPENSATION AND METHOD OF PAYMENT
A. COMPENSATION
CITY will pay ENGINEER for work performed and services rendered under Paragraph 2
"Scope of Services", (Basic Services and Additional Services) at the following rates:
It is agreed that total fees for Basic Services(including subcontracted engineering services as
described herein) under this Contract, as defined in Paragraph 2A and based on the preceding
schedule, shall not exceed the sum of$12,000.
B. PAYMENT
ENGINEER will invoice CITY monthly for its services and charges incurred by ENGINEER
for subcontracted engineering services performed under the direction and control of ENGINEER as
described herein.
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CITY agrees to pay ENGINEER at his office the full amount of each such invoice upon
receipt or as otherwise specified in this Agreement. A charge of one percent per month shall be
added to the unpaid balance of invoices not paid within 31 days after date of invoice. The engineer
shall pay any subcontractors no later than the tenth day after he receives payment as required under
Chapter 2251 Government Code of the Revised Civil Statutes of Texas.
6. RECORDS
ENGINEER shall keep accurate records, including time sheets and travel vouchers, of all
time and expenses allocated to performance of Contract work. Such records shall be kept in the
office of the ENGINEER for a period of not less than five (5) years and shall be made available to
the CITY for inspection and copying-upon reasonable request.
7. OWNERSHIP OF DOCUMENTS
All documents,including original drawings,estimates,specifications,field notes and data are
property of CITY. ENGINEER may retain reproducible copies of drawings and other documents.
All documents, including drawings and specifications prepared by ENGINEER are
instruments of service in respect to the project. They are not intended or represented to be suitable
for reuse by CITY or others on extensions of the Project or on any other project. Any reuse without
written verification or adaption by ENGINEER for the specific purpose intended will be at CITY'S
sole risk and without liability or legal exposure to ENGINEER and CITY shall indemnify and hold
harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees
arising out of or resulting therefrom. Any such verification or adaption will entitle ENGINEER to
further compensation at rates to be agreed upon by CITY and ENGINEER.
8. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State of Texas,
unless otherwise permitted by Owner. The ENGINEER shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may arise
out of or result from operations under this contract, whether the operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable,of the following types and limits(no insurance policy or certificate of
insurance required below shall contain any aggregate policy year limit unless a specific dollar
amount(or specific formula for determining a specific dollar amount)aggregate policy year limit is
expressly provided in the specification below which covers the particular insurance policy or
certificate of insurance):
1. Standard Worker's Compensation Insurance(with Waiver of Subrogation in favor of
the CITY of Port Arthur, its officers, agents and employees.)
2. Commercial General Liability occurrence type insurance. (No "XCU" restrictions
shall be applicable.) Products/completed operations coverage must be included,and
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the CITY of Port Arthur, its officers, agents and employees must be named as an
additional Insured.
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person/$500,000 per occurrence.
b. Property Damage $100,000 per occurrence.
c. Minimum aggregate policy year limit $1,000,000.
3. Commercial Automobile Liability Insurance(including owned,non-owned and hired
vehicles coverage).
a. Minimum combined single limit of$500,000 per occurrence for bodily injury
and property damage.
b. If individual limits are provided minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
4. Contractual Liability Insurance covering the indemnity provision of this contract in
the same amount and coverage as provided for Commercial General Liability Policy,
specifically referring to this Contract by date,job number and location.
5. ENGINEER also agrees to maintain Professional Liability Insurance coverage of
$250,000 minimum per occurrence/claim/policy year aggregate limits against
ENGINEER for damages arising in the course of, or as a result of, work performed
under this Contract. Coverage shall continue for a minimum of two(2)years after the
ENGINEER'S assignment under this Contract is completed.Additional Professional
Liability Insurance required is $0.
ENGINEER shall cause ENGINEER'S insurance company or insurance agent to fill in all
information required (including names of insurance agencies, ENGINEER and insurance
companies, and policy numbers, effective dates and expiration dates) and to date and sign and do
all other things necessary to complete and make into a valid certificate of insurance the
CERTIFICATE OF INSURANCE Form attached to and made a part of this Contract, and
pertaining to the above listed Items 1,2,3,4, and 5; and before commencing any of the work and
within the time otherwise specified, ENGINEER shall file said completed Form with the CITY.
None of the provisions in said Form shall be altered or modified in any respect except as herein
expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that
coverages afforded under the policies will not be altered, modified or cancelled unless at least
fifteen(15)days prior written notice has been given to the CITY. ENGINEER shall also file with
the CITY valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors
and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF
INSURANCE Form(s) shall in any event be filed with CITY not more than ten (10) days after
execution of this Contract.
Deductible on policy for Professional Liability shall be$100,000 as specifically approved
by the City.
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9. PROFESSIONAL LIABILITY
A. ENGINEER shall be responsible for the use and employment of reasonable skill and
care befitting the profession in the designs, drawings, plans, specifications, data, reports and
designation of materials and equipment provided by ENGINEER for the Project covered by this
Contract. Approval by CITY shall not constitute nor be deemed a release or waiver of the
responsibility and liability of ENGINEER for the accuracy and competency of such designs,
drawings,plans,specifications,data,reports and designation of materials and equipment. Contractor
will be responsible for the actual supervision of Construction operations and safety measures
involving the work,his employees and the public,but the ENGINEER will advise the Contractor of
any items requiring the attention and action of the Contractor.
B. If services include periodic visits to the site to inspect work performed by another
Contractor, ENGINEER is responsible for exercising reasonable care and skills befitting the
profession to assure that the Contractor performs the work in accordance with Contract Documents
and to safeguard the CITY against defects and deficiencies in the work; provided, however,
ENGINEER does not guarantee or insure the work completed by the Contractor. During visits to the
construction site, and on the basis of the ENGINEER'S on-site observations as an experienced and
qualified design professional, he will keep the CITY informed on the extent of the progress of the
work, and advise the CITY of material and substantial defects and deficiencies in the work of
material and substantial defects and deficiencies in the work of Contractors which are discovered by
the ENGINEER or otherwise brought to the ENGINEER'S attention in the course of construction,
and may, on behalf of the CITY exercise whatever rights the CITY may have to disapproved work
and materials as failing to conform to the Contract Documents.
C. In connection with the services of Resident Project Representatives,ENGINEER will
use the usual degree of care and prudent judgement in the selection of competent Project
Representatives, and the ENGINEER will use its best efforts to see that the Project Representatives
are on the job to perform their required duties. In performing these duties and services(described in
this sub-paragraph), ENGINEER is responsible for exercising reasonable care and skill befitting the
profession the assure that the Contractor performs the work in accordance with Contract Documents
and to safeguard the CITY against defects and deficiencies in the work; provided, however,
ENGINEER does not guarantee or insure the work completed by the Contractor.
D. In performing these services the ENGINEER will at all times endeavor to protect the
CITY on the Project and work sites and safeguard the CITY against defects and deficiencies in the
work of the Contractor; provided, however, ENGINEER does not guarantee or insure the work
completed by the Contractor, nor is ENGINEER responsible for the actual supervision of
construction operations or for the safety measures that the Contractor takes or should take.
E. ENGINEER shall not be responsible for any excess of construction costs over an
amount estimated.
10. INDEMNIFICATION
ENGINEER shall comply with the requirements of all applicable laws,rules,and regulations
in connection with the services of ENGINEER and shall exonerate,indemnify and hold harmless the
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CITY, its officers, agents and all employees from any and all liability, loss or damage arising out of
noncompliance with such laws,rules and regulations; without limitation,ENGINEER shall assume
full responsibility for payments of Federal, State and Local taxes or contributions imposed or
required under the Social Security, Worker's Compensation, and Income Tax Laws with respect to
ENGINEER'S employees. Further, ENGINEER shall exonerate, indemnify and hold harmless the
CITY, its officers, agents and all employees from any and all liability, loss, damages, expenses or
claims arising out of negligence of ENGINEER, its officers, agents and employees in connection
with any of the work performed or to be performed under this Contract by ENGINEER or as a result
of ENGINEER'S failure to use and employ reasonable skill and care befitting the profession in
accordance with paragraph 9 hereof. Further, ENGINEER shall exonerate, indemnify and hold
harmless the CITY, its officers, agents, and all employees from any and all liability, loss,damages,
expenses or claims for infringement of any copyright or patents arising out of the use of any plans,
design, drawings, or specifications furnished by ENGINEER in the performance of this Contract.
The foregoing indemnification provision shall apply to ENGINEER regardless of whether or not said
liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder.
11. ADDRESS OF NOTICE AND COMMUNICATIONS
CITY: ENGINEER:
City Manager SCS Engineers
City of Port Arthur 1901 Central Drive, Suite 550
PO Box 1089 Bedford, Texas 76021
Port Arthur, Texas 77641 Attn: Kevin D. Yard, P.E., BCEE
Vice President
All notices and communications under this Contract shall be mailed or delivered to CITY and
ENGINEER at the above addresses.
12. CAPTIONS
Each paragraph of this Contract has been supplied with a caption to serve only as a guide to
the contents. The caption does not control the meaning of any Paragraph or in any way determine its
interpretation or application.
13. SUCCESSORS AND ASSIGNMENTS
The CITY and the ENGINEER each binds himself and his successors, executors,
administrators, and assigns to the other party of this Contract and to the successors, executors,
administrators and assigns of such other party,in respect to all covenants of this Contract. Except as
above, neither the CITY nor the ENGINEER shall assign, sublet, or transfer his interest in this
Contract without the written consent of the other. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of any public body which may be a party hereto.
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14. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner his
obligations under this Contract,or if the ENGINEER shall violate any of the covenants,agreements,
or stipulations of this Contract,the CITY shall thereupon have the right to terminate this Contract by
giving written notice to the ENGINEER of such termination and specifying the effective date
thereof,at least five(5)days before the effective date of such termination. In such event,all finished
or unfinished documents, data, studies, survey, drawings, maps, models,photographs, and reports
prepared by the ENGINEER under this Contract shall,at the option of the CITY,become its property
and the ENGINEER shall be entitled to receive just and equitable compensation for any work
satisfactorily completed hereunder.
Notwithstanding the above,the ENGINEER shall not be relieved of liability to the CITY for
damages sustained by the CITY by virtue of any breach of the Contract by the ENGINEER and the
CITY may withhold any payment to the ENGINEER for the purpose of setoff until such time as the
exact amount of damages due the CITY from the ENGINEER is determined.
15. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this Contract at any time by giving at least thirty(30)days notice in
writing to the ENGINEER. If the Contract is terminated by the CITY as provided herein, the
ENGINEER will be paid for the time provided and expenses incurred up to the termination date. If
this Contract is terminated due to the fault of the ENGINEER, Paragraph 14 hereof relative to
termination shall apply.
16. CHANGES
The CITY may, from time to time, request changes in the scope of the services of the
ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the
amount of the ENGINEER'S compensation, which are mutually agreed upon by and between the
CITY and ENGINEER shall be incorporated in written amendments to this Contract.
17. PERSONNEL
A. The ENGINEER represents that he has, or will secure at his own expense, all
personnel required in performing the services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the CITY.
B. All of the services required hereunder shall be performed by the ENGINEER or under
his supervision and all personnel engaged in the work shall be fully qualified and,if applicable shall
be authorized or permitted under State and local law to perform such services.
C. None of the work or services covered by this Contract shall be subcontracted without
the prior written approval of the CITY. Any work or services subcontracted hereunder shall be
specified by written Contract or agreement and shall be subject to each provision of this Contract.
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18. REPORTS AND INFORMATION
The ENGINEER at such times and in such forms as the CITY may require,shall furnish the
CITY such periodic reports s it may request pertaining to the work or services undertaken pursuant to
this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any
other matters covered by this Contract.
19. CIVIL RIGHTS
Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of Texas,
no person shall, on the grounds of race, religion, color, sex or national origin, be excluded due to
discrimination under any program or activity of the CITY.
The ENGINEER will carry out its work under this Contract in a manner which will permit
full compliance by the CITY with the Statute.
20. INTEREST OF ENGINEER AND EMPLOYEES
The ENGINEER covenants that he presently has no interest and shall not acquire any interest,
direct or indirect,in the study area or any parcels therein or any other interests which would conflict
in any manner or degree with the performance of his services hereunder.
The ENGINEER further covenants that in the performance of this Contract, no person
having any such interest shall be employed by ENGINEER.
21. INCORPORATION OF PROVISIONS REQUIRED BY LAW
Each provision and clause required by law to be inserted into the Contract shall be deemed to
be enacted herein and the Contract shall be read and enforced as though each were included herein.
If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the
Contract shall be amended to make such insertion on application by either party.
EXECUTED IN FOUR (4) counterparts (each of which is an original) on behalf of
ENGINEER by Kevin D.Yard,P.E.,BCEE,its Vice President,and on behalf of the CITY by its City
Manager.
ACCEPTED: PROPOSED AND AGREED TO:
CITY: SCS ENGINEERS:
City Manager Kevin D. Yard, P.E., BCEE.
DATE: Vice President
DATE: February 24, 2015
Page 9
ATTEST: TEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Valecia Tizeno
City Attorney
DATE:
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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
February 5,2015
SCS Proposal No. 160010215
Mr. Mike Tentrup
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
Subject: Proposal for Cell 48, Ballast Evaluation Report, as required by TCEQ
City of Port Arthur Landfill
Jefferson County, Texas
Dear Mike:
Per your request, SCS Engineers (SCS) is pleased to provide this proposal for preparing a Ballast
Evaluation Report(BER) for Cell 48 at the City of Port Arthur Landfill(landfill). As you know, Cell
48 was constructed with a dewatering system in accordance with the currently approved Soil and
Liner Quality Control Plan (SLQCP) for the landfill. Construction of the Cell 48 liner and
dewatering system was completed in September 2013, and the Texas Commission of Environmental
Quality (TCEQ) subsequently approved the Liner Evaluation Report (LER) for Cell 48 on October
18, 2013. Since that time, it is SCS' understanding that waste disposal has taken place in Cell 48 and
the dewatering system has been operated until waste-as-ballast was achieved. Consistent with Title
30 of the Texas Administrative Code (TAC), Chapter 330, specifically §330.339(j), a BER is
required to demonstrate sufficient waste-as-ballast is in-place to discontinue the operation of the
dewatering system.
Therefore, the following is our proposed scope-of-services to prepare and submit a BER on the
behalf of the City of Port Arthur(City)to TCEQ.
SCOPE-OF-SERVICES
Task i — Preparation of the Ballast Evaluation Report
SCS will prepare the BER for Cell 48 consistent with the requirements of§330.337, related to
special liner design constraints, and the currently approved SLQCP. As such the BER will
include the following components:
• Narrative discussion of the items required by Section 6.4 of the SLQCP, including a
discussion of dewatering system (underdrain) installed during the construction of Cell 48,
and that this system was installed and operated to control uplift forces during
construction and disposal of waste.
• Ballast calculations demonstrating that sufficient ballast (waste and soil) is in-place to
offset hydrostatic uplift on the liner. For this demonstration, the following data/drawings
will be used:
M:\BD\P oposals\Port Arthur\2015\I60010215-Cell 48 BER\P0205I5PWrtCe1148 BER.docx
4.
Mr. Mike Tentrup
February 5, 2015
Page 2
> Top of liner elevations (i.e., protective cover), as referenced from the liner
certification survey,prepared by Soutex Surveying, contained in the LER.
➢ Updated seasonal high groundwater table and map based on groundwater level
readings in the perimeter wells since the construction of Cell 48.
➢ Most recent aerial topographic survey for the landfill, which is dated November 9,
2014. As a cost savings to the City, our fee estimate for this proposal assumes
that waste-as-ballast for Cell 48 was achieved prior to the date of this survey, and
as such our fee estimate does not include additional surveying by a third-party
surveyor.
• TCEQ Form 10072—Ballast Evaluation Report.
• TCEQ Form 10073 —Waste-as-Ballast Placement Record.
• Certification, signed and executed by the City, indicating the following:
➢ Certification that the compactor used to compact the waste weighs no less than
40,000 pounds, and that the compactor was utilized during the entire period of
placing the waste ballast.
D. Certification that the waste placed in the lower 5 feet was free of brush and large
bulky items that could damage the liner or not be compacted to the required
density.
➢ Certification that the underdrain system was in operation until waste-as-ballast
elevations were achieved.
Up to three draft copies of the BER will submitted to the City for review and comment.
Following receipt of the City's comments, the BER will be signed and sealed by a Professional
Engineer registered in the State of Texas and submitted to TCEQ on the City's behalf.
Task 2 — Additional Services
We have prepared the above scope-of-services based on our years of experience in performing
similar services at the City's landfill and other landfills in Texas. As with any regulatory
submittal, it is understood that TCEQ comments on a majority of the documents submitted to
agency. At this time, it is difficult to determine the level of effort that may be necessary to
respond to potential TCEQ comments. As such, we are recommending a budget of$2,000 for
additional services to respond to any potential TCEQ comments. In view of the variable scope
for these activities, incurring any costs for such services will require the City's prior
authorization. Also, following receipt of the City's authorization, SCS will perform these
services on a time and materials basis using SCS' current fee schedule. In addition, these
additional services will be described in detail on our monthly invoices for the City's review and
approval.
M:\BD\Propossls\Port Arthur U015\160010215-Cell 48 BERP020515PIArtCe1148 BERdocz
Mr. Mike Tentrup
February 5, 2015
Page 3
SCHEDULE AND FEE
SCS proposes to perform the services for Task 1 on a lump sum basis for$10,000 and Task 2 on a
time and mateiial basis for a not-to-exceed$2,000.
Following receipt of a notice-to-proceed on the above work, SCS will provide the draft BER within 3
weeks. Following receipt and incorporation of the City's comments, SCS will finalize the BER and
submit it to TCEQ within 1 week.
CLOSING
SCS appreciates the opportunity to propose these services to the City of Port Arthur. If you have any
questions or require additional information related to this proposal, please feel free to contact Ryan
Kuntz, P.E. at 817-358-6117 or Kevin Yard at 817-358-6105.
Sincerely,
fro.
Ryan Kuntz, P.E. Kevin D. Yard, P.E., BCEE
Project Manager Vice President
SCS ENGINEERS SCS ENGINEERS
TBPE Registration No. F-3407
M:\BD\ProposaIs\Pon Arthor12015\160010215-Cell 48 BERW020515PtA,,CelI 48 BER docz