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HomeMy WebLinkAboutC2006-260 - 7/11/2006 - Approved AMENDMENT No. 15 - AGREEMENT FOR ARCHITECT/ENGINEER CONSULTANT SERVICES The City of Corpus Chnsti, Texas hereinafter called "City", and Shiner Moseley and Associates, Inc., hereinafter called "Engineer" agree to the following amendments to the Contract for Engineering Services for the Cefe F. Valenzuela Landfill, as authorized by Motion No. 96-035, passed February 13, 1996, and as amended by Motion No 96-318, passed October 15, 1996, and as administratively amended on March 14, 1997. March 27. 1997, November 4, 1997, Motion No. 97-380, passed December 23, 1997, and Motion No 99-358, passed October 12,1999, and administratively amended September 22, 2000, administratively amendment January 13. 2003, and Motion No. 2004-459 passed December 21, 2004 and Motion 2005-385 passed November 8, 2005, and Motion 2006-007 passed January 17, 2006, and administratively approved February 16, 2006 SECTION III ADDITIONAL SERVICES The Engineer is authorized to proceed with the following services: B ADDITIONAL SERVICES TASK 4.18- J. C Elliott Landfill Permit Modification - Increase Height of Final Contours The Engineer will provide the City with a permit amendment proposal acceptable for TCEQ review and approval. The Engineer will provide the following services Provide an aoolication includina the followinq sections . Part I - General information . Part II - Land use, geology and location restrictions . Part III - Facility design . Part IV - Site Operating Plan The scope of services will conform to current TCEQ regulations and include: . Geological/Geotechnical and Hydrogeological Investigation Aerial Photography including a one mile radius from the site and topographic survey of the site (Provided by the City) . Permit Application Part I - General Information · Permit Application Part II - Description of Existing Conditions and Character of the Site · Permit Application Part III, Site Development Plan - Engineering Design Information and Detailed Investigative Reports . Permit Application Part IV - Site Operating Plan . Permit Amendment Application Submittal . TCEQ Review - Address regulatory comments to attain technically complete status . Public Hearing - Minimally Contested (if required) . TCEQ grants or denies permit A. Part I of the Permit Amendment Application The Engineer will prepare the technical requirements of Part I of the application in accordance with Section 330.52 of the Municipal Solid Waste Management Regulations (MSWMR). To the extent possible the Engineer will utilize information developed for the City's transfer station registration to prepare Part I of the application 2006-260 07/11/06 M2006-201 Shiner !\1oseley and Associates enzuela\DESIGNIAEAmd15SMAdoc Page 1 of 10 ~..,-,.".,..., The Engineer will prepare the following documents for Part I. . A supplemental report outlining the purpose for the facility . General location map using Texas Department of Transportation (TxDOT) maps as the base . General topographic map using USGS 7.5 min Quad maps . Land ownership map of all property within 500 feet of the site . Legal description of the property (provided by the City) . Property owner's affidavit . Legal Authority Form . EVidence of competency . Appointments . EVidence of financial assurance . Dellverables . The Engineer will deliver the prepared Part I of the application, including the general application forms (Part A), and submit Part I with forms to the TCEQ as part of the entire application. . Meetings . The Engineer will have monthly progress meetings with the City and others. . City Responsibilities . The City will need to provide the Engineer with a legal description of the permitted property. . The City will need to provide the Engineer with the City's financial reports (CAFRs) for the purpose of demonstrating financial assurance. . The City will provide the Engineer access to files related to previous correspondence between the TCEQ, related agencies or studies related to the current landfill permit. Part II of the Permit Amendment Application The Engineer will prepare the technical requirements of Part II of the application in accordance with Section 330.53 of the MSWMR. Information developed for the City's transfer station registration will be utilized in preparing Part II of the application to the extent possible. The Engineer will gather the necessary information for Part II of the application including: . Supplementary technical report . EXisting conditions summary . Cultural resources (Archeology) . Land use map . Transportation information including adequacy of roads, volume of vehicular traffic, volume of traffic expected to be generated by facility operations and the site's impact on airports in the site's vicinity . General geology and soils statement, including general geologic and soil conditions, data on fault areas, seismic impact zones and unstable areas . Ground and surface water statement including data on floodplains and wetlands . Protection of endangered species statement, including the impact of the solid waste disposal facility on endangered or threatened species H\HOME\KEVINS\GEN\LANDFI LL \ V alenzuela\DES IGN\AEAmd 1 5SMA. doc Page 2 of 10 ~--,""""'" '" Deliverables . The Engineer will prepare Part II of the application, including the general application forms, and submit Part II of the application to the TCEQ as part of the entire application. Meetings . No special meetings for preparation of this section are anticipated. City Responsibilities The Engineer will be provided access to previous documents related to the permit application. Task Assumptions . No additional cultural assessment will be required for the property. . No additional endangered species assessment or permits are required for the site. Part III of the Permit Amendment Application The Engineer will develop the Site Development Plan with its attachments to provide for a design that addresses all aspects of the landfill's design and operation The Site Development Plan will conform to 9330.55 and 9330.56 including the information required on drinking water protection in accordance with section 9330.200. The Engineer will develop a Site Development Plan that includes the following items: . Plan for addressing requirements related to discharges of solid waste or pollutants adjacent to or into waters of the state or waters of the US . Run-on and run-off control system . Dikes, embankments and drainage structures . Drainage calculations using HEC-1 and HEC-2 or the Rational Method, or other approved methods . Storage, treatment and disposal of surface or groundwater that has become contaminated by contact with solid waste . Flood control measures . Final cover design to provide for effective long-term erosion stability . Protection of endangered species . Appropriate landfill markers The following attachments will be included in the Site Development Plan Attachment 1 - Site Layout Plan The Engineer will prepare constructed maps showing the following: outline of the waste cell units and fill sectors; the general sequence of filling operations; locations of interior site roadways to provide access to fill areas; locations of monitoring wells and gas probes; dimensions of drainage ditches; locations of buildings; fencing; filling; maximum waste elevations and final cover; and where appropriate, plans for screening the site from public view. The sequencing drawings will be of sufficient detail to demonstrate that the site will be in compliance with applicable state and federal regulations on a continuous basis. Drawings will show generalized design and location of all site roads and ancillary facilities. H \HOME\KEVI NS\GEN\LANDFI LL IV alenzuelalDES I GN\AEAmd 15SMAdoc Page 3 of 10 ....... ~ Attachment 2 - Fill Cross-section The Engineer will prepare a representative number of fill cross sections consisting of plan profiles across the site, through or very near the soil borings, and available design and construction details of compacted perimeter or toe berms Attachment 3 - Existing Contour Map The Engineer will construct the existing contour map using digital contour and planimetric data acquired by the City during the most recent aerial photography event. Attachment 4 - Geology Report The Engineer through their subconsultant Kleinfelder, Inc. will provide a discussion of the geologic conditions in the vicinity of the facility, including the following topics. . Description of the regional geology of the area . Description of the geologic processes active in the area . Description of the regional aquifers in the vicinity of the facility . Report on subsurface conditions at the site including aquifer thickness and strata description . Description of the proposed groundwater monitoring system Attachment 5-Groundwater Characterization Report The Engineer through our subconsultant Kleinfelder, Inc will provide a discussion of groundwater conditions including the following items . Tabulation of groundwater monitoring data from wells on-site . Identification of the upper-most aquifer . Map showing the groundwater contours and gradient at the site . Calculation of groundwater flow velocity . Tabulation of aquifer test data if needed. Attachment 6 - Groundwater Protection Plan and Drainage Plan The Engineer will provide design and discussion of site drainage conditions including the following items. . Drawings showing the drainage areas and drainage calculations . Identification of the 1 aO-year floodplain . Drainage and runoff control analysis . Description of the hydrologic method and calculations used to estimate peak flow rate, volume and velocity . The 25-year, 24-hr rainfall intensity used for facility design . Hydraulic calculations and designs for sizing the necessary collection and drainage features . Structural designs of the collection, drainage and or storage facilities . A maintenance plan for ensuring the continued operation of the collection system . Calculation of expected erosion to occur from the final cover using the RUSLE . Floodplain control and analysis H. IHOMEIKEVINSIGENILANDFILL \ Valenzuela\DESIGNIAEAmd15SMAdoc Page 4 of 10 ~;,........, Atlllchment 7 - Final Contour Map The Engineer will provide a constructed map showing the final contours of the entire landfill to include Internal drainage and side slopes, down chutes, berming, etc. as well as the peak flows, volume and velocity of surface drainage entering and departing the completed fill area plus areas subject to flooding due to a 1 OO-year frequency flood Cross-sections shall be provided. Attachment 8 - Cost Estimate for Closure and Post- Closure Care The Engineer will provide a cost estimate for closure and post-closure care costs in accordance with ~330280-330.286 (relating to Financial Assurance) AtI8chment 9 - Applicant's Statement The Engjneer will provide to the City of Corpus Christi a statement to be signed by the City that assures the applicant is familiar with the Site Development Plan and is aware of all commitments presented in the plan, that the applicant is also familiar with all pertinent requirements in the regulations, and that he agrees to develop and operate the site in accordance with the plan. the regulations, and any permit special provisions that may be imposed Attachment 10 - Soil and Liner Quality Control Plan (SLQCP) and Geomembrane Liner Evaluation Report (GLER) The Engineer will proVide documentation of procedures for, and type and frequency of testing of soil and geosynthetic materials to be used during construction of the waste cells. The Engineer of Record will use t as the plan during all liner construction. The existing SLQCP and GLER will be used for this section. Attachment 11 - Ground-Water Sampling and Analysis Plan (GWSAP) The Engineer will provide documentation of procedures, test methods and testing frequency for sampling and analyzing samples from groundwater monitoring wells Attachment 12 - Final Closure Plan The Engineer will provide documentation of final closure requirements and procedures prepared in accordance with 9330.250-330.256 (relating to Closure and Post-Closure). This will include an updated final cover quality control plan Attachment 13 - Post-Closure Care Plan The Engineer will provide documentation of post-closure care requirements and procedures prepared in accordance with ~330.250-330.256 (relating to Closure and Post-Closure). Attachment 14 - Landfill Gas Management Plan (LGMP) The Engineer will develop a Landfill Gas Management Plan including the following items. . A description of how landfill gases will be monitored, managed and controlled . A description of the proposed system(s), including installation schedules and procedures and monitoring procedures . A backup plan to be used if the main landfill gas management system breaks down or becomes ineffective H IHOMEIKEVI NS\GENlLANDFILL IValenzuelalDESIGNlAEAmd15SMAdoc Page 5 of 10 ....,.,. .".... Attachment 15 - Leachate and Contaminated Water Plan The Engineer will prepare documentation of methods of managing leachate and contaminated water to prevent contamination of surface water and groundwater Deliverables The Engineer will submit Part III as part of the overall application submitted to the TCEQ. Meetings No special meetings are planned for this task City Responsibilities The City will have a designee sign forms within Part III as required Task Assumptions The baseline assumption for the project that will be clarified in the final conceptual report is that the permit area amended will be the entire landfill. It is assumed that because this is not a horizontal expansion, no additional geotechnical borings will be required for the application. Any borings that are required will be considered additional fees. Part IV of the Permit Amendment Application The Engineer will develop a Site Operating Plan meeting the requirements of 9330.114, Technical Requirements of Part IV of the application The Site Operating Plan will be prepared to meet the recent rule changes regarding site operating plans The Engineer will develop a Site Operating Plan (SOP) that will include the following items. · Description of personnel and equipment to be employed at the facility · Description of the procedures that operating personnel shall follow concerning the operational requirements · Other instructions necessary to ensure that operating personnel comply with local, state or federal regulations . Fire protection plan, odor control plan and ponding water plan. · Procedures for the detection and prevention of the disposal of regulated hazardous waste. Procedures include random inspections of incoming loads, records of all inspections, training for appropriate facility personnel responsible for inspecting loads, notification to the TCEQ and provisions for remediation of the incident Deltverables Part IV will be submitted as part of the overall application submitted to the TCEQ. Meetings No special meetings are planned for this task City Responsibilities The City will provide the Engineer with a current list of equipment, personnel and status of personnel training requirements H \HOME\KEVI NS\GEN\LAN DFI LL \ Valenzuela \DESIGN\AEAmd 15SMA doc Page 6 of 10 '~----'~ B. City Review and Submittal of the Permit Amendment Application The City and outside legal counsel, retained by the City of Corpus Christi, will review the Application prior to final submission to the TCEQ. The Engineer will respond to two sets of comments from both the City and their attorneys as part of this scope. The Engineer will prepare five copies of the Draft Permit Amendment Application for the City for legal review and comment. The Engineer will attend one meeting in Corpus Christi or Austin Texas to address any questions or comments prior to finalization of the Application. Upon acceptance of the application by the City and their legal counsel, the Engineer will prepare eight copies of the Final Application and forward them to the City for their files and submission of four copies to the TCEQ. Deliverables The Engineer will deliver five copies of a draft permit application that includes Parts I, II, III and IV will be submitted to the City for their review and comment. The Engineer will provide monthly updates on the progress of the permit application, including draft drawings, operational issues that require City decisions and other information to reduce potential conflicts. Within three weeks after receiving City comments, the Engineer will provide a final document ready for submittal to the TCEQ. It is assumed that two set of comments will be provided by the City and their legal representatives. Meetings A meeting will be held with the City at the completion of the initial draft Another meeting is planned for review of City comments. City Responsibilities The City will be responsible for reviewing the document and providing the Engineer with comments. It agreed the City's legal advisors will also review the document. The City will securing legal counsel for the application and for any fees associated with their review TCEQ Review The City will submit the permit application to the TCEQ for their administrative and technical reviews. The TCeQ administrative review will determine whether all required elements are present in the application. If the application is acceptable TCEQ will declare the permit administratively complete and a notice will be published in the Texas Register with notice will be sent to surrounding land owners by the TCEQ. Any deficiencies during this stage of review will be addressed prior to the technical review. The TCEQ staff will review the application for technical completeness and prepare a series of review comments. It is important for the City of Corpus Christi and the Engineer will continue to communicate with the TCEQ during this period to clarify the application and provide input as necessary. The review comments will be provided to the City of Corpus Christi from the TCEQ. The City of Corpus Christi and the Engineer will provide input to address TCEQ technical review comments. Up to three additional meetings with TCEQ will be held, as necessary, to ensure an understanding of the TCEQ comments and concerns The Engineer will prepare a response to TCEQs comments and submit the response to the TCEQ. TCEQ will review the response to comments and, if satisfactory will declare the application technically complete. It is anticipated that at least two rounds of NOD comments are typically submitted by the TCEQ before the application is considered technically complete based on previous cases The Engineer will attend one public meeting In support of the permitting process, lasting up to one day. Then Enginer will make a brief presentation to the local Council of Governments to obtain a determination of compliance with the Regional Solid Waste Management Plan. Deliverables H. lHOME\KEV! NS\GEN\LAN DFI LL \ V alenzuela\DES IGN\AEAmd 15SMAdoc Page 7 of 10 ...... ._"'~ The Engineer will provide the City with one original and seven copies of the permit application. The original and three copies are to be submitted to the TCEQ for their review. The Engineer will address both administrative and technical comments to the permit application. Meetings It is anticipated that three meetings with TCEQ staff will be required as part of the initial review of the application The Engineer will provide support during the public meeting and prepare exhibits from the permit application for this meeting City Responsibilities The City will provide written notice In the local newspaper of public meeting dates and to have the document available for public review, prior to the public meeting and the public hearing (if required). Task Assumptions The Engineer will respond to the administrative notice of deficiency and two sets of technical notice of deficiency Public Hearing Preparation Once declared technically complete by the TCEQ Staff, the opportunity for a Public Hearing will then be published in the Texas Register and, if required, a Public Hearing will be scheduled. In preparation for a Public Hearing, the project team will prepare expert testimony and exhibits in support of the outside legal counsel It is assumed that minimal preparation will be required for a hearing that is not highly contested. Basic exhibits consisting of enlargements of figures from the permit application will be provided for purposes of pubic presentations by the City of Corpus Christi staff. The Engineer will provide expert testimony by up to three people at a hearing lasting up to two days. Deliverables The Engineer will provide information and documentation as requested by the City and its legal advisors. The Engineer will provide periodic reports on activities related to the hearing. Meetings There may be several meetings reqUired between the City and legal counsel during this process. The Engineer will work with the City and legal counsel to attend these meetings. City Responsibilities ,t\ny public notices required for the public hearing will be the responsibility of the City. Task Assumptions Because of the uncertainty regarding whether a hearing will be required, or the extent of such hearing, fees for this task are not included in this scope. Project Management The Engineer understands what has to be included in the permit application and has developed project guides for permits and permit amendments. The project guide provides a basis for project organization, project reviews and methodologies. Incorporated into the project guide is Corpus Christi's specific scope rl' IHOMEIKEVI NSIGE NILAN OF I LL I Valenzuela IOESIGN\AEAmd 15SMA doc Page 8 of 10 and schedule. This guide provides each member of the project team with an understanding of the project's purpose, administrative requirements and quality control procedures. The Engineer will prepare a project guide for the project. The purpose of the project guide is to define and document procedures for the administration, production and quality control elements to the staff assigned and those supporting the project. Specific portions of the guide will be updated from time to time throughout the project, such as budget and schedules. All staff is expected to refer to the guide throughout the project and keep their copy of the instructions current as additional information and/or changes are distributed Meetings Monthly progress meetings will be continued as part of this project. The purpose of these meetings is to provide the City with information on project status, information needs and design/operation issues. The Engineer Will draft an agenda for these meetings and will provide the City with meeting minutes. City Responsibilities Attend meetings and provide a place for the meetings in the City of Corpus Christi. Task Assumptions The meetings will take place In the City of Corpus Christi, at a location to be determined by the City staff. The City will provide the Engineer with the name of a key City project manager, to whom all correspondence shall be forwarded. SECTION VI. FEE is amended bv the insertion of Phase III fees to read: 'Section VI. FEE. The City will pay the Engineer a restated total not to exceed fee of $4,119,710.00. This fee will be full and total compensation for all services provided and expenses incurred. The fee is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds This amendment authorizes the following fees A. FEE FOR ADDITIONAL SERVICES The City agrees to pay the Engineer for services provided in accordance with the Scope of Services and Fee under this Amendment, an additional fee for additional services not to exceed $370,170.00. The revised total fee as amended is not to exceed $4,119,710.00. The total amended fee is the full and total compensation for all services provided and expenses incurred by the Engineer. For services provided in Section III "Additional Services", the Engineer will submit monthly statements for basic services rendered. Engineer's statement will be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing. For services authorized by the Director of Engineering Services under Section III "Additional Services", the City will pay the Engineer a fixed fee for providing services authorized as shown by the Summary of Fees H\HOME\KEVI NS\GEN\LAN OFI LL \ Valenzuela\OESIGN\AEAmd 15SMA.doc Page 9 of 10 ....... .~ SUMMARY OF FEES . AUTHORIZATION j Original Contract -- ___n_ r'Amendment NO.-1 ---~---- f- --- ------------.- ~_ Amendment No._ 2 __ _~ __ i Amendment No 3 r i Amendment No_ 4 I ---- --------- ~Amendment No 5 __ __ _ ~Amendment No 6_ ___ L Amendment No1-___ __ __ ! Amendment No~__~__ ~Amendment No 9__~ __~_ L Amendment No. 10 __~____ Amendment No 11 ----,---- -----.. ._..- - Amendment No. 12 Amendment No 13 -_.~._,_. -"-'-~--"-"'--"'- : Amendment No. 14 : Amendment No 15--- [ 4.18.A - A lication Pre aration : 4.18. B - Permit Review Assistance ......._-_._~- FEE :_ T ot~~_ __ _ __ ____ __ ___ - -..-1------ -=c: $1,485,800 129,250 12,000 14,350 2,800 10,000 167,700 579,260 14,720 24,740 222,000 647,120 --- 390,700 24,950 24,150 257,426 112,744 370,170 $4,119,710.00 ---~- All other terms and conditions of the February 13, 1996 contract, as amended, between the City and Engineer shall remain in effect CITY OF CORPUS CHRISTI SHINER MOSELEY AND ASSOCIATES, INC. ~-c1.~' ~ By: &'~.! tzJUL By: onald F Massey /' \ ~ate <t ~ames . Shiner. .E. Assistant City Manager <;: t-V~resident ATTEST CitySec~ 7 ,h""(o," Date APPROVED AS TO FORM: ~UihJ. Assistant City Attorney ~!(g i Db D te RECOMMENDED: #~ ~~~ 'A .. . Escobar, P E I. /' ~ t 7/C.5/cP 7hjob D~te H \HOME\KEVI NS\GEN\LANDFI LL \V alenzuela\DES IGNIAEAmd 15SMAdoc .....' -',' ,,.. - 1 (J~C Date Page 10 of 10 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Chnsti Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide tt1e following information. Every question must be answered. If the question is nof applicable, answer with "N/A". FIRM NAME: SHINER. MOSELEY AND ASSOCIATES. INC. STREET: 515 N. CARANCAHUA. SUITE 1650 CITY: CORPUS CHRISTI FIRM is: 1 Corporation (X) 2. Partnership ( 3 Sole Owner ( ) 4 Association () 5 Other ( ) _____ ZIP: 78478 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more ofthe ownership in the above named "firm". Name Job Title and City Department (if known) __ N/A _____________ _____ 2. _te the names of each "official" ofthe City of Cor~us Christi having an "ownership interest" constituting 3" or more of the ownership in the above named 'firm". Name Title N/A 3. Stlte the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board. Commission, or Committee __ N/A__________ 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest' constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify tt1at all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested and that supplemental statements will be promptly submitted to the City of Corpus ChristL Texas as changes occur. Certifying Person. James A. Shiner. P. E. (Type or Print) Signature of Certifying Person: ...,....--=~ ~--- Date: Sr. Vice President ( I~ I ~~ Title: Exhibit C Page 1 of 1 .... ''''ftl!' DEFINITIONS a "Board Member" A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas "Employee" Any person employed by the City of Corpus Christi, Texas either on a full or part time basis, but not as an independent contractor. "Firm" Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christl, Texas "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity "constructively held" refers to holding or control establishea through voting trusts, proxies or special terms of venture or partnership agreements "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation b i] e Exhibit C Page 1 of 1