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HomeMy WebLinkAboutC2015-310 - 10/13/2015 - NA SMALL A/E AGREEMENT for Architect/Engineer Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY",acting through its duly authorized City Manager or designee("City Engineer"),and SCS Engineers a Texas corporation, acting through its duly authorized representative who is David Mezzacappa, P.E.(ENGINEER),which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "ENGINEER" to provide services in connection with City's project, described as follows: GCCS Design Plan and Preliminary Surface Scan (Project No. E15201) "Project". 2. SCOPE OF WORK. "ENGINEER"shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A". 3. FEE. The"CITY"agrees to pay the"ENGINEER"for services provided in accordance with Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $19,000.00 (in figures), (Nineteen Thousand Dollars and Zero Cents) (in words). Monthly invoices will be submitted in accordance with Exhibit"C". 4. INDEMNIFICATION AND HOLD HARMLESS. The "ENGINEER" agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in "Exhibit B". Cl ► •F P S 'ISTI S ENGINEERS XSt 0/15 ./ V Q-rie H. Gr- P.:. Date Davis - ac-ppa, P.E. Date Executive Director • Public orks Vice President 1901 Central Drive, Suite 550 Bedford, TX 76021-5872 R C MENDED (817) 571-2288 Office ids /0.01.2436— erating Department Date APPR• E' / Project No. E15201 , 1 %l f Accounting Unit: 1020-12506-033 Office of Management and Budget 'a i�' Account: 530000 �,' Activity: E15201011020EXP Account Category: 30000 APPROVED AS TO LEGAL FORM Fund Name: General Fund P1/91 Encumbrance No. ., al Department Date 2015-310 10/13/15 SCS Engineers INDEXED _\E15201 GCCS DESIGN PLAN AND PRELIMINARY SCAN\AE AGREEMENT.DOC 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 September 9, 2015 SCS Proposal No. 160156215 Mr. Lawrence Mikolajczyk Solid Waste Services Director City of Corpus Christi P.O. Box 9277 Corpus Christi TX 78469-9277 Subject: GCCS Design Plan and Preliminary Surface Scan Cefe Valenzuela Landfill Corpus Christi, Texas Dear Lawrence: SCS Engineers (SCS) is pleased to present this proposal to the City of Corpus Christi, to provide New Source Performance Standard (NSPS)-related compliance services for the Cefe Valenzuela Landfill(landfill). The landfill tested as having non-methane organic compound (NMOC) emissions in excess of 50 Megagrams per year (Mg/yr) this past summer. As such, a landfill gas collection and control system design plan (GCCS Design Plan) must be completed by May 11. 2016, and a GCCS installed within 18 months after that (by November 1 1, 2017). Task 1 of this proposal includes the preparation of and submittal of this GCCS Design Plan to TCEQ. The NSPS regulations are currently in the process of being revised by EPA. The finalization of these rules is expected during the summer of 2016. Although the City will need to proceed with the finalization of the GCCS Design Plan in Task 1 and make subsequent plans for GCCS installation by November 11, 2017, the new EPA rules provide for the possibility that four consecutive, quarterly surface scans of the landfill may be conducted, and that if no emissions in excess of 500 ppm of methane is detected, that the installation of the GCCS may be delayed. In order to preserve the potential opportunity to delay GCCS installation if such surface scans are in the final rule. and can be successfully conducted, Task 2 of this proposal includes a preliminary surface scan of the uncontrolled landfill. In this way the City will know whether successful surface scans (no readings over 500 ppm methane) are likely possible once the new EPA rules are finalized. PROPOSED SCOPE Task 1 —GCCS Design Plan Task 1 consists of the preparation of the GCCS Design Plan, which is due to TCEQ by May 11, 2016. This plan will meet all requirements set forth under 40 CFR §60.752(b)(2) and fully describe EXHIBIT"A" Page 1 of 5 . Mr. Lawrence Mikolajczyk September 9, 2015 Page 2 the GCCS to be installed at the landfill to meet NSPS requirements. It will also be written with flexibility such that the City can pursue beneficial use in the future. Having prepared and gained approval of other GCCS Design Plans in Texas, SCS is also familiar with the process and TCEQ review staff. Items to be addressed in this plan include, but are not limited to: • Control of surface emissions; • General layout of initial phase of construction; • Layout of final build-out of system; • Depth of refuse; • Landfill gas generation rates and flow characteristics; • Landfill cover properties; • GCCS expandability; • Leachate and condensate management; • Accessibility; • Compatibility with filling operations; • Integration with closure use; • Air intrusion control; • Corrosion resistance; • Fill settlement; • Resistance to decomposition heat; • Minimization of off-site migration; • Fill settlement design considerations; and • Surface emissions monitoring plan. SCS will work closely with the City during this task to discuss important design specifics such as the location of the control device(s) and condensate management details. To facilitate this, one site visit is included in this task. This site visit may be performed once a partial draft GCCS Design Plan has been prepared so that this can be reviewed and discussed in person. Since the U.S. EPA developed NSPS requirements for essentially all municipal solid waste landfills, some of these requirements may not be applicable to all landfills. SCS typically requests about a dozen variances to NSPS requirements based upon our years of experience with implementing the NSPS rules. By requesting and obtaining flexibilities to certain NSPS provisions, the City will have greater flexibility in accommodating operations and complying with the NSPS rules. To address this key aspect of the GCCS Design Plan, SCS will critically examine NSPS requirements as applicable to the landfill and recommend variations to any standard NSPS requirements that should be included in the GCCS Design Plan. Most of the necessary information to complete this work is already in our possession from our prior work at the landfill. However,our scope assumes that the City will provide SCS with any necessary information to complete this task such as updated drawings, permitted or as-built base grade information to estimate vertical well depths,and a CAD file of the final landfill grades. EXHIBIT"A" Page 2 of 5 • Mr. Lawrence Mikolajczyk September 9, 2015 Page 3 A copy of the GCCS Design Plan will be provided to the City for review. Upon receipt of comments and the City's certification signature, final copies will be provided for submittal to TCEQ and the City. The final GCCS Design Plan will be sealed by a professional engineer registered in the State of Texas. Task 2—Preliminary Surface Scan SCS Field Services will perform a surface scan as outlined for the "Tier 4 SEM" in the proposed Emissions Guideline Rule (EG Rule) for Municipal Solid Waste Landfills issued by EPA in the Federal Register on August 27, 2015. This scan would be equivalent to one of the quarterly scans that will be required for a possible, future Tier 4 demonstration once the EG rule that Cefe will be subject to is finalized. To perform this scan, the landfill perimeter will be monitored with a flame ionization detector (FID), as well as the entire surface of the landfill (less the working face or other dangerous areas) along a 30-meter (98-ft) path. Areas where visual observations indicate elevated concentrations of landfill gas, such as distressed vegetation and cracks or seeps in the cover and all cover penetrations will also be monitored. Prior to monitoring, a background concentration shall be determined by moving the probe inlet upwind and downwind outside the boundary of the landfill. During surface emissions monitoring, the instrument tip will be maintained within four (4) inches of the ground surface. Measurements will be taken continually along the surface monitoring route. Any exceedance of greater than 500 ppm of methane will be flagged. The scan will be conducted during "normal" meteorological conditions—not too windy, raining, etc. SCS Field Services will delineate on the surface monitoring route map any areas that were excluded from scanning, and provide a brief explanation (via email). A fee is included in this task for SCS Field Services to provide one additional surface scan if repairs are needed after the first scan to eliminate areas showing 500 ppm of methane through the landfill cover. This Remonitoring will provide the City with confirmation of cover competency after any repairs noted by SCS Field Services are made by landfill personnel. As with the first scan, any results of this follow-up scan will be provided to the City via email. ADDITIONAL SERVICES Although not included in this proposal, there will be multiple follow-up tasks to the services described in this proposal needed by the City. The work that may be needed includes the following: • The surface scan described in Task 2 is scoped as shown in the current EG draft rule. However, this rule may change prior to finalization. If the rule requires a different type of scan or different parameters, the City may want to perform a new preliminary scan, this conforms to the final rule in different ways; EXHIBIT"A" Page 3 of 5 Mr. Lawrence Mikolajczyk September 9, 2015 Page 4 • The new NSPS and Emissions Guideline rules expected in the summer of 2016 may require that revisions be made to the GCCS Design Plan; • The landfill's air permit(s) will require revision to include the new gas system control device and other items to indicate that the landfill is submit to NSPS control requirements; • Construction plans and overall bid documents will be needed for construction of the first phase of the GCCS in case it requires construction (and multiple surface scans do not delay its required construction); • If the NSPS Tier 4 method is approved in the final EG rule by EPA, work will be required to perform the scans, file paperwork that the Tier 4 is being pursued, and to complete the final Tier 4 report; and • A GCCS master plan may be useful to the City. This plan would provide a more detailed phasing outline for the first, and subsequent gas system expansions to match the landfill's development. This more detailed roadmap will also provide the City with budgeting estimates for the next two gas system expansions. SCS will be ready to assist you with these as needed, and can provide a proposal upon request. PROPOSED FEE AND SCHEDULE The proposed lump sum fee for the proposed work is shown in Table 1 below. Table 1 Proposed Fee Task Task Name Proposed Fee Number 1 GCCS Desi!n Plan $12,000 2 Preliminar Surface Scan $7,0001 Total $19,000 If no follow-up monitoring is required after the initial scan,the fee for this task will be$5,000. SCS suggests that work begin on the GCCS Design Plan by November 1, 2015 so that the Plan can be reviewed and submitted to TCEQ well in advance of its May 11, 2016 deadline. Since the new NSPS rules are scheduled to be finalized during the summer of 2016, we suggest that the preliminary surface scan work be completed in the spring in advance of the rule's finalization. We appreciate the opportunity to provide these services for the City of Corpus Christi. If you have any questions or need additional information, please contact David Mezzacappa, P.E. at (817) 358- 6108. EXHIBIT"A" Page 4 of 5 Mr. Lawrence Mikolajczyk September 9, 2015 Page 5 Sincerely, ato;-/.0707.. Ryan Kuntz,P.E. David Mezzacappa, P.E. Project Manager Vice President SCS ENGINEERS SCS ENGINEERS TBPE Registration No.F-3407 Cc: Mr. Tony Benavides, City of Corpus Christi(email only) EXHIBIT"A" Page 5 of 5 EXHIBIT B INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. EXHIBIT"B" Page 1 of 1 Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete . Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 , 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% rn d z co• W -a -" 6 . SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION `"" CITY OF CORPUS CHRISTI City of Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112,as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every,question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: SCS Engineers P.O.BOX: N/A STREET ADDRESS: 1901 Central Drive,Suite 550 CITY: Bedford ZIP: 76021-5872 FIRM IS: 1. Corporation ri 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other B 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 of the ownership in the above named"firm.' Name Job Title and City Department(if known) NM- 2. State the names of each "official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/fr 3. State 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 4//4- 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/Ar • FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that 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 Christi,Texas as changes occur. Certifying Person: David M,- •ppa,P.E. Title: Vice President (TypeorP 4.0 Signature of Certifying ` ,' I Date: a/a4/5 Person: __ .ate► r I yI DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "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. d. "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. e. "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 Christi,Texas. f. "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 holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "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.