HomeMy WebLinkAboutC2017-435 - 9/17/2017 - NA a * •
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CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT (No./Name)
E17068 CEFE VALENZUELA LANDFILL GAS SYSTEM OM&M
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee
(Director) and SCS Engineers, Inc., a Virginia corporation, 1901 Central Drive, Suite 550, Bedford,
Tarrant County, Texas 76021, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 3
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V OPINIONS OF COST 5
ARTICLE VI INSURANCE REQUIREMENTS 5
ARTICLE VII INDEMNIFICATION 5
ARTICLE VIII TERMINATION OF AGREEMENT 6
ARTICLE IX RIGHT OF REVIEW AND AUDIT 7
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 10
EXHIBITS
2017-435
9/17/17
SCS Engineers Inc.
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ARTICLE I —SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and
attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for
Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be
required by law or common due diligence in accordance with the standard of care defined in Article XIII of this
Agreement. The approved Scope of Services defines the services to be performed by Consultant under this
Agreement.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At
review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services
attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed
must be in writing.
1.3 Consultant shall provide labor,equipment and transportation necessary to complete all services agreed to
hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant
must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%
of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ
or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on
the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the
City with each monthly invoice.
1.6 For design services, Consultant agrees to render the professional services necessary for the advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its
responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached
as-Exhibit-F.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultants Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits AaA
4. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3r° party
owners/operators.
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1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $37,385.
3.2 The Consultant's fee will be on a lump sum or time and materials(T&M) basis as detailed in Exhibit A and
will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule,as-show:kg-Exhibit-B-1,with their proposal. City and Consultant agree
that the Rate Schedule is considered confidential information that may be excluded from public disclosure under
Texas Government Code Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
3 4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks
provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed
and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of
notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of
billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the
Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any
reimbursable expenses associated with the work. City will make prompt monthly payments in response to
Consultant's monthly invoices.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
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3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge, information and belief, be free and clear of liens,claims, security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE
ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from
damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided
herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures
as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.The.City.may direct the Consultant to suspend work pending receipt and appropriation of funds. The right
to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with
section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2
aper-eyed-changes
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4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional
Services until requested in writing by the Consultant and written authorization is provided by the Director of
Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this
Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the
schedules approved by City. The Consultant and City are aware that many factors may affect the Consultants
ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten
business days of becoming aware of a factor that may affect the Consultant's ability to complete the services
hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the
construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment,
or over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the
basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design
professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals,
bids or the construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work untilall similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers,agents, employees, excluding the engineer or architect or that person's agent,employee
or subconsultant, over which the City exercises control ("Indemnitee")from and against any and
all claims,damages, liabilities or costs, including reasonable attorney fees and court costs,to the
extent that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier committed by
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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 or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee,the Consultant shall reimburse the City's reasonable attorney's
fees in proportion to the Consultant's liability.
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.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the
performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless
Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in
detail the services performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
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8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time&
Materials calculation or Consultant and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX—RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee,
which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its
records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute
under this Agreement, then such retention period shall extend until final resolution of the dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include
billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting
notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries,reports,drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and
any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable
judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any
Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records,Consultant's facilities and Consultant's current employees,deemed necessary by City or its designee(s),
to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work
space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages; the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments,such that subsequent compliance costs exceed expenditures that would have been involved
had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
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10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultants
sole cost if, in the City's judgment,the Consultant generates excessive addenda,either in terms of the nature of the
revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost
due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in
writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one
(21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant,whether for additional compensation, additional time or other relief,shall
be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the
truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to
Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30)
calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial
request for remedy or(iii) request Mediation.
12.1.5 Pending final resolution of a claim,except as otherwise agreed in writing, Consultant shall proceed
diligently with performance of the Agreement, and City shall continue to make payments in accordance with
this Agreement.
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12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out
of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for similar
projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
contained herein.
12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to
filing any lawsuit, request mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than thirty (30) or more than ninety (90) calendar days following the date of the
request, except upon agreement of both parties.
12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty (30) calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for
loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature
arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for
payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED
TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
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ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party, except for
routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services
under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the
partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City
may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without
written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment, including
the rate of compensation, has been approved in writing by the City.
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a
result of this Agreement, including contract documents (plans and specifications), drawings and submittal data.
Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by
Consultant,shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any
modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior
to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing under the same or
similar circumstances and professional license; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or architect.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project,including scope meetings, review meetings,
pre-bid meetings and preconstruction meetings.
13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form, attached-as-Exhibit 0.
13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement,attached ac Exhibit E. Form 1295 requires disclosure of"interested parties"with respect to entities that
enter contracts with cities that exceed $50,000. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares,
stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business entity of which the board or
other governing body is composed of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or service as one of the four
officers most highly compensated by a business entity that has more than four officers; or
(2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a
governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business
entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https:llwww.ethics.state.tx.uslwhatsnewlelf_info_form1295.htm. The form must then be printed, signed,
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notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.html.
13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code,to complete and file Form CIO with the City Secretary's Office. For more information and to determine if you
need to file a Form CIC), please review the Information on the City Secretary's website at
http://www.cctexas.com/government/city-Secretary/conflict-disclosurefindex.
13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts
of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in
Nueces County and cannot be removed from Nueces County.
13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article,sentences,
clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article,
sentence,clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way
the validity of this Agreement in any other instance.
13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other
document prepared by Consultant and included herein,is in conflict with Articles I-XIII of this Agreement(Articles),
the Articles shall take precedence and control to resolve said conflict.
CITY OF CORPUS CHRISTI SCS ENGINEERS,INC.
Margie C. Ro Date David J. Mezzacapp-, P.E. Date
City Manager Vice President
1901 Central Drive, Suite 550
Bedford, Texas 76021
(817) 571-2288 Office
RECOMMENDED
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Mark Van Vleck ate
ltAssistant City Ma ager 4/
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APPROVED AS TO LEGAL FORM
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Assistant City Attorney Date
Rage 11 Rev. 17-9
6 ENGINEER WIG DATAEXCIMNGENNGIEMSOLID WASTPE17068 CEFE VALENIUELA LMDFIL1 GAS SYSTEM 0M&MQ01T 0707 CONTRACT PROFESSIONAL SERVICES DOC
•
E17068 Cefe Valenzuela Landfill Gas System OM&M
Fund Name Accounting Unit Account No. Activity No. Account Amount
Category
Solid Waste Operating 1020-12506-033 530000 E17068011020EXP 30000 $18,692.50
Solid Waste Operating 1020-12530-033 530000 E17068011020EXP 30000 $18,692.50
•
Total $37,385.00
Page 12 Rev.17-9
KIENGINEERING DATAE%CHANGENNGIEMISOLIO WASTE\E170S9 CEFE VALENZUELA LANDFILL GAS SYSTEM OM&A@0170907 CONTRACT PROFESSIONAL SERVICES DOC
EXHIBIT A
SCOPE OF SERVICES
Contract for Professional Services
Exhibit A
SCS ENGINEERS
- - _
ink 4,11t,*
ti 7
•
�. __. . ice.
Cefe Valenzuela Landfill
Proposal for
Gas System OM&M and
Compliance Services Required
Late 2017
E17068 Cefe Valenzuela Landfill Gas System OM&M
Presented To:
o�QuS
� �y'��s►
INST
CITY OF CORPUS CHRISTI
P. O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3500
Presented By:
SCS ENGINEERS
1 901 Central Drive, Suite 550
Bedford, Texas 76021
(817) 571-2288
August 2017
Proposal No. 160137217
Offices Nationwide
www.scsengineers.com
EXHIBIT "A"
Page 1 of 22
•
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City of Corpus Christi SCS ENGINEERS
Cefe Valenzuela Landfill
Proposal for
Gas System OM &M and
Compliance Services Required
Late 2017
E17068 Cefe Valenzuela Landfill Gas System OM&M
Presented To:
CITY OF CORPUS CHRISTI
P. O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3500
Presented By:
SCS ENGINEERS
1 901 Central Drive, Suite 550
Bedford, Texas 76021
(817) 571-2288
August 2017
Proposal No. 160137217
Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and
August 2017 Related Services Proposal
IEXHIBIT "A"
Page 2 of 22
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City of Corpus Christi SCS ENGINEERS
Table of Contents
Section Page
1 BACKGROUND 1
2 SCOPE OF SERVICES 1
GCCS Operational Goals 1
Task 1 —Routine/Non-Routine GCCS OM&M Services 2
Routine OM&M Services 2
Wellfield Monitoring and Maintenance Services 2
Other Wel!field Monitoring and Maintenance Services 2
BFS Monitoring and Maintenance Services 3
Spare Parts Inventory 4
GCCS OM&M Recordkeeping and Reporting 4
Project Management and Administration 4
Non-Routine OM&M Services 5
Non-Routine Scheduled Services 5
Non-Routine Unscheduled Services 5
Task 2 —Scope and Schedule of Cefe Practice Surface Emissions Monitoring (SEM)
Services 6
SEM Field Activities 6
SEM Recordkeeping and Reporting 6
SEM Schedule 7
Task 3 — Preparation of Startup, Shutdown, and Malfunction (SSM) Plan 7
Task 4 — Revision to Greenhouse Gas (GHG) Monitoring Plan 7
3 SCHEDULE 8
4 COST ESTIMATE 8
Routine Services (Tasks 1 through 4) 8
Procedures for Non-Routine Services 9
5 ASSUMPTIONS AND CONDITIONS 10
Attachment
Fee Schedule
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August 2017 Related Services Proposal
IEXHIBIT"A" I
Page 3 of 22
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City of Corpus Christi SCS ENGINEERS
1 BACKGROUND
Per our discussions with the City of Corpus Christi (City), this proposal has been prepared to
cover landfill gas collection and control system (GCCS) operational requirements at the Cefe
Valenzuela Landfill (Cefe) that are required for GCCS startup as well as upcoming New Source
Performance Standard (NSPS) requirements. Tasks are also included to prepare a startup,
shutdown, and malfunction plan (SSM Plan) as required by NSPS rules as well as a required
update to the Greenhouse Gas(GHG) for the new flare's installation.
Cefe will have the following landfill gas-related systems that require maintenance and
monitoring:
Gas Collection System SEM
Landfill No. of No. of No. of No. of Surface
Wells Sumps Flares' Blowers Area
(acres)
Cefe Valenzuela 26 4 1 2 60
I Candlestick Flare
For monitoring purposes,Cefe will be subject to the operational requirements of Title 40 Code of
Federal Regulations Part 60, Subpart WWW (aka New Source Performance Standards (NSPS)).
The period of this proposal is meant to cover Cefe's GCCS startup through as late as December
2017 until SCS can be brought under contract through RFQ 2017-01.
2 SCOPE OF SERVICES
For the first several tasks of this proposal, SCS will perform GCCS operations, monitoring, and
maintenance (OM&M) services for Cefe. Reporting of these services will also be provided.
These activities are further described below.
GCCS Operational Goals
SCS Field Services (SCS-FS) will operate the GCCS at Cefe as part of this proposal consistent
with NSPS rules. Consequently, the following minimum landfill gas (LFG) quality standards
will apply to measurements taken at each LFG extraction wellhead:
• Static pressure measured at the wellhead must be less than 0.0 inches of water column
(i.e.,under vacuum);
• LFG temperature measured at the wellhead must be less than 131 degrees Fahrenheit
(131°F);and
• Oxygen concentration measured at the wellhead must be less than 5.0 percent by volume.
Although not required by regulations, SCS-FS will also attempt to maintain the LFG quality at
each wellhead in conformance with the following limits:
• Methane concentration between 45 and 58 percent;and
• Balance gas concentration less than 10 percent.
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City of Corpus Christi SCS ENGINEERS
These latter LFG quality standards are overall benchmarks and are not considered absolute
minimum or maximum allowable readings; however, they are consistent with NSPS
requirements and provide desirable goals for LFG quality at each wellhead.
TASK 1 — ROUTINE/NON -ROUTINE GCCS OM&M SERVICES
ROUTINE OM&M SERVICES
Routine GCCS-related services are those services for which the scopes can be reasonably
defined at the present time and estimates of costs provided.
Wellfield Monitoring and Maintenance Services
SCS-FS will conduct monitoring and adjustment of the wellfield to ensure proper balancing of
the LFG extraction wells. Routine GCCS OM&M services will be provided at each active LFG
extraction well. During these services, SCS-FS will document the following operational data (as
appropriate for monitoring equipment used) for each well:
• Static pressure;
• Differential pressure;
• Lateral(available) vacuum;
• LFG flow;
• LFG composition(i.e., methane(CH4), carbon dioxide(CO2), oxygen(02), nitrogen (N2));
and
• LFG temperature.
The technician will also evaluate the condition of each wellhead and listen for leaks. Minor
leaks identified during monitoring will be repaired at the time of discovery. Leaks that cannot be
fully repaired (e.g., those requiring replacement parts) will be temporarily mitigated in the field
(if possible). Permanent repairs will be performed as non-routine scheduled services (see Non-
Routine Services section of this proposal).
Monitoring will be performed with a Landtec GEM 5000 or equivalent. Initial monthly tuning
will be done with the GC during the first half of the month. At a minimum, the GEM 5000 will
be calibrated prior to use each day and as needed during the course of the day. Factory
calibration will be performed in accordance with manufacturer's recommendations.
Other Wellfield Monitoring and Maintenance Services
Additional wellfield monitoring and maintenance services are indicated below:
• Replacement of flex hoses and monitoring ports on wells (labor only; limited to five
wells per month);
• Measurement of depth-to-liquid in wells(once per year);
• Monitoring of LFG quality and pressure at sample ports on collection piping (if
applicable);
Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and
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City of Corpus Christi SCS ENGINEERS
• Observation and monitoring of wells equipped with pneumatic pumps to verify proper
operation of pumps(if applicable);
• Observation and monitoring of condensate sumps and/or drip legs to verify their integrity
and proper operation; and
• Observation for general landfill cover integrity and surface water drainage conditions that
might impact LFG collection system operations.
As necessary, issues related to these items will be brought to the attention of landfill
management prior to SCS-FS personnel leaving Cefe and documented in the monthly report(see
below).
BFS Monitoring and Maintenance Services
SCS-FS will perform routine blower/flare system (BFS) monitoring each month including the
following services:
• Collect BFS data(as available)including:
- Instantaneous flow readings(from meter);
- Total flow readings(from totalizer);
- Overall system vacuum(i.e.,knockout inlet);
- Knockout outlet pressure and temperature;
- Blower inlet and outlet pressures and temperatures;
- Flame arrestor inlet and outlet pressures(if ports available);
- Composite LFG quality(i.e.,CH4,CO2,02, and balance gas concentrations);
- Flare temperature(from thermocouple readout);
- Blower run time hours(from meter);
- Blower bearing temperatures(from panel readout);
- Blower amperage reading(from panel readout);
- Flow meter readings(for condensate tanks [if applicable]); and
- Logger data(i.e., download logger).
• Monitor and record operating status as applicable of various BFS components including:
- Blower;
- Motor;
- Flare;
- Flare control system;
- Air compressor(if applicable); and
- Propane tank(if applicable).
SCS-FS personnel will identify any necessary manufacturer's specified preventative
maintenance of BFS components including: .
• Blower;
• Motor;
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City of Corpus Christi SCS ENGINEERS
• Flare control system;
• Condensate knockout(s);and
• Flame arrestor.
In the event that SCS-FS is required to perform these services,then they will be provided as non-
routine scheduled services(see Non-Routine Services section of this proposal).
Services that will be provided as needed in conjunction with routine monthly visits include:
• Tightening of hoses,valves, etc.;
• Replacement of broken sampling ports/cock valves(labor only);
• Cleaning around the BFS; and
• Greasing motor/blower bearings(if grease fittings available).
Spare Parts Inventory
SCS-FS will keep an inventory of spare parts and materials at a designated location on site for
the GCCS (in accordance with the manufacturer's operations manuals for the blower,motor, and
flare). If any of the spare parts or materials in the inventory are used for maintenance or repairs,
SCS-FS will notify City personnel who will order the items or who may direct SCS-FS to do so.
GCCS OM&M Recordkeeping and Reporting
For monthly GCCS OM&M services, SCS-FS will prepare and submit a report by the 30'h of the
month following the month for which wellfield monitoring services were provided. This report
will include the following information:
• Monitoring data collected at individual LFG extraction wells;
• Status of each well's compliance with the operating limits;
• Well depth measurements(when such measurements are taken);
• Summary of BFS operations;
• Condensate sump operational status;
• Summary of routine maintenance services performed;
• Summary of non-routine maintenance services performed(if any);and
• Recommendations for additional non-routine maintenance or repairs needed(if any).
In advance of submitting the above-described report, SCS-FS will compile collected data on the
SCSeTools server and provide access for designated personnel to this data. Field data will be
uploaded to SCSeTools for access and review within two workdays following collection by SCS-
FS. By placing data on the SCSeTools server, access will be available to personnel at all times
via the Internet.
Project Management and Administration
For the above tasks, SCS-FS will provide an adequate level of management and administration to
ensure that the project runs smoothly and efficiently. Management/administrative services
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City of Corpus Christi SCS ENGINEERS
include scheduling of field activities, oversight of field activities, reporting of field activities,
invoicing for services, and client communications. Costs for these services are included under
the respective tasks.
NON-ROUTINE OM&M SERVICES
With the routine services that will be provided as described above, non-routine services should
be minimized; however, some non-routine services may still be necessary at times. Examples of
such services are provided below.
Non-Routine Scheduled Services
Non-routine scheduled services consist of corrective repairs or maintenance work identified by
City personnel or by SCS-FS personnel during routine visits or supplemental GCCS monitoring
services. Such services may include but are not limited to the following:
• Remonitoring of LFG extraction wells;
• Repair/replacement of broken valves;
• Repair/replacement of damaged wellheads;
• Raising of wells;
• Repair of damaged header and/or leachate lines;
• Troubleshooting of well and/or header problems;
• Blower/flare maintenance activities;and
• Troubleshooting of pump problems(in wells or sumps).
Such services may be necessary for regulatory compliance or essential for satisfactory system
operation; however, the work is of a non-emergency nature and can be scheduled to allow for
procurement of materials and/or equipment and scheduling of personnel. Non-routine scheduled
maintenance will be performed on a time-and-materials or fixed fee basis and only with prior
authorization from the City.
Non-Routine Unscheduled Services
Non-routine unscheduled (emergency) services include events that require immediate response
for ongoing operation of the GCCS and/or to ensure protection of public health and the
environment. Such services may include but are not limited to the following:
• Investigation of elevated oxygen concentrations at the BFS;
• Repair of main header line breaks(resulting in no or reduced LFG flow);
• Troubleshooting/repair of BFS problems; and
• Investigation of surging vacuum in header.
Due to the urgent nature of these items, advance scheduling of work activities may not be
feasible; however, SCS-FS personnel are prepared to respond to emergencies as needed, 24
hours per day, 7 days per week. Non-routine unscheduled services will be performed as required
on a time-and-materials basis and only with prior authorization from the City.
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IEXHIBIT "A"
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City of Corpus Christi SCS ENGINEERS
TASK 2 — SCOPE AND SCHEDULE OF CEFE PRACTICE SURFACE
EMISSIONS MONITORING ( SEM) SERVICES
SCS-FS will perform one "practice" quarterly SEM event at Cefe prior to the formal NSPS
startup date but after GCCS installation and startup. The first"formal"NSPS-required scan will
be conducted in early 2018, presumably under a new scope approved through the RFQ. The
practice scan will be performed in general accordance with Title 40 Code of Federal Regulations
Section 60.755(c) and (d) (40 CFR §60.755(c) and (d)) or 40 CFR §60.765(c) and (d) and 40
CFR Part 60, Appendix A, Method 21. As required by the regulations, monitoring will be
scheduled during periods of typical meteorological conditions and will provide coverage of the
area served by the GCCS.
SEM Field Activities
The SEM event will include the following:
• Identifying the monitoring route in the field per the SEM route map;
• Identifying penetration locations in the field per the wellfield layout map;
• Testing surface emissions continuously along the monitoring path and at penetrations
using an organic vapor analyzer specifically designed for surface emissions testing (e.g.,
flame ionization detector);
• Marking, recording, and notifying Site personnel of areas where methane concentrations
exceeding 500 parts per million(ppm)above background are detected(if applicable); and
• Recommending corrective actions to remediate areas of exceedances (if applicable) such
as adjustments to extraction wells; adjustments to header line flow/vacuum; cover
maintenance; or installation of additional collection devices.
Rechecks of locations where methane concentrations exceed 500 ppm above background will be
performed within 10 days and at one month of initial detection of the exceedance as if this were a
formal required scan. Exceedances will be brought promptly to the attention of Site personnel to
allow timely implementation of corrective actions. If a corrective action is implemented for an
exceedance location on the day of the quarterly SEM event prior to the SCS-FS technician
leaving the Site, then the 10-day recheck will be performed that same day. In the event that a
separate mobilization is required, a cost for 10-day or one-month rechecks has been provided in
the Cost Estimate section of this proposal(see below).
SEM Recordkeeping and Reporting
By the 15th of the month following the end of the month in which the SEM work is completed,
SCS-FS will prepare and submit an informal report to the landfill manager summarizing all SEM
activities performed and the data collected. This report will include the following information:
• Explanation of procedures followed in conducting monitoring;
• Instrument field calibration and background data;
• Data for exceedance locations(i.e., locations with methane concentrations exceeding 500
ppm above background)including initial and follow-up monitoring(if applicable);
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City of Corpus Christi SCS ENGINEERS
• Identification of corrective actions implemented to address exceedances (if applicable);
and
• A map of the SEM route followed during monitoring with exceedance locations and areas
not monitored(for safety reasons) noted.
Additional documentation (e.g., field data, notes) will be maintained and made available as
needed.
SEM Schedule
As noted above, this practice SEM event will be conducted during the 4th quarter of 2017, after
GCCS startup at Cefe, but prior to the NSPS startup date. With regard to monitoring procedures,
this monitoring event will be conducted in the same manner as mandatory monitoring even with
respect to rechecks. Mandatory SEM events will commence during the 1S` quarter of 2018 under
a separate proposal.
TASK 3 — PREPARATION OF STARTUP, SHUTDOWN, AND
MALFUNCTION (SSM) PLAN
In 2003, the United States Environmental Protection Agency (EPA) published rules under 40
CFR §63, Subpart AAAA to regulate hazardous air pollutants from municipal solid waste
landfills. The rule augmented the requirements already set forth by the New Source Performance
Standards (NSPS) rule for landfills. Since the landfill will become subject to NSPS control
under 40 CFR 60, Subpart WWW on November 11, 2017, a Startup, Shutdown, and Malfunction
Plan(SSM Plan) must be prepared and implemented by that date.
For this task, SCS will prepare the required SSM Plan in conformance with 40 CFR §63, Subpart
AAAA requirements. This plan will describe, in detail, procedures for operating and
maintaining the wellfield and flare during periods of startup, shutdown, and malfunction, and a
program for corrective action for malfunctioning processes.
The proposed SSM Plan will consist of a cover page, revision history so that changes to the plan
can be tracked as required by rule, an introduction, regulatory background, plans for startup,
shutdown, and malfunction, and relevant appendices. The plan will include examples of
procedures to be followed for commonly encountered events as well as the corrective actions that
should be taken during such events.
It should be noted that the initial SSM Plan does not require submittal to the EPA, State, or
County; it simply must be maintained on-site and followed.
TASK 4 — REVISION TO GREENHOUSE GAS (GHG)
MONITORING PLAN
Since a new gas system is being constructed at the Cefe Valenzuela Landfill, the landfill's
Greenhouse Gas (GHG) Monitoring Plan will require revision to account for the new flare. For
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August 2017 Related Services Proposal
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City of Corpus Christi SCS ENGINEERS
this task, SCS will revise the GHG monitoring plan to account for the new flare. This revised
plan will include the required elements from 40 CFR§98.3(g)(5).
A draft plan will be prepared for the City's review. Upon receipt of any comments, a final GHG
Monitoring Plan will be provided in both PDF and hard copy (for the site) formats. The fmal
plan will be sealed by a professional engineer registered in the State of Texas. SCS' proposed
scope for OM&M of the gas system will include the collection of the required flare data that will
be included in this plan revision.
As with the SSM Plan included in a separate task of this proposal, this revised GHG Monitoring
Plan does not require submittal to or approval of the EPA, State, or County; it simply must be
maintained on-site and followed.
3 SCHEDULE
SCS' schedule is described below by task. Routine GCCS OM&M services at Cefe will be
provided in general accordance with the schedule below:
Frequency of Service
Ongoing Startup GCCS OM&M' Post-Startup GCCS OM&M2
Weekly/Semimonthly Monthly
I Ongoing startup services commence the week after completion of initial startup services and will continue for two months. For the
first month,services will be provided for the first two weeks(i.e.,two times). For the final six weeks,services will be provided
three more times(every other week).
2 If needed,additional services will be provided as non-routine services as described below.
SCS-FS is prepared to commence the scope of services described above at Cefe beginning in
early September 2017 (two weeks after initial startup, which will consist of three consecutive
days of monitoring and be covered under SCS' current Construction Quality Assurance (CQA)
contact). Services will be provided through December 31, 2017, or until all reports for that
period are completed and submitted, or until SCS is brought under contract through the RFQ for
the required services. As noted above, this practice SEM event (Task 3) will be conducted
during the 4th quarter of 2017, after GCCS startup at Cefe, but prior to the NSPS startup date.
For Tasks 4 and 5, both the SSM Plan and the revised GHG Monitoring Plan will be completed
by the November 2017 NSPS startup date.
4 COST ESTIMATE
Routine Services (Tasks 1 through 4)
For Tasks 1 and 2, SCS proposes to perform routine GCCS OM&M and SEM services on a unit
cost basis by task for the amounts shown in the table below. Information on the procedures to be
followed for non-routine services are provided below. Tasks 3 and 4 will be performed on a
lump sum basis.
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City of Corpus Christi SCS ENGINEERS
Estimated
Task Service Service Cost per Number of
Number Site Type of Service Frequency Period Event Events Total Cost
1 A' Cefe Routine GCCS OM&M Weekly / Two Months $3,330 5 $16,650
(Ongoing Startup)' Semimonthly
1B Cefe Routine GCCS OM&M Monthly Two Months $4,280 2 $8,560
2 Cefe Practice SEM-Initial Quarterly One Month $4,625 1 $4,625
2 Cefe Practice SEM- Recheck Quarterly One Month $2,250 1 $2,250
3 Cefe Prepare SSM Plan Once N/A $3,500 N/A $3,500
4 Cefe GHG Plan Revision Once N/A $1,800 N/A $1,800
Total $37,385
I Ongoing startup services commence the week after completion of initial startup services and will continue for two months. For the first weeks,
services will be provided weekly(i.e.,two times). Then over the next six weeks services will be provided three times(every two weeks).
Procedures for Non-Routine Services
Non-routine scheduled services and non-routine unscheduled (emergency) services will be
compensated in accordance with the fee schedules (see appendices). Since determination of the
frequency of occurrence or extent of repair work that might be required is not possible at this
time, cost estimates for these services are not provided. When scheduled non-routine services
are needed, SCS-FS will provide the City with time-and-materials/not-to-exceed or fixed fee
estimates for specific corrective repairs or maintenance work. When unscheduled (emergency)
services are needed, SCS-FS will be prepared to quickly respond to requests from the City for
assistance and may not have sufficient time to provide cost estimates for services in advance. In
both cases,work would proceed subsequent to authorization from the City.
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City of Corpus Christi SCS ENGINEERS
5 ASSUMPTIONS AND CONDITIONS
In preparing this proposal SCS-FS offers the following assumptions and conditions:
1. SCS-FS will be responsible for the OM&M of the GCCS at the Cefe Valenzuela Landfill.
No expansions of the systems at the landfill have been accounted for in this proposal.
2. Routine monitoring and maintenance services will typically be provided by a one-man
crew; however, additional support may be provided for some services (e.g., surface
emissions monitoring).
3. Wellheads are in suitable condition for monitoring with a Landtec GEM 5000 or
equivalent.
4. All materials for the spare parts inventory will be provided by the City or obtained by
SCS-FS in accordance with the fee schedules provided in the appendices.
5. SCS-FS will be responsible for routine monthly operations and maintenance of the BFS
system as described above. The BFS will be monitored in conjunction with site visits for
monitoring of the wellfield. Additional separate mobilizations only for monitoring of the
BFS have not been accounted for in the cost estimate.
6. The City will provide SCS-FS with plans, reports, and manuals that might facilitate
completion of the required scope of services. If available, any drawings(e.g.,well layout
plan)will be provided as AutoCAD files.
7. All reports will be provided in standardized formats currently utilized by SCS-FS;
however,minor changes to the reports as specified by the City will be made.
8. No regularly scheduled meetings between the City and SCS-FS have been accounted for
in the scope of services; however, it is anticipated that the SCS-FS technician may meet
with City personnel when performing routine and non-routine services at the Sites.
9. SCS-FS takes no responsibility for the overall quality of the LFG collected from the
GCCS in regards to trace components.
10. SCS-FS takes no legal responsibility for any of the potential hazards associated with
condensate from the GCCS and/or its disposal. If removal and off-site disposal of
condensate is required, then it will be managed directly by others. SCS-FS may assist
with coordination and management of condensate and leachate removal operations if
requested.
11.This proposal is valid for 60 days from the date of this submittal. This proposal is
confidential and for the City's use only. If awarded the work, this proposal will become
part of a mutually acceptable contract or purchase order.
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FEE SCHEDULES (LABOR AND EQUIPMENT)
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Environmental Consultants 3900 Kilroy Airport Way 562 426-9544
and Contractors Suite 100 FAX 562 492-6210
Long Beach, CA 90806-6816 www.scsfieldservices.com
SCS FIELD SERVICES
OM&M FEE SCHEDULE
(Effective May 1, 2017 through April 30, 2018)
Technical Field Personnel Rate ($)/Hour
Laborer 54
Fusion Technician 70
Technician 75
Equipment Operator 80
Systems Specialist 80
Foreman 90
Plant Operator 90
Senior Technician 98
Superintendent 105
Mechanic 115
Controls Specialist 135
Senior Superintendent 135
Management/Support Personnel Rate ($)/Hour
Secretarial 53
Project Administrator 72
Field Data Analyst 77
Senior Project Administrator 85
Project Coordinator/Accountant 100
Designer/Drafter 110
Project Professional/H&S Specialist 125
Sr. H&S Advisor 152
Regional Field Compliance Auditor 162
Controls & Instrument Engineer 165
System Integrator 180
Product Development Manager 180
Senior Project Professional 195
Project Manager/H&S/National Compliance Manager 198
Sr. Project Manager 210
Sr. Project Advisor ..235
Regional Manager/Project Director 250
General Terms
1. Labor rates are in effect until April 30, 2018. Any work performed after that date is
subject to a new Standard Fee Schedule.
2. The above rates include salary, overhead, and profit. Other direct charges, such as
subcontractors,construction equipment, materials, air travel, freight, auto rental, permits,
fees, taxes, tolls, and other costs incurred for the project,will be billed at cost plus 15
Offices Nationwide 0
EXHIBIT"A"
I Page 15 of 22
SCS Field Services Fee Schedule
Mayl , 2017 through April 30, 2018
Page 2
percent. The cost of equipment owned by SCS Field Services will not be subject to
administrative mark-up. Automobile mileage cost is$0.54 per mile. Trucks will be
charged at$18.00/hour. (No administrative mark-up will be applied to charges for
company owned vehicles.)
3. Invoices will be prepared monthly for work in progress,unless otherwise agreed. Invoices
are due and payable upon receipt.
4. Payment of SCS Field Services invoices for services performed will not be contingent
upon the client's receipt of payment from other parties. The client agrees to pay legal
costs, including attorney's fees, incurred by SCS Field Services in collecting any amounts
past due and owing on the client's accounts.
5. For overtime work, the rates above will be increased by 50 percent in accordance with
Federal law.
6. These rates are based on non-union, non-prevailing wage scales.
EXHIBIT"A"
Page 16 of 22
•
Environmental Consultants 3900 Kilroy Airport Way 562 426-9544
and Contractors Suite 100 FAX 562 492-6210
Long Beach, CA 90806-6816 www.scsfieldservices.com
SCS FIELD SERVICES
FEE SCHEDULE FOR EQUIPMENT AND ANALYSIS
(Effective May 1, 2017 through April 30, 2018)
Rate ($)
GEM 2000/2000 NAV/5000 Gas Analyzer:
• Daily Rate 185/day
• Weekly Rate 555/week
• Monthly Rate 1,665/month
H2S Gas Pod/CO Gas Pod 10/day
SEM 500/TVA 2020/TDL 500/ Site FID Emissions Monitor:
• Daily Rate 185/day
• Weekly Rate 555/week
• Monthly Rate 1,665/month
Q Rae Gas Analyzer 02/H2S/CO/Combustibles 50/day
Micro Max Gas Analyzer 02/H2S/CO/COI Combustibles 50/day
4 Gas Meter 50/day
Magnehelic Pressure Set 20/day
Digital Readout Thermocouple 25/day
Drager Detector Tubes/Pump 15/each
Dewatering Pump (Trash Pump) 45/day
MiniRae 2000/3000 PID:
• Daily Rate 150/day
• Weekly Rate 500/week
• Monthly Rate 1,500/month
Air Sampling Station:
• Daily Rate 50/day
• Weekly Rate 200/week
Pipe Laser:
• Daily Rate 50/day
• Weekly Rate 220/week
• Monthly Rate 650/month
Water Trailer 75/day
PAS 3000 Personal Air Sampling Pump 25/day
Tedlar Bag(10-Liter) 40/each
Non-Contaminating Air Sampling Pump 25/day
Offices Nationwide 0
IEXHIBIT"A"
Page 17 of 22
SCS Field Services
Fee Schedule far Equipment and Analysis
Mayl , 2017 through April 30, 2018
Page 2
Rate ($)
Interface Probe 50/day
Submersible Pump:
• Daily Rate 50/day
• Weekly Rate 150/week
• Monthly Rate 450/month
Water Level Indicator:
• Daily Rate 20/day
• Weekly Rate 60/week
• Monthly Rate 180/month
100-Foot Temperature Probe:
• Daily Rate 15/day
• Weekly Rate 45/week
• Monthly Rate 135/month
......................Teflon Well Bailer 10/each
Vacuum Box/Carbon Canister and Blower 150/day
Tool Truck 144/day
No. 14 P.E. Fusion Machine(1"-4"):
• Daily Rate 90/day
• Weekly Rate 450/week
• Monthly Rate 1,800/month
No. 26 P.E. Fusion Machine(2"-6"):
• Daily Rate 125/day
• Weekly Rate 625/week
• Monthly Rate 2,500/month
---- -No.28 P.E. Fusion Machine(2"-8")
• Daily Rate 160/day
• Weekly Rate 800/week
• Monthly Rate 3,200/month
No. 412 P.E. Fusion Machine(4"-12"):
• Daily Rate 250/day
• Weekly Rate 1,250/week
• Monthly Rate 5,000/month
EXHIBIT"A"
Page 18 of 22
•
$CS Field Services
Fee Schedule for Equipment and Analysis
Moyl , 2017 through April 30, 2018
Page 3
Rate ($)
No. 618 P.E. Fusion Machine (6"-18"):
• Daily Rate 450/day
• Weekly Rate 2,250/week
• Monthly Rate 9,000/month
No. 824 P.E. Fusion Machine(8"-24"):
• Daily Rate 800/day
• Weekly Rate 4,000/week
• Monthly Rate 16,000/month
Trackstar 500 Fusion Machine
• Daily Rate 425/day
• Weekly Rate 1,500/week
• Monthly Rate 4,050/month
Sidewinder Fusion Machine 100/day
Electrofusion Processor Machine:
• Daily Rate 150/day
• Weekly Rate 750/week
• Monthly Rate 3,000/month
Leister Extrusion Welding Gun 120/day
Air Compressor 60/day
Arc Welder 75/day
Generator(3,500-Watt) 45/day
Generator(5,000-Watt) 60/day
Generator(6,000-Watt):
• Daily Rate 65/day
Generator(8,000 Watt):
• Daily Rate 75/day
• Weekly Rate 225/week
Isolation Pinch-off Tools:
• Daily Rate 25/day
• Weekly Rate 75/week
• Monthly Rate 225/month
Plate Compactor 75/day
Rammer/Jumping Jack Compactor 75/day
EXHIBIT"A"
Page 19 of 22
•
SCS Field Services
Fee Schedule for Equipment and Analysis
Mayl , 2017 through April 30, 2018
Page 4
Rale ($)
4-Wheeler(ATV):
• Daily Rate 50/day
• Weekly Rate 150/week
• Monthly Rate 450/month
4-Wheeler with 44" Mow Deck:
• Daily Rate 100/day
• Weekly Rate 300/week
• Monthly Rate 900/month
Riding Mower:
• Daily Rate 175/day
• Weekly Rate 525/week
• Monthly Rate 1,575/month
Chain Saw:
• Daily Rate 10/day
• Weekly Rate 30/week
• Monthly Rate 90/month
Horiba Water Quality Meter:
• Daily Rate 40/day
• Weekly Rate 120/week
• Monthly Rate 360/month
Hydrogen Sulfide Meter:
• Daily Rate 100/day
• Weekly Rate 300/week
• Monthly Rate 900month
Infrared Thermometer:
• Daily Rate 10/day
• Weekly Rate 30/week
• Monthly Rate 90/month
Micropurge Flow Cell (Groundwater):
• Daily Rate 100/day
• Weekly Rate 300/week
• Monthly Rate 900/month
EXHIBIT"A"
Page 20 of 22
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SCS Field Services
Fee Schedule for Equipment and Analysis
Mayl , 2017 through April 30, 2018
Poge 5
Rate($)
Oiless Compressor and Control Box(Groundwater):
• Daily Rate 75/day
• Weekly Rate 225/week
• Monthly Rate 675/month
Earth/Resistance Tester:
• Daily Rate 100/day
• Weekly Rate 300/week
• Monthly Rate 900/month
Pitot Tube and Gauges:
• Daily Rate 10/day
• Weekly Rate 30/week
• Monthly Rate 90/month
Pressure Washer:
• Daily Rate 50/day
• Weekly Rate 150/week
• Monthly Rate 300month
Turbidity Meter/Conductivity Meter:
• Daily Rate 25/day
• Weekly Rate 75/week
• Monthly Rate 225/month
Vacuum Air Pump:
• Daily Rate 100/day
• Weekly Rate 300/week
• Monthly Rate 900/month
Downhole Video Camera System 200/day
Weed Trimmer:
• Daily Rate 25/day
• Weekly Rate 75/week
• Monthly Rate 225/month
EXHIBIT"A"
Page 21 of 22
•
•
SCS Field Services
Fee Schedule for Equipment and Analysis
Mayl , 2017 through April 30, 2018
Page 6
Rafe ($)
Safety Equipment:
• Tyvek Suit(each) 15/each
• Polyethylene suit(each) 20/each
• Nitrile gloves (per pair) 15/each
• PVC Gloves (per pair) I5/each
• Rubber booties(per pair) 15/each
• Organic Vapor Cartridges (per pair) 20/each
• Organic Vapor/Acid Cartridges(per pair) 25/each
• Cartridges pre-filters(per pair) I5/each
• Half face respirator(each) 20/day
• Full face respirator (each) 25/day
• Ventilator/manhole blowers 25/day
• Parachute harness 10/day
• Tripod:
- Daily Rate 35/day
- Weekly Rate 105/week
- Monthly Rate 315/month
• SCBA 55/day
General Terms
I. Rates are in effect until April 30, 2018. Any work performed after that date will be subject
to a new Schedule of Fees.
2. Equipment usage rates are exclusive of freight charges to and from the project site. Freight
is an additional expense chargeable to the client.
3. Shipping, supplies, equipment rental,materials, vehicle mileage,and other non-labor
equipment costs or direct costs are billed at cost plus 15 percent.
4. Equipment rented will be charged portal-to-portal from SCS Field Services offices. Renter
is responsible for return charges.
5. The cost of equipment owned by SCS Field Services will not be subject to administrative
mark-up.
EXHIBIT"A" J
Page 22 of 22
•
•
•
EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
Sample form for
COMPLETE PROJECT NAME Payment Request
RBNuo 0]2]I00
Project No.A%X%
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 1500 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 $1250 $8,250 $750 $1500 $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 1527 1,627 0 0 0 0%
Platting Survey TED TBD TBD TBD TBD TBD TED_ 0%
08 M Manuals TBD TBD TBD TBD TBD TED TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1000 $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 $5000 $2,120 $2,877 $12,887 $1,250 $1,500 $3,000 23%
Contract for Professional Services
Exhibit B
EXHIBIT C
Insurance Requirements
Contract for Professional Services
Exhibit C
EXHIBIT C
Insurance Requirements
Onsite Outdoor Services
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI)with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured on the General
liability and Auto Liability policies, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and
or number must be listed in Description Box of COI.
I TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises— Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must be
prior to inception of agreement, have
EXHIBIT"C"
Page 1 of 3
extended reporting period provisions
and identify any limitations regarding
who is insured.
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultants sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 In the event of a change in insurance coverage, Consultant shall be required to
submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 business days of said change. Consultant shall pay any costs resulting
from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of,the named
insured performed under contract with the City with the exception of the
professional liability/Errors & Omissions policy;
1.6.2 Provide for an endorsement that the"other insurance"clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown
on the policy;
1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of
such cancellation will be provided at least 30 days in advance of the
cancellation effective date to the certificate holder;
1.6.4 If the policy is cancelled for nonpayment of premium, notice of such
cancellation will be provided within 10 days of the cancellation effective
date to the certificate holder.
EXHIBIT"C"
Page 2 of 3
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall notify City of such lapse in coverage and provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have
the option to suspend Consultant's performance should there be a lapse in coverage at
any time during this contract. Failure to provide and to maintain the required insurance
shall constitute a material breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to withhold any payment(s) if any, which
become due to Consultant hereunder until Consultant demonstrates compliance with the
requirements hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor's performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of Corpus
Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
EXHIBIT"C"
Page 3 of 3