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HomeMy WebLinkAboutContract 26164 CITY SECRETARY "7 CONTRACT NO. 7 CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES SOUTHEAST LANDFILL This contract is made by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City," and Freese and Nichols, Inc., a corporation, hereinafter called "Engineer," both parties acting herein by and through their duly authorized representatives. SECTION 1: SCOPE OF SERVICES Engineer agrees to perform in accordance with professional standards customarily obtained for such services in the State of Texas in connection with the following described project: Obtain a Title V General Operating Air Permit in accordance with emissions guidelines established by the Texas Natural Resource Conservation Commission and a Class I Permit Modification by increasing the final grades over the landfill in conjunction with drainage improvements to the cover as more specifically described in the letter of proposal dated June 22, 2000, marked Attachment"A," attached hereto and incorporated herein. SECTION 2: COMPENSATION PAYMENT SCHEDULE A. Engineer shall be compensated for its services on the basis of time directly chargeable to the project by the various types of individuals and for the hourly rates as listed in Attachment "B" (Schedule of Charges) to this Contract. Laboratory testing, field testing and general expenses shall also be compensated on the basis outlines in Attachment "B". Engineer will be paid monthly based on statements submitted to the City for work accomplished during the preceding month, subject to certification by the Director of the City Services department, or authorized representative, that such work has been performed. B. The maximum amount to be paid to Engineer for all services performed under this Contract, as described in Attachment "A", shall not exceed $76,104 for the entire scope of the work required. C. It is understood that this Contract contemplates engineering services for this project as outlined in Section 1, "Scope of Services" for the fee described in Section 2(B) above. Nothing contained herein shall be construed as authorizing any additional fees for services. D. Attachments "A" and "B"to this Contract are incorporated as if set out in full herein. SECTION 3: TERM: PROJECT SCHEDULE Engineer shall complete the services prescribed herein accordance with the project schedule set QXACNAA t N CO Gym �N�,E 6—e—El'RAkV eQf1,1yH YOK forth in Attachment "A" in order to achieve compliance with TNRCC and EPA regulations regarding a Title V Air Permit and a Class I permit modification. SECTION 4: TERMINATION A. City may terminate this Contract at any time and for any cause by notice in writing to Engineer. Upon the receipt of such notice, Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City terminates this Contract under this Section 4(A), the City shall pay Engineer for services performed in accordance herewith prior to such termination, less such payments as have been previously made. B. In the event that insufficient funds are appropriated and budgeted by City in any fiscal period for any payments due hereunder, City will notify Engineer of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were made without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated and budgeted. C. Upon termination of this Contract for any reason, Engineer shall provide the City with reproducible copies of all completed or partially completed engineering documents prepared under this Contract. SECTION 5: INDEMNIFICATION A. APPROVAL BY THE CITY OF DOCUMENTS PREPARED OR CAUSED TO BE PREPARED BY ENGINEER SHALL NOT CONSTITUTE OR BE DEEMED TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES AND SUBCONTRACTORS FOR THE ACCURACY AND COMPETENCY OF THE SERVICES PERFORMED UNDER THIS CONTRACT, NOR SHALL SUCH APPROVAL BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY AND LIABILITY BY THE CITY FOR ANY NEGLIGENT ACT, ERROR OR OMISSION IN THE PREPARATION OF SUCH DOCUMENTS OR THE PERFORMANCE OF THE SERVICES UNDER THIS CONTRACT. B. ENGINEER SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS, OR EMPLOYEES OF ENGINEER OR SUBCONTRACTORS, OR ANY OTHER PERSON PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS, WHICH MAY AF.ISE OUT OF ANY Ecol& 2 c � ('-TP)E uff NEGLIGENT ACT, ERROR OR OMISSION IN THE PERFORMANCE OF ENGINEER'S PROFESSIONAL SERVICES, IN THE LOCATION OF SUBSURFACE INVESTIGATION, OR THE CONDUCT OR PREPARATIONS OF SURVEYS, DESIGNS, WORKING DRAWINGS, SPECIFICATIONS AND OTHER ENGINEERING DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH. ENGINEER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OR ANY OF THEM ON ACCOUNT THEREOF RESULTING FROM NEGLIGENT ACT, ERROR OR OMISSION; AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM NEGLIGENT ACT, ERROR OR OMISSION; PROVIDED, HOWEVER, THAT THIS INDEMNIFICATION PROVISION SHALL NOT BE CONSTRUED AS REQUIRING THE ENGINEER TO INDEMNIFY OR HOLD THE CITY OR ANY OF ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO PROPERTY OR INJURIES TO PERSONS CAUSED BY DEFECTS OR DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED ENGINEER BY CITY, OR ANY DEVIATION IN CONSTRUCTION FROM ENGINEER'S DESIGNS, WORKING DRAWINGS, SPECIFICATIONS OR OTHER ENGINEERING DOCUMENTS. SECTION 6: INSURANCE A. Engineer shall not commence work under this contract until it has obtained all insurance required under this Section and such insurance has been approved by the City, nor shall Engineer allow any subcontractors to commence work on its subcontract until all similar insurance of subcontractor has been so obtained and approval given by the City. B. WORKERS' COMPENSATION INSURANCE. Engineer shall take out and maintain Workers' Compensation Insurance for all its employees performing any of the services hereunder and, in case any work is sublet, Engineer shall require the subcontractor similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by Engineer's insurance. In case any class of employee who engages in hazardous work under this contract is not protected under the Workers' Compensation Statute, Engineer shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of employees not otherwise protected. C. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. Engineer shall maintain such Public Liability and Property Damage Insurance as shall protect Engineer and any subcontractor performing work covered by this Contract from claims for personal injuries, including death, as well as from claims for property damages or losses which may arise from operations under this Contract, including blasting, when blasting is UJ FP,Y)@ 3 (���U�cr�< PEREP done on or in connection with the work of the project, whether such operations by Engineer or by any subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: 1) PUBLIC LIABILITY INSURANCE. In an amount no less than Two Hundred Fifty Thousand Dollars ($250,000), for injuries, including accidental death, to any one person; and subject to the same limit for each person, in an amount not less than Five Hundred Thousand Dollars ($500,000), on account of one accident; 2) PROPERTY DAMAGE INSURANCE. In an amount not less than Five Hundred thousand Dollars ($500,000); 3) UMBRELLA POLICY. In an amount not less than Two Million Dollars ($2,000,000); 4) PROFESSIONAL LIABILITY. In an amount not less than Three Million Dollars ($3,000,000); and 5) AUTOMOBILE POLICY. In an amount not less than a combined single limit of One Million Dollars ($1,000,000). D. PROOF OF INSURANCE COVERAGE. Engineer shall provide, if requested by the City, a certificate of insurance as proof that it has obtained the insurance amounts required herein for the duration of this Contract. Engineer's insurance policy shall provide that the insurer shall give the City thirty (30) days prior written notice before altering, modifying or terminating the insurance coverage. SECTION 7: INDEPENDENT CONTRACTOR Engineer shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Engineer shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Engineer, its officers, agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the Engineer. SECTION 8: DISCLOSURE OF CONFLICTS Engineer warrants to the City of Fort Worth that it has made full disclosure in writing of any existing or potential conflicts of interest, including without limitation any personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. Engineer further warrants that it will make prompt disclosure in writing of any conflicts of interest, which develop subsequent to the signing of this Contract. GO G EC's'UE)DD C�7V EE�X�P)-7 K121) Abp U! ��,o SECTION 9: RIGHT TO AUDIT Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Engineer involving transactions relating to this Contract. Engineer agrees that the City shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Engineer reasonable advance notice of intended audits. Engineer further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subagreement, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subagreement, and further, City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. SECTION 10: PROHIBITION OF ASSIGNMENT Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION 11: M/WBE GOALS; NONDISCRIMINATION A. Engineer acknowledges its commitment to meet the City of Fort Worth's goals for minority/women business enterprise (M/WBE) participation in City Contracts, as specified in its proposal. M/WBE participation was part of the evaluation criteria used in the award of this Contract, therefore, failure to comply may result in a firm being classified as an irresponsible consultant and being barred from City work for a period of not less than six months. Engineer agrees to furnish documentation of M/WBE participation such as canceled checks, etc., or such evidence as bay be deemed proper by the City of Fort Worth. The contractor's commitment to the City M/WBE goal is as contained in the letter of proposal dated June 22, 2000. B. As a condition of this Contract, Engineer covenants that it will take all necessary actions to ensure that in connection with any work under this Contract, Engineer, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other agreements. U FV C 0 A L G)E GJQD Cir �E'"C'V12 VA P7 5 C. Notwithstanding anything herein to the contrary, it is agreed that Engineer has received a waiver of the M/WBE requirements with regard to the services performed under this Contract. SECTION 12: CHOICE OF LAW; VENUE A. This Contract shall be construed in accordance with the internal law of the State of Texas. B. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Contract, venue for said action shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN TTNTESS HEREO , the parties hereto have executed this Contract and Agreement this day of Y , 2000, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH FREESE AND NICHOLS, INC. Assistant City Manager TITLE: �. �c-c �(�-� �,C.r�•-�}- DATE: rf APPROVED AS TO FORM AND ATTEST: LEGALITY David Yett, City Attorney ByL� Assi t City Attorney City S�ca ��-�p(� Contract Authorization Y-- 22 Date cu e1� A C E N T U R Y O F S E R V I C E ATTACHMENT "A" FREESE•NICHOLS June 22, 2000 Ron Stults Assistant Director of City Services City of Fort Worth Solid Waste Management 4100 Columbus Trail Fort Worth, TX 76133 Re: Southeast Landfill Permit 218A, Proposed Height Increase and Drainage Improvements Title V General Operating Permit and Tier 11 Testing at the Landfill Dear Mr. Stults: In response to your request we are pleased to present this proposed scope and budget for the preparation of a Class I Permit Modification in accordance with 30 TAC 305.70(g)(23)to increase the final grades over the landfill in conjunction with drainage improvements to the cover. This modification to the final grades will incorporate drainage improvements that will minimize long term cover maintenance. Permit documents will be updated that reflect final contours and drainage improvements. Scope of Services - Height Increase/Drainage Improvements We have reviewed the existing permit documents and propose the following scope of services for this project: 1. Preparation of New Permit Documents that reflect the proposed final contours including: • Attachment 9 -Landfill Completion Plan • Attachment 8 - Final cover Drainage Plan • Attachment 7 - Landfill Cross Sections • Attachment 8 - Drainage Details • Drainage Calculations • Revisions to Permit Text 2. Modify final cover by increasing the height to accommodate changes to the drainage Freese and Nichols, Inc. Engineers Environmental Scientists Arch ite ilVV ICI§',p� 4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895 817J Fax 817-735-7491 f�.,1. Mr. Ron Stults June 22, 2000 Page 2 3. Provide drainage downspouts within the final cover that will control the runoff from the final cover and provide protection to the levees from erosion. 4. Perform Aerial Survey of the site to update existing conditions and serve as the base map for the final contours. 5. Coordinate the submittal and review of the permit modification with the TNRCC staff through approval. In addition to the final cover changes Freese and Nichols, Inc. has prepared a proposed scope of work for submittal of Title V General Operating Permit and characterization of Tier 2 landfill gas emissions at the Southeast Sanitary Landfill. As we have discussed, the Texas Natural Resource Conservation Commission (TNRCC) requires retesting of non-methane organic compounds(NMOC)and volatile organic compounds(VOCs)on a five year frequency. The last NMOC testing was completed with report submittal to the TNRCC in July 1995. Freese and Nichols proposes to provide the City of Fort Worth with the following professional services in meeting this regulatory requirement. Scope of Services - Landfill Gas Emissions Prepare and submit the required application forms and supporting documentation to obtain a Title V Air Permit for the southeast sanitary landfill in accordance with Emissions Guidelines established by TNRCC. Tier 2 Landfill Gas Emissions 6. Advance a landfill gas probe at 50 locations in Fill Sector Areas 1,2,and 3 to collect landfill gas samples. Samples will be collected by advancing a retractable gas probe to approximate depths of 8 feet, or through landfill cover soils, to collect landfill gas samples. Gas probe holes will be plugged with granular bentonite upon completion. 7. Collect 50 landfill gas samples in suma canisters for transport to GD Air Testing, Inc. for laboratory testing. 8. Measure field methane levels at probe sample locations with a Landtec 90 methane monitor. uFFf CSAL E"I'EC_0G'D Mr. Ron Stults June 22, 2000 Page 3 9. Provide laboratory testing ofNMOCs and VOCs with the EPA Method TO-18 for 50 landfill gas samples. 10. Evaluate landfill gas test results for Tier 2 Emission Model input. 11. Run the Tier 2 Emission Model for landfill gas emission with current data. 12. Prepare a Tier II Emission Report with current gas data and model results for submittal to the TNRCC DBE Participation: GD Air Testing is a certified DBE firm. This represents approximately 25% of the fee for this project. Additional Services: An additional services budget has been added to provide mechanism to perform work outside the scope of this project. This could include operational changes to the permit or other minor modifications or other activities related to the landfill. Budget: Breakdowns of hours and expenses are included with this letter. If this is acceptable to you we will execute a professional services agreement at your convenience. If you have any questions, please call. Sincerely, ::�� Jeff ington, E. [OFF00040]T:U.ET\STULTS600.WPD �';t; ii ? ATTACHMENT B COMPENSATION Compensation to Freese and Nichols shall be based on the following Schedule of Charges. A. Schedule of Charaes: POSITION MIN MAX PRINICIPAL 173.71 224.87 SENIOR CONSULTANT 87.65 255.66 MANAGER-LOCAL OFFICE 138.82 176.76 GROUP MANAGER 140.95 185.65 SR DISCIPLINE LEADER 174.88 198.37 DISCIPLINE LEADER 108.96 170.78 PROGRAM MANAGER 98.96 123.70 ENGINEER VI 103.32 173.12 ENGINEER V 106.56 133.20 ENGINEER IV 92.82 110.42 ENGINEER INTERN III 76.72 110.14 ENGINEER INTERN II 70.54 81.33 ENGINEER INTERN 1 64.59 81.27 ELECTRICAL ENGINEER V 92.22 121.04 ELECTRICAL ENGINEER IV 87.56 115.14 ELECTRICAL ENGINEER 1 77.40 81.74 MECHANICAL ENGINEER VI 106.57 139.88 MECHANICAL ENGINEER INTERN III 69.66 91.45 RESIDENT ENGINEER 108.82 142.83 SENIOR RESIDENT REPRESENTATIVE 94.38 149.94 CONSTRUCTION PHASE PROJECT MANAGER 77.32 108.76 SPECIALTY OBSERVER 75.40 98.97 DESIGNER 11 89.39 114.76 DESIGNER 1 74.51 99.45 SENIOR ENGINEERING TECHNICIAN 77.13 101.23 ENGINEERING TECHNICIAN 69,28 89.61 TECHNICIAN II 57.12 76.63 TECHNICIAN 1 55.09 71.22 DRAFTER 44.63 62.15 SR ESTIMATOR/SCHEDULER 74.96 98.39 ESTIMATOR/SCHEDULER 59.98 74.97 DOCUMENT CONTROL CLERK 44.76 55.95 ENVIRONMENTAL SCIENTIST V 74.97 93.71 ENVIRONMENTAL SCIENTIST IV 80.15 100.19 ENVIRONMENTAL SCIENTIST III 66.29 83.24 ENVIRONMENTAL SCIENTIST II 54.59 66.26 ENVIRONMENTAL SCIENTIST 1 48.72 54.45 SENIOR ARCHITECT 119.10 148.88 ARCHITECT V 106.56 124.28 ARCHITECT IV 75.12 93.90 ARCHITECT III 84.39 105.46 ARCHITECT II 56.46 70.57 ARCHITECT 1 63.36 68.12 HYDROLOGIST IV 88.66 96.82 GEOTECHNICAL ENGINEER VI 108.26 135.32 SENIOR GEOLOGIST 89.96 112.46 HYDROGEOLOGIST V 67.09 108.86 WORD PROCESSING/SECRETARIAL 44.56 52.85 OPERATIONS ANALYST 67.78 96.89 CONTRACT ADMINISTRATOR 63.57 79.46 INFORMATION SERVICES CLERK 32.70 49.56 CO-OP 21.42 52.46 The mages and individual salaries will be adjusted annually. RATES FOR INHOUSE SERVICES Computer and CAD Calcomp Plotter PC CAD Stations $10.00 per hour Bond $2.00 per plot PC Stations $8.00 per hour Color $3.50 per plot VAX Computer $20.00 per hour Vellum $4.00 per plot Mylar $10.00 per plot Print Shop Bluelines $0.08 per square foot Offset and Xerox Copies $0.07 per single side copy Offset and Xerox Copies $0.14 per double side copy GBC Binding(Reg.Cover) $2.00 per book GBC Binding(Emboss.Cover) $4.00 per book Tape Binding(Reg.Cover) $1.75 per book Tape Binding(Emboss.Cover) $3.75 per book r Testl ty Apparatus us per ��I^rj���nl/ Density Meter $350.00 r month �- 'd�by/'CCC))) � ^! Gas Detection $10.00 per test N '= U OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense,communication expense,travel,transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work including costs of laboratory analysis,tests,and other work required to be done by independent persons other than staff members. FNI cpm:A 03-31-00 B-1 OWNER ATTACHMENT "9" CITY OF FORT WORTH HEIGHT INCREASE AND DRAINAGE IMPROVEMENTS LANDFILL EMISSIONS TESTING BUDGET SUMMARY WORK ITEM BUDGET Emissions/Tier II $38,214 Permit Mod - Height $31,890 Increase Additional Services $6,000 Total $76,104 c-ff it u Sheet1 CITY OF FORT WORTH SOUTHEAST SANITARY LANDFILL PERMIT MODIFICATIONS -HEIGHT INCREASE, DRAINAGE IMPROVEMENTS ftwmod.xls Position Hours,: Unit.Cost ,;Total.Cost Task 1 Redesign Final Cover with Disc. Leader 40 $ 110.00 $ 4,400.00 Drainage Improvements and Increase in Project Engineer 48 $ 90.00 $ 4,320.00 Height Technician 48 $ 70.00 $ 3,360.00 Subtotal 136 ;V; 12;080,00 Task 2-Drainage Calculations and Disc. Leader 16 $ 110.00 $ 1,760.00 Details Project Engineer 40 $ 90.00 $ 3,600.00 Technician 32 $ 70.00 $ 2,240.00 Subtotal ..88 s . .7 6Q0'0Q Task 3- TNRCC Coordination/Response Disc. Leader 16 $ 110.00 $ 1,760.00 Project Engineer 24 $ 90.00 $ 2,160.00 Technician 12 $ 70.00 $ 840.00 Subtotal = 52 4,MOO Lab - Subtotal ,,$,'w-24j440.00 Expenses Computer $ 200.00 CADD $ 500.00 Travel $ 100.00 Printing $ 100.00 General (phone, fax, postage, etc.) $ 50.00 Subtotal _ .a w 9vQtIQ Aerial Survey $ 5,000.00 Ground Survey $ 1,500.00 Total9 31890 Q0 G MVGG� ' Pagel 0088000 000 o a Q w 0 N N C O 0 CD a f0 O N W O r r O � N f0 N M v_ Cl) N�- M A V 0. '- M O f0 Ln M N N '- N V K E 000 613. a UH tm cONvvcoNv a moo v C N N N O LL a O a > v -Ir g0 `- o 'm 0. 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To: Ron Stults (underline appropriate one) Project Manager Buyer Department Director From: Sundra Davis 6104 M/WBE Office Staff Extension Date: Auqust 4, 2000 In the Amount of$ 76,104.00 DOE/Project_No.(s) Project/Bid: Southeast Landfill Title V Air Permit and Operating Permit Modification 1. Compliance with the City's M/WBE Ordinance has been achieved by one of the following methods: a) is in compliance with the City's M/WBE Ordinance by committing to % M/WBE participation. The City's goal on this project is %. b) is in compliance with the City's M/WBE Ordinance by committing to % M/WBE participation and documenting good faith effort. The City's goal on this project is %. c) Freese & Nichols, Inc. is in compliance with the City's M/WBE Ordinance by achieving 25% M/WBE Participation. d) is in compliance with the City's M/WBE Ordinance by submission of the prime contractor waiver form. The City's goal on this project is %. 2. The apparent low dollar bidder(s)did not comply with the City's M/WBE Ordinance because: Rev. 05/11/99 05 f FFA C" G�EI�PDD City of Fort Worth, Texas 4Vajjor And lZouncil Communication DATE REFERENCE NUMBER LOG NAME TPAGE 8/22/00 **C-18193 21AIR-PERMIT 1 of 2 SUBJECT CONTRACT WITH FREESE & NICHOLS, INC. FOR SOUTHEAST LANDFILL TITLE V AIR PERMIT AND OPERATING PERMIT MODIFICATION RECOMMENDATION: It is recommended that the City Council authorize a contract with Freese & Nichols, Inc. to obtain a Title V Air Permit and a Permit Modification from the Texas Natural Resource Conservation Commission (TNRCC)for the City's southeast landfill, at a cost not to exceed $76,104. DISCUSSION: The City is required to obtain a Title V Air Permit for the southeast sanitary landfill in accordance with emissions guidelines established by the TNRCC. In order to accomplish this task, the City is required to have Tier 2 landfill gas emission testing performed at the landfill. If approved to conduct the tests, Freese & Nichols, Inc. would perform the following tasks: • Advance a landfill gas probe at 50 locations; and • Collect 50 gas samples for laboratory testing; and • Measure field methane levels at probe sample locations; and • Provide laboratory testing of NMOCs (non-methane organic compounds)/VOCs (volatile organic compounds) with the Environmental Protection Agency method TO-18 (testing procedure); and • Evaluate landfill gas test results for Tier 2 Emission Model input; and • Run the Tier 2 Emission Model for landfill gas emission with current data; and • Prepare a Tier 2 Emission Report with current gas data and model results for submittal to the TNRCC. Freese & Nichols, Inc. is recommended to perform the testing because it is the City's engineer of record with the TNRCC and has completed all previous engineering work at the landfill, including previous air emission testing. The firm has all previous data and has successfully guided the City through this process in the past. Additionally, the services of Freese & Nichols, Inc. may be required for an operating permit modification. The City is about to complete the "fill area" of the existing disposal cell at the landfill. Consequently, the City will have to develop a new cell and meet more stringent regulations relevant to the cell liner, leachate recovery and methane gas extraction systems. The development of this next cell could cost as much as two million dollars. However, there is a possibility that the City could acquire a permit modification to the existing TNRCC approved Site Operating Plan. The modification would allow the City to continue using the existing cell by raising the final elevation a few feet. This modification would give the City at least an additional five years of capacity in the existing cell, and thus the City could avoid the cost of new cell development at this time. As Freese & Nichols, Inc. developed the City's original landfill permit and completed all subsequent amendments and modifications to that original permit, it is in the City's best interest for Freese & Nichols, Inc. to continue representing it at the landfill. 9 p City of Fort Worth, Texas "near And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/22/00 **C-18193 21AIR-PERMIT 2 of 2 SUBJECT CONTRACT WITH FREESE & NICHOLS, INC. FOR SOUTHEAST LANDFILL TITLE V AIR PERMIT AND OPERATING PERMIT MODIFICATION Freese & Nichols, Inc. is in compliance with the City's MNVBE Ordinance by achieving 25% M/WBE participation in this project, FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Solid Waste Fund. CB:I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: AUG 22 2000 Tom Davis 6300 (from) PE64 531200 0211004 $76,104.00 ( r�•�*aJ Additional Information Contact: city Secretary of the City of Fort Worth,Teras Tom Davis 6300