HomeMy WebLinkAboutPR 20142: GROUND WATER MONITORING CONTRACT City of
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INTEROFFICE MEMORANDUM
Date: March 13, 2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Armando Gutierrez, Jr., Director of Public Works
RE: P. R. 20142
Introduction:
Authorize the execution of an agreement with SCS Engineers of Bedford, Texas for
groundwater monitoring in the amount of$86,425.
Background:
Texas Commission on Environmental Quality (TCEQ)requires that the groundwater must be
monitored at the City's Landfill. TCEQ rules require that a registered geologist and
environmental engineer perform the service. SCS Engineers has handled the groundwater
monitoring as well as other environmental tasks at the Landfill for several years and is very
familiar with the Landfill operation and the unique challenges with the groundwater under the
site.
Budget Impact:
Funds are available in the Public Works Landfill Division—Professional Services account no.
403-1274-533.54-00.
Recommendation:
It is recommended that City Council authorize the City Manager to approve P. R. 20142 as
discussed and/or outline above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
I
P. R.20142
2/23/18 aw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A TWO YEAR AGREEMENT WITH SCS ENGINEERS OF BEDFORD,
TEXAS FOR GROUNDWATER MONITORING AT THE CITY
LANDFILL FOR A TOTAL COST OF $86,425. FUNDS ARE
AVAILABLE IN PUBLIC WORKS DEPARTMENT LANDFILL
DIVISION — PROFESSIONAL SERVICES ACCOUNT NUMBER, 403-
1274-533.54-00.
WHEREAS, the City is required to monitor the groundwater at the Landfill according to
Texas Commission on Environmental Quality (TCEQ); and,
WHEREAS, a registered geologist and environmental engineer are required to perform
this task; and,
WHEREAS, this procurement for professional services is authorized pursuant to Section
252.022(4) of the Local Government Code; and
WHEREAS, SCS Engineers of Bedford, Texas can perform this service for a total price
not to exceed $86,425 billed according to Exhibit"A"; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT,the facts and opinions in the preamble are true and correct.
THAT,the City Manager is hereby authorized to execute a two year agreement with SCS
Engineers of Bedford, Texas for groundwater monitoring for a total price not to exceed $86,425,
as delineated in Exhibit"A"; and,
THAT, funding is available in Public Works Landfill Professional Services Account no.
403-1274-533.54-00; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R.20142
2/23/18 aw
READ, ADOPTED,AND APPROVED this the day of . A.D. 2018 at
a meeting of the City of Port Arthur. Texas by the following vote:
AYES: Mayor:
Councilmembers:
Noes:
Mayor
ATTEST: APP OVED S TO FORM:
Tia
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABLITY
OF FU S:
11
Mme 6 'V
Harvey Robinson Andrew Vasquez
Acting City Manager Director of Finance
Armando Gutierrez, Jr., P. E. Clift. Williams
Public Works Director Purchasing Manager
P.R.20142
2/23/18 aw
Exhibit "A"
i
Solid Waste Management Consultants Dallas / Fort Worth Office 817-571-2288 Main
Offices Nationwide 1901 Central Drive 800-579-6671
Suite 550 817-571-2188 FAX
Bedford,Texas 76021
SCS ENGINEERS
January 8, 2018
SCS Proposal No. 160225216
Mr. Armando Gutierrez, Jr., PE, CFM
Director of Public Works
City of Port Arthur
444 4th Street
Port Arthur, TX 77640
Subject: Proposal to Continue Groundwater and Methane Monitoring and Related
Services for the City of Port Arthur Landfill
Dear Mr. Gutierrez:
In response to the City's recent request, SCS Engineers (SCS) is pleased to present this proposal
for continuing to provide groundwater and gas monitoring services for the City of Port Arthur
Landfill (Landfill). SCS has appreciated the opportunity to provide monitoring services thus far,
and we look forward to continuing to provide these important services for the City.
Background—SCS Experience. SCS has continuously provided cost-effective environmental
monitoring services for the City of Port Arthur Landfill since 2004. In that time period, we have
assisted the City in maintaining a record of compliance with TCEQ's monitoring rules, including
addressing various considerations that have avoided costly assessment monitoring. Also, our
team's various projects at the City's landfill (permitting, design, landfill gas management, and
construction quality assurance) enable our team to fully understand the inter-relationship of
environmental issues that may impact groundwater, such as landfill gas and fluctuations in
groundwater levels.
SCS is a highly qualified national provider of a full range of solid waste services. In the last ten
years,the Engineering News Record has ranked SCS as the number one or two consulting firm in
the United States providing solid waste services numerous times.
Expertise of Project Team. We will continue to use the same project team for the City's
groundwater and gas monitoring project. Jim Lawrence, P.G., will serve as the project manager;
Kevin Yard, P.E., engineer-of-record for the landfill expansion project and various other projects
at the landfill,will provide technical support,as needed. Other support staff includes SCS' trained
field technicians and other geologists and engineers. Our project team will continue to work
closely with the City in managing your groundwater and gas monitoring program. Further details
on our project team are included in Section 3.0. Upon request, we would be pleased to provide
you with more information on the expertise and experience on SCS and our project team.
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Credibility with TCEQ. By providing groundwater and gas monitoring services to approximately
20 landfills in Texas for many years, we have maintained an up-to-date awareness of the
continuously evolving policies and regulations of the TCEQ in this rapidly changing technological
area. Through our active involvement in a broad variety of solid waste projects, we remain up-to-
date and knowledgeable regarding the state's regulatory processes. In particular, we meet
regularly with TCEQ, and maintain numerous beneficial contacts within several levels of the
TCEQ Solid Waste Permitting Group. We have been requested by the TCEQ to serve on various
stakeholder committees. In representing our clients and striving to improve the solid waste
regulatory programs, we have provided commentary to various regulatory programs, including
changes to the TCEQ's groundwater monitoring regulations.
Ability to Achieve Timely Completion of All Tasks. SCS employs more than 800 individuals in
over 50 offices nationwide, including three offices in Texas. SCS is an employee-owned firm
specializing in solid waste management. Our employee ownership is a key ingredient to our
commitment to client service. SCS has built a reputation of client service in Texas by providing
on-time services of the highest quality at landfills and other solid waste facilities throughout Texas
for over ten years.
We appreciate the opportunity to contribute to the continued success of the City's Landfill. Given
our familiarity with the City's groundwater program, our understanding of how the groundwater
and gas programs inter-relate with various other aspects of the Landfill, and our commitment to
the further success of the City's solid waste program, SCS is well-positioned to continue to provide
groundwater and gas monitoring services for the City. We look forward to discussing this with
you at your convenience and to continue our relationship with the City of Port Arthur.
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January 8,2018
Mr.Armando Gutierrez,Jr., PE, CFM
Page 3
1 .0 PROJECT BACKGROUND
The pre-Subchapter J groundwater monitoring system was certified in April, 1996 with eight wells.
Consistent with the solid waste Subchapter J rules adopted in 2006, nine additional groundwater
monitoring wells have been installed, and two existing wells were approved for plugging. All
wells are now in semiannual monitoring. In summary, the current system consists of 15 wells.
Table 1 shows the groundwater monitoring system details.
Table 1. Monitoring Well Information
Well Name Completion Status Depth. tcet
Date
MW-1 (U) October 9, 1987 Detection 30.5
MW-4 (D) October 12, 1987 Detection 27.6
MW-5 (D) October 9, 1987 Detection 27.5
MW-6 (D) October 9, 1987 Detection 30.3
MW-7 (D) March 15, 1996 Detection 22.8
MW-8 (D) March 15, 1996 Detection 25.9
MW-18(D) June 9,2009 Detection 24.0
MW-19(D) June 9,2009 Detection 23.5
MW-20(D) June 9,2009 Detection 24.0
MW-21 (D) June 9,2009 Detection 24.0
MW-22(D) June 10,2009 Detection 24.0
MW-23(D) September 30,2009 Detection 25.0
MW-24(D) September 30,2009 Detection 25.0
MW-25(D) September 29,2009 Detection 25.0
MW-26(D) September 29,2009 Detection 25.0
*Note:(U)=upgradient well;(D)=downgradient well
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January 8,2018
Mr.Armando Gutierrez,Jr., PE,CFM
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2 . 0 SCOPE OF WORK, BASIC SERVICES
November 2017 Monitoring
Note that November 2017 Monitoring was not conducted due to Hurricane Harvey in accordance
with TCEQ permission obtained as follows: The TCEQ issued an email September 8, 2017,
granting permission for Type 1 MSWLFs located along the coast to cancel monitoring scheduled
during the period September through November 2017, due to Hurricane Harvey impacts. SCS, on
behalf of the City, notified TCEQ in an October 31, 2017 letter that the City was cancelling the
scheduled November landfill monitoring. The TCEQ acknowledged receipt of the letter without
further comment in their letter of December 12, 2017.
This scope of work covers semiannual groundwater monitoring for a period from February 2018
through May 2019. The project scope also includes tasks for:
• Responding to TCEQ Correspondence
• Resampling of Monitoring Wells
• Alternate Source Demonstrations
Task 1 —February 2018 Methane Monitoring
A qualified field technician will inspect and monitor the nine methane gas probes and gatehouse
in accordance with the site Landfill Gas Management Plan (LFGMP) and current practice. The
technician will be dispatched with the current site LFGMP. Each probe and the gatehouse will
then be monitored using a calibrated methane gas detector in accordance with the LFGMP.
Each time monitoring is conducted,the integrity of the gas monitoring probes will be inspected by
the sampler. The sampler will record pertinent information on appropriate field forms. The
sampler will perform the following at each monitoring event:
• Verify that the gas monitoring probe is clearly labeled on the outer casing or lid.
• Verify that the protective casing is intact and is not bent or excessively corroded.
• Verify that the concrete pad is intact(no evidence of cracking or heaving).
• Padlock replacement as necessary.
• Verify that the inner casing is intact.
If damage or excessive wear to a gas monitoring probe is observed, it will be reported to the
Landfill Manager.
Field monitoring data records will be maintained for all methane monitoring and kept on-site as
part of the Site Operating Record. If any gas probe measurements show any exceedance (defined
M:\BD\Proposals1Port Arthur\GWMMP01082018 Pt Arthur GWM+Gas.docx SCS ENGINEERS
January 8,2018
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Page 5
as methane exceeding 25%of its lower explosive limit in structures or 100%of the lower explosive
limit at the perimeter probes), the SCS technician will immediately report this information to the
Landfill Manager or his/her designated representative. SCS senior staff will consult with the City
regarding appropriate action.
Task 2 — May 2018 Detection Monitoring, Methane Monitoring, and Semiannual
Groundwater Report Services
Field Services
A qualified field technician will sample all monitoring wells in accordance with the site GWSAP
and current practice. The technician will be dispatched with the current site GWSAP. Each well
will be inspected for condition, and observations will be documented. Field measurements
including water level, pH, specific conductivity, and temperature will be made using equipment
supplied by SCS. Each well will then be purged and sampled using the already-installed dedicated
low-flow pumps in accordance with the GWSAP. Samples will be packaged and sent to the lab
for analysis. SCS will also inspect the well pads and clear vegetation as necessary.
During the same time that groundwater wells are sampled, the SCS field technician will monitor
methane concentrations in the nine perimeter gas probes and gate house.
Each time monitoring is conducted,the integrity of the monitoring wells and gas monitoring probes
will be inspected by the sampler. The sampler will record pertinent information on appropriate
field forms. The sampler will perform the following at each monitoring event:
• Verify that the well/monitoring probe is clearly labeled on the outer casing or lid.
• Verify that the protective casing is intact and is not bent or excessively corroded.
• Verify that the concrete pad is intact(no evidence of cracking or heaving).
• Padlock replacement as necessary.
• Verify that the inner casing is intact.
If damage or excessive wear to a well or gas monitoring probe is observed, it will be reported to
the Landfill Manager.
Field monitoring data records will be maintained for all methane monitoring and kept on-site as
part of the Site Operating Record.
Lab Analysis
SCS will oversee all lab-related activities for the project. SCS will coordinate with the lab prior
to sampling to order the appropriate sample containers. After sampling is complete, SCS will be
responsible for proper delivery to the lab. SCS will monitor the progress of sample testing, and
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Mr.Armando Gutierrez,Jr., PE,CFM
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address lab issues as they arise. Metals analysis on the water samples will be for total metals, as
required under the Subchapter J rules.
Reporting
SCS will compile a report of test results for TCEQ as required by 30 TAC 330.407. The Texas
Page Ones(Form 0312)will first be submitted to the City for signature. The data will be merged
into a pre-existing electronic database that contains all Subtitle-D groundwater monitoring data
obtained at the site. The City will be informed of any significant developments that are observed
at this stage of data review.
Statistical analysis will be conducted as required by 30 TAC 330.407(b) for all wells. Note that
TCEQ now requires statistical analysis of data from all wells that have completed background data
collection, upgradient and downgradient; the previous requirement was to do statistical analysis
only on downgradient wells. We anticipate continuing to use the well-accepted Sanitas®software
to conduct the analysis, for which the City of Port Arthur owns a site license. TCEQ solid waste
staff are familiar with this software; SCS personnel continue on an ongoing, regular basis to attend
Sanitas® training side-by-side with TCEQ personnel. SCS staff have utilized this statistical
software for numerous Texas landfills.
The draft report cover letter will be submitted to the City for review and comment prior to
submitting a final draft to the City and TCEQ within 60 days of sampling. An electronic copy of
the event results will be e-mailed as required by the TCEQ. SCS will submit two copies of the
final report to the City.
Task 3—August 2018 Methane Monitoring
This task has the same scope as Task 1.
Task 4 — November 2018 Detection Monitoring and Methane Monitoring, and Annual
Groundwater Report Field Services
This event has the same scope as Task 2, with the addition of preparing and submitting the annual
report that is a requirement under Subchapter J rule 30 TAC 330.407(c). The report will include
previous year events as appendices. A cover letter will summarize all activities for the previous
year,provide an updated groundwater flow map as required by 30 TAC 330.407(c)(4),and updated
groundwater flow velocity calculations as required by 30 TAC 330.407(c)(3). SCS will submit
two copies of the annual report to the City and three copies to TCEQ, including an electronic copy
on Compact Disk.
Task 5—February 2019 Methane Monitoring
This task has the same scope as Task 1.
SCS ENGINEERS
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January 8,2018
Mr.Armando Gutierrez,Jr., PE,CFM
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Task 6 — May 2019 Detection Monitoring, Methane Monitoring, and Semiannual
Groundwater Report Services
This event has the same scope as Task 2.
Contingency Task 7 —Respond to Future TCEQ Correspondence Regarding Groundwater
Monitoring
This task allows for response to potential future TCEQ letters regarding groundwater monitoring
submittals. This task has been added to the proposal because it is SCS' experience that the TCEQ
Permits staff are generating increasing amounts of correspondence requiring non-routine
responses. Because the actual need for these services is unknown at this time,Task 7 will be billed
on a time-and-materials basis utilizing SCS' fee schedule in effect at that time. The City will be
consulted and approval obtained prior to incurring any Task 7 costs.
Contingency Task 8—Resampling
Groundwater monitoring results occasionally indicate that resampling of a well must be conducted
in order to avoid the cost of regulatory actions such as assessment monitoring or corrective
measures. SCS takes all possible measures to avoid the need for resampling, including lab re-
analysis,additional statistical analysis, and implementing Alternate Source Demonstrations where
possible. As a result, the requirement for resampling is not a common occurrence at the City of
Port Arthur Landfill. The Task 8 total budget allows for two resampling events for the two-year
term of this proposal, although history indicates and SCS estimates this will not be required. The
City will be consulted and approval obtained prior to incurring any Task 8 costs.
Task 9—Alternate Source Demonstrations
Groundwater monitoring results also occasionally indicate the need for an Alternate Source
Demonstration (ASD), to avoid unnecessary assessment monitoring. It has become crucial under
the new rules to avoid unnecessary assessment monitoring, because rule 30 TAC 330.409(b)
dictates that all downgradient wells must go into assessment instead of just one well as under the
old rules. In order for the City to budget for this possibility,we have included Task 9 that includes
budget estimated to be sufficient for two ASDs. ASDs vary widely in the required level of effort
and associated cost, and the budget listed in this optional task is for two ASDs with the likely
maximum level of effort and cost. It is unlikely that this level of effort would be required, and the
City will only be invoiced for costs actually incurred. Also,the City will be consulted and approval
obtained prior to incurring any Task 9 costs.
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January 8,2018
Mr.Armando Gutierrez,Jr.,PE, CFM
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3.0 PROJECT TEAM
Below is a brief summary of the proposed project team, who all have experience with the City of
Port Arthur Landfill.
Kevin D. Yard, P. E., BCEE - Project Director
Mr. Yard will continue to serve as project director and will establish the overall objectives of the
project staff for this project. As you know, he has served as the engineer-of-record for the permit
amendment project for the expansion of the City's landfill and for various projects since that time.
As project director, Mr. Yard will be available to communicate with the City, as needed. Mr.
Yard's 30+years of engineering experience have focused primarily on the design, permitting, and
monitoring of solid waste facilities. Mr. Yard is a registered professional engineer in five states,
including Texas. He formerly served as the Director of the Landfill Management Technical
Division of the Solid Waste Association of North America(SWANA).
James Lawrence, P. G. - Project Manager
Mr. Lawrence is a Texas-licensed professional geologist with 30 years of experience with Texas
geology, and 20+ years working exclusively with Texas solid-waste related groundwater and gas
issues. He has specialized in providing landfill groundwater and gas monitoring services for
numerous municipalities in Texas. He has developed considerable expertise in the use of
groundwater statistics consistent with TCEQ requirements. He has extensive experience with the
hydrogeology and monitoring issues of solid waste landfills in the Texas Gulf Coast area. Mr.
Lawrence supervised the development of Attachments 4, 5 and 11 for the permit amendment
application for the expansion and upgrade on the Port Arthur Landfill, and the Subchapter F and J
groundwater-related Permit Modifications required by the new solid waste rules adopted in 2006.
As such, he is very familiar with the site hydrogeology and groundwater and gas monitoring
programs. He is also the hydrogeologist providing project management on groundwater and gas
monitoring services provided thus far to the Landfill. He will serve at SCS's primary point of
contact with the City for this project.
Field Technicians
SCS employs field technicians who receive background, as well as on-going training in gas
monitoring and the groundwater sample-collecting techniques and related chain-of-custody
procedures required for assuring that quality samples are delivered to the analytical laboratories.
SCS expects to utilize field personnel who have extensive experience with the City of Port Arthur
Landfill.
4 . 0 FEE
Project fees are detailed in Table 2. Billing will be conducted as shown in the table. In order to
provide cost savings to the City, fees proposed herein are the same as for the previous contract
period, with a 3%annual adjustment for inflation only.
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January 8,2018
Mr.Armando Gutierrez,Jr., PE,CFM
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Table 2: Tabulation of Estimated Fees
TASK FEE
NUMBER TASK DESCRIPTION ESTIMATE
1 February 2018 Quarterly Gas Monitoring $1,250
2 May 2018 Semiannual Groundwater and Gas Monitoring Event $20,700
3 August 2018 Quarterly Gas Monitoring $1,250
4 November 2018 Semiannual Groundwater and Gas Monitoring Event 25,800
5 February 2019 Quarterly Gas Monitoring $1,300
6 May 2019 Semiannual Groundwater and Gas Monitoring Event $21,325
7 Respond to TCEQ Correspondence* $5,500
8 Resampling* $2,900
9 Alternate Source Demonstrations* $6,400
Total $86,425
*Time-and-materials tasks requiring additional City authorization prior to incurring costs. As noted above,these
tasks will be invoiced using SCS'fee schedule in effect at that time.
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January 8, 2018
Mr.Armando Gutierrez,Jr.,PE,CFM
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5 . 0 ADDITIONAL SERVICES
As with our current monitoring project,the following services are not a part of this scope,and will
be considered additional services. No such additional services will be initiated by SCS prior to
receiving the City's approval:
• Sampling for constituents not listed in the GWSAP.
• Field services time extending beyond three days for one event caused by slow well
recharge, well access problems, well mechanical problems, or weather problems.
• Disposal of purge and other waste water. It is assumed City will provide drums at each
sample location and will be responsible for emptying drums.
• Well or gas probe repair.
• Follow-up required by landfill gas exceedances.
• Attending TCEQ inspections.
• Redevelopment or any other monitor well maintenance required for field sampling or
requested by any party.
• Additional time associated with VOC occurrences or any exceedances of lederall�-
promulgated Maximum Contaminant Limits.
• Amending GWSAP.
• Sampling and analyzing water samples from wells other than the 15 Subtitle D groundwater
monitoring wells.
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Mr.Armando Gutierrez,Jr.,PE,CFM
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SUMMARY
SCS appreciates this opportunity to continue to provide these groundwater services for the City of
Port Arthur. As with other recent projects for the City, receipt of a Purchase Order will suffice for
our notice to proceed. In view of our history of working with the City, we have not included a
Statement of Qualifications. Nevertheless, we would be please to provide further information on
our qualifications and experience, if you deem appropriate. If you have any questions related to
this proposal, please feel free to contact us at(817) 571-2288.
Sincerely,
(;0( 'f9v0A-La TaNtri-tm-c-q—
Kevin D. Yard, P.E., BCEE James Lawrence, P.G.
Vice President Manager of Groundwater Services
SCS ENGINEERS SCS ENGINEERS
TBPE Registration No. F-3407
cc: Jennifer Edwards -- Manager of Capital Projects
Justin Thomas—Landfill Manager
M:\BD\Proposals\Port Anhur1GWM\P01082018 Pt Arthur GWM+Gas.docx SCS ENGINEERS
SCS Project No.:
AGREEMENT BETWEEN SCS AND CLIENT
FOR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Port Arthur(hereafter"Client"),and Stearns,
Conrad and Schmidt Consulting Engineers, Inc. dba SCS Engineers(hereafter"SCS").
WITNESSETH
That for the considerations set forth below,the parties agree as follows:
1. Scope of Services: SCS shall provide professional services(hereafter"Services")for the
project entitled, "Groundwater and Methane Monitoring and Related Services for the City of Port Arthur
Landfill", (hereafter"Project") as set forth in the attached 1/08/18 letter in accordance with the terms and
conditions of this Agreement.
2. Basis of Compensation: as defined in SCS' 1/08/18 letter
3. Method of Invoicing: monthly as defined in SCS' 1/08/18 letter
4. Professional Retainer: not applicable
5. Other Terms:
6. General Conditions:
a. Payments for invoices prepared by SCS are due and payable within 30 days of receipt.
b. Client agrees to pay all costs and expenses of SCS,including reasonable attorney fees,arising out of or in
connection with collecting amounts for which Client is responsible pursuant to this Agreement
c. This Agreement may be terminated by either party upon 15 days'written notice to the other party. Upon
termination, SCS shall be paid for all Services rendered to the date of termination together with any
termination expenses incurred.
d. Any work in addition to that described in Article 1 above performed at the request of the Client shall be
compensated on a time-and-materials basis at the rates contained in SCS' Standard Fee Schedule in effect at
the time of performance of the Services,said schedule being attached hereto.
e. The parties hereto shall each maintain in full force and effect Commercial General Liability insurance
with coverage limits which are reasonable in light of the Services to be undertaken, and Workers'
Compensation Insurance as required by law. SCS will maintain liability insurance in the minimum amount of
$1,000,000.
f. Any drawings, specifications, reports, data and notes developed pursuant to this Agreement are
instruments of service, and as such the original documents, tracings, and field notes are and remain the
property of SCS. Copies will be made available to the city upon request.
M BIAPro011 ArtMc1GWMtC-010818 Agrml GW-gas mon IrEnrEIDIEMMII
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g. Neither party shall delegate its duties under this Agreement without the written consent of the other party.
Each party binds itself to the successors, administrators and assigns of the other party in respect of all
covenants of this Agreement.
h. The parties agree that the following allocation of liability in the projects undertaken hereunder. The
parties agree that SCS' liability under this Agreement and for the Project shall be limited to the amount
covered, if any, by SCS' liability insurance then in effect, or the amount of SCS' total fees hereunder
(whichever is greater). The Client may pay for the assumption of additional liability by SCS as a separate line
item in Article 2 above.
i. Unless otherwise expressly stated in the Scope of Services,SCS shall have no responsibility for site health
and safety, except with respect to the activities of SCS and its subcontractors. In no event shall SCS be
responsible for the means, methods or manner of performance of any persons other than SCS and SCS'
subcontractors.
j. Client agrees that SCS will not be responsible for liability caused by the presence or release of hazardous
substances or contaminants at the site, unless the release results from the sole negligence of SCS or its
subcontractors. The Client will either make others responsible for liabilities due to such conditions,or will
indemnify,defend and save harmless SCS from such liabilities. At no time shall title to hazardous substances,
solid wastes,petroleum contaminated soil or other regulated substances pass to SCS,nor shall any provision of
this Agreement be interpreted to permit or obligate SCS to assume the status of a "generator," "owner,"
"operator,""transporter,""arranger"or"treatment,storage or disposal facility"under state or federal law. The
provisions of this Article 6j shall survive any termination of this Agreement.
k. SCS shall be entitled to rely on information provided by Client. SCS shall be entitled to an equitable
adjustment in the price and schedule,as agreed by the Client,if conditions differ materially from information
provided by Client,or differ from what could reasonably be anticipated given the nature of the Services.
7. For the purposes of this Agreement,the term"SCS Engineers"shall mean Stearns, Conrad
and Schmidt Consulting Engineers, Inc.
8. This contract is subject to the annual budget process of the City and the availability of funds. If
the City is not able to budget funds,then SCS will be notified accordingly.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized
representatives as of the last date written below.
SCS ENGINEERS: CITY OF PORT ARTHUR,TEXAS
(„{
BY: BY:
NAME: Kevin D. Yard, P.E.,BCEE NAME:
TITLE: Vice President TITLE:
DATE: January 8,2018 DATE:
2
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