HomeMy WebLinkAboutPR 22848: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SCS ENGINEERS OF HOUSTON, TEXAS City of
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Texas
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: October 27,2022
To: The Honorable Mayor and City Council
Through: Ronald Burton,City Manager
From: Flozelle C. Roberts, EIT,MEng,MBA, Public Works Director ;
RE: P.R.No. 22848: Authorizing the City Manager to enter into a contract with SCS
Engineers of Houston,Texas
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to enter into
a contract with SCS Engineers of Houston,Texas, in the amount of$103,400.00.
Background:
The Texas Commission on Environmental Quality (TCEQ) requires the City of Port Arthur's Landfill to
report groundwater,landfill gas, and air quality monitoring. The proposed contract with SCS Engineers of
Houston,Texas,is for the continuation of the firms' groundwater,gas,and air quality sampling and testing
of the required constituents from November 2022 through August 2023. Continuation of the sampling,
testing, and monitoring will enable the Landfill to remain in compliance with TCEQ's reporting
requirements.
Budget Impact:
Funds are available from Account No.403-50-320-5420-00-00-000.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR number 22848, authorizing the
City Manager to enter into a contract with SCS Engineers of Houston,Texas,in the amount of$103,400.00.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
S:\Engineering\PUBLIC WORKS\PW-RESOLUTIONS\PR 22848\Agenda Memo PR22848.docx
PR 22848
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH SCS ENGINEERS OF HOUSTON, TEXAS,
FOR GROUNDWATER, LANDFILL GAS, AND AIR QUALITY
MONITORING AT THE CITY OF PORT ARTHUR LANDFILL FOR THE
NOT-TO-EXCEED AMOUNT OF $103,400.00. FUNDS ARE
AVAILABLE IN PUBLIC WORKS DEPARTMENT - LANDFILL
DIVISION'S PROFESSIONAL SERVICES ACCOUNT, ACCOUNT
NUMBER 403-50-320-5420-00-00-000-.
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) requires the
monitoring of the groundwater, landfill gas, and air quality at the Landfill; and,
WHEREAS, a registered geologist and environmental engineer are required to
perform this task; and,
WHEREAS, SCS Engineers of Houston, Texas, has performed these services in
the past for the City and can perform these services for a total amount not to exceed
$103,400.00 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; and,
THAT, the City Council of the City of Port Arthur hereby authorizes the City
Manager to enter into contract with SCS Engineers of Houston, Texas, from November
2022 through August 2023 for groundwater, landfill gas, and air quality monitoring in the
not-to-exceed amount of $103,400.00, as delineated in Exhibit A; and,
THAT, funding is available in Public Works — Landfill's Professional Services
Account, account number 403-50-320-5420-00-00-000; and,
PR 22848
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THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of
A.D. 2022 at a meeting of the City of Port Arthur, Texas, by the
following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartle
Mayor
Attest:
Sherri Bellard, TRMC
City Secretary
PR 22848
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APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
),4(Lt ( ft-ta P-/J2-i-A41 47
Valecia Tizeno, Esq. Ronald Burton, CPM
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy K. Daniel
Interim Director of Finance
i' 4
zel e . Robert , T, ME g, MBA
Directo3) Public brks
Clifto Williams, CPPB
Purchasing Manager
PR 22848
Exhibit
A
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services ("Agreement") is made by and between the City
of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"),
and SCS Engineers ("Professional") (individually, each a "Party" and collectively, "Parties"),
acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional's profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of reasonable,
informed judgments and prompt, timely action. If Professional is representing this it has special
expertise in one or more areas to be utilized in the performance of this Agreement, then
Professional agrees to perform those special expertise services to the appropriate local, regional
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the"Effective Date")and shall continue thereafter until the one(1)year anniversary
of the Effective Date.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with
the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City(the"Schedule"),which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time,for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by
payment of a fee not to exceed $103,400.00.
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City of Port Arthur, Texas
Professional Services Agreement
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period,the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges,reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
is unsatisfactory as determined by City or which is not performed in compliance with the terms of
this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit B,and within the time schedule prescribed
by City, and without decreasing the effectiveness of the performance of services required under
this Agreement. In any event, when Professional is directed to revise or expand the scope of
services under this Agreement, Professional shall provide City a written proposal for the entire
costs involved in performing such additional services. Prior to Professional undertaking any
revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation
and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of Port Arthur
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
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City of Port Arthur, Texas
Professional Services Agreement
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment,telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ronald Burton, City Manager
444 4th Street
Port Arthur, Texas 77640
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
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City of Port Arthur, Texas
Professional Services Agreement
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
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City of Port Arthur, Texas
Professional Services Agreement
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings,written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
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City of Port Arthur, Texas
Professional Services Agreement
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional,its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS, SUITS,COSTS (INCLUDING COURT COSTS,REASONABLE ATTORNEY'S
FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO
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City of Port Arthur, Texas
Professional Services Agreement
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
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City of Port Arthur, Texas
Professional Services Agreement
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information"means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services,methods,processes and operating procedures,together with
all analyses,compilations,studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
[The Remainder of this Page Intentionally Left Blank]
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City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of ,2022.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ronald Burton, City Manager
ATTEST:
Sherri Bellard,City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this day of ,2022.
PROFESSIONAL:
SCS Engineers,
A Texas ,
By:
Name:
Title:
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City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services/ Schedule
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City of Port Arthur, Texas
Professional Services Agreement
SCS ENGINEERS Environmental Consulting & Contracting
October 11, 2022
SCS Proposal No. 160121221
Ms. Flozelle Roberts (sent via e-mail)
Director of Public Works
City of Port Arthur
444 4th Street
Port Arthur,TX 77640
Subject: Proposal for Groundwater, Landfill Gas, and Air Quality Services
November 2022 to August 2023
City of Port Arthur Landfill
Port Arthur,Jefferson County, Texas
Dear Ms. Roberts:
SCS Engineers(SCS) is pleased to present this proposal for continuing to provide groundwater and gas
monitoring services as well as air compliance services for the City of Port Arthur Landfill.We appreciate
the opportunity to provide these services thus far, and we look forward to continuing to provide these
important services for the City. This scope of work covers the period from November 2022 to August
2023.
SCOPE OF WORK
This scope of work covers semiannual groundwater and gas monitoring, as well as air compliance
services, for the period from November 2022 to August 2023. These services are required to be
completed within the City's FY 2022-2023 fiscal year.This scope will enable a continued management
of groundwater issues, as well as air compliance matters, at the landfill including discerning the
applicability of forthcoming new regulations,as explained herein. Our proposed scope of work is noted
below.
Task 1 - November 2022 Detection/Assessment Monitoring, Methane Monitoring,
and Annual Groundwater Report Services
Field Services
A qualified field technician will sample all groundwater monitoring wells in accordance with the site
Groundwater Sampling and Analysis Plan (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. Several
wells are in assessment monitoring status but sampled for detection monitoring parameters as
approved by the Texas Commission on Environmental Quality(TCEQ). Samples will be packaged and
sent to the laboratory for analysis. SCS will also inspect the well pads and clear vegetation as
necessary.
12651 Briar Forest Dr. #205, Houston,TX 77077 1817-358-6162 I
Ms. Flozelle Roberts
October 11, 2022
Page 2
During the same time that groundwater wells are sampled, the SCS field technician will monitor
methane concentrations in the nine perimeter gas probes and at the 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 and groundwater
monitoring wells 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 or monitoring well 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 or groundwater monitoring well 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 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.
Analytical and Reporting Services
Lab Analysis
SCS will oversee all laboratory-related activities for the project.SCS will coordinate with the laboratory
prior to sampling to order the appropriate sample containers. After sampling is complete, SCS will be
responsible for proper delivery to the laboratory.SCS will monitor the progress of sample testing,and
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
This scope includes preparing and submitting the annual detection monitoring report that is a
requirement for Type I landfills under Subchapter J rule 30 TAC 330.407(c). One more round of Texas
Commission on Environmental Quality (TCEQ) required assessment monitoring is required but those
costs,field services and reporting, have already been approved in a separate purchase order and are
not included in these costs.
The first report will summarize all groundwater activities for the calendar year, including the results
from the June 2021 groundwater sampling event, 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).
Ms. Flozelle Roberts
October 11, 2022
Page 3
Statistical analysis will be conducted as required by 30 TAC 330.407(b)for all wells. Note that TCEQ
requires statistical analysis of data from all wells that have completed background data collection,
upgradient and downgradient. 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 staff have utilized this statistical software for numerous Texas landfills.
A draft copy of the annual report will be submitted to the City within 60 days of sampling for review
and comment prior to submitting a final draft to the City and the TCEQ. SCS will submit two copies of
the annual report to the City and three copies to the TCEQ, including an electronic copy on CD.
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.
Task 2— February 2023 Methane Monitoring
This task has the same scope as the methane monitoring portion of Task 1.
Task 3 — May 2023 Detection Monitoring, Methane Monitoring, and Semi-annual
Groundwater Report Services
This event has the same scope as Task 1, except no Annual Report is required. A semi-annual
groundwater sampling report will be prepared by SCS and submitted to the TCEQ. A leachate sample
will be collected during this event.
Task 4—August 2023 Methane Monitoring
This task has the same scope as the methane monitoring portion of Task 1.
Task 5—Air Quality Services
Title V Reporting
The landfill's Title V Permit requires the submittal of semi-annual deviation reports and the submittal
of an annual certification each year. Although semi-annual deviation reports are not required if no
deviations from the Title V permit requirements occurred during a semi-annual period, TCEQ has
requested that landfills be proactive and submit reports explicitly stating that no deviations occurred.
As such, consistent with TCEQ's request and our approach to satisfying TCEQ's requirements in prior
years, this work includes the filing of two semi-annual deviation reports in FY 2022-2023. This work
also includes the preparation of the Title V annual certification report. We will track the required
submittal deadlines and notify you in advance, as information is required and as signatures are
needed.
Each submittal will consist of a cover letter, a certification form that must be signed by the City, and
contain the appropriate TCEQ certification and deviation forms.We will contact you to discuss whether
any potential deviations did occur during each reporting period prior to submitting any certification
forms to you for your signature as Responsible Official. Any discovered deviations will be explained
and included as such in the Title V paperwork. Upon completion of all paperwork and receipt of the
Ms. Flozelle Roberts
October 11, 2022
Page 4
signed certification pages, we will transmit the appropriate paperwork to TCEQ and, for the annual
certification,to EPA.
Emissions Inventory and Emissions Fee Calculations
A formal emissions inventory is filed annually for the landfill per TCEQ requirements to report
emissions. We will provide you with a checklist of any needed information to estimate calendar year
2022 emissions. Upon receipt of the needed information and preparation of emissions calculations,
we will then enter the data into TCEQ's State of Texas Environmental Electronic Reporting System
(STEERS).Upon completion of entering the CY2022 data,we will provide the calculations in PDF format
for your review,address typical TCEQ comments if received, and work with you to certify the inventory
on to TCEQ in STEERS prior to the March 31, 2023 TCEQ deadline. We will upload pertinent
calculations into STEERS as required by TCEQ.
As part of this scope, we will also prepare the TCEQ emissions fee remittance form.As the holder of a
Title V air permit in the State of Texas,the City is required to pay emissions fees to support Texas'Title
V program.Consistent with prior years,we anticipate that the TCEQ will mail you a fee remittance form
in April 2023. We will complete the emissions fee form, and remit this form to TCEQ on the City's
behalf. Please note that the fees themselves are not included in this proposal; you should be billed
directly for these in October or November of 2023 after TCEQ's fiscal year closes and the per ton fee
amount is established.
Calendar Year 2023 Greenhouse Gas Reporting
We will prepare the required reporting associated with the Federal mandatory GHG reporting rules in
calendar year 2023.This work includes the preparation and submittal of the required GHG emissions
estimates and associated information required by the GHG reporting rule. The deadline for this
submittal is March 31, 2023.
As was completed this past March, electronic reporting will be used to file all required information
related to the GHG reporting rule. We will work with you to enter all online information for review and
certification.
We will have most of the information necessary to complete the GHG emissions estimates based on
prior work. We will contact you regarding any information that might be needed. When the reporting
has been completed, we will provide a memorandum for your files including backup calculation
spreadsheets and pertinent assumptions.
NSPS 2023 Reporting
The landfill is subject to Federal NSPS rules that require annual NMOC emissions reporting. Annual
NMOC reporting is required by September 20th of each calendar year. For this task, we will prepare
the NSPS-required NMOC emission rate report for the landfill in 2023. The submittal will consist of
the appropriate submittal forms,a cover letter,and backup calculations. Upon completion of the draft
submittal,we will provide this submittal for review,comment,and signature(required on the submittal
forms). Upon receipt of the signed forms, we will prepare and transmit the final submittal to EPA and
TCEQ.
Ms. Flozelle Roberts
October 11, 2022
Page 5
Task 6 (Contingent)— Respond to Future TCEQ Correspondence Regarding Groundwater
Monitoring
This task allows for the 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 6 will be billed on a time-
and-materials basis utilizing SCS' current fee schedule.The City will be consulted and approval will be
obtained prior to incurring any Task 6 costs.
Task 7— Resampling (only as needed)
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 7 total budget allows for two resampling events for the one-year term of this proposal, if
necessary.
Task 8—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 8 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. The City will only be invoiced for costs actually
incurred.
Task 9 —On-Call Air Services
Consistent with our years of providing landfill engineering and consulting services, it is recommended
that a budget be established for a variety of non-routine engineering and technical services that may
be required during the fiscal year. Also,the City's management team may encounter questions related
to TCEQ inspections and other matters where it may be advantageous to have ready access to
consulting support.
To provide this support, we have established this On-Call Air Services task with a budget of $4,100.
This budget will only be used with the City's prior authorization on a time-and-materials basis using the
SCS fee schedule in effect at that time. Further, any charges to this task will be fully detailed in our
invoice.
Ms. Flozelle Roberts
October 11, 2022 EXHIBIT B
Page 6
FEE AND SCHEDULE
Project fees are detailed in Table 1.Billing will be conducted on a lump sum,monthly percent complete
basis.
Table 1. Tabulation of Estimated Fees
Task# Description Proposed
Fee
1 November 2022 Detection Monitoring, Methane Monitoring, $34,600
and Annual Groundwater Report Services
2 February 2023 Methane Monitoring $2,300
3 May 2023 Detection Monitoring, Methane Monitoring, and $29,000
Semiannual Groundwater Report Services
4 August 2023 Methane Monitoring $2,300
5 Air Quality Services $9,800
6 Respond to Future TCEQ Correspondence Regarding $6,400
Groundwater Monitoring *
7 Resampling(Two events and reporting) $9,600
8 Alternate Source Demonstrations $4,900
9 On-Call Air Services* $4,500
Total I $103,400
*Time-and-materials tasks requiring additional City authorization prior to incurring costs. As noted
above,the estimated fees for these tasks will be invoiced using SCS' current fee schedule(attached).
SCS will maintain a schedule for all of our services and perform our work to meet compliance and
regulatory deadlines.
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 wastewater. 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 federally-promulgated
Maximum Contaminant Limits;
Ms. Flozelle Roberts
October 11, 2022
Page 6
FEE AND SCHEDULE
Project fees are detailed in Table 1.Billing will be conducted on a lump sum, monthly percent complete
basis.
Table 1. Tabulation of Estimated Fees
Task# Description Proposed
Fee
1 November 2022 Detection Monitoring, Methane Monitoring, $34,600
and Annual Groundwater Report Services
2 February 2023 Methane Monitoring $2,300
3 May 2023 Detection Monitoring, Methane Monitoring, and $29,000
Semiannual Groundwater Report Services
4 August 2023 Methane Monitoring $2,300
5 Air Quality Services $9,800
6 Respond to Future TCEQ Correspondence Regarding $6,400
Groundwater Monitoring *
7 Resampling(Two events and reporting) $9,600
8 Alternate Source Demonstrations $4,900
9 On-Call Air Services* $4,500
Total $103,400
*Time-and-materials tasks requiring additional City authorization prior to incurring costs. As noted
above,the estimated fees for these tasks will be invoiced using SCS' current fee schedule(attached).
SCS will maintain a schedule for all of our services and perform our work to meet compliance and
regulatory deadlines.
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 wastewater. 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 federally-promulgated
Maximum Contaminant Limits;
Ms. Flozelle Roberts
October 11, 2022
Page 7
• Amending GWSAP;and
• Sampling and analyzing water samples from wells other than the 15 Subtitle D groundwater
monitoring wells.
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 pleased to provide further information on our qualifications
and experience, if requested. If you have any questions related to this proposal, please feel free to
contact us at J. Roy at(817) 358-6156 or Gil at(817) 358-6162.
Sincerely,
Gil Gabaldon, P.G. J. Roy Murray, P.E.
Sr. Project Professional Vice President/Houston Office Director
SCS ENGINEERS SCS ENGINEERS
TBPE Registration No. F-3407
cc: Mr.Justin Thomas, City of Port Arthur Landfill Manager
Mr.Jorge Morales, Environmental Operations Manager
Mr.Joseph Krasner, P.E.,SCS Engineers