HomeMy WebLinkAboutPR 15489: GROUNDWATER MONITORINGMEMORANDUM
PUBLIC WORKS DEPARTMENT
TO: Stephen B. Ftrgibbons, City Manager n~" ~d"
FROM: Ross E. Blackketter, P.E., Director of Public Works GC
SUB7ECT: P.R. # 15489, Groundwater Monitoring
DATE: September 1, 2009
RECOMMENDATION:
It is recommended that City Council approve Proposed Resolution No. 15489, authorizing the
City manager to execute an agreement between the City of Port Arthur and SCS Engineers of
Bedford, Texas for Groundwater monitoring services at the City's Landfill for a total cost not to
exceed $139,355. Funding is available in account no. 403-1274-533.54-00
BACKGROUND:
The groundwater monitoring system at the City Landfill has gone through many changes in the
last year due to rule changes that went into effect in 2006. There are currently 11 wells that
must be monitored. There are 4 more wells scheduled for installation in November 2009,
bringing the total to 15 wells. Prior to the rule changes there were 8 wells with two of these old
wells being plugged to comply with the new rules.
The new wells that have been, or soon will be, installed must have quarterly background
monitoring pertormed until a baseline is determined. After a baseline is determined, then semi-
annual monitoring will be performed on these wells.
SCS Engineers has submitted Proposal No.16069209 to perform these services for a cost not to
exceed $139,355. The proposal which is attached as exhibit "A" to the resolution outlines the
fees for each monitoring event over the two year agreement.
BUDGETARY/FISCAL EFFECT:
Funds are available in the Public Works-Solid Waste Division Budget, Account No. 403-1274-
533.54-00.
EMPLOYEE/STAFF EFFECT:
Acceptance of this recommendation will have no effect on staffing levels at this time.
SUMMARY:
It is recommended that City Council approve Proposed Resolution No. 15489 authorizing the
City manager to execute an agreement between the City of Port Arthur and SCS Engineers of
Bedford, Texas for Groundwater monitoring services at the City's Landfill. Funding is available
in account no. 403-1274-533.54-00
"Remember, we are here to serve the citizens of Port Arthur"
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P.R. 15489
01/09/09 mlt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE A TWO YEAR AGREEMENT BETWEEN CITY OF PORT
ARTHUR AND SCS ENGINEERS OF BEDFORD, TEXAS FOR
GROUNDWATER MONITORING SERVICES FOR A TOTAL COST OF
$139,355. FUNDING IS AVAILABLE IN ACCOUNT NO. 403-1274-
533.54-00
WHEREAS, the City is required by the Texas Commission on Environmental Quality
(TCEQ) to monitor the groundwater beneath and surrounding the Gty Landfill; and,
WHEREAS, SCS Engineers of Bedford, Texas has extensive experience monitoring
landfill groundwater and corresponding with the TCEQ; and,
WHEREAS, SCS Engineers has submitted a proposal no. 16069209 to provide these
services to the City, see attached exhibit "A"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Manager be and he is hereby authorized to execute a two year
agreement (attached as Exhibit "A'~ with SCS Engineers of Bedford, Texas for groundwater
monitoring for a total cost not to exceed $139,355; and,
THAT funding is available in Budget Account No. 403-1274-533.54-OO,and,
THAT a copy of this Resolution be sent to the Contractor; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ,ADOPTED,AND APPROVED this day of A.D., 2009, at a
Meeting of the Gty Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers:
P.R. 15489
Page 2
NOES
Mayor
ATTEST:
City Secretary
APPR~OjVED AS(T~O,JFORM:
City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
Stephen B. Fitzgibbons Deborah Echols, CPA
City Manager Director of Finance
.~ ~ °~
Ross E. Blackketter, P.E.
Director of Public Works
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EXHIBIT A
Solid Waste idanagcmcnt Consultants Dalian f tort Worth Uffice 517-5?t-22&8 6ta~n
Offices NaUonvnde 1901 ; entral Orive 500-579-G671
Su:ce SSO 517-571-2188 tAX
ar::!c. J. Texas 76021 _
August 21, 2009
SCS Proposal No. 16069209
Mr. Ross Blackketter, P.E., Director of Public Works
City of Port Arthur
444 4`° Street
Port Arthw, Texas 77640
Subject: Proposal for Groundwater Monitoring Services-Two-Yeaz Period
For the City of Port Arthur Landfill
Dear Mr. Comeaux:
In response to the City's recent request, SCS Engineers (SCS) is pleased to present this proposal
for continuing to provide groundwater monitoring services for the City of Port Arthur Landfill
(Landfill). SCS has appreciated the opportunity to provide groundwater monitoring services
thus far, and we look forwazd to continuing this business relationship with the City. This scope
of work covers atwo-year period, and includes fow sampling events from September 2009
through May 2011.
The new Subchapter J rules require substantially more groundwater monitoring services
compazed to the previous proposal (of two years ago), but we want you to know that SCS has
instituted a variety of cost-saving measures that have allowed us to substantially lower per-well
fees for the work described in this proposal, compared to the previous proposal. These cast
savings help offset the overall higher number of monitoring wells and increased monitoring
frequency that are required under the new Subchapter J rules.
SCS is a highly qualified national provider of a full range of solid waste services. The
Engineering News Record ranked SCS as the Nnmber One consulting firm in the United States
providing solid waste services for four of the last five years. We believe we are particularly
well-suited to continue to provide groundwater monitoring services to the Ciry of Port Arthur
for the following reasons:
Successful Con:pletian of Groundwater Monitoring from January 2004 to the present SCS
has conducted groundwater monitoring at the Landfill since January 2004. This work
experience adds to SCS' overall knowledge of the site and its groundwater monitoring system,
increasing ow capability to provide high-quality, cost-effective services. SCS groundwater
monitoring has been successful in reducing problems and minimizing vests associated with
VOC occurrences and metals detections. We successfully implemented a strategy to eliminate
monitoring well MW-2 through the Subchapter J permit process, thereby eliminating this
troublesome and costly well, while improving environmental protection by flanking MW-2
with replacement wells that were required by the new Subchapter J rule. Also, SCS'
groundwater monitoring techniques have succeeded in significantly reducing the number of
"false positives" and associated events that required re-sampling. Since SCS is intimately
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Mr. Ross Blackketter, P.E.
Page 2
familiar with the site, we will continue to manage these issues in a manner that will translate to
significant value, including reducing the cost of regulatory compliance.
Successful Completion of Permitting Project and ether Ongoing Solid Waste Services. SCS'
experience with developing the site hydrogeologic characterization as a part of the City's
Landfill permitting project (Permit issued by TCEQ in 2006) has resulted in valuable
understanding and knowledge of site hydrogeoiogy, coordinating very well witb site
groundwater monitoring. This allows SCS to provide highly focused, cost-effective
groundwater monitoring services in the context of afull-service firm with current, extensive
knowledge of the site. SCS also recently completed the Subchapter F and J groundwater
Permit Modifications that were required as a part of the TCEQ's new rules.
In addition to these permitting projects, SCS has since provided a broad range of successful
solid waste services to the City, including Emissions Guidelines Tier II Landfill Gas Reporting,
Compliance Management Plan with updates, Solid Waste Rate Study, 5tormwater Pollution
Prevention Plan, Air Quality Permitting, and also services related to the new Solid Waste Rules
(described below). By perfoaning these other technical services at the Landfill, SCS has
developed an in-depth understanding of the interrelationship of these issues with groundwater
quality.
Expertise of Project Team. We will continue to use the same project team for the City's
groundwater monitoring project. Jim Lawrence, P.G., will serve as the project manager, Kevin
Yard, P.E., engineer-of-record for the landfill expansion project, 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 monitoring program.
Credibility with TCEQ. 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 particulaz, 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 recently provided commentary to
various regulatory programs, including changes to the TCEQ's groundwater monitoring
regulations.
Innovative Solutions. In the course of performing various landfill expansion projects, our
project team has worked together in solving various regulatory and technical issues. As
indicated in our Scope of Services, we will work closely with the City staff in managing this
project to ensure success. In similaz situations where we have became involved with a
landfill's groundwater monitoring, SCS has brought innovative solutions which have saved
clients significant vests.
Ability to Achieve Timely Completion of All Tasks. SCS employs more than 700 individuals
in 40 offices nationwide, including three offices in Texas. SCS is an employee-owned firm
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Mr. Ross Blackketter, P.E.
Page 3
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 wntinued success of the City's Landfill.
Given our familiarity with the City's groundwater program, our understanding of how the
groundwater program inter-relates 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 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.
I.O PROJECT BAC%GROUND
There have been many changes to groundwater monitoring at the Landfill since the previous
groundwater monitoring contract was authorized by the City two yeazs ago. The previous
groundwater monitoring system was certified in April, 1996 with eight wells. This system was
re-approved as part of the groundwater monitoring system with TCEQ's issuance of the permit
amendment on June 22, 2006. Monitoring wells MW-1 through MW-6 were installed in 1987
and MW-7 and MW-8 were installed in 1996.
Due to the new solid waste Subchapter J rules adopted in 2006, nine additional groundwater
monitoring wells were required, and twc existing wells were approved for plugging. Five of
these new wells (the new downgradient wells) were installed in June, 2009. These five new
wells now require quarterly background monitoring. The four remaining (upgradient)
Subchapter J wells are scheduled to be installed in November, 2009.
The current system now consists of eleven wells, as follows:
• Older, existing wells: MW-1, MW- 4, MW-5, MW-6, MW-7, MW-8
• Subchapter-1 well installed in June, 2009: MW-18, MW-19, MW-20, MW-21, MW-22
Details are presented in Table 1.
Background monitoring for the existing (six) wells consisted of eight sampling events
conducted from Mazch 1996 to July 1997. Semi-annual detection monitoring was initiated in
January 1998 and has continued through the present. Background monitoring of the new
Subchapter J wells is now required for a two yeaz period (eight events), and is included in this
scope of services. The list of constituents includes 15 inorganics and 47 organics. TCEQ
required all landfill owner/operators in 2006 to start obtaining total metals samples on a going-
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Mr. Ross Blackketter, P.E.
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forward basis. During the time period when background on the new total metals requirement is
collected, TCEQ required that sampling and analysis for the previously required dissolved
metals continue. Therefore, there is a limited overlap period in which metals analysis cost have
doubled, while both dissolved and total metals samples aze collected and analyzed. For the
City of Port Arthur Landfill, two more sampling events aze required in which both types of
samples must be collected on the existing wells (assumed to occur in November 2009 and May
2010 for this proposal). After the May 2010 event, all metals analysis will be only for total
metals for the remainder of the proposal duration.
Table 1
Monitoring Well Information
Well ID Completion
Date Ground
Surface
Elevation
(msl) Tap of
Casing
Elevation
(msl) Well Depth
(ft below
GL) Filter-Pack
Interval
(ft below
GL)
MW-1 Nov. 1987 4.3 8.3 25.5 12.0-25.5
MW-2
(plugged) Nov. 1987/
Plugged
June 2009 3.6 7.4 20.0 9.0-20.0
MW-3
(plugged) Nov. 1987!
Plugged
June 2009 2.7 6.7 23.0 9.5-23.0
MW-4 Nov. 1987 2.7 6.6 23.0 9.5-23.0
MW-5 Nov. 1987 3.3 7.1 23.0 9.5-23.0
MW-6 Nov. 1987 5.6 8.9 26.2 12.0-26.2
MW-7 Maz.1996 I.9 6.13 18.5 5.0-I8.5
MW-8 Mar. 1996 2.9 6.78 22.0 5.8-22.0
MW-18 June 2009 1.8 5.51 24.0 10.0 - 24.0
MW-19 June 2009 1.8 5.51 23.5 9.0 -23.5
MW-20 June 2009 3.0 6.50 24.0 10.0 - 24.0
M W-21 June 2009 2.6 6.71 24.0 10.0 - 24.0
MW-22 June 2009 1.8 5.32 24.0 10.0 - 24.0
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2. D SCOPE OF i6'ORK
This scope of work covers atwo-year period, and includes four events from September 2009
through ]une 2011. There aze also contingency tasks for responding to TCEQ correspondence,
resampling, and preparing Alternate Source Demonstrations. Contingency tasks aze stand-by
tasks that require City authorization prior to incurring costs.
Task 1-September 2009 Quarterly Back~ound Monitoring Event (Five Wells
This task has three parts, as described below: field sampling, laboratory analysis, and reporting.
As acost-saving measure for Task 1, the field sampling was moved up to August to coincide
with the installation of new dedicated sampling pumps that were approved under an existing
contract for well installation. This allowed the sampling to be conducted at no labor cost to the
City.
Field Samnline (conducted in Augt-st as a Cost-Savinc Measure)
A qualified field technician will sample the wells in accordance with the site GWSAP and
current practice, using the newly approved low-flow pumps. The technician will be instructed
in the site GWSAP and applicability to the site. 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 using low-flaw techniques in accordance with the GWSAP. Wells will then be
sampled using Iow-flow techniques. Samples will be packaged and sent to the laboratory for
analysis.
Laboratory Analvsis
SCS will oversee all laboratory-related activities for the project. SCS will coordinate with the
laboratory (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 address lab issues as they arise. Metals analysis on these new wells will
be for total metals, as required under the new rules.
Reporting
SC5 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 apre-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. The draft report Dover letter will be submitted to
the City for review and comment prior to submitting a final draft to the City within 45 days of
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Mr. Ross Blackketter, P.E.
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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. Note that in accordance with the
new Subchapter J regulations, this quarterly report will not be submitted to TCEQ unless the
laboratory results indicate a metal detection over Maximum Contaminant Limits or a detection
of a Volatile Organic Constituent.
Statistical Analysis
No statistical analysis will be conducted on data from the new wells during the two-yeaz period
when they are in background monitoring.
Task 2 -November 2009 Detection (Slx Wells) and Backeroand (Five Wells)
Groundwater Monitorine Event
This event has the same scope as task 1, except that statistical analysis and related reporting
will be conducted on results from the six older wells that are in detection monitoring as detailed
below. Also, as previously described, this is the first of two final rounds of dissolved metals
samples that must be collected and analyzed, prior to phasing out the use of dissolved metals.
Finally, semi-annual leachate sampling is now incorporated due to the elevated importance of
avoiding the substantially increased cost of assessment monitoring. Leachate analysis results
can be an important tool for demonstrating that a detection in a monitoring well is not due to a
release from the Landfill, by virtue of proving that the constituent is not present in the leachate.
Statistical Analysis
Statistical analysis will be conducted as required by 30 TAC 330.407(b) for all wells that aze in
detection monitoring (six wells). Note that TCEQ now requires statistical analysis of data from
al! wells, 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 wntinue 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 City will be consulted regarding any significant results that are observed in the course of
the statistical analysis. A draft letter summarizing the statistical analysis results will be
submitted for City review and comment. The final report will be submitted to the City within
60 days of sampling, in accordance with 30 TAC 330.407(b). SCS will submit two copies of
the final report to the City. As previously mentioned, in accordance with the new Subchapter J
regulations, this report will not be submitted to TCEQ unless the analysis indicates a
statistically significant change.
e
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';Cask 3 -February 2010 Quarterly Background Groundwater Monitoring Event (Nine
Wellsl AND Annual Reuort for 2009
This event has the same scope as task 1, except the number of wells is now expanded to include
all nine of the approved Subchapter J monitoring wells (anticipating that four wells were
installed in November, 2009).
In addition, this task scope includes preparing and submitting the annual report that is a new
requirement under Subchapter J rule 30 TAC 330.407(c). The report will include all 2009
events as appendices. A cover letter will summarize all activities for the previous yeaz,
provides an updated groundwater flow map as required by new rule 30 TAC 330.407(c)(4), and
updated groundwater flow velocity calculations as required by new rule 30 TAC 330.407(c)(3).
This event has the same scope as task 2, except far an expanded numbers of wells due to the
anticipated four additional Subchapter wells scheduled for installation in November, 2009.
AIso, as previously described, this is the sewnd of two final rounds of dissolved metals
samples that must be collected and analyzed, prior to phasing out the use of dissolved metals.
This event has the same scope as task 3, except there is no annual report.
This event has the same scope as task 4, except that only total metals will be collected.
This event has the same scope as task 3.
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Task 8 - Mav 2011 Detection (Six Wells) and Background (Nine Wells) Groundwater
Monitoring Event
This event has the same scope as task 6.
Contingencv Task 9 -Respond to TCEQ Correspondence Regarding Groundwater
Monitoring
This task allows for response to TCEQ letters regarding groundwater monitoring submittals.
This task has been added to the proposal because it is SCS' experience that the TCEQ Permits
staff assigned to review City of Port Arthur Landfill submittals generate an unusual amount of
correspondence requiring non-routine responses. Because the actual need for these services is
unknown at this time, Task 9 will be billed on atime-and-materials basis. The City will be
consulted and approval obtained prior to incurring any Task 9 costs.
Contingencv Task 10 - Resampting
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 Iaboratory 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 10 total budget allows for
one resampling event requirement 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 l0 costs.
Contineency 'Task 11-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 new rule 30 TAC
330.409(6) 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 listed a
Contingency Task 11 that includes sufficient budget for two ASDs. ASDs vary widely in the
required level of effort and associated cost, and the budget listed is 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 incumng any Task I 1 costs.
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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 Arthw Landfill.
Kevin D Yard, P E BCEE - Protect 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 landtll. As project director, Mr.
Yard will serve at SCS's primary point of contact with the City. Mr. Yard's 25 years of
engineering experience have focused primazily on the design, permitting, and monitoring of
solid waste facilities. Mr. Yazd is a registered professional engineer in five states, including
Texas.
James Lawrence P G -Project Manaeer
Mr. Lawrence is aTexas-licensed professional geologist with 25 years of experience with
Texas geology, and 15 years working exclusively with Texas solid-waste related groundwater
issues. He has specialised in providing landfill groundwater 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 participated in the development of Attachments 4, 5 and 11 for the draft permit
amendrent application for the expansion and upgrade on the Port Arthw Landfill, and the
Subchapter Fend 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
monitoring program. He is also the hydrogeologist providing project management on
groundwater monitoring services provided thus far to the landfill.
Dave Moves P G -Protect Ouality Assurance
Mr. Mayes also brings extensive experience to the team, with over 20 years practicing Texas
geology. He is aTexas-licensed Professional Geologist with recent, highly relevant experience
with solid-waste related Texas gulf coast hydrogeology. Mr. Mayes' work on the City of Port
Arthw permit expansion gives him very useful expertise to this project. He has conducted
work on site at the City of Port Arthur Landfill, and continues to provide quality review of
work products for this site.
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Mr. Ross Blackketter, P.E.
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Gail Davis. StaffGeoloeist
Ms. Davis has experience at the City of Port Arthur Landfill; she has been at the site for various
projects including well installation, pump installation, and groundwater sampling. She is a part
of the SCS team that provides groundwater data analysis, statistical analysis, and reporting for
the City of Port Arthur Landfill. She is also doing similar groundwater monitoring work for
other landfill clients across Texas.
Field Technicians
5CS employs field technicians who receive background, as well as on-going training in the
sample collecting techniques and related chain-of-custody procedures required for assuring that
quality samples are delivered to the analytical laboratories.
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4.0 FEE
Project fees aze detailed in Table 2. Billing will be conducted on a lump sum, monthly percent
complete basis. Fees include a 3.5% in yeaz two to account for inflation.
Table 2: Tabulation of Estimated Fees
TASK TASK DESCRIPTION FEE ESTIMATE
NUMBER
September 2009 Quarterly Background $6
900
1 Monitoring (five wells) ,
2 November 2009 Semiannual Detection $17,710
and Background Monitoring (11 wells)
3 February 2010 Quarterly Background $12,650
Monitoring (nine welts)
4 May 2010 Semiannual Detection and $20,470
Background Monitoring (15 wells)
5 August 2010 Quarterly Background $12,995
Monitoring (nine wells)
6 November 2010 Semiannual detection $20,125
and Background Monitoring (15 wells)
7 February 2011 Quarterly Background $12,880
Monitoring (nine wells)
8 May 2011 Semiannual Detection and $20,125
Background Monitoring (15 wells}
9* Respond to TCEQ Correspondence* $4,500
10• Resampling* $4,100*
11 * Alternate Source Demonstrarions* $6,900*
Total $139,355
•Contingency, time-and•materials lacks requiring additional City authoriation
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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 time for Tasks 1 through 8 extending beyond three days 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.
• 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 exceedences of federally-
promulgated Maximum Contaminant Limits.
• Amending GWSAP.
• Sampling and analyzing water samples from wells other than the Subtitle D
groundwater monitoring wells.
SUMMARY. SC5 appreciates this opportunity to continue to provide these groundwater
services for the City of Port Arthur. For your consideration, we are including a short form
agreement -the same form that we have used for the current project. 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 wntact
us at (817) 571-2288.
Sincerely,
~ ~~
~G /
evin D. Yazd, P.E., BCEE
Vice President
SCS ENGINEERS
~~-
James Lawrence, P.G.
Project Manager
SCS ENGINEERS
Attachments: Short Form Agreement
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AGREEMENT BETWEEN SCS ENGINEERS AND CLIENT
FOR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Port Arthur, Texas (hereafter "Client"}, and
SCS Engineers (hereafter "SCS"}.
WITNESSETH
That for the considerations set forth below, the parties agree as follows:
1. Scope of Services: SCS shal] provide services (hereafter "Services") for groundwater
monitoring at the City of Port Arthur Landfill, as defined in SCS' letter of August 21, 2009, as directed by
the Client, in accordance with the terms and conditions of this Agreement.
2. Basis of Compensation: as defined in SCS' letter of August 21, 2009.
3. Method of Invoicing: as defined in SCS' letter of August 21, 2009.
4. Professional Retainer: not applicable
5. Other Terms: not applicable
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 Clieat shall be
compensated on atime-and-materials basis at the rates contained in SCS' Standard Fee Schedule in effect at
the time ofperformance 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 requited 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 Ageement 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.
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.
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h. The parties agree to 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 sepazate 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 hazazdous
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 wntaminated 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 Steams, Conrad
and Schmidt Consulting Engineers, Inc.
S. 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 ENGINE R
sx• Gl ~~
NAME: Kevin D. Yard, P.E., BCEE
TITLE: Vice President
CITY OF PORT ARTHUR, TEXAS:
BY:
NAME:
TITLE:
DATE: ~/~ ~ ~y ~ DATE:
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Environmental Ida nagement Consullan:z 1901 Cent al Drive 1 c
Offices IJationwrde 2G.1 Rriar Forest Drive
Suite 550 Suite 205
Bedford, Texas 76021 Houston, Texas 77077
817-571-2288 Main 2fi1.397.67a7 M~;.,
SCS ENGINEERS FEE SCHEDULE
(Effective July 1, 2009 through June 30, 2010)
Rate/Hour ($)
Office Director
.....................................................................................................
Satellite Office Manager ..........
. 175
.
......................................................
Project Director (Engineer) .............. 160
..................................................................
Project Manager II 150
Project Manager I ...................... 145
.........................................
.................................
Senior Project Professional . 130
............................ .........................
.........................
Project Professional (Engineer) ....... 120
...................................................................
CQA Manager ......................... 105
............................................................................
StaffProfessional2 (Engineer) ........... 100
...............................................................
StaffProfessional l (Geologist) .......... 80
............
.............. .....................................
CAD Designer .................... 70
.........................................................
......................
Associate Staff Professional 95
.............................. .............
.....................................
CAD Draftsperson .................... 60
.................................................... ............
...........
Office Service Manager ............
. 60
.
..............................
.............. ............................
SecretariaUClerica] .... 65
........................................
............ ......................................
Sr. Technician ......... 50
............................................................................................
Technician ............. 65
.............................................................................................. 55
1. The hourly rates aze effective through June 30, 2010. Work performed thereafteris subject to
a new Fee Schedule issued for the period beginning July 1, 2010. Consistent with federal
regulafions, a factor of I50°/D will be applied to overtime hours for field personnel.
2. The above rates include salary, overhead, administration, and profit. Other direct expenses,
such as analyses of air, water and soil samples, reproduction, travel, subsistence,
subcontractors, long distance telephone, computers, etc., aze billed at actual cost plus 15
percent. Vehicle mileage is billed at $0.55 per mile for autos and $0.60 per mile for company
trucks. Daily rates apply on long-term projects.
3. Invoices will be prepazed monthly for work in progress unless otherwise agreed. Invoices are
due and payable upon receipt.
4. Payment of SCS Invoices for services performed will not be contingent upon the client's
receipt of payment from other parties, unless otherwise agreed. Client agrees to pay legal
costs, including attorney's fees, incurred by SCS in collecting any amount past due and owing
on client's account.
5. For special situations, such as expert court testimony and limited consultation, hourlyrates for
principals of the firm wi]I be on an individually-negotiated basis.
b. Computer and CARD time will be invoiced at $3.50 per billable hour (non field work).
}:BD`'FceScieE1009.i P_.UCC u+sdde200A.1O5CSEngrT%062]09 EXTEHDEp THROUGH b3p20I0 °Y R PER KOY FOR PT. pATHIIR OV 09A2.2009doc