HomeMy WebLinkAboutPR 23323: CONTRACT WITH SCS ENGINEERS TO PLUG, ABANDON, AND REPLACE GAS PROBE #6 AT THE LANDFILL A a
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INTEROFFICE MEMORANDUM
Date: September 6,2023
To: The Honorable Mayor and City Council
Through: Ronald Burton,City Manager
10/
From: Flozelle Roberts, EIT, MEng, MBA, Director of Public Works 41�
RE: P.R.No. 23323: Authorizing a Contract with SCS Engineers to Plug,Abandon, and
Replace Gas Probe#6 at the Landfill
Introduction:
This agenda item intends to seek the City Council's authorization for the City Manager to enter into a
contract with SCS Engineers of Houston, Texas, to prepare a temporary authorization and permit
modification to plug, abandon, and replace gas probe#6.
Background:
Federal law requires the monitoring and reporting of landfill gas levels,which is accomplished through the
use of gas probes.Gas probe#6(GP-6)was recently damaged during the Landfill's earthwork project.Staff
was unsuccessful in locating the damaged probe. Therefore, professional assistance is required to plug,
abandon,and replace the existing probe within the mandatory 60-day timeframe.
This work also requires a modification to the Landfill's existing permit, which is covered within this
proposal.
The work will be performed in accordance with 30TAC §305.70(j)(18),(23)as a non-notice modification.
"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 23323_Relocate Gas Probe#6 at the Landfill\!OMEMORANDUMGP6.docx
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www.PortArthurTx.gov
Budget Impact:
Funds are available in the Landfill's Professional Services Account, 403-50-320-5420-00-00-000.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR number 23323 authorizing the
City Manager to enter into a contract with SCS Engineers of Houston, Texas, to prepare a temporary
authorization and permit modification to plug, abandon, and replace gas probe#6 for$28,400.00.
"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 23323_Relocate Gas Probe#6 at the Landfill\IOMEMORANDUMGP6.docx
PR 23323
09/06/2023 jam
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH SCS ENGINEERS OF HOUSTON, TEXAS,
TO PLUG, ABANDON, AND RELOCATE GAS PROBE #6 AT THE
LANDFILL FOR $28,400.00. FUNDS ARE AVAILABLE IN THE
PUBLIC WORKS DEPARTMENT LANDFILL DIVISION —
PROFESSIONAL SERVICES ACCOUNT, 403-50-320-5420-00-00-
000.
WHEREAS, gas probe #6 was damaged and compromised during the earthwork
project at the Landfill; and,
WHEREAS, the Texas Administrative Code and the Landfill's site operating plan
require the probe's reinstallation within 60 days of damage; and,
WHEREAS, SCS Engineers of Houston, Texas, will prepare a temporary
authorization for submittal to the Texas Commission on Environmental Quality (TCEQ) to
allow for the plugging and abandoning of the existing gas probe and the installation of
the new gas probe prior to the completion of the permit modification; and,
WHEREAS, SCS Engineers' work will be performed in accordance with the Texas
Administrative Code (TAC) §305.70(j)(18), (21), and (23) as a non-notice modification;
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 and directs the
City Manager to enter into a contract with SCS Engineers of Houston, Texas, to plug,
PR 23323
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abandon, and relocate of gas probe #6 at the Landfill for $28,400.00, as delineated in
Exhibit A; and,
THAT, funding is available in the Public Works Landfill Professional Services
Account, 403-50-320- 5420-00-00-000; and,
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. 2023, 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 23323
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APP VED AS TO FORM:
b
alecia Tiz o, Esq.
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, CPM
City Manager
--Ffoll Roberts,'E , MEng, MBA
Director ri)f Public)iiV, ks
� L
APPROVED AS TO AVAILABILITY OF FUNDS:
4.4A,\_%1J
Kandy K. Dayflo
Director of Finance
Clifton E. Williams, Jr., CPPB
Purchasing Manager
PR 23323
Exhibit
A
P.R. No.23323
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 six(6) month 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
P.R. No.23323
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 $28,400.00.
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.
0
P.R. No.23323
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 A, 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 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:
P.R. No.23323
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.
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.
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
P.R. No. 23323
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.
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: Ronald Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
P.R. No. 23323
Attn: Val Tizeno, City Attorney
If intended for Professional:
SCS Engineers
12651 Briar Forest Drive, Suite 205
Houston, Texas 77077
Attn: J. Roy Murray, PE
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 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.
P.R. No.23323
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 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.
EXECUTED this day of , 2023.
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
P.R. No.23323
EXECUTED this day of , 2023.
PROFESSIONAL:
SCS Engineers
(Company)
By:
J. Roy Murray, PE
P.R. No.23323
Exhibit A
Scope of Services/ Schedule
•
SCS ENGINEERS Environmental Consultants & Contractors
September 05, 2023
Mr.Jorge Morales Sent via email
Environmental Operations Manager
City of Port Arthur Landfill
4732 Texas 73
Port Arthur,Texas 77705
Subject: Proposal to Plug,Abandon and Replace Gas Probe GP-6
City of Port Arthur Landfill
Dear Jorge:
SCS Engineers(SCS) is presenting this scope of services for plugging and abandoning gas probe GP-6
located at the City of Port Arthur Landfill. It is our understanding that during some recent earthwork
in the area of GP-6 that the probe was covered with dirt and was not found after subsequent searches
by an on-site contractor. It is likely the probe surface completion was sheared off at the surface.
The scope of work includes, but is not limited to,the re-installation of probe in the area of the original
probe. In addition, the bollards and well casing will be painted and a brass monument and well
identification tag will be placed/replaced on the probe. An attempt will be made to locate GP-6 and if
found the probe will be plugged and abandoned. SCS is requesting that City of Port Arthur landfill
personnel level and compact the area around GP-6 ahead of installation activities.
After the proposal is approved,SCS will submit a request for a temporary authorization from the Texas
Commission of Environmental Quality (TCEQ) to install the probe. A permit modification will also be
required. After the area around GP-6 is compacted and leveled, SCS will arrange for the proposed
well location to be surveyed in order to confirm the depth of the probe relative to the depth of the
waste.
Per the approved permit, the probe must be installed within 60 days of determination that the probe
is damaged. SCS was notified that the probe could not be located on August 24, 2023.
SCOPE OF WORK
Task 1 —Temporary Authorization and Permit Modification
SCS will prepare a temporary authorization for submittal to the TCEQ that will allow the installation of
the gas probe prior to the completion of the permit modification. This submittal will consist of a
temporary authorization letter, a TCEQ Correspondence Cover Sheet, a TCEQ Permit/Registration
Modification and Temporary Authorization Application Form, and a check to the TCEQ for$150.
The temporary authorization letter will consist of:
• A description of the existing gas probe;
• A description of the damage to existing gas probe;
12651 Briar Forest Drive,Ste.205, Houston,TX 77077 I 817-358-61621 Fax 281-293-7878
tot
Mr. Jorge Morales
September 5, 2023
Page 2
• An explanation of why the temporary authorization is necessary; and
• A description of the activities to be conducted to find the missing probe and plug,abandon
and replace damaged probe.
SCS will prepare a permit modification request for submittal to the TCEQ.This permit modification will
be prepared in accordance with §305.70(j)(18), (21) and (23) as a non-notice modification. This
submittal will consist of a permit modification submittal letter, a TCEQ Correspondence Cover Sheet,
a TCEQ Permit/Registration Modification form, a TCEQ Fee Submittal Letter, a check to the TCEQ for
$150.
In addition,SCS will revise the following:
• Part III,Attachment 5, Groundwater Characterization Report, and
• Part III,Attachment 14, Landfill Gas Management Plan to Incorporate the requirements of
TAC 305.70(j)(18).
SCS has budgeted for minor TCEQ comments on the above requests. Since it is difficult to determine
the extent of TCEQ comments, SCS will review the comments and if additional budget is required, will
contact the City prior to addressing the comments for approval of additional funds.
Task 2 - Gas Probe Replacement
Upon receipt of written authorization from the TCEQ,SCS proposes to conduct the following gas probe
activities:
Monitor Well or Activity
Gas Probe ID
GP-6R Install replacement gas probe GP-6R. The replacement of this probe includes
the protective casing, necessary surface completions including bollards, well
development(if required),and the installation report to the TCEQ and State of
Texas. SCS will attempt to find the damaged probe, GP-6, and if found will
attempt to plug and abandon the probe. If found and plugged, a plug and
abandonment form will be submitted to the State of Texas and the information
included in the probe installation report. The probe will be surveyed by an
accredited surveyor.
The materials generated during the plug and abandonment, if the probe is encountered, will be
disposed of at the Port Arthur Landfill.
SCHEDULE
SCS proposes to initiate work immediately upon receipt of notice to proceed from the City and expects
to submit a draft temporary authorization for the City's review within 2 weeks of Notice to Proceed.
SCS proposes to submit the permit modification request within 180 days of the completion of the
probe installation.
Mr. Jorge Morales
September 5, 2023
Page 3
FEES
SCS proposes to conduct the tasks on a lump sum basis of$28,400. As with other recent projects for
the City, receipt of a Purchase Order will suffice for our notice to proceed. Any additional Services that
the City may request with regards to this project (i.e.: meetings, permit modifications) or other tasks,
will constitute a change order for additional services, or prepared as additional task orders.
CLOSING
We appreciate the opportunity to assist the City with this very important project and look forward to
working with the City Staff to assure the project's success. If you have any questions related to this
proposal, please feel free to contact J. Roy Murray at (817) 358-6156 or Gil Gabaldon at (817) 358-
6162.
Sincerely,
cn
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: Glen Collier, SCS Engineers