HomeMy WebLinkAboutPR 24563: CONTRACT WITH SCS ENGINEERS, FOR GROUNDWATER, LANDFILL GAS, AND AIR QUALITY MONITORING e
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INTEROFFICE MEMORANDUM
Date: October 9, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton,CPM,City Manager
From: Flozelle C.Roberts,EIT,MEng,MBA,CPM,Public Works Director
RE: P.R.No.24563: Authorizing the City Manager to Contract with SCS Engineers of
Houston,Texas,for Groundwater,Landfill Gas,and Air Quality Monitoring
Introduction:
This agenda item seeks the City Council's authorization for the City Manager to contract with SCS
Engineers of Houston,Texas,for groundwater, landfill gas, and air quality monitoring for$171,500.00.
Background:
The City of Port Arthur's Landfill is required,by state and federal laws,to monitor its groundwater,landfill
gas,and air quality.SCS Engineers of Houston,Texas,currently provides the aforementioned services,and
the firm has been instrumental in maintaining the monitoring schedule and compliance.
A new round of monitoring and reporting is required each fiscal year. SCS has proposed continuing to
provide air compliance and groundwater and gas monitoring services from November 2025 through August
2026 for$171,500.00.
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 24563, authorizing the
City Manager to contract with SCS Engineers of Houston, Texas, for groundwater, landfill gas, and air
quality monitoring for$171,500.00 for the period of November 2025 to August 2026.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4a'Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
S:\Engineering\PUBLIC WORKS\PW-RESOLUTIONS\PR 24563_Groundwater Gas and Air Quality Monitoring Services\03-Agenda Memo
PR24563.docx
PR 24563
10/9/2025 LLJ
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
CONTRACT WITH SCS ENGINEERS OF HOUSTON, TEXAS, FOR
GROUNDWATER,LANDFILL GAS,AND AIR QUALITY MONITORING
AT THE LANDFILL FROM NOVEMBER 2025 TO AUGUST 2026 FOR
$171,500.00. FUNDS ARE AVAILABLE IN PUBLIC WORKS
DEPARTMENT LANDFILL DIVISION — PROFESSIONAL SERVICES
ACCOUNT NUMBER 403-50-320-5420-00-00-000.
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) requires the
Landfill to monitor and report the groundwater, landfill gas, and air quality levels at the Landfill;
and,
WHEREAS, a registered geologist and environmental engineer are required to perform
these tasks; and,
WHEREAS, this procurement for professional services is authorized pursuant to Section
252.022(4)of the Local Government Code; and,
WHEREAS, SCS Engineers of Houston, Texas, has previously performed these services
for the City and has been instrumental in maintaining the monitoring schedule and compliance;
and,
WHEREAS, SCS Engineers provided a professional services proposal for the not-to-
exceed amount of$171,500.00 as shown in Exhibit A.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
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
contract with SCS Engineers of Houston, Texas, from November 2025 through August 2026, for
PR 24563
10/9/2025 LLJ
Page 2 of 3
groundwater,landfill gas,and air quality monitoring for the not-to-exceed amount of$171,500.00,
as delineated in Exhibit A; and,
THAT, funding is available in Public Works Landfill Professional Services Account
Number 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.
2025 at a meeting of the City of Port Arthur,Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Charlotte M. Moses
Mayor
ATTEST:
Sherri Bellard,TRMC
City Secretary
PR 24563
10/9/2025 LLJ
Page 3 of 3
APPROVED AS TO FORM:
Roxann Pais Cotroneo, Esq.
City Attorney
APPROVED FOR ADMINISTRATION:
-e"D "V/
Ronald B on, CPM
City Manager
( TO
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lozell= isRobe : �T, MEng,MBA, CPM
Direc i f Publ. I ks
APPROVED AS FOR AVAILABILITY OF FUNDS:
Ly a Boswell,MA, GFOA
Director of Finance
Clifton E. illiams, Jr., CPPB
Purchasing Manager
P.R. No. 24563
P.R.No.24563
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 be for the period from November 2025 to August 2026.
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.
P.R.No.24563
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 $171,500.00.
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.
P.R.No.24563
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.24563
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.24563
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
P.R.No.24563
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Roxann Pais Cotroneo, 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
P.R.No.24563
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 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 , 2025.
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:
Roxann Pais Cotroneo, City Attorney
P.R.No. 24563
EXECUTED this day of , 2025.
PROFESSIONAL:
SCS Engineers
(Company)
By:
J. Roy Murray, PE
[The Remainder of this Page Intentionally Left Blank]
P.R.No.24563
Exhibit A
Scope of Services/Schedule
SCS ENGINEERS Environmental Consulting & Contracting
October 8, 2025
SCS Proposal No. OP160161.25
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 2025 to August 2026
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 (City). 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
2025 to August 2026.
SCOPE OF WORK
This scope of work covers semiannual groundwater and gas monitoring, as well as air compliance
services, for the period from November 2025 to August 2026. These services are required to be
completed within the City's FY 2025-2026 fiscal year.This scope will enable a continued management
of groundwater issues, as well as air compliance matters, at the landfill. Our proposed scope of work
is noted below.
Task 1 - November 2025 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.
As a result of a confirmed statistically significant exceedance (SSI) of cobalt in monitoring well MW-4
during the last groundwater sampling event, and subsequent verification sampling event, well MW-4
12651 Briar Forest Dr. #205, Houston,TX 77077 1817-358-6162
Ms. Flozelle Roberts
October 8, 2025
Page 2
and two adjacent wells, entered into assessment monitoring. However,these wells are only sampled
for Appendix I monitoring parameters. Based on our most recent results, the cobalt concentrations
decreased below the applicable statistical standard but the barium concentration in these wells
exceeded their standard. Monitoring wells MW-1 and MW-4 will remain in assessment monitoring for
Appendix I parameters until the barium concentrations decrease below the applicable statistical
standard for two consecutive events.
An SCS field technician will monitor methane concentrations in the eighteen perimeter gas probes,the
scale house, the break room, the Pump House and the shed in accordance with the site Landfill Gas
Management Plan (LFGMP) and current practice. Nine gas probes were installed in August 2024.
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).
The first report will summarize all groundwater activities for the calendar year, including the results
from the May 2026 groundwater sampling event, provide an updated groundwater flow map as
Ms. Flozelle Roberts
October 8, 2025
Page 3
required by 30 TAC 330.407(c)(4), and updated groundwater flow velocity calculations as required by
30 TAC 330.407(c)(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 an electronic
copy of the annual report to the City and two copies to the TCEQ, including an electronic copy on CD.
The Texas Page Ones (Form 0312) will first be submitted to the appropriate City personnel 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 2026 Methane Monitoring
This task has the same scope as the methane monitoring portion of Task 1.
Task 3 — May 2026 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 2026 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 compliance certification. 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 2025-2026. 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
Ms. Flozelle Roberts
October 8, 2025
Page 4
any potential deviations occurred during each reporting period prior to submitting any certification
forms to you for your certification.Any discovered deviations will be explained and included as such in
the Title V paperwork. Upon completion of all paperwork and receipt of the signed certification pages,
we will transmit the information to TCEQ and,for the annual certification,also copy EPA.
Title V Renewal
The landfill operates under two different air permits:the Standard Permit for Municipal Solid Waste
Landfills contained under 30 TAC §330, Subchapter U and a Title V General Operating Permit(GOP)
Number 517 for municipal solid waste landfills. GOPs must be renewed every 5 years and the
application submitted at least 6 months prior to the expiration date to be considered "timely."The
landfill's Title V permit expires March 18, 2027 and the renewal application is due to TCEQ no later
than September 18, 2026.
SCS proposes to complete the Title V permit renewal application by July 31, 2026, before the
timeliness deadline in September 2026.This application will not require a fee.The renewal will
consist of a cover letter, forms and checklists,and a certification page.A draft submittal of the
renewal will be provided for you to review. Upon receipt of, and addressing, any comments and the
required signature page,SCS will prepare final submittal copies. We will upload the renewal
application into STEERS, and work with you on submitting the application. We will provide final PDFs
of the submittal with delivery confirmations attached. Our proposed fee includes addressing routine
TCEQ comments on the submittal included in this proposal.
Emissions Fee Calculations
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 2026.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 2026 after TCEQ's fiscal year closes and the per ton fee amount
is established.
Calendar Year 2026 Greenhouse Gas Reporting
We will prepare the required reporting associated with the Federal mandatory GHG reporting rules in
calendar year 2026 for calendar year 2025 emission. 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, 2026.
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.
Ms. Flozelle Roberts
October 8, 2025
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.
Task 7- Resampling (only as needed)
Groundwater monitoring results occasionally indicate that resampling of a well must be conducted 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 two monitoring wells per event 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. Task 8 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 8 costs.
Task 9-Methane Monitoring of GP-9
Due to on-going exceedances of methane in gas probe GP-9, SCS will continue to monitor the probe
monthly. This assumes a maximum six additional GP-9 monthly methane monitoring events for
2025 - 2026. The charge for this service will be on a per GP-9 monthly methane monitoring event
basis, outside of the quarterly monitoring events.
Task 10-Stormwater Pollution Prevention Plan (SWPPP)
On August 14, 2026, the Multisector General Permit(MSGP)to discharge under the Texas Pollutant
Discharge Elimination System will expire. Therefore,this task includes the preparation of an
updated Stormwater Pollution Prevention Plan (SWPPP)to comply with the new MSGP.
The SWPPP will be updated using a document format developed by SCS for similar facilities. SCS will
provide the City with a draft copy of the completed SWPPP in electronic format for internal review
before creating hard copies for distribution to the Landfill. Our proposal assumes that one hard copy
of the final SWPPP will be provided to the City along with one electronic copy(in MS Word, AutoCAD
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October 8, 2025
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and PDF formats). One hard copy will be prepared in a tabbed binder with reporting forms suitable
for long term recordkeeping at the Landfill.
Additionally, SCS will prepare a Notice of Intent(NOI) renewal application for coverage under MSGP
for the facility.This form will be completed online through TCEQ's State of Texas Environmental
Electronic Reporting System (STEERs). Once the forms are completed online,the NOI will need to be
executed by a City representative online through the TCEQ STEERs program.SCS will provide the
client with completed hard and electronic copies of the NOI to be included in the SWPPP.
Task 11 —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.
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.
FEE AND SCHEDULE
Project fees are detailed in Table 1. Billing will be conducted on a lump sum (where appropriate),
monthly percent complete basis.
Table 1. Tabulation of Estimated Fees
Task# Description Proposed
Fee
1 November 2025 Detection Monitoring, Methane Monitoring, $47,900
and Annual Groundwater Report Services
2 February 2026 Methane Monitoring $5,800
3 May 2026 Detection Monitoring, Methane Monitoring, and $47,700
Semiannual Groundwater Report Services
4 August 2026 Methane Monitoring $5,800
5 Air Quality Services $12,100
6 Respond to Future TCEQ Correspondence Regarding $9 900
Groundwater Monitoring *
7 Resampling(Two events and reporting) * $15,300
8 Alternate Source Demonstrations* $8,200
9 Monthly Monitoring of Gas Probe GP-9 (Six events at$1,267 $7 600
event)
10 Stormwater Pollution Prevention Plan (SWPPP) $4,700
11 On-Call Air Services* $6,500
Total $171,500
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*Time-and-materials tasks. 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;
• Amending the 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 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
Ms. Flozelle Roberts
October 8, 2025
Page 8
cc: Mr.Justin Thomas, City of Port Arthur Landfill Manager
Mr.Jorge Morales, Environmental Operations Manager
Ms. Isabella Aguirre, P.E., SCS Engineers
Environmental Management Consultants 1901 Central Drive 12651 Briar Forest Drive
Offices Nationwide Suite 550 Suite 205
Bedford,Texas 76021 Houston,Texas 77077
817.571.2288 Main 281.293.8494 Main
SCS ENGINEERS
SCS ENGINEERS FEE SCHEDULE
(Effective for Length of Tasks Included in this Proposal Dated October 8, 2025)
Labor Category Rate/Hour($)
Business Unit Director 285
Satellite Office Manager 275
Senior Project Advisor 275
Project Advisor 260
Project Director II 240
Project Director I 230
Project Manager IV 225
Project Manager III 215
Project Manager II 205
Project Manager I 190
CQA Manager 200
Senior Project Professional III 190
Senior Project Professional II 185
Senior Project Professional I 180
Project Professional III 175
Project Professional II 165
Project Professional I 155
Staff Professional III 145
Staff Professional II 140
Staff Professional I 135
Associate Staff Professional II 125
Associate Staff Professional I 120
CAD Designer 145
CAD Draftsperson 110
Office Service Manager 135
Administrative Assistant 90
Technical Associate 105
Sr.Technician 115
Technician/CQA Technician 95
1. The hourly rates are effective through March 31, 2026. Work performed thereafter is subject to a
new Fee Schedule issued for the period beginning April 1, 2026. Consistent with federal
regulations, a factor of 150%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., are billed at actual cost plus 15 percent. Vehicle mileage is
billed at $0.85 per mile for autos and $0.95 per mile for company trucks. Daily rates apply on
long-term projects.
3. Invoices will be prepared 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, hourly rates for
• principals of the firm will be on an individually-negotiated basis.
SCS Engr Office 16 Fee schedule 040125-033126 final(003).docx