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HomeMy WebLinkAboutPR 25023: PROFESSIONAL SERVICES AGREEMENT WITH SCS ENGINEERS TO INVESTIGATE METHANE EXCEEDANCES AT GAS PROBE GP-9 AND, IF NECESSARY, PREPARE A REMEDIATION PLAN CIrc of l oft rtItu Fe vas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 2, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Jessie Dehn, Director of Public Works RE: P.R.25023 —Authorizing the City Manager to enter into a contract with SCS Engineers of Houston, Texas, to investigate Methane Exceedances at the Landfill and Prepare a Remediation Plan Introduction: The intent of this agenda item is to seek the City Council's authorization for the City Manager to enter into a contract with SCS Engineers of Houston, Texas,to investigate methane exceedances in gas probe GP-9 and prepare a remediation plan for$46,500.00. Background: SCS Engineers(SCS)completed a quarterly gas monitoring event on May 14,2026, and found elevated methane levels in gas probe 9 (GP-9), approximately 1,000 feet east of the landfill's entrance. Staff determined that no buildings or other structures were at risk, and evacuations and public notifications were unwarranted.The Texas Commission on Environmental Quality(TCEQ),Jefferson County Sheriff Department, Port Arthur Police Department, and Port Arthur Fire Department were notified of the exceedance. In accordance with 30 TAC §330.371(c)3 and Section 5 Remediation Plan of Part III, Attachment 14, Landfill Gas Management Plan, SCS will investigate the cause of the methane levels and, if necessary, develop and implement a remediation plan by July 13,2026. "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 Budget Impact: Funding of$46,500.00 is 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 25023, authorizing the City Manager to enter into a contract with SCS Engineers for$46,500.00 to investigate the cause of the elevated methane levels,develop a remediation plan,and complete monthly methane monitoring with the remediation plan's approval. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR 25023 07/02/2026 LLJ-TNR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SCS ENGINEERS OF HOUSTON, TEXAS, TO INVESTIGATE METHANE EXCEEDANCES AT GAS PROBE GP-9 AND, IF NECESSARY, PREPARE A REMEDIATION PLAN IN THE AMOUNT OF $46,500.00; FUNDS ARE AVAILABLE IN THE PUBLIC WORKS DEPARTMENT LANDFILL DIVISION— PROFESSIONAL SERVICES ACCOUNT NUMBER 403-50-320- 5420-00-00-000. WHEREAS, the City of Port Arthur owns and operates the Municipal Solid Waste Landfill, which is regulated by the Texas Commission on Environmental Quality("TCEQ"); and WHEREAS,pursuant to applicable TCEQ regulations,including 30 Texas Administrative Code §330.371,the City is required to routinely monitor and report groundwater, landfill gas, and air quality conditions at the landfill; and WHEREAS, on May 14, 2026, SCS Engineers ("SCS"), the City's environmental engineering consultant, conducted the required quarterly landfill gas monitoring event and detected methane concentrations in Gas Probe GP-9 that exceeded the regulatory action level established by TCEQ; and WHEREAS, Gas Probe GP-9 is located approximately 1,000 feet east of the landfill entrance, and City staff determined that the exceedance posed no immediate threat to occupied buildings or structures, such that evacuations or public notifications were not warranted; and WHEREAS, consistent with regulatory requirements, SCS promptly notified the Texas Commission on Environmental Quality, the Jefferson County Sheriffs Office, the Port Arthur Police Department, and the Port Arthur Fire Department of the methane exceedance; and WHEREAS, in accordance with 30 Texas Administrative Code §330.371(c)(3) and Section 5 (Remediation Plan)of Part III,Attachment 14 of the Landfill Gas Management Plan,the City is required to investigate the cause of the methane exceedance and, if necessary,prepare and implement a remediation plan within the regulatory timeframe; and WHEREAS, SCS Engineers possesses specialized expertise and institutional knowledge of the City's landfill operations and monitoring system and has submitted a proposal to investigate the methane exceedance at Gas Probe GP-9 and prepare a remediation plan, if required, for a total amount not to exceed $46,500.00, attached hereto as Exhibit "A"; and PR 25023 07/02/2026 LLJ-TNR Page 2 of 3 WHEREAS, the procurement of these professional engineering services is exempt from the competitive bidding requirements pursuant to Section 252.022(a)(4) of the Texas Local Government Code; and WHEREAS, sufficient funds are available in the Public Works Department, Landfill Division, Professional Services Account No. 403-50-320-5420-00-00-000. 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 Manager is hereby authorized to execute a Professional Services Agreement with SCS Engineers of Houston, Texas, in an amount not to exceed $46,500.00, substantially in the form attached as Exhibit "A," for the investigation of methane exceedances at Gas Probe GP-9 and the preparation of a remediation plan, if required. THAT, funding for this Agreement is available in the Public Works Department, Landfill Division, Professional Services Account No. 403-50-320-5420-00-00-000. 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. 2026 at a meeting of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers: Noes: Charlotte M. Moses, Mayor ATTEST: Christe Whitley Ned, TRMC City Secretary lir PR 25023 07/02/2026 LLJ Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVED FOR ADMINISTRATION: `,A Ronald Burton, CPM City Manager Jessie Dehn Director of Public Works APPROVED FOR AVAILABILITY OF FUNDS: Clifto' E. Williams, Jr., CPPB Purcha g Manager -� da Boswell, MA- M, MA Director of Finance P. R. 25023 EXHIBIT 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 for 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 remain in effect for an estimated (12) months or until services are complete, including the time necessary to develop the project deliverables, subject to change upon request or mutual agreement(s). 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. 2.4 Upon notice of termination by Professional or City,Professional shall immediately surrender all project documents produced by Professional and its subcontractors up to and including the date on which termination notice was given. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the"Schedule"), which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time,for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five(5)business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement � l Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A and in accordance with the Rate Schedule in an amount not to exceed$46,500.00 for said services. 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 are unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time,Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, a copy of the Rate Schedule is attached hereto as Exhibit 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. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 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: City of Port Arthur, Texas Attention: Ronald Burton, CPM, City Manager 444 4th Street Port Arthur, Texas 77640-1089 Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement 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. Page 5 of 11 City of Port Arthur, Texas Professional Services Agreement Mr 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 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. Page 6ofll City of Port Arthur, Texas Professional Services Agreement 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, CPM, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Roxann Controneo, Esq., City Attorney If intended for Professional: SCS Engineers 12651 Briar Forest, Suite 205 Houston, Texas 77077 (281)293-8494 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. Page 7of11 City of Port Arthur, Texas Professional Services Agreement 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 Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement 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 means all oral and written information concerningthe City, its herein, "Confidential Information" an tY affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public,proprietary or confidential nature including,without limitation,information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses,compilations,studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both;and(2)the terms of this Agreement are not intended to release,either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] Page 9 of 11 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2026. CITY: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By: Ronald Burton, City Manager ATTEST: Christe Whitley Ned, TRMC, City Secretary APPROVED AS TO FORM: Roxann Controneo, City Attorney EXECUTED this day of , 2026. PROFESSIONAL: SCS Engineers By: , Owner/Consultant Page 10 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/ Schedule Page 11 of 11 City of Port Arthur, Texas Professional Services Agreement SCS ENGINEERS Environmental Consultants & Contractors June 24, 2026 Mr.Jorge Morales Sent via email Environmental Operations Manager City of Port Arthur Landfill 4732 Texas 73 Port Arthur,Texas 77705 Subject: Proposal to Investigate Methane Exceedances in Gas Probe GP-9 and Prepare a Remediation Plan City of Port Arthur Landfill Port Arthur, Texas Dear Jorge: SCS Engineers (SCS) is presenting this scope of services to investigate the source of methane exceedances noted in gas probe GP-9 during the recent gas monitoring event at the City of Port Arthur Landfill and prepare a remediation plan to address the exceedances. On May 14, 2026,SCS Engineers completed a quarterly landfill gas monitoring event at the City of Port Arthur Landfill. During this event, a methane level of 62.3% by volume was detected in landfill gas monitoring probe GP-9 located on the southern boundary of the landfill approximately 1,000 feet east of the landfill entrance. The methane gas detection equipment was recalibrated according to manufacturer's recommended procedures and the gas probe was again sampled with a methane level of 61.4% by volume. SCS personnel immediately informed the landfill manager, Mr. Justin Thomas. It was determined that there were no buildings or structures within 1,000 feet of GP-9. SCS and Mr.Thomas determined that there were no nearby buildings or structures that were at risk and no evacuations of buildings or structures were warranted. On May 15, 2026, SCS again recalibrated the gas detection equipment according to manufacturer's recommended procedures and the gas probe was again sampled with a recorded methane level of 48.8% by volume. In accordance with Section 4.1.1.2 Permit Boundary of Part III, Attachment 14, Landfill Gas Management Plan, the landfill is required to notify the Executive Director through the regional office, local and county officials, emergency officials, and the public. On May 14, 2026, SCS Engineers notified the following entities: • TCEQ MSW Permits Section, Austin (via mailed copy to Megan Henson and to • TCEQ Region 10, Beaumont(via telephone and mailed copy to Kathryn Sauceda); 12651 Briar Forest Drive,Ste.205, Houston,TX 77077 1817-358-6162 1 Fax 281-293-7878 r. Mr. Jorge Morales June 24, 2026 Page 2 • Port Arthur Police Department(via telephone and mailed copy); and • Port Arthur Fire Department(via telephone and mailed copy) Since there were no structures within 1,000 feet of GP-9, no notifications to members of the public were made. In accordance with 30 TAC§330.371(c) 3 and Section 5 Remediation Plan of Part III,Attachment 14, Landfill Gas Management Plan, SCS Engineers will investigate the cause of the methane levels at the area of concern. If necessary,a remediation plan will be implemented within 60 days (i.e., before July 13, 2026). A copy of the remediation plan will be placed in the operating record and provided to the executive director with a notification that the plan has been implemented. SCOPE OF WORK Task 1 -Methane Investigation SCS will complete a field investigation to determine the lateral and vertical extent of the methane exceedances in the area of GP-9 using soil vapor measurements. This scope of work includes the advancement of soil methane gas survey points using direct push technology in a grid pattern. The points will be monitored beginning approximately 100 feet of GP-9 and move outwards at approximately 25-foot intervals in each direction until methane is not detected to attempt to determine the lateral and vertical extent of methane. The survey points will be advanced to the top of groundwater. Methane will be measured using a GEM 5000+ methane monitoring device. SCS will review the data from the investigation and work with City staff to determine a remediation plan if necessary. Task 2—Monthly Methane Monitoring SCS proposes to monitor gas probe GP-9 monthly until a remediation plan has been approved and implemented. For the purposes of this estimate, SCS assumes a minimum of two quarters of monitoring. If additional monitoring is necessary, SCS will contact the City prior to the additional activities for approval of additional funds. Task 3—Remediation Plan and Permit Modification If necessary, SCS will prepare a remediation plan and permit modification to address the methane exceedance at GP-9. This will include a plan for the proposed remediation. SCS will prepare a permit modification to incorporate a Remediation Plan to the Landfill Gas Management Plan. This modification will be a Notice Modification. SCS will prepare the submittal letter;the Part I form (for the City's signature); submit the $150 permit modification fee; prepare the landowner list and map for all landowners within 1/4 mile of the landfill; prepare Part III,Attachment 14,July 2026 Remediation Plan;and prepare a redline/strikeout set of the permit documents. SCS will submit this permit modification package and address any TCEQ comments. Upon Technical Approval of the permit modification, SCS will conduct the mail-out and prepare a certification for the City's signature and submittal to the TCEQ. Mr. Jorge Morales June 24, 2026 Page 3 SCS has budgeted for minor TCEQ comments on the above requests. Since it is difficult to determine the extent of the TCEQ's comments, if additional budget is required, SCS will contact the City prior to addressing the comments for approval of additional funds. SCHEDULE SCS proposes to initiate work immediately upon receipt of notice to proceed from the City. FEES SCS proposes to conduct the Task 1, Methane Investigation on a lump sum basis for $20,000; Task 2, Methane Monthly Monitoring for $11,000; Task 3, Remediation Plan and Permit Modification for $15,500. 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, implementation of remediation plan) or other tasks, will constitute a change order for additional services, or prepared as additional task orders. The costs to implement the remediation plan are not included and will be provided to the City once the appropriate course of action has been determined. CLOSING We appreciate the opportunity to assist the City with this project. 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, 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 SCS ENGINEERS June 24, 2026 Via Email File No. 16219097.22 Mr.Justin Thomas City of Port Arthur Landfill 4732 TX-73 Beaumont, TX 77705 Subject: May 2026 Quarterly Gas Monitoring Report City of Port Arthur Landfill,Jefferson County,Texas Permit No. MSW-1815A Dear Mr. Thomas: SCS Engineers(SCS) is pleased to submit to the City of Port Arthur the attached copy of the results of quarterly gas probe monitoring conducted on May 14, 2026, at the City of Port Arthur Landfill. During this sampling,all probe readings were below the regulatory limits,with the exception of GP-9. Methane was detected within GP-9 at a concentration of 62.3% CH4 and further verified at concentrtaions of 61.4%, 48.8%, and 64.0%. SCS is currently addressing this exceedance and following steps laid out within the site's Landfill Gas Management Plan. We appreciate the opportunity to provide these services to the City of Port Arthur. Please call us at (817) 358-6162 if you have questions or require further information. autitict_gaboad.E.--fm Asher Boudreaux, P.G. Gil Gabaldon, P.G. Project Professional Senior Project Proffessional SCS ENGINEERS SCS ENGINEERS Attachments: May 2026 Gas Report 1901 Central Dr., Ste. 550, Bedford, TX 76021 1817-571-2288 I eFax 817-571-2188 0 City of Port Arthur Landfill (MSW-1815A) Landfill Gas Monitoring Report Sampled by: Richard Galan Date: 5/14/2026 Temperature: Barometric Weather: Sunny 80°F Pressure: 30.03 bar Monitoring Equipment:GEM 5000 I % Static Pressure 02% Depth to Probe Integrity Probe Methane LEL' W.C.2 Groundwater Verified? No. 0-100 0-100 (Optional) (Optional) ft.(TOC) (Yes/No) GP-1R 0 0 0.02 19.1 1 5.1 Yes GP-2R 0 0 0.05 19.2 4.78 Yes GP-3R 0 0 -0.05 19.2 4.90 Yes GP-4R 0 0 -0.04 19.1 4.85 Yes GP-5R 0 0 0.02 19.0 8.32 Yes GP-7R 0 0 0.02 19.8 4.89 Yes GP-8 0 0 0.03 15.9 2.50 Yes GP-9 62.3 100 0.00 0.90 4.43 Yes GP-10 0 0 0.01 16.1 6.82 Yes GP-11 0 0 0.01 17.3 7.23 Yes GP-12 0 0 0.00 19.6 4.60 Yes GP-13 0 0 -0.01 15.8 7.20 Yes GP-14 0 0 -0.01 19.5 5.80 Yes GP-15 0 0 0.01 8.80 10.01 Yes GP-16 0 0 0.00 10.0 2.61 Yes GP-9 Verification Date % % Static Pressure O,% Depth to Probe Integrity Methane LEL' W C z Groundwater Verified? Time 0-100 0-100 (Optional) (Optional) ft.(TOC) (Yes/No) 5/14/2026 61.4 100 N/A N/A N/A N/A 12:17 5/14/2026 48.8 100 N/A N/A N/A N/A 13:45 5/15/2026 64.0 100 N/A N/A N/A N/A 14:05 °o Methane3 Verify Continuous Onsite Structures 0-100 LFG Alarm Comments Operational Scalehouse 0 Yes Checked @ 13:04 Break Room 0 Yes Checked @ 13:16 Pump House 0 Yes Checked @ 12:46 Shed 0 Yes Checked @ 13:11 Gas Meter Field Calibration Equipment:GEM 5000 Quarterly Event:Q2 Date/Time: 5/14/2026 Serial No.:G506764 Calibrated by:RG Calibration Success:Fail Pass HIGH CH4 (%vol) LOW CH4 (%vol) Calibration Gas Standard 50 15 Instrument Reading 50 15 J Signature: %LEL-(20)X(Observed%methane)—Note:Record>100%in LEL column if%methane is over 5% 2 W.C.-Water Column(inches). t Percent methane may be monitored using portable gas detectors quarterly.