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HomeMy WebLinkAboutPR 19145: 2 YEAR AGREEMENT WITH SCS ENGINEERS, GROUNDWATER MONITORING City of 7exus INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV. Date: September 8, 2015 To: Brian McDougal, City Manager From: Rawetts Baaheth, Sr., Interim Public Works Director RE: Proposed Resolution No. 19145 RECOMMENDATION It is recommended that the City Council approve Proposed Resolution No. 19145 authorizing the City Manager to execute a two year agreement with SCS Engineers of Bedford, Texas for groundwater monitoring at a total price of $105,940. Funds are available in Account No. 403-1274-533.54-00 in the Public Works-Landfill Division FY 2015 Budget. BACKGROUND: The Texas Commission on Environmental Quality (TCEQ) rules requires that the groundwater must be monitored at the City's landfill. TCEQ rules also require that a registered geologist and environmental engineer perform this service. SCS Engineers has handled the groundwater monitoring as well as other environmental tasks at the landfill for several years. They are very familiar with the landfill operation and the unique challenges with the groundwater under the site. SCS Engineers can perform this service for a total price of $105,940. This procurement for professional services is authorized pursuant to Section 252.022(4) of the Local Government Code. BUDGETARY/FISCAL EFFECT: Funds are available in the Public Works-Landfill Division FY 2015 Budget, Account No. 403-1274- 533.54-00 EMPLOYEE/STAFF EFFECT: Acceptance of this recommendation will have no effect on staffing levels at this time. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 19145 authorizing the City Manager to execute a two year agreement with SCS Engineers of Bedford, Texas for groundwater monitoring at a total price of $105,940. Funds are available in Account No. 403-1274-533.54-00 in the Public Works-Landfill Division FY 2014 Budget. "Remember we are here to serve the Citizens of Port Arthur" P.R. 19145 Page 1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO YEAR AGREEMENT WITH SCS ENGINEERS OF BEDFORD, TEXAS FOR GROUNDWATER MONITORING AT THE CITY LANDFILL FOR A TOTAL COST OF $105,940. FUNDS ARE AVAILABLE IN ACCOUNT NUMBER 403-1274-533.54- 00. WHEREAS, The City is required to monitor the groundwater at the Landfill according to Texas Commission on Environmental Quality (TCEQ) rules; and, WHEREAS, A registered geologist and environmental engineer are required to perform this task; and, WHEREAS, this procurement for professional services is authorized pursuant to Section 252.022(4) of the Local Government Code; and, WHEREAS, SCS Engineers has been selected as the professional of choice because of their demonstrated competence and qualifications in the field as mandated by Government Code Section 2254.002 and 2254.003; and, WHEREAS, SCS Engineers of Bedford, Texas can perform this service for a total price of $105,940 billed according to Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager be and he is hereby authorized to execute a two year agreement with SCS Engineers of Bedford, Texas for groundwater monitoring for a total price of $105,940; and, THAT funding is available in FY2015 Budget Account No. 403-1274-533.54-00, and, P.R. 19145 Page 2 THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of A.D., 2015, at a meeting of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers NOES: Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED AS TO AVAILABILITY OF FUNDS: \rai. opfut.A.04., Valecia Tizen Clifton Williams, CPPB City Attorney Acting Director of Purchasing APPROVED FOR ADMINISTRATION: Brian McDougal Jerry Da e, CPA City Manager Interim Director of Finance ...-- azi___etta .. .Wefts wetts T. Baaheth, Sr Interim Director of Public Works P.R. 19145 9/9/15 rtb Page 3 EXHIBIT A Solid Waste Management Consultants Dallas / Fort Worth Office 817-571-2288 Main Offices Nationwide 1901 Central Drive 800-579-6671 Suite 550 817-571-2188 FAX Bedford, Texas 76021 SCS ENGINEERS August 20, 2015 SCS Proposal No. 160102215 Mr. Mike Tentrup City of Port Arthur Operations Center 201 H.O. Mills Blvd Port Arthur,Texas 77641 Subject: Proposal for Groundwater Monitoring Services—Two-Year Period For the City of Port Arthur Landfill Dear Mike: In response to the City's recent request, SCS Engineers (SCS) is pleased to present this proposal for continuing to provide groundwater monitoring services for the City of Port Arthur Landfill (Landfill). SCS has appreciated the opportunity to provide groundwater monitoring services thus far, and we look forward to continuing to provide these important services for the City. Consistent with prior years, in order to provide the best value for the City, this scope of work covers a two- year period, from November 2015 through October 2017. Changes Compared to Previous Service Period. SCS is recommending continuing the cost savings achieved by the City conducting the gas probe monitoring in those quarters in which SCS is not on site providing semiannual services,because all groundwater monitoring wells are now in semiannual monitoring status. This proposal scope and fee incorporates changes requested by Texas Commission on Environmental Quality (TCEQ) in its letter to all municipal solid waste landfill owner/operators dated December 22, 2014. Although this letter details additional, new requirements that will be met by SCS, the fees proposed herein are the same as for the previous two-year contract period, with a 2% adjustment for inflation only. No changes to the monitoring system are envisioned during the period of this proposal,except that monitoring wells MW-21 and 22 will be raised due to anticipated pond construction. This will require a permit modification before the change and a monitoring well report after the change. SCS has provided scope and budget herein for changes related to raising MW-21 and 22 consistent with TCEQ requirements. Background-- SCS Experience. SCS has continuously provided cost-effective environmental monitoring services for the City of Port Arthur Landfill since 2004. In that time period, we have assisted the City in maintaining a record of compliance with TCEQ's monitoring rules, including addressing various considerations that have avoided costly assessment monitoring. Also, our MABD\Proposals\Port Arthur\GWM\P082020I5 Pt Arthur 2-yr GWM+Gas.docx SCS ENGINEERS August 20, 2015 Mr. Mike Tentrup Page 2 team's various projects at the City's landfill (permitting, design, landfill gas management, and construction quality assurance) enable our team to fully understand the inter-relationship of environmental issues that may impact groundwater, such as landfill gas and fluctuations in groundwater levels. SCS is a highly qualified national provider of a full range of solid waste services. The Engineering News Record has ranked SCS as the Number One consulting firm in the United States providing solid waste services numerous times. Expertise of Project Team. We will continue to use the same project team for the City's groundwater monitoring project. Jim Lawrence, P.G., will serve as the project manager; Kevin Yard, P.E.,engineer-of-record for the landfill expansion project, will provide technical support, as needed. Other support staff includes SCS' trained field technicians and other geologists and engineers. Our project team will continue to work closely with the City in managing your groundwater monitoring program. Further details on our project team are included in Section 3.0. Upon request, we would be pleased to provide you with more information on the expertise and experience on SCS and our project team. Credibility with TCEQ. By providing groundwater monitoring services to approximately 15 landfills in Texas for many years,we have maintained an up-to-date awareness of the continuously evolving policies and regulations of the TCQ in this rapidly changing technological area. Through our active involvement in a broad variety of solid waste projects, we remain up-to-date and knowledgeable regarding the state's regulatory processes. In particular, we meet regularly with TCEQ, and maintain numerous beneficial contacts within several levels of the TCEQ Solid Waste Permitting Group. We have been requested by the TCEQ to serve on various stakeholder committees. In representing our clients and striving to improve the solid waste regulatory programs, we have recently provided commentary to various regulatory programs, including changes to the TCEQ's groundwater monitoring regulations. Ability to Achieve Timely Completion of All Tasks. SCS employs more than 750 individuals in 40 offices nationwide,including three offices in Texas. SCS is an employee-owned firm specializing in solid waste management. Our employee ownership is a key ingredient to our commitment to client service. SCS has built a reputation of client service in Texas by providing on-time services of the highest quality at landfills and other solid waste facilities throughout Texas for over ten years. We appreciate the opportunity to contribute to the continued success of the City's Landfill. Given our familiarity with the City's groundwater program, our understanding of how the groundwater program inter-relates with various other aspects of the Landfill,and our commitment to the further success of the City's solid waste program, SCS is well-positioned to continue to provide groundwater monitoring services for the City. We look forward to discussing this with you at your convenience and to continue our relationship with the City of Port Arthur. M:\BD\Proposals\Pon Arthur\GWM\P08202015 Pt Arthur 2-yr GWM+Gas.docx SCS ENGINEERS 'August 20, 2015 Mr. Mike Tentrup Page 3 1 .0 PROJECT BACKGROUND The pre-Subchapter J groundwater monitoring system was certified in April, 1996 with eight wells. Due to the solid waste Subchapter J rules adopted in 2006,nine additional groundwater monitoring wells have been installed, and two existing wells were approved for plugging. All wells are now in semiannual monitoring. In summary, the current system consists of 15 wells. Table 1 shows the groundwater monitoring system details. Table 1. Monitoring Well Information Well Name Completion Status Depth,feet Date MW-1 (U) October 9, 1987 Detection 30.5 MW-4 (D) October 12, 1987 Detection 27.6 MW-5 (D) October 9, 1987 Detection 27.5 MW-6 (D) October 9, 1987 Detection 30.3 MW-7 (D) March 15, 1996 Detection 22.8 MW-8 (D) March 15, 1996 Detection 25.9 MW-18(D) June 9,2009 Detection 24.0 MW-19(D) June 9,2009 Detection 23.5 MW-20(D) June 9,2009 Detection 24.0 MW-21 (D) June 9,2009 Detection 24.0 MW-22(D) June 10,2009 Detection 24.0 MW-23(D) September 30,2009 Detection 25.0 MW-24(D) September 30,2009 Detection 25.0 MW-25 (D) September 29,2009 Detection 25.0 MW-26(D) September 29,2009 Detection 25.0 *Note: (U)=upgradient well;(D)=downgradient well M:\BD\Proposals\Port Arthur\GWM\P08202015 Pt Arthur 2-yr GWM+Gas.docx SCS ENGINEERS 'August 20, 2015 Mr. Mike Tentrup Page 4 2 .0 SCOPE OF WORK, BASIC SERVICES This scope of work covers semiannual groundwater monitoring for a two-year period, from November 2015 through October 2017. The project scope also includes tasks for: • Permit Modification Without Public Notice to Raise Monitoring Wells • Report of Change to a Monitoring Well • Responding to TCEQ Correspondence • Resampling of Monitoring Wells • Alternate Source Demonstrations Task 1 — November 2015 Detection Monitoring, Methane Monitoring, and Annual Groundwater Report Services Field Services A qualified field technician will sample all monitoring wells in accordance with the site 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. Samples will be packaged and sent to the lab for analysis. SCS will also inspect the well pads and clear vegetation as necessary. During the same time that groundwater wells are sampled, the SCS field technician will monitor methane concentrations in the eight perimeter gas probes and gate house. Each time monitoring is conducted,the integrity of the monitoring wells and gas monitoring probes 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 well/monitoring probe 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. • Verify that the inner casing is intact. If damage or excessive wear to a well or gas monitoring probe is observed, it will be reported to the Landfill Manager. M:\BD\Proposals\Port Arthur\GWM\P08202O15 Pt Arthur 2-yr GWM+Gas.doca S CS ENGINEERS August 20, 2015 Mr. Mike Tentrup Page 5 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. Reporting Services Lab Analysis SCS will oversee all lab-related activities for the project. SCS will coordinate with the lab prior to sampling to order the appropriate sample containers. After sampling is complete, SCS will be responsible for proper delivery to the lab. SCS will monitor the progress of sample testing, and address lab issues as they arise. Metals analysis on these wells will be for total metals, as required under the Subchapter J rules. Reporting SCS will compile a report of test results for TCEQ as required by 30 TAC 330.407. The Texas Page Ones (Form 0312) will first be submitted to the City for signature. The data will be merged into 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. Statistical analysis will be conducted as required by 30 TAC 330.407(b) for all wells. Note that TCEQ now requires statistical analysis of data from all wells that have completed background data collection, upgradient and downgradient; the previous requirement was to do statistical analysis only on downgradient wells. We anticipate continuing to use the well-accepted Sanitas® software to conduct the analysis, for which the City of Port Arthur owns a site license. TCEQ solid waste staff are familiar with this software;SCS personnel continue on an ongoing,regular basis to attend Sanitas® training side-by-side with TCEQ personnel. SCS staff have utilized this statistical software for numerous Texas landfills. The draft report cover letter will be submitted to the City for review and comment prior to submitting a final draft to the City and TCEQ within 60 days of sampling. An electronic copy of the event results will be e-mailed as required by the TCEQ. SCS will submit two copies of the final report to the City. In addition, this task scope includes preparing and submitting the annual report that is a requirement under Subchapter J rule 30 TAC 330.407(c). The report will include 2015 events as appendices. A cover letter will summarize all activities for the previous year, provide an updated groundwater flow map as required by 30 TAC 330.407(c)(4), and updated groundwater flow velocity calculations as required by 30 TAC 330.407(c)(3). SCS will submit two copies of the annual report to the City and three copies to TCEQ, including an electronic copy on CD. M:\BDWroposals\Port Arthur\GWM\P08202015 Pt Arthur 2-yr GWM+Gas.docx SCS ENGINEERS August 20, 2015 Mr. Mike Tentrup Page 6 Task 2 — May 2016 Detection Monitoring, Methane Monitoring, and Semiannual Groundwater Report Services This task has the same scope as Task 1, except a leachate sample will also be obtained. Annual leachate sampling is now incorporated into these proposed services due to the elevated importance of avoiding the substantially increased cost of assessment monitoring. Leachate analysis results can be an important tool for demonstrating that a detection in a monitoring well is not due to a release from the Landfill, by proving that the constituent is not present in the leachate. All gas probes will also be monitored. Task 3 — November 2016 Detection Monitoring and Methane Monitoring, and Annual Groundwater Report Field Services This event has the same scope as task 1, including gas probe monitoring. Task 4 — May 2017 Detection Monitoring, Methane Monitoring, and Semiannual Groundwater Report Services This event has the same scope as task 2. Task 5—Permit Modification to Raise Wells As described previously, monitoring wells MW-21 and 22 have to be raised to allow pond construction. This will require a Permit Modification without Public Notice. The Permit Modification will be prepared consistent with 30 TAC 330.70(j), Permit Modification not requiring public notice. The City will not have to submit letters of notification to the public. This submittal will consist of: • A Permit Modification transmittal letter summarizing the request, • A TCEQ Part I Form, • Transmittal letter and check to the TCEQ Chief Clerk's Office for$150, • Proposed Permit revisions using redline/strikeout to highlight changes, and • Proposed Permit revisions incorporated in a clean copy of the Permit Modification Request. The $150 application fee is included in this scope of services. The scope and fee are based on the assumption that one permit drawing will require revision. The TCEQ usually responds to Permit Modification Requests with one or more Notices of Deficiency (NODs). Based on our experience with similar permit modifications, the scope and fee included herein include four hours of time to respond to TCEQ comments on this Permit Modification Request. If more time is required, this will be considered an additional service, not included in the scope of this Task. M:\BD\Proposals\Port Arthur\GWM\PO8202015 Pt Arthur 2-yr GWM+Gas.docx SCS ENGINEERS August 20, 2015 Mr. Mike Tentrup Page 7 Task 6 — Report of Monitoring Well Change to TCEQ A report shall be prepared as required by 30 TAC 330.421(e) to describe the change to MW-21 and MW-22. SCS anticipates providing a draft submittal for City review within 30 days of receiving survey results. City comments will be incorporated into a final draft to be submitted to TCEQ(three copies) and the City(two copies). We have assumed that the raising of the wells will be performed by the contractor selected to construct the north pond, consistent with SCS construction plans and specifications. As such, the cost of raising the wells in not included in budget for this scope of services. Contingency Task 7 — Respond to Future TCEQ Correspondence Regarding Groundwater Monitoring This task allows for 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 7 will be billed on a time-and-materials basis utilizing SCS' current fee schedule. The City will be consulted and approval obtained prior to incurring any Task 7 costs. Task 8—Resampling Groundwater monitoring results occasionally indicate that resampling of a well must be conducted in order to avoid the cost of regulatory actions such as assessment monitoring or corrective measures. SCS takes all possible measures to avoid the need for resampling, including lab re- analysis, additional statistical analysis, and implementing Alternate Source Demonstrations where possible. As a result, the requirement for resampling is not a common occurrence at the City of Port Arthur Landfill. The Task 8 total budget allows for two resampling events for the two-year term of this proposal, although history indicates and SCS estimates this will not be required. The City will be consulted and approval obtained prior to incurring any Task 8 costs. Task 9—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 9 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 with the likely maximum level of effort and cost. It is unlikely that this level of effort would be required, and the City will only be invoiced for costs actually incurred. Also,the City will be consulted and approval obtained prior to incurring any Task 9 costs. M:\BD\Proposals\Port Arthur\GWM\P08202015 Pt Arthur 2-yr G WM+Gas.docx SCS ENGINEERS 'August 20, 2015 Mr. Mike Tentrup Page 8 3 . 0 PROJECT TEAM Below is a brief summary of the proposed project team, who all have experience with the City of Port Arthur Landfill. Kevin D. Yard, P. E., BCEE -Project Director Mr. Yard will continue to serve as project director and will establish the overall objectives of the project staff for this project. As you know, he has served as the engineer-of-record for the permit amendment project for the expansion of the City's landfill and for various projects since that time. As project director, Mr. Yard will be available to communicate with the City, as needed. Mr. Yard's 30+ years of engineering experience have focused primarily on the design,permitting, and monitoring of solid waste facilities. Mr. Yard is a registered professional engineer in five states, including Texas. He is also currently serves as the Director of the Landfill Management Technical Division of the Solid Waste Association of North America (SWANA). James Lawrence, P. G. - Project Manager Mr. Lawrence is a Texas-licensed professional geologist with 30 years of experience with Texas geology,and 20 years working exclusively with Texas solid-waste related groundwater issues. He has specialized in providing landfill groundwater monitoring services for numerous municipalities in Texas. He has developed considerable expertise in the use of groundwater statistics consistent with TCEQ requirements. He has extensive experience with the hydrogeology and monitoring issues of solid waste landfills in the Texas Gulf Coast area. Mr. Lawrence supervised the development of Attachments 4, 5 and 11 for the permit amendment application for the expansion and upgrade on the Port Arthur Landfill, and the Subchapter F and J groundwater-related Permit Modifications required by the new solid waste rules adopted in 2006. As such, he is very familiar with the site hydrogeology and groundwater monitoring program. He is also the hydrogeologist providing project management on groundwater monitoring services provided thus far to the Landfill. He will serve at SCS's primary point of contact with the City for this project. Field Technicians SCS employs field technicians who receive background,as well as on-going training in the sample collecting techniques and related chain-of-custody procedures required for assuring that quality samples are delivered to the analytical laboratories. SCS expects to utilize field personnel who have extensive experience with the City of Port Arthur Landfill. M:\BD\Proposals\Pott Arthur\GWM\P08202015 Pt Arthur 2-yr GWM+Gas.docx SCS ENGINEERS 'August 20, 2015 Mr. Mike Tentrup Page 9 4 . 0 FEE Project fees are detailed in Table 2. Billing will be conducted on a lump sum, monthly percent complete basis. Fees include a 2% increase in year two to account for inflation. Table 2: Tabulation of Estimated Fees TASK FEE NUMBER TASK DESCRIPTION ESTIMATE 1 November 2015 Semiannual Field Sampling and Annual $23,740 Reporting Services 2 May 2016 Semiannual Field Sampling and Semiannual $19,700 Reporting Services 3 November 2016 Semiannual Field Sampling and Annual $24,300 Reporting Services 4 May 2017 Semiannual Field Sampling and Semiannual $20,100 Reporting Services 5 Permit Modification to Raise Wells $2,600 6 Report of Monitoring Well Change to TCEQ $1,400 7 Respond to TCEQ Correspondence* $5,200 8 Resampling* $2,700 9 Alternate Source Demonstrations* $6,200 Total $105,940 *Time-and-materials tasks requiring additional City authorization prior to incurring costs. As noted above,these tasks will be invoices using SCS' current fee schedule. M:\BD\Proposals\Port Arthur\GWM\P082O2015 Pt Arthur 2-yr GWM+Gas.docx SCS ENGINEERS 'August 20, 2015 Mr. Mike Tentrup Page 10 5 .0 ADDITIONAL SERVICES As with our current monitoring project, the following services are not a part of this scope, and will be considered additional services. No such additional services will be initiated by SCS prior to receiving the City's approval: • Sampling for constituents not listed in the GWSAP. • Field 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 waste water. 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 GWSAP. • Sampling and analyzing water samples from wells other than the 15 Subtitle D groundwater monitoring wells and one leachate sample/year. M:\BD\Proposals\Port Arthut\GWM\P08202015 Pt Arthur 2-yr GWM+Gas.docx SCS ENGINEERS August 20, 2015 Mr. Mike Tentrup Page 11 SUMMARY SCS appreciates this opportunity to continue to provide these groundwater services for the City of Port Arthur. For your consideration, we are including the City's latest agreement form. In view of our history of working with the City, we have not included a Statement of Qualifications. Nevertheless, we would be please to provide further information on our qualifications and experience,if you deem appropriate. If you have any questions related to this proposal,please feel free to contact us at (817) 571-2288. Sincerely, rfr'4._("( Kevin D. Yard, P.E., BCEE James Lawrence, P.G. Vice President Manager of Groundwater Services SCS ENGINEERS SCS ENGINEERS Attachments: Agreement (as previously approved by the City's attorney) M:�BD\Proposals\Port Arthut\GWM\P08202015 Pt Arthur 2-yr GWM+Gas.docx SCS ENGINEERS THE STATE OF TEXAS § COUNTY OF JEFFERSON § CONTRACT FOR PROFESSIONAL SERVICES (NON-FEDERAL FORM) PART I - AGREEMENT THIS AGREEMENT,entered into as of this the day of_,2015,by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") acting herein by its CITY MANAGER,hereunto duly authorized and SCS Engineers of Bedford,Texas,(hereinafter called the "ENGINEER") acting herein by Kevin D. Yard, P.E., BCEE, Vice President, hereunto duly authorized: WITNESSETH THAT: WHEREAS, the CITY desires to engage the Engineer to (1) render certain technical and professional services hereafter described in"Scope of Services"or(2)perform certain work hereafter described in "Scope of Services": NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. EMPLOYMENT OF ENGINEER The CITY hereby agrees to engage the ENGINEER and the ENGINEER hereby agrees to perform the "Scope of Services"hereinafter set forth. This contract shall be performed in Jefferson County,Texas. 2. SCOPE OF SERVICES A. BASIC SERVICES SEE SECTION 2.0 OF ATTACHED PROPOSAL DATED AUGUST 20,2015 DESCRIBING BASIC SERVICES. ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5. B. ADDITIONAL SERVICES All work performed by ENGINEER at request of CITY which is not included in the Basic Services defined above,shall constitute Additional Services. Unless included in said Basic Services, Additional Services may include but are not limited to the following: Page 1 (1) Studies,tests,and process determination to establish basis of design for water and waste treatment facilities. (2) Land surveys and establishment of boundaries and monuments, and related office computation and drafting. (3) Preparation of property or easement descriptions. (4) Preparation of any special reports required for marketing of bonds. (5) Small design assignments (estimated construction cost less than $100,000). (6) Appearances before regulatory agencies. (7) Assistance to the CITY as an expert witness in any litigation with third parties, arising from the development or construction of the Project, including preparation of engineering data and reports. (8) Special investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of rate schedules; earnings and expense statements; special feasibility studies; appraisals; evaluations; and material audits or inventories required for certification of force account construction performed by the CITY. (9) Special soil and foundation investigations, including field and laboratory tests, borings, related engineering analyses, and recommendations. (10) Detailed mill, shop and/or laboratory inspection of materials or equipment. (11) Travel and subsistence required of the ENGINEER and authorized by the CITY to points other than CITY'S or ENGINEER'S offices and Project site. (12) Additional copies of reports over ten (10) sets and additional sets of Contract Document over twenty(20) sets. (13) Preparation of applications and supporting documents for government grants or planning advances for public works projects. (14) Preparation of environmental statements and assistance to CITY in preparing for, and attending public hearings. (15) Plotting,computing, and filing plats of subdivisions; staking of lots; and related land planning and partitioning functions. (16) Revision of contract drawings after a definite plan has been approved by the CITY, redrawing of plans to show work as actually constructed. (17) Services after issuance of Certificate of Completion. (18) Services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify accuracy of drawings or other information furnished by Client. (19) Preparation of operating instructions and manuals for facilities and training of personnel and assistance in operation of facilities. (20) Additional or extended services during construction made necessary by work damaged by fire or other cause during construction, defective or neglected work of contractor; services rendered after prolongation of construction contract time by more than 20%, acceleration of work schedule involving services beyond normal working hours; or default • Page 2 under construction contract due to delinquency or insolvency. (21) Providing any other service not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. (22) Any other special or miscellaneous assignments specifically authorized by CITY. (23) Additional Services as described in Section 5.0 of SCS' August 30, 2015 proposal. ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5. 3. TIME OF PERFORMANCE ENGINEER will proceed immediately upon execution of this Contract with performance of the services called for under the Basic Services with completion within 27 months of the Notice To Proceed issued by the CITY, unless delayed by causes outside the control of ENGINEER, and will proceed with subsequent work only on authorization by CITY. ENGINEER shall immediately submit to CITY in writing evidence of delay satisfactory to the CITY Engineer's reasonable discretion, upon which an extension of time equal to the period of actual delay shall be granted in writing. 4. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER It is agreed that the CITY will furnish, without charge, for the use of the Contract information,data,reports,records,and maps as are existing,available,and necessary for the carrying out of the work of the ENGINEER as outlined under "Scope of Services." The CITY and its agencies will cooperate with the ENGINEER in every way possible to facilitate the performance of the work described in this Contract. 5. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION CITY will pay ENGINEER for work performed and services rendered under Paragraph 2 "Scope of Services", (Basic Services and Additional Services) at the following rates: It is agreed that total fees for Basic Services under this Contract,as defined in Paragraph 2A and based on the preceding schedule, shall not exceed$105,940. B. PAYMENT ENGINEER will invoice CITY monthly for its services and charges incurred by ENGINEER for subcontracted engineering services performed under the direction and control of ENGINEER as described herein. CITY agrees to pay ENGINEER at his office the full amount of each such invoice upon receipt or as otherwise specified in this Agreement. A charge of one percent per month shall be Page 3 added to the unpaid balance of invoices not paid within 31 days after date of invoice.The engineer shall pay any subcontractors no later than the tenth day after he receives payment as required under Chapter 2251 Government Code of the Revised Civil Statutes of Texas. 6. RECORDS ENGINEER shall keep accurate records, including time sheets and travel vouchers, of all time and expenses allocated to performance of Contract work. Such records shall be kept in the office of the ENGINEER for a period of not less than five (5) years and shall be made available to the CITY for inspection and copying upon reasonable request. 7. OWNERSHIP OF DOCUMENTS All documents,including original drawings,estimates,specifications,field notes and data are property of CITY. ENGINEER may retain reproducible copies of drawings and other documents. All documents, including drawings and specifications prepared by ENGINEER are instruments of service in respect to the project. They are not intended or represented to be suitable for reuse by CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adaption by ENGINEER for the specific purpose intended will be at CITY'S sole risk and without liability or legal exposure to ENGINEER and CITY shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaption will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGINEER. 8. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The ENGINEER shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable,of the following types and limits(no insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount(or specific formula for determining a specific dollar amount)aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance): 1. Standard Worker's Compensation Insurance(with Waiver of Subrogation in favor of the CITY of Port Arthur, its officers, agents and employees.) 2. Commercial General Liability occurrence type insurance. (No "XCU" restrictions shall be applicable.) Products/completed operations coverage must be included,and the CITY of Port Arthur, its officers, agents and employees must be named as an additional Insured. a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence. Page 4 b. Property Damage $100,000 per occurrence. c. Minimum aggregate policy year limit$1,000,000. 3. Commercial Automobile Liability Insurance(including owned,non-owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date,job number and location. 5. ENGINEER also agrees to maintain Professional Liability Insurance coverage of $250,000 minimum per occurrence/claim/policy year aggregate limits against ENGINEER for damages arising in the course of, or as a result of, work performed under this Contract. Coverage shall continue for a minimum of two(2)years after the ENGINEER'S assignment under this Contract is completed.Additional Professional Liability Insurance required is $0. ENGINEER shall cause ENGINEER'S insurance company or insurance agent to fill in all information required (including names of insurance agencies, ENGINEER and insurance companies, and policy numbers,effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE Form attached to and made a part of this Contract, and pertaining to the above listed Items 1,2,3,4, and 5; and before commencing any of the work and within the time otherwise specified, ENGINEER shall file said completed Form with the CITY. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen(15)days prior written notice has been given to the CITY. ENGINEER shall also file with the CITY valid CER'IikICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with CITY not more than ten (10) days after execution of this Contract. Deductible on policy for Professional Liability shall be$100,000 as specifically approved by the City. 9. PROFESSIONAL LIABILITY A. ENGINEER shall be responsible for the use and employment of reasonable skill and care befitting the profession in the designs, drawings, plans, specifications, data, reports and designation of materials and equipment provided by ENGINEER for the Project covered by this Page 5 Contract. Approval by CITY shall not constitute nor be deemed a release or waiver of the responsibility and liability of ENGINEER for the accuracy and competency of such designs, drawings,plans,specifications,data,reports and designation of materials and equipment.Contractor will be responsible for the actual supervision of Construction operations and safety measures involving the work,his employees and the public,but the ENGINEER will advise the Contractor of any items requiring the attention and action of the Contractor. B. If services include periodic visits to the site to inspect work performed by another Contractor, ENGINEER is responsible for exercising reasonable care and skills befitting the profession to assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the CITY against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. During visits to the construction site, and on the basis of the ENGINEER'S on-site observations as an experienced and qualified design professional, he will keep the CITY informed on the extent of the progress of the work, and advise the CITY of material and substantial defects and deficiencies in the work of material and substantial defects and deficiencies in the work of Contractors which are discovered by the ENGINEER or otherwise brought to the ENGINEER'S attention in the course of construction, and may, on behalf of the CITY exercise whatever rights the CITY may have to disapproved work and materials as failing to conform to the Contract Documents. C. In connection with the services of Resident Project Representatives,ENGINEER will use the usual degree of care and prudent judgement in the selection of competent Project Representatives,and the ENGINEER will use its best efforts to see that the Project Representatives are on the job to perform their required duties. In performing these duties and services(described in this sub-paragraph),ENGINEER is responsible for exercising reasonable care and skill befitting the profession the assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the CITY against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. D. In performing these services the ENGINEER will at all times endeavor to protect the CITY on the Project and work sites and safeguard the CITY against defects and deficiencies in the work of the Contractor; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor, nor is ENGINEER responsible for the actual supervision of construction operations or for the safety measures that the Contractor takes or should take. E. ENGINEER shall not be responsible for any excess of construction costs over an amount estimated. 10. INDEMNIFICATION ENGINEER shall comply with the requirements of all applicable laws,rules,and regulations in connection with the services of ENGINEER and shall exonerate,indemnify and hold harmless the CITY,its officers,agents and all employees from any and all liability,loss or damage arising out of noncompliance with such laws,rules and regulations;without limitation,ENGINEER shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security, Worker's Compensation,and Income Tax Laws with respect to . Page 6 ENGINEER'S employees. Further,ENGINEER shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss, damages, expenses or claims arising out of negligence of ENGINEER, its officers, agents and employees in connection with any of the work performed or to be performed under this Contract by ENGINEER or as a result of ENGINEER'S failure to use and employ reasonable skill and care befitting the profession in accordance with paragraph 9 hereof. Further, ENGINEER shall exonerate, indemnify and hold harmless the CITY, its officers,agents, and all employees from any and all liability,loss,damages, expenses or claims for infringement of any copyright or patents arising out of the use of any plans, design, drawings, or specifications furnished by ENGINEER in the performance of this Contract. The foregoing indemnification provision shall apply to ENGINEER regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 11. ADDRESS OF NOTICE AND COMMUNICATIONS CITY: ENGINEER: City Manager SCS Engineers City of Port Arthur 1901 Central Drive, Suite 550 PO Box 1089 Bedford, Texas 76021 Port Arthur, Texas 77641 Attn: Kevin D. Yard, P.E., BCEE. Vice President All notices and communications under this Contract shall be mailed or delivered to CITY and ENGINEER at the above addresses. 12. CAPTIONS Each paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Paragraph or in any way determine its interpretation or application. 13. SUCCESSORS AND ASSIGNMENTS The CITY and the ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party,in respect to all covenants of this Contract. Except as above, neither the CITY nor the ENGINEER shall assign, sublet, or transfer his interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 14. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner his obligations under this Contract,or if the ENGINEER shall violate any of the covenants,agreements, or stipulations of this Contract,the CITY shall thereupon have the right to terminate this Contract by giving written notice to the ENGINEER of such termination and specifying the effective date Page 7 thereof,at least five(5)days before the effective date of such termination. In such event,all finished or unfinished documents, data, studies, survey, drawings, maps, models, photographs, and reports prepared by the ENGINEER under this Contract shall,at the option of the CITY,become its property and the ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above,the ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the ENGINEER and the CITY may withhold any payment to the ENGINEER for the purpose of setoff until such time as the exact amount of damages due the CITY from the ENGINEER is determined. 15. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this Contract at any time by giving at least thirty(30)days notice in writing to the ENGINEER. If the Contract is terminated by the CITY as provided herein, the ENGINEER will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the ENGINEER, Paragraph 14 hereof relative to termination shall apply. 16. CHANGES The CITY may, from time to time, request changes in the scope of the services of the ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the amount of the ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER shall be incorporated in written amendments to this Contract. 17. PERSONNEL A. The ENGINEER represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. B. All of the services required hereunder shall be performed by the ENGINEER or under his supervision and all personnel engaged in the work shall be fully qualified and,if applicable shall be authorized or permitted under State and local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall he subject to each provision of this Contract. 18. REPORTS AND INFORMATION The ENGINEER at such times and in such forms as the CITY may require,shall furnish the CITY such periodic reports it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. Page 8 19. CIVIL RIGHTS Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be excluded due to discrimination under any program or activity of the CITY. The ENGINEER will carry out its work under this Contract in a manner which will permit full compliance by the CITY with the Statute. 20. INTEREST OF ENGINEER AND EMPLOYEES The ENGINEER covenants that he presently has no interest and shall not acquire any interest, direct or indirect,in the study area or any parcels therein or any other interests which would conflict in any manner or degree with the performance of his services hereunder. The ENGINEER further covenants that in the performance of this Contract, no person having any such interest shall be employed by ENGINEER. 21. INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. EXECUTED IN FOUR (4) counterparts (each of which is an original) on behalf of ENGINEER by Kevin D. Yard,P.E.,BCEE,its Vice President,and on behalf of the CITY by its City Manager. ACCEPTED: PROPOSED AND AGREED TO: CITY: SCS ENGINEERS: City Manager Kevin D. Yard, P.E., BCEE DATE: Vice President DATE: August 20, 2015 ATTEST: ATTEST: Sherri Bellard James Lawrence City Secretary Page 9 APPROVED AS TO FORM: Valecia Tizeno City Attorney DATE: