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2010-236ORDINANCE NO. 2010-236 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH SOLUTIENT GEOSCIENCES, INC. FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL AS SET FORTH IN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (FILE 4571-PROFESSIONAL SERVICES AGREEMENT FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL AWARDED TO SOLUTIENT GEOSCIENCES, INC., IN AN AMOUNT NOT TO EXCEED $100,869.40). WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City Manager is hereby authorized to enter into a professional service contract with Solutient GeoSciences, Inc., to provide professional hydrogeological and analytical consulting services for the City of Denton landfill, a copy of which is attached hereto and incorporated by reference herein. SECTION II. The City Manager is authorized to expend funds as required by the attached contract. SECTION III. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION IV. This ordinance shall become effective immediately upon its passage and approval. L ~G PASSED AND APPROVED this the - day of , 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: L-. S " eba 3-ORD-File 4571 PROFESSIONAL SERVICES AGREEMENT FOR PERFORMING HYDORGEOLOGICAL CONSULTING ANALYTICAL SERVICES PERTAINING TO THE CITY OFDENTON LANDFILL STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of 2010, by and between the City of Denton, Texas, a Texas municipal core ration, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Solutient GeoSciences, Inc., with its corporate office at 3800 Paluxy Drive, Suite 260, Tyler, Texas 75703, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: Performing those professional services described in CONSULTANT'S "Proposal-2011 Landfill Hydrogeological Consulting and Analytical Services" letter issued on August 9, 2010 to OWNER'S representative, David Dugger, Landfill Manager, which is attached hereto as Exhibit "A" and which is incorporated by reference herein, to include without limitation: Hydrogeological Consulting Services; Analytical Services; and Sanitas for Ground Water Maintenance Agreement; Annual Detection Ground Watering report. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner: Reference is herby made to Exhibit "A" attached hereto and incorporated herewith by reference, being the same reference as that contained in Article I hereinabove. ARTICLE III ADDITIONAL SERVICES Any Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services set forth in Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, on a time and materials basis, the scope of such Additional Services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such Additional Services by CONSULTANT. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its General Manager of Solid Waste or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: "Direct Non-Labor Expense" is defined as that expense (other than "per diem" expense), based upon cost plus (15%), for any for any out-of-pocket expense reasonably incurred by the CONSULTANT related to its performance of this Agreement, for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above as follows: CONSULTANT shall perform its work on this project on an hourly fee basis, plus reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly, or for longer periods of time. CONSULTANT shall bill from time sheets, in minimum 1/ hour increments of time, at the rates and subject to the terms set forth in CONSULTANT's "Probable Cost Estimate" dated August 9, 2010, which is contained as 5 and 6 of Exhibit "A" hereto, which is incorporated by reference herein. OWNER shall pay to Page 2 CONSULTANT for its professional services performed, and for its out-of-pocket expenses incurred in the Project, a total amount not to exceed $100,869.40. Partial payments to the CONSULTANT will be made monthly based on the percent of actual completion of the Basic Services, rendered to and approved by the OWNER through its Director of Solid Waste or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project by the CONSULTANT. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the Director of Solid Waste or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Exhibit "A" attached hereto. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make undisputed payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT's undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of the Texas Government Code shall be paid on the amounts due the CONSULTANT. In addition, the CONSULTANT may, if it has not received payment by the thirty-first (31S) day after receipt of payment, after giving ten (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay prompt payment act interest if the OWNER has a bona fide dispute with the CONSULTANT concerning the payment or if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." Page 3 ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER'S use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. Page 4 ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies fiunishing the same coverage. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation. No mediation arising out of or relating to this Agreement may proceed without the agreement of both parties to submit the dispute to mediation. The location for the mediation shall be the City of Denton, Denton County, Texas unless a different location is agreed to by the parties. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. Page 5 B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other parry is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. CONSULTANT retains design responsibility and liability at all times during this Agreement and after completion of this Agreement. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: Solutient GeoSciences, Inc. Les Jeske, P.G. 3800 Paluxy Drive, Suite 260 Tyler, Texas 75703 To OWNER: City of Denton George C. Campbell, City Manager 215 East McKinney Denton, Texas 76201 Page 6 Phone: (903) 581-4340 Fax: (940) 349-8596 Fax: (903) 581-4399 and David Dugger, Landfill Manager City of Denton, Texas 5166 Foster Road Denton, Texas 76208 Phone: (940) 349-8001 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of eleven (11) pages and the one (1) Exhibit hereto, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. Page 7 ARTICLE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. C. In those instances deemed necessary by the OWNER, the CONSULTANT, its employees and/or its Sub-consultants shall be required to submit to background checks. ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any of its scope of work under in this Agreement, and shall not transfer any of its scope of work under this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. Should the CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is required to provide written notice of the same to OWNER. Any assignment of monies due under this Agreement shall not change any of the terms or conditions of this Agreement to include but not limited to the terms and conditions for payment under this Agreement. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A- Solutient GeoSciences Proposal dated August 9, 2010. Page 8 B. CONSULTANT agrees that OWNER shall, until the expiration of five (5) years after the final payment or after final completion of all work required under this Agreement, whichever is longer, have access to and the right to examine any directly pertinent books, documents, papers, correspondence, to include e-mails, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT is required to maintain and make available all electronic records associated with this Agreement for purposes of examination. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. This paragraph shall work in conjunction with the Audit provision set forth in Article XXIII. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Leslie A Jeske ("Jeske"). This Agreement has been entered into with the understanding that Jeske shall serve as the CONSULTANT'S Project Manager. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. CONSULTANT understands that OWNER is to be informed of the removal or loss of any of the key persons working under this Agreement. CONSULTANT also agrees to provide the OWNER with notice of the name(s) of who it intends to replace the key person. OWNER shall have a right to reject any replacement key person(s) and CONSULTANT agrees to name a replacement key person(s) acceptable to the OWNER. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Page 9 ARTICLE XXIII RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONSULTANT shall retain such books, records, documents and other evidence pertaining to this Agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of I% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. Page 10 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT,has executed this Ag ement through its duly authorized undersigned officer on this the day of 2010. CITY OF DENTON, TEXAS GEORGE . CAMPBEL , CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO AS4LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: a .s CONSULTANT S LUTIENT GEO~CIENCES, INC. WITNESS: BY: Ll i J Page 11 Exhibit A Solutient GeoSciences, Inc. 3800 Paluxy Drive, Suite 260 Tyler, Texas 75703 (903) 581-4340 tel (903) 581-4399 fax August 9, 2010 David Dugger Landfill Manager City of Denton 1527 S. Mayhill Road Denton, Tx. 76208 Re: Proposal 2011 Landfill Hydrogeological Consulting and Analytical Services City of Denton Landfill (MSW Permit No. 1590A) Denton (Denton County), Texas Dear Mr. Dugger: In accordance with your recent request, Solutient GeoSciences, Inc. ("Solutient") is pleased to submit the following proposal for providing hydrogeological consulting and analytical services at the City of Denton ("City") landfill for a one-year period commencing October 1, 2010. Solutient will serve as the City's professional services consultant relative to all landfill groundwater monitoring, data review, reporting, and general geological and hydrogeological services, where needed. Scope of Services As we understand it, the work will consist of conducting quarterly and semi-annual groundwater monitoring events and reporting in accordance with the existing Texas Commission on Environmental Quality ("TCEQ") approved Groundwater Sampling and Analysis Plan ("GWSAP") at the above-referenced facility. The following discussion provides a detailed explanation of the services provided. Hydrogeological Consulting - includes 1) generation and on-going maintenance of existing groundwater analytical data base, 2) management and direct supervision of groundwater monitoring events, 3) review of analytical data, 4) preparation of annual groundwater monitoring reports including groundwater contour maps and semi-annual statistical evaluations, 4) evaluation and submittal of site-appropriate statistical analysis method(s), and 5) correspondence with TCEQ regarding groundwater issues. The City will be continually informed of Mr. David Dugger, City of Denton August 9, 2010 Page 2 all monitoring results and provided on-going recommendations and opinions regarding necessary action, if needed. • Analytical Services - includes sampling and analysis of groundwater samples collected at landfill facility in accordance with the TCEQ-approved GWSAP. A total of twenty-three (23) monitoring wells, which comprise the facility (MSW Permit No. 1590A) groundwater monitoring system consisting of twenty (20) existing and three (3) new wells (as per the 600-foot minimum spacing requirement), will be gauged, purged, and sampled using dedicated, low-flow pumps and a Well Wizardo micropurge system. The existing wells and new wells will be sampled semi-annually for the updated Table 5-1 constituents. Additionally, two (2) quarterlybackground events will be performed for the three (3) new wells for which groundwater samples will be analyzed for the updated Table 5-1 constituents. Also, two (2) leachate samples will be collected and analyzed for necessary pre-treatment constituents, as required by the waste water treatment plant and the landfill re-circulation requirements. All analyses will be performed using EPA-approved methods by Ana-Lab Corporation. Also included in the work is a provision for up to two (2) verification re- salnpling/assessment monitoring events at up to three (3) monitoring wells. Assessment samples would be analyzed for 40 CFR Part 258, Appendix II constituents. • SanitasTM for Ground Water Maintenance Agreement - provides for annual upgrades and software support of SanitasTM, a statistical analysis software package used to perform statistical evaluation of groundwater quality data. • Annual Detection Groundwater Monitoring Report - includes preparation of annual detection groundwater monitoring report. • Contingency Funding - includes a provision for contingency funds for the possibility of additional wells to be included for assessment monitoring in the event any facility well enters assessment monitoring as per recent regulatory requirements and implementation procedures. All services provided will be coordinated and performed under the direct supervision of Mr. Leslie A. Jeske, P.G., Hydrogeologist. Mr. Jeske has served as the primary groundwater consultant at the facility since 1999. Low-flow purging and sampling activities will be conducted using instruments and equipment owned and maintained by the City, In the event the insti uments are found in need of repair, the City will be promptly notified to insure minimal delays in completing the scheduled monitoring events. The City will be responsible for all costs associated with repairs and on-going maintenance. Mr. David Dugger, City of Denton August 9, 2010 Page 3 Cost Estimate Based upon the above scope of services and our understanding of the project, we have prepared the attached Probable Cost Estimate which shows the estimated quantities of work and unit fees. It is estimated that the total amount of this contract for October 1, 2010 - September 30, 2011 should not exceed $ 100,869.40. In the event additional services are required beyond those detailed in this contract, such will be performed on a time and materials basis. You will be notified if unforeseen conditions are encountered or there is a necessity to change the scope of work. Additional work will not be performed without first obtaining your approval of the additional costs. An invoice will be submitted on a monthly basis for the percent of work completed for each event. It will be based upon the actual work performed and the unit prices shown in the attached Probable Cost Estimate. If you have any questions after reviewing this proposal, please do not hesitate to contact me at (903) 581-4340. As always, we look forward to working with the City in this endeavor. Very truly yours, Solutient GeoSciences, Inc. Leslie A. Jeske, P.G. Hydrogeologist Attach: Probable Cost Estimate cc: Mike Copeland, City of Denton PROBABLE COST ESTIMATE August 9, 2010 2011 Landfill Hydrogeologleal Consulting and Analytical Services City of Denton Landfill (YISW Permit No. 1590A) Denton (Denton County), Texas Item Quantity Unit Unit Rate Cost Sanitas for Groundwater Software Annual Maintenance Agreement (cost +15%) 1 LS $ 385,00 $ 385.00 Subtotal: $ 385.00 dCeplbet pXOs,Qt{at~erlY:Ta ks a!t' Yhrlf,Pq ip)tie-sgi0p(1ng, _ fsses~t!lentilfo llall!18; }?e h~? x'I $x ` k ~ ~ tL v ' Statistical Evaluation and Reporting Verification/Assessment Monitoring) 6 wells $ 190.00 $ 1,140.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation; Hydrogeologst 12 hour $ 140.00 $ 1,680.00 Environmental Technician 34 hour $ 95.00 $ 3,230.00 Subsistence 2 day $ 125.00 $ 250.00 Sampling Vehicle 3 day $ 65.00 $ 195,00 Mileage 325 mile $ 0.75 $ 243.75 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 3 QC samples) 6 each $ 335.00 $ 2,010.00 Veri6cation/Assessment Appendix B Constituents (3 wells & 2 QC samples) 5 each $ 1,347.00 $ 6,735.00 Subtotal: $ 15,483.75 drEl!'2Dj1,,Sem(,!1}Ynuai3be'~ecttdn(Bdc"kg~ouijdr'SfoiiltoCirEg Ei!P'nt +k,~r~~ ;N).r'~;~ ~'~-„as'n ~r s~'~'~~#~ ~~F. ' , ~~~1~ s~~i~~ Statistical Evaluation and Reporting 23 wells $ 190.00 $ 4,370.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation; IIydrogeologst 18 hour $ 140.00 S 2,520.00 Environmental Technician 60 hour $ 95.00 $ 5,700.00 Subsistence 4 day $ 125.00 $ 500,00 Sampling Vehicle 5 day $ 60.00 $ 300.00 Mileage 325 mile $ 0.75 $ 243.75 Analytical Services: Updated Table 5-t GWSAP Constituents (23 wells, 9 QC samples, & 2 leachate samples) 34 each $ 335.00 $ 11,390.00 Assessment Appendix lIConstituents (MW-4U& I QC sample) 2 each $ 1,347.00 $ 2,694.00 Waste Water Pre-Treatrnent Constituents (2 leachate samples) 2 each $ 384.10 $ 768.20 Subtotal: $ 28,485.95 J7e~t2Q' >t?%l~ft&Pol, f~l,+ eI rug/1Ite" t)iipll~iFsq$Secs)ifp±~: 4n (4r~ :.Jr? . Statistical Evaluation and Reporting (Verification/Assessment Monitoring) 6 wells $ 190,00 $ 1140.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologst 12 hour $ 140,00 $ 1,680.00 Environmental Technician 34 hour $ 95.00 $ 3,230.00 Subsistence 2 day $ 125.00 $ 250.00 Sampling Vehicle 3 day $ 65.00 $ 195.00 Mileage 325 mile $ 0.75 $ 243.75 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 3 QC samples) 6 each $ 335,00 $ 2,010.00 Verification/Assessment Appendix Il Constituents (3 wells & 2 QC samples) 5 each $ 1,347.00 $ 6,735,00 Subtotal: $ 15,483.75 Statistical Evaluation and Reporting 23 wells $ 190.00 $ 4,370.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologst 18 hour $ 140.00 $ 2,520.00 Environmental Technician 60 hour $ 95.00 $ 5,700.00 Subsistence 4 day $ 125.00 $ 500,00 Sampling Vehicle 5 day $ 65.00 $ 325.00 Mileage 325 mile $ 0.75 $ 243.75 Analytical Services: Updated Table 5-1 GWSAP Constituents (23 wells, 9 QC samples, & 2 leachate samples) 34 each $ 335.00 $ 11,390,00 Assessment Appendix 11 Constituents MW-4U & l QC sample) 2 each $ 1,347,00 $ 2,694,00 Waste Water Pre-Treatrnent Constituents (2 leachate samples) 2 each $ 384.10 $ 768.20 Subtotal: $ 28,510.95 2i1xt~~ X181 ~ eC ¢f~i`. OLlttot' aL;.RS < s H `x rkl s ° u~ `)s. H M=0.10 q M , 0,01 14- WO',Q?Qa ft Hydrogeologst 18 hour $ 140.00 $ 2,520.00 Subtotal: $ 2,520,00 Page 1 of2 PROBABLE COST ESTIMATE August 9, 2010 2011 Landfill Hydrogeological Consulting and Analytical Services City of Denton Landfill (ViSW Permit No. 1590A) Denton (Denton County), Texas Subtotal: I $ TOTAL: $ Notes: 1. Scope of work allows for 2 assessment monitoring events with a total of three (3) wells each. Additional work will be performed upon authorization by the City of Denton utilizing the following fec schedule. Hydrogcologist - $140.00 per hour Geologist - $125.00 per hour Environmental Technician - $95.00 per hour CADD Operator- $60.00 per hour Field Vehicle - $65,00 per day Mileage - $0.75 per mile Outside Services (i.e., map reproduction, color photocopies, etc.) - cost +15% Additional Expenses (Le,, meals, lodging, etc.) - cost +15% Page 2 oft