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