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2013-264ORDINANCE NO, 2013-264 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH SOLUTIENT GEOSCIENCES, INC. AND THE CITY OF DENTON SOLID WASTE DEPARTMENT FOR HYDROGEOLOGICAL AND ANALYTICAL SERVICES; AND PROVIDING AN EFFECTIVE DATE (FILE 5348- AWARDED TO SOLUTIENT GEOSCIENCES, INC. IN A THREE (3) YEAR AMOUNT NOT -TO- EXCEED $287,791). 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 1. The City Manager is hereby authorized to enter into a professional service contract with Solutient GeoSciences, Inc, to provide hydrogeological and analytical services for the City of Denton Solid Waste Department, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5348 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of �� , ;° 1, '. mm...,,, ,2013. i All A E3l.�l l OlJ(iI'J�%� MAY0R ATTEST: JENNIFER WALTERS, CITY SECRETARY lhBY . E� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY - a.... 3 -ORD 148 STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR HYDORGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES REGARDING THE CITY OF DENTON, TEXAS LANDFILL (FILE 5348) THIS AGREEMENT is made and entered into as of the — , , day of t d, ' 2013, by and between the City of Denton, Texas, a Texas municipal corporation, 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 officials, representatives and officers. WITNESSETH, in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 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 professional standards that are 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- 2014 -16 Landfill Hydrogeological Consulting and Analytical Services" letter issued on August 19, 2013 to OWNER'S representative, David Dugger, Landfill Manager, which is attached hereto as Exhibit "A" and which is incorporated by reference herein, to include the following services, without limitation: Hydrogeological Consulting Services; Analytical Services; and Sanitas for Ground Water Maintenance Agreement; Annual Detection Ground Watering Report; and any other professional services provided for in the Contingency Fund (hereafter the "Project ").. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner: Those services as described in Exhibit "A" which is attached hereto and incorporated herewith by reference. 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 1I 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. File 5348 Page 1 CONSULTANT shall not proceed to perform the services listed in Article III "Additioni Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 111, 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 "B" attached hereto. Statements shall not be submitted more frequently than monthly. ARTICLE VI 6WOW& The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER ally defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII ARTICLE VIII ........ . . . 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 The CONSULTANT shall indemnify, and shall save and hold harmless the OWNER and i a officers, officials, agents, and employees from and against any and all liability, claims, demandE damages, losses, and expenses, including, but not limited to court costs and reasonable attorney's fel File 534 8 Page 3 ARTICLE XIII 2-EV- LJILSIBUXTY-EAR CL&lWS1VD L11,131LITIB-9 All notices, communications, and reports required or permitted under this Agreement shall be address shown below, by cerfified 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 Phone: (903) 581-4340 Fax: (903) 581-4399 City of Denton George C. Campbell, City Manager 215 East McKinney Denton, Texas 76201 Fax: (940) 349-8596 "Wom David Dugger, Landfill Manager City of Denton, Texas 5166 Foster Road Denton, Texas 76208 Phone: (940) 349-8001 File 5348 Page 5 F FIL I A" IMM SIM W"Mmml I Ili Will I I I I I I I I File 534 8 Page 7 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by ks duly aiutliorizc(i City NCmtgg r. and t O SI�V `i'.>%N i liar this Aguecrvuc°uud: throtgli its duly :un,ud iorize(l undersigned officer on dlui:s floc ,e�� clu��y �rf . "4��% d �.. X01, "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By. � (F IrGE ., .,. ............... C. CAM1�N�1?� 11, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR('7� 1:1) )(1I LEGAL FORM: ANITA BURGESS, CITY ATTORNEY :.. By: ..:..mm .... ,e ATTEST: "CONSULTANT" SOLUTIENT GEOSCIENCES, INC. A Texas Corporation L SLIE A. JESA, P.G. File 5348 Page 9 David Dugger, City of Denton August 19, 2013 Page 2 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 anii equipment owned and maintained by the City. In the event the instruments 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. Based upon the above scope of services and our understanding of the project, we have Exhibit PROBABLE COST ESTI\1ATE August 19, 2013 2014 -2016 Landfill Ilydrogcological Consulting and Analytical Services City of Denton Landfill (n7SNV Permit No. 1590A) Denton (Denton County), Texas MR(MIABLE COS'11' ESTUVIATIL August 19, 2013 2014-2016 Landfill Illydrogeologgicni Consulting and Analytical Services City of Benton Landfill (NISW Permit No. 1590A) Denton (Denion County)''re'us Notes: I Scope of ivoik, allows Re 2 assessment mmitoiinj_!, cvcnts, with a Mal ofthice (3) wells each Additional %yoik %tiill lie peifimmed upon authoitzation by the City OfDODIOD utilizing OIC fbll0IA'iII9 ('0C SChNIUIC llydiogeologist - `1155,00 pej how (adjusted to 5165 00 per hour in 2016) Geologist - $130,00 per hour (adjusted to $135 00 pet hour in 2016) Em,nonmental Teclunciaa- 595,00 per how (o(.ijuswd to $100 00 leer how in 2016) CADE) Opciawi - 560 00 Im hour Field Vehicle - 565.00 per day Mileage - 50 .65 pet mile Outside Scivices (i.e , map iolmiducLion, coloi photocopies, o1c cost 1-15',t, Additional Expenses (i e , meals, lodging, etc cost 1 l5% llogc: 3 of'3