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2016-297WHEREAS, 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, 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. SEi TION 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 6231 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# .. 2016. NI' CI -IMS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I IN I BY: Az APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR HYDORGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES REGARDING THE CITY OF DENTON, TEXAS LANDFILL (FILE 6231) THIS AGREEMENT is made and entered into on this date ________________________, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East ;Solutient GeoSciences, Inc., with its corporate office at 3800 Paluxy Drive, Suite 260, Tyler, Texas 75703, officials, representatives and officers. WITNESSETH, 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 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: -2017-19 Landfill Hydrogeological Consulting and Analytical SAugust 3, 2016 to A 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 ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner: Those services as described in which is attached hereto and incorporated herewith by reference. Item Quantity Unit Unit Rate Cost TASK 1 December 2016 Quarterly Verification Re-sampling, & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring) 8 hour $ 165.00 $ 1,320.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, File 6231 Page 1 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C Groundwater Contour Map, and Report Preparation: Hydrogeologist 12 hour $ 165.00 $ 1,980.00 Environmental Technician 34 hour $ 100.00 $ 3,400.00 Subsistence 2 day $ 170.00 $ 340.00 Sampling Vehicle 3 day $ 70.00 $ 210.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample) 4 each $ 365.00 $ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples) 5 each $ 1,465.00 $ 7,325.00 Task 1 Subtotal: $ 16,236.00 TASK 2 March 2017 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting 27 hour $ 170.00 $ 4,590.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 18 hour $ 170.00 $ 3,060.00 Environmental Technician 60 hour $ 100.00 $ 6,000.00 Subsistence 4 day $ 170.00 $ 680.00 Sampling Vehicle 5 day $ 70.00 $ 350.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples) 29 each $ 365.00 $ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample) 2 each $ 1,465.00 $ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples) 4 each $ 465.00 $ 1,860.00 Task 2 Subtotal: $ 30,256.00 TASK 3 June 2017 Quarterly Verification Re-sampling & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring) 4 hour $ 170.00 $ 680.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 10 hour $ 170.00 $ 1,700.00 Environmental Technician 34 hour $ 100.00 $ 3,400.00 Subsistence 2 day $ 170.00 $ 340.00 Sampling Vehicle 3 day $ 70.00 $ 210.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: File 6231 Page 2 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample) 4 each $ 365.00 $ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples) 5 each $ 1,465.00 $ 7,325.00 Task 3 Subtotal: $ 15,316.00 TASK 4 September 2017 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting 31 hour $ 170.00 $ 5,270.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 18 hour $ 170.00 $ 3,060.00 Environmental Technician 60 hour $ 100.00 $ 6,000.00 Subsistence 4 day $ 170.00 $ 680.00 Sampling Vehicle 5 day $ 70.00 $ 350.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples) 29 each $ 365.00 $ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample) 2 each $ 1,465.00 $ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples) 4 each $ 465.00 $ 1,860.00 Task 4 Subtotal: $ 30,936.00 TASK 5 2017 Annual Detection Monitoring Report: Hydrogeologist 20 hour $ 170.00 $ 3,400.00 Task 5 Subtotal: $ 3,400.00 TASK 6 2017 Groundwater Statistical Analysis Software: Sanitas for Groundwater Software Annual Maintenance Agreement (cost +15%) 1 LS $ 400.00 $ 400.00 Task 6 Subtotal: $ 400.00 2017 Contingency Funds: Subtotal: $ 2,500.00 TASK 7 December 2017 Quarterly Verification Re-sampling, & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring) 8 hour $ 170.00 $ 1,360.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 12 hour $ 170.00 $ 2,040.00 Environmental Technician 34 hour $ 100.00 $ 3,400.00 Subsistence 2 day $ 170.00 $ 340.00 File 6231 Page 3 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C Sampling Vehicle3day$ 70.00 $ 210.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample) 4 each $ 365.00 $ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples) 5 each $ 1,465.00 $ 7,325.00 Task 7 Subtotal: $ 16,336.00 TASK 8 March 2018 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting 27 hour $ 175.00 $ 4,725.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 18 hour $ 175.00 $ 3,150.00 Environmental Technician 60 hour $ 103.00 $ 6,180.00 Subsistence 4 day $ 170.00 $ 680.00 Sampling Vehicle 5 day $ 70.00 $ 350.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples) 29 each $ 365.00 $ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample) 2 each $ 1,465.00 $ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples) 4 each $ 465.00 $ 1,860.00 Task 8 Subtotal: $ 30,661.00 TASK 9 June 2018 Quarterly Verification Re-sampling & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring) 4 hour $ 175.00 $ 700.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 10 hour $ 175.00 $ 1,750.00 Environmental Technician 34 hour $ 103.00 $ 3,502.00 Subsistence 2 day $ 170.00 $ 340.00 Sampling Vehicle 3 day $ 70.00 $ 210.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample) 4 each $ 365.00 $ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples) 5 each $ 1,465.00 $ 7,325.00 Task 9 Subtotal: $ 15,488.00 File 6231 Page 4 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C TASK 10 September 2018 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting 31 hour $ 175.00 $ 5,425.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 18 hour $ 175.00 $ 3,150.00 Environmental Technician 60 hour $ 103.00 $ 6,180.00 Subsistence 4 day $ 170.00 $ 680.00 Sampling Vehicle 5 day $ 70.00 $ 350.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples) 29 each $ 365.00 $ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample) 2 each $ 1,465.00 $ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples) 4 each $ 465.00 $ 1,860.00 Task 10 Subtotal: $ 31,361.00 TASK 11 2018 Annual Detection Monitoring Report: Hydrogeologist 20 hour $ 175.00 $ 3,500.00 Task 11 Subtotal: $ 3,500.00 TASK 12 2018 Update to Background Statistical Evaluation Report: Hydrogeologist 25 hour $ 175.00 $ 4,375.00 Task 12 Subtotal: $ 4,375.00 TASK 13 2018 Groundwater Statistical Analysis Software: Sanitas for Groundwater Software Annual Maintenance Agreement (cost +15%) 1 LS $ 400.00 $ 400.00 Task 13 Subtotal: $ 400.00 2018 Contingency Funds: Subtotal: $ 2,500.00 TASK 14 December 2018 Quarterly Verification Re-sampling, & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring) 8 hour $ 175.00 $ 1,400.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 12 hour $ 175.00 $ 2,100.00 File 6231 Page 5 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C Environmental Technician34hour$ 103.00 $ 3,502.00 Subsistence 2 day $ 170.00 $ 340.00 Sampling Vehicle 3 day $ 70.00 $ 210.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample) 4 each $ 365.00 $ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples) 5 each $ 1,465.00 $ 7,325.00 Task 14 Subtotal: $ 16,538.00 TASK 15 March 2019 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting 27 hour $ 180.00 $ 4,860.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 18 hour $ 180.00 $ 3,240.00 Environmental Technician 60 hour $ 105.00 $ 6,300.00 Subsistence 4 day $ 180.00 $ 720.00 Sampling Vehicle 5 day $ 70.00 $ 350.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples) 29 each $ 365.00 $ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample) 2 each $ 1,465.00 $ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples) 4 each $ 465.00 $ 1,860.00 Task 15 Subtotal: $ 31,046.00 TASK 16 June 2019 Quarterly Verification Re-sampling & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring) 4 hour $ 180.00 $ 720.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 10 hour $ 180.00 $ 1,800.00 Environmental Technician 34 hour $ 105.00 $ 3,570.00 Subsistence 2 day $ 180.00 $ 360.00 Sampling Vehicle 3 day $ 70.00 $ 210.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample) 4 each $ 365.00 $ 1,460.00 File 6231 Page 6 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples) 5 each $ 1,465.00 $ 7,325.00 Task 16 Subtotal: $ 15,646.00 TASK 17 September 2019 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting 31 hour $ 180.00 $ 5,580.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist 18 hour $ 180.00 $ 3,240.00 Environmental Technician 60 hour $ 105.00 $ 6,300.00 Subsistence 4 day $ 180.00 $ 720.00 Sampling Vehicle 5 day $ 70.00 $ 350.00 Mileage 335 mile $ 0.60 $ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples) 29 each $ 365.00 $ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample) 2 each $ 1,465.00 $ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples) 4 each $ 465.00 $ 1,860.00 Task 17 Subtotal: $ 31,766.00 TASK 18 2019 Annual Detection Monitoring Report: Hydrogeologist 20 hour $ 170.00 $ 3,400.00 Task 18 Subtotal: $ 3,400.00 TASK 19 2019 Groundwater Statistical Analysis Software: Sanitas for Groundwater Software Annual Maintenance Agreement (cost +15%) 1 LS $ 400.00 $ 400.00 Task 19 Subtotal: $ 400.00 2019 Contingency Funds: Subtotal: $ 2,500.00 GRAND TOTAL: $ 304,961.00 Notes: 1. Scope of work allows for two (2) assessment monitoring events with a total of three (3) wells each. 2. Additional work will be performed upon authorization by the City of Denton utilizing the unit rates as shown above. File 6231 Page 7 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C 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 issuance of a notice to proceed by the OWNER. It 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, or until the expiration of three (3) years, whichever date is later. 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: - ), 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 ¼ hour increments of time, at the rates August 3, 2016, which is OWNER shall pay to CONSULTANT for its professional services performed, and for its out-of- pocket expenses incurred in the Project, a total amount not-to-exceed $304,961.00. 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. File 6231 Page 8 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C 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 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 B Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due to the CONSULTANT for services and expenses within thirty (3 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 st has not received payment by the thirty-first (31) day after receipt of payment invoice, after giving ten (10 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, 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 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 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. File 6231 Page 9 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C 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 shall save and hold harmless the OWNER and its officers, officials, 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 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. ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall at all times maintain the following insurance coverage 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. 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 evidencing the above coverage to OWNER Agreement by the parties. The insurance policies shall name the OWNER as an additional insured on all such policies, to the extent legally possible, and shall contain a provision that such OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies that furnish the same coverage. File 6231 Page 10 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C 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 party. 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 party 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 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, by certified mail, return receipt requested, unless otherwise specified herein. File 6231 Page 11 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C To CONSULTANT: To OWNER: Solutient GeoSciences, Inc. City of Denton Les Jeske, P.G. City Manager 3800 Paluxy Drive, Suite 260 215 East McKinney Tyler, Texas 75703 Denton, Texas 76201 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 The parties may stipulate and agree by a separate writing that electronic mail may be utilized for notices. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of FIFTEEN (15) 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. File 6231 Page 12 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C 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, nor 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, Inc. Proposal dated August 3, 2016 B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) 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 File 6231 Page 13 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C 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 governed by and 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, P.G., Hydrogeologist . This Agreement has been entered into 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. 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. ARTICLE XXIII RIGHTS 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 (5) 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 ten (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 fifty (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 by OWNER of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the File 6231 Page 14 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C audit, including any travel costs, must be borne by the CONSULTANT which must be payable within ten (10) business days of receipt of an invoice. 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. 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 Agreement through its duly authorized undersigned officer on this date _____________________________. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: __________________________________ HOWARD MARTIN Interim City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _____________________________ CONSULTANT SOLUTIENT GEOSCIENCES, INC. A Texas Corporation By: ________________________________ LESLIE A. JESKE, P.G. File 6231 Page 15 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C EXHIBIT A Solutient GeoSciences, Inc. 3800 Paluxy Drive, Suite 260 Tyler, Texas 75703 (903) 581-4340 Tel (903) 581-4399 Fax August 3, 2016 David Dugger Municipal Solid Waste Facilities Manager City of Denton 1527 S. Mayhill Road Denton, Tx. 76208 Re:Proposal 2017-2019 Landfill Hydrogeological Consulting and Analytical Services City of Denton Landfill (MSW Permit No. 1590A) 1527 S. Mayhill Road 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 3-year period commencing October 1, 2016 and ending September 30, 2019. 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, as needed, for the above referenced facility. 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) and 30 TAC, Chapter 330, Subchapters F and J. The following discussion provides a detailed explanation of the services to be provided. C 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 all monitoring results and provided on-going recommendations and opinions regarding necessary action, if needed. DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C EXHIBIT A David Dugger, City of Denton August 3, 2016 Page 2 C Analytical Services - includes sampling and analysis of groundwater samples collected at landfill facility in accordance with the TCEQ-approved GWSAP. A total of twenty groundwater monitoring wells, which comprise the facility (MSW Permit No. 1590A) groundwater monitoring system, will be gauged, purged, and ® sampled using dedicated, low-flow pumps and a Well Wizard micropurge system. The wells will be sampled semi-annually for detection monitoring constituents, which are presented in Table 5-1, GWSAP. Also included in the work plan is a provision for up to two verification re-sampling/assessment monitoring events at up to three monitoring wells per year. Assessment samples would be analyzed for 40 CFR Part 258 Appendix II constituents. Lastly, four 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. C Sanitas™ for Ground Water Maintenance Agreement - provides for annual upgrades and software support of Sanitas™, a statistical analysis software package used to perform statistical evaluation of groundwater quality data. C Annual Detection Groundwater Monitoring Report - includes preparation of annual detection and assessment groundwater monitoring report. C Background Statistical Evaluation Report - perform evaluation of most recent 2- year period of analytical data in 2018 and incorporate into background data, as appropriate. C 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 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. 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, 2016 - September 30, 2019 should not exceed $ 304,961.00. In the event additional services are DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C EXHIBIT A David Dugger, City of Denton August 3, 2016 Page 3 required beyond those detailed in this contract, such will be performed on a time and materials basis at the unit rate as shown on the Probable Cost Estimate. 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:Rebecca Hunter, City of Denton DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C EXHIBIT A PROBABLE COST ESTIMATE August 3, 2016 2017-2019 Landfill Hydrogeological Consulting and Analytical Services City of Denton Landfill (MSW Permit No. 1590A) Denton (Denton County), Texas ItemQuantityUnitUnit RateCost December 2016 Quarterly Verification Re-sampling, & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring)8hour$ 165.00$ 1,320.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist12hour$ 165.00$ 1,980.00 Environmental Technician34hour$ 100.00$ 3,400.00 Subsistence 2day$ 170.00$ 340.00 Sampling Vehicle3day$ 70.00$ 210.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample)4each$ 365.00$ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples)5each$ 1,465.00$ 7,325.00 Subtotal:$ 16,236.00 March 2017 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting27hour$ 170.00$ 4,590.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist18hour$ 170.00$ 3,060.00 Environmental Technician60hour$ 100.00$ 6,000.00 Subsistence 4day$ 170.00$ 680.00 Sampling Vehicle5day$ 70.00$ 350.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples)29each$ 365.00$ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample)2each$ 1,465.00$ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples)4each$ 465.00$ 1,860.00 Subtotal:$ 30,256.00 June 2017 Quarterly Verification Re-sampling & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring)4hour$ 170.00$ 680.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist10hour$ 170.00$ 1,700.00 Environmental Technician34hour$ 100.00$ 3,400.00 Subsistence 2day$ 170.00$ 340.00 Sampling Vehicle3day$ 70.00$ 210.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample)4each$ 365.00$ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples)5each$ 1,465.00$ 7,325.00 Subtotal:$ 15,316.00 September 2017 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting31hour$ 170.00$ 5,270.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist18hour$ 170.00$ 3,060.00 Environmental Technician60hour$ 100.00$ 6,000.00 Subsistence 4day$ 170.00$ 680.00 Sampling Vehicle5day$ 70.00$ 350.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples)29each$ 365.00$ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample)2each$ 1,465.00$ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples)4each$ 465.00$ 1,860.00 Subtotal:$ 30,936.00 2017 Annual Detection Monitoring Report: Hydrogeologist20hour$ 170.00$ 3,400.00 Subtotal:$ 3,400.00 2017 Groundwater Statistical Analysis Software: Sanitas for Groundwater Software Annual Maintenance Agreement (cost +15%)1LS$ 400.00$ 400.00 Subtotal:$ 400.00 2017 Contingency Funds: Subtotal:$ 2,500.00 December 2017 Quarterly Verification Re-sampling, & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring)8hour$ 170.00$ 1,360.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Page 1 of 3 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C EXHIBIT A PROBABLE COST ESTIMATE August 3, 2016 2017-2019 Landfill Hydrogeological Consulting and Analytical Services City of Denton Landfill (MSW Permit No. 1590A) Denton (Denton County), Texas Groundwater Contour Map, and Report Preparation: Hydrogeologist12hour$ 170.00$ 2,040.00 Environmental Technician34hour$ 100.00$ 3,400.00 Subsistence 2day$ 170.00$ 340.00 Sampling Vehicle3day$ 70.00$ 210.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample)4each$ 365.00$ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples)5each$ 1,465.00$ 7,325.00 Subtotal:$ 16,336.00 March 2018 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting27hour$ 175.00$ 4,725.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist18hour$ 175.00$ 3,150.00 Environmental Technician60hour$ 103.00$ 6,180.00 Subsistence 4day$ 170.00$ 680.00 Sampling Vehicle5day$ 70.00$ 350.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples)29each$ 365.00$ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample)2each$ 1,465.00$ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples)4each$ 465.00$ 1,860.00 Subtotal:$ 30,661.00 June 2018 Quarterly Verification Re-sampling & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring)4hour$ 175.00$ 700.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist10hour$ 175.00$ 1,750.00 Environmental Technician34hour$ 103.00$ 3,502.00 Subsistence 2day$ 170.00$ 340.00 Sampling Vehicle3day$ 70.00$ 210.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample)4each$ 365.00$ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples)5each$ 1,465.00$ 7,325.00 Subtotal:$ 15,488.00 September 2018 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting31hour$ 175.00$ 5,425.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist18hour$ 175.00$ 3,150.00 Environmental Technician60hour$ 103.00$ 6,180.00 Subsistence 4day$ 170.00$ 680.00 Sampling Vehicle5day$ 70.00$ 350.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples)29each$ 365.00$ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample)2each$ 1,465.00$ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples)4each$ 465.00$ 1,860.00 Subtotal:$ 31,361.00 2018 Annual Detection Monitoring Report: Hydrogeologist20hour$ 175.00$ 3,500.00 Subtotal:$ 3,500.00 2018 Update to Background Statistical Evaluation Report: Hydrogeologist25hour$ 175.00$ 4,375.00 Subtotal:$ 4,375.00 2018 Groundwater Statistical Analysis Software: Sanitas for Groundwater Software Annual Maintenance Agreement (cost +15%)1LS$ 400.00$ 400.00 Subtotal:$ 400.00 2018 Contingency Funds: Subtotal:$ 2,500.00 December 2018 Quarterly Verification Re-sampling, & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring)8hour$ 175.00$ 1,400.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist12hour$ 175.00$ 2,100.00 Page 2 of 3 DocuSign Envelope ID: 30412494-E2CD-4FD1-ACE3-DDCA15EFC56C EXHIBIT A PROBABLE COST ESTIMATE August 3, 2016 2017-2019 Landfill Hydrogeological Consulting and Analytical Services City of Denton Landfill (MSW Permit No. 1590A) Denton (Denton County), Texas Environmental Technician34hour$ 103.00$ 3,502.00 Subsistence 2day$ 170.00$ 340.00 Sampling Vehicle3day$ 70.00$ 210.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample)4each$ 365.00$ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples)5each$ 1,465.00$ 7,325.00 Subtotal:$ 16,538.00 March 2019 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting27hour$ 180.00$ 4,860.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist18hour$ 180.00$ 3,240.00 Environmental Technician60hour$ 105.00$ 6,300.00 Subsistence 4day$ 180.00$ 720.00 Sampling Vehicle5day$ 70.00$ 350.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples)29each$ 365.00$ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample)2each$ 1,465.00$ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples)4each$ 465.00$ 1,860.00 Subtotal:$ 31,046.00 June 2019 Quarterly Verification Re-sampling & Assessment Monitoring Event: Statistical Evaluation and Reporting (Verification/Assessment Monitoring)4hour$ 180.00$ 720.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist10hour$ 180.00$ 1,800.00 Environmental Technician34hour$ 105.00$ 3,570.00 Subsistence 2day$ 180.00$ 360.00 Sampling Vehicle3day$ 70.00$ 210.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (3 wells & 1 QC sample)4each$ 365.00$ 1,460.00 Verification/Assessment Appendix II Constituents (3 wells & 2 QC samples)5each$ 1,465.00$ 7,325.00 Subtotal:$ 15,646.00 September 2019 Semi-Annual Detection/Background Monitoring Event: Statistical Evaluation and Reporting31hour$ 180.00$ 5,580.00 Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist, Groundwater Contour Map, and Report Preparation: Hydrogeologist18hour$ 180.00$ 3,240.00 Environmental Technician60hour$ 105.00$ 6,300.00 Subsistence 4day$ 180.00$ 720.00 Sampling Vehicle5day$ 70.00$ 350.00 Mileage335mile$ 0.60$ 201.00 Analytical Services: Updated Table 5-1 GWSAP Constituents (20 wells, 7 QC samples, & 2 leachate samples)29each$ 365.00$ 10,585.00 Assessment Appendix II Constituents (MW-4U & 1 QC sample)2each$ 1,465.00$ 2,930.00 Waste Water Pre-Treatment Constituents (2 leachate samples)4each$ 465.00$ 1,860.00 Subtotal:$ 31,766.00 2019 Annual Detection Monitoring Report: Hydrogeologist20hour$ 170.00$ 3,400.00 Subtotal:$ 3,400.00 2019 Groundwater Statistical Analysis Software: Sanitas for Groundwater Software Annual Maintenance Agreement (cost +15%)1LS$ 400.00$ 400.00 Subtotal:$ 400.00 2019 Contingency Funds: Subtotal:$ 2,500.00 TOTAL:$ 304,961.00 Notes: 1. Scope of work allows for two (2) assessment monitoring events with a total of three (3) wells each. 2. Additional work will be performed upon authorization by the City of Denton utilizing the unit rates as shown above. Page 3 of 3 Certificate Of Completion Envelope Id: 30412494E2CD4FD1ACE3DDCA15EFC56CStatus: Completed Subject: City Council Docusign Item - REVISED 6231 PSA for Groundwater Monitoring Svs (Solutient Geosciences) Source Envelope: Document Pages: 22Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 0Rebecca Hunter AutoNav: Enabledrebecca.hunter@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: OriginalHolder: Rebecca HunterLocation: DocuSign 9/13/2016 8:24:49 AM rebecca.hunter@cityofdenton.com Signer EventsSignatureTimestamp Rebecca HunterSent: 9/13/2016 8:29:00 AM Completed rebecca.hunter@cityofdenton.comViewed: 9/13/2016 8:29:17 AM Senior BuyerSigned: 9/13/2016 8:30:19 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Leslie A. Jeske, P.G.Sent: 9/13/2016 8:30:20 AM ljeske@solutientgeosciences.comViewed: 9/13/2016 8:36:16 AM Security Level: Email, Account Authentication Signed: 9/13/2016 8:36:27 AM (Optional) Using IP Address: 75.109.193.211 Electronic Record and Signature Disclosure: Accepted: 9/13/2016 8:36:16 AM ID: 490f701e-ef6c-4452-b17a-77996ba3d617 John KnightSent: 9/13/2016 8:36:30 AM john.knight@cityofdenton.comViewed: 9/13/2016 8:41:46 AM Deputy City AttorneySigned: 9/13/2016 8:41:56 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia WinkleySent: 9/13/2016 8:41:58 AM Completed julia.winkley@cityofdenton.comViewed: 9/13/2016 9:20:30 AM Contracts Administration SupervisorSigned: 9/21/2016 8:22:02 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Signer EventsSignatureTimestamp Howard MartinSent: 9/21/2016 8:22:06 AM howard.martin@cityofdenton.comViewed: 9/22/2016 10:59:28 AM Interim City ManagerSigned: 9/22/2016 10:59:40 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jennifer WaltersSent: 9/22/2016 10:59:43 AM jennifer.walters@cityofdenton.comViewed: 9/26/2016 2:37:57 PM City SecretarySigned: 9/26/2016 2:38:11 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Julia WinkleySent: 9/13/2016 8:36:29 AM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri ThurmanSent: 9/13/2016 8:36:29 AM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane RichardsonSent: 9/21/2016 8:22:04 AM jane.richardson@cityofdenton.comViewed: 9/22/2016 9:50:26 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Robin FoxSent: 9/21/2016 8:22:05 AM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Carbon Copy EventsStatusTimestamp Electronic Record and Signature Disclosure: Accepted: 10/9/2015 11:39:51 AM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jennifer BridgesSent: 9/26/2016 2:38:13 PM jennifer.bridges@cityofdenton.comViewed: 9/27/2016 6:53:31 AM Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane RichardsonSent: 9/26/2016 2:38:14 PM jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Scott LebsackSent: 9/26/2016 2:38:16 PM scott.lebsack@cityofdenton.comViewed: 9/26/2016 2:49:55 PM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted9/26/2016 2:38:16 PM Certified DeliveredSecurity Checked9/26/2016 2:38:16 PM Signing CompleteSecurity Checked9/26/2016 2:38:16 PM CompletedSecurity Checked9/26/2016 2:38:16 PM Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the 'I Agree' box, I confirm that: •I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and •I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and •Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you.