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23-331ORDINANCE NO. 23-331 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICWALCORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND SOLUTEENT GEOSCIENCES, INC., AMENDngG THE CONTRACT APPROVED BY THECITY COUNCIL ON JANUARY 28, 2020, IN THE NOT-TO-EXCEED AMOUNT OF$321,415.00; SAUD FIRST AMENDMENT TO CONTINUE TO PROVDEHYDROGEOLOGiCAL AND ANALYTICAL SERVICES REGARDING THE CITY’S LANDFnl MONITORING AND REPORTING REQUHkEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE (RFQ7109-005 – PROVDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $116,202.00, WITH THE TOTAL CONTRACT AMOUNT NOT- TO-EXCEED $437,617.00). WHEREAS, on October 8, 2019, the City Council approved a pre-qualified professional and engineer list (Ordinance 19-2305); and WHEREAS, on January 28, 2020, City Council awarded a contract to Solutient GeoSciences, Inc. in the amount of $321,415.00, for landfill hydrogeological consulting and analytical services regarding the City’s Landfill monitoring and reporting requirements; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAnvs: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Solutient GeoSciences, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Sixteen Thousand Two Hundred Two and 0/100 ($ 116,202.00) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be effective upon the execution ofthe amendment attached hereto. The total contract amount increases to $437,617.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve.this ordinance was made by Jc ',sc D', y , I and „„„d,d by L/.-,k'. ' ;By, J . Thi, , db ythe following vote K-a : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : VACANT. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: .JJ / / ,/ / PASSED AND APPROVED this the 7 +'-day,f Gb,ya,y , 2023 SPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY L\\ \ \\It BIll I//;%.DEN rd IFdPhef'''hidP \B+V Bapdz APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City BY: - \x#,c\'cH B: Ice:Ti;;B1 .12 22:09:16 46'oo' I£I L&b:rH:tunn@dtyddent] DocuSign Envelope ID: 9BOB3582-615C4039-9411-36C07EOC8766 Docusign City Council Transmittal Coversheet 7109–005 File Name Groundwat,, S,„,lces, A ,„end,„,nt 1 Purchasing Contact ChrIsta Christian City Council Target Date FEBRUARY 7 ’ 2023 1 i cab1 ePiggy Back Option Contract Expiration Ordinance rDF\ Not App N/A 23-331 DocuSign Envelope ID: 9BOB3582-615C4039-9411-36C07EOC8766 FIRST AMENDMENT TO CONTRACTBY AND BETWEEN THE CITY OF DENTON, TEXASAND SOLUTIENT GEOSCIENCES, INC.PSA 7109-005 THE STATE OF TEXAS § §COUNTY OF DENTON THIS FIRST AMENDMENT TO CONTRACT 7109-005 (“Amendment”) by and between the City of Denton, Texas (“City”) and SOLUTIENT GEOSCIENCES, INC. (“Consultant”); to that certain contract executed on January 28, 2020, in the original not- to-exceed amount of $321,415 (the “Agreement”); for services related to hydrogeological consulting and analytical services (Ground Water Services). WHEREAS, the City deems it necessary to further expand the services provided by Consultant to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $116,202 with this Amendment for an aggregate not-to-exceed amount of $437,617 and FURTHERMORE, the City deems it necessary to fUrther expand the goods/services provided by Consultant to the City; NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the “Parties”), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1.The additional services described in Exhibit 'W’ of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related tothe hydrogeological consulting and analytical services (Ground WaterServices), are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, the City agrees to pay, based on the cost estimate detail attached as Exhibit “A“ a total fee,including reimbursement for non-labor expenses an amount not to exceed $ 1 16.202 2. This Amendment modifies the Agreement amount to provide an additional $ 116,202 for the additional services with a revised aggregate not to exceed total of $437,617. The Parties hereto agree, that except as specifically provided for by this Amendment, thatall of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. 7109-005 PSA – Amendment #1 Page 1 of 2 DocuSign Envelope ID: 9BOB3582-615C4039-9411-36C07EOC8766 IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electronically, byaN Mygh their respective duly authorized representativesand officers on this date “CITY““CONSULTANT” CITY OF DENTON, TEXAS A Texas Municipal Corporation SOLUTIENT GEOSCIENCES, INC. By: AUTHORizED SIGNATURE, TITLE ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK RENWAND, CITY ATTORNEY Re&4RLol THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Br1 an Boerner PRPqTED NAME D1 rector of So11d WasteTITLE SWR DEPARTMENT 7109-005 PSA – Amendment # 1 Page 2 of 2 DocuSign Envelope ID: 9BOB3582-615Cdj039-9411-36C07EOC8766 EXHIBIT A Solutient GeoSciences. Inc 3800 Paluxy Drive, Suite 260 Tyler, Texas 75703(903) 5814340 Tel (903) 581 -4399 Fax June 14, 2022 Ami Reeder Regulatory Compliance Manager City of Denton 1527 S. Mayhill Road Denton, Tx. 76208 Re:Proposal 2023 Landfill Hydrogeological Consulting and Analytical Services City of Denton Landfill (MSW Permit No. 1590A) 1527 S. Mayhill Road Denton (Denton County), Texas Dear Ms. Reeder: 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 1-year extension period commencing January 1, 2023 and ending December 31, 2023 for the existing professional services agreement 7109-005. 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. •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 DocuSign Envelope ID: 9BOB3582-615C4039-9411-36C07EOC8766 Ami Reeder, City of DentonJune 14, 2022 Page 2 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 oftwenty 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 a TCEQ-accredited analytical laboratory. 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 and assessment groundwater monitoring report. Background Statistical Evaluation Report - perform evaluation of most recent 2- year period of analytical data in 2020 and incorporate into background data, as approprrate. 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 City’s landfill 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 January 1, 2023 DocuSign Envelope ID: 9BOB3582-615C4039-9411-36C07EOC8766 Ami Reeder, City of Denton June 14, 2022 Page 3 December 3 1, 2023 should not exceed $ 116,202.00. 1n the event additional services are required beyond those detailed in this contract, such will be performed on a time andmaterials basis at the unit rates 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. Texas Geoscience Firm Registration No. 50004 @ Leslie A. Jeske, P.G Hydrogeologist, License No. 670 Attach: Probable Cost Estimate DocuSign Envelope ID: 9BOB3582415C4039-9411-36C07EOC8766 PROBABLE COST ESTUWATE June 14, 2022 2023 Landfill Hydrogeological Consulting and Analytical ServicesCity of Denton Landfill (MSW Permit No. 1590B) Denton (Denton County), Texas Item It i 77 r Cost 1 MRoI;iMcm;;;TsIMmi-iT;t==m)Himt==Ten=on=) ;;;iiI;p-;it-F;;F)aration:'drogeojogjstr amm m :ical Data Evaluation Checklist,=Ft m) hour hour daI daymile 205.00 120.00 185.00 75.00 0.68 3 ,690.00 7,200.00740.00 375.00 255.00 W evial Ti;amplin lleage;a:'tiaim;;upTEaff;iETi-dT#m-miiMnmiss;iii;TiM);i;Txli–Cmnts (3 weIRents (2 -1% 5 375 PC sai@ 2 leachate sawles)each each each $ 345.00 $ 1 ,295.00 $ 844.00Subtotal: 10,005.00m(m5 1Ta)GiT=am GroundwatcF{t','llcmistry, Review. Data Basal bl'MIl Contour MaD, and Report Preparatiorilydrogeolo3i ,nvironmcntal Tec twInWIMmbM:mileaj; T @ W hour hour daI (1 G1 1 mile each each 205.00 120.00 185.00 70.00 0.68 2,460.004.080.00m(210.00 255.00icaFe;ii;eT Updated Table 5-1 GWSAP Constituents (3 wells & I Verification/Assesslnent A1 }C sample)$ 345.00 $ 1 ,295.00Subtotal: 1 ,380.00 6,475.00Mm/;Pm1)=stryR=;feFBmm>m1 Groundwater Contour Mamma TaMariiiilvdrog=Frvirori;mmHmFi) ical Data E\aluatlon Checklist, T M m hour hour daIifiImil; 205.00 120.00 185.00 75.00 0.68 3.690.00 7.200.00 740.00 375.00 255.00 c K samples, & 2 leachate samples) Assessment Appendix II Constituents ( 3 well, ).I i , i each each each $ 345.00 $ 1 ,295.00$ 844.00 Subtotal: 10,005.00 3,885.00 3,376.005 ai=m;;GiaGroundwater Chemistry Review. Ma Base Update.N Im==o=m,> PreparaFo=[mgiTaim Flvironmental TechnicianmMImla) a1 ; ileage mia111 on i @ M hour hour dayda' mile each each 205.00 120.00 185.00 75.00 0.68 2.460.00 4.080.00 370.00 225.00 255.00Him;e=im(m)BHmS-Annie=TTimm:=lb+Mm $ 345.00 $ 1 ,295.00 Subtotal : 1,380.006,475.006 ) To mt { Subtotal: m+ WI H®§lent (COSt + 150 b)" m T rs Subtotal: MI 600.00 B n1 :IF 2 Subtotal:MlW mI ] T O 1 1. Scope of work allows for two (2) assessment monitoring events with a total of three (3) \veIls each. Notes 2. Additional work will be performed upon authorization by the City of Denton utilizing the unit rates as shown above Page 1 of 1 DocuSign Certificate Of Completion Envelope Id: 9BOB3582615C4039941 136C07EOC8766 Subject: Please DocuSign: City Council Contract 71094)05 Groundwater Services, Amendment 1 , Source Envelope: Status: Completed NTE Increase Document Pages: 7 Certificate Pages: 6 AutoNav: Enabled Signatures: 5 Envelope Originator: Christa Christian 901 B Texas Street Initials: 1 Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada)Christa.Christian@cityofdenton.com IP Address: 198.49.140.104 Denton, TX 76209 Record Tracking Status: Original 1/3/2023 12:19:15 PM Holder: Christa Christian Christa.Christian@cityofdenton.com Location: DocuSign Signer Events Christa Christian christa.christian@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication(None) Electronic Record and SIgnature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 1/3/2023 12:34:21 PM Viewed: 1/3/2023 12:34:49 PM Signed: 1/3/2023 12:34:56 PM Completed Using IP Address: 198.49.140.104 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 1/3/2023 12:35:00 PM Viewed: 1/3/2023 1 :42:11 PM Signed: 1/3/2023 1 :42:34 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication(None) 'DocuSigned by: IhLArLLLhL#hpl .4B070831B4AA438 Sent: 1/3/2023 1 :42:39 PM Resent: 1/6/2023 8:18:24 AM Viewed: 1/6/2023 2:02:29 PM Signed: 1/6/2023 2:05:14 PMSignature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and SIgnature Disclosure:Not Offered via DocuSign Leslie A. Jeske ljeske@solutientgeosciences.com President Security Level: Email, Account Authentication(None) 'DocuSlgned by: I hit d. Jcsk ,849DOFF8C3F3477. Sent: 1/6/2023 2:05:17 PM Viewed: 1/6/2023 2:06:02 PM Signed: 1/6/2023 2:06:40 PM Signature Adoption: Pre-selected Style Using IP Address: 75.109.194.145 Electronic Record and Signature Disclosure:Accepted: 1/6/2023 2:06:02 PMID: le66460f-a98b4564-80d9-1 1 d76acd4972 Signer Events Brian Boerner brian.boerner@cityofdenton.com Director of Solid Waste Security Level: Email, Account Authentication(None) Signature T.DocuSigned by:i /'x-,DCD14331B89A4A9 Timestamp Sent: 1/6/2023 2:06:44 PM Viewed : 1/6/2023 2:39:14 PM Signed: 1/6/2023 2:39:57 PM Signature Adoption: Drawn on Device Using IP Address: 107.120.35.50 Signed using mobile Electronic Record and Signature Disclosure:Accepted: 1/6/2023 2:39:14 PMID: a8868a94-303d4f76-b4a041b47459cfbb Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 1/6/2023 2:40:04 PM Viewed: 2/8/2023 8:47:33 AM Signed: 2/8/2023 8:47:57 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 2/8/2023 8:48:02 AM Viewed: 2/8/2023 10:00:38 AM Signed: 2/8/2023 10:00:46 AM Signature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) Sent: 2/8/2023 10:00:52 AM Viewed: 2/8/2023 11 :32:45 AM Signed: 2/8/2023 1 1 :33:01 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 2/8/2023 11 :32:45 AMID: 15207abf-f942-+46a-aa64<14bd29d60956 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 1/3/2023 12:35:01 PM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 1/6/2023 2:40:01 PM Viewed: 1/9/2023 3:00:05 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) ElectronIc Record and Signature Disclosure:Not Offered via DocuSign Sent: 2/8/2023 1 1 :33:07 AM Viewed: 2/8/2023 12:18:14 PM Ami Reeder ami.reeder@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 12/14/2022 10:08:32 AMID: b3ae9d8c-1 b514315-b6cd-71be6247b666 Sent: 2/8/2023 1 1 :33:11 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 1/3/2023 12:34:21 PM 2/8/2023 1 1 :32:45 AM 2/8/2023 1 1:33:01 AM 2/8/2023 11 :33:11 AM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Leslie A. 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