2009-291ORDINANCE NO.2009- 2CI I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A" PROFESSIONAL SERVICES AGREEMENT WITH
SOLUTIENT GEOSCIENCES, INC. FOR PERFORMING PROFESSIONAL
HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES REGARDING
THE CITY OF DENTON, TEXAS MUNICIPAL LANDFILL (MSW PERMIT NO. 1590-A);
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR
RETROACTIVE RATIFICATION AND APPROVAL THEREOF; AND PROVIDING AN
EFFECTIVE DATE (NOT-TO-EXCEED $112,490.65).
WHEREAS, the City Council deems that it is in the public interest to continue to engage
Solutient Geosciences, Inc., a Corporation, of Tyler, Texas ("SGI"), to provide professional
hydrogeological consulting and analytical services for the City pertaining to the City of Denton
Landfill (MSW Permit No. 1590A); the City Council has engaged SGI for a number of
consecutive years to perform these professional services, and has been satisfied as to the quality
and reasonable price of their work; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-referenced professional consulting and hydrogeological services, and. that limited
City staff cannot adequately perform the' specialized services and tasks with its own personnel;
and
WHEREAS, it is necessary for the professional services provided by SGI to begin on
October 1, 2009, and the timing involved in the contract approval process dictates that this
ordinance be ratified and approved effective as of October 1, 2009, which continues the
professional services contracted by the City with SGI for similar services for the City's landfill,
without interruption; and :
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of _
professional services on the basis of competitive bids, but must select the provider on the basis of l
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 The City Manager is hereby authorized to execute a Professional Services
Agreement with Solutient Geosciences, -Inc., a Corporation, of Tyler, Texas, in an amount not-to-
exceed $112,490.65 for hydrogeological and analytical professional services, pertaining to the
City of Denton Landfill (MSW Permit No. 1590A); in substantially the form of the Professional
Services Agreement attached hereto as Exhibit "A" which is incorporated herewith by reference.
1
SECTION 2: The award of this Agreement by the City is on the basis of the continued
demonstrated competence, knowledge, and qualifications of SGI and the continued demonstrated
ability of SGI to perform the services needed by the City for a fair and reasonable price.
SECTION 3: The expenditure of funds as provided in the attached Professional. Services
Agreement is hereby authorized.
SECTION 4: The effective date of the Professional Services Agreement approved
hereby, is hereby ratified, confirmed, and made effective as of the 1St day of October, 2009.
SECTION 5: Otherwise, except as stated in- Section 4 hereinabove, this ordinance shall
become effective immediately upon its passage and approval.
PASSED AND APPROVED this the day of A&& , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i k- ~ -
t
APPROzVED ATO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
2
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR PERFORMING HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
PERTAINING TO THE CITY OF DENTON LANDFILL
THIS AGREEMENT is made and entered into on this the ="daY of Vft0k~1,2009,
1L by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal
offices at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER"); and Solutient
GeoSciences, Inc., a Corporation, with its corporate office at 3800 Paluxy Drive, Suite 260, Tyler,
Texas 75703 (hereinafter "CONSULTANT"); the parties acting herein - by and through their
respective duly-authorized representatives and officers.
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 CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the Articles to follow, with diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas. The professional services set forth
herein are in connection with the following described project (the "Project"):
Performing those professional services described in CONSULTANT'S "Proposal - 2010
Landfill Hydrogeological Consulting and Analytical Services" letter issued on September 15,
2009 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; Piezometer and Water Well Plugging.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner:
Reference is hereby 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 CONSULTANT, if authorized by OWNER, which
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are not included as Basic Services in the above-described Scope of Services, set forth in Article H
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
The parties hereby agree that in any event, this Agreement shall be ratified, confirmed and
approved retroactively from and after October 1, 2009. Work shall commence upon the issuance of
a notice to proceed to CONSULTANT by the OWNER. This Agreement shall remain in force for
the period that 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 September 30,
2010, whichever event shall first occur. This Agreement may be sooner terminated in accordance
with the provisions hereof. Time is of the essence in the performance of this Agreement.
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule(s) reasonably 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 actual cost plus fifteen (15%) percent, 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 CONSULTANT
herein, 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 H above, as
follows:
1. 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 1/4 hour
increments of time, at the rates and subject to the terms set forth in CONSULTANT's
"Probable Cost Estimate" dated September 15, 2009, which is contained as pages 5 and 6 of
Exhibit "A" hereto, which is incorporated by reference herein. OWNER shall pay to
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CONSULTANT for its professional services performed, and for its out-of pocket expenses
incurred in the Project, a total amount not to exceed $112,490.65.
2. 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 (5%) percent of the above
not-to-exceed amount until satisfactory completion of the Project by CONSULTANT.
3. Nothing contained in this Article shall require the OWNER to pay for any work that is
not submitted in compliance with the terms of this Agreement. OWNER shall not be
required to make any payments to CONSULTANT at any time when CONSULTANT is in
default under this Agreement.
4. 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 not-to-exceed amount
as stated hereinabove, without first having obtained the prior written authorization of the
OWNER. CONSULTANT shall not proceed to perform any services to be later provided for
under Article III. "Additional Services" without first obtaining prior written authorization
from the OWNER.
C. ADDITIONAL SERVICES: For Additional Services authorized in writing by the
OWNER in Article III. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-
upon 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, and Article V.B. hereinabove. Statements for Basic Services and any Additional
Services shall be submitted to OWNER no more frequently than once monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month from and after the said thirtieth (30th) day, and in
addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under this Agreement until the CONSULTANT has been paid in
full for all amounts then due and owing, and not disputed by OWNER, for services, expenses
and charges. Provided, however, nothing herein shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth herein, if the OWNER reasonably
determines that the CONSULTANT's work is not submitted in accordance with the terms of
this Agreement, in accordance with Article V.B. of this Agreement, and OWNER has
promptly notified CONSULTANT of that fact in writing.
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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 CONSULTANT.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT 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 the Agreement in another project or for other purposes
than specified herein any of the information or materials developed pursuant to this Agreement,
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
officials, officers, agents, attorneys 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, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and 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 party's 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.
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
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Texas by the State Insurance Board or any successor agency, that has a rating with A. M. 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 $1,000,000 for each
person and not less than $1,000,000 for each accident and with property damage limits for
not less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employer's Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance or appropriate Errors & Omissions Insurance with limits of
not less than $1,000,000 annual aggregate.
E. 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 to the extent that is legally possible, and shall contain a
provision that such insurance shall not be cancelled 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 of coverage, deliver copies of any
such substitute policies, furnishing at least the same policy limits and coverage, to OWNER.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties will make efforts to settle any disputes arising under this Agreement by
submitting the dispute to arbitration or other means of alternate dispute resolution such as
mediation. However, no arbitration or other form of alternate dispute resolution arising out of, or
relating to this Agreement involving one party's disagreement may include the other party to the
disagreement without the other's approval.
ARTICLE X II
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty (30) days advance written notice to the other party.
B. This Agreement may alternatively 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 effected 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
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
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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 upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNER within
twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance with Article
V. of this Agreement. Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant. If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant. 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 files.
ARTICLE XIH
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, .its officers, employees, or agents, for the
accuracy and competency of their work performed pursuant to this Agreement; nor shall such
approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for
any defect in the work prepared by the CONSULTANT, its principals, officers, employees, and
agents.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in
the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein.
To CONSULTANT:
Solutient GeoSciences, Inc.
Leslie A. Jeske, P.G.
3800 Paluxy Drive, Suite 260
Tyler, Texas 75703
Phone: (903) 581-4340
Fax: (903) 581-4399
To OWNER:
City of Denton, Texas
George C. Campbell, City President
215 East McKinney Street
Denton, Texas 76201
Fax: (940) 349-8596
and
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David Dugger, Landfill Manager
City of Denton, Texas
5166 Foster Road
Denton, Texas 76208
Phone: (940) 349-8001
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first
occur.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of eleven (11) pages and the one (1) Exhibit hereto, said Exhibit
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,
understandings, and agreements which may have been made in connection with the subject matter
of this Agreement.
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 the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may.now read
or as they may hereafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, CONSULTANT shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
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ARTICLE XIX
PERSONNEL
A. 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 immediately inform the OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may discover, or which may arise during
the term of this Agreement.
B. OWNER requires that CONSULTANT carefully safeguard all documents, data, and
information provided by OWNER to CONSULTANT incident to this engagement.
CONSULTANT recognizes that such documents; data; and information; involve sensitive,
competitive issues; in some cases, confidential information; and in some cases proprietary
information; and the disclosure of such information by CONSULTANT to any third party,
without the express written consent of OWNER, is expressly prohibited by OWNER, and
would likely cause economic loss and detriment to OWNER. Any such unauthorized
disclosure of information by CONSULTANT shall constitute an act of default respecting this
Agreement. CONSULTANT represents to OWNER that it will safeguard OWNER's
information and will, upon OWNER'S reasonable request, provide OWNER with
CONSULTANT'S policies regarding its procedures for identifying conflicts of interest, and
its procedures and safeguards which are in place which would apply to CONSULTANT'S
treatment and handling of OWNER'S documents, data, and information during this
engagement.
C. All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under applicable state and local laws
to perform such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any
interest in this Agreement (whether by assignment, novation or otherwise) without the prior written
consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of its
name as well as of any material change in its corporate structure, its location, and/or in its
operations.
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ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the parry to be charged therewith.
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, unless such waiver or modification is in writing, duly executed.
The parties further agree that the provisions of this Article will not be waived unless as herein set
forth.
ARTICLE XXII
MISCELLANEOUS
A. 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 for 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
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 of I% 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 ten (10) business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this
Agreement 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.
B. 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.
C. For purposes of this Agreement, the parties agree that Leslie A. Jeske ("Jeske") shall serve as
the Project Manager for CONSULTANT respecting this engagement. This Agreement has
been entered into with the understanding that Jeske shall serve as the CONSULTANT's
Project Manager and will be the key person serving the OWNER on this Project. Any
proposed changes requested by CONSULTANT, respecting Jeske serving as the Project
Manager on the Project, shall be subject to the approval of the OWNER, which approval the
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OWNER shall not unreasonably withhold. Nothing herein shall limit CONSULTANT from
using other qualified and competent members of its firm to perform the other services
required herein, under its supervision or control.
D. CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof. In accomplishing the Project, 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.
E. The OWNER shall assist and fully cooperate with 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 to, and
make all provisions for the CONSULTANT to enter in or upon, public and private property
as required for the CONSULTANT to perform professional services under this Agreement.
OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon
background information furnished to it by OWNER without the need for further inquiry or
investigation into such information.
F. 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.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly authorized City Manager; and CONSULTANT
has executed this yAeement by and through its duly authorized undersigned officer, on this the
174 day of , 2009, but to be ratified, confirmed and effective as of the
1St day of October, 2'60'9.
"OWNER"
CITY OF DENTON, TEXAS
A Municipal Corporation
By: i~~
GEORG C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
,4
"CONSULTANT'
SOLUTIENT GEOSCIENCES, INC.
A Texas Corporation
By: - G .
Its
ATTEST:
By:
Secretary
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Solutient GeoSciences, Inc.
3800 Paluxy Drive, Suite 260
Tyler, Texas 75703
(903) 5814340 tel (903) 5814399 fax
September 15, 2009
David Dugger
Landfill Superintendent
City of Denton
5166 Foster Road
Denton, Tx. 76208
Re: Proposal
2010 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, 2009. 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
September 15, 2009
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 Wizard' micropurge system. The existing wells and new
wells will be sampled semi-annually for the proposed Table 5-1 constituents.
Additionally, two (2) quarterly background events will be performed for the three
(3) new wells for which groundwater samples will be analyzed for the proposed
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-
sampling/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.
• Piezometer and Water Well Plugging - includes a provision for planning,
supervision, and subcontractor plugging and abandonment of nine (9)
piezometers and one (1) water well located at the landfill facility. Upon
completion of the field work, a summary report of the plugging activities will be
.,prepared and submitted to the TCEQ and City of Denton for inclusion in the
landfill site operating record.
• Gas Extraction Well Installation Project Management - includes project
management for installation of five (5) 6-inch by 75-foot deep gas extraction
wells. Upon completion of the field work, a summary report of the installation
activities will be prepared and submitted to the TCEQ and City of Denton for
inclusion in the landfill site operating record.
Mr. David Dugger, City of Denton
September 15, 2009
Page 3
• 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, 2009 -
September 30, 201 should not exceed $ 112,490.65. 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.
Mr. David Dugger, City of Denton
September 15, 2009
Page 4
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
September 15, 2009
2009-2010 Landfill Hydrogeological Consulting and Analytical Services
City of Denton Landfill (MSW Permit No. 1590A)
Denton (Denton County), Texas
Item
uanti
Unit
Unit Rate
Cost
Sanitas for Groundwater Software Annual Maintenance Agreement cost +15%
1
LS
$
375.00
$
375.00
centber 101fIM-0[er[y Baekgr d; Y J7cuNon'R san'rpling, & Assessment Mon llo'ring~Event:
Statistical Evaluation and Reporting Verification/Assessment Monitoring) 6
Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist,
wells
Subtotal:
$ 190.00
$
$
375.00
11
1 140.00
Groundwater Contour Map, and Report Preparation:
H dro eolo t
CADD Operator
Environmental Technician
Subsistence
Sampling Vehicle
Mileage
12
3
34
2
3
325
hour
hour
hour
Jay
day
mile
$
$
$
$
$
$
135.00
60.00
92.00
115.00
60.00
0.75
$
$
$
$
$
$
1,620.00
180.00
3,128.00
230.00
180.00
243
75
Analytical Services:
.
Updated Table 5-1 GWSAP Constituents 3 wells & 3 C samples)
6
each
$
340.40
$
042
2
40
Verification/Assessment Appendix II Constituents 3 wells & 2 C samples)
5
each
$
1,337.50
$
,
.
6,687.50
;_rchj20104Eyg liuiual~, ec~ioit/BaekgioundL
Mon_hortngEvent:_
Statistical Evaluation and Reporting
Groundwater Chemistry Review, Data Base Update, Anal ical Data Evaluation Checklist,
3
ells
Subtotal:
$ 190.00
$
$
15,451.65
4,370.00
Groundwater Contour Map, and Report Preparation:
H dro eolo st
CADD Operator
18
3
hour
hour
$
$
135.00
60.00
$
$
2,430.00
180.00
Environmental Technician
Subsistence
60
4
hour
day
$
$
92.00
115.00
$
$
5,520.00
460.00
Sampling Vehicle
5
day
60.00
$
300.00
Mileage
Analytical Services:
325
mile
$
0.75
$
243.75
Updated Table 5-1 GWSAP Constituents 23 wells, 9 C samples, & 2 leachate samples)
34
each
$
340.40
$
11,573.60
Assessment Appendix II Constituents MW4U & 1 C sample)
2
each
$
1,337.50
$
2
675.00
Waste Water Pre-Treatment Constituents 2 leachate samples)
2
each
$
384.10
$
,
768.20
'tinelOl~rQuarterlyBaclFgroun°w~iwe`rifi_cationRe-sanipliiegi&,Assessin_en__tMonltorlit_gtEvent_
Subtotal:
$
28,52055
Statistical Evaluation and Reporting Verification/Assessment Monitoring)
Groundwater Chemistry Review, Data Base Update, Analytical Data Evaluation Checklist,
6
wells
$
190.00
$
1,140.00
Groundwater Contour Map, and Report Preparation:
H ydro eolo st
12
hour
$
135.00
$
1,620.00
CADD Operator
3
hour
$
60.00
$
180.00
Environmental Technician
34
hour
$
92.00
$
3
128.00
Subsistence
2
day
$
115.00
$
,
230.00
Sampling Vehicle
3
day
$
60.00
$
180.00
Mileage
325
mile
$
0.75
$
243.75
Analytical Services:
Updated Table 5-1 GWSAP Constituents 3 wells & 3 C samples)
6
each
$
340.40
$
2,042.40
Verification/Assessment Appendix II Constituents 3 wells & 2 C samples)
5
each
$
1,337.50
$
6,687.50
eptemb~2010~Seini'Annua~Detecxion/Baekgro"""_and Monitoring Event:
Statistical Evaluation and Reporting
23
wells
Subtotal:
$ 190.00
$
$
15,451.65
4
370.00
Ground
water Chemistry Review Data Base Update, Analytical Data Evaluation Checklist
,
Groundwater Contour Ma and Report Preparation:
H dro eolo st
18
hour
$
135.00
$
2
430.00
CADD Operator
3
hour
$
60.00
$
,
180.00
Environmental Technician
60
hour
$
92.00
$
5
520.00
Subsistence
4
day
$
115.00
$
,
460.00
Sampling Vehicle
5
day
$
60.00
$
300.00
Mileage
325
mile
$
0.75
$
243.75
5
Analytical Services:
Updated Table 5-1 GWSAP Constituents 23 wells 9 C samples, & 2 leachate samples)
34
each
$
340.40
$
11
573.60
Assessment Appendix II Constituents MW4U & 1 sample)
2
each
$
1 337.50
$
,
2
675.00
Waste Water Pre-Treatment Constituents 2 leachate samples)
I
2
each
$
384.10
$
,
768.20
-
Subtotal:
I
$
28,520.55
Pagel of 2
PROBABLE COST ESTIMATE
September 15, 2009
2009-2010 Landfill Hydrogeological Consulting and Analytical Services
City of Denton Landfill (MSW Permit No. 1590A)
Denton (Denton County), Texas
-ug~d Aba don Alezo L&ers and~W Kr well:
dro eolo st
20
hour
$ 135.00
$
2
700
00
Drillin Contractor - Plug & Abandon Piezometers & Wells cost +15%
1
LS
$ 2
530
00
$
,
.
Subsistence
,
.
2,530.0
0
Sampling Vehicle
1
day
$ 115.00
$
115.00
Mileage
1
day
$ 60.00
$
60.00
325
mile
$ 0.75
$
243.75
11ud~Abatt`don
___~pieto_melets andjwa'ter well:
Subtotal:
$
5,648.75
H dro eolo t
55
hour
$ 135.00
$
7
425
00
Subsistence
4
day
$ 115.00
$
,
.
460
00
Sampling Vehicle
5
day
$ 60.00
$
.
300
00
Mileage
450
mile
$ 0.75
$
.
337.50
Subtotal:
$
8,522.50
Contingency Fonds
1 _ gals
~$~1,0_i000?~ E$10?000'~
Subtotal:
$
10,000.00
TOTAL:
$
112,490.65
Notes:
1. Scope of work based on assumption that (3) new monitoring wells required by 600-foot point of compliance well permit modification
will be approved by TCEQ and wells installed by December 2009.
2. Scope of work based on Updated Table 5-1 GWSAP constituent list including VOCs and total metals (15).
3. 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 fee schedule.
Hydrogeologist - $135.00 per hour
Geologist - $125.00 per hour
Environmental Technician - $92.00 per hour
CADD Operator - $60.00 per hour
Field Vehicle - $60.00 per day
Mileage - $0.75 per mile
Outside Services (i.e., map reproduction, color photocopies, etc.) - cost +15%
Additional Expenses (i.e., meals, lodging, etc.) - cost +15%
Page 2 of 2