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2008-025ORDINANCE NO. 2008- t9a s AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PERFORMING ADDITIONAL HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL (IN THE ADDITIONAL AMOUNT OF $89,606.75, AND A GRAND TOTAL OF $193,555.55 FOR BOTH THE FIRST AMENDMENT AND THE ORIGINAL AGREEMENT); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to continue to engage the hydrogeological firm Solutient GeoSciences, Inc., a Corporation, of Tyler, Texas ("Solutient"), to provide services respecting an assessment of corrective measures for groundwater at monitoring well MW-4U located at the City of Denton Landfill (MSW Permit No. 1590A); the City Council has previously engaged Solutient to perform other previous hydrogeological consulting and analytical services, and has been satisfied as to both the quality and the price of Solutient's work; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced professional services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel. There is a tight timeline to perform some of the services called for in the First Amendment, and therefore Staff has requested approval of this First Amendment to be effective November 15, 2007; and WHEREAS, the Public Utilities Board of the City of Denton has considered this First Amendment to Agreement and has recommended approval thereof by a vote of 6 to 0 on December 10, 2007; 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 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 recitations in the preamble are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized to execute a "First Amendment to Professional Services Agreement for Performing Hydrogeological Consulting and Analytical Services Pertaining To the City of Denton Landfill" (hereafter the "First Amendment") with Solutient GeoSciences, Inc., a Corporation, of Tyler, Texas for an additional amount not-to-exceed $89,606.75 for further professional hydrogeological services (resulting in a total expenditure authority of not to exceed $193,555.55 for both the Original Agreement and the First Amendment, to the City of Denton Landfill - MSW Permit No. 1590A); in substantially the form of the First Amendment attached hereto as Exhibit "A" and incorporated herewith by reference. SECTION 3: The award of this Agreement by the City is on the basis of the continued demonstrated competence, knowledge, and qualifications of Solutient and the continued demonstrated ability of Solutient to perform the services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached First Amendment is hereby authorized. SECTION 5: This ordinance shall be approved, ratified and confirmed from and after November 15, 2007. SECTION 6: Otherwise this ordinance shall be effective from and after the date of its passage and approval. PASSED AND APPROVED this the day of '2008. 6 WC460 PERK R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CIITY SECRETARY 1 J& By: c~ 1 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY 1 By: 2 STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PERFORMING ADDITIONAL HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL THIS FIRST AMENDMENT is made and entered into on this the day of 2008, but is effective from and after the 15th day of November, 2007, by and between 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 AMENDMENT TO AGREEMENT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the additional services in addition to those services described in that previously approved "Professional Service Agreement for Performing Hydrogeological Consulting and Analytical Services Pertaining to the City of Denton Landfill," (the "Original Agreement") approved by the Denton City Council on November 6, 2007, but effective as of October 1, 2007, in Ordinance No. 2007-258; in connection with the Landfill 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 additional described project regarding the "First Amendment" (the "Project"): Providing an assessment of corrective measures for groundwater at monitoring well MW-4U located at the City of Denton Landfill. This assessment is required as a result of a recent statistically significant occurrence of an assessment monitoring constituent in groundwater. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following additional Basic Services in a professional manner: To perform all those additional services as are set forth in the CONSULTANT's "Proposal for Assessment of Corrective Measures - MW4U - City of Denton, Texas Landfill" in that certain four (4) page letter from Leslie A. Jeske, P.G., Hydrogeologist of the CONSULTANT to Page 1 of 4 David Dugger, Landfill Manager of OWNER, dated December 5, 2007, which letter is attached hereto as Exhibit "A" and is incorporated herewith by reference. ARTICLE III ADDITIONAL SERVICES Any Additional Services to be performed by CONSULTANT, if authorized by OWNER, which are not included as Basic Services in the above-described Scope of Services, set forth in Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, 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 First Amendment shall be ratified, confirmed and approved retroactively from and after November 15, 2007. 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 January 1, 2009, 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 Director 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 First Amendment, 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 II above; as follows: Page 2 of 4 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 '/4 hour increments of time, at the rates and subject to the terms set forth in CONSULTANT's "Probable Cost Estimate" dated December 5, 2007, which is contained as page 4 of Exhibit "A," incorporated by reference herein. OWNER shall pay to CONSULTANT for its professional services performed, and for its out-of pocket expenses incurred in this additional Project, a total amount not to exceed $89,606.75. Added to the original Agreement approved in the Fall of 2007 in an amount not to exceed $103,948.80, the total amount of funds authorized for the two projects is not to exceed $193,555.55. 2. All other provisions contained in Article V. of said Original Agreement are, and shall remain, in full force and effect as to this First Amendment as well. ARTICLE VI PROVISIONS INCOPRORATED BY REFERENCE HEREIN It is agreed and understood that this First Amendment expressly incorporates by reference herein the applicable provisions of Article VI through Article XIV inclusive, of the Original Agreement, as if they were expressly set forth in this document. ARTICLE VII ENTIRE AGREEMENT This First Amendment consisting of pages and one (1) Exhibit hereto, said Exhibits constitute the complete and final expression of the First Amendment of the parties and is intended as a complete and exclusive statement of the terms of their first amended agreement, 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 First Amendment. ARTICLE VIII FURT14ER PROVISIONS INCORPORATED BY REFERENCE HEREIN It is agreed and understood that this First Amendment expressly incorporates by reference herein the applicable provisions of Article XVI through Article XXII inclusive, of the Original Agreement, as if they were expressly set forth in this document. IN WITNESS WHEREOF, the City of Denton, Texas has executed this First Amendment in four (4) original counterparts, by and through its duly authorized City Manager; and CONSULTANT has, ~e, ~e~juted this greement by and through its duly authorized undersigned officer, on this theme r"' day of 2008, but to be ratified, confirmed and effective as of the 15th day of November, 2007. "OWNER" Page 3 of 4 CITY OF DENTON, TEXAS A Texas Municipal Corporation By 1.--. Georg C. Campbell, ity Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRQVED A~TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: ~Qi. 0 P "CONSULTANT' SOLUTIENT GEOSCIENCES, INC. A Corporation By: ATTEST: By: Secretary Page 4 of 4 Solutient GeoSciences, Inc. 3800 Paluxy Drive, Suite 260 Tyler, Texas 75703 (903) 5814340 (903) 5814399 fax December 5, 2007 David Dugger Landfill Superintendent City of Denton 5166 Foster Road Denton, Tx. 76208 Re: Proposal Assessment of Corrective Measures - MW-4U 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 environmental consulting services and materials for performing an assessment of corrective measures for groundwater at monitoring well MW-4U located at the above referenced facility. The assessment is required as a result of a recent statistically significant occurrence of an assessment monitoring constituent in groundwater. Background Information Low levels of various volatile organic compounds ("VOCs") have been continually reported at MW-4U, which monitors groundwater contained within the "upper" sand at the facility, since September 2005. The VOC occurrence in groundwater is believed to be a result of a past landfill gas release within the immediate area with the landfill gas serving as a carrier for the VOCs. However, it has been undetermined as to whether the release may have also included leachate. As a result of the VOC occurrences, MW-4U has been listed in assessment monitoring since March 2006. Results of the statistical evaluation performed for the reported September 2007 groundwater monitoring event analytical data showed an exceedance of the groundwater protection standard ("GWPS") for trichloroethene ("TCE"), a 40 CFR Part 258, Appendix II constituent, of 0.005 mg/1 at MW-4U. Since September 2005, TCE concentrations at MW-4U have varied from 0.00447 mg/1 to 0.013 mg/I. Mr. David Dugger, City of Denton December 5, 2007 Page 2 Scope of Work As a result of the GWPS exceedance for TCE at MW-4U and in accordance with 30 TAC §330.409(g), Solutient will assist the City with preparation of a notification letter to be sent to the executive director and appropriate local government officials notifying them of the occurrence. The notification will be sent within seven days of the GWPS exceedance determination. In addition, the following assessment activities are required and will be completed by Solutient on behalf of the City. • Characterize the nature and extent of the release by installing three additional monitoring wells, including surveys, as necessary. Two of the wells will be installed between MW-4U and the next adjacent wells along the point of compliance before the March 2008 sampling event, and the remaining well will be installed downgradient of MW-4U. All of the wells will be sampled for the 40 CFR Part 258, Appendix II constituents. • Notify in writing all persons that own or occupy land that directly overlies any part of the plume of contamination if contaminants have migrated off site as indicated by the new wells. • Initiate an assessment of corrective measures as required by 30 TAC §330.411 all within 90 days (i.e., February 18, 2008) of the notice to the executive director. The corrective measures assessment shall be completed within 180 days of initiating the assessment measures (not later than August 2008). The assessment shall include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described in §330.413, addressing at least the following. • Performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination, • Time required to begin and complete the remedy, • Costs of remedy implementation, and • Institutional requirements, such as state or local government requirements or other environmental or public health requirements that may substantially affect implementation of the remedy or remedies. Upon completion of the above, the City shall discuss results of the corrective Mr. David Dugger, City of Denton December 5, 2007 Page 3 measures assessment, prior to the selection of a remedy, in a public meeting with interested and affected parties. Solutient will coordinate with the City to arrange for the meeting and provide notice in accordance with the provisions of 30 TAC §39.501(e)(3). In addition, Solutient will provide a presentation for the meeting. In addition, Solutient will perform the following services relative to the assessment of corrective measures. During performance of the corrective measures assessment, assessment monitoring will continue as specified in 30 TAC §330.409, Within 30 days of completing the assessment of corrective measures, a report shall be submitted to the executive director for review and approval, and placement in the site operating record. The report shall describe the remedy or remedies proposed for selection and the way in which it will meet the requirements of 30 TAC §330.413, and Based on the results of the corrective measures assessment, a remedy shall be selected that is protective of human health and the environment, attains the GWPS, and controls the source of releases so as to reduce or eliminate further releases. Solutient will assist the City with establishing a schedule for initiating and completing remedial activities. Upon completion of the assessment activities, Solutient will implement the selected remedy as part of the corrective action program, and provide ongoing monitoring and reporting to evaluate the effectiveness of the remedial measures in meeting the requirements of 30 TAC §330.413(b) under a separate proposal. And lastly, Solutient will purchase a submersible pump capable of removing groundwater from the landfill liner underdrain system. The pump will be installed by the City of Denton with the assistance of Solutient. 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 proposal should not exceed $ 89,606.75. This proposal does not include well installation and sampling services beyond the initial three wells planned. In the event the results of the initial assessment activities reflect the need to install additional monitoring wells and perform additional sampling Mr. David Dugger, City of Denton December 5, 2007 Page 4 activities for adequate plume delineation, such services will be performed under a separate proposal. 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. 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 assisting the City with this project. Very truly yours, Solutient GeoSciences, Inc. 61. ala-z°` Leslie A. Jeske, P.G. Hydrogeologist Attach: Probable Cost Estimate PROBABLE COST ESTIMATE December 5, 2007 M W-4U Assessment of Corrective Measures City of Denton Landfill - MSW Permit No. 1590A Denton (Denton County), Texas Item uanti Unit Unit Rate Cast 1. No tification, Planning, Meetings, & Submittals Pro ect Mana erM dro eolo ist 20 hour t 125.00 $ 2 .500,00 CADD O rotor 4 hour S 55.00 S 220.00 Vehicle I day $ 55.00 $ 55.00 Milea a 450 mile $ 0.63 $ 283.50 Subtotal: E 3,058.50 2. Pl ume Delineation/Chmacteriealion - Field Work Project Mana erM dro eelo 'st 70 hour E 125.00 S 8,75000 CADD Operator 4 hour $ 55,00 $ 220,00 Vehicle 1 da $ 55000 $ 55.00 Mileage 650 mile S 0.63 $ 409.50 Subsistence 4 da v $ 95000 $ 380.00 Drilling and Well Installations -34"x30'Monnorin Wells I Is $ 12000.00 $ 12000.00 Survey ofMonitoring Wells 1 Is $ 4,000.00 $ 4,000.00 Anal ical Services - Appendix 11 Assessment Constituents I wells, I du & 2 QAJQC) 1 Is $ 9,000,00 S 900.00 Disposable PVC Bailers 3 each $ 25.00 $ 75.00 Water Level Meter 2 day E 50600 $ 100.00 Peristaltic Puto 2 day $ 50.00 $ 100.00 Dis sable PVC Tubing 125 foot E 1.00 $ 125.00 Water Field Parameter Meter & Turbidimeter 2 day $ 275.00 $ 550.00 Subtotal: E 35,764.50 3. Reporting and Notification of Off-site Landowners if impacted) Project Mana er/H dro eolo ist 15 hour $ 125600 $ 1,875.00 Subtotal: E 1,875.00 . As sessment of Corrective Measures Project Mana er/Hvdro Bolo ist 55 hour S 125.00 $ 6,875 00 CADD O rotor 8 hour S 55.00 S 440.00 Subtotal: 5 7,315.00 5. As sessment Monitoring -Two Events Project Man erM dro eolo st 30 hour S 125.00 S 3,750.00 CADD Operator 6 hour S 55.00 $ 330.00 Environmental Technician 70 hour E 75.00 $ 5125000 Subsistence 4 da S 95.00 $ 380.00 Sampling Vehicle 4 day S 55.00 S 220.00 Mileage 750 mile S 0663 $ 472.50 Water Level Meter 4 day $ 50.00 $ 200.00 Peristaltic Pump 4 day $ 50.00 $ 200.00 Dis sable PVC Tubing 250 foot $ 1.00 S 250.00 Water Field Parameter Meter & Turbidimeter 4 day $ 275.00 $ 1,100.00 Anal ical Services - Appendix 11 Assessment Constituents 4 wells I du p, & 2 QA/QC) I Is $ 18 000.00 $ 18,000.00 Subtotal: E 30,15250 Pu blic Meeting Pro e Mana erM dro eolo ist 40 hour $ 125.00 S 5000.00 h Vehicle I day $ 55.00 E 55.00 Milea a 375 mile $ 0.63 S 236.25 Subtotal: S 5,291.25 7. Se lect and Purchase of Submersible Pump for Liner Underdmin Pro ect Man erM dro eelo ist 8 hour $ 125.00 $ 1,000.00 Grundfos Redi-Flo 3 Submersible Pump c/w 50 Feet of Electrical Lead & Flexible Tubing I Is $ 5 000.00 $ 5,000.00 Shi in I Is $ 150.00 $ 150.00 Subtotal: 5 6,150.00 TOTAL: $ 89,60675 Notes: I. In the event phone delineation is not accomplished via installation of three proposed monitoring wells, additional well installations may be required. 1 Assessment of corrective measures to be initiated by February, 18, 2008. 3. Assessment of connective measures to be completed by August 2008. 4. Assessment monitoring ofMW4U and three assessment wells will be required on a semi-annual frequency during performance of corrective measures assessment. Above estimate includes 2 events for all 40 CFR Part 258, Appendix It constituents. 5. Corrective action to be determined upon completion of corrective measures assessment activities and evaluation of response from participants in public meeting. 6. City of Denton landfill personnel will be responsible for installation of liner underdmin submersible pump.