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.