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2008-070ORDINANCE NO. 2008- D / D AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO PROFESSIONAL AND PERSONAL SERVICES AGREEMENT RELATING TO ENGINEERING SERVICES PERFORMED BY INTERA, INC. FOR THE CITY OF DENTON, TEXAS (IN THE ADDITIONAL AMOUNT OF $40,682.40, FOR A GRAND TOTAL OF $138,524.40 FOR THE ORIGINAL AGREEMENT, FIRST AND SECOND ADDENDUMS THERETO); 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 engineering firm, Intera, Inc., a Corporation, of Austin, Texas (hereafrer "Intera"), to provide additional services respecting the alleged trace amounts of polychlorinated biphenyls ("PCB") located near the Spencer Plant location; and the City Council is of the opinion that Intera is performing professional services that benefit the city; and that the city has been satisfied as to both the quality and the price of Intera's work regarding this engagement; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced professional engineering services, and that limited City staff cannot adequately perform the highly specialized services and tasks with its own personnel and that the retaining of an licensed Texas engineer who is experienced in this area is in the city's best interests; and WHEREAS, the Public Utilities Board of the City of Denton has considered this Third Amendment to Professional and Personal Services Agreement (hereafter the "Third Amendment") and has recommended approval thereof by a vote of 7 to 0 at its regularly scheduled meeting of March 10, 2008: 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 "Third Amendment to Professional and Personal Services Agreement" (hereafrer the "Third Amendment") with Intera, Inc., a Texas Corporation of Austin, Texas for an additional amount not-to-exceed $40,682.40 for further professional services (resulting in a total expenditure authority of not to exceed $138,524.40 including the Original Agreement, the First Addendum, and the Second Addendum); in substantially the form of the Third 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 Intera and the continued demonstrated ability of Intera 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 Third Amendment is hereby authorized. SECTION 5: This ordinance shall be effective from and afrer the date of its passage and approval. PASSED AND APPROVED this the ~_ day of , 2008. ~~~~ PE Y R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY STATE OF TEXAS § COUNTY OF DENTON § THIRD AMENDMENT TO PROFESSIONAL AND PERSONAL SERVICES AGREEMENT REGARDING THE CITY OF DENTON, TEXAS ,yTHI5 THIRD AMENDMENT TO AGREEMENT is made and entered into on the day of April, 2008, by and between the City of Denton, Texas, a Municipal Corporation, with its principal of5ce at 215 East McKinney Street, Denton, Texas 76201 (hereafter the "CITY"); and Intem, Inc., a Corporation, with its principal offices at 1812 Centre Creek Drive Suite 300, Austin, Texas 78754 (hereafter "Inters") acting herein by and through their duly authorized representatives. WHEREAS, the Professional Services Agreement for PCB Consulting Services" (the "Agreement") was entered into by and between the City and Inters on the 13`h day of Febntary, 2007 and provided for snot-to-exceed amount of $9,950. This agreement was signed by the Purchasing Agent for the City of Denton, Texas, and was within his expenditure authority. This agreement covered both the Basic Services (Article 11) and Additional Services (Article Ill) of the Agreement of a remediation project with the goal being to obtain regulatory closure; and WHEREAS, on May 27, 2007 it became evident that Inters would need to expend a further sum of money in order to sample sub-surface locations, prepare boring logs, evaluate reported analytical results, prepare a report for submission and assist in coordination with the TCEQ subcontract for equipment for borings and laboratory testing, to coordinate further sampling and testing of subcontractors; and if required, to complete and submit an Affected Property Assessment Report ("APAR"). The first addendum to the Agreement (hereinafter the "First Amendment") provided for an additional $58,511, in addition to the initial $9,950 provided for in the previous Agreement, which totaled $68,461 in the aggregate. This First Amendment was within the delegated authority of the City Manager and Purchasing Agent. These gentlemen approved and documented the First Amendment on May 27, 2007; and WHEREAS, on November 1, 2007 it became further evident that, after two rounds of sampling and the installation of a test well, Inters needed to verify whether or not groundwater contamination exists. Inters reported that a plan and course of action could not be determined without their fully knowing the extent of the contamination. This further second addendum to the Agreement (hereinafter the "Second Amendmenf~ was in the amount of an additional $29,381. When added to the amounts authorized by the Agreement, the First Amendment, and also the Second Amendment provided for an aggregate of $97,842. This Second Amendment was within the delegated authority of the City Manager and Purchasing Agent. These gentlemen also approved and documented the Second Amendment on November 1, 2007; and WHEREAS, on January 28, 2008 Inters notified its contact person at the City by letter, and stated that there is further additional technical consultation and field service work to be done by them at the affected site. Inters represents that these further professional and personal services would be in the additional amount of $40,682.40. This is the Third Amendment. The result is that t approval of this Third Amendment would entail the $97,842 plus the additional $40,682.40 for the Third Amendment, totaling the aggregate amount of $138,524.40. Because of the total amount to be spent with Intera on this project, it is necessary to bring this matter before the City Council for its consideration. WITNESSETH, that in consideration of the covenants, promises and agreements herein contained, the CITY and Intera do hereby AGREE as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The CITY hereby further contracts with Intera, as an independent contractor, and Intera hereby agrees to perform the professional and personal services herein in connection with the Scope of Services 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. ARTICLE II SCOPE OF SERVICES A. Intera shall provide to the CITY professional and personal engineering services pertaining to and contained within that certain letter (Exhibit "A" attached hereto and incorporated herewith by reference) dated January 28, 2008 from Richard A. Scadden, P.E. to Phil Rennaker, Extemal Affairs, Denton Municipal Electric providing for further services in the amount of not to exceed $21,066 for additional pre-mobilization, fieldwork and boring logs for subsurface samples. This additional characterization sampling is intended to establish the horizontal and vertical limits of these affected areas. B. Intera shall additionally provide to the CITY professional and personal engineering services pertaining to and contained within that certain letter (Exhibit "B" attached hereto and incorporated herewith by reference) dated January 31, 2008 from Richard A. Scadden, P.E. to Phil Rennaker, Extemal Affairs, Denton Municipal Electric providing for professional and personal services in the amount of not to exceed $14,310 for development of a Response Action Plan (RAP), which will identify any remedial action that CITY desires to proceed with to limit the potential for negative impacts to human health or the environment due to soil that is affected by polychlorinated biphenyls. The RAP will describe and locate any area of concern that will require remediation and will propose what remediation should be performed using the standardized format that is required by the Texas Commission on Environmental Quality. C. Contingency for report writing and further testing and boring in the event that the completion of ILA. and/or II.B. in this Article require additional report writing and/or additional testing because of the uncertainty for what the further testing and boring will reveal. This contingency is in the amount of not to exceed $5,306.40, if needed. D. To consult with the City Manager, the Assistant City Manager of Utilities, the General Manager of DME, and Extemal Affairs of DME, and any other designated city personnel regarding any and all aspects of the services to be performed pursuant to this Agreement. 2 ARTICLE Ill PERIOD OF SERVICE This Agreement shall become effective on the date this Agreement is approved and upon the issuance of a notice to proceed by the CITY. The termination date of this Agreement shall be upon the earliest to occur of the following events: completion of the work described herein and in the attached Exhibits "A" and `B"; or upon the depletion and exhaustion of the $40,682.40 amount provided for in this Third Amendment; or upon fifteen (15) day's written notice to terminate, issued by the City Manager. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. Intera shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the C[TY, acting through its Assistant City Manager of Utilities, or his designate. ARTICLE IV COMPENSATION A. COMPENSATION TERMS: Compensation is hereby amended to include an additional $40,682.40 in professional fees, totaling anot-to-exceed amount for the total engagement of $138,524.40. B. BILLING AND PAYMENT: The provisions of the original Agreement shall continue to apply. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory as reasonably determined by the City Manager or his designate, or which is not submitted in compliance with the terms of this Agreement. The City shall not be required to make any payments to Intera, when Intera is in default under this Agreement. It is specifically understood and agreed that Intera shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee as stated, without first having obtained written authorization from the CITY. C. PAYMENT The provisions of the original Agreement shall continue to apply. ARTICLE V PROFESSIONAL RELATIONSHIP All documents, analyses and other data prepared by Intera under this Agreement ("Work Products") are instruments of service and are and shall remain the property of CITY. Intera shall have the right to make and retain copies and use all Work Products; provided, however, the use shall be limited to the intended use for which the services and Work Products are provided under this Agreement. Intera agrees with the CITY that it is providing professional services to the CITY and it accordingly shall not respond to media interviews or other requests for production of documents of their pending work. Once Intera has filed any document with the TCEQ, then they are free to respond to any media request provided that the CITY is notified first. The CITY insists upon this subparagraph, as the final results of the work which has been the subject of the Original Agreement, the First Addendum, the Second Addendum, and this Third Agreement are incomplete, and not yet known by the CITY. ARTICLE VI ENTIRE AGREEMENT This Agreement consisting of five (5) pages, and eight (8) additional pages consisting of Exhibits "A" and "B", constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. ARTICLE VII COMPLIANCE WITH LAWS Intera shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE VIII REFERENCE 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. The provisions of all three previous agreements for this engagement by and between the CITY and Intera shall remain in full force and effect, unless modified by this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed in four (4) original counterparts, by its duly authorized City Ma ager; and era, lnc has executed this Agreement by its duly authorized Officer on this the ~~ day of , 2008. 9 "CITY" CITY OF DENTON, TEXAS A Municipal Corporation By: ~ G George C. Campbell, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPR ED AS LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: "INTERA" INTERA INC. A Texas Corporation BY: Q--~.g..~ J~ Scv-c~.a..._ Richard A. Scadden, P.E. ATTEST: Exhibit A .~.~ ~_-_ ~~~C~ Q ~~~ 28 January 2008 Mr. Phil Rennaker Denton Municipal Electric External Affairs 901A Texas St. Denton, TX 76209 Subject: Proposal for Additional Soil Sampling at Spencer Road Pole Yard Dear Phil: Intera Incorporated 1812 Centre Creek Drive Suite 300 Aurtin, Texas 78754 Telephone: 512 425 2000 Fax: 512 425 2099 Privileged and Confidential INTERA Inc. (INTERA) is pleased to provide this proposal to continue providing technical consultation and field services to Denton Municipal Electric (DME). The proposed work is to follow up on the results from the previous sampling efforts to delineate the extent of polychlorinated biphenyls (PCBs) in soil at selected locations. The selected locations are areas in which previous samples have had reported analytical results indicating the presence of PCBs. The additional characterization sampling at these locations is intended to establish the horizontal and vertical limits of these affected areas. The specific scope of work and proposed budget is presented below. SCOPE OF WORK The scope of work for this assignment is to implement the necessary steps to collect soil samples, have the samples analyzed by our subcontracted laboratory, and evaluate the reported results. The results and our evaluation will be presented initially in a figure and an email for communication and discussion purposes. We plan to prepare an Affected Property Assessment Report (APAR) after the affected areas are fully delineated as this is required by the Texas Commission on Environmental Quality (TCEQ) and the data will be incorporated in the APAR. The scope of work and budget for an APAR has been previously budgeted and approved. The overall project proposed herein can be separated into the following components: • Pre-mobilization planning and coordination - Modify the subcontract and coordinate with a drilling company - Obtain sample containers from analytical laboratory • Fieldwork - Establish sampling locations - Prepare equipment decontamination and waste management areas - Collect soil samples, package and ship to laboratory EXHIBIT 1 Privileged and Confidential Mr. Phil Rennaker 28 January 2008 Page 2 - Prepare boring logs for subsurface samples • Coordinate analyses with laboratory • Evaluate reported analytical results • Summarize results The proposed sampling locations are based on the results from delineation sampling performed initially at the historical locations identified as B-2. Additional sampling in this area (sample B-122 on Figure 1 attached) has indicated a sample at a depth of four feet with a PCB concentration of 2.388 mg/kg-dry. Additionally, surface soil sample results at sample B-133 indicate PCBs at a concentration of 1.499 mg/kg. Additional soil delineation at depth in the area of B-122 and south of B-133 is necessary to determine the horizontal and vertical extent of the affected soil. INTERA recommends collecting the samples at B-122 and the 8 sample locations surrounding it at depths of 6 and 8 deep. Samples south of B-I33 will be collected using the current grid design for three additional rows at the surface, 2, 4, 6, and 8 feet deep. This plan results is a total of 145 individual samples with an additional 8 QA/QC samples. INTERA will stage the analyses of the samples starting at the previous sample location and only analyze the necessary samples to achieve delineation to 1 ppm. The holding of some samples and subsequent analyses will be performed within the constraints of the l4-day hold time for Method 8082, the PCB analytical method. INTERA has planned for the driller to provide a clean 55-gallon drum for collection of Investigation Derived Waste ([DW) such as soil boring debris. We have budgeted for waste characterization sampling of the IDW and will provide that information to DME. We anticipate that DME will arrange for the ultimate disposal of the IDW in coordination with your other waste shipments. As mentioned above, INTERA will summarize the results of the additional soil sampling in an email to DME. The summary will include tabulation of the data, a figure indicating the sampling locations, and a comparison to the applicable standards. The summary will also include recommendations for the next step in the process of addressing the site. SUBCONTRACTOR PARTICIPATION As with the previous sampling events, INTERA will subcontract with DHL Analytical Lab for sample analyses and Magna Core Drilling and Environmental Services to provide the direct push drill rig. -~~~= Illi'e3a1 ~v Privileged and Confidential Mr. Phil Rennaker 28 January 2008 Page 3 BUDGET We have developed a budget estimate for this scope of work based on the terms and conditions of the existing contract between DME and INTERA. We propose to perform this work on a time and materials basis. DME will be invoiced only for actual labor and expenses incurred plus markup on subcontractors. As indicated in the attached table, the total estimated budget is $21,066. The budget table presents a breakdown of the estimated hours and expenses. The budget estimate is based on 1 day of fieldwork to collect the recommended samples and travel and preparation time before and after mobilizing to the field. SCHEDULE The project team is prepared to begin work on this assignment at the time of DME authorization. The initial effort will include coordination with the lab and driller and assigning staff. The timetable for performing the field work will be dependent on the availability of the driller. SUMMARY INTERA is very pleased to have the opportunity to assist DME by providing technical assistance for environmental investigation and closure activities at the Spencer Road Pole Yard. Please let me know if you have any questions or comments about this proposal. Sincerely, ~~~RS e~ Richard A. Scadden, P.E. Sr. Engineer Attachment ==ii t lll~e4t1 v INTERA Budget Estimate Denton Mwicipal Electric Spencer Rood Pale Yord Sail Sampling - _ - ,.~5_ s~ k l5 _. Task Ib' Tnsk 17 .:Task TOTAL ~. =i "Pre Mab 'Soil' lab faord TCEQ.. . '. aM Sampling and (acrd. Project Setup pots Ewl. .blurs co» haws - wn. hours mat Labor Rate Principal $200.00 50 SO SO $0 0 50 Sr. Engineer/Scientist 11 (Sradden) 155.00 2 $310 1 5155 2 $310 SO 5 $775 Sr. Engineer/Stlenlist lV 115.00 $0 $0 SO $0 0 $0 Engineer/Sdenust II 85.00 2 5170 20 $1,700 20 51 700 50 42 $3,570 Engineer/Scientist 111 75.00 2 $150 20 $1,500 $0 $0 22 $1,650 Engineer/SCienUSt IV 65.00 $0 SO $0 SO 0 $0 Graphics/GIS/CADD 65.00 SO 50 8 $520 50 a $520 Admin Support 5000 $0 $0 50 50 0 50 SUBTOTAL $630 $3355 §2,530 50 56,515 uses Truck Rental 5100.00 3 $300 3 $300 Gas far truck (unit) $5000 2 5100 2 5100 GPS unit (doily - 0.5 m resalutiaNbackpack - Wutern Data) $95.00 0 $0 0 $0 Peristaltic Pump w/ power source (Masterflex -Farr West) $35.00 0 50 0 50 Hariba Multimeter w/ Flaw-through Lell (Farr West) $85.00 0 SO 0 §0 Tubing far pump 521.00 0 50 p $0 Pump and Multimeter Shipping $20.00 p $0 0 50 Disposable Lamers and processing $40.00 f 540 1 S40 Misc, supplies (gloves, DI water, paper towels, ice, ziplocs) $100.00 1 5100 L $100 Decantamimtian supplies (buckets/brushes/alconox) (per d%) $zo.oo 1 520 1 520 Lodging ($/d%) $120 2 $24p 2 $240 Meals ($/day) S43 4 $172 4 $172 FedEe (sample shipping) 575 0 $o o $o Binders/Notebooks (520 each) $20 $0 0 $0 SUBTOTAL 5972 $972 SubcaMractarz DHL Amlytical PC85 in sail (5-d%narmal TAT) $75 145 SI0,R75 145 5109]5 RCRA Metals in soil QDW characterization) f100 $0 0 $0 VOCS in soil QDW characterization) $I20 $0 0 50 SVOCS -soil QDW characterization) $200 §0 0 $0 TPH TX1005 -sail QDW charocierizatian) 555 $0 0 $0 TPH TX1006 -sail, if needed far IDW $225 $0 0 §0 PH $15 0 f0 0 $0 Total organic carbon-sail 550 §0 0 50 $10,875 $10,875 Lab Surcharge for TRRP Reporting (5%) 5% 554 $yy $10,929 $10,929 Orillin9 lump $1 415 51,415 Total Cost for subcontractors $12,349 $12344 INTERA Markup an subcontractors 107. $1,234 51 234 TOTAL $630 $17,906 $2,530 $0 $21,066 check: §21066 EXHIBIT 2 m~ Y Y Oi Oi E E y m 0 0 o m ~ v n ~ c 2 m m O O ~ UU ~ .~ m~ a s m o m m a ~ r a O O N N O m m u] ~ U v ~ 0 0 ~ 3 o m E m m o a o c c x ° E E o o' ° a ° m ~ m .. m ~n in a (7 ~ ¢ m .. s i. m m c 0 O 4 n °' O 0 n w i04~m 5 C N N ~ ZZ~- ~n C ^ L i II II tOi t Z ~ J O S S Z U ~ I BjyN/~ 3 r -c' ¢ o t~y~NOo ~ •z mpz w m ~• ¢Q m z U -1 z ~ ~ •i =~pz °pz m m m N ON ~ C G C C OZ OZZ OQ NOQ <O6 000 ONa Z m Z m. Z O O • ~• N n m ryI 000 NCO r 0 "~~ Zz ~ pzz ~OZ ~pZ mOz W7 000 mp 000m m m ° m m moo _ ooo m moo n zzz m ~pozz ~p,zz ~p czz NO m~a ~ ° z z °ooo° m ooo° m °ooo m oo°° m o ~ m ° ~ n zzz `o m w~~zZ NpZOZ yp N22 wpoZZ ^pooo c m °ooo° m °ooo m °ooo m a°NO 4o m °oo° 0 N m ~ O 'm y PCC p 0 m mC0 E wp~oZ rW poZZ NpoZZ ~po22 mpoZZ $ m ooo m °oo°o m °ooo° m °oo°o m °0040 ryCC °m cC0 ~' ooo 4 NOO n CCC ii pozZ ~pNZZ ~p zZZ NONZZ pzzz 'm"pi ~ °°o1 dom °004° m °oo° m $oo m °ooo° m N d C r N O m N «~ ILL m as O iJ 2 gym` ma m eS U'o d a~E ~ oa '~ R „ ~ c~ !A o m C O O wa o o i 8 ~ ~ ~ 8 5 = 8 8 s ~ a. d lLL /J N Z if O O m ~p x `OOi m ro p N O N O 'pryy dOC O ~p N N ~nCC m ACC N I~ N Cm0 ~p pN^2 N_O mOZ N_O OZZ NOOZZ ^OOZ2 f0 ~O OO ZOZ 000 m OOOm Ooo m 000 W 000 m m m N ~. q 000 Z 0 4 ~ CeC O CmC O C~^ ~ INnm ~ uc{ N ~ m m n+ W O ~~1 $ Z^Z W NmC W 000 N OCCI, (7 pZ0 h z• 20 ~ z• Z• • tn• -0z ~%Jp ~Z2 •_zN ~^ O ~Oi `-°oi m °o m o°ao m°°~ m i° °oo°° m °ooo m °ooo m °OO~ m°°° u5 m m ~ ~ ~ ° ~ NOO m m ° m Z ° Z ZOZ Z m~Z Z i(jOZ ZOZ ° NZZ O n,CC ~ 0CC aNn 02Z O O ~° .• ~ •0N ,• m• N• ~•OZZ =•o2Z ~-• 'OO i°oi `-°Ox Q p O 000 mO ~°o m ~00 000 0 OOOm 000 m pN4 m COO m m m V N O n ° O O ?O`p ~~O C22Z~2.2 Z•NZZ 3. OZZ _O o^~pN a' OCC a m m O. O ^0 ONOm pN m Np ~i,p CNO (nO OZZ --OS ~O a ~ ~ o 'O O O O O O O O o O O O O O m m O O O m ONO m m m i ~ °°° m Soo N I ~ n V h < C! < N p O N ht~ 3 O O Z Z ~• - -~° •o •N 3. OOOO ~ m o pj m e m o m coz ~o~$ ° $ °o S ooJ$ m Exhibit B or!/©~ Intere Incorporated 1812 Centre Creek Drive Suite 300 ~ Austin, Texas 78754 -~ ~ Telephone: 512 425 2000 Fax: 512 425 2099 31 January 2008 Mr. Phil Rennaker Privileged and Confidential Denton Municipal Electric External Affairs 901A Texas St. Denton, TX 76209 Subject: Proposal for Prepazation of a Response Action Plan for the Spencer Road Pole Yazd Dear Phil: INTERA Inc. (INTERA) is pleased to provide this proposal to continue providing technical consultation and regulatory reporting services [o Denton Municipal Electric (DME). Using the results of all sampling events, INTERA will prepare an Affected Property Assessment Report (APAR) for submittal to the Texas Commission on Environmental Quality (TCEQ). This assignment has already been budgeted and approved. The results of sampling to date indicate that there are not azeas of concern azound the original samples designated ESB-9 and B-2. An azea of concern does, however, exist in the area of the original sample designated as B-1 where reported polychlorinated biphenyl (PCB) concentrations aze above applicable regulatory limits. Current work is focused on delineating the exact horizontal and vertical extent of the affected soil. Groundwater has been sampled and has not been impacted by PCBs. These results will be transmitted to the TCEQ in the form of the APAR. Since the APAR will identify the area of concern azound B-1, it will be necessazy to prepare and submit to the agency a Response Action Plan (RAP). The RAP will identify the remedial action that DME wishes to pursue to limit the potential for negative impacts to human health or the environment due to soil affected by PCBs. The specific scope of work and proposed budget is presented below. SCOPE OF WORK Working concurrently with or after completion of the APAR, INTERA will develop a RAP to address concerns at the Spencer Road Pole Yard identified in the APAR. The RAP will describe and locate the azea of concern that will require remediation and will propose what remediation should be performed using the standazdized format required by the TCEQ. Two possible remedial actions available are removal of the PCB affected soil or an engineering control (cap) to provide a barrier between the soil and potential receptors (humans or animals). The RAP will address soil removal activities or the engineering control design based on the decision made by DME with consultation from INTERA. The budget estimate for this task includes a small amount of time for coordination with the TCEQ. Privileged and Confidential Mr. Phil Rennaker 28 January 2008 Page 2 BUDGET We have developed a budget estimate for this scope of work based on the terms and conditions of the existing contract between DME and INTERA. We propose to perform this work on a time and materials basis. DME will be invoiced only for actual labor and expenses incurred. As indicated in the attached table; the total estimated budget is $14,310. The budget table presents a breakdown of the estimated hours and expenses. SCHEDULE The project team is prepared to begin work on this assignment at the time of completion of delineation of the affected soil at the Spencer Road Pole Yazd or completion of the APAR. This assignment can be performed concurrently with prepazation of the APAR or immediately following completion of the APAR depending on the needs of the project. SUMYIARY INTERA is very pleased to have the opportunity to assist DME by providing technical assistance for environmental investigation and closure activities at the Spencer Road Pole Yazd. Please let me know if you have any questions or comments about this proposal. Sincerely, ~ -O ~ 1-! S ~.~ Richard A. Scadden, P.E. Sr. Engineer Attachment INTERA Budget Estimate Denton Municipal Electric Spencer Rood Pale Yard Sail Sampling . ' ~ ~ _ -- Tusk~18 ;: _ Tdsk--19 TOTAL ,_. , ..,' " . " _ `.: " RAP TCEQ _':' - ' - . Preporafion ~ Cour•d. Y~ ~ ~ ~ - Flours ,.. cosh r hours cosi~ ~ hours -'cost Labor Rate Principal $200.00 $0 $0 0 $0 Sr. Engineer/Scientist II (Scadden) 155.00 16 $2,480 8 $1,240 24 $3,720 Sr. Engineer/Scientist IV 115.00 $0 $0 0 $0 Engineer/Scientist II 85.00 60 $5,100 4 $340 64 $5,440 Engineer/Scientist III 75.00 30 $2,250 $0 30 $2 250 Engineer/Scientist IV 65.00 $0 $0 0 $0 Graphics/GIS/CARD 65.00 40 $2,600 $0 40 $2,600 Admin Support 50.00 4 $200 $0 4 $200 SUBTOTAL $12,630 $1,580 $14,210 Expenses Truck Rental $100.00 0 $0 Gas for truck (unit) $50.00 0 $0 GPS unit (daily - 0.5 m resolution/backpack -Western Data) $95.00 0 $0 Peristaltic Pump w/ power source (Masterflex -Farr West) $35.00 p $0 Horiha Multirneter w/ Flow-through Cell (Farr West) $85.00 0 $p Tubing for pump $21.00 0 $0 Pump and Multimeter Shipping $20.00 0 $0 Disposable Camera and processing $40.00 0 $0 Misc. supplies (gloves, DI water, paper towels, ice, ziplocs) $100.00 0 $0 Decontamination supplies (buckets/brushes/alconox) (per day) $20.00 0 $0 Lodging ($/daY) $120 0 $p Meals ($/daY) $43 p $0 Fed Ex (sample shipping) $75 0 $0 Binders/Notebooks ($20 each) $20 5 $100 5 $100 SUBTOTAL $100 $100 Subcontractors DHL Analytical PCBs in soil (5-day normal TAT) $75 0 $0 RCRA Metals in soil (IDW choracterization) $100 0 $0 VOCs in soil (IDW characterization) $120 0 $0 SVOCs -soil (IDW characterization) $200 0 $0 TPH TX1005 -soil (IDW characterization) $55 0 $0 TPH TX1006 - soil, if needed for IDW $225 0 $0 pH $15 0 $0 Total organic carbon- soil $50 0 $0 $0 Lab Surcharge for TRRP Reporting (5%) 5% $0 Drilling lump $p Total Cost for subcontractors $0 INTERA Markup on subcontractors 10Y, $0 TOTAL $12,730 $1,580 $14,310 check: $14,310