2007-258FILE REFERENCE FORM 2007-258
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Amended by Ordinance No. 2008-025 02/05/08 J R
ORDINANCE NO. 2007- a,SrQ
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
SOLUTIENT GEOSCIENCES, INC. FOR PERFORMING ALL LANDFILL
GROUNDWATER MONITORING, DATA REVIEW, REPORTING, AND GENERAL
GEOLOGICAL AND HYDROGEOLOGICAL SERVICES REGARDING THE CITY OF
DENTON, TEXAS MUNICIPAL SOLID WASTE LANDFILL IN AN AMOUNT NOT TO
EXCEED $103,948.80; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
PROVIDING FOR RETROACTIVE RATIFICATION AND APPROVAL THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
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 ETTL since
1999 to perform these services, and has been satisfied as to both the quality and reasonable
price of SGI'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; and
WHEREAS, it is necessary for the professional services provided by SGI to begin on
October 1, 2007, and the timing involved in the contract approval process dictates that this
ordinance be ratified and approved effective as of October 1, 2007, which continues the
professional services contracted by the City with ETTL for similar services for the City's
landfill, without interruption; and
WHEREAS, the Public Utilities Board of the City of Denton has considered this
Agreement and has recommended approval thereof by a vote of_ to N ; 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 L 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 Professional
Services Agreement with Solutient Geosciences, Inc., a Corporation, of Tyler, Texas, in an
amount not-to-exceed $103,948.80 for professional hydrogeological consulting and analytical
services regarding groundwater monitoring 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" 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 SGI and the continued
demonstrated ability of SGI to perform the services needed by the City for a fair and
reasonable price.
SECTION 4: That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized.
SECTION 5: That the effective date of the Professional Services Agreement
approved hereby, is hereby ratified, confirmed, and made effective as of the 1" day of
October, 2007.
SECTION G: That otherwise, except as stated in Section 5 hereinabove, this
ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the day of nK/-771kzL-'2007.
o
PERYI R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: yv a ~ -
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
W~)o
By:
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR PERFORMING HYDROGEOLOGICAL CONSULTING AND ANALYTICAL
SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL
1
THIS AGREEMENT is made and entered into on this the A`1day of 12007,
but effective from and after the V day of October, 2007, by and between 66 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"):
Conducting hydrogeological consulting services (including generation of ongoing maintenance of
existing groundwater analytical data base; management and direct supervision of groundwater
monitoring events; review of analytical data; preparation of annual groundwater monitoring
reports including groundwater contour maps and semi-annual statistical evaluations; evaluation
and submittal of site-appropriate statistical analysis methods; and correspondence with the Texas
Commission on Environmental Quality regarding groundwater issues), analytical services
(including without limitation the sampling and testing of groundwater samples collected at
landfill in accordance with the TCEQ-approved GWSAP; a total of 23 monitoring wells, which
comprise the groundwater monitoring system consisting of 20 existing and 3 new wells, which
wells will be gauged, purged, and sampled using dedicated, low-flow pumps, as well as a Well
Wizard micropurge system regarding the OWNER'S Landfill. Service as the City's professional
services consultant relative to all groundwater monitoring, data review, reporting, and general
geological and hydrogeological services at the Landfill.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner:
Page 1 of 11
To perform all those services as are set forth in the CONSULTANT's "Proposal" for
2007-2008 Landfill Hydrogeological Consulting and Analytical Services, to the City of Denton,
Texas contained in that certain three (3) page letter from Leslie A. Jeske, P.G., Hydrogeologist of
the CONSULTANT to David Dugger, Landfill Manager of OWNER, dated September 7, 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 Agreement shall be ratified, confirmed and
approved retroactively from and after October 1, 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
September 30, 2008, whichever event shall fast 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 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:
Page 2 of 11
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:
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 terns set forth in CONSULTANT's
"Probable Cost Estimate" dated September 7, 2007, which is contained as pages 1 and 2 to
Exhibit "B" hereto, incorporated by reference herein. OWNER shall pay to
CONSULTANT for its professional services perforated, and for its out-of pocket expenses
incurred in the Project, a total amount not to exceed $103,948.80.
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 fast 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 CONSULTANTS
undisputed statement thereof, the amounts due the CONSULTANT will be increased by
Page 3 of 11
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.
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 famished 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
INDENINITY 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.
Page 4 of 11
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 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 famish 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 others approval.
Page 5 of 11
ARTICLE XII
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 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 famished 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 XIII
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.
Page 6 of 11
To CONSULTANT:
Solutient GeoSciences,Inc.
Les 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 Manager
215 East McKinney Street
Denton, Texas 76201
Fax: (940) 349-8596
and
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 two (2) Exhibits hereto, said Exhibits
constitute 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
Page 7 of 11
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
DISCRM NATION 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.
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 pennitted under applicable state
and local laws to perform such services.
ARTICLE XX
Page 8 of 11
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.
ARTICLE =
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 party 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. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the
CONSULTANT involving transactions relating to this Agreement. CONSULTANT
agrees that OWNER shall have access during normal working hours to all necessary
CONSULTANT facilities and shall be provided adequate and appropriate working space in
order to conduct examinations or audits in compliance with this Article. OWNER shall
give CONSULTANT reasonable advance notice of all intended examinations or audits.
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 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 continence, carry on, and complete its work on the Project with all
Page 9 of 11
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 famished to it by OWNER without the need for fiuther 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 ement by and through its duly authorized undersigned officer, on this the
day of A 1 ? 2007, but to be ratified, confirmed and effective as of
the 1 ' day of Octo er, 2007.
"OWNER"
CITY OF DENTON, TEXAS
A Municipal Corporation
By:
Geor e C. Campbell, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By.
APPROVED AS O LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: "J Co
"CONSULTANT'
Page 10 of 11
SOLUTIENT GEOSCIENCES, INC.
A Corporation
ay:
es I re fJ . fes I e Orc s i L~en~
By: G.
Secretary
Page I 1 of 11
EXHIBIT A
Solutient GeoSciences, Inc.
3800 Paluxy Drive, Suite 260
Tyler, Texas 75703
(903) 5814340 (903) 5814399 fax
September 7, 2007
David Dugger
Landfill Superintendent
City of Denton
5166 Foster Road
Denton, Tx. 76208
Re: Proposal
2007-2008 Landfill Hydrogeological Consulting and Analytical Services
City of Denton Landfill (MS W Permit No. 1590A)
Denton (Denton County), Texas
Dear Mr. Dogger:
In accordance with your recent request, Solutient GeoSciences, Inc. ("Solutient'l 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, 2007. 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
Mr. David Dugger, City of Denton
September 7, 2007
Page 2
of site-appropriate statistical analysis method(s), and 5) correspondence with
TCEQ regarding groundwater issues. The City will be continually informed of
all monitoring results and provided on-going recommendations and opinions
regarding necessary action, if needed.
Analytical Services - includes sampling and analysis of groundwater samples
collected at landfill facility in accordance with TCEQ-approvedGWSAP. Atotal
of 23 monitoring wells, which comprise the facility (MSW Permit No. 1590A)
groundwater monitoring system consisting of20 existing and 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 and new well groundwater samples will be analyzed semi-
annually for the current Table 5-1 constituents plus fifteen total metals. In
addition, two quarterly background events will be performed for all 23 wells
whereby groundwater samples will be collected and analyzed for total metals at
the existing and new wells and the Table 5-1 constituents at the new wells. Also,
two leachate samples will be collected and analyzed for necessary pre-treatment
constituents as required by the waste water treatment plant. 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 verification re-
sampling/assessment monitoring events at up to three monitoring wells.
Assessment samples would be analyzed for 40 CFR Part 258, Appendix 11
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.
All services provided will be coordinated and performed under the direct supervision of Mr.
Leslie A. Teske, P.G., Hydrogeologist. Mr.leske 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.
Mr. David Dugger, City of Denton
September 7, 2007
Page 3
Cost Estimate
Based upon the above scope of services and our understanding ofthe 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, 2007 -
September 30, 2008 should not exceed S 103,948.80. 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) 5814340. As always, we look forward to working with the City in this
endeavor.
Very truly yours,
Solutient GeoSciences,Inc.
0~e~- e. Q,&i/
Leslie A. Jeske, P.G.
Hydrogeologist
Attach: Probable Cost Estimate
cc: Mike Copeland, City of Denton
EXHIBIT B
PROBABLE COST ESTIMATE
Septemhet 7.2007
2007-IM Landfill Hydraliminglel Consulting end Analytical Serrivet
City of Denton LmdfW (a1SW Permit No, 1904)
Dmtm (Dea m County), True
uion Lad ReVeriialioNAaemrcnt MmM0112)
3
Vlh
S 185.00
s 555.00
emReview'. Due Banc U . Aruhtial knil"Iion ChecUUt
1
Comoro Ma .and Renault ins:
10
hour
f 125.00
1250!0
toots
.-ADD
3
hat
f 5.00
165!0
V
echnician
43
hoar
S 75.00
S 3.600!0
3
day
s 9500
S 285.001
le
a
de
f 55.00
S 220.00
325
mile
S 0.63
S 204.75
4
drv
f 5000
f 200.00
m:
Table 5•I OPNSAP Conpimmo wiN TOW Mewls i welh t 3 sun Ins
6
each
s 198.00
S 2.911&00
TuW McWS 20 walls @4 tens
24
each
S 181.00
S 4416.00
VesiflalimrAISCtpOent A ¢ II Co anumas 3 walh a 3 sons a
6
emh I
S 1.294.90
S 7.769.40
sni m il:
s u .1s
areh 7oasmawmm Da4dotJBOdgrmndMarlroonr tear:
wistial Evaluation AM Re 'a 20 wells s 185.00 s 3 700.00
dwmer Chemims• Review Daa Bane U . Anelvual Duo E%2koiN Checklist
Gtamdxwer Cmtour Map. ant! Rroont PP.PUUian,
eol 1
14
hour
S 125.00
S 1750.00
ADD u
3
hour
f 55.00
f 165.00
vimnmmW Technicim
38
how
f 75.00
S 850.00
ubsistma
]
dev
S 95.00
f 285.00
lin Vehicle
a
day
s 55.00
S 220.00
ilm
325
milt
s 0.63
S 204.75
urhidirv Meter
4
day
S 50.00
$ 200.00
nelvtial Savita:
Table SI GWSAP Cu imm0 23 walls 7 sun 1n. C 2lachm sons Ins
32
eech
g 498.00
S I "36.01)
Told Metals 23 walls
23
rxh
S 184.00
S 4,232.00
Wmto Wuc Pm T=Mmt Constituents 21achm simples)
2
each
f 190.00
s 31401.00
sahtnal:
5 39,92175
Asamwprr Mmlrora Evau:
ear 2008 d A
mistial Evdtmdon and R Vni6tmiaJASSeSfinent Mmitain 3 xalls f 185.01) f 555.00
rnundwater CMn' Review. Om Base U . AnthIMM MM EM~Gn Ch-MM
Gmuvdwuer Contau Me and tiro:
10
hour
f 125.00
S 1250.00
ADD ear
3
hour
S 55.00
s 165.00
Technician
48
hoar
S 75.00
S 3.600.00
IdRlitfna
3
day
f 95.00
f 285.00
1' Vehice
6
day
S 55.00
S 220.00
ika
325
mile
s 0.63
f 204.75
m0idirv Motor
4
da
s 50.00
S 200.00
id 5erv cm:
Tahleil GWSAPCamtiama 3welht3 sum
6
eaeA
f 198.00
f 988.00
Told Melds 23 wells t l samples)
27
cmh
1 194.00
S 1968.00
. VerifiatioNAttemmmI A ix 11 Co MMM 3 -ciM Z ] sew la
6
aeA
f 1 .90
S 7 769.10
subtotal:
5 15
rBorBgmrmdMmlmrOrg Etmr.
aweo700I
195.00
iAial EwltWion and 20 xslls f
porting
f 3700.00
muMwvc Chemimv Review. Dam Beat Updw. 7ia1 Oeu Esahntian Checklist
Me ertl Re n
xvc
71
14
hen
S 125.00
f 1.730.00
Ins
6
3
how
S 35.00
g 165.00
P
W Technician
38
boor
S 7500
g 2 950.00
a
3
S 95.00
g 385.00
Vehicle
3
dry
f 5510
f 165.00
_
323
melt
S 0.63
f 204.75
Page 1 of 2
PROBABLE COST ESTIMATE
September 7.2007
2007.2008 Landfill NSVSOgalaSlal COMMAS end Aut"Ol l Servk"
City of Dam IaudNl Cndsw Peemll Ra. 1590A)
Denton (Datan County) Teals
udoidi Meer
l 1
day
5 30.00
S
130.00
MOM ial Services'
Table 54 GWSAP Constimenu 23 wells 7 ivn es. l 2 leeNere sartt ks
32
exh
S 698.00
S
15976.00
Total Metals 23 wslts
23
h
S 186.00
S
6 52.00
Wane Water Pre.Tteavoem Canstiwente 21achm sarn es
2
each
S 190.00
S
580.00
Subtotal:
S
29 17.75
Additioal unag will be performed upon nuftrimtian 41C City of OMM 1161W M the fdlo ing ene sbcdWc-
Rydtageologut - 5125.00 per hour
Geologist - MOD per hour
Firviranmatd Technician - $75.00 per how
CARD Operator- $55.00 Per boor
Field Vehicle - $55.00 Pat day
Mikage - $0.65 per mile
Outside So-Am (i.e.. map reproduction, color photocopies, ere.)- cart +15%
Additional Expanses (ie., malt lodging, to-) - cast +I S%
Page 2 of 2