2003-132O INANCE eThYLS-/
AN ORDINANCE RATIFYING A PCB WASTE DISPOSAL AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND L.W. ENVIRONMENTAL
SERVICES, INC. FOR THE REMOVAL OF POLYCHORINATED BIPHENYLS AT
THE SPENCER ELECTRIC POLE YARD; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR, BEING AN EMERGENCY PROCUREMENT WHICH IS
EXEMPT FROM COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (PURCHASE ORDER FOR AMOUNT NOT TO EXCEED $42,886.95).
WHEREAS, the City of Denton, Texas and L.W. Environmental Services, Inc.
('Contractor") have entered into a PCB Waste Disposal Agreement for the removal of a
hazardous material, polychlorinated biphenyls ("PCB") at the Spencer Electric Pole Yard,
a copy of which is attached hereto and made a part hereof by reference (the
"Agreement"); and
WHEREAS, the City Council finds that the Agreement is a procurement
necessary to preserve and protect the public health or safety of the City's residents and is
thereof exempt from competitive bidding as authorized by Section 252.022(2) of the
Local Government Code; and
WHEREAS, due to the emergency nature of this procurement and due to the
City's legal duty to report to the Environmental Protection Agency and begin immediate
remediation of the PCB, the City was justified in entering into the Agreement prior to
receiving City Council approval; and
WHEREAS, the City Council of the City of Denton, Texas finds that the
Agreement is in the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Agreement is hereby ratified. The City Manager, or his
designee, is hereby authorized to execute the Agreement on behalf of the City of Denton
and to make the expenditures provided for in the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the /~¢day of ~2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CIT~ SECRETARY
B::RB:~Y ATTORNEY
S:\Our Doeuments\Ordinances~03~CB Disposal.doc
Page 2
STATE OF TEXAS §
COUNTY OF DENTON §
PCB WASTE DISPOSAL AGREEMENT
between the City of Denton, Texas, a municipal corporation, hereinafter referred to as
"UTILITY," with the office of Denton Municipal Electric ("DME") located at 901-A
Texas Street, Denton, Texas 76209; and L.W. Environmental Services, Inc. a
Corporation, hereinafter referred to as "CONTRACTOR," with its offices located at P.O.
Box 318, Wilson, Oklahoma 73463.
That UTILITY and CONTRACTOR hereby enter into this Agreement for
services including sampling, excavation, packaging, transportation, and disposal of PCB
contaminated concrete and soil wastes excavated fi:om the UTILITY property located at
1701-C Spencer Street, Denton, Texas 76205; and
For purposes of this Agreement, "PCB Waste" is defined as any material, solid or
liquid, containing or contaminated with Polychlorinated Biphenyls ("PCB") at a
concentration of 2 ppm. (.parts per million) or greater, including any containers of PCB
Waste supplied by the .UTILITY; and
The Parties in consideration of the promises made in this "PCB Waste Disposal
Agreement" (the "Agreement"), and for the considerations expressed herein, the
UTILITY and CONTRACTOR do hereby AGREE as follows:
1. SCOPE OF WORK
CONTRACTOR shall provide services to UTILITY, expressly including the
packing, transporting, receiving, storage, and disposal of all PCB Waste removed fi:om
the UTILITY property in accordance with the statements and requirements stated in
Appendices "A" through "C" and also in compliance with all local, state, and federal
regulations. The scope of work maybe referred to herein as the "Project" or the "Work,"
and such descriptions are considered interchangeable for descriptive purposes.
The work shall include the legal excavation, labeling and packaging,
transportation and disposal of PCB Waste and PCB-Containing Liquids or Solids
(including dirt, debris, rags, empty containers, etc.). CONTRACTOR shall transport the
PCB Waste, as further described on the manifest covering each transaction, and provide
all of the labor, materials, and equipment for disposal of such waste in accordance with
CFR Title 40 Part 761, and any other applicable laws. Disposal options and facilities
may not be changed without the written concurrence of UTILITY.
PCB Waste Disposal Agreement 1
2. PKICE
CONTRACTOR shall perform the scope of work for the Project as set forth in
Appendix "A" in accordance with the terms and conditions stated herein. The price
UTILITY agrees to pay to CONTRACTOR for performance of the work shall be the
price stated in Appendix "A."
"3':' ?2k'x~vLENT .......
CONTRACTOR shall submit invoices to UTILITY on a '~per-load" basis,
referencing the corresponding nniform hazardous waste manifest number, for approval
and payment for work satisfactorily completed in accordance with the terms and
conditions of this Agreement.
Unless specifically modified and agreed to elsewhere in this Agreement,
UTILITY shall pay the CONTRACTOR ninety percent (90%) of invoiced mount upon
the receipt of signed manifest from CONTRACTOR facilities and the remaining ten
percent (I 0%) upon receipt of a completed Certificate of Disposal from CONTRACTOR.
UTILITY shall pay the CONTRACTOR within thirty (30) days of receipt and approval
of invoice and accompanying documentation.
4. TAXES
The CONTRACTOR shall be liable for any and all federal, state, and local taxes
payable in connection with or ar/sing fi:om the Work. The cost of any and all such taxes
shall be included, however, in the Contract Price, an mount equal to which the UTILITY
will pay to the CONTRACTOR in addition to the Agreement Price, in accordance with
the procedures established in these Agreement documents. It is the responsibility of the
CONTRACTOR to determine, in conjunction with the appropriate federal, state, or local
authorities, the nature and amount of any taxes payable as a result of the Work.
CONTRACTOR shall determine, apply to, and charge UTILITY any and all applicable
exemptions as to any taxes.
5. REGULATORY COMPLIANCE
Both parties shall comply with the requirements of all federal, state, and local
laws, roles, regulations, and ordinances applicable to the services performed under this
Agreement. CONTRACTOR further agrees to comply with all rules and regulations,
including safety standards, adopted by UTILITY for observance at the UTILITY
premises.
6. WARRANTIES
CONTRACTOR warrants that it has knowledge of the hazards associated with the
handling, storage, and disposal of PCB Waste and that it has experience in such handling,
storage, and disposal; that it shall have instructed its personnel, subcontractors, and
PCB Waste Disposal Agreement 2
agents (if any) in the proper safety procedures to be used in such handling storage and
disposal.
CONTRACTOR w an-ants i t w ill perform t he services a s s et forth i n Appendix
"A," incorporated herein by reference, in accordance with all applicable laws and
regulations.
required by law to engage in the activities required in connection with the Project.
CONTRACTOR represents and warrants that any storage site and any disposal facility to
which the PCB Waste may be moved are in compliance with any and all federal, state,
and local laws and regulations pertaining thereto, including, but not limited to, the
regulations contained in 40 CPR Chapter 1, Part 761, and that any such storage site and
any disposal facility is suitable to receive and/or dispose of the PCB Wastes.
7. INDEMNITY
CONTRACTOR shall indemnify, hold harmless and defend, UTILITY (including
its City Council members, its Board Members, its officers, directors, employees, and
subcontractors) fi:om and against any and all claims, liabilities, penalties, forfeitures,
suits, and the costs and expenses incident thereto (including costs of defense, settlement,
and reasonable attorney's fees), which it may hereafter incur, become responsible for, or
pay out as a result of death or bodily injuries to any person, damage to property,
contamination of or adverse effects on the environment, or any violation of government
laws, regulations, or orders, caused in whole or in part, by (1) CONTRACTOR breach of
any term or provision of this Agreement; or (2) any negligent or willful act or omission of
CONTRACTOR, its employees, or subcontractors in the performance of this Agreement.
CONTRACTOR, its subconlractors, and suppliers of any type shall not be hable
for UTILITY'S loss of profits or revenue, loss of use of equipment or power subsystem,
cost of capital, cost of purchased or replacement power or temporary equipment
(including additional expenses incurred in using existing facilities), claims of customers
of UTILITY, or for any special, indirect, incidental or consequential damages, excluding
damages for adverse effects on the environment, whether based on contract or in tort,
including negligence or strict liability. The total per-shipment hability of
CONTRACTOR under this Agreement or any act or omission in connection therewith,
such as the performance or breach thereof, whether in contract, in tort (including
negligence or strict liability), under any warranty, or otherwise, shall be limited to the
price o f t hat portion o f the services u pon which such 1 iability i s based or $ 2,000,000,
whichever amount is greater. Provided however, this limitation shall not apply to
liability for adverse effects on the environment.
In the event of any liability arising out of the joint negligence of UTILITY and
CONTRACTOR, each shall be liable to the other and any damaged th/rd party in
proportion to its relative degree of fault.
PCB Waste Disposal Agreement 3
10. INSURANCE REQUIREMENTS
During the term of this Agreement, except as specifically provided herein,
CONTRACTOR shall provide and maintain, at its sole cost and expense, insurance in the
following types and mounts covering all work under this Agreement, including that
done by Subcontractors:
-- TTpe of hxsurauc~ ...... ~in'imum Limits .......
A. Workers Compensation Insurance
B. Employers Liability Insurance
C. General Public Liability Insurance
Bodily Injury Limit (BI)
Property Damage limit (PD)
BI & PD Combined Single Limit
Statutory
$1,000,000 each occurence
$1,000,000 each occurence
$500,000 each person
$500,000 each oceurenee
$1,000,000 each occurence
This policy must include the following extensions of coverage:
(1) Broad Form Property Damage
(2) Broad Form Blanket Contractual Liability Coverage
(3) Protective Liability Coverage shall be included to protect the CONTRACTOR
against claims arising out of operations performed by its Subcontractors.
D. Automobile Liability Insurance
Bodily Injury Limit (BI)
Property Damage Limit (PD)
BI & PD Combined Single Limit
$500,000 each occurence
$500,000 each person
$300,000 each occurence
$300,000 each occurence
E. Environmental Impa'n'ment Liability
$I,000,000 each occurence
$1,000,000 aggregate
It is stipulated and agreed that all policies of insurance required by this Paragraph
10 shall be issued by insurance companies who are currently rated at least "A-" by A.M.
Best; and said pohcies shall additionally be issued by insurance companies authorized to
do business in the State of Texas.
CONTRACTOR shall maintain insurance in at least the mounts specified herein
to fully protect the UTILITY from all claims of injury or damage to persons or property
PCB Waste Disposal Agreement 4
that occur as a result of the fault or negligence of CONTRACTOR or its Subcontractors.
CONTRACTOR shall be required to furnish certificates of such insurance to the
UTILITY prior to the award of Agreement.
11. EXCUSE OF PERFORMANCE
The performance of this Agreement, except for the payment of money for services
.... already rendered, may-he'-suspended-by -either-party in -the event~tm--delivery ~f'the
described waste materials by UTILITY, or transportation or disposal of such materials by
CONTRACTOR, are prevented by a cause or causes beyond the reasonable control of
such party. Such causes shall include, but shall not be limited to, acts of God, acts of
war, riot, fire, explosion, accident, flood, or sabotage; lack of adequate fuel, power, raw
materials, labor, or transportation facilities; governmental laws, regulations,
requirements, orders, or actions; breakage or failure of machinery or apparatus; national
defense requirements; injunctions or restraining orders; labor trouble, strike, lockout, or
injunction (provided that neither party shall be required to settle a labor dispute against its
own best judgment).
12. SUSPENSION
UTILITY may suspend the performance of CONTRACTOR'S services hereunder
in whole or in part, whenever, in UTILITY'S opinion, a temporary suspension of work is
necessary because of unsuitable temporary weather, other conditions unfavorable to
prosecution of the work, or the failure of CONTRACTOR or Subcontractor to carry out
any of the provisions of this Agreement. UTILITY may direct temporary suspension of
the work for a period up to th/rty (30) calendar days, upon ten (10) days prior written
notice of such suspension to CONTRACTOR. Upon receipt of such notice,
CONTRACTOR shall suspend operations on the work ordered suspended. After such
suspension, work s hall not commence until ordered b y UTILITY. A ny suspension o f
work by UTr[,ITY shall ha no case relieve the CONTRACTOR from its obligations under
the Agreement. T hereafter, CONTRACTOR s hall resume t he full p efformance o f t he
Agreement when directed to do so by reasonable notice from the UTILITY.
In the event of suspension of the performance of the Agreement at UTILITY'S
request, CONTRACTOR shall be entitled to reimbursement for additional costs
reasonably incurred by CONTRACTOR in suspending the Agreement and during the
period of suspension, and in reactivating the Agreement after the end of the suspension
period, to the extent that such additional reasonable costs are incurred. In addition,
CONTRACTOR shall be entitled to an equitable adjustment of the fee and schedule upon
any suspension.
UTILITY shall be liable for any surcharges or penalties as described in Section 5
of this Agreement resulting from delay in disposal resulting from UTILITY'S suspension
of performance of this Agreement.
13. TERMINATION
PCB Waste Disposal Agreement 5
If CONTRACTOR should be adjudged bankrupt; or if it should make a general
assi~tmment for the benefit of its creditors; or if a receiver should be appointed; or if it
should persistently or repeatedly refuse or should fail to supply competent supervision,
enough properly skilled workmen, or proper materials; or if it should fail to make prompt
payments to Subcontractors for materials or labor; or if .it should persistently disregard
laws, ordinances, or the instructions of the UTILITY; or if it should fail to perform the
wo~k~lili~g~'rly-and in an orderly ~-d-xvorlrmanlike manner in
Agreement, or other, vise be guilty of a substantial violation of any provision(s) of the
Agreement; UTILITY may consider CONTRACTOR in default and serve written notice
upon CONTRACTOR of its intention to terminate the Agreement; such notice to contain
the reasons for the intention to terminate the Agreement, and unless within ten (10)
calendar days after the receipt of such notice by CONTRACTOR, such violation or delay
shall c ease and satisfactory arrangement for correction b e m adc, t he Agreement, u pon
expiration of said ten (10) calendar days, shall terminate.
14. TECHNICAL REPRESENTATIVE
UTILITY hereby designates the following as UTILITY'S technical representative:
Guy Phil Rennaker
Denton Municipal Electric
901-A Texas St.
Denton, Texas 76209
(940) 349-7182
The technical representative is responsible for monitoring and providing technical
guidance to CONTRACTOR respecting this Agreement, and should be contacted
regarding questions or problems of a technical nature.
15. TRANSPORTATION
PCB Waste will be transported only in covered containers and trucks licensed for,
and used exclusively for, hazardous waste or PCB hauling, and equipped with ail
necessary and required emergency cleanup materials.
CONTRACTOR shall deliver all shipments promptly to a permitted treatment,
storage, or disposal facihty via the safest direct route.
16. MANIFESTS/LABELING.
All PCB Waste shipped must be labeled and packaged in accordance with current
Environmental Protection Agency ("EPA") and U.S. Department of Transportation
("DOT") regulations. CONTRACTOR shall label all PCB material according to TSCA
regulations for storage, and shall provide any additional labeling required by EPA and
DOT for transportation.
PCB Waste Disposal Agreement 6
Manifests shall be properly filled out in accordance with current EPA and DOT
regulations before the shipment will be allowed to leave the site in Denton, Texas.
Manifests shall state all items are properly labeled, intact, and non-leaking.
17. LOADING
.................... CON~i'RACTOi~ w il~p ro vide-t r uclcl-oarli~g-,quipmenta nd-mxrrpower: - Trucks-
will be loaded under the driver's supervision and instruction. Hours of loading shall be
between 7 a.m. and 4 p.m., Monday through Friday, except for UTILITY-recognized
holidays.
18. CERTIFICATES OF DESTRUCTION / DISPOSAL
CONTRACTOR shall upon destruction or disposal of the PCB Waste, promptly
provide to UTILITY a "Certificate of Destruction of Disposal." The information on the
certificate shall include, at a minimum, the correct manifest number; the date of load
pickup; and the date, location, and method of waste disposal. The certificates shall be
complete and line item specific.
20. INSPECTIONS AND AUDITS
UTILITY shall have the right to perform an inspection of the CONTRACTOR
and any Subcontractor disposal facilities for handling, loading, transportation, storage, or
disposal operation practices.
UTILITY may make investigations, as it deems necessary, to determine the
ability of the CONTRACTOR to perform services.
21. PUBLICATIONS
CONTRACTOR shall not make any news release, publicize, or advertise any
articles, photos, drawings, technical data, or other information regarding the project
without the prior written approval of the UTILITY. UTILITY agrees not to make any
announcement or news release of information concerning this Agreement without the
prior written consent of CONTRACTOR.
22. CONFIDENTIALITY
CONTRACTOR shall hold and maintain as confidential all information
concerning its study findings and recommendations, the business of the UTILITY, its
financial affairs, its relations with its clientele and its employees, as well as any other
information which may be specifically classified as confidential by the UTILITY.
23. ANTI-KICKBACK
PCB Waste Disposal Agreement 7
"Kickback," a s used i n t his clause, m cans any money, fee, commission, credit,
gift, gratuity, thing of value, or compensation of any kind which is provided, directly or
indirectly, to UTILITY or any of its employees, to CONTRACTOR or any of its
employees, or to any Subcontractor or any of its employees for the purpose of improperly
obtaining or rewarding favorable treatment in connection with the Agreement.
CONTRACTOR shall have in place and follow reasonable procedures designed to
prevent and detect possible kickback violations in its own operations and direct business
....... relafionsh/pm.
24. BNVIRONIvlENTAL CONTROL
CONTRACTOR shall take suitable measures and provide suitable facilities to
prevent pollution, oil and chemical spills, soil erosion, and the introduction of any
substances or materials into any stream, river, lake, or other body of water, which may
pollute or silt the water to be otherarise deleterious to fish or wildlife. CONTRACTOR
shall be responsible for all costs of corrective measures required as a result of any
polhition, spilling, erosion, or situations, in both water and land.
25. SUBCONTRACTORS
CONTRACTOR may subcontract or sublet only such parts of the work covered
by this Agreement as the UTILITY approves. CONTRACTOR shall not subcontract any
work under this Agreement without written notice and approval from the UTILITY.
Subcontractors solely for the convenience or profit of the CONTRACTOR may not be
approved if, as determined by the UTILITY, they would have an adverse effect upon the
job. UTILITY reserves the right to refuse any Subcontractor the right to participate in the
work covered by this Agreement. No subcontract shall relieve CONTRACTOR of its
responsibilities, and CONTRACTOR agrees that it is fully responsible to UTILITY for
the acts and omissions of its Subcontractor(s).
26. INDEPENDENT CONTRACTOR
CONTRACTOR'S relationship to UTILITY in the performance of tiffs Agreement
is that of an independent contractor. CONTRACTOR shall pay all wages, salaries, and
other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them relating to social security,
income tax withholding, unemployment compensation, workmen compensation, and
similar matters.
27. NOTIFICATION
In the event there is a need or requirement for UTILITY to notify
CONTRACTOR, such notification will be made in writing to the following address:
L.W. Environmental Services, Inc.
P.O. Box 318
PCB Waste Disposal Agreement 8
Wilson, Oklahoma 73463
In the event there is a need or requirement for CONTRACTOR to notify UTILITY, such
notification will be made in writing to the following address:
City of Denton, Texas
Director, Denton Municipal Electric
901-A Texas St: ...........
Denton, Texas 76209
28. GOVERNING LAW
This Agreement and any amendments thereto shall be governed in accordance
with the laws of the State of Texas. Venue of any cause of action brought under this
Agreement shall be in the District Courts of Denton County, Texas.
29. AMENDMENTS
Tiffs Agreement may, be amended only by a written agreement between the
parties.
3O. HEADINGS
The headings employed in this Agreement are not to be construed as modifying,
limiting, or expanding in any way the scope or extent of the provisions of this
Agreement.
31. ENTIRE AGREEMENT
Unless different or additional terms and conditions are subsequently agreed upon
in writing, between the parties, in which event such additional terms and conditions shall
be exclusive as to the particular subject covered, the terms and conditions supersede any
prior contemporaneous agreements or correspondence between the parties.
32. TERMS OF AGREEMENT
This Agreement shall become effective on the ~ day of May, 2003. The work
required hereunder shall commence on the effective date of this Agreement and continue
to be performed on a "fast-track" basis, unless terminated sooner as provided herein,
through June 15, 2003.
"UTILITY"
PCB Waste Disposal Agreement 9
CITY OF DENTON, TEXAS
("DENTON MUNICIPAL ELECTRIC")
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~~C~Y ATTORNEY
By: ~//
"CONTRACTOR"
L.W. ENVIRONMENTAL SERVICES, INC.
ATTEST:
PCB Waste Disposal Agreement 10
PCB DISPOSAL AGREEMENT
APPENDIX
As described in attached proposal and quotation identified as the "Scope of Services" and
dated ~,d~.~s.~, 2003.
PCB Waste Disposal A~reement 11
PCB DISPOSAL AGREEMENT
APPENDIX "B"
UTILITY shall provide thc following information to CONTRACTOR in the attached
description, identified as and dated:
2.
3.
4.
The date on which items were placed into storage.
Kesults of all analytical tests as required.
Location and estimated quantities of waste.
Assurance that the PCB Wastes are stored and packaged in accordance
with applicable regulations.
EPA Identification Number, if any.
PCB Waste Disposal Agreement 12
PCB DISPOSAL AGREEMENT
APPENDIX "C"
CONTRACTOR shall submit the following information with its proposal:
1. EPA Identification Number;
2. Copy of standard "Certificate of Destruction" and "Certificate of Disposal";
3. Name, address, and EPA Identification Number of all Subcontractors and copies of
any required licenses or permits which they must have for their portion of work;
4. Name and locations of all sites where UTILITY PCB waste will be stored,
incinerated, landfilled, or deconta~minated;
5. Landfill specifications for any landfills to be used for disposal of PCB Waste;
6. Copy of "Certificate of Insurance" (naming the UTILiTY as additionally insured);
7. Copies of all disposal permits held by CONTRACTOR;
PCB Waste Disposal Agreement 13
05/01/2003 06:54 FAX 8176362841 LW Envlronmenra~ ~002
Environmental Services
Wilson. OK - Grapevine. lX
Eme~,~e~scy XC~onse
LW Environmental Services, Inc.
754 Port America, Suk¢ 220
Grapevine, TX 76051
April 23, 2003
City ofDenton
Amt PhilRennnkor
901-ATexas S~ect
Denton, Texas762091
RE: Proposal for Direct Push Sampling and Removal of Contaminated Soil around
the Rodeo Team Storage Bufldiag.
~ff. B. ennnl~¢r,
LW Environmental Services, Inc. (LWES) is pleased to presem Chis proposal for the
aforementioned project. This proposal is based on the scope of work that was d~cussed
by both parties.
Execufi. ve Summary
LWES will mobilize the equipment and personnel needed to perform the scope of work
that is l]s~ed below. All or,he personnel working on this project will have received the
proper training to pc~l~orm the duties required and all personnel will comply with
LWES's drug awareness program.
Scope of Work
LIVES will conduct additional direct push sampling around the Rodeo Team Storage
Building. Excavation, disposal, backfill, and txansportation to landfill of all contaminated
materials. All to work to be performed at the City of Danton Municipal Elecaic yard
located on Spencer road.
05/01/2003 06:64 FAX 8176362841 LW Environmental ~003
Fee Schedule
Equipment and Labor
o Supervisor ($55.00 per/hr 14 day ~ Shrs, 4 days ~ 6hfs)
o Supervisor Track & Equip.
o Excavator__w/Operator (1 week)
Total
Transportation
o Haul Truck w/Driver (16-18yds per load)
o Approximately 13 Ioads
Total
l~oll-offBoxes
Box Liners (40.00 es, total of 13)
Rental (4(~ 7days, 4~ 4 days)
Delivery (1~ 4 boxes dropped Fri before start ofjob)
Total
Non-Haz Disposal
o Disposal of PCB contaminated materials
o Estimated amount 200
Total
BImkfill
o If performed at time of excavation
o II'to be scheduled for later date.
$1,760.00
$550.00
$3,90.0,00
$6,210.00
$815.00 amm
$10,595.00
$520.00
$440.00
$I,~O0.00
$2,460.00
$55.00 pcr/yd
$11,000.00
$2,000.00
$3,$00.00
Total (backfilled at snme time): $32,265.00
Total (backfilled at later date): $~3,765.00
**** Th~ proposal is estimated on 200 yards of soil to be excavated and disposed of
properly.
· Groundwater Impaction Sampling
o Equipment and Labor
$3,280.00
Sampling
o 5 daytumaround $125.00 ea
o 3 daytumaround $186.00 ea
o 1 day turnaround $248.00 ea
05/01/2003 06:54 FAX 8176362541 LW Environmental ~004
Teems and Conditions
This proposal is valid for thirty (30) days ~om the date of the proposal and LWES
reserves the right to withdraw this proposal without notice. Any work performed outside
of the LWES proposed scope of work will be billed in accordance with LWES'S standard
time and materials rate sheet in affect at thc time unless otherwise agreed to in writing by
both parties. Both LWES and Denton Municipal Electric must agree to all changes in
If you have any questions or concerns, please contact me at ($17) 416.5555. LWES
appreciates the oppommity to provide this proposal and looks forward to serving the
needs of Denton Municipal Elc~'aic in the future.
Sincerely,
LW Environmental Services, Inc.
Jason Dyson
Operations Manager
Environmental Services
Wilson, OK - Grapevine. ~
Ents~e~' Reveille
(858) 890-2597
LW Environmental Services, Inc.
165 Calhoun Court
Hasler, Texas 76052
April 17,2003
City ofDenton
Atm. Phil Renneker
901-BTexasS~eet
Denton, Texas 76209
RE: Proposal for Direct Push sampling performed on April 4, 2003.
Mr. Renneker,
On April 4, 2003 LW Environmental Services, Inc. conducted a sub surface investigation
for Polychlorinated Biphenyls (PCB's) at the Denton Power Facility located in Denton,
Texas.
The subsurface investigation consisted of installation of nine (9) soil borings installed by
geoprobe. Core barrels collected the soil recovered from each boring in four (4) foot
increments to a total depth often (10) feet below ground surface (bgs). The soil collected
in each core barrel was screened with a Thermo Environmental 580-EZ Organic Vapor
Meter (OVM). Soil samples were collected and jarred every two (2) feet bgs in each
boring. Each soil sample was placed in a 4-oz glass jar with a Teflon lid and was placed
on ice for transport to Environmental Testing, Inc. located in Oklahoma City, OK. Five
(5) samples were collected fi'om each boring with a total of forty-five (45) soil samples
taken for the investigation.
The following table provides a summary of those samples that indicated PCB levels
above the laboratory detection limit of 0.05mg/kg. Attached is a copy of the laboratory
results for you to view levels of PCB's for each sample taken.
Summary Table
Sample No. PCB-1016 PCB-1221 PCB-1232 PCB-1242 PCB-1248 PCB-1254 PCB-1260
mg/kg mg/kg mg/k_g mg/kg rog/kg rog/kg rog/kg
ESB-5-4' < 0.05 <0.05 <0.05 <0.05 <0.05 0.2 <0.05
ESB-9-2' <0.05 <0.05 <0.05 0.54 <0.05 <0.05 <0.05
ESB-9-6' <0.05 <0.05 <0.05 0.22 <0.05 <0.05 <0.05
ESB-9-8' <0.05 <0.05 <0.05 0.1 <0.05 <0.05 <0.05
ESB-9-10' <0.05 <0.05 <0.05 1.31 <0.05 <0.05 <0.05
If you have any questions regarding this report please feel free to contact Jason Dyson at
(817) 416-5555. Thank you for the opportunity to be of assistance with your
Environmental needs and we look lotto working with you in the future.
Sincerely,
LW Environmental Services, Inc.
ETI
ENVIRONMENTAL TESTING, INC.
OKLAHOMA .~, OK 73118
YEL 406 ~8-2400
Client: Mt. F.~ck Gallham
En~econ Ser~liees, [ne..
6S~S ~[. ~r~eridlllan: ~te. ~03
Oidah~ Clt~, 0~[ ?11116
ProJe,ot:. Law bern. po,aw, bato~ 'fX
Anaaytical ]Results
mple Collected i,..,04AM~O~ · 10:00
Sa~nple Oollected: (M/O4/SCQ3 · t0:05
o,J~#: 20030400~7 Page f of 21
d Z699990Lg9'ON/90:gZ'IS/IO:ag g03g 9L ~d¥,(]Li, 'ONI 'g3OIAU]S NOOU]N3 N08:I
An, aly fical Results
Semple C411ec, ted: 04t0V~()~3 ~10:,15
O4/ff//'"~)O~ '03~rYl.,'O0 PM
Cl~e ID: E.~B-1-8'
~ample Collected: ~4~17~3 · 10:.~ '
PCB,.1016 <0.55 IYq~:(I 04~?~0(~ ~4'.,1~00 PM
I~1B,.1:~1 <O.BS *t~,:~j 04/07/;0(~ 04:3~.'00 PM
i:~B-I~J~ <o,oB mD'r ~l 04~/'~0~ 04:.36:00 PM
PCB-l?,¢?. <0.0~ mDt,~J 04A~/'2~08 04;G6;00 PM
PCB-t~ ¢0.05 mg~ :l! OWO?/2OB~ 04:M:O0 PM
~. 8ampleCollected, OM)4,'2E03 ~10:.~
04~7/2003 (~i:~t:O0 PM
OWO?/~O0~ 0~c34.'oD PM
ETI ID: 3 I
Analyst Method
*GL
*OL 80~
*~.
*OL
Matdx:6oll
Analyst Method
ETI ID: 5
Ma~cSoil
_a~l.~t Method
OKler #: 2003(:~q~e7
9 d ZSg99SOL89'ON/90',S~'I$/~O'.SZ $003 §L
'ONI 'S3OiAH3$ NOO~tNt NO~IJ
Analyfic J Results
~ 12.'o&~o PM
04~ 12:o~,'~xI PM
~ 12:08:00 PM
Client Sample ID:
t ._ ~ .....
{Cllent$,~npie ID: ESB-2.6';""''- .....
ID: 6 1
Matrlx:S(dl
Matdr,, 6oll
A~slvst ~
z d Z699990~89'ON/gO:SZ'.Lg/)O:Sg gO3Z 9L
Pa~e 3
'ONI '$301A~S NOO~3N3
Amdyfi, Results
Client Sample ID: E$~.2-8' .
Sample Collected: ~ · 1E~
[Client ~imple ID: -~B-,'~-2i
04/06/2003 0~82:G0 PM
ETI ID: 9
Matdx:6oil
Analyst Method
*Ot.
~ Me.od
Analytir~d Results
IClient ~am~e ID: E~' ........
'Sample C.,(diected: 04/04~03 0 11:20
0,4/t~V20~ OJ~,'O0;~ PM
Analyzed On
Order i~. ~7
Page $ of 21
'ONI 'S]OIA~I3S NOO~IqN] NO~d-I
Analytical ]Eesults
ID:,
Sample Collected, ~I~O~'~D~ e 12:4~ .--. ....
Client Sample ID: ESB-4-4 ;---- ........
04/C~IX~ C)I:~6~X) PM
04~ 01'J~O0 F~Vl
~ 0'!,'36~ PM
04~ 01;36~0 I=M
04~ 01:38:~0 PM
Ell ID: 16
Mat~x:8oli
Analyst
ETI ID: 16
M~d~Soil
~mai~t
"OL
"OL
ETI ID: 17
l
"0~
Order
/_~§§~0 [~ 'ON/~O: ~ '/$/~0: ~
Page 6 o~ 21
'0NI 'Sg0I^a~S N00~gN3 !~0~.~
Analyti~d Results
U~l_. A~l~wd On
94~0(~ 02:58:00 PM
ETI ID: 18
~mdyzed Oa
04/09/20¢~ ~1,'~0 ~ PM
Analyst Method
~
Page 7 o~ 21
'ONI '$301A~]g NOOJ:I]N3 HOUJ
Analyfi ~'~1 ]~esults
· Simple C,(3~le(~ed: G4J~21)~, G 13:20
L,mpCllen~ Sample ID:
Ell ID: 21
J
Ma~Ix'.~o[I
Analyst Method
*OL
*OL 8O82
*OL ama
ETI ID: 22
J
Ida~:Soil
~j~nalvst- Method
*OL
ET~ iD: 23
.~,~t M~
O~der#:
Page 8 of 21
'ONE 'S301AB38 NOOI:I3N3 NO~l~
Ana4ytical ]Results
Client Sample ID:
',.~a~pla Collected:
~ ~_~ml'[ ~L ~nalyzed On
PC~1018 <~,OS mgm4! 04/10/"~0,q t~'4~:00 PM
_Ann]Wzed On
ETI ID: 24 i
~.__t_t_t_t_t_t_t_~ Method
ETI ID: 2S
Matrix:Sell
ETI ID: 26
Order #: 2~o304o~87
Page 9 of 21
Analybca ]BLesults
["~ient Bmnple ID: ESB-~-4:
04,'10/20(~ 0~:41:00 PM
04/1~ 02:41 :~ PM
04/t~f"~t~ 0241:00 PM
04/10720030;,'41:00 PM
04~10/2008 02:41:00 PM
04/1 iY'2003 02'A1.'O0 Fid
04/10~00~ 0~AI:00 PM
ETI ID: 27
__Analyst
M,~I OJ2(XQ O~'2'/:oo PM
04110/'tO~ ~'~:O0 PM
ETI ID: ~
Ma~dx:Soll
LJ
ETIID:29
Amdvst Method
t~L d zs§gggoL~9 ON/gO,&. 'l$/)L:gg ~0,3Z gL ~cl¥(dq):t)
Page 10 of gl
'ONI 'SqOlA~3$ NOOn,NJ !NO~IJ
Analytic. z.i ]Results
Client Sample ID: ~=SB-~"F~'
_Sample C~lected: 04~0~3~3 o 13:57 ............
Sample CoUected: 04~4~a1~ · 1~",03
p~,~amet~r Re~ult.
04/t O/'20(~i 04:41:00 PM
04/1,~ 04;4h'00 PM
04/I~ 04=4t.'00 PM
~1/10~2003 04:41:00 PM
alvzed' On
04fl W2Ot~ 06:27.'00 PM
Parameter' Result
PCB-'I01(I ,cO,M, mgt,<g
PC&.1248 ,,~0,(]6 mg~Kg
POS.l~O ,~,1~
04/11/20D~ 12:10:00 PM
04/11/2003 12:10~00 PM
0~11t~00~ lg?lO:O0 PM
04/1 t~ 1~10:00 PM
04/t 1/'~00~ 12:10:00 PM
04/I 1/2(~312:10:00 PM
04111/'ZtX)3 1~:10:00 ~
ID: 30
Mab'ix:$oll
J
'OL
Order#:
P~e 11 of£1
a ly'tie l Results
~iier~t~ampie ID: ESB4'4i ~' .....
O~ G 14:~ ....
L$~p~eC()llec*ed: 0~04;2UD~14.18 .
Parame~ ]~__l~l~
~ R~mlt Units
FC~.1016 cO.QS
~1~ ~S
~1~ <o~
~1~ ~$
' ~,06 m~
ETI ID: ~ !
M~x:Soll
~nnlvzed On ~ Meth~
OdVt I/~00~ 12:48:00 PM *Ob ~(]~2
04/I 1)20~119'48:00 PM *(N.
04~t 1/2003 12:4~.'00 PM
0~r11~ 12=48;00 PM
Anal~zed On .~m~vst Method
04~11~003 01:54:00 PM
04/I 1.J200~ 01 :$4':~ ~
Malfix:Soll
04fl 1/'~OOB 0e)'.35100 PM
Order ~. 200~0~0~7
Page 12 of 21
'ONI '$301Ai:I]~ NOOU3N]
Analytic4~l ]Results
Client Sample ID:
SGmple C~lected: GqO4/2G~
ID: ~ ~
An~t .Me~
J
~t Me~
Page 13 of 2.1
An, lyfical ]Results
LCflent 8am~e ID:
Sample C~llected: 0~)4/2003 · 14:46
Client Sa elD:
~ample Collaclsd: ~04/~003 · 14:50
'E'I:I ID: 39 ]
Matfix:~MI
~,~ Analyst Method
04/11/20L~ ~5:11:00 PM =OL
04~11/~003 0~:1 t:00 PM 'OL
I~1/I 1~ I0~:11 ~ PM *(~.
04/t 1/20~3 OS:l 1 ,'00 PM *OL
04/11/200S 0~:1 t ,~0 PM ~l.
ETI ID: 40
Idabix:Soil
04/11 ,~003 05:48.'00 PM *OL
04/1 l~fl 06:4~:00 PM "(]t.
04/t 17Z~3 flfi:M:flO PM *C3. 80~2
ETI ID: 41
Idat~cSoll
04/14/2003 19'40100 PM *~L.
04/14~003 12:40'~0 PM *OL
Page 14 of 21
An:dytical ]Results
m~l- ~[ 0~t4~X~10128.'~ PM
pie Collected: 04/04/2003 e 16:00
Paramet, er Re~lt
PCB.lO16 <0,05
PC~,t'~I
F)CB,.1232
<0,05
P~l~O
r~ilent,~r~ple ID F. ttl3-~f ..........
I : ~
~nal~zed On
~]010
ETI ID: 42 1
Mm]'b(:,~oll
~aml~ Method
'OL
ETI ID: 43
tlmalvst. Method
*Or,
*ia=
Ell ID: 44
Mat~x:Soll
Analyzed On Analyst
Od/I 4,',~005 02~1:00 Pld 'OL 80~
04/1 ~ o2:51:0o PM *CX.
04/1,4~200~ (Y2~t.'00 PM . 'OL
Order #: 200~M0087
Page 15 of 21
'ONI 'g3OI^~FIS NOO~3N3 NOI:IJ
Analyfi~e~l Results
Pn~t
Pttge 16of21
'ONI 'S]OIA~IqS NOO~]N3 HOt~