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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~