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1985-072-RES WHEREAS, The City Council of the City of Paris in keeping with its commitment to comply with the Court RESOLUTION NO. 85-072 WHEREAS, The City Council of the City of Paris in keeping with its commitment to comply with the Court Order entered in Cause No. 49477, in the 6th Judicial District Court of Lamar County, Texas, has solicited proposals for sampling the five (5) ground water monitor wells at the Stillhouse Landfill and performing the analytical tests required in such Court Order; and, WHEREAS, the best proposal for such service was received from Underground Resource Management, Inc., 2499-B Capital of Texas Highway, Austin, Texas 78746, and it should be accepted utilizing the contract form attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the proposal of the Underground Resource Management, Inc., be, and the same is hereby accepted. Be it further resolved that George Fisher, Jr., be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the Professional Services Contract with Underground Resource Management, Inc., upon the same terms and conditions as contained in Exhibit A attached hereto. Passed and adopted this 9th day of September, 1985. ~~n{~~ae rge ~is er, Jr'., Mayor ATTEST: ~~",,--~~~^,-,,"~:J Mattie unning am, CitY. er APPROVED AS TO FORM: ~~~rn"' PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THAT, the City of Paris, Paris, Texas, a municipal corporation, acting by and through its Mayor, George Fisher, Jr., hereinafter referred to as CITY and Underground Resource Management, Inc., 2499-B Capital of Texas Hwy, Austin, Texas 78746, hereinafter referred to as ENGINEER, do contract and agree as follows: 1. The CITY wishes to procure and ENGINEER desires to provide professional services in the form of sampling the five (5) ground water monitor wells at the Stillhouse Landfill and performing the analytical tests listed on Exhibit A attached hereto. The amount payable as compen- sation for the annual performance of said services shall be $2,675.00, payable annually upon completion of the services, which amount shall be increased or decreased annually in the percentage amount of increase or decrease in the Consumer Price Index for all urban consumers !CPI-U United City Average (1967-100,0)] above or below the rate for September 1985, which equals , which shall be added to this contract when published, which amount as adjusted shall not increase without written authorization executed by the City Manager of the City of Paris. II. Original documents, notes, and reports are instruments of service and are the property of the CITY. III. r ~ ---~~~- - -~ ---, __ ....1.._ contained. ENGINEER shall not assign, sublet, or transfer its interest in the contract without the written consent of CITY. V. ENGINEER shall complete the professional services heretofore described and any other necessary to comply with the annual sampling, analysis, and reporting requirements of Paragraph VIII of the judgment entered on the 26th day of September, 1983, in Cause No. 49,477, in the 6th Judicial District Court of Lamar County, Texas, entitled State of Texas vs. City of Paris, attached hereto as Exhibit B. ENGINEER shall perform this annual service through the year 1989. CITY shall have the right at its option, to either temporarily suspend or terminate this contract at any time before the date of completion. CITY shall promptly notify engineer in writing the determination to suspend or terminate, and the effective date of the action. Upon receipt of the notice to terminate, ENGINEER shall stop all work and not incur any additional expense and shall promptly inform contractors or sub-contractors contracted for by ENGINEER to stop all work and to not incur any further expense and CITY will pay only for work done and cost incurred on or before the date of termination. VI. ENGINEER must provide insurance in the following minimum amounts and shall provide certificates of such insurance to be filed with the City Clerk of the City of Paris: 1. ENGINEER hereby agrees to indemnify and hold CITY harmless from any and all loss, damage, agreement, including such loss, damage, liability or expense, including attorney's fees and the cost of expense, including attorney's fees and the cost of defense, as may be imposed upon CITY as a matter of law by reason of any such error, omission or negligent act of ENGINEER. 2. ENGINEER hereby agrees to indemnify and hold CITY harmless from and against any liability to, and claims and actions by any person or persons, for or on account of any death or injury to any person or persons, including, without limitation, any officials, officers, partners, employees, agents, consultants, contractors and subcon- tractors of CITY, and ENGINEER's contractors and subcontractors, or any damage to property, and from all judgments or amounts paid in settlement and for all expenses incurred by CITY in defending such claims and actions by others, including reasonable attorney's fees and court costs, where such liability, claims, actions or expenses are caused or incurred, by any actual act, failure to act, negligence or other fault on the part of ENGINEER. 3. ENGINEER hereby agrees to maintain insurance underwritten by solvent insurance companies authorized to do business in the State of Texas with BEST rating of "A". This insurance shall, at a minimum, provide coverage for the following: A. The legal liability of ENGINEER under the Workers' Compensation Act for all death and disease sustained by em- ployees. Employers' Liability Coverage shall be included with the limit of liability of not less than $1,000,000.00. A waiver of subrogation in favor of CITY shall be obtained from ENGINEER's Workers' Compensation and Employers' Liability insurer. B. The legal liability of ENGINEER to pay claims because of damage to property and for injuries to or death of any person or persons for occurrences arising out of ENGINEER's work performed under this contract, including automobile exposure, exclusive of professional services covered under Paragraph (above or below) . Said insurance to be written with limits of not less than $1,000,000.00 for any occurrence in- volving bodily injury, death and/or property damage. C. All insurance provided by ENGINEER shall be primary and any insurance maintained by CITY shall be excess and not con- tributing with ENGINEER's insurance. ENGINEER will arrange with its insurance company to endorse its insurance policies accordingly. D, Certificates of Insurance shall be filed with the City Clerk of the City of coverage; and liability assumed under Subparagraphs 1 and 2 of this Article VI. E. ENGINEER shall not violate, or permit to be violated, any conditions of any said policies, and shall at all times satisfy the requirements of the insurance company's writing said policies. VII. ENGINEER will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. ENGINEER will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to . their race, religion, color, sex or national origin, Such action shall include, but is not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ENGINEER agrees to post, in conspicuous places available to employees and applicants for employment, notices setting forth the requirements of these nondiscrimination provisions. VIII. CITY and ENGINEER hereby agree to the full performance of the covenants contained herein. ENTERED INTO THIS 15th day of August, 1985. CITY OF PARIS APPROVED AS TO FORM: T, K. Haynes, City Attorney ATTEST: Secretary UNDERGROUND RESOURCE MANAGEMENT, INC. By: Bob Kent, Vice-President ( LIST OF ANALYTICAL TESTS Conductivity pH Solids/Dissolved Alkalinity Chloride Fl uoride Nitrate-N Sulfate Cadmium Calcium Chromium Lead Magnesium Mercury Potassium Sodium Total Organic Carbon Total Organic Halogen Acrolein Acrylonitrile Benzene bis(Chloromethyl)Ether Bromoform Carbon Tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2-Chloroethylvinyl Ether Chloroform Dichlorobromomethane Dichlorodifluoromethane l-l~Dichloroethane 1-2-Dichloroethane I-l-Dichloroethylene 1-2-Dichloropropane 1-2-Dichloropropene Ethyl benzene Methyl Bromide Methyl Chloride Methylene Chloride 1-1-2-2-Tetrachloroethane Tetrachloroethylene Toluene 1-2-trans-Oichloroethylene EXHIBIT A 1-1-1-Trichloroethane 1-1-2-Trichloroethane Trichloroethylene Trichlorofluoromethane Vinyl Chloride ...-.-- ~ .. NO. 49477 STATE OF TEXAS, S IN THE DISTRICT COURT OF S plaintiff, S S v. S LAMAR COUNTY, TEXAS S CITY OF PARIS, S S Defendant. S 6TH JUDICIAL DISTRICT JUDGMENT BE IT REMEMBERED that on the 2.- J:, day of S' ~~ 1983, came on to be heard the above entitled and numbered cause, in which the State of Texas, for and on behalf of the Texas Department of Health, is Plaintiff, and the City of Paris is Defendant; said cause being an action prosecuted by Plaintiff against Defendant for alleged violations of the Texas Solid Waste Disposal Act, Article 4477-7, V.T.C.S.: and came the Plaintiff, by and through its attorneys of record, and came the Defendant, by and through its attorneys of record. It was thereupon made known to the Court that, subject to the approval of the Court, Plaintiff and Defendant had a recommendation to the Court to resolve these matters, and the parties having jointly announced to the Court that they recommend Judgment be entered as is hereinafter pro- vided, the Court, after reviewing the recommended Judgment, is of the opinion that said Judgment will dispose of this cause in a manner consistent with the intent and purpose of the Texas Solid Waste Disposal Act, together with the rules and regulations pro- mulgated pursuant thereto by the Texas Department of Health. It is, therefore, ORDERED, ADJUDGED AND DECREED that the Defendant, City of Paris, its officers, agents, and employees, are enjoined as follows: I. take affirmative measures to prevent ponding on the site. II. Defendant is mandatorily enjoined by January 1, 1985 to apply a final cover of soil at the Stillhouse Road site as follows: A. The first one and one-half feet or more of cover shall be of a sand/clay mixture compacted in layers of no more than six inches. B. The final six inches of cover shall be of topsoil which will sustain the growth of vegetation. II!. Defendant is mandatorily enjoined by January 1, 1985 to grade the Stillhouse Road site as follows: A. The final cover gradient on top of the fill shall not exceed 4 percent (4 feet vertical to 100 feet horizontal). B. Side slopes of the final cover shall not exceed a 25 per- cent grade (1 foot vertical to 4 feet horizontal). IV. Defendant is mandatorily enjoined by May 1, 1985 to establish vegetation upon the final cover at the Stillhouse Road site. V. ,J Defendant is mandatorily enjoined to maintain the Still house Road site by repairing erosion, maintaining a proper grade in accordance wi th Paragraph I! I, and maintain vegetation, for a period of five years from the date of entry of this Judgment. VI. Defendant is mandatorily enjoined to prepare and file by November 1, 1983 an Affidavit to the Public in the Office of the Lamar County Clerk. The affidavit shall include a legal descrip- tion of the property on which the site is located and shall specify the portions of the site filled with solid waste. The VII. Defendant is mandatorily enjoined to employ a consultant recognized as an authority and experienced in groundwater hydro- logy for the purpose of evaluating the direction and rate of flow of shallow groundwater beneath the Stillhouse Road sanitary land- fill site and the immediate surrounding area. All parties shall promptly inform the consultant of allegations and facts concerning wastes buried at the site. The consultant shall prepare a report which recommends the number, location, depth, and construction specifications of the monitor wells or such other recommendations as the consultant deems advisable and appropriate to monitor migration of wastes buried at the site. Supporting geotechnical and hydrological evidence shall be submitted with the recommenda- tions. The Defendant shall submit a copy of the consul tant 's report to the Chief, Bureau of Solid Waste Management, Texas Department of Health, not later than October 1, 1984. The Chief, Bureau of Solid Waste Management, Texas Department of Health, may accept or mod ify the recommendations of the consultant. Such recommendations, as accepted or modified by the Bureau of Solid Waste Management, shall be implemented within ninety days after receipt by the Defendant of the accepted or modified recommendations from the Texas Department of Health. VII I. Defendant is mandatorily enjoined to collect water samples from each of the monitor wells every three months for a period of nine months, and thereafter once each year until the year 2015. These samples shall be sent to a laboratory and analyzed for the following: Lead Chromium Cadmium Mercury Vnl~ri'A Ora~ni~~ sample results to the Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. IX. Plaintiff, Texas Department of Health, reserves the right to petition the court for further injunctive relief in the event the results of the samples indicate a threat to the public health and the environment. X. Defendant acknowledges that the foregoing injunction shall be binding on heirs, successors, and assigns and is sufficiently detailed and specific to comply with the requirements of Rule 683, Texas Rules of Civil Procedure, and waives the necessity of service of a writ of injunction. / , 1983. SIGNED this 2b CL. .~~ ~ PRESIDING - JUDGE APPROVED AS TO FORM AND SUBSTANCE AND ENTRY REQUESTED: JIM MATTOX Attorney General of Texas DAVID R. RICHARDS Executive Assistant Attorney General JIM MATHEWS Assistant Attorney General Chief, Environmental Protection Division D~~,-P~ -LrAVID J. EISTER SBN 16245800 , . ~ '- j . ~__-:_.J T. tc?:!~ SBN City Attorney Ci ty Hall Paris, Texas 75460 C. _.riJ ,. /;1. D. McLAU C/SBN McLaughlin, Hutchison & Hunt 38 1st N.W. Paris, Texas 75460 (214) 785-1606 ATTORNEYS FOR THE CITY OF PARIS