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:
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Mattie unning am, CitY. er
APPROVED AS TO FORM:
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PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS
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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.
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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
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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
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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