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HomeMy WebLinkAbout1992-019ALL0011B ORDINANCE NO D -0/9 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RONE ENGINEERS, INC FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO EARTH ELECTRICAL RESISTIVITY SURVEY AT THE DENTON SANITARY LANDFILL, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING THE EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the mayor is authorized to execute an agreement between the City of Denton and Rone Engineers, Inc of Dallas for professional engineering services relating to the Earth Electrical Resistivity Survey at the Denton Sanitary Landfill, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof SECTION II. That the City Council hereby authorized the expenditure of funds in the manner and amount as specified in the agreement SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the F41-day of r r 1992 APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY _4S DATE January 21, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT PURCHASE ORDER #21937 - RONE ENGINEERS RECOMMENDATION We recommend purchase order #21937 to Rone Engineers be approved in the amount of $12,540 00 SUMMARY This purchase order is for the performance of an annual Earth Electrical Resistivity Survey (EEES) at the City of Denton Landfill This test is required by the Texas Department of Health The purpose is to identify and locate the possible existence of leachate migration at the Denton Sanitary Landfill Rone Engineers has performed similar studies for other area landfills as well as the City of Denton in the past The performance of this study by Rone Engineers is a professional service and exempt from the bidding process as defined by the laws of the State of Texas BACKGROUND Purchase Order #21937, Contract from Rone Engineers, Letter of Qualification from Rone Engineers PROGRAM DEPARTMENT OR GROUPS AFFECTED City of Denton Sanitary Lan dfil , Solid Waste Division Denton Municipal Utilities FISCAL IMPACT Funds for this (EEES) study will come from 1991-92 budget funds account # 630-024-0803-8502 Special Services Reapec lly submitted Lloy V Harrell City Manager Apgr,oved Name Tom D Shaw, C P M Title Purchasing Agent TS/jh 220 DOC § ■ S � � k z �m2 0-4cm § §ch Wh) 2 VA § j � 30 k 2 . k $ ■ m ra � e Om©m a ■ ;� ■ ° ;; 6A &D■ k ■o, - - k / � $ ) § � \ d 2 _ 2 \ 4 z m k P d [ !22$ a Nm > !§(m _ t/ k�\E ; § % Rona Engineers Inc Metro 214/263 1555 RoneEngineers 11234 Goodnight Lane Tel 214/241 4517 ®r® Dallas Texas 75229 Fax 214/24/241 5174 Dallas/Fort Worth/Houston 800/243 8494 December 31 1991 City of Denton Department of Public Works 216 E McKinney Street Denton Texas 76201 ATTN Mr Charles Watkins RE QUALIFICATIONS AND EXPERIENCE ELECTRICAL EARTH RESISTIVITY SURVEY CITY OF DENTON SANITARY LANDFILL DENTONJEXAS Dear Mr Watkins The purpose of this letter is to identify Rona Engineers Inc s experience In performing Interpreting and analyzing electrical earth resistivity surveys (EERS) with relationship to landfills The writer and Rone Engineers Inc have been performing EERS programs since 1982 We were the forerunners of coordination of EERS programs with Texas Department of Health Division of Solid Waste Management personnel who at that time consisted predominantly In the review process of Mr Bill Price and Mr Chet Safe Rone Engineers Inc has performed resistivity surveys at landfills operated by the City of Weatherford in Weatherford Texas Camelot Landfill for the City of Farmers Branch In Hebron Texas and for the City of Denton at the Denton Sanitary Landfill Rona Engineers, Inc has performed six surveys at the Denton Landfill since 1986 and our EERS reports have been accepted by the Health Department in all cases We own operate and manage our own EERS equipment which consists of a Bison Model 2350 electrical earth resistivity meter with associated ancillary equipment This equipment Is that recommended by the Texas Department of Health and has been utilized for the last ten years for resistivity studies Rone Engineers Inc Is uniquely qualified to perform the EERS program at the Denton Landfill due to our experience with previous similar studies and particularly our experience and knowledge at the specific Denton Landfill site We would be pleased to further discuss any details of our experience and knowledge at doing this work at your convenience Thank you for considering Rone Engineers Inc to perform these studies Please contact us should questions arise on Information contained herein Very truly yours Charles M Jacks9w P E Vice President CMJ/ksf Geotechnlcal Consultants Geosciences/Environmental Construction Matenais i eating 1123 Engineers, Inc Metro 4/241 4 17 RO®� nests t 1234 Goodnight Lane Tel 214/241 4517 Dallas Texas 75229 Fax 214/241 5174 Dallas/Fort Worth/Houaton 800/243 8494 February 18, 1991 Proposal 12 18 GD City of Denton Department of Public Works 215 East McKinney Denton Texas 76201 Ann Mr Charles S Watkins Gentlemen PROPOSAL FOR SI-RVIGCS EARTH ELECTRICAL RESISTIVITY SURVEY DENTON SANITARY LANDFILL DENTON,TEXAS GENERAL Rone Engineers Inc is pleased to submit the following proposal to conduct the annual earth electrical resistivity survey (EERS) as required by the Texas Department of Health PURPOSES AND SCOPE OF STUDY The purposes of this earth electrical resistivity survey are to identify and locate the possible existence of leachate migration at the Denton Sanitary Landfill and to provide information for comparison with previous and future surveys To accomplish the intended purposes the study shall Include the following * Conduct a field resistivity survey utilizing both sounding and profiling techniques * Reduce and analyze field data by direct plot Barnes Layer Method Moores Cumulative Method and Apparent Resistivity * Interpret the data based on comparison with previously conducted baseline resistivity surveys and geotechnical information * Prepare a report Including all above items and submit three (3) copies to the City of Denton Geolechnical Consultants Geosciences/Environmental uunsu ucuvn City of Denton Department of Public Works Proposal 12 18 GD February 18 1991 Page 2 FIELD INVESTIGATION General Apparent resistivity data will be obtained In the field utilizing a Bison Model 2350 Earth Resistivity Meter Electrode arrangement will use the Wenner or Price Array of four probes at equal spacing centered over the specific survey point Evaluation will be made using both sounding and profiling techniques Profiling measures lateral changes In the apparent resistivity The electrode separation remains constant while the entire electrode configuration is moved from station to station The A spacing used in the profile surveys for thl^, investigation will be 18 and 36 feet for all profiling stations Sounding measures the apparent resistivity change with depth Again using the Wenner or Price Array the A spacing is increased from a center point at a set interval As the electrode spacing is increased the depth of penetration Increases At each sounding location an initial A spacing of three feet will be used This spacing then will Increase in three foot Increments The apparent resistivity will be measured at each successive Interval to a final spacing of 36 feet Field procedures will be performed in general accordance with Texas Department of Health Division of Solid Waste Management Guidelines for Conducting and Reporting Earth Electrical Resistivity Surveys Technical Guide updated May 1985 and the October 23 1991 letter from TDH to the City of Denton ENGINEERING SERVICES The engineering report will present the results of the field and laboratory data together with our analyses of the results and recommendations We will provide three copies of the report The report will address (1) general soil and groundwater conditions (2) comparison of previous profile survey results to the results of the current survey (3) generation of several baseline sounding results around the perimeter of the landfill and (4) analysis and Interpretation of all data derived from the survey Items other than those specified above which are revealed by these studies or are necessitated by a change in project scope may require revised field and engineering services These services will be discussed and negotiated on an individual basis ANTICIPATED COSTS FOR SERVICES AND SCHEDULE Services will be performed In accordance with the attached schedule of fees Based on the anticipated quantity of work and the attached schedule the total cost of this investigation should be on the order of $11 000 00 to $13 000 00 For budget purposes a maximum cost of $13 000 00 Is recommended This cost will not be exceeded without prior authorization Rone City of Denton Department of Public Works Proposal 12 18 GD February 18 1991 Page 3 The estimated costs shown in this proposal are based on the anticipated soil conditions The final invoice will be based on the specific quantities drilled and tested If unanticipated conditions are encountered during the survey we will notify you accordingly We will Initiate these studies within 7 days of receipt of notice to proceed and anticipate that 4 to 5 working days will be required to complete the field Investigation You will receive the final report approximately three to four weeks following the completion of the field phase Thank you for the opportunity to present this proposal Please read carefully the attached Terms for Geotechnical Engineering Services Sign and return one copy as your authorization to proceed Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed work scope We look forward to working with you on the project if any questions arise please call CMJ/ksf Copies submitted (2) Rone City of Denton Department of Public Works Proposal 12 18 GD February 18 1991 Page 4 COST ESTIMATE EARTH ELECTRICAL RESISTIVITY SURVEY DENTON SANITARY LANDFILL DENTON,TEXAS FIELD INVESTIGATION 30 Hours 2 man Crew @ $100 00/hour $ 3 000 00 6 Hours Principal Engineer @ $90 00/hr 54000 3o Hours, Staff Engineer (as required by the State) @ $55 00/hour 1,6500 Subtotal Field Investigation $ 5 190 00 ENGINEERING SERVICES Engineering Supervision Analysis and Report Preparation 6 Hours Senior Principal Engineer @ $90 00/hour $ 540 00 120 Hours Staff Engineer or Engineering Geologist @ $55 00/hour 6 600 00 7 Hours Drafting and Secretarial Support @ $30 00/hour 2100 Subtotal Engineering Services $7350 00 TOTAL ESTIMATE $12,540 00 Based on this schedule the total cost of this Investigation is estimated to be $11 000 00 to $13 000 00 Unit prices shown are applicable through December 1992 Rone Engineers Inc reserves the right to modify quantities of above items including engineering services to account for specific conditions encountered in the field Modifications may necessitate variations in portions of the recommended budget However the upper limit estimate will not be exceeded without prior authorization Rone TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THEAGREEMENT This AGREEMENT is made by and between PONE ENGINEERS INC hereinafter referred to as GEOTECHNICAL ENGINEER and CITY OF DENTON DEPARTMENT OF PUBLIC WORKS hereinafter referred to as CLIENT The AGREEMENT between the parties consists of these TERMS the attached PROPOSAL identified as Proposal No 12 18 GD dated December 11 1991 and any exhibits or attachments noted in the PROPOSAL Together these elements will constitute the entire AGREEMENT superseding any and all prior negotiations correspondence or agreements either written or oral Any changes to this AGREEMENT must be mutually agreed to in writing STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings surveys or explorations are made and that site conditions may change with time Data interpretations and recommendations by GEOTECHNICAL ENGINEER will be based solely on information available to GEOTECHNICAL ENGINEER GEOTECHNICAL ENGINEER is responsible for those data interpretations and recommendations but will not be responsible for other parties Interpretations or use of the Information developed Services preformed by GEOTECHNICAL ENGINEER under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions in the locality of the project Under no circumstance is any warranty expressed or implied made in connection with the providing of geotechnical engineering services SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth In this AGREEMENT CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site but it is understood by CLIENT that in the normal course of work some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL CLIENT Is responsible for accurately delineating the locations of all subterranean structures and utilities GEOTECHNICAL ENGINEER will take reasonable precautions to avoid known subterranean structures and CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from damage done to subterranean structures and utilities not Identified or accurately located SAMPLE DISPOSAL GEOTECHNICAL ENGINEER will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples Further storage or transfer of samples can be made at CLIENTS expense upon CLIENTS prior written request MONITORING If GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the PROPOSAL then this phrase applies For the specified assignment GEOTECHNICAL ENGINEER will report observations and professional opinions to CLIENT No action of GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEERS site representative can be construed as altering any AGREEMENT between CLIENT and others GEOTECHNICAL ENGINEER will report to CLIENT any observed geotechnwally related work which in GEOTECHNICAL ENGINEERS professional opinion does not conform with plane and specifications The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT Such rights are reserved solely for CLIENT Furthermore GEOTECHNICAL ENGINEERS presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction related services GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means methods techniques sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT or safety precautions and programs incident thereto Terms Page 1 of 3 BILLING AND PAYMENT CLIENT will pay GEOTECHNICAL ENGINEER in accordance with the procedures indicated in the PROPOSAL and Its attachments Invoices will be submitted to CLIENT by GEOTECHNICAL ENGINEER and will be due and payable upon presentation If CLIENT objects to all or any portion of any Invoice CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the Invoice date identify the cause of disagreement and pay when due that portion of the invoice not In dispute In the absence of written notification described above the amount as stated on the invoice will be paid Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice At the option of the GEOTECHNICAL ENGINEER CLIENT will pay an additional charge of one and -one half (1 5) percent per month (or the maximum percentage allowed by law whichever is lower) on any delinquent amount except for any portion of the invoiced amount in dispute and resolved in favor of CLIENT Disputed amounts withheld by the CLIENT which are subsequently resolved in favor of the GEOTECHNICAL ENGINEER will carry the additional charge as described above effective thirty (30) days from the date of the original Invoice In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within sixty (60) days after Invoices are rendered CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the failure to pay the GEOTECHNICAL ENGINEERs Invoice as a breach of this AGREEMENT TERMINATION This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other parry or If CLIENT suspends the work for more than three (3) months In the event of termination GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination plus reasonable termination expenses Including but not limited to the cost of completing analyses records and reports necessary to document job status at the time of termination RISK ALLOCATION Many risks potentially affect GEOTECHNICAL ENGINEER by virtue of entering into this AGREEMENT to perform professional engineering services on behalf of CLIENT The principal risk is the potential for human error by GEOTECHNICAL ENGINEER For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with GEOTECHNICAL ENGINEERS liability CLIENT agrees to limit GEOTECHNICAL ENGINEERS liability to CLIENT and to all other parties for claims arising out of GEOTECHNICAL ENGINEERS performance of the services described in this AGREEMENT The aggregate liability of GEOTECHNICAL ENGINEER will not exceed the amount of the GEOTECHNICAL ENGINEERS fee for negligent professional acts errors or omissions Limitations on liability and Indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into and shall apply to all theories of recovery Including but not limited to breach of contract warranty tort (including negligence) strict or statutory liability or any other cause of action except for willful misconduct or gross negligence The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join GEOTECHNICAL ENGINEER as a thud party defendant Parties means CLIENT and GEOTECHNICAL ENGINEER and their officers employees agents affiliates and subcontractors Both CLIENT and GEOTECHNICAL ENGINEER agree that they will not be liable to each other under any circumstances for special indirect consequential or punitive damages arising out of or related to this AGREEMENT DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site and that CLIENT has informed GEOTECHNICAL ENGINEER of CLIENT a findings relative to the possible presence of such materials Hazardous materials may exist at a site where there is no reason to believe they could or should be present GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and safety CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials GEOTECHNICAL ENGINEER agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered CLIENT agrees to make any disclosures required by law to the appropriate governing agencies CLIENT also agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosures made by GEOTECHNICAL ENGINEER which are required by governing law In the event the project site is not owned by CLIENT CLIENT recognizes that it is CLIENTS responsibility to inform the Terms Page 2 of 3 property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials Notwithstanding any other provision of the AGREEMENT CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from GEOTECHNICAL ENGINEERS discovery of unanticipated hazardous materials or suspected hazardous materials Including but not limited to any costs created by delay of the project and any cost associated with possible reduction of the property value CLIENT will be responsible for ultimate disposal of any samples secured by GEOTECHNICAL ENGINEER which are found to be contaminated This Includes any soil or rock cuttings and contaminated drilling or wash water which Is generated as a consequence of drilling activities DISPUTES RESOLUTION All claims disputes and other matters In controversy between GEOTECHNICAL ENGINEER and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to alternative dispute resolution (ADR) before and as a condition precedent to other remedies provided by law If and to the extent CLIENT and GEOTECHNICAL ENGINEER have agreed on methods for resolving such disputes then such methods will be set forth in the Alternative Dispute Resolution Agreement which If attached is Incorporated into and made a part of this AGREEMENT If no specific ADR procedures is set forth in this AGREEMENT then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of ADR as provided above then (1) the claim will be brought and tried in judicial jurisdiction of the court of the county where GEOTECHNICAL ENGINEERS principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction and (2) the prevailing party will be entitled to recovery of all reasonable costs incurred including staff time court costs attorneys fees and other claim related expenses GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS their Interpretation and performance If any of the provisions contained in this AGREEMENT are held illegal invalid or unenforceable the enforceability of the remaining provisions will not be impaired Limitations of liability and Indemnities will survive termination of this AGREEMENT for any cause xw• The parties have read the foregoing understand completely the terms and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT HONE ENGINEERS, INQ GEOTECHNICAL r 00 o rC)Kr Vice President Position Position 1 " I �S a. December 11 1991 Date Date Terms Page 3 of 3