HomeMy WebLinkAbout2004-368ORDINANCE NO. 2004- 36
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ETTL ENGINEERS & CONSULTANTS, INC. FOR HYDROGEOLOGICAL
CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF
DENTON LANDFILL (MSW PERMIT NO. 1590A); AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE
RATIFICATION AND APPROVAL THEREOF; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council deems that it is in the public interest to continue to
engage ETTL Engineers & Consultants, Inc., a Corporation, of Tyler, Texas ("ETTL"), to
provide professional hydrogeological consulting and analytical services for the City
pertaining to the City of Denton Landfill (MSW Permit No. 1590A); the City Council has
engaged ETTL for a number of consecutive years to perform these services, and has been
satisfied as to the quality and reasonable price of their work; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above -referenced professional consulting services, and that limited
City staff cannot adequately perform the specialized services and tasks with its own
personnel; and
WHEREAS, it is necessary for the professional services provided by ETTL to
begin on October 1, 2004, and the timing involved in the contract approval process dictates
that this ordinance be ratified and approved effective as of October 1, 2004, which
continues the professional services contracted by the City with ETTL for similar services
for the City's landfill, without interruption; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act", generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a
Professional Services Agreement with ETTL Engineers & Consultants Inc., a Corporation,
of Tyler, Texas, for further professional hydrogeological consulting and analytical services
pertaining to the City of Denton Landfill (MSW Permit No. 1590A); in substantially the
form of the Professional Services Agreement attached hereto as Exhibit "A" and
incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
continued demonstrated competence, knowledge, and qualifications of ETTL and the
continued demonstrated ability of ETTL to perform the services needed by the City for a
fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached
Professional Services Agreement is hereby authorized.
SECTION 4: That the effective date of the Professional Services Agreement
approved hereby, is hereby ratified, confirmed, and made effective as of the Ist day of
October, 2004.
SECTION 5: That otherwise, except as stated in Section 4 hereinabove, this
ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the �g day of 2004.
(:� ��Acle—
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
SAOur Documents\0rdinences\04\ETrL Engineers-Landfill-PSA 2004-2005 ord.doc
2
STATE OF TEXAS
aCK lil�ll II'La73s7:t.Y�Ci}►1
PROFESSIONAL SERVICES AGREEhIENT
FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
PERTAINING TO THE CITY OF DENTON LANDFILL
THIS AGREEMENT is made, entered into, and effective as of the 1 °` day of October, 2004,
by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal
offices at 215 East McKinney Street, Denton, Texas 76201 (heremafter "OWNER'; and ETTL
Engineers & Consultants, Inc, a Corporation, with its corporate office at 1717 East Erwin Street,
Tyler, Texas 75702-6398 (hereinafter "CONSULTANT'); the parties acting herein by and through
their respective duly- authorized representatives and offices.
WITNESSETH, that in consideration of the covenants and agreements harem contained, the
parties hereto do mutually AGREE as follows:
ARTTCT R T
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services harem in connection with the Project as
stated in the Articles to follow, with drhgence and in accordance with the professional standards
customarily obtamed for such services m the State of Texas. The professional services set forth
harem are in connection with the following described project (the "Project').
Providing professional hydrogeological consulting and analytical services pertaining to the City of
Denton Landfill (MSW Permit No 1590A) for the period begriming on October 1, 2004 and ending
on September 30, 2005. ETTL shall serve as the OWNER's professional services consultant
relative to all landfill groundwater monitoring, data review, reportmg (including, without limitation,
two semi-annual detection groundwater monitoring events), and general geological and
hydrogeological consulting services, where needed for the Project
ARTTCTR IT
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner.
A To perform all those services as are set forth in the CONSULTANT's "Proposal" to the City
of Denton, Texas contained in that certain three (3) page letter from Leslie A Jeske, P G.,
Hydrogeologist retained by CONSULTANT to David Dugger, Landfill Supermtendent of
OWNER, dated September 30, 2004, which letter is attached hereto as Exhibit "A" and is
incorporated herewith by reference
B. If there is any conflict that arises between the terms of this Agreement and the "Probable Cost
Estimate" (September 30, 2004), Exhibit ` W' attached to this Agreement, then the terms and
Page 1 of 10
conditions of Exhibit "B" shall control over the terms and conditions of the Agreement.
Y N 11
N IJ I I Lei
Any Additional Services to be performed by CONSULTANT, if authorized by OWNER,
which are not included as Basic Services in the above -described Scope of Services, set forth in
Article 11 above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine,
in writing, the scope of such Additional Services, the amount of compensation for such additional
services, and other essential terms pertaining to the provision of such Additional Services by
CONSULTANT A partial listing of possible Additional Services and the hourly rates and the
amounts therefor, are set forth on page two (2) of the "Probable Cost Estimate" which is attached
hereto as Exhibit `B" and is incorporated by reference herewith.
:41MINMA \
I' :1' • Y • :I'
The parties hereby agree that in any event, this Agreement shall be effective as of October 1,
2004. Work shall commence upon the issuance of a notice to proceed to CONSULTANT by the
OWNER This Agreement shall remain in force for the period that may reasonably be required for
the completion of the Project, rnchuimg Additional Services, if any, and any required extensions
approved by the OWNER, or until September 30, 2005, whichever event shall first occur. This
Agreement may be sooner terminated in accordance with the provisions hereof Trine is of the
essence in the performance of this Agreement. CONSULTANT shall make all reasonable efforts to
complete the services set forth herein as expeditiously as possible and to meet the schedule(s)
reasonably established by the OWNER, acting through its Director of Solid Waste or his designee.
ARTICIR V
COMPENSATION
A COMPENSATION TERMS:
"Direct Non -Labor Expense„ is defined as that expense [other than "per diem"
expense], based upon actual cost plus fifteen (15°/u) percent, for any out-of-pocket
expense reasonably incurred by the CONSULTANT related to its performance of this
Agreement, for long distance telephone charges, telecopy charges, messenger semces,
printing and reproduction expenses, out-of-pocket expenses for purchased computer
time, prudently incurred travel expenses related to the work on the Project, and similar
incidental expenses incurred in connection with the Project.
B BILLING AND PAYMENT.
For and in consideration of the professional services to be performed by CONSULTANT
herein, OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of
the Basic Services tasks set forth in the Scope of Services as shown in Article 11 above, as
follows
Page 2 of 10
I CONSULTANT shall perform its work on this Project on an hourly fee basis,
plus reunbursement for all reasonably incurred out-of-pocket expenses, billed monthly, or for
longer penods of time CONSULTANT shall bill from time sheets, in tnuumum '/. hour
increments of time, at the rates and subject to the terns set forth in CONSULTANT's
"Probable Cost Estimate" which is contained in Exhibit "B" heretofore referred to in Article
III. OWNER shall pay to CONSULTANT for its professional services performed, and for its
out -of pocket expenses incurred in the Project, a total amount not to exceed $41,772.
2 Partial payments to the CONSULTANT will be made monthly based on the percent of
actual completion of the Basic Services, rendered to and approved by the OWNER through
its Director of Solid Waste or his designee However, under no circumstances shall any
monthly statement for services exceed the value of the work performed at the time a
statement is rendered The OWNER may withhold the final ten (10%) percent of the above
not -to -exceed amount until satisfactory completion of the Project by CONSULTANT
3 Nothing contained in this Article shall require the OWNER to pay for any work that is
not submitted in compliance with the terms of this Agreement OWNER shall not be
required to make any payments to CONSULTANT at any time when CONSULTANT is in
default under this Agreement
4. It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional payments
by the OWNER for any charge, expense or reimbursement above the trot -to -exceed amount
as stated hereinabove, without first having obtained the prior written authorization of the
OWNER CONSULTANT shall not proceed to perform any services to be later provided for
under Article III "Additional Services" without first obtaining prior written authorization
from the OWNER
C ADDITIONAL SERVICES- For Additional Services authorized in writing by the
OWNER in Article III. heremabove, CONSULTANT shall be paid based on a to -be -agreed -
upon Schedule of Charges. Payments for Additional Services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with Exhibit `B" attached
hereto, and Article V B heremabove Statements for Basic Services and any Additional
Services shall be submitted to OWNER no more frequently than once monthly.
D PAYMENT- If the OWNER fails to make payments due the CONSULTANT for
services and expenses within fluty (30) days after receipt of the CONSULTANT's
undisputed statement thereof; the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month from and after the said thirtieth (30th) day, and in
addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under this Agreement untd the CONSULTANT has been paid in
full for all amounts then due and owing, and not disputed by OWNER, for services, expenses
and charges Provided, however, nothing herein shall require the OWNER to pay the late
charge of one percent (1°/u) per month as set forth herein, if the OWNER reasonably
determines that the CONSULTANT's work is not submitted in accordance with the terms of
this Agreement, in accordance with Article V.B. of this Agreement, and OWNER has
promptly notified CONSULTANT of that fact in writing.
Page 3 of 10
ARTIM.F. VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reportmg to the OWNER any defects or deficiencies in the work of CONSULTANT
All documents prepared or fiunished by the CONSULTANT pursuant to this Agreement are
instruments of service and shall become the property of the OWNER upon the termination of this
Agreement The CONSULTANT is entitled to retain copies of all such documents The
documents prepared and fumushed by the CONSULTANT are untended only to be applicable to this
project and OWNER's use of these documents in other projects shall be at OWNER's sole nsk and
expense In the event the OWNER uses the Agreement in another project or for other purposes
than specified herein any of the information or materials developed pursuant to this Agreement,
CONSULTANT is released from any and all liability relating to their use in that project
r I11
1121 ►:t':1 ►Z • •'
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or claim any right ansing from
employee status
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, claims,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including without limitation damages for bodily and
personal mjury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of this Agreement
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental rmmm uty, which defenses are hereby expressly reserved
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following mmiranee with an insurance company licensed to do business in the State of
Page 4 of 10
Texas by the State Insurance Board or any successor agency, that has a rating with A. M Best Rate
Cameos of at least an "A-" or above:
A. Comprehensive General Liability Insurance with bodily mlury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each
person and not less than $1,000,000 for each accident and with property damage limits for
not less than $100,000 for each accident.
C Workers Compensation Insurance in accordance with statutory requirements, and
Employer's LiabilityInsurance with limits of not less than $100,000 for each accident
D Professional Liabihty Insurance or appropriate Errors & Omissions Insurance with limits of
not less than $1,000,000 annual aggregate
E. CONSULTANT shall finmsh insurance certificates or insurance policies at the OWNER's
request to evidence such coverages The msinww policies shall name the OWNER as an
additional insured on all such policies to the extent that is legally possible, and shall contain a
provision that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, deliver copies of any
such substitute policies, furmshing at least the same policy limits and coverage, to OWNER
ARTIC i.R XT
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties will make efforts to settle any disputes arising under this Agreement by
submitting the dispute to arbitration or other means of alternate dispute resolution such as
mediation However, no arbitration or other form of alternate dispute resolution ansmg out of, or
relating to this Agreement involving one pmWs disagreement may include the other party to the
disagreement without the others approval
ARTre`T.R 3M
TERMINATION OF AGREEMENT
A Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty (30) days advance written notice to the other party.
B This Agreement may alternatively be terminated in whole or in part in the event of either
party substantially failing to fulfill its obligations under this Agreement. No such termination
will be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and selling forth the reasons specifying the
nonperformance or other reason(s� and not less than thirty (30) calendar days to cure the
failure, and (2) an opportunity for consultation with the terminating party prior to termination.
Page 5 of 10
C If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services upon receipt of the written notice of
tem matron from OWNER, and shall render a final bill for services to the OWNER within
twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance with Article
V of this Agreement. Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant. If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant CONSULTANT shall turn over all documents prepared or f ninshed by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for its files.
AR'11C .F. XiR
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, or agents, for the
accuracy and competency of their work performed pursuant to this Agreement; nor shall such
approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for
any defect in the work prepared by the CONSULTANT, its principals, officers, employees, and
agents
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in
the United States marl at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein
To CONSULTANT.
ETTL Engineers & Consultants, Inc.
1717 East Erwin Street
Tyler, Texas 75702
Fax- (903)595-6113
City of Denton, Texas
Michael A. Conduff; City Manager
215 East McKinney Street
Denton, Texas 76201
Fax: (940) 349-8596
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first
occur.
Page 6 of 10
This Agreement consisting of ten (10) pages and two (2) Exhibits thereto, said Exhibits
consisting of three (3) and two (2) Pages respectively, constitutes the complete and final expression
of the Agreement of the parties and is intended as a complete and exclusive statement of the terms
of their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, understandings, and agreements which may have been
made in connection with the subject matter of this Agreement.
MEN♦I
:A' :I
If any provision of this Agreement is found or deemed by a court of cornpetentjunsdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of tlus Agreement,
and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTrC4 P. xvrr
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended.
af71 Y CN1.W01L I
• NFA I • "14191 I
In performing the services required hereunder, CONSULTANT shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap
•
A CONSULTANT represents that it has or will secure at Its own expense all personnel required
to perform all the services required under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER.
CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may discover, or which may anse during
the term of this Agreement
B OWNER requires that CONSULTANT carefully safeguard all documents, data, and
information provided by OWNER to CONSULTANT incident to this engagement
CONSULTANT recognizes that such doctnnents, data, and information, involve sensitive,
Page 7 of 10
competitive issues, in some cases, confidential mfonnahon; and in some cases proprietary
information, and the disclosure of such information by CONSULTANT to any third party,
without the express written consent of OWNER, is expressly prohibited by OWNER, and
would likely cause economic loss and detriment to OWNER. Any such unauthorized
disclosure of information by CONSULTANT shall constitute an act of default respecting this
Agreement CONSULTANT represents to OWNER that it will safeguard OWNER's
information and will, upon OWNER'S reasonable request, provide OWNER with
CONSULTANT'S policies regarding its procedures for identifying conflicts of interest, and
its procedures and safeguards which are in place which would apply to CONSULTANT'S
treatment and handling of OWNER'S documents, data, and information during this
engagement
C. All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under applicable state and local laws
to perform such services
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any
interest in this Agreement (whether by assignment, novation or otherwise) without the prior written
consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its
name as well as of any material change in its corporate structure, its location, and/or in its
operations
ILV[#)D]12[
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith.
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed.
The parties further agree that the provisions of this Article will not be waived unless as herein set
forth
A CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relating to this Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities and
shall be provided adequate and appropriate working space in order to conduct examinations
or audits in compliance with tlus Article OWNER shall give CONSULTANT reasonable
Page 8 of 10
advance notice of all intended examinations or audits.
B Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
C. For purposes of tlus Agreement, the parties agree that Leslie A Jeske ("Jeske!% of the firm of
Solutient l ieoSciences, Inc shall serve as the Project Manager for CONSULTANT
respecting this engagement This Agreement has been entered into with the understanding
that Jeske shall serve as the CONSULTANT's Project Manager and will be the key person
serving the OWNER on this Project. Any proposed changes requested by CONSULTANT,
respecting Jeske serving as the Project Manager on the Project, shall be subject to the
approval of the OWNER, which approval the OWNER shall not unreasonably withhold
Nothing herein shall limit CONSULTANT from using other qualified and competent
members of its firm to perform the other services required herein, under its supervision or
control
D. CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carved on by the OWNER
E The OWNER shall assist and fully cooperate with CONSULTANT by placing at the
CONSULTANT's disposal all available information pertment to the Project, including
previous reports, any other data relative to the Project and arranging for the access to, and
make all provisions for the CONSULTANT to enter in or upon, public and private property
as required for the CONSULTANT to perform professional services under this Agreement
OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon
background information furnished to it by OWNER without the need for further inquiry or
investigation into such information.
F The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly authorized City Manager, and CONSULTANT
has 4ecutod this / ement b} and through its duly authorized undersigned officer, on this the
I-r
day of 2004, but to be effective on the lb` day of October, 2004
Page 9 of 10
<.01W E l
CITY OF DENTON, TEXAS
A Municipal Corporation
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
By.�� �&/0J'Z/-2&y�./.
APPROVED AS TO LEGAL FORM.
MINAMEMWEN► ,,
"CONSULTANT"
ETTL ENGINEERS & CONSULTANTS, INC
A Corporation
W
ATTEST
By. W
Secretary
S\,Our Dcewm tsWw4xtsW\UM FnBma Lwdfifl4SA 2004-2M5Ace
Page 10 of 10
ETTL ENGmExs & CoNsumm INC. MEMBER
GEOTECHNrAL a MATERIALS e
September30,2004
Tyler, Tetras
David Duaw
landfill Superintendent
City of Denton
5166 Foster Road
Denton, Tx. 76208
PROPOSAL
2005 HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
CITY OF DENTON LANDFILL (MSW PERMIT NO.1590A)
DENTON (DENTON COUNTY), TEXAS
Dear Mr. Dagger.
In accordance with your nxxat request, ETTL Hogmeess & Consultants Inc
("ETTL-) is pleased to submit the following proposal for providing bydmgeolopxd
constrltingandanalyticalser C=BttheCityefDenton("City")land511foracne-yearpedod
ootim B0Cing00t0ber1,2004. ETMwillseaveasileCitrsprofessionalservices consnitant
relativeto all landfill pwmdwmwmonbDdng, datareview,repor ft andgeneral geological
and hydrogeological services, where needed.
Scope of Services
As we understand it, the work will consist of conducting seami-amual groundwater
monitoring events and reporting in accordance with the existing Texas Commission on
Environmental Quality- MCEQ-) approved Oronndwater Sampling and Analysis Plan
("OWSAP") and 30 Texas Administrative Code ("TrAC") §330.233-330.241 at the above-
refumcedficility. The following discassionprovidesadetailodexplamtionoftheservices
provided.
HydrogeologrcalConsulting-includes1)ge auftonanim-gomgmmdAnm m
ofa data base of existing groundwater chemical data, 2) management and direct
supervision of groundwater monitoring events, 3) review of analytical data, 4)
preparation of semi amual groundwater monitoring reports and statistical
evaluations, 4) evaluation and submittal of siWAiptopriate statistical analysis
method(s), and 5) correspondence with TCEQ regarding groundwater quality
issues. The City will be continually informed of all monitoring results and
HOME OFRCE:
1717 East E"M0 sheet
Tyler. Tune 7sm-W98
OBke (am 59"al
Lab • (903) 885.5402
Fox• (i)M W"113
90CIETT aBRUAM ASTY
TEXARKANA*
210 Beech Street
Tereillerla. Ar =dW 71854
OBlee (870) 772-0013
Fax (870)218.2413
LONGVIEW-
707 West 0WW 3trae1
Longview. T03= 75604-WOS
OBme: (903) 758.04M
Fax• WM 76"M
Mil- TCEL ABAE TBPE AIONP NEPE. ALOE AC8 ADm. AAG
EXHIBIT A
Mr. David Dogger, City of Denton
September 30, 2004 _
Page 2
Provided oa-g Mrecommendations and opinions reits diagnecessaryaction,if
needed
Analytical Services - includes sampling and analysis of grog samples
coIIatedatIandMIheft inaceordanrewithNEQ,approvedGWSAP. Atotal
of20 monitoring wells, which comprise the facility (MSW Permit No.1590A)
grotmdwatea monitoring system will be gauged, purged, and sampled using
dodirsatod,low flowpumps adaWdi VaudmmitxWmp system. Tnadditic4
2 leachate samples will be collected and analyzed for necessary pre-heatmenb
conshu atsasmquhedbythewamwaaxtreatmemplaet. Altaualyseswillbe
performed using EPA-appmved mdfiods at Ana -Lab Corporation's laboratory
located in Kilgore, Teals;
SanitasTm for Grrnmd Water Mamteriaoce Agreement - provides for normal
upgrades and software support of Saohas'n ; a statistical analysis software
All services provided will be coordinated and p under do direct supervisionofMr.
Leslie 7esloe6 P.G., Hydrogeologist.
Low flow purging and sampling activities will be conducted using instruments and
equipmentownedaodmaintained bytheCity. Intheeveattbeinstrumentsare foundinneed
of repair, we will notify the City promptly to insure minimal delays in completing the
scheduled monitoring events. The City will be responsible for all costs associated with
repairs and ongoing maintenance.
Coat Estimate
Bascdmpondmabovenapeofsa-vicesandourundmsbmdingoftheproject,wehave
prepared the attached Probable Cost Estimate which shows the estimated quantities of work
and wait fees. It is estimated that the total anoomt of this cordract for October 1, 2004 -
September 30, 2005 should not exceed S 41, 777-00.
In the event additional services are required beyond those detailed in this contract,
suchwill be performed on a time and msrrials basis.
You will be notified if unforeseen conditions are encountered or there is a necessity
to change the scope ofwork_ Additional workwill not be performed withou t first obtaining
your approval ofthe additional ems. An invoice will be submitted on a monthly basis for
W. David Dugger, City of Denton
September 30, 2004
Page 3
the percent ofvm&completed for each semi-annual event. hwillbebased upon idwackW
wakpefformadandtheunitpricesshownintheattachedProbableCostEstimate. Aswith
all prior annual contracts, E Mperformedallworkunderbudgetversustheproposed2004
anmial contract.
If you have any questions after tvvievving this proposal, please do rot hesitate to
contact us. We look forward to worldag with you again in2005.
Very imiyyom%
Err FisOwas & Coxcuttants Inn.
t�u Q.
Leslie A. Jeska, P.O.
Hydmgeologist
Attach: Probable Cost Estimate
aw Mike Copeland, City of Denton
Darrell Elan, LML Eivowers & Consultants lnc.
PROBABLE COST ESTIMATE
(September 30, 2004)
Hydrogeological Consulting and Analy" Services
City of Denton Land58 (MM Permit No. VMA)
Denton (Denton Comty)o Tam
m
1. Samtw for Ground Water Soitm" Maiaftaence Agreement
(cost+15%) 375.00
SUBTOTAL......... $ 375.00
Semi-Amwd A*)Wt;orft EnW.•
2. Statistical Evaluation and Rvmtwg
Est 20 wells ® $175.00/well $ 3,500.00
3. Groundwater Chemistry Review, Data Base Update, and
Report m)
I;ydro�eologist
Est. 3 hours @ $115.00/hor r 345.00
Geology
Est 9 hours ® $90.00/hour 810.00
4. CADD Operator (groundwater mop)
Est. 2 hours @ $50.00/hom 100.00
S. Envimvmemal Technician
Est. 28 hours @ $55.004mw 1,540.00
6. Subsistence (lodging andmesls)
Est 2 days ® $85.00/day 170.00
7. Sampling Vehicle
Est 3 days ® $50.00/day 150.00
8. Mileage
Est 325 mites ® $0.50kule 162.50
9. Turbidity Meter
Est 2-A days ® $50.00/day 12500
Page 1 of 2
EXHIBIT B
PROBABLE COST ESTIMATE - i
(September 30, 2004)
13ydregeslaglcal Consulting and Analytical Swdm
City of Denton L MM (MSW Permit No.1590A)
Denton (Denton County), Toms
10. VOCs, Metals, and Motganic Analyses
- MSW PemritNo.1590A (Table 5-1 Constituents OWSAP,)
Est. 27 samples (2lmchate semp1m 20 yells, & 5 QA/QC samples)
$499.00/sample 13.446.00
- Additional Pw4eatdent Constituents - Leac hate (phosphorous,
BOD, COD, TSS, cyanide, oil & grease, & mercury)
Est. 2 samples @ $175.00/sample 350.00
SEMI ANNUAL SUBTOTAL. S 20,6".50
(2 SEMI ANNUAL EVENTS SUBTOTAL. $ 41 9 .00
ANNUAL TOTAL..,««.. $ 41,772.00
Additional work will be performed upon authorh ation by the city of Denton utiliz] the
following rate schedule.
Hydrogeologist - $115.00 per hoar
Geologist - $90.00 per hour
Envhommemml Tecbnkien - $55 00 per hour
CADD Operator - $50.00 per hour
Kdoage - $0.50 per mile
Outside Services (i.e., map reproduction, color photocopies, etc.) - cost+15%
Additional Evenses (Le., meals, lodging, etc.) - cod +15%
Page 2 of 2