HomeMy WebLinkAbout2001-460ORDINANCENO OOl W
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ETTL I 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, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems that it is in the public interest to engage ETTL
Engineers & Consultants, Inc, a Corporation, of Tyler, Texas ("ETTL"), to continue to
provide professional hydrogeological consulting and analytical services for the City
pertaining to the City of Denton Landfill (MSW Permit No 1590A), 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, 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
pertaimng to the City of Denton Landfill, in substantially the form of the Professional
Services Agreement attached hereto and incorporated herewith by reference
SECTION 2 That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of ETTL and the demonstrated
abihty'lof 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 this ordinance shall become effective immediately upon its
passage and approval ������ ��jj�
PASSED AND APPROVED this the •� — day of 066ff ,LLL, 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By A Qj-
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STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT
FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
PERTAINING TO THE CITY OF DENTON LANDFILL
THIS AGREEMENT is made and entered into as of the � day of
2001, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal
offices at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER"), and ETTL
Engineers & Consultants, Inc, a Corporation, with its corporate office at 1717 East Erwin Street,
Tyler, Texas 75702, (hereinafter "CONSULTANT"), the parties acting herein by and through their
respective duly-authonzed representatives and officers
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows
ARTICLE E T
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the Articles to follow, with diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas The professional services set forth
herein 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 beginning on the effective date of this
Agreement and ending on September 30, 2002 ETTL shall serve as the OWNER'S professional
services consultant relative to all landfill ground -water monitoring, data review, reporting
(including, without limitation, two semi-annual detection ground -water monitoring events), and
general geological and hydrogeological consulting services, where needed on the Project
ARTTCLE TT
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, contained in that certain three (3) page letter from Les A Jeske, Operations
Manager/Hydrogeologist of CONSULTANT to David Dugger, Landfill Superintendent of
OWNER, dated October 31, 2001, 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 Exhibits "A" and
"B" attached to this Agreement, then the terms and conditions of this Agreement shall control
over the terms and conditions of the attached Exhibits
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ARTICLE III
ADDITIONAL SERVICES
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 II 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 rates therefor, are set
forth on page two (2) of the "Probable Cost Estimate" which is attached hereto as Exhibit "B" and
incorporated by reference herewith
ARTICLE IV
PERIOD OF SERVICE
The parties hereby agree that this Agreement shall be effective as of the date of City Council
approval thereof, upon its execution by OWNER and CONSULTANT, and upon the issuance of a
notice to proceed to CONSULTANT by the OWNER This Agreement shall remain in force for
the period which may reasonably be required for the completion of the Project, including
Additional Services, if any, and any required extensions approved by the OWNER, or until
September 30, 2002, whichever event shall first occur This Agreement may be sooner terminated
in accordance with the provisions hereof TIME IS OF THE ESSENCE IN THE
PERFORMANCE AND COMPLETION 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
ARTICLE 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%) 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 services,
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 II above, as
follows
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I CONSULTANT shall perform its work on this Project on an hourly fee basis,
plus reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly, or for
longer periods of time CONSULTANT shall bill from time sheets, in minimum '/4 hour
increments of time, at the rates and subject to the terms set forth in CONSULTANT's
"Probable Cost Estimate" which is contained in Exhibit eB" 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 $39,676 24
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 not -to -exceed
amount as stated heremabove, 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 hereinabove, 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 forty-five (45) 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 forty-fifth (45th) day, and in
addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under this Agreement until 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%) 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
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ARTICLE VT
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT
ARTTCIR VTT
OWNERSHIP OF DOCUMENTS
All documents prepared or f irmshed by the CONSULTANT pursuant to tlus 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 famished by the CONSULTANT are intended 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
ARTICLE VTTT
INDEPENDENT CONTRACTOR
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 ansmg from
employee status
ARTTCLE TX
INDEMNITY AGREEMENT
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 oinissions 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 immunity, which defenses are hereby expressly reserved
11LIMIZAALIM
During the performance of the Services under tlus Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate
Carvers of at least an "A-" or above
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A Comprehensive General Liability Insurance with bodily injury 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 linuts 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 Worker's Compensation Insurance in accordance with statutory requirements, and
Employer's Liability Insurance with limits of not less than $100,000 for each accident
D Professional Liability Insurance or appropriate Errors & Omissions Insurance with limits of
not less than $1,000,000 annual aggregate
E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's
request to evidence such coverages The insurance 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, furnishing at least the same policy limits and coverage, to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties will make efforts to settle any disputes ansmg 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 party's disagreement may include the other party to the
disagreement without the other's approval
ARTICLE XII
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 setting 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
C If the Agreement is terminated prior to completion of the services to be provided hereunder,
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CONSULTANT shall immediately cease all services upon receipt of the written notice of
termination 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 furnished 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
ARTTCT E XTTT
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
ARTTCLE XTV
NOTICES
All notices, communications, and reports required or penrutted under this Agreement shall be
personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in
the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein
To CONSULTANT
To OWNER
ETTL Engineers & Consultants, Inc City of Denton, Texas
Les A Jeske, Mgr of Hydrogeological Services Michael A Conduff, City Manager
1717 East Erwin Street 215 East McKinney Street
Tyler, Texas 75702 Denton, Texas 76201
Fax (903)595-6113 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
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of eleven (11) pages and two (2) Exhibits constitutes the complete
and final expression of the Agreement of the parties and is intended as a complete and exclusive
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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
ARTICLE XVT
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall
reform tlu$ Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and i enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTICLE XVTT
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
ARTICLE XVTTT
DISCRIMINATION PROHIBITED
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 mform 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 documents, data, and information, involve sensitive,
coTpetit ve issues, in some cases, confidential information, 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
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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
ARTICLE XXI
MODIFICATION
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
ARTICI F XXII
MISCELLANEOUS
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 this Article OWNER shall give CONSULTANT reasonable
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 Les A Jeske ("Jeske") shall serve as
the Project Manager of CONSULTANT respecting this engagement This Agreement has
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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 pertinent 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-authonzed City Manager, and CONSULTANT
hasycuted this A ement b and through its duly-authonzed undersigned officer, on this the
I�AL day of^ P/T , 2001
"CITY"
CITY OF DENTON, TEXAS
A Municipal Corporation
QI
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
By 1A It /Ain � /,/),- i7b, -
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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"CONSULTANT"
ETTL ENGINEERS & CONSULTANTS, INC
A Corporation
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ATTEST
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EXHIBIT "A"
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11/01/2001 TRU 10 00 FAX 903 595 6113 ETTL ENGINEERS
Z002
M E M B E R
EN ,ETTL ENGINEERS & CONSULTANTS INC-
OTIS
QEOTECHNICAL • MATERIALS • ENVIRONMENTAL
October 31, 2001
Tyler, Texas
David Dugger
Landfill Superintendent
City of Denton
5166 Foster Road
Denton, Tx 76208
PROPOSAL
2002 HYDROGEOLOGICAL
CITY OF DENTON LANDFILL (MSW P PERMIT SERVICES
NO 1 9
DENTON (DENTON COUNM TEXAS
Dear Mr Dugger
In accordance w1thyour recent request, ETTL Fngmeers & Consultants Inc (L 1 TL)
is pleased to submit the following proposal for providing hydrogeologreal consulting and
analytical services at the City of Denton (the City) landfill for a one-year period commencing
October 1, 2001 ETTL will serve as the city's professional services consultant relative to
all landfill ground -water monitoring, data review, reporting, and general geological and
hydrogeological seances, where needed.
Scope of Services
As we
understand it, the work will consist of conducting semiannual ground -water
monitoring events and reporting in accordance with the existing Texas Natural Resource
Conservation Commission (TNRCC) approved Groundwater Sampling and Analysis Plan
(GWSAP) and 30 Texas Administrative Code (TAC) §330 233-330 241 at the above -
referenced facility The following discussion provides a detailed explanation of the seances
provided
• HydrogeologIcal Consulting - includes 1) generation and on going rnaiud din ce
of a data base of existing ground water chemical data, 2) management and direct
supervision of ground -water monitoring events, 3) review of analytical data, 4)
preparation of semi-amnual ground -water momtormg reports and statistical
evaluations, 4) evaluation and submittal of site -appropriate stanstieal analysis
met►1od(s), and 5) correspondence with TNRCC regarding ground -water quality
issues The City will be continually mformed of all monitoring results and
TEXARKANA LONGVIEW
HOME OFFICE. 707 West Cotten Street
1717 East Erwin Street 210 ,Ark Street
Tyler, Texas 75702.6398 Texarkana, Arkansas 71854 Longwew, Texas 75.04 2
OQlce (903) 596-"21 ofte (870) 772-0013 Fooffixe (933) 5 88 46
Lab (903) 69&8402
Fax (870) 216.2413 Fax (909) 758 824b
Fax (903) 895 6113
S00IM1VM®iBEB6NIP9 ASTM AC IL TcE- Ages TSPE AIC.NE NSPE RICE AGS ACI A.CiG.
11/01/2001 TEU 10 01 FAX 905 595 6113 ETTL ENGINEERS
Z 003
Mr. David Dugger, City of Denton
October 31, 2001
Page 2
provided on -going recommendations and opinions regarding necessary action, if
needed.
Analytical Services - includes sampling and analysis of ground -water samples
collected at landfill facility in accordance with TIVRCC-approved GrWSAP A
total of 20 monitoring wells, which comprise the facility (MSW Permit No
1590A) ground -water monitoring system will be gauged, purged, and sampled
using dedicated, low -Bow pumps and a Well Wiza & micropurge system- In
addition, 2 leachate samples will be collected and analyzed for necessary pre -
treatments constituents as required by the waste water treatment plant All
analyses will be performed using EPA -approved methods at ETTL's laboratory
located in Tyler, Texas,
SaintasTM for Ground Water Maintenance Agreement - Provides for annual
upgrades and software support of Sanitas', a statistical analysis software
package capable ofperSormmgstatistical evaluation ofground-water quality data.
All services provided will be coordinated and performed under the direct supervision of Mr
Leslie Teske, Operations Manager/Hydrogeologmst
Low -bow purging and sampling activities will be conducted using instruments and
equipment owned and maintained by the City In the event the instruments are found in need
of repair, we will notify the City promptly to insure mmnnal delays in completing the
scheduled monitoring events The City wi7lbe responsible for all costs associated with repairs
and on -going maintenance
Cost Estimate
Based uponthe above scope ofservices and our understanding oftheprolect, we have
prepared the attached Probable Cost Estmiate which shows the estimated quantities of work
and unit fees It is estimated that the total amount of this contract for October 31, 2001 -
September 30, 2002 should not exceed S 39,676.24
In the event additional services are required beyond those detailed in this contract,
such will be performed on a time and materials basis
You will be notified If unforeseen conditions are encountered or there is a necessity
to change the scope of work. Additional work will not be performed without first obtaining
your approval of the additional costs An invoice will be submitted at the completion of each
11/01/2001 THU 10 01 FAX 909 595 6113 ETTL ENGINEERS
fij 004
Mr David Dugger, City of Denton
October 31, 2001
Page 3
sent -annual event, It will be based upon the actual work performed and the umt prices shown
m the attached Probable Cost Estmlate
If you have any questions alter reviewing this proposal, please do not hesitate to
contact us We look forward to workmg with you in this endeavor_
Very truly yours,
ETTL Engmeers & Consultants Inc
�1!she A. Jeske
Operations Manager/HydrogeologLst
Attach Probable Cost Estimate
cc M ke Copeland, City of Denton
EXHIBIT "B"
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11/01/2001 THU 10 01 FAX 900 595 5110 ETTL ENGINEERS
0 005
PROBABLE COST ESTIMATE
(October 31, 2001)
Hydrogeologtcal Consulting and Analytical Services
City of Denton Landfill (MSW Permit No 1590A)
Denton (Denton County), Texas
to
1 Samtas for Ground Water Software Maimtenance Agreement 145000
(cost +15%)
SUBTOTAL...... $ 350.00
Semi Annual Monitoring Event
2. Statistical Evaluation and Reporting $ 3,30000
Est 20 wells @ $163 00/well
3 Ground -water Chemistry Review, Data Base Update, and
Report Preparation)
Hydrogeologist 33000
Est 3 hours @ $110 00/hour
Geologist 81000
Est 9 hours @ $90 00/110111
4 CADD Operator (ground -water contour map) 80.00
Est 2 hours @ $40.00/hour
5 Environmental Technician 1,12000
Est 28 hours @ $40 00/hour
6 Subsistence (lodgmg and meals) 170.00
Est 2 days @ $85.00/day
7 Mileage 13000
Est 325 miles @ $0 40/mile
8 Turbidity Meter 10000
Est 2 days @ $50 00/day
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11/01/2001 THU 10 01 FAX 903 595 6113 ETTL ENGINEERS 11h006
PROBABLE COST ESTIMATE - CONTINUED
(October 31, 2001)
Hydrogeological Consulting and Analytical Services
City of Denton Landfill (MSW Permit No.1590A)
Denton (Denton County), Texas
Item Quat
9. V OCs, metals, and Inorganic Analyses
- MSW Permit No 1590A (Table 5-1 Constituents GrWSAP,)
Est 27 samples (2 leachate samples, 20 wells, & 5 QA/QC samples)
@ $498 00/sample 13,446 00
Additional Pre-treatment Constituents - Leachate (phosphorous,
BOA, COD, TSS, cyanide, and oil & grease)
Est 2 samples @ $88.56/sample 17? 12
SEMI-ANNUAL SUBTOTAL ...... S 199663.12
(2 x SEMI-ANNUAL EVENTS SUBTOTAL....... $ 39,326.24
ANNUAL TOTAL........ $ 39,676.24
Additional work will be performed upon authorization by the City of Denton utilizing the
following rate schedule
Hydrogeologist - $110 00 per hour
Geologist - $90 00 per hour
Environmental Technician - $40 00 per hour
CADD Operator - $40.00 per hour
Mileage - $0 40 per mile
Outside Services (ie , map reproduction, color photocopies, etc) -cost +15%
Additional Expenses (Le , meals, lodging, etc ) - cost +15%
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