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HomeMy WebLinkAbout2000-056AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ETTL 'ENGINEERS AND 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 (PSA 2475 — PROFESSIONAL SERVICES AGREEMENT FOR HYDROGEOLOGICAL CONSULTING AND ANALYSIS AT THE LANDFILL AWARDED TO ETTL ENGINEERS & CONSULTANTS, INC IN THE AMOUNT OF $46,215 25) 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 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 professional hydrogeological consulting and analytical services pertain' ing 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 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 above and foregoing Professional Services Agreement is hereby ratified, confirmed, and retroactively approved, and shall be effective from and after October 1, 1999 SECTION 5 That except as otherwise provided in Section 4 above, this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the. 1-6--- day of 12000 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By S \Our DocumentAordmances\00\ETTL Engineers PSA - SW ord dac STATE OF TEXAS COUNTYiOF 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 1st day of February, 2000, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal office 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 duly - authorized representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I 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 customan�y 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 twelve-month period beginning on October 1, 1999 and,endmg on September 30, 2000 ETTL shall serve as the OWNER'S consultant relative to all landfill groundwater and methane data accumulation, data review, reporting, and general consulting services, where needed on the Project ARTICLE II 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 final, revised Proposal to the City of Denton, contained in that certain five (5) page letter from Les A Jeske, Manager of Hydrogeological Services of CONSULTANT to David Dugger, Landfill Superintendent of OWNER, dated January 12, 2000, 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 Exhibit attached to this Agreement, then the terms and conditions of this Agreement shall control «&�11[�9111Nkao, Page 1 of 10 over the terms and conditions of the attached Exhibit 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 ARTICLE IV PERIOD OF SERVICE This Agreement is hereby ratified by the parties, and the parties agree that this Agreement shall be retroactively effective as of October 1, 1999, upon its execution by OWNER and CONSULTANT, and upon the issuance of a notice to proceed by the OWNER, and 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, 2000, 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, 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 CONSULTANT shall perform its work on this Project on an hourly fee basis, 3\W, �m� .�. ,�. Fo &mom, E�9111 Psa"- Page 2 of 10 plus reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly 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 "Cost Estimate" which is contained in Exhibit "A" heretofore described in Article II A 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 $ 46,215 25 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 wntten 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 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 sixty (60) 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 sixtieth (60th) 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 fall 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 (10/6) 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 S\Our WcummW0ntrvu0 %CTTL Ps&&Cu mh(L fllll FM ft Page 3 of 10 ARTICLE VI 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 ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished 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 furnished 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 risk 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 VIII 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 ansing from employee status ARTICLE IX 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 injury, 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 parry'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 ARTICLE X INSURANCE During the performance of the Services under this 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 S wo,o umwu\Qonvxuw MErieac owu[unarm) ran doe Page 4 of 10 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 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 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 furmsh 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 mochfied 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, fimushing 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, s wue DocumenuwbnVrtU\OD\6nL&I ae .11 fumnn7 FSad. Page 5 of 10 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 furmshed 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 ARTICLE XIII 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 ARTICLE XIV NOTICES 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 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 W Jez, 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, wluchever event shall first occur ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and one (1) Exhibit constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive 3r rO ommu\CpnVu�TTLRMBQ=1tEW flfllPSAE Page 6 of 10 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 XVI SEVERABILITY If any provision of tlus 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 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 ARTICLE XVII 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 XVIII 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 ARTICLE XIX PERSONNEL 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 documents, data, and information, involve sensitive, competitive issues, in some cases, confidential information, and in some cases proprietary information, and the disclosure of such information by CONSULTANT to any tlurd 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 s win menmenu\Cpmcu�LBap &c Blt 0.Memp rsaaa Page 7 of 10 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 tlus 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 parry to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansmg 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 ARTICLE 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 this Agreement, the parties agree that Les A Jeske ("Jeske") shall serve as the Project Manager of CONSULTANT respecting this engagement This Agreement has S Wm McuwcaWCnwcul4NPTTL P 9&�p(l 0111 PSAtl Page 8 of 10 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 sewing 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 carried 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 bac( ground information famished 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 has executed this Agreempirt by and through its duly-authonzed undersigned officer, on this the day of Y1124y2000 "CITY" CITY OF DENTON, TEXAS r By i ael W ez, Ci an er ATTEST JENNIFER WALTERS, CITY SECRETARY By Inj 4, 4 )aJ& a--) sw., ena• awm l�mp PS&d., Page 9 of 10 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY B � '� Y ATTEST m Secretary "CONSULTANT" ETTL ENGINEERING & CONSULTANTS, INC A Corporation BY a c- �naua�,tx oy rti aor� r �Pcac seau�cts S Wur OocumwleMgolnouWO�ETTL&�g&C.11 EL 5111 PM Page 10 of 10 MEMBER ruEr".rEIETTL ENGINEERS & CONSULTANTS INC. GEOTECHNICAL a MATERIALS • ENVIRONMENTAL David Dugger Landfill Superintendent City of Denton 901-A Texas St Denton, Tx January 12, 2000 Tyler, Texas RM(CaonFAD) JAN 13 2000 CM AL Dell PROPOSAL HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES CITY OF DENTON LANDFILL (MSW PERMIT NO. 1590A) DENTON (DENTON COUNTY), TEXAS Dear Mr Dugger In accordance with your recent request, ETTL Engineers & Consultants Inc (ETTL) is pleased to submit the following proposal for providing hydrogeological consulting and analytical services at the City of Denton (the City) landfill for a one-year penod commencing October 1, 1999 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 services, where needed Scope of Services As we understand it, the work will consist of conducting quarterly background ground -water monitoring events and reporting in accordance with the existing Texas Natural Resource Conservation Commission- (TNRCC) approved Ground -water 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 services provided Hydrogeological Consulting - includes 1) generation and on -going maintenance of a data base of existing ground -water chemical data (collected as part of the first four background ground -water monitonng events), 2) management and direct supervision of ground -water monitoring events, 3) review of analytical data, 4) preparation of quarterly ground -water momtonng report, 4) preliminary investigation of site -appropriate statistical analysis methods, and 5) correspondence with TNRCC regarding ground -water quality issues The City HOME OFFICE TEXARKANA LONGVIEW 1717 East Erwin Street 210 Beech Street 707 West Cotton Street Tyler, Texas 75702 6398 Texarkana Arkansas 71854 Longview Texas 75604 5505 Office (903) 595.4421 Office (870) 772 0013 Office (903) 758 0402 Lab (9011) 595 6402 Fax (870) 772 0320 Fax (903) 758 8245 Fax (903) 595 6113 SOCIETY MEMBERSHIPS A S T M AC IL TCEL ASCE TSPE AICHE NSPE AICE ACS ACI AGC ExhlHt „A,� Mr David Dugger, City of Denton January 12, 2000 Page 2 will be continually informed of all monitoring results and provided on-gomg 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 TNRCC-approved GWSAP A total of 20 monitoring wells, which comprise the facility (MSW Permit No 1590A) ground -water monitoring system, and 3 monitoring wells, which comprise the former fhedity (MSW Permit No 1590) system, will be gauged, purged, and sampled using dedicated, low -flow pumps and a Well Wizard® mncropurge system All analyses will be performed using EPA -approved methods at ETTL's laboratory located in Tyler, Texas, • SamtasTM for Ground Water - SanitasTM, a statistical analysis software package capable of performing statistical evaluation of ground -water quality data, will be purchased to aid in performing statistical evaluations All services provided will be coordinated and performed under the direct supervision of Mr Les Jeske, Manager of Hydrogeological Services Low -flow 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 minimal delays in completing the scheduled monitoring events The City will be responsible for all costs associated with repairs and on -going maintenance Cost Estimate Based upon the above scope of services and our understanding of the project, we have prepared the attached Cost Estimate winch shows the estimated quantities of work and unit fees It is estimated that the total amount of this contract for October 1, 1999 - September 30, 2000 should not exceed $ 46,215.25 In the event additional services are required beyond those detailed in this contract, such will be performed on a tune 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 quarterly event It will be based upon the actual work performed and the unit prices shown Mr David Dugger, City of Denton January 12, 2000 Page 3 in the attached Probable Cost Estunate If you have any questions after reviewing this proposal, please do not hesitate to contact us We look forward to working with you in this endeavor Very truly yours, ETTL ENGINEERS & CONSULTANTS INC Les A Jeske Manager of Hydrogeological Services Attach Probable Cost Egtunate cc Mike Copeland, City of Denton ACCEPTED AND AUTHORIZED day of by David Dugger, Landfill Superintendent, City of Denton 2000, PROBABLE COST ESTIMATE Hydrogeological Consulting and Analytical Services City of Denton Landfill (MSW Permit No. 1590A) Denton (Denton County), Texas I= 59u1 1 Hydrogeologist (construct ground -water chemistry data base) Est 8 hours @ $80 00/hour $ 64000 2 Sanitas for Ground Water Software License (cost +15%) 1,190 25 SUBTOTAL..... S 1,830.25 3 Hydrogeologist (ground -water chemistry, data base update, and report preparation) Est 8 hours @ $80 00/hour $ 64000 4 CADD Operator (ground -water contour map) Est 2 hours @ $35 00/hour 7000 5 Environmental Technician Est 26 hours @ $30 00/hour 78000 6 Subsistence (lodging and meals) Est 2 days @ $70 00/day 14000 7 Mileage Est 300 miles @ $0 40/mile 12000 8 Turbidity Meter Est 2 days @ $50 00/day 10000 9 VOCs, Metals, and Inorganic Analyses - MSW Permit No 1590A (Table 5-1 Constituents GWSAP,) Est 25 samples (20 wells & 5 QA/QC samples) @ $498 00/sample 12,450 00 - Former MSW Pernut No 1590 (VOCs only) Est 3 samples @ $165 00/sample 49500 QUARTERLY SUBTOTAL... S 14,795.00 ANNUAL TOTAL... ... $ 46,215.25 Page 1 of 2 PROBABLE COST ESTIMATE - CONTINUED Hydrogeological Consulting and Analytical Services City of Denton Landfill (MSW Permit No. 1590A) Denton (Denton County), Texas Note It is strongly recommended that the City purchase an ongoing annual maintenance contract for SamtasTm for Ground Water at a cost of $339 25 per year The cost for this contract would be due 12 months after making the mittal software license purchase The software license will be purchased during the third calender quarter of 2000 Page 2 of 2