1993-131E:\W.DQCS\ORD\EMCON.O
ORDINANCE NO. 7-0
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND EMCON BAKER-SHIFLETT, INC. RELATING
TO THE PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH TESTING
AND OBSERVATION AND PREPARATION OF SOIL AND LINER EVALUATION
REPORTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute an
agreement between the City of Denton and Emcon Baker-Shiflett, Inc.
relating to engineering services associated with testing and
observation and preparation of soil and liner evaluation reports
under the terms and conditions contained with said Agreement, a
copy of which is attached hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds not to exceed Forty Eight Thousand Dollars
($48,000.00) for the services required pursuant to the Agreement.
SECTION III. That this ordinance
immediately upon its passage and approval.
PASSED AND APPROVED this the Ai2t)day
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP ROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
shall become effective
of , 1993.
0 0
BY:v 1 44A e z 'd
DATE: July 20, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER # 35039 - EMCON/BAKER SHIFLETT
RECOMMENDATION: We recommend this purchase order to Emcon/Baker Shiflett be
approved in the amount of $48,000.00.
SUMMARY: This purchase order is for the professional services to perform the Soil
and Liner Evaluations for excavations and liner at the Landfill. These services are
required by the Texas Water Commission. Professional services of this type are
exempt from the bid process.
BACKGROUND: Memorandum from R.E. Nelson, Proposal from Emcon/Baker-
Shiflett, Purchase Order # 35039.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Landfill
Operations.
FISCAL IMPACT: Funds for this service will come from 1992-93 budget account
number #630-024-0803-8502 for Special Services.
pectfully submitted:
000
Lloyd V. Harrell
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
agenda.389
Date: July 20, 1993
PUBLIC UTILITIES BOARD
AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R. E. NELSON, P.E., EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT: CONSIDER ADOPTION OF A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH EMCON BAKER-SHIFLETT
FOR GEOTECHNICAL TESTING AND SOIL LINER EVALUATION
REPORTS (SLER) FOR A THREE ACRE SECTION OF THE DENTON
LANDFILL
RECOMMENDATION:
The Utility staff recommends award of a contract to EMCON
Baker-Shiflett, Inc. in the not-to-exceed amount of $48,000
for preparation of the required SLER's at the Denton Landfill.
The Public Utilities Board recommends approval by an unanimous
vote.
SUMMARY:
EMCON Baker-Shiflett has submitted a proposal to prepare
SLERIs for the remaining unopened area of Denton's landfill
(Area "WII). Compensation is based upon salary cost times a
multiplier, itemized prices for specific tests, and direct
cost in an amount not to exceed $48,000.
The Site Development Plan indicates that Area "WII is scheduled
for development now. This is the last phase of liner con-
struction. The liner construction must be completed and
approved by the Texas Water Commission (TWC) before October 9,
1993. Otherwise, Denton will be required to construct a
double liner and leachate collection system to conform to
Subtitle I'D" requirements. These are estimated to cost
$125,000 for construction plus additional operating cost for
the leachate collection system.
The Community Services staff has been working toward comple-
tion of the final liner sections since last October. In
accordance with the Site Development Plan, the liner has been
constructed in relatively small pieces or sections. Staff
recognized in April that substantial time and money savings
could be realized if the remaining section, Area IIWII, could be
developed as one section instead of four or five.
A5393C/l
CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
July 20, 1993
One key condition is the ability to enter into one agreement
for SLER preparation instead of issuing a purchase order for
each section. The original estimate of SLER preparation was
$86, 000 based upon five wall sections and four floor sections.
Staff opted to negotiate with one firm who has satisfactorily
prepared SLER's for Denton's landfill, and by reducing the
continuous effort to two wall sections and one floor section,
staff has been able to negotiate an agreement not to exceed
$48,000. EMCON Baker-Shiflett has prepared several SLER's at
overall cost equal to or below that of any other firm; they
are well known by the TWC; we have received very few questions
from the TWC about their submittals; they were one of two
finalist for the Denton Solid Waste Master Plan Proposal; they
prepared one of the Preliminary Summary Master Plans; and they
are very familiar with Denton's current conditions and future
planning efforts. The agreement also acknowledges that staff
will make every effort to construct the wall in one section
and possibly save as much as $14,000. Tricky construction and
safety conditions must first be prevailed over in order to
realize any savings.
The Subtitle "D" regulations impose a critical deadline of
October 9, 1993, for development of Area "W". After that
date, new landfills and portions of existing landfills must
include additional requirements. A double liner and a
leachate collection system are two requirements which can be
avoided if the liner is completed, a substantial amount of
waste is deposited and a six inch cover in place before
October 9, 1993. Denton has recently entered into an agree-
ment with HDR Engineering to address Subtitle "D" requirements
which must be implemented for continuous landfill operation
after October 9, 1993.
The double liner is estimated to cost an additional $64,500
and the leachate collection system, $64,500, for a total
additional capital cost savings of $125,000. Denton should
expect to incur the additional cost associated with Subti-
tle "D" if another site were used in lieu of the existing.
However, the optional site might not be in position or have
the foresight to seek such savings. Denton would be subject
to the cost of Subtitle "D", plus owner's markup, plus
additional haul cost if an optional landfill were utilized
AGENCIES AFFECTED:
The citizens of Denton; Denton Municipal Utilities; EMCON
Baker-Shiflett, Inc.; Texas Water Commission
A5393C/2
CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
July 20, 1993
FISCAL IMPACT:
The cost will not exceed $48,000.
Respectfully submitted,
R. E. Nelson
Executive Director of Utilities
Prepared by:
C. E. Anderson, P.E.
Senior Engineer
Approved by:
Bill Angelo
Director of Community Services
Attachments:
Exhibit
Exhibit
Exhibit
Exhibit
I - Resolution
II - Proposal
III - Contract
IV - Financial/Budget Analysis
A5393C/3
STATE OF TEXAS
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT is made and entered by and between the City of
Denton, Texas, a municipal corporation situated in Denton County,
Texas, hereinafter called the "City," acting herein by and through
Lloyd Harrell, its=duly authorized City Manager, and EMCON Baker-
Shiflett, Inc., an independent contractor, acting herein by and
through Thomas D. Baker, its duly authorized Chairman of the Board,
hereinafter called the "Engineer."
W I T N E S S E T H
That for and in consideration of the mutual covenants and
agreements herein contained, the parties hereto do hereby covenant
and agree as follows:
SECTION I - SERVICES OF THE ENGINEER
The City hereby contracts with Engineer as an independent
contractor, and the Engineer hereby agrees to perform, within the
professional standards normally accepted in the State of Texas,
professional services associated with testing and observation and
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preparation of Soil and Liner Evaluation Reports (SLER) as agreed
in writing and included herein as Attachment "A".
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SECTION II - CHARACTER AND EXTENT OF ENGINEER'S SERVICES
The areas requiring SLER's are identified in Attachment "A".
They include approximately 115,000 square feet of floor liner and
860 and 200 feet of wall liner. The floor will be completed first
and then the wall. Only two SLER's are anticipated to cover the
total wall/floor area of Area W.
The tests, testing frequency and observation shall be per all
Texas Water Commission regulations and Liner Quality Control Plan
(SLQCP).
It is understood that this Agreement contemplates the full and
complete engineering services for providing testing documentation
and preparing SLER's including any and all changes necessary to
complete the project as detailed in Attachment "A". Nothing
contained herein shall be construed as authorizing additional fees
for services.
The Engineer acknowledges by the execution of this Agreement
that all contingencies known to the Engineer and City at the date
of this Agreement as may be deemed necessary and proper to complete
the project have been included in the maximum fee estimate.
Engineer agrees that engineering services will be managed and
performed in their Fort Worth Office.
s
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SECTION III - SPECIAL SERVICES OF ENGINEER
3.1 Services Requiring Authorization in Advance.
If authorized in writing by City, Engineer shall furnish or
obtain from others Special Services necessary to complete the
assignments. These services are not included as part of Basic
Services as outlined in SECTION II - CHARACTER AND EXTENT OF
ENGINEER'S SERVICES. These Special Services will be paid for by
City as indicated in Section V.
SECTION IV - CITY RESPONSIBILITIES
Provide all criteria and full information as to City's
requirements and designate a person with authority to act on City's
behalf and all matters concerning the project.
Assist Engineer in obtaining existing studies, reports and
other available data and services of others pertinent to the
project and in obtaining additional reports and data as required.
Upon reasonable notice arrange for access to and make all
provisions for Engineer to enter upon public and private property
as may be required for Engineer to perform services hereunder.
Designate in writing qualified person who will act as City's
representative with respect to the project for the purposes of
transmitting instructions, receiving information, interpreting and
defining City's policies and decisions with respect to Engineer's
services.
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Review all reports, recommendations and other documents and
provide written decisions pertaining thereto within a reasonable
time.
Examine all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented by Engineer, obtain
advice of an attorney, insurance counselor and other consultants as
it deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to
delay the services of Engineer.
Provide such legal, accounting, insurance and other counseling
services to City as may be required for the project.
Bear all costs incident to compliance with this Section.
SECTION V - COMPENSATION TO ENGINEER
The total compensation for all of the project to be performed
by Engineer as described in SECTION II - CHARACTER AND EXTENT OF
ENGINEERS SERVICES hereof shall not exceed $48,000.
Engineer shall be compensated on the basis of Attachment "A„
which is made a part of this Agreement.
The City and the Engineer shall agree on the Scope and
Compensation for the performance of Special Services prior to the
commencement of such Special Services. For Special Services
performed under Section III, the Engineer will be compensated at
the same rates and methods as outlined in this Section V.
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SECTION VI - METHOD OF PAYMENT
The Engineer shall be paid monthly on the basis of statements
prepared from the books and records of account of the Engineer,
such statements to be verified as to accuracy and compliance with
the terms of this Agreement by an officer of the Engineer. Payment
according to statements will be subject to certification by the
Executive Director:of Utilities or his duly authorized representa-
tives that such work has been performed.
The above charges are on the basis of prompt payment of bills
rendered and continuous progress of the work on the project until
completion. If City fails to make any agreed-to payment due to
Engineer for services within sixty (60) days after approval of
Engineer's statement thereof, the amount due Engineer shall include
a charge at the rate of 1.0 percent per month from said sixtieth
day, and, in addition, Engineer may, after giving seven (7) days
written notice to City, suspend services under this Agreement until
Engineer has been paid in full all amounts due for services
actually performed.
Mail monthly invoices to:
The City of Denton
Attention: Charles S. Watkins
Superintendent of Solid Waste
901-A Texas Street
Denton, Texas 76201
Telephone Number 817 566X420
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SECTION VII - TIME SCHEDULE OF ENGINEERING SERVICES
The Engineer shall initiate work prescribed hereunder
immediately upon the execution of this Agreement and upon issuance
by City of a Notice to Proceed. The time period for this Agreement
is ninety (90) calendar days.
SECTION VIII - TERMINATION
The City may terminate this Agreement at any time and for any
cause by notice in writing to the Engineer. Upon receipt of such
notice, the Engineer shall immediately discontinue all services and
work and the placing of all orders or the entering into Contracts
for supplies, assistance, facilities and materials in connection
with the performance of the Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to
this Agreement.
If the City terminates this Agreement under the foregoing
paragraph, the City shall pay the Engineer for services performed
in accordance herewith prior to such termination, less such
payments having been previously made. Such payments shall be based
upon the work completed up to the date of termination of the
Agreement in accordance with the method of compensation prescribed
in Sections V and VI hereof. Engineer shall also be compensated
for all termination-related expenses such as meeting attendance,
document reproduction, transfer of records, etc.
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Upon termination of this Agreement, the Engineer shall provide
the City reproducible copies of all completed or partially
completed engineering documents prepared under this Agreement.
SECTION IX - INSURANCE
Engineer shall maintain statutory worker's compensation
insurance coverage, employer's liability, commercial general
liability, automobile liability, and professional liability
insurance coverage during the period of performance of services
hereunder in the following minimum amounts:
LIMITS OF LIABILITY
A. Workers's Compensation Statutory
Employer's Liability $1,000,000
B. Commercial General Liability
(including Contractual
Liability):
Bodily Injury )
Property Damage )
C. Comprehensive, Automobile
Liability (owned, hired,
and non-owned vehicles):
$1,000,000 combined
single limits for each
occurrence or aggregate
Bodily Injury ) $1,000,000 combined
single limits for each
Property Damage ) occurrence or aggregate
D. Professional Liability $1,000,000 annual
aggregate
At City's request, insurance certificates will be provided by
Engineer to evidence such coverages. Certificate shall contain a
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provision that such insurance cannot be cancelled, without thirty
(30) days prior written notice to City.
SECTION X - LIMITATION OF LIABILITY
Engineer currently maintains and shall endeavor to maintain
professional liability (errors and omissions) insurance in an
amount not less that $1,000,000 aggregate limits during the term of
the Agreement. To the fullest extent permitted by law, City agrees
to limit the liability of Engineer, its officers, shareholders and
employees, for any acts, errors or omissions or breaches of
contract to the proceeds available from applicable insurance, or,
where no insurance is applicable, the lesser of the actual damages
incurred by City or the total sum of $100,000. Failure of City to
give written notice to Engineer of any claim of negligent act,
error or omission within one (1) year of performance shall
constitute a waiver of such claim by City.
SECTION XI - INDEMNIFICATION
Subject to the limitation of liability above and the second
sentence hereof, each party shall indemnify the other from loss,
cost, damage or expense (including attorneys' fees), arising out of
the negligence of the indemnifying party to the extent that such
=s -
loss, cost, damage or expense is caused by the negligence of the
indemnitor. In addition, City agrees to indemnify and hold
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Engineer harmless from any loss, cost, damage, expense (including
attorneys' fees) or liability, arising out of or in connection with
Engineer's performance for any existing environmental pollution or
contamination except to the extent such pollution or contamination
is newly caused or created by the active negligence or willful
misconduct of Engineer.
SECTION XII - NO THIRD PARTY BENEFICIARIES
There are no third party beneficiaries of this Agreement
between City and Engineer and no third party shall be entitled to
rely upon any work performed or reports prepared by Engineer
hereunder for the purpose whatsoever. City shall indemnify and
hold Engineer harmless against any liability to any third party for
any loss, expenses, or damages arising out of or in connection with
reliance by any such third party on any work performed or report
issued by Engineer hereunder.
SECTION XIII - SAMPLING
Most test samples or specimens are consumed or substantially
altered during the conducting of tests by the Engineer, and, at
Engineer's sole discretion, will dispose (subject to the following)
of any remaining residue immediately upon completion of tests:
1. Engineer will maintain preservable test samples and
specimens or the residue therefrom for 30 days after
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submission of Engineer's report free of storage charges.
After the initial thirty (30) days and upon written
request, Engineer will retain test specimens or samples
for a mutually acceptable storage charge and stated
period of time. City agrees that it will not hold
Engineer responsible or liable for any loss of test
specimenb or samples retained in storage.
2. In the event that samples contain substances or constitu-
ents hazardous or detrimental to health, safety, or the
environment as defined by federal, state or local
statutes, regulations or ordinances, Engineer will, after
completion of testing and at City's expense: (i) return
such samples to City, or (ii) using a manifest signed by
City as generator, will have such samples transported to
a location selected by city as generator, will have such
samples transported to a location selected by City for
final disposal.
City agrees to pay all costs associated with the storage,
transport, and disposal of hazardous samples. City recognizes and
agrees that Engineer is acting as a bailee and at no time does
Engineer assume title to said waste.
All laboratory and field equipment contaminated in performing
these engineering services which cannot be reasonably decontaminat-
ed, in the sole opinion of the City, shall become the property and
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responsibility of City. All such equipment shall be delivered to
City or disposed of in a manner similar to that indicated in the
previous paragraph. City agrees to pay fair market value of any
such equipment which, in the City's sole opinion, cannot be
reasonably decontaminated.
SECTION XIV - INDEMNITY PERTAINING TO HAZARDOUS MATERIALS
City acknowledges Engineer will perform part of the work at
City's facilities that may contain hazardous materials, including
petroleum products, or conditions, and the Engineer had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give
rise to claims by third parties or employees of City, agrees
insofar as permitted by law, to indemnify Engineer from any and all
losses, damages, claims, or actions brought by third party or
employees of City against Engineer or Engineer's employees, agents,
officers, or directors, in any way arising out of the presence of
hazardous materials or conditions at City's facilities, except for
claims shown by final judgment to arise out of the sole negligence
of Engineer. The City shall defend at its own expense any suits or
other proceedings brought against the Engineer and its officers,
agents, servants, and employees or any of them on account thereof.
In connection with hazardous waste, including petroleum
products, City agrees to the maximum extent permitted by law to
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defend, hold harmless and indemnify Engineer from and against any
and all claims and liabilities resulting from:
(a) City's violation of any federal, state or local statute,
regulation or ordinance relating to the disposal of
hazardous substances or constituents;
(b) City's undertaking of arrangement for the handling,
removal,-treatment, storage, transportation or disposal
of hazardous substances or constituents found or identi-
fied at the site;
(c) Changed conditions or hazardous substances or constit-
uents introduced at the City by City or third persons
before or after the completion of services herein.
(d) Allegations that Engineer is a handler, generator,
operator, treater or Storer, transporter, or disposer
under the Resource Conservation and Recovery Act of 1976,
as amended, or any other similar federal, state or local
regulation or law.
SECTION XV - RIGHT TO AUDIT
Engineer agrees that the City shall, until the expiration of
three (3) years after final payment under this Agreement, have
access to and the right to examine any directly pertinent books,
-r
documents, papers and records of the Engineer involving transac-
tions relating to this Agreement. Engineer agrees that the City
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shall have access during normal working hours to all necessary
Engineer facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the
provisions of this section. The City shall give Engineer reason-
able advance notice of intended audits.
SECTION XVI - SUCCESSORS AND ASSIGNS
The City and the Engineer each bind themselves, their
successors and assigns, to the other party to this Agreement and to
the successors and assigns of each other party in respect to all
covenants of this Agreement.
SECTION XVII - ASSIGNMENT
Neither party hereto shall assign, sublet or transfer its
interest herein without prior written consent of the other party,
and any attempted assignment, sublease or transfer of all or any
part hereof without such prior written consent shall be void.
SECTION XVIII - INDEPENDENT CONTRACTOR
Engineer shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant or
employee of the City. Engineer shall have exclusive control of,
t
and the exclusive right to control, the details of the work
performed hereunder, and all persons performing same, and shall be
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solely responsible for
the acts and omissions
of its officers,
agents, and employees.
Nothing herein shall
be
construed
as
creating a partnership or joint venture between
the
City and
the
Engineer, its officers,
agents and employees,
and
doctrine
of
respondent superior has
no application as between
the
City and
the
Engineer.
SECTION XIX - VENUE
Venue of any suit or cause of action under this Agreement
shall lie in Denton County, Texas.
IN TESTI ONY HEREOF the parties have executed the Agreement,
this day of , 19%m .
CITY OF DENTON, TEXAS
City Manager
CITY OF DENTON, TEXAS
c
Bill Angelo
Director, C unity Services
EMCON Baker-Shiflett
v
Thomas D. Baker, P.E.
Chairman of the Board
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ATTACHMENT A
1. BASIC SERVICES
Field and Laboratory Testing
Floor Liner
The floor liner covers approximately 115,000 square feet. Based on conversations
with City of Denton personnel, the floor liner will be constructed monolithically,
with 8-inch lifts. Each lift will be completed prior to starting the next lift. This
construction sequence will require six site visits by the field technician and four
visits by the Geotechnical Quality Control Professional (GQCP). We have
estimated eight hours per visit for the field technician and four to five hours per
visit for the GQCP. Laboratory testing is estimated to consist of three
permeability tests, ten Atterberg Limit tests, ten minus 200 sieve tests and one
standard Proctor.
Wall Liners
One of the wall liners will be approximately 860 feet in length with an average
height of 21.5 feet. During discussions regarding the construction sequence, the
City of Denton stated that every effort will be made to construct the wall liner as
a monolithic unit, i.e., each 2-foot test interval will be constructed and tested for
the entire 860 feet of length prior to starting the next lift. However, due to
physical constraints at the site, the wall may have to be constructed as two
monolithic units. For estimating purposes it is assumed that the liner will be
constructed as two units. If it is constructed as one unit, a cost savings will be
realized by the client.
We have estimated 24 site visits by the field technician at 9 hours per visit. For
the GQCP, we estimate 14 site visits at four to five hours per visit. The
laboratory testing is estimated at 22 permeability tests, 44 Atterberg limits, and
44 minus 200 sieve tests.
The other wall liner is approximately 200 feet long with an average height of 22
feet. This wall required ten site visits by tbe.field technician and three visits by
the GQCP. Laboratory testing includes 11 permeability tests, 11 Atterberg Limits,
11 minus 200 sieve tests and 1 standard Proctor with remolded permeability. This
section of wall liner will be reported with one of the two sections of wall liner
discussed in the previous paragraphs.
The number of field technician and GQCP hours, and the number of laboratory
tests were estimated based on information provided by the City of Denton. The
FW/176/SLERCON.630-93/dsf.3 Rev. 0, 07/07193
P-93-05-021 1
actual number of hours and tests may need to be greater, depending on actual
conditions encountered in the field, soil variability, construction sequence, and
other factors beyond the control of EMCON Baker-Shiflett, Inc. (EBS).
Report Preparation
Three Soil and Liner Evaluation Reports (SLERs) are proposed, one for the floor
and two for the walls. The three reports will summarize test results and data
required in accordance with the SLQCP for the site. Five copies of each SLER
will be submitted as soon as practical after completion of construction to Mr.
Charles Watkins, (or his signature and distribution. A minimum of three copies
of the SLER are required for the Texas Water Commission (TWC).
Schedule
The SLER is anticipated to be ready for transmittal to the City of Denton within
two to three weeks of completing liner construction. Site survey data, furnished
by the City of Denton, is needed within one week following completion of the
liner.
2. SPECIAL SERVICES
The following services are not included in Basic Services and will be considered
as Special Services if required or requested:
• Additional meetings or trips to the site other than those described in
Basic Services. These may include site visits due to unacceptable liner
test results, changed regulations, unanticipated soil conditions, or
coordination with regulatory agencies.
• Revisions to the report as a result of changes made by the City, TWC,
or changed regulations.
• The services of specialty subconsultants or other special outside services
other than those described in Basic Services.
• Additional or increased insurance"verage (if available) other than that
described in the AGREEMENT.
• Any costs, including equipment replacement, where applicable,
associated with decontamination of personnel or equipment as a result of
encountering hazardous or toxic materials at this site.
FW/176/SLFRCON.630-93/dsf.3 Rev. 0, 07/07/93
P-93-05-021 2
• Sales or use taxed imposed and due on the professional services
described in the Scope of Services after the date of this proposal.
• Any other services not specifically included in Basic Services.
3. PROJECT TEAM
EBS will provide an experienced project team to conduct the quality assurance,
testing, and reporting. Field technicians will have a minimum of two years
experience and a degree in geology or a NICET Level II Certification (National
Institute for Certification in Engineering Technologies). The Geotechnical Quality
Control Professional will be a registered professional engineer in the state of
Texas.
The proposed project team is presented below
• Site Field Representatives
Ron Rounsaville
Mauro Canizalez
David Nicholson
Glenn Heath
Tommy Thompson
Roger Moseley
• Laboratory Testing and Analysis
Mark Lankford, Laboratory Supervisor
• Professional Staff
David R. Friels, P.E., Project Manager
Wm. Ray Campbell, Jr., P.E., Project Engineer
Donald D. James, C.P.G., Project Geologist
Thomas D. Baker, P.E., Senior Engineer
Roy Grant, S.E.T., Quality Review of Field/Laboratory Testing
4. PAYMENTS TO ENGINEER
Payment Terms Defined
Direct Labor Cost
Direct Labor Cost shall mean salary and wages at the time services are performed
of all personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, scientists, surveyors, designers, draftsmen, specification
Fw/176/$LFRCON.630-93/dsf..3 Rev. 0, 07107/93
P-93-05-021 3
writers, estimators, steno, clerical, accounting, and other technical and business
personnel but does not include indirect payroll-related costs or fringe benefits.
Payroll Cost
Payroll Cost shall mean the salary and wages at the time services are performed
of all personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, scientists, surveyors, designers, draftsmen, specification
writers, estimators, steno, clerical, accounting and other technical and business
personnel, plus the cost of customary and statutory benefits including, but not
limited to , social security contributions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits, sick leave, vacation,
holiday pay and other group employee benefits. For the purposes of this
Agreement, the Payroll Cost is equal to Direct Labor Costs, multiplied by a
factor of 1.35.
Per Diem
Per Diem shall mean an hourly rate equal to Direct Labor Cost times an
Overhead Multiplier of one and seven tenths (1.7) plus Payroll Cost to be paid
to ENGINEER as total compensation for each hour an employee of ENGINEER
works on the PROJECT. Reimbursable Expenses will be paid in addition to
ENGINEER'S Per Diem compensation.
Overhead Multiplier
Overhead Multiplier shall mean a factor by which the Direct Labor Cost is
multiplied to compensate for general and administrative overhead. When the basis
of compensation is Per Diem, the Overhead Multiplier includes profit.
Reimbursable Expgnsec_
Reimbursable Expenses shall mean the actual expenses incurred directly or
indirectly in connection with the PROJECT, including, but not limited to
Subconsultant or Subcontractor costs times a multiplier of one and one tenth
(1.1), transportation and subsistence incidental thereto, toll telephone calls,
express mail and telegrams, courier services, reproduction of reports, drawings,
specifications,bidding documents, and similar. PROJECT-related items in addition
to those required under SECTION I, and, if authorized in advance by the
OWNER, overtime work requiring higher than regular rates. In addition,
Reimbursable Expenses will also include expenses incurred for computer time and
other highly specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production techniques.
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Laboratory Tests
Laboratory tests will be charged at the unit rates provided on the unit cost
estimate sheets provided herein.
5. OTHER PROVISIONS CONCERNING PAYMENTS
If OWNER fails to make any payment due ENGINEER for services and expenses
within 45 days after receipt of ENGINEER's statement, the amounts due
ENGINEER will lje increased at the rate of 1 percent per month from date of
invoice, and in addition, ENGINEER may, after giving seven days' written notice
to OWNER, suspend services under this Agreement until ENGINEER has been
paid in full all amounts due for services, expenses and charges.
If the PROJECT is suspended or abandoned in whole or in part for more than 30
days, ENGINEER shall be compensated for all services performed prior to
receipt of written notice from the OWNER of such suspension or abandonment,
together with Reimbursable Expenses then due. If the PROJECT is resumed after
being suspended for more than 30 days, ENGINEER's compensation shall be
equitably adjusted.
Services performed by ENGINEER at request of OWNER during periods when
the PROJECT is suspended shall be considered Additional Services.
The OWNER's approval, acceptance, use of or payment for all of any part of the
ENGINEER's services hereunder or of the PROJECT itself shall in no way alter
the ENGINEER's obligation or the OWNER's rights hereunder.
OWNER may temporarily delete any disputed items contained in Engineer's
invoice, including items disputed due to lack of supporting documentation, and
pay the remaining amount of the invoice. OWNER shall promptly notify
ENGINEER of the dispute and request clarification and/or remedial action. After
any dispute has been settled, ENGINEER shall include the disputed item on a
subsequent regularly scheduled invoice or on a special invoice for the disputed
item only.
In the event of termination of this Agreemeat by either OWNER or ENGINEER,
as provided in SECTION VIII, ENGINEER shall be entitle to payment for
Services up to the time of termination, plus termination expenses. Termination
expenses shall include labor, reimbursable expenses directly attributed to
termination, and direct expenses associated with mobilization and demobilization
of ENGINEER's personnel and facilities and any other costs incurred by Engineer
not otherwise reimbursed.
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The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts
tax that may be imposed on this Agreement shall be added to the ENGINEER's
compensation as reimbursable expenses.
ENGINEER will keep, and will cause each subcontract design professional and
consultant engaged under this contract to keep, accurate books of record and
account, in accordance with sound accounting principles, of all expenditures made
and all costs, liabilities and obligations incurred under this contract in relation to
the engagement and payment of all subcontract design professionals and
consultants, and in relation to any services performed for which additional
compensation will be claimed. Those mentioned accounts shall be available, upon
reasonable and authorized request, to the comptroller of the OWNER or their
representatives for examination and audit.
Records of ENGINEER's Payroll Costs and Reimbursable Expenses pertinent to
ENGINEER's compensation for Additional Services under this Agreement will
be kept in accordance with generally accepted accounting principles. Upon
request, copies will be made available to OWNER prior to final payment for
ENGINEER's services.
Whenever a factor is applied to Direct Labor Costs for determining compensation
payable to ENGINEER, that factor will be adjusted periodically and equitably to
reflect changes in the various elements that comprise such factor. All such
adjustments will be in accordance with generally acceptable accounting principles
as applied on a consistent basis by ENGINEER and consistent with ENGINEER's
overall compensation practices and procedures.
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