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1992-019ALLOO11B ORDINANCE NO ~ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RONE ENGINEERS, INC FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO EARTH ELECTRICAL RESISTIVITY SURVEY AT THE DENTON SANITARY LANDFILL, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING THE EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the Mayor is authorized to execute an agreement between the city of Denton and Rone Engineers, Inc of Dallas for professional engineering services relating to the Earth Electrical Resistivity Survey at the Denton Sanitary Landfill, under the te~s and conditions contained in said agreement, which IS attached hereto and made a part hereof SO_S_S_S_S_S_S_S_S_~~ That the city Council hereby authorized the expendxture of funds in the manner and amount as speclfxed in the agreement ~ That this ordlnance shall become effective l~ediately upon its passage and approval 1992 P~SSED AND APPROVED this the~_~__ day of ~, ATTEST. BOB CASTLEBE~Y, MAYOR/ ~ APPROVED AS TO LEGAL FOEM DEB~ A D~YOVITCH, CITY ATTO~EY DATE January 21, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT PURCHASE ORDER #21937 RONE ENGINEERS RECOMMENDATION We recommend purchase order #21937 to Rone Engineers be approved in the amount of $12,540 00 SUMMARY This purchase order is for the performance of an annual Earth Electrical Resistivity Survey (EEES) at the City of Denton Landfill This test is required by the Texas Department of Health The purpose is to identify and locate the possible existence of leachate migration at the Denton Sanitary Landfill Rone Engineers has performed similar studies for other area landfills as well as the City of Denton in the past The performance of this study by Rone Engineers is a professional service and exempt from the bidding process as defined by the laws of the State of Texas BACKGROUND Purchase Order #21937, Contract from Rone Engineers, Letter of Qualification from Rone Engineers PROGRAM~ DEPARTMENT OR GROUPS AFFECTED City of Denton Sanitary Landfill, Solid Waste Division Denton Municipal Utilities FISCAL IMPACT Funds for this (EEES) study wall come from 1991-92 budget funds account # 630-024-0803-8502 Special Services City Manager Name Tom D Shaw, C P Title Purchasing Agent TS/ih 220 DOC Rone Engineers Inc Metro 214,283 1555 RoneEngineers 11234 Goodnlght Lane Tel 214/241 4517 ~l~ Dallas Texas 75229 Fax 214/241 5174 Dallas/Fort Worth/Houston 800/243 8494 December 31 1991 City of Denton Department of Public Works 215 E McKInney Street Denton Texas 76201 A'I-rN Mr Charles Watklns RE QUALIFICATIONS AND EXPERIENCE ELECTRICAL EARTH RESISTIVITY SURVEY CITY OF DENTON SANITARY LANDFILL DENTON, TEXAS Dear Mr Watkins The purpose of this letter Is to Identify Rone Engineers Inc s experience in performing Interpreting and analyzing electrical earth resistivity surveys (EERS) with relationship to landfills The writer and Rone Engineers Inc have been performing EERS programs since 1982 We were the forerunners of coordination of EERS programs with Texas Department of Health Division of Solid Waste Management personnel who at that time consisted predominantly In the review process of Mr Bill Price and Mr Chet Safe Rone Engineers Inc has performed resistivity surveys at landfills operated by the City of Weetherford in Weatherford Texas Camelot Landfill for the City of Farmers Branch in Hebron Texas and for the C~ty of Denton at the Denton Sanitary Landfill Rone Engineers, Inc has performed s~x surveys at the Denton Landfill since 1986 and our EERS reports have been accepted by the Health Department in all cases We own operate and manage our own EERS equipment which consists of a Bison Model 2350 electrical earth resistivity meter with associated ancillary equipment Th~s equipment is that recommended by the Texas Department of Health and has been utilized for the last ten years for resistivity studies Rone Engineers Inc is uniquely qualified to perform the EERS program at the Denton Landfill due to our expenence with previous similar studies and particularl~ our experience and knowledge at the spec~hc Denton Landfill site We would be pleased to further discuss any details of our experience and knowledge at doing this work at your convenience Thank you for considering Rone Engineers Inc to perform these studies Please contact us should questions arise on information contained herein Vice President CMJ/ksf Geotechnlcal Consultants Geosc~ences/Env~ronrnental Construction Materials Test~hy Rone Engineers, Ino Metro 214,283 1555 RoneEngineers 11234 GoodnJght Lane Tel 214/241 4517 ~l~ Dallas Texas 75229 Fax 2141241 5174 Dallas/Fort Worth/Houston 800/243 8494 February 18, 1991 Proposal 12 18 GD C~ty of Denton Department of Public Works 215 East McKinney Denton Texas 76201 Attn Mr Charles S Watklns PROPOSAL FOR SI-RVI(,ES EARTH ELECTRICAL RESISTIVITY SURVEY DENTON SANITARY LANDFILL DENTON, TEXAS Gentlemen GENERAL Rone Engineers Inc is pleased to submit the following proposal to conduct the annual earth electrical res[stiwty survey (EERS) as required by the Texas Department of Health PURPOSES AND SCOPE OF STUDY The purposes of this earth electrical resistivity survey are to identify and locate the possible existence of leachate migrat~on at the Denton Sanitary Landhll and to provide reformation for comparison w~th prewous and future surveys To accomplish the ~ntended purposes the study shall include the following * Conduct a field resistivity survey utilizing both sounding and prohllng techniques * Reduce and analyze held data by d~rect plot Barnes Layer Method Moores Cumulative Method and Apparent Resistivity * Interpret the data based on comparison with prewousiy conducted basehne resistivity surveys and geotechnical information * Prepare a report including alt above items and submit three (3) copies to the City of Denton Geotechnlcal Consultants Geosclences/Envlronmental Construction Materials TestlhB C~ty of Denton Department of Pubhc Works Proposat 12 18 GD February 18 1991 Page 2 FIELD INVESTIGATION General Apparent resist~vity data w~ll be obtained in the field utilizing a Bison Model 2350 Earth Reslstlwty Meter Electrode arrangement w~ll use the Wenner or Price Array of four probes at equal spacing centered over the specific survey point Evaluation w~ll be made using both sounding and profihng techmques Prohlmg measures lateral changes In the apparent res~st~wty The electrode separation remains constant while the entire electrode configuration is moved from station to station The A spacing used in the prohle surveys for thl,~ mve,.,tigation will be 18 and 36 feet for all prohl~ng stations Sounding measures the apparent resistivity change w~th depth Again using the Wenner or Price Array the A spacing ~s increased from a center point at a set interval As the electrode spacing ~s ~ncraased the depth of penetration increases At each sounding location an imtial A spacing of three feet w~l be used Th~s spacing then w~ll increase in three foot Increments The apparent res~st~wty will be measured at each successive interval to a final spacing of 36 feet Field procedures will be performed In general accordance w~th Texas Department of Health D~v~s~on of Sohd Waste Management Gu[dellnes for Conducting and Reporting Earth Electrical Res~st~wty Surveys Techmcal Guide updated May 1985 and the October 23 1991 letter from TDH to the City of Denton ENGINEERING SERVICES The eng[neenng report w~ll present the results of the field and laboratory data together w~th our analyses of the results and recommendatlons We w~ll prowde three cop[es of the report The report will address (1) general so~l and groundwater conditions (2) comparison of prewous profile survey results to the results of the current survey (3) generation of several baseline sounding results around the perimeter of the landfill and (4) analysis and interpretation of all data derived from the survey Items other than those specified above which are revealed by these studies or ara necessitated by a change ~n project scope may requ~ra rewsed field and engmeenng services These services w~ll be discussed and negotiated on an ind~wdual basis ANTICIPATED COSTS FOR SERVICES AND SCHEDULE Services will be performed In accordance w~th the attached schedule of fees Based on the anticipated quantity of work and the attached schedule the total cost of this ~nvestigat~on should be on the order of $11 000 00 to $13 000 00 For budget purposes a maximum cost of $13 000 00 is recommended This cost w[ll not be exceeded w~thout prior authorization Rone City of Denton Department of Public Works Proposal 12 18 GD February 18 1991 Page 3 The estimated costs shown in this proposal are based on the anticipated soil conditions The final ~nvoice will be based on the specific quantities drilled and tested If unantm~pated conditions are encountered during the survey we will not~fy you accordingly We w~ll initiate these studies w~thln 7 days of receipt of not~ce to proceed and antic~pate that 4 to 5 working days w~ll be required to complete the field Investigation You w~ll receive the hnal report approximately three to four weeks following the completion of the held phase Thank you for the opportunity to present this proposal Please read carefully the attached Terms for Geotechnical Engineering Services Sign and return one copy as your authorization to proceed Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed work scope We look forward to working w~th you on the project if any questions ar~se please call Charles M Jackson,.,,,P E V~ce President En~ineer~ng CMJ/ksf Cop~es submitted (2) Rone C~ty of Denton Department of Public Works Proposal 12 18 GD February 18 1991 Page 4 COST ESTIMATE EARTH ELECTRICAL RESISTIVITY SURVEY DENTON SANITARY LANDFILL DENTON, TEXAS FIELD INVESTIGATION 30 Hours 2 man Crew @ $100 00/hour $ 3 000 00 6 Hours Principal Engineer @ $90 00/hr 540 00 30 Hours, Staff Engineer (as required by the State) @ $55 00/hour 1.650 00 Subtotal F~eld Investigation $5 19000 ENGINEERING SERVICES Eng~neenng Supervision Analysis and Report Preparation 6 Hours Senior Principal Engineer @ $90 00/hour $ 540 00 120 Hours Staff Engineer or Engineering Geologist @ $55 00/hour 6 600 00 7 Hours Drafting and Secretarial Support @ $30 00/hour 210 00 Subtotal Engineering Services $7350 00 TOTAL ESTIMATE $12,540 00 Based on this schedute the total cost of this investigation Is estimated to be $11 000 00 to $13 000 00 Unit prices shown are applicable through December 1992 Rone Engineers Inc reserves the right to modify quantities of above ~tems including engineenng services to account for specific conditions encountered ~n the field Modifications may necessitate variations ~n portions of the recommended budget However the upper hm~t estimate w~ll not be exceeded w~thout prior authonzatton Rone TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT Th~s AGREEMENT IS made by and between RONE ENGINEERS iNC hereinafter referred to ae GEOTECHNICAL ENGINEER and CITY OF DENTON DEPARTMENT OF PUBLIC WORKS hereinafter referred to as CLIENT The AGREEMENT between the parties consists of these TERMS the attached PROPOSAL identified as Proposal No 12 18 GD dated December 11 1991 and any exhibits or attachments noted in the PROPOSAL Together these elements w~il constitute the entire AGREEMENT superseding any and all prior negotiations correspondence or agreements either written or oral Any changes to this AGREEMENT mast be mutually agreed to in writing STANOARD OF CARE CLIENT recognizes that subsurfaco conditions may vary from those observed at locations where borings surveys or explorations are made and that site conditions may change with time Data interpretations and recommendations by GEOTECHNICAL ENGINEER w~ll be based solely on reformation available to GEOTECHNICAL ENGINEER GEOTECHNICAL ENGINEER is responsible for those data interpretations and recommendations but wilt not be responsible for other parties interpreter*one or use of the information developed Services preformed by GEOTECHNICAL ENGINEER under th~s AGREEMENT are expected by CLIENT to be conducted ~n a manner consistent w~th the level of care and skill ordinarily exercised by members of the geotechnlcol engmeenng profession practicing contemporaneously under similar conditions in the locality of the project Under no c~roumstance is any warranty expressed or imphed made m connection with the providing of gectechnioal engineering cervices SiTE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth In th~s AGREEMENT CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site GEOTECHNICAL ENGINEER w~ll take reasonable precautions to minimize damage to the site but ~t is understood by CLIENT that m the normal course of work some damage may occur and the correction of such damage is not part of this AGREEMENT ur~leee so specified in the PROPOSAL CLIENT is responsible for accurately delineahng the locations of ali subterranean structures and utiht~es GEOTECHNICAL ENGINEER w~ll take reasonable precautions to avoid known subterranean structures and CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from damage done to subterranean structures and utilities not identified or accurately located SAMPLE DISPOSAL GEOTECHNICAL ENGINEER will retain samples transported to the geotechmcal laboratory for testing for a per~od of thirty (30) days following submission of the report covering those samples Further storage or transfer of samples can be made at CLIENT S expense upon CLIENT S prior written request MONITORING If GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of monitoring specific port~ons of construction work or other field activities as set forth m the PROPOSAL then this phrase apphes For the specified assignment GEOTECHNICAL ENGINEER will report observations and professional op~mons to CLIENT No action of GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEERS site representative can be construed as Altering any AGREEMENT between CLIENT and others GEOTECHNICAL ENGINEER will report to CLIENT any observed geotechnlcally related work which in GEOTECHNICAL ENGINEERS professional opinion does not conform wdh plans and specifications The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLiENT SuohrlghtsarereesrvedeolelyforCLIENT Furthermore GEOTECHNICAL ENGINEERS presence on slte does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to prowde field or construction related services GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means methods techniques sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT or safety precautions end programs Inmdent thereto Terms Page 1 of 3 BILLING AND PAYMENT CLIENT w~ll pay GEOTECHNICAL ENGINEER in accordance w~th the procedures ~nd~cated ~n the PROPOSAL and Its attachments Invomes w~ll be submitted to CLIENT by GEOTECHNICAL ENGINEER and w~ll be due and payable upon presentahon ff CLIENT objects to al~ or any porhon of any Invo~ce CLIENT w~ll so notify GEOTECHNICAL ENGINEER In wr~bng w~thln fourteen (14) caisnda¢ days of the Invome date ~denhfy the cause of disagreement and pay when due that portion of the invoice not in d~spute In the absence of written nohficat~on deserlbed above the amount as stated on the invoice will be paid Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice At the optmn of the GEOTECHNICAL ENGINEER CLIENT will pay an additional charge of one and-one half (1 $) percent per month (or the maximum percentage allowed by law whichever ~s lower) on any delinquent amount except for any portion of the invoiced amount in dispute and rseotved ~n favor of CLIENT D~sputed amou~lts withheld by the CLIENT which are subsequently resolved in favor of the GEOTECHNICAL ENGINEER wlli carry the add~honal charge as described above effective thirty (30) days from the date of the or~gina~ Invoice in the event CLIENT fa~ls to pay GEOTECHN~CAL ENGINEER within sixty (60) days after Invoices are rendered CLIENT agrees that GEOTECHNICAL ENGINEER w~ll have the r~ght to consider the failure to pay the GEOTECHNICAL ENGINEERs Invome as a breach of th~s AGREEMENT TERMINATION Th~s AGREEMENT may be terminated by either party seven (7) days after written not,ce m the event of any breach of any prowsmn of this AGREEMENT or in the event of substantial failure of performance by the other party or if CLIENT suspends the work for more than three (3) months In the event of terminahon GEOTECHNICAL ENGINEER w~ll be prod for services performed prior to the date of term~nahon p~us reasonable terminatmn expenses Including but not limited to the cost of completing analyses records and reports necessary to document job status at the t~me of termlnatmn RISK ALLOCATION Many risks potentially affect GEOTECHNICAL ENGINEER by wrtue of entering ~nto thru AGREEMENT to perform professional engineering serwces on behalf of CLIENT The principal r~sk is the potenhal for human error by GEOTECHNICAL ENGINEER For CLIENT to obtain the beneht of a fee which includes a nominal allowance for dealing w~th GEOTECHNICAL ENGINEERS hab~hty CLIENT agrees to hm~t GEOTECHNICAL ENGINEER S hab~hty to CLIENT and to all other parties for claims arising out of GEOTECHNICAL ENGINEER S pertormance of the services described in th~s AGREEMENT The aggregate hab~hty of GEOTECHN[CAL ENGINEER w~ll not exceed the amount of the GEOTECHNICAL ENGINEERS fee for negligent professional acts errors or crams[one L~m~tat~ons on Ilab~hty and indemnities in this AGREEMENT ars bus,ness understandings between the part,es voluntarily and knowingly entered ~nto and shall apply to all theories of recovery Including but not hm~ted to breach of contract warranty tort (including negligence) strmt or statutory hablllty or any other cause of action except for willful m~sconduct or gross negligence The parties aisc agree that CLIENT w~ll not seek damages ~n excess of the limitations ~ndirectly through su~ts with other parhes who may jo~n GEOTECHNICAL ENGINEER as a third party defendant Parhes means CLIENT and GEOTECHNiCAL ENGINEER and their officers employees agents afl[hates and subcontractors Both CLIENT and GEOTECHNICAL ENGINEER agree that they w~ll not be hable to each other under any c~rcumstances for special ~nd~rsct consequenhal or punlhve damages arising out of or re~ated to th~s AGREEMENT DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate ~f hazardous materials are on or near the prolect s~te and that CLIENT has ~nformed GEOTECHNICAL ENGINEER of CLIENT s findings relatwe to the pces[ble presence of such materials Hazardous materials may exist at a s~te where there ~s no reason to behave they could or should be present GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renagot~at~on of the scope of work 0r termination of services GEOTECHNICALENGiNEERandCLIENTaiseagreethatthedmc°very°funant~c~patedhazard°us materials may make it necessary for GEOTECHNICAL ENGINEER to tal<e ~mmed~ate measures to pr°tact health and safety CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs ~nc~dent to the d~scovery of unantm~pated hazardous materials GEOTECHNICAL ENGINEER agrees to notify CLIENT when unantm~pated hazardous materials or suspected hazardous materials are encountered CLIENT agrees to make any d~sclosures required by law to the appropriate governing agencies CLIENT also agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of d~sclosures made by GEOTECHN~CAL ENGINEER which are required by governing law In the event the project site ~s not owned by CLIENT CLIENT recogmzes that it ~s CLIENTS respons~b~hty to reform the Terms Page 2of 3 property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials Nctw~thstandlng any other provision of the AGREEMENT CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from GEOTECHNICAL ENGINEERS discovery of unanticipated hazardous materials or suspected hazardous materials including but not limited to any costs created by delay of the project and any cost Associated with possible reduction of the propertys value CLIENT will be responsible for ultimate disposal of any samples secured by GEOTECHNICAL ENGINEER which are found to be contaminated This includes any soil or rock cuttings and contaminated drilling or wash water which Is generated as a consequence of dnliing activltree DISPUTES RESOLUTION All claims d~sputes and other matters in controversy between GEOTECHNICAL ENGINEER and CLIENT arising out of or ~n any way related to this AGREEMENT will be submitted to alternative dispute resolution (ADR) before and as e condition precedent to other remedies provided by law If end to the extent CLIENT and GEOTECHNICAL ENGINEER have agreed on methods for reeolwng such disputes then such methods will be set forth in the AJternative Dispute F~soluflon Agreement which if attached is incorporated into and made a part of this AGREEMENT If no specific ADR procedures is set forth in this AGREEMENT then ~t shali be understood that the parties shall submit disputes to mediation as a condition precedent to litigation If a dispute at law anses from matters related to the services prowded under this AGREEMENT and that dispute requires litigation instead of ADR as provided above then (1) the claim will be brought and tried in judicial junsdlCtlOn of the court of the county where GEOTECHNICAL ENGINEERs principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial judsdmtlon And (2) the prevalling party wlll be entitled to recovery of ell reasonable ccsts lncurred including stafftlme court costs attorneys fees and other claim related expenses GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS their interpretation and performance If any of the proweions contained in th~s AGREEMENT are held illegal mvahd or unenforceable the enforoeebd~ty of the remaining prowsmns w~l[ not be impaired Limitations of liability and indemnities wd[ survive termination of this AGREEMENT f°r any cause The parties have read the foregoing understand completely the terms and willingly enter rotc this AGREEMENT which wdl become effechve on the date signed below by CLIENT CLIENT f'\' [,~ -- · · GEOTECHNICAL ENGINEER~..--..~ By / '~',~arles M Jackson P E / / v,o. Pr.s,d.n, Pos~t~on / Pos~t~on Date Date Terms Page 3 of 3