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