1991-045ORDINANCE NO 9/^O75
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORD-
ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, state law and ordinance require that certain contracts
requiring an expenditure or payment by the City in an amount ex-
ceeding $10,000 be by competitive bids, except in the case of pub-
lic calamity where it becomes necessary to act at once to appro-
priate money to relieve the necessity of the citizens, or to pre-
serve the property of the city, or it is necessary to protect the
public health of the citizens of the city, or in case of unforeseen
damage to public property, machinery or equipment, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby determines that there
is a public calamity that makes it necessary to act at once to ap-
propriate money to relieve the necessity of the citizens, or to
preserve the property of the city, or to protect the public health
of the citizens of the city, or to provide for unforseen damage to
public property, machinery or equipment, and by reason thereof, the
following emergency purchases of materials, equipment, supplies or
services, as described in the "Purchase Orders" attached hereto,
are hereby approved
PURCHASE
ORDER NUMBER VENDOR AMOUNT
12204 Rone Engineers $34,569 00
SECTION II That because of such emergency, the City Manager
or designated employee is hereby authorized to purchase the mater-
ials, equipment, supplies or services as described in the attached
Purchase Orders and to make payment therefore in the amounts there-
in stated, such emergency purchases being in accordance with the
provisions of state law exempting such purchases by the City from
the requirements of competitive bids
SECTION III That this ordinance shall become effective im-
mediately upon its passage and approval
PASSED AND APPROVED this the ~~day of
1991
La~~
BOB CASTLEBERRY, MAYO
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
PAGE TWO
DATE MARCH 19,1991
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT PURCHASE ORDER #12246 RONE ENGINEERS
RECOMMENDATION We recommend this Purchase Order to Bone
Engineers in the amount of $34,569 00 be approved
SUMMARY This emergency purchase order is for professional
engineering services to perform field and laboratory test and
prepare a Soil and Liner Evaluation Report for the Denton
Sanitary Landfill Permit#1590 This ongoing testing and
reporting is required by the Texas Department of Health
Rone Engineers Inc will be testing the clay liners on the
eastern boundary of the landfill The liner will consist of
approximately 164,560 sq ft of bottom and two liner walls 20-30
feet in height
This purchase order has been declared an emergency due to the
very tight schedule dictated by Texas Department of Health As
a professional service it is exempt from the bid procedure
BACKGROUND Purchase Order #12446 Proposal from Hone Engineers,
Memorandum from Charlie Watkins dated 3-11-91
PROGRAMED-DEPARTMENT-OR--CROUPS-AFFECTED Solid Waste, Landfill
Operations
ElCCAE-IMPACT This project will
funds for special services
be funded from 1990-91 budget
Account# 620-024-0803-8502
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
Respec ullllyy submitted
v
Lloyd V Harrell
City Manager
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215E McKINNEY / DENTON TEXAS 76201
M E M O R A N D U M
TO Tom Shaw, Purchasing Agent
FROM Charles S Watkins, Superintendent, Solid Waste Division
DATE March 11, 1991
SUBJECT PROPOSAL FOR SOIL AND LINER EVAIUATION TESTING
AND REPORTS FOR TEXAS DEPARTMENT OF HEALTH
CERTIFICATION OF LINERS AT THE LANDFILL
I am enclosing a complete proposal from Rone Engineers for the above-
captioned work at the landfill in conjunction with the large pit which
has been excavated
This is an emergency purchase order because of our need to continue
lining activities which have already begun in relation to the Texas
Department of Health compliance schedule for excavation and lining of
the large area at the landfill
JTZ~y
ar es S at ins
CSW/sc
1W2/030891102
Attachment
xc R E Nelson, Executive Director of Utilities
Bill Angelo, Director of Community Services
817/566 8200 D/FW METRO 434 2529
Rone Engineers, Inc Metro 2141263 1555 RoneEngineers
11234 Goodnight Lane Tel 214/241 4517
Dallas Texas 75229 Fax 214/24 /241 5174
Dallas/Fort Worth/Houston 8001243 8494
March 4 1991
March 5 1991 (revised)
Proposal No 3-02 GD
City of Denton
Department of Public Works
215 East McKinney Street
Attn Mr Charles S Watkins
Gentlemen
REVISED PROPOSAL FOR
PREPARATION OF 1991
SOIL AND LINER EVALUATION REPORTS
DENTON SANITARY LANDFILL
PERMIT NO 1590
DENTON,TEXAS
INTRODUCT16N
Rone Engineers Inc Is pleased to submit this revised proposal for preparing the remaining Soil and Liner
Evaluation Reports for Denton Sanitary Landfill This proposal is a revision of proposal 1 01 GD dated
January 3 1991 and Is based on detailed survey Information submitted by Mr Charles S Watkins February
13 1991 Mr Watkins requested that this proposal contain detailed cost breakdowns of the testing
required to certify the constructed clay liners to the eastern boundary of the landfill and south of Grid Line
F+15 Based on the survey Information submitted by Mr Watkins It Is estimated that constructed bottom
liners of approximately 164 560 square feet and two constructed liner walls of 20 to 30 feet in height will be
constructed
The tentative construction sequence was outlined by Mr John Lobaugh Landfill Supervisor This
construction sequence Is detailed on the attached calculations The total cost estimate for preparation of
the remaining Soil and Liner Evaluation Reports (SLER s) Is based on the construction sequence outlined
by Mr Lobaugh and the survey Information submitted
CONSTRUCTION TESTING
Construction testing will Involve full time on site monitoring of the construction of the compacted clay liner
For the bottom and sidewall liners, a qualified soils technician will perform a minimum of one moisture and
field density tests per eight Inch lift per 10,000 square feet For lined walls one moisture and field density
test will be required per lift per continuous length segment of the wall If the density and/or moisture Is not
within the material specifications (derived in the preconstruction testing) the lined area will be reworked
and recompacted until retesting Indicates compliance Is achieved
The technician also will sample the compacted soil for every type of borrow soil used during construction
and/or at s minimum of twice per lift on the bottom liners and once per lift per length segment of wall liner
Moisture/density locations and sampling locations will be documented using normal taping procedures
(typically by using a grid system) Precise surveying of these locations Is not Included in this estimate
however they may be provided upon request The sampling will be performed by pushing a thin walled
Geotechnical Consultants Geosclences/Environmental Construction Materials Testing
City of Denton
Proposal No 3 02 GD
March 4 1991
March 15 1991 (revised)
Page 2
sampling tube (Shelby tube) into the compacted liner The sampling process will require the use of heavy
equipment and operator to act as a reaction to push the tube Into the liner with a hydraulic jack It is
understood that the construction contractor will provide the heavy equipment and operator for the short
time periods at which samples need to betaken The technician then will moisture seal the sample In the
tube and take it back to the laboratory for testing at the end of each day
The tube sample then will be extruded in the lab using a hydraulic extruder and wrapped to preserve its
condition until testing begins Laboratory testing will Include moisture content Atterberg limits gradation
and permeability tests Moisture contents Atterberg limits and gradations performed as specified will be
tested at a minimum rate of one test per eight inch lift and one test every five field density tests A
laboratory permeability test will be required at a minimum rate of one test in every 16 inch depth for every
ten field density tests and at least one per every two lifts
Once the liner has been constructed liner thickness confirmation borings will be drilled at a minimum rate
of one boring per 5 000 square feet The borings will be backfilled using bentonite powder
The attached estimate details the estimated costs for testing and services to be performed provided that no
retesting is required to assure compliance with the Soil Liner Quality Control Plan
ENGINEERING SERVICES
In accordance with Texas Department of Health Regulations an engineer must visit the site as numerous
as necessary to adequately evaluate and observe testing of the liner as it is compacted or otherwise tested
Engineering services therefore will consist of site visitations monitoring laboratory test results and
completing the Texas Department of Health Soil and Liner Evaluation Reports The Soil and Liner
Evaluation Reports also will present the results of the field and laboratory data We will supply five copies
of each Soil and Liner Evaluation Report for each area to be certified
The Soil and Liner Evaluation Reports will present the results of the testing and evaluation Items other
than those specified above which are revealed by these studies or are necessitated by a change in project
scope may require revised field laboratory and engineering services These services will be discussed
and negotiated on an individual basis
ANTICIPATED COSTS FOR SERVICES AND SCHEDULE
Services will be performed In accordance with the attached schedule of fees Based on the anticipated
quantity of work and the attached schedule the total cost of this investigation should be on the order of
$32 000 00 to $35 000 00 For budget purposes a maximum cost of $35 000 00 Is recommended This
cost will not be exceeded without prior authorization
The estimated costs shown in this proposal are based on the anticipated soil conditions The final invoice
will be based on the specific quantities drilled and tested If unanticipated conditions are encountered
during Inspection or certification we will notify you accordingly
You will receive the final report approximately two to three weeks following the completion of the liners
being certified We will make preliminary data available sooner if necessary
Rone
City of Denton
Proposal No 3-02 GD
March 4 1991
March 5, 1991 (revised)
Page 3
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 with you on the project If any questions arise please call
Sincerely
RONNEE ENGINEERS INC
Kent W Wiken
Staff Engineer
l~~1-41A'" ,*R
Charles M Jackson P E
Vice President Engineering
KWW/CMJ
Copies submitted (2)
Attachments Cost Estimate
Testing Quantity Estimates
Terms for Geotechnical Engineering Services
City of Denton
Proposal No 3-02 GO
March 4 1991
March 5 1991 (revised)
Page 4
COST ESTIMATE
PREPARATION OF 1991
SOIL AND LINER EVALUATION REPORTS
DENTON SANITARY LANDFILL
PERMIT NO 1590
DENTON,TEXAS
CONSTRUCTION TESTING
All testing during liner construction
211 Hours Technician Time @ $25 50/hour
185 In Place Density Tests @ $20 50/each
8 Standard Proctor Test @ $130 00/each
135 Liquid and Plastic Limit Determination @ $37 50/each
135 Percent Passing #200 sieve @ $28 50/each
71 Falling Head Fixed Wall Permeability Tests @ $80 00/each
Subtotal Construction Testing
LINER THICKNESS CONFIRMATION BORINGS
Mobilization location of boring locations
200 Feet continuous sampling @ $14 00/foot
15 Buckets, bentonite powder for plugging boreholes
@ $10 00/bucket
2 Hours backfilling boreholes @ $118 00/hour
Subtotal Liner Thickness Confirmation Borings
ENGINEERING SERVICES
Engineering Supervision Analysis and Report Preparation
10 Hours, Senior Principal Engineer @ $90 00/hour
70 Hours, Project Engineer @ $70 00/hour
20 Hours, Drafting and Secretarial Support @ $30 00/hour
Subtotal Engineering Services
TOTAL ESTIMATE
Unit prices shown are applicable through December 1991
$538050
3 792 50
1 040 00
5062 50
384750
5.680 00
$24 803 00
$ 150 00
2 800 00
150 00
0
2360
$ 3 336 00
$ 900 00
4 900 00
0
6000
$ 6 400 00
$34,53900
Rone Engineers Inc reserves the right to modify quantities of above Items Including engineering services
to account for specific conditions encountered In the field Modifications may necessitate variations in
portions of the recommended budget However the upper limit estimate will not be exceeded without prior
authorization
Rone
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SUMMARY OF TESTING PROGRAM
"
Stands
Rate
Soeclflcation
Maximum
Dry Density
ASTM D-696
& Optimum
Moisture Content
Field Density
ASTM D 2922
Minimum one test
95% Standard
In each eight
Proctor
Inch lift for
optimum to +4
10 000 square
above optimum
feet at surface
%-200 sieve
ASTM D-422
Minimum of one
Liquid Limit
ASTM D-4316
test for each
% 200 >30
Plastic Limit
eight inch
LL>30 P1>15
lift and one every
five field density
tests
Permeabilty
US Army
Minimum of one
Kv < 1 x10 7 cm/sec
C O E
test In every 16-
EM 1110
Inch depth for every
-2 1906
10 field density tests
and at least one per
every two Iifts
Liner
Minimum of one test
3 foot minimum
Thickness
per 5 000 square
w/ 1 foot
Confirmation
minimum pro-
tective
cover or
4 foot minimum
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TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
THEAGREEMENT
This AGREEMENT Is made by and between PONE ENGINEERS INC hereinafter referred to as GEOTECHNICAL ENGINEER and CITY OF
DENTON hereinafter referred to as CLIENT
The AGREEMENT between the parties consists of these TERMS the attached PROPOSAL identified as Proposal No 3 02 GD dated March 5
1991 and any exhibits or attachments noted in the PROPOSAL Together these elements will constitute the entire AGREEMENT
superseding any and all prior negotiations correspondence or agreements either written or oral Any changes to this AGREEMENT must be
mutually agreed to in writing
STANDARD OF CARE
CLIENT recognizes that subsurface 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 will be based
solely on information available to GEOTECHNICAL ENGINEER GEOTECHNICAL ENGINEER is responsible for these data interpretations
and recommendations but will not be responsible for other parties interpretations or use of the Information developed
Services preformed by GEOTECHNICAL ENGINEER under this AGREEMENT are expected by CLIENT to be conducted in a manner
consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing
contemporaneously under similar conditions In the locality of the protect Under no circumstance is any warrantv expressed or implied
made in connection with the providing of geotechnical engineering services
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNICAL ENGINEER 10 perform the
work set forth in this AGREEMENT CLIENT will notify any and all possessors of the protect site that CLIENT has granted GEOTECHNICAL
ENGINEER tree access to the site GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site but it is
understood by CLIENT that in the normal course of work some damage may occur and the correction of such damage is not part of this
AGREEMENT unless so specified in the PROPOSAL
CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities GEOTEC HNICAL ENGINEER will
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 geotechnical laboratory for testing for a period 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 monitomg specific portions of
construction work or other field activities as set forth in the PROPOSAL then this phrase applies For the specified assignment
GEOTECHNICAL ENGINEER will report observations and professional opinions 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 geotechnically related work which in GEOTI CHNICAL ENGINEERS
professional opinion does not conform with plans and specifications The GEOTECHNICAL ENGINEER has no right to reject or stop work of
any agent of the CLIENT Such rights are reserved solely for CLIENT Furthermore GEOTECHNICAL ENGINEERS presence on site does not
in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or
construction related services
GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific mean methods techniques
sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT or safety precautions and
programs incident thereto
Terms Page 1 of 3
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER In accordance with the procedures indicated in the PROPOSAL and its attachments Invoices
will be submitted to CLIENT by GEOTECHNICAL ENGINEER and will be due and payable upon presentation It CLIENT objects to all or any
portion of any invoice CLIENT will so notify GEOTECHNICAL ENGINEER In writing within fourteen (14) calendar clays of the invoice date
identify the cause of disagreement and pay when due that portion of the invoice not in dispute In the absent a of written notification
described above the amount as stated on the invoice will be paid
Invoices are delinquent d payment has not been received within thirty (30) days from date of invoice At the option of the GEOTECHNICAL
ENGINEER CLIENT will pay an additional charge of one and one half (1 5) percent per month (or the maximum percentage allowed by law
whichever is lower) on any delinquent amount except for any portion of the invoiced amount in dispute and resolved in favor of CLIENT
Disputed amounts withheld by the CLIENT which are subsequently resolved in favor of the GEOTECHNICAL ENGINEER will carry the
additional charge as described above effective thirty (30) days from the date of the original invoice In the event CLIENT falls to pay
GEOTECHNICAL ENGINEER within sixty (60) days after invoices are rendered CLIENT agrees that GEOTECHNICAL ENGINEER will have the
right to consider the failure to pay the GEOTECHNICAL ENGINEERs Invoice as a breach of this AGREEMENT
TERMINATION
This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision 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 termination GEOTECHNICAL ENGINEER will be paid for services performed prior to the date or termination plus
reasonable termination expenses including but not limited to the cost of completing analyses records and report necessary to document
lob status at the time of termination
RISK ALLOCATION
Many risks potentially affect GEOTECHNICAL ENGINEER by virtue of entering into this AGREEMENT to perform professional engineering
services on behalf of CLIENT The principal risk is the potential for human error by GEOTECHNICAL ENGINEER For CLIENT to obtain the
benefit of a fee which includes a nominal allowance for dealing with GEOTECHNICAL ENGINEERS liability CLIENT agrees to limit
GEOTECHNICAL ENGINEERS liability to CLIENT and to all other parties for claims arising out of GEOTECHNICAL ENGINEERS performance
of the services described In this AGREEMENT The aggregate liability of GEOTECHNICAL ENGINEER will not exceed the amount of the
GEOTECHNICAL ENGINEERS tee for negligent professional acts errors or omissions
Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly
entered into and shall apply to all theories of recovery including but not limited to breach of contract warranty tort (Including negligence)
strict or statutory liability or any other cause of action except for willful misconduct or gross negligence The partie also agree that CLIENT
will not seek damages in excess of the limitations indirectly through suits with other parties who may join GEOTECHNICAL ENGINEER as a
third party defendant Parties means CLIENT and GEOTECHNICAL ENGINEER and their officers employees agents affiliates and
subcontractors
Both CLIENT and GEOTECHNICAL ENGINEER agree that they will not be liable to each other under any circumstances for special indirect
consequential or punitive damages arising out of or related to this AGREEMENT
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site and that
CLIENT has informed GEOTECHNICAL ENGINEER of CLIENTs findings relative to the possible presence of such materials
Hazardous materials may exist at a site where there is no reason to believe they could or should be present GEOTECHNICAL ENGINEER
and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the
scope of work or termination of services GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of unanticipated hazardous
materials may make It necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and safety CLIENT agrees
to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the di covery of unanticipated
hazardous materials
GEOTECHNICAL ENGINEER agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are
encountered CLIENT agrees to make any disclosures required by law to the appropriate governing agencies CLIENT also agrees to hold
GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosures made by GEOTECHNICAL ENGINEER which are required
Terms Page 2 of 3
by governing law In the event the protect site is not owned by CLIENT CLIENT recognizes that it is CLIENTS responsibility to inform the
property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials
Notwithstanding any other provision of the AGREEMENT CLIENT waives any claim against GEOTECHNICAL I NGINEER 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 protect 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
drilling activities
DISPUTES RESOLUTION
All claims disputes and other matters in controversy between GEOTECHNICAL ENGINEER and CLIENT arising out of or in any way related
to this AGREEMENT will be submitted to alternative dispute resolution (ADR) before and as a condition precedent to other remedies
provided by law if and to the extent CLIENT and GECTECHNICAL ENGINEER have agreed on methods for resoh Ing such disputes then
such methods will be set forth in the Alternative Dispute Resolution 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 it shall be understood that the parties shall submit
disputes to mediation as a condition precedent to litigation
If a dispute at law arises from matters related to the services provided 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 jurisdiction 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 jurisdiction and
(2) the prevailing party will be entitled to recovery of all reasonable costs incurred including staff time 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 provisions contained in this AGREEMENT are held illegal invalid or unenforceable the enforceability of the remaining
provisions will not be impaired Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause
The parties have read the foregoing understand completely the terms and willingly enter into this AGREEMENT which will become effective
on the date signed below by CLIENT
City of Denton 111 1 .u
CLIENT / GEOTECHNICAL ENGINEER
By By Kent W Wlken
City Manager Staff Engineer
Position Position
March 19, 1991 March 5 1991
Date Date
Terms Page 3 of 3