1991-027roneo
ORDINANCE NO 9!:7
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN
THE CITY OF DENTON AND RONE ENGINEERS FOR PROFESSIONAL ENGINEERING
AND TESTING SERVICES RELATING TO THE CITY'S LANDFILL, AND PROVIDING
FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council of the City of Denton hereby
authorizes the Mayor to sign an agreement between the City and Rone
Engineers, a copy of which is attached hereto and incorporated by
reference herein, for professional engineering and testing services
relating to the City's landfill
SECTION II That the City Council authorizes the expenditure
of funds in the manner and amount as specified in the agreement,
not to exceed $11,382 50
SECTION III That this ordinance shall become effective
immediately upon its passage and 'approval
PASSED AND APPROVED this the y"-jday of 1991
Ai
BOB CASTLEBERRY, MAYO ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY /0,w~
Rone Engineers Inc Metro 214/2631555 RoneEngineers
11234 Goodnight Lane Tel 214/241 4517
Dallas Texas 75229 Fax 214/24 /241 5174
Dallas/Fort Worth/Houston 800/243 8494
February 18 1991
City of Denton
Department of Public Works
215 East McKinney
Denton Texas 76201
Attn Mr Charles S Watkins
Gentlemen
CONTRACT FOR SERVICES
EARTH ELECTRICAL RESISTIVITY SURVEY
DENTON SANITARY LANDFILL
DENTONJEXAS
GENERAL
Rone Engineers Inc is pleased to submit the following contract of services for conducting the annual earth
electrical resistivity survey (EERS) as required by the Texas Department of Health
FIELD INVESTIGATION
General
Apparent resistivity data will be obtained In the field utilizing a Bison Model 2350 Earth Resistivity Meter
Electrode arrangement will use the Wenner Array of four probes at equal spacing centered over the
specific survey point Evaluation will be made using both sounding and profiling techniques
Profiling measures lateral changes in the apparent resistivity The electrode separation remains constant
while the entire electrode configuration is moved from station to station The A spacing used in the profile
surveys for this investigation was 18 and 36 feet for all profiling stations
Sounding measures the apparent resistivity change with depth Again using the Wenner Array the A
spacing is Increased from a center point at a set Interval As the electrode spacing is increased the depth
of penetration Increases At each sounding location an initial A spacing of three feet was used This
spacing was then increased in three foot increments The apparent resistivity was measured at each
successive Interval to a final spacing of 36 feet
Field procedures will be performed in general accordance with Texas Department of Health Division of
Solid Waste Management Guidelines for Conducting and Reporting Earth Electrical Resistivity Surveys
Technical Guide updated May 1985
Geotechnical Consultants Geosciences/Environmental Construction Materials Testing
City of Denton
Department of Public Works
February 18 1991
Page 2
Annual Earth Electrical Resistivity Survey (EERS) Modifications
The following section outlines the changes to the annual EERS that were outlined in a directive from Mr
L C Safe C P G of the Texas Department of Health dated November 28 19901 Accordingly the 1990
EERS will be adjusted as follows
(1) The A spacing for the perimeter profile survey locations will be performed at 36 and 18 feet
Previous surveys utilized an A spacing of 35 feet for the perimeter profile survey
(2) The perimeter profile readings will be spaced at 100 foot stations around the perimeter of the
landfill Previously resistivity profiling was performed at 100 foot stations along the north and
south boundary of the landfill and 180 foot stations on the east and west boundaries of the
landfill
(3) The profile survey at location E 11 through E 17 and C 9 through C 17 (performed in the 1989
survey) will not be performed because stockpiled soil has elevated the grade to approximately
10 to 30 feet above the grade profiled in the 1989 survey
(4) Because of the presence of stockpiled soils in the eastern area of the landfill the eastern
profile line (formerly Line 17) and the eastern end of the northern profile line (line K) will be
moved to approximately 5 to 10 outside of the existing fence/property line In order to
maintain the required station spacing this offset also will create two additional profile stations
and one additional sounding location at K 18 and K 19
(5) A sounding survey was conducted at 200 foot stations along the perimeter profile survey
locations The sounding survey was conducted utilizing an initial A spacing of three feet and
increasing in three foot increments to a final spacing of 36 feet
(6) Soundings will not be performed at locations S 1 S 2 S 4 S 5 S 6 S 7 S 8 S 10 S 11 and
S 12 because of the advancement of landfilled areas the landfill excavation or the presence
of stockpiled soils
ENGINEERING SERVICES
The engineering report will present the results of the field and laboratory data together with our analyses of
the results and recommendations We will provide 5 copies of the report The report will address
(1) general soil and groundwater conditions
(2) comparison of previous 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
1 Solid Waste Denton County City of Denton Permit No 1590 Piezometer As Built Detail Plans
Acceptance & Confirmation Of Telephone Conversation For Adjustment To The 1990 Earth Electrical
Resistivity Survey Correspondence from L C Safe C P G Texas Department of Health to The Honorable
Bob Castleberry Mayor of Denton November 28 1990
Rone
City of Denton
Department of Public Works
February 18 1991
Page 3
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 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
$10 000 00 to $12 000 00 For budget purposes a maximum cost of $12 000 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 the survey we will notify you accordingly
We will Initiate these studies within 3 days of receipt of notice to proceed and anticipate that 4 to 5 working
days will be required to complete the field Investigation You will receive the final report approximately
three to four weeks following the completion of the field phase
Thank you for the opportunity to present this Contract of Services 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
ROOONN/E ENGINEERS INC
11
Kent W Wiken
Staff Engineer
raoe
Charles M Jackson P E
Vice President Engineering
KWW/CMJ/kww
Copies submitted (2)
Rone
City of Denton
Department of Public Works
February 18 1991
Page 4
COST ESTIMATE
EARTH ELECTRICAL RESISTIVITY SURVEY
DENTON SANITARY LANDFILL
DENTONJEXAS
FIELD INVESTIGATION
30 Hours, 2 man Crew @ $100 00/hour
30 Hours, Staff Engineer (as required by the State)
@ $55 00/hour
$ 3 000 00
1 650 00
Subtotal Field Investigation $ 4 650 00
ENGINEERING SERVICES
Engineering Supervision Analysis and Report
Preparation
3 Hours Senior Principal Engineer @ $90 00/hour
120 Hours Staff Engineer or Engineering Geologist @ $55 00/hour
7 Hours Drafting and Secretarial Support @ $30 00/hour
Subtotal Engineering Services
TOTAL ESTIMATE
$27000
6 600 00
210 00
$7 080 00
$11 730 00
Based on this schedule the total cost of this investigation is estimated to be $10 000 00 to $12 000 00 Unit
prices shown are applicable through December 1991
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
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
THE AGREEMENT
This AGREEMENT is made by and between RONE ENGINEERS INC hereinafter referred to as GEOTECHNICAL ENGINEER and CITY OF
DENTON DEPARTMENT OF PUBLIC WORKS hereinafter referred to as CLIENT
The AGREEMENT between the parties consists of these TERMS and the attached CONTRACT OF SERVICES dated February 18 1991
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 very 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 those 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 warranty 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 to 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 free 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 CONTRACT OF SERVICES
CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities GEOTECHNICAL 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 geotechmcal 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
CLIENTS prior written request
MONITORING
If GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of
construction work or other field activities as set forth In the CONTRACT OF SERVICES 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 GEOTECHNICAL 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 means methods techniques
sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT or safety precautions and
programs Incldent thereto
Terms Page 1 of 3
Rone
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER in accordance with the procedures indicated in the CONTRACT OF SERVICES and its
attachments Invoices will be submitted to CLIENT by GEOTECHNICAL ENGINEER and will be due and payable upon presentation If
CLIENT objects to all or any portion of any Invoice CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar
days of the invoice date Identify the cause of disagreement and pay when due that portion of the invoice not in dispute In the absence of
written notification described 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 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 fails 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 of termination plus
reasonable termination expenses Including but not limited to the cost of completing analyses records and reports necessary to document
fob 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 fee 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 parties also agree that CLIENT
will not seek damages in excess of the limitations indirectly through suits with other parties who may loin 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 CLIENT s 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 discovery 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
Rone
by governing law In the event the project site is not owned by CLIENT CLIENT recognizes that it is CLIENT S 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 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 property$ 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 0 and to the extent CLIENT and GEOTECHNICAL ENGINEER have agreed on methods for resolving such disputes then
such methods wilt 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
xr+
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
G
CLIENT
L
is -19 " T/
Date
RONE ENGINEERS INC
GEOTECHNICAL ENGINEER
A140AO;7
By Kent W Wiken
Staff Engineer
Position
February 18 1991
Date
Terms Page 3 of 3
Rone
" V
Position
DATE February 19, 1991
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT RONE ENGINEERS PURCHASE ORDER X111979
RECOMMENDATION We recommend this purchase order to Rone
Engineers in the amount of $11,382 00 be approved as written
UMMARY This purchase order is for the annual electric
resistivity survey at the City of Denton landfill This survey
or test is a check to see if any materials, specifically metals,
are leaching or leaking from the landfill This is required by
the Texas Department of Health
Our original cost estimate based on past years was approximately
$8000 00 Charges in requirements by the Department of Health
increased the cost of the survey
&AMUOUND Purchase Order PC#11979, Invoice 3175-6D, Rone
Engineers and Memorandum dated 1-24-91 from Charles Watkins
PRCCRAM_E~_DERARTMER~_CR_CROygE_AFFECTED Landfill operations
FIECAE_IMPACT 1990-91 budget funds for special services account
number 630-024-0803-8502
Respect ll/y/submitted
v
Lloyd V Harrell
City Manager
Approved by
N-
ame Tom D Shaw, C P M
Title Purchasing Agent
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Rene Engineers 11234 Goodnight Lane RD®gin
Geotechnical Consultants Dallas Texas 75229
Materials Testing (214) 241 4517 Metro 263 1555
INVOICE
City of Denton
Invoice Number
Department of Public Works
215 East McKinney
Invoce Da e
Denton
Texas 76201
,
Attn Mr Charles S Watkins
Terms Due pon Receipt
Reference
Earth Electrical Resistivity Survey Project No 2-576-40
Denton Landfill
Denton, Texas
FIELD SURVEY
29 Hours, 2-man crew
21900 00
29 Hours, Staff Engineer
(as required by the State)
1,595 00
Subtotal, Field Investigation
4,495 00
ENGINEERING SERVICES
3 0 Hours, Principal Engineer
270 00
116 50 Hours, Staff Engineer
6,407 50
3 50 Hours, Draftsperson
105 00
3 50 Hours, Typing and Report Reproduction
105 00
Subtotal, Engineering
6,887 50
TOTAL AMOUNT DUE
11,382 5
Revi w d by
V
Charles
Ja o n, P E
Vice President, Engineering
KWW/CMJ/ksf
Please Remit To
11234 Goodnight Lane
Dallas Texas 75228 Thank You
All accounts not paid within 30 days of the original invoice datV0066 charged an annual interest r
ate of 18%
Rnnw Fnninwwm
C/TY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON TEXAS 76201
M E M O R A N D U M
TO Tom Shaw, Purchasing Agent
FROM Charles Watkins, Superintendent, Solid Waste Division
DATE January 24, 1991
SUBJECT EARTH ELECTRICAL RESISTIVITY SURVEY
The original estimate for the cost of the required annual resistivity
survey at the landfill was $8,000 00, however, the City and Rone Engi-
neers were contacted by representatives of the Texas Department of
Health and given specific instructions regarding the way the Department
wanted the survey performed These instructions required a more conpre-
hensive survey than had been conducted in the past for the purpose of
providing background data to the Texas Department of Health
The additional data required by the Texas Department of Health increased
the cost of the survey
l
Charles S Watkins
CSW/sc
1W2/012491081
Attachment
LG „ , j fry Id,I 1A
8171566 8200 D/FW METRO 434 2529
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