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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 TS/jh 125 DOC N h q Cn N p N Z U & a a N a b Q c N~ Zoom Ir a a N LLI a 1 V+ aaa ir mtlaF co Oyu q E a E x U ~ ma° a.. FE o W W U- Q m N N U' N q ~ as w r" WIW-QX 0:QWF OC z Momo w QW N UV10No n y~ k~ o^ ¢ tiro O] WOE ~N C tiN y ti k" m ~Q mti $3 o- 0 h ~g On = 4 2 4 W z° v+ m V) + ca n y z ZOX ¢pU :1 28. ~C7Y00, wIA Z m D 1,~J § _ O UNR ~ 5 (L LL Z {XNQ z w ~i B ~Sgw cr L Q m z D M F 14 N Q m O 0+ N M N q d D q 0+ Q Z 8 O n q 00 w cv w mm m .y N N 0 I C N q FF Qu a O • UA D N Qz V) Q Q • Q tI N ~ Q q ~ N co 17 • N N Q a U C ~ c c ~ V U. N N a N g g q 1f) x Ica OD 00 ~ w Z' y d U t tLw d Y p FfnZ N M man O q WkQF N fr Fay n 4 ~ u w~ f~ ~ yy [7 ham' N 0 U Y ul v N °q L ~ TC N 3 i ® O 52 > N E C w D ¢ w ~ ZNC ¢ 0 q S z~11 In Cl >-N 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 J