2004-368O ANCE NO. 2004-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ETTL ENGINEERS & CONSULTANTS, INC. FOR HYDROGEOLOGICAL
CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF
DENTON LANDFILL (MSW PERMIT NO. 1590A); AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE
RATIFICATION AND APPROVAL THEREOF; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council deems that it is in the public interest to continue to
engage ETTL Engineers & Consultants, Inc., a Corporation, of Tyler, Texas ("ETTL"), to
provide professional hydrogeologieal consulting and analytical services for the City
pertaining to the City of Denton Landfill 0VISW Permit No. 1590A); the City Council has
engaged ETTL for a number of eonsecut'lve years to perform these services, and has been
satisfied as to the quality and reasonable price of their work; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above-referenced professional consulting services, and that limited
City staff cannot adequately perform the specialized services and tasks with its own
personnel; and
WHEREAS, it is necessary for the professional services provided by ETTL to
begin on October 1, 2004, and the timing involved in the contract approval process dictates
that this ordinance be ratified and approved effective as of October 1, 2004, which
continues the professional services contracted by the City with ETTL for similar services
for the City's landfill, without interruption; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act", generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fa'rr and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a
Professional Services Agreement with ETTL Engineers & Consultants Inc., a Corporation,
of Tyler, Texas, for further professional hydrogeological consulting and analytical services
pertaining to the City of Denton Landfill (MSW Permit No. 1590A); in substanfially the
form of the Professional Services Agreement attached hereto as Exhibit "A" and
incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
continued demonstrated competence, knowledge, and qualifications of ETTL and the
continued demonstrated ability of ETTL to perform the services needed by the City for a
fair and reasonable price.
SECTION3: That the expenditure of funds as provided in the attached
Professional Services Agreement is hereby authorized.
SECTION4: That the effective date of the Professional Services Agreement
approved hereby, is hereby ratified, confirmed, and made effective as of the 1st day of
October, 2004.
SECTION5: That otherwise, except as stated in Section 4 hereinabove, this
ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the ~'~ day of ~,~_//f'J)7_~_/// ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Doc uments\OrdinancesX04~ETr L Engineers-Landfill-PSA 2004-2005 or&doe
2
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SER.VICES AC~R~NT
FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
PERTAINING TO THE CITY OF DENTON LANDFII.L
THIS AGRRI~vIENT as made, entered mt/), and effce~ve as of the 1 ~t day of October, 2004,
by ~d between ~he City of Denton, Texas, a Texas Mun/e~al Corporation, vn~h ~ts pnncipal
offices at 215 East Mcl~,rmey Slrcet, Denton, Texas 76201 (here~r~r "OWNER'S; and ETTL
Engineers & Consultants, Inc, a Corporation, w~th its ~ office at 1717 East Erwm Sheet,
Tyler, T~xas 75702-6398 (heremai~r "CONSULTANT"); th~ pam~ acting hca~n by and through
thor resp~aw duly-authorized ~"pre~ntaav~ and offices.
WfrNESSEq'K, that m consaderation of the covenants and agreements hereto contained, the
patties hereto do mutually AGB ~.~- as follows:
ARTICI.~. f
EMPLOYMI~qT OF CONSULTANT
The OWNER hereby cona-acts with CONSULTANT, as an indq~ndant contractor, m~d th~
CONSULTANT he.by agrees to l~'form the sa'v~ces het~n m connec~on with thc Project ns
stated m the Athcles to follow, with &hgence nmi tn nccerdance v~th the professtonal standards
customarily obtsmed for such scrwces m the State of Texas. The profes~onal se~wccs set forth
h~m are m connechon vnth thc following described proj~t (the "Project").
Prowdmg profe~onal hydrogcelog~cal consulting and analytical sanqces patamm§ to tl~ Chty of
Denton Landfill (MSW P~'nnt No 1590A) for the period be~mrmlng on October 1, 2004 and ending
on S~ptember 30, 2005. l~Jt~l'L shall serve as the OWNF. R's professional services consultant
relaave to all lavdfill groundwater momtoring, rl~ta review, zqxgtmg (mdudmg, w~thout hm,tatlOn,
two semi-annual detectton grotmdwater momtonng eve~nt~), and general geological and
hydrogenlog~cal consulting services, where needed for the ProJect
ARTW~.g. II
SCOPE OF SERVICES
The CONSULTANT .~haq l:~-~"onn the following Basic Services m a profesmonal marme~.
A
To perform aH those seannces as are set forth m the CONSULTANT's "Proposal" to the C~ty
of Denton, Texas contained in that ceflam three (3) page letter from Leslie A Jeake, P G.,
Hydrogenlog~st retained by CONSULTANT to David Dugger, Landfill Superintendent of
OWNER, dated September 30, 2004, which letter m attached hereto as Extu'bit "A" and ~s
incorporated herevath by reference
If there is any conflict that maes between the terms of tim Agreement and the "Probable Cost
Estanate" (Soptember 30, 2004), Exlnblt "B' attached to th,a Agreement, thru the terms and
Page 1 ofl0
comhtions of Exhibit "B" shall conlrol over the terms ~d cond~hons of the Agreement.
ADDITIONAL SERVICF~
Any Addmonal Seraces to be performed by CONSULTANT, if ~,~horized by OWNER,
winch are not included as Basic Sel'vlc, e~ m the above-described Scope of Services, set forth m
Article 11 above, shall be later agreed-upon by OWN]~ and CONSULTANT, who shall
m writing, the scope of such Additional Services, tho m~aount of compensation for such addmonal
serraces, and other es,sentml t~.ms pertmnmg to the provimon of such Ad&~onal Ser~ces by
CONSULTANT A par'afl hstmg of posmble Addmonal Services and the hourly rates and the
amounts therefor, are set forth on page two (:2) of lhe "Probable Cost Es6mate" whmh Is attached
hereto as Exhbit "B" and ~s incorporated by reference
ARTW~.R lV
PERIOD OF SERVICE
Thc parttes hereby agree that m any event, tins Agreement shall bo effechve as of October 1,
2004. Work .~hall commence upon the issuance of a notice to proceed to CONSULTANT by the
OWNER. Tins Agreement ~hall ~r, mam m force for the period that may reasonably be requmxl for
the complehon of the Project, mcludmg A&hhonal Services, ff my, and any reqmmd extenmons
aw, oved by the OWNER, or uuttl September 30, 2005, whichever ~vent shal! ~ occur. This
Agrecmant may be sooner te~m~r~ed in accordanco w~th the prov~ons hereof T~me ~ of the
~sence m tho l~'form~ of th~ A~nent. CONSULTANT gh~il make all reasonable efforls to
complete the service~ set fo~h 1~ as e~pe&t~ously as po~iblo and to mcot tho ~chedule(s)
reasonably established by ~he OWNER, ac~ang threu~h ~ts Dm~tor of Sohd Waste or h~s designee.
COMPENSATION
A COMPENSATION TERMS:
"INfect Non-Labor Expense" ~s defined as that expense [other than "per them"
expense], based upon am'ual cost plus fifteen (15%) percent, for any out-of-pocket
expense reasonably mom'ed by the CONSULTANT related to its perfo~ of tins
Al~'eement, for long distance telephone charges, telecopy charges, messenger services,
pnntmg and ..~pwduction expense~, out-of-pocket expenses for purchased computer
~me, prudently recurred travel expenses related to the work on the Project, and sumlar
modental expenses mcun~cl m connection with the Project.
B B~r.LmIG AND PAYMENT.
For and m conmderat~on of the pwfesmonal sennces to be performed by CONSULTANT
hereto, OWNER agrees to pay CONSULTANT, based upon the sausfactory compleUon of
the l~uc Services t~q~ set forth in the Scope of Serwccs as shown in Amcle H above, as
follows
Page 2 of 10
C
D
1 CONSULTANT shall pa-form ds work on th~s Pwject on an hourly fee basis,
plus rcwabul's~nent for all reasonably recurred out-of-pocket expenses, billed monthly, or for
longer periods of time CONSULTANT shall bill from time stg¢~ m m,mmum ¼ hour
mcr~nents of tune, at the rates and subject to the terms set forth m CONSULTANT's
"Probable Cost Eshmat¢" whch Is contained m Exlnbit "B" hexetofore refrat=d to m Amcle
iH. OWNER shall payto CONSULTANT for its professmnal serwees performed, and for ~ts
out-of pocket expenses recurred m the ProJect, a total amount not to exceed $41,772.
2 Pamal payments ~o the CONSULTANT vaU be made monthly based on the percent of
actual completion of the Bamc Serwces, rendered to and app~uved by thc OWNER through
xts D~reetor of Sohd Waste or ins demgnee However, under no cn'cumstances shall any
monthly statement for ser~ces exceed the value of the work performed at the hme a
statement ~s rendered Tho OWNER may vaflthold the final te~ (10%) percent of tho above
not-to-exceed amount until sat~sfaetoty enmplet~on of the Project by CONSULTANT
3 Nothing covtalned m th~s Am¢lo shall require the OWNER to pay for any work that is
not subrmtted m comphance w~th the t~,ms of th~n Agreement OWNER shall not bo
requmxl to make any payments to CONSULTANT at uny time when CONSULTANT is m
default under th~s Agrcement
4. It m speafically understood and agreed that tho CONSULTANT shall not be authorized
to undertake any work purs, mnt to flus Agreement wtuch would reqmro a&ht~onal payments
by the OWNER for any charge, expense or l~lmhtll'semeut above thc not-to-exceed m-~onnt
as staled hereinabovo, without first having obtained the pnor wntten anthonzahon of the
OWNER. CONSULTANT shall not proceed to perform any serwces to be later provided for
under Amclo IH "A&hUonal Sa'~ces' without first obiagning plIor wliiten authollzatlon
from the OWNER
ADDmONALSERVlCES' For Adthttonal Services authorized in wntmg by the
OWNER tn Amcle IlL heremabove, CONSULTANT shall be paid based on a to-be-agreed-
upon Schedule of Charges. Payments for Addthonal Services shall be due and payable upon
submmston by the CONSULTANT, and shall be in accordance vath Exinb~t "B" attached
hereto, and Article VB h~;,~ahovo Stat~nents for Bamc Services m~t any Additional
Seduces shall be subrmtted to OWNER no more free--fly ttmn once monthly.
PAYMENT' If the OWNER fads to make payments duo the CONSULTA1Vr for
services md expemes vathm thu-ty (30) days aria' receipt of the CONSULTANTs
unchsputed statement thexeof~ the amounts due tho CONSULTANT vail be mcreased by the
rate of one percent 0%) per month from and after the smd thirtieth (30th) day, and m
adchtlon, thereafter, the CONSULTANT may, after g~vmg ten (10) days written nohce to the
OWNER, suspend sexwces under ttus Agreement until the CONSULTANT has been prod in
full for all amounts then due and owing, and not d~puted by OV~qER, for services, expenses
and charges Provided, however, nothing hereto shall requcre the OWNER to pay tho late
charg~ of one percent 0%) per month as set fo~h he~m, fl' the OWNER reasonably
determines that the CONSULTANT's work ~s not sulrautted in accordance w~th the terms of
this Agreement, m accordance with Article ViS. of th~s Agrcemenl, and OWNER
promptly notffied CONSULTANT of that fact in wnhng.
Page 3 of 10
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT vail exercus~ reasonable c.m'e ~1 due dihgence m dmcovenng and
promptly reporting to the OWNER any defects or deficienc~es m the work of CONSULTANT
AR TIT~I ]~, %~T
OV~R~HIP OF ~
All documents pl~'ed or fi~mi.~hed by the CONSULTANT pummnt to tbs Agreement are
mstnlments of service ~md .~hsll become the pioper[y of the OWNER upon the teimm~tion of this
Agreement The CONSULTANT m enlifled to retain copies of all such documents The
documents prepsred ~nd finmshed by lhe CONSULTANT are intended only to be apphcable to th~s
project and OWNER's use of these documen~ in oth~ projects shall be at OWNER's sole nsk and
expense In the event the OWNER use~ file Agreement in ~nother p, wect or for olher pu~oses
thsn specified ha'em any of the information or materials developed pursuant to th~s Agreement,
CONSULTANT ~s released from any and all habihty relatm~ to ~he~r use m that pw3ect.
A R "1'1'('~.~ .1~.. ~,~Tlr
IN'DI~ENDI~IT CO~,ACTOR
CONSULTANT shall provide sennces to OWNFR as ~ independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or clmm any nght arising from
~loyee status
INDEMNrrY AG]~.MENT
The CONSULTANT shall mderrm,fy and save mid hold harmless the OWNER and its
ofllc~als, officers, agents, ~'(omeys and employees from taxi n~t any md all habihty, clsnns,
d~llglld$, d~m~ loss~ snd ~xpfflls~, including but not hm~ted to com~ cost~ told reasonable
attomey fees mcurred by the OWNER, and including vmhout hm~tatlon damages for bochly and
p~mal injury, death, or property damage, resulting from the neghgmt acts or onusmons of ~he
CONSULTANT or its officers, shareholders, agents, attorneys and ~m~,loyees m the execuUon,
opcraUo~ or performance of tbs Agreement
Noflung in tlus Agreement shall be construed to cre~e a habihty to any person who IS not a
parly to tins Agreement and notlung hereto ~sll wmve any of the party's defense, both at law or
eqmty, to any c!mm. cause of action or hhgatlon filed by anyone not a party to tins Agreement,
mcludmg the defense of governmental ~mmunlty, which defenses a~e hereby expressly real'red.
AR TI'CT .'iR. X
INSURANC~
Dunng the performance of the Services under tins Agreement, CONSULTANT shall
mmntam ~he following insurance w~th an insurance company hce~sed to do business m thc State of
Page 4 ofl0
Texas by the State Insurance Board or any successor agency, ~ has a rating with A. M Best Rate
Careers of at least an "A-' or above:
Comprehensive Gen~ Liabdfly Insurance with bo&ly mjury hm,ts of not less than
$1,000,000 for each occurrence and not less than $1.000,000 in tho aggregate, and with
propelty damage hmsts of not less than $100,000 for each occurrence and not less th~n
$100,000 m tbo aggregate.
Automobde habdity Inslu~ico with bodily injury lim,t~ of not less than $1,000,000 for each
person and not less than $1,000,000 for each accident and with property damage hm~ts for
not less than $100,000 for each aec~dent.
C
Workeffs Compematton Instance in accordance with statutory requu~ents, and
Pmployer's Lmbihty Insul'aace with limds of not less than $100.000 for each ac~dent
D
Professional Liab&ty Insurance or appropnale Fa-rots & Omissions Insurance vath lurers of
not less than $1,000,000 ~ aggrcgae
CONSULTANT shall furmsh insurance comficates or insurance pohcles at thc OWNER's
request to evadence such coverages Thc insurance pohc~es shall name the OWNER as an
additional insured on all such poE~es to the extent that IS legally posn'bl¢, and shall co~t.,n a
provisuon that such insurance shall not b~ cancelled or modffied without tlurty (30) days prior
written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall.
prior to the effective date of the change or cancellation of coverage, dohver copies of any
such substltute pohcles, fumlshlng at least tho asmo pohoy 11m;t~ and coverage, to OWNER.
ARTIC~I J~. 3C1'
ARBn'tCATION AND ALTERNATE D~SPUTE RESOLUTION
The parties will make effods to settle any chsputes arising under ttus Agreement by
submitting the d~pute to arb~tratton or other meims of alternate chspute resulution such as
me~hation However, no arbttrahon or other form of alternate dispute resoluhon arising out of, or
relating to this Agreement involving one party's dmagreement may m~lude the other party to thc
d~agrcement withm~ thc otbo/s approval
ARTICT,~ ~
Ti~RMINATION OF AGRI~IENT
A Notwithstanding any other provimon of tins Agre~nent, either pa~'y may term,hate this
Agreement by prosud,ng tlun'y (30) days advance written notice to thc other parly.
B
This Agreement may alternatively bo tezuunatod m whole or m part m the event of either
party substantially fmlmg to fidtill its obhgabons under this Agreement. No such termm~aon
will bo effected unless the other party IS given (1) written notice (dehvered by certified mml.
return receipt requested) of intent to tra,,.nste sud setting forltt the reasons specifying the
nonperformance or other reason(s), and not less than thuty (30) calendar days to cure the
fmlure, and (2) an opportunRy for consultation with the i~..m.ting party pnor to t~mimat~on.
Page $ of 10
C
If the Agreement ~s terminated prior to comple~on of the sennces to be prowded hereunder,
CONSULTANT shall unmedmtely cease all services upon rec~pt of the written not, ce of
t~u~ms~on from OWNER, and shall render a fins1 bill for sennces to the OWNER w~m
twenty (20) days after the date of t~afinat~on. The OWNE~ shall pay CONSULTANT for
all setwces properly rendered and saasfactonly performed, and for reimbursable expenses
prior to notlco of tea h, matlon being received by CONSULTANT, m aceordane~ vnth Article
V of this Agreement. Should the OWNER subsequently contract w~th a new consultant for
the conhnuahon of serwces on the Project, CONSULTANT shall coope~e in providing
mformahon to the OWNER and to the new consultant. If apphcable, OWNER shall allow
CONSULTANT a reasonable ttme to transition and to turn over tho Project to a new
consultant CONSULTANT shall turn over all documonts prepared or furnmhed by
CONSULTANT pursuant to tins Agreement to the OWNER on or before tho date of
t~auanalaon, but may mamtsm copies of such documents for its files.
RESPONSIBILITY FOR CL?dMS AND LIABN. XriBs
Approval of the work by the OWNER shall not cons~tute nor be deemed a release of tho
responmbthty and hab~hty of the CONSULTANT, ~ts officers, ~mployees, or agents, for the
accuracy sad competency of their work performed pua~!mnt to ~ A~reement; nor shall such
approval by thc OWNER be doomed as sa ass~np~on of such respomabxhty by thc OWNER for
any defect m the work prepared by the CONSULTANT, its t,~mcqmLs, officers, c~,loyees, sad
ARTTCI' .P. '~V
All notices, commumcations, and repom requn'ed or pemutted under ttus Agreement shall be
personslly dehvered to; or telecopied to; or maded to the respective parties by depos~hng same in
the Umted State~ mad at the addresses shown below, postage prepaid, co,tiffed m~l, return receipt
To CONSULTANT.
To OWNu~K-
r~l-t'l~ Engmecrs & Consultants, Inc.
~717 East Hrwln Street
Tyler, Texas 75702
Fax' (903) 595-6113
City of Denton, Texas
Michael A. Conduff; City Manager
215 East McKmney Sireet
Denton, Texas 76201
Fax: (940) 349-8596
All notaces under thru Agreement shall be effechve upon thor actual rcceapt by the party to
whom such not,ce m love~ or three (3) days after roalhng of ~he notice, wluch~ver event shall first
Page 6 of 10
ARTI'CT,I~. ~
]~TrIRE AGR~E~N-T
Th~s Agreement consisting of ten (10) pages and two (2) Extubits the~to, smd Exhbds
consisting of three (3) and two (2) pages respectwely, constitutes the complc~,e and final oxpresmen
of the Ag~nent of the partms and ~s intended as a complete and exclumve statement of the terms
of thor agreements, and supc~ates all prior conk~eous offers, pron~ses, representaUons,
negotmt~ons, chscuss~ons, commu~loatloRs, Ilndgl~alldings, 811d agre~21eil~ wluch may have b~en
made m connecbon with the sub~ect matter of flus Agreement.
ff any provis~on of tim Agreement ts found or deemed by a cou~t of competont junsdmt~on to
be mvahd or unenforceable, ~t gh~ll be conmdered severable from ~hc remamder of flus Agreement,
and shall not cause the remainder to be invalid or unenforceable In such ovant, the paxtms
reform tins Agreement, to thc extent reasonably posmblc, to replace such stricken prowswn with a
vahd and enforceable prowsmn wlach comes as close as possible to expressing the ongmal
mtent~ons of the pa~es respecting my such stricken provmon.
ARq I'Cl' ~ ~
COMPLIANCE W il'it LAWS
CONSULTANT ~hnl! comply vath aH federal, ~i~_i~ local laws, rules, regulations, and
ordinances apphcable to the wonk perfolmed by CONSULTANT heI~under, as they may now read
or as they may hereafter be amendecL
ARTR'~.I~ ~
DISCRIMINATION PROHIB[i'~D
In perform,ng thc sennces reqmred here~mdor, CONSULTANT ~!! not dlso~mlnato a~w;~!qst
any person on the basra of race, color, rehg~en, sex, national orig/n or ancestry, age, or physical
h~nd.lcap
PER~O~
A
CONSULTANT represents that ~t has or ~ secure at ~ts own expense all pasonnel requged
to perform all the sennces requu'ed under this Agreement Such personnel shall not be
employees or officers of; nor have any conWactual relations with the OWNER.
CONSULTANT shall ~mmechately reform the OWNER m writing of any conflict of interest
or potentml conflict of interest that CONSULTANT may discover, or which may arise during
the t~lm ofthts Agreement
B
OWNER roqun~ that CONSULTANT carefully safeguard all documents, d~t~. and
mformat~on prowded by OWNER to CONSULTANT incident to tins engagement
CONSULTANT 1~co~11~/~ that such documents; data, and lnformabon, involve senmhvo,
Page 7 of 10
competmve issues, m some cases, confidential mfonnahon; and m some cases propnetary
mformat~on, and the d~closure of such reformation by CONSULTANT to any third party,
without the express written consent of OWNER, Is expressly prohibited by OWNER, and
would hkely cause economic loss and demment to OWNEIL Any such unauthorized
d~sclosurc of informa~on by CONSULTANT ~hRII conslltute an a~t of default re~pectmg thru
Agreemenh CONSULTANT repre~ts to OWNER that zt wall safeguard OWNER's
reformation and wdl, upon OWNER'S reasonable request, provide OWNER wlhh
CONSULTANT'S pohc]es regarding ItS procedures for ldent~mg conthct~ of interest, and
~ts procedures and safeguards wluch are m place which would apply W CONSULTANT'S
trea~ent and handling of OWNER'S documents, dat~. ~md reformation during tins
engagement.
All serwee~ reqmr~ hc~-eunder vail be perfu~med by CONSULTANT or under Its du~ct
supennmon. All personnel mgaged in performing tho wo~k l)iu-,ndcd for m this Agrc~ent,
shall bo qnahfiext, and shall bo authormed and p~...:Red under apphcable state and local laws
to perform such semces
The' CONSULTANT shall not assxgn any interest m thru Agreement and shah not transfer any
interest m tins Agreement (whethe~ by as,~gnment, novation or othervos~) wathout tho pnor wntxen
consent of the OWNER. CONSULTANT .~hall promptly no,fy OWNER of m~y change of ~ts
~ne as well as of any material change m ~[s corporate s~cture, its location, and/or m its
ope~a[lOl~
MODIFICATION
No wmv~ or mod~flca~on of *h~n Agreement or of any covenant, condfllon, llm~talion hereto
contained shall be vahd unle~ mwnting and duly executed by the party to be cha~ged ~erewith.
No evidence of any waiver or modification sha]! bo offered or received rn evidence m aay
proceeding arising between the part]e~ hereto out o£ or affecting ~ Agreement, or the nghts or
obligations of the paints her~mder, unless such waiver or moddlcatwn is m wnUng, duly oxeorted.
Thc part~es further agree that thc provmons of flus Aflicle will not be waived unless as hereto set
fm'~h
MISC~.T .T ,~NEOUS
A
CONSULTANT agrees that OWNER shall, until the oxpwaaon of three (3) years after the
final payment made by OWNER under flus Agreement, have access to and thc right W
examine any directly pertinent books, docmnents, papers and records of the CONSULTANT
revolving transactions relating to this Agreement CONSULTANT agrees that OWNER
shall have agcess dunng normal working hours to all nec~sary CONSULTANT fac~ht~cz and
shall bo prowded _~Oequat¢ and appropriate working space m order to conduct oxal~ma~lons
or audits m comphance w~th tins Art~le OWNER shall g~ve CONSULTANT reazonable
Page 8 of 10
advance notice of all intended exammahons or amhts.
B
Venue of any stat or cause of action under tins Agreement shall lie exclumvely m Denton
County, Texas Ttus Agreement shall be governed by and construed tn accordance with the
laws of thc State of Texas.
For purposes of tins Agreement, the parties agree tint Leslie A Jceke ("Jeske"), of the firm of
Soluhent GeoSc~ences, Inc shall serve as the Project IVI~ag~r for CONSULTANT
respechng thi.q engagement This Agreement h~.q been entered mto with the understanding
that Jeske shall serve as the CONSULTANT's ProJect Manager and will be the key person
serving the OWNER on th~ ProJect. Any tnoposed changes requested by CONSULTANT,
respecOng Jeske serving as the Project Manager on the ProJect, shall be subject to the
approval of the OWNER, which ~Jp~oval the OWNER shall not unreasonably vathhold
Nothmg hraeia shall hm~t CONSULTANT fi-om using oflm' qnnhfled and competent
membets of its firm to perform the other services required lmeia, under its supervmon or
control
CONSULTANT mhall commence, ean'y on, and complete its wo~ on tho ProJect w~th all
apphcable dm-patch, and in a sound, eeonouncal, efficient maun~, and tn accordance with the
proxqsions hereof. In aocompl!.~hmg thc Preje~ CONSULTANT ~hall take such steps as are
appropriate to ensure that the work revolved is properly coordmm, ed with related work b~ng
enmed on by the OWNER
.E
The OWNER shall assist and fully cooperate with CONSULTANT by piscmg at the
CONSULTANT's chsporad all available mform~on pefanent to the Project, including
premous reports, any other dnta relative to the Project and m~aagtng for the access to, and
make all prowslons for the CONSULTAHT to enter tn or upon, pubhc and private propeax'y
as requm:d for the CONSULTANT to ~ prof~aonal sernces under tins Agrexanont
OWN'ER and CONSULTANT agree that COhlSULTA_NT is entitled to rely upon
background mforrnA~on fummhed to It by OWNER wdt~out the need for further mqmry or
investigation rote such information.
F
The captions of tins ~t are for mform~anal proposes only and shall not in any way
affect the substantive trams or conditions of thru AgreemenL
IN WITNESS WHEREOF, tho C~ty of Danton, Texas has executed tlus Agreement m four
(4) on.hal counterparts, by and through lts duly authorized City Manager, and CONSULTANT
~ e-4ecuted thru Agreemeg, t by ,and through its duly authorized undersigned officer, on flus the
~b6, day of~ 2004, but to be effect!ye on the l~t day of Octuber. 2004
Page 9 of' 10
ATTEST,
J'ENNilq~R WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
I~RBERT L PROUTY, CITY ATTORNEY
CITY OF DENTON, TEXAS
A Munimpal Corporation
"CONSI~TANT"
Ki'rL ENGINEERS & CONSULTANTS, INC
A Corporation
ATTEST
S ~ l~:m~nts'Cmtraet;~O4~T'fL ~agm~rs-l.~dfill4'SA
Page 10 oflO
ETTL ENGINEERS & CONSULTANTS INC.
GEOTEQ'INICAL * MAlr=I.~RL8 · EHV1RONMEN1AL
Tyl~, Tex~s
David Dug~r
~ ~,~m. Sup~in~t
city of De~oa
~166 Fozter Road
Denton, Tx. 76208
PROPOSAL
~ HYDROGEOLOGICAL CONSULTIt~ ~ ANALYTICAL .~RVICES
t:rrY O1~ DRN'~ON IANDI~.L (MSW PERMIT NO. I~0A)
D~NTON (BENTON COUNTY), TEXAS
F~~ (~=m~,. ('~X~) ~x,,~113mmxlwa~ ,~,-.~g ami Am~ysi~ P~
("OWSAP") znd 30 Te~z A,tm~i,~vo Codo (~TAC'-) §330.233-330.241 at tho above-
refimm~ ~. Th~ following discossion provid~ a dcta~cd expl~,sfion ofth~ services
provided.
EXHIBIT A
IVir. David Dug~r. City of De,on
Se.r t,m~r 3O, 2OO4
Pago 2
lo~mdm~ T~
paota~ ~blo ofpea~r~_ .~~ of~ qua~ da~
Soptembor 30, 2005 should ~ot ex_ _oecd_ _ $ 41, 772.00.
*<-i-rt. i~_o~,~.s & Ccmsultants Inc.
Leslie A. Jee~o, P.O.
PROBAI~LE CO~T F_~ r~T~
Cliy of Dram
D~on (Deut~n Cou~y), Texas
Sanilas for Chmmd Wat~ Sot~av~ l~-,..,~e ASreem~nt
(oost+15%)
mT,O.....,~ $
.qt~,ffi,~t Evaluation and
Est. 20 wens ~ $175.00/w~
Est. 3 houri ~ $115.O0/hour
Envitonm~al T~hnici~
l~t. 28 hours ~ $Si. O0~
Es~. 2 days (~ SSS.OO/da~
SnmpI;T,E Vehicle
Es~ 2% da~s O SS0.0Otday
375.00
3'75.00
$ 3,soo.oo
345.00
810.00
100.00
170.00
150.00
162.50
125 O0
Pag~ 1 of 2
EXHIFlIT FI
~ROB~L~ COST ~S'm~T~ - co~rrmu~
(s~ptm~ 3o, 20o4)
AxNNUAL TO'rA~'~ ........ $ 41,772.00
Pn~2of 2