2003-339ORDINANCE NO. 2003-
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 hydrogeological consulting and analytical serviees for the City
pertaining to the City of Denton Landfill (MSW Permit No. 1590A); the City Council has
engaged ETTL for a number of consecutive 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, 2003, and the timing involved in the contract approval process dictates
that this ordinance be ratified and approved effective as of October 1, 2003, which
continues the professional services contracted by the City with ETTL for similar services
for the City's landfill, without interruption, for the past twelve months; 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
pmvider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair 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 substantially 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.
SECTION 4: That the effective date of the Professional Services Agreement
approved hereby, is hereby ratified and made effective as of the 1st day of October, 2003.
SECTION 5: 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 ,~,~/c5-~ day of ~t~t/j ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinances\03~ETTL Engineers-Landfill-PSA 2003-2004 ord.doc
2
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT
FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
PERTAINING TO THE CITY OF DENTON LANDFILL
THIS AGREEMENT is made, entered into, and effective as of the 1a day of October, 2003, by
and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at
215 East MeKinney Street, Demon, Texas 76201 0aemin~er "OWNER"); and ETTL Engineers &
Consultants, Inc., a Corporation, with its corporate office at 1717 East Erwin Stree!, Tyler, Texas
75702~6398 (heminatter "CONSULTANT"); the parties acting herein by and through their respective
duly-authorized representatives and officers.
WITNESSETH, that in comideration of the covenants and agreements herein contained, the
parti, es hereto do mutually AGREE as follows:
ARTl(2I J~ 1
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated
in the Articles to follow, with diligence and in accordance with the professional standards customarily
obtained for such services in the State of Texas. The professional services set forth herein are in
connection with the following described project (the "Project"):
Providing professional hydrogeological consulting and analytical services pertaining to the City of
Denton Landfill (MSW Permit No. 1590A) for the period beginning on October 1, 2003 and ending on
September 30, 2004. ETTL shall serve as the OWNER's professionnl senrices consultant relat'rve to all
landfill ground-water monitoring, data review, reporting (including, without limitation, two semi-
annual detection ground-water monitoring events), and general geological and hydrogeological
consulting services, where needed on the Project.
AR'IICI .I~ Il
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner:
To perform all those services as are set forth in the CONSULTANT's "Proposal" to the City of
Denton, Texas contained in that certain three (3) page letter fi.om Leslie A. Jeske, P.G.,
Operations Manager/Hydrogeologist of CONSULTANT to David Dugger, Landfill
Superintendent of OWNER, dated August 1, 2003, which letter is attached hereto as Exba'bit
"A" and is incorporated herewith by reference.
If there is any conflict that arises between the terms of this Agreement and the "Probable Cost
Est'unate" (August 1, 2003), Exba'bit "B" attached to this Agreement, then the terms and
conditions of Exhibit '13 shall control over the terms and conditions of the Agreement.
ARTICJ,I~ Ill
ADDITIONAL SERVICES
Any Additional Services to be performed by CONSULTANT, if authorized by OWNER, which
are not included as Basic Services in the above-descnqxxl Scope of Services, set forth in Article II
above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing,
the scope of such Additional Services, the amount of compensation for such additional services, and
other essent'ml terms pertaining to the provision of such Additional Services by CONSULTANT. A
partial listing of poss~le Additional Services and the hourly rotes and the amounts therefor, are set
forth on page two (2) of the "Probable Cost Estimate" which is attached hereto as Exhibit "B" and
incorporated by reference herewith.
AR TlCI .~ IV
PERIOD OF SERVICE
The parties hereby agree that in any event, this Agreement shall be effective as of October 1,
2003. Work shall commence upon the ~mance of a notice to proceed to CONSULTANT by the
OWNER. This Agreement shall remain in force for the period which may reasonably be required for
the completion of the Project, including Additional Services, if any, and any required extensions
approved by the OWNER, or until September 30, 2004, whichever event shall first occur. This
Agreement may be sooner terminated in accordance with the provisions herco£ TIME IS OF THE
ESSENCE IN TH~ PERFORMANCE AND COMPLETION OF THIS AGREEMENT.
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expeditiously as poss~le and to meet the schedule(s) reasonably established by the OWNER, acting
through its Director 0f Solid Waste or his desi~ee.
. ARTICZ .12 V
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense [other than "per diem" expense],
based upon actual cost plus fifteen (15%) percent, for any out-of-pocket expense
reasonably incurred by the CONSULTANT related to its performance of this Agreement,
for long distance telephone charges, telecopy charges, messenger services, printing and
reproduction expenses, out-of-pocket expenses for purchased computer fnne, prudently
incurred travel expenses related to the work on the Project, and s'anilar incidental expenses
incurred in connection with the Project.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be performed by CONSULTANT herein,
OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic
Services tasks set forth in the Scope of Services as shown in Article I/above; as follows:
1. CONSULTANT shall perform its work on this Project on an hourly fee basis, plus
Co
reimbursement for all reasonably incurred om-of-pocket expenses, billed monthly, or for longer
periods of time. CONSULTANT shall bill from time sheets, in nfiuimum aA hour increments of
time, at the. rates and subject to the terms set forth in CONSULTANT's "Probable Cost
Estimate" which is contained in Exhibit "B" heretofore referred to in Article III. OWNER shall
pay to CONSULTANT for its professional services perfonued, and for its out-of pocket
expenses incurred in the Project, a total amount not to exceed $40,897.52.
2. Partial payments to the CONSULTANT will be made monthly based on the percent of
aetuai completion of the Basic Services, rendered to and approved by the OWNER through its
Director of Solid Waste or his designee. However, under'no circumstances shall any monthly
statement for services exceed the value of the work performed at the tkne a statement is
rendered. The OWNER may withhold the final ten (10°,4) percent of the above not-to-exceed
mount until satisfactory completion of the Project by CONSULTANT.
3. Nothing contained in this Article shall require the OWNER to pay for any work that is not
submitted in compliance with the terms of this Agreement. OWNER shall not be required to
make any payments to CONSULTANT at any time when CONSULTANT is in default under
this Agreement.
4. It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional payments by
the OWNER for any charge, expense or reimbursement above the not-m-exceed amount as
stated hereinabove, without first having obtained the prior written authorization of the OWNER.
CONSULTANT shall not proceed to perform any services to be later provided for under
Article m. "Additional Services" without first obtaining prior written authorization fi.om the
OWNER.
ADDITIONAL SERVICES: For Additional Services authorized in writing by the OWNER
in ~4ele m. h k ove, CONSULTANT shall be paid based on a m-be-agreed-upon
Schedule of Charges. Payments for Additional Services shall be due and payable upon
subraission by the CONSULTANT, and shall be in accordance with Exl~'bit "B" attached hereto,
and Article V.B. hereinabove. Statements for Basic Services and any Additional Services shall
be submitted to OWNER no mere fi.equently than once monthly.
PAYMENT: If the OWNER fafl~ to make payments due the CONSULTANT for services
and expenses within forty-five (45) days at~er receipt of the CONSULTANTs tmdisputed
statement thereof~ the amounts due the CONSULTANT will be increased by the rate of one
percent (1%) per month fi.om and at~er the said forty-filth (45th) day, and in addition, thereafter,
the CONSULTANT may, at, er giv~g ten (10) days written notice to the OWNER, suspend
services under this Agreement until the CONSULTANT has been paid in full for all aranunts
then due and owing, and not disputed by OWNER, for services, expenses and charges.
Provided, however, nothing herein shall require the OWNER to pay the late charge of one
percent (1%) per month as set forth herein, if the OWNER reasonably determines that the
CONSULTANT's work is not submitted in accordance with the terms of this Agreement, in
accordance with Article V.B. of this Agreement, and OWNER has promptly notified
CONSULTANT of that fact in writing.
ARTI'~T .D, MT
OBSERVA'I~O~ AN~ R~V~W OF ~ WOR~
The CONSULTANT will exercise reasonable care and due d'fligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT.
AR'T'ICT .~
OWN~P.~H~ O~ DO~S
All documents prepared or furnished by the CONSULTANT pursuam to this Agreement are
lustmments of service and shall become the property of the OWNER upon the termination of this
Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents
prepared and furnished by the CONSULTANT are intended only to be applicable to this project and
OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the
event the OWNER uses the Agreement in another project or for other purposes than specified herein
any of the information or materials developed pursuant to this Agreement, CONSULTANT is released
fi'om any and all liability relating to their use in that project.
AR T I'C~I' ,1~, ~
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any fight arising bom employee
ARq'ICI.R IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold hannless the OWNER and its officials,
officers, agents, attorneys and employees fi~om and against any and all liab'flity, claims, demands,
damages, losses and expenses, including but not limited to court costs and reasonable attorney fees
ineuned by the OWNER, and including without limitation damages for bodily and personal injury,
death, or property damage, resulting t~om the negligent acts or omissions of the CONSULTANT or its
officers, shareholders, agents, attorneys and *n~loyees in the execution, operation, or performance of
this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not a party
to this Agreement and nothing hcrdn shall waive any of the party's defenses, both at'law or equity, to
any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the
defense of governmental inunanity, which defenses are hereby expressly reserved.
AR TICI ,F, X
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall maintain
the following insurance with an insurance company licensed to do business in the State of Texas by the
State Insurance Board or any successor agency, that has a rating with A. M. Best Rate Carriers of at
least an "A-" or above:
Comprehensive General Liab'flity Insurance with bodily injury limits of not less than $1,000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate.
Automobile Liab'dity Insurance with bodily injury limas of not less than $1,000,000 for each
person and not less than $1,000,000 for each accident and with property damage limits for not
less than $I00,000 for each accident.
Worker's Compensation Immmnco in accordance with stalutory requirements, and Employer's
Lhbility Insurance with limits of not less than $100,000 for each accident.
Professional Liab'flity Insurance or appropriate Errors & Omissions Inmmuee with limits of not
less than $1,000,000 annual aggregate.
CONSULTANT shall fumiah insurance certificates or insurance policies at the OWNER's
request to evidence such coverages. The insurance polkies shall name the OWNER as an
additional insured on all such policies to the extent that is legally poss~le, and shall contain a
provision that such insurance shall not be cancelled or modified without thirty (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, deliver copies of any such
substinlte policies, fur~qhing at least the same policy limits and coverage, to OWNER.
ARTICI.V~ Xq
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties will make efforts to settle any disputes arising under this Agreemem by sub~,sk~ing
the dispute to arbitration or other means of alternate dispute resolution such as mediation. However,
no arbitration or other form of alternate dispute resolution arising out of; or relating to this Agreement
involving one party's disagreement may include the other party to the disagreement withom the other's
approval.
ARTIC~ ,l~
TERM]NATION OF AGREEMENT
Notwithstandin£ any other provision of this Agrcement, either p~./ may terminate this
Agreement by providing thirty (30) days advance written notice to the other party.
This Agreement may alternatively be terminated in whole or in part in the event of either party
substantially failing to fififill its obligations under this Agreement. No such termination will be
effected unless the other party is given (1) written notice (delivered by cert'flied mail, return
receipt requested) of intent to terminate and setting forth the reasom specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure;
and (2) an opportunity for consultation with the terminating party prior to termination.
If the Agreement is temaJnated prior to completion of the services to he provided hereunder,
CONSULTANT shall inunediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNER within twenty
(20) days after the date of termination. The OWNER shall pay CONSULTANT for all services
properly ~ndered and satisfactorily performed, and for reimbursable expenses prior to notice of
termination being received by CONSULTANT, in accordance with Article V. of this
Agreement. Should the OWNER subsequently contract with a new consultant for the
continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant. If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to mm over the Project to a new consultant.
CONSULTANT shall turn over all documents tnepared or furnished by CONSULTANT
pursuant to this Agreement to the OWNER on or before the date of termination, but may
maintain copies of such documents for its ties.
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
respons~dity and liability of the CONSULTANT, its officers, ~n~loyees, or agents, for the accuracy
and competency of thek work performed pursuant to thi~ Agreement; nor shall such approval by the
OWNER be deemed as an assumption of such responstbility by the OWNER for any defect in the work
prepared by the CONSULTANT, its principals, officers, employees, and agents.
NOTICES
All notices, con~unications, and reports required or permitted under this Agreement shall be
personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in the
United Sates mail at the addresses shown below, postage prepaid, certified mail> ~ receipt
To CONSULTANT:
To OWNER:
ETTL Engineers & Consultants, Inc.
Leslie A. Jeske, Operations Menager/Hydrogeologist
1717 East Erwin Street
Tyler, Texas 75702
Fax: (903) 595-6113
City of Denton, Texas
Michael A. CondutE City Manager
215 East McKinney Street
Denton, Texas 76201
Fax: (940) 349-8596
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days atter mailing of the notice, whichever event shall first
Oceur.
ARTICJ .F~ X'V
ENTIRE AGREEMENT
This Agreement consisting of ten (t0) pages and two (2) Exhibits thereto, said Exhxbits
consisting of three (3) and two (2) pages respectively, constitutes the complete and final expression of
the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their
agreements, and supersedes all prior corl~$11tlyoralleous offers, promises, representations, negotiations,
discussions, communications, understandings, and agreements which may have been made in
connection with the subject matter of this Agreement.
ARTI'I~T.~.. ~
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be
invalid or unerffo~le, it shall be considered severable from the remainder of this Agreement, and
shall not cause the remainder to be invalid or unenforceable. In such evem, the parties shall reform this
Agreement, to the extent reasonably poss~le, to replace such stricken provision with a valid and
enforceable provision which comes as close as poss~le to expressing the original intentions of the
parties respecting any such stricken provision.
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, bcal laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereundex, as they may now read or
ARTICL~ ~
DISCRIMINATION PROHIBITED
In perform~g the services required hereunder, CONSULTANT shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
AR TIC1.1~
PERSONNEL
ho
CONSULTANT represents that it has or will secure at its own expense all personnel required to
perform all the services required under this Agreement. Such personnel shall not be employees
or officers off nor have any contractual relations with the OWNE1L CONSULTANT shall
i~mediately inform the OWNER in writing of any conflict of interest or potential conflict of
interest that CONSULTANT may discover, or which may arise during the term of this
~t.
OWNER requires that CONSULTANT carefully safeguard all documents, data, and information
provided by OWNER to CONSULTANT incident to this engagement. CONSULTANT
recognizes that such documents; data; and information; involve sensitive, competitive issues; in
some cases, confidential information; and in some cases proprietary information; and the
disclosure of such information by CONSULTANT to any third party, withom the express
written consent of OWNER, is expressly prohibited by OWNER, and would likely cause
economic loss and detriment to OWNER. Any such unauthorized disclosure of information by
CONSULTANT ~hall constitute an act of defimlt respecting this Agreement. CONSULTANT
represents to OWNER that it will safeguard OWNER's information and will, upon OWNER'S
reasonable request, provide OWNER with CONSULTANT'S policies regarding its procedures
for identifying conflicts of interest, and its procedures and safeguards which are in place which
would apply to CONSULTANT'S treatment and handling of OWNER'S docun~nts, data, and
information during this engagement.
C. All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement, shall
be qualified, and shall be authorized and permitted under applicable state and local laws to
perform such services.'
ARTTCT .1~, ~
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this mt and shall not transfer any
interest in this Agreement (whether by assignment, novation or otherwise) without the prior written
consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of its name as
well as of any material change in its corporate structure, its location, and/or in its operations.
AR TTCT .~'. x, OXT
MODIFICATION
NO waiver or modification of this Agreement or of any covenant, condition, limitation herein
comained shall be valid unless in writing and duly executed by the party to be charged therewith. No
evidence of any waiver or modification shall be offered or received in evidence in any proceeding
arising between the parties hereto om of or affecting this Agreement, or the rights or obligations of the
parties hereunder, unless such waiver or nx)dification is in writing, duly executed. The parties further
agree that the provisions ofthis Article will not be waived unless as herein set forth.
ARTTC~ .l~ ~
MISCELLANEOUS
CONSULTANT agrees that OWNER shall, until the expiration of three O) years after the final
pgyment made by OWNER under this Agreement, have access to and the right to exaafine any
directly pertinent books, documents, papers and records of the CONSULTANT involving
lmnmctions relating to this Agreement. CONSULTANT agrees that OWNER shall have access
during normal working hours to all necessary CONSULTANT theilities and
shall be provided adequate and appropriate working space in order to conduct
examinations or audits in compliance with this Article. OWNER shall give CONSULTANT
reasonable advance notice of all intended examinations or audits.
Venue of any suit or muse of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the taws
of the State of Texas.
For purposes of this Agreement, the parties agree that Leslie A. Jeske ("Jeske") shall serve as the
Project Manager of CONSULTANT respecting this engagement. This Agreement has been
entered into with the understanding that Jeske shall serve as the CONSULTANT's Project
Manager and will be the key person serving the OWNER on this Project. Any proposed
changes requested by CONSULTANT, respecting Jeske serving as the Project Manager on the
Project, shall be subject to the approval ofthe OWNEIL which approval the OWNER shall not
unreasonably withhold. Nothing herein shall limit CONSULTANT from using other qualified
and competent members of its finn to perform the other services required herein, under its
supervision or control.
CONSULTANT shall co~e, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisiom hereo£ In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the OWNER.
The OWNER shall assist and fully cooperate with CONSULTANT by placing at the
CONSULTANTs disposal all available information pertinent to the Project, including previous
reports, any other data relative to the Project and ananging for the access to, and make all
provisions for the CONSULTANT to enter in or upon, public and private property as required
for the CONSULTANT to perform professional services under this Agreement. OWNER and
CONSULTANT agree tlmt CONSULTANT is entitled to rely upon background information
forni~hed to it by OWNER without the need for further inquiry or investigation into such
information.
The captions of this ~ment are for informational purposes only and shall not in any way
affect the substantive terms or conaitiom ofthis Agreement.
IN WITNESS WHEREOF, the C~y of Denton, Texas has executed this Agreemem in four (4)
orJ~t:fnal counterparts, by and through its duly authorized City Manager; and CONSULTANT. ha~
executed t,~ Agree)mere by and through its duly attthofized undersigned officer, on this the ,~/,"5~
dayof [~t~2'Jf ~4~fl.~ ,2003, but to be effective on the 1~ day ofOctober, 2003.
CITY OF DENTON, TEXAS
A Municipal Corporation
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
"CONSULTANT"
ETTL ENGINEERING & CONSULTANTS, INC.
A Corporation
ATTEST:
S:g)ur Doetunems~onUa~3',ETTL g ~mAme~s-LandfilI.PSA 2003-2004.doc
m mETTL
ENGINEE.RS & CyNSULTANTS INC.
GEOTECHNICAL MATERIALS ENVIRONMENTAL
August 1, 2003
Tyler, Texas
David Dugger
Landfill Superintendem
City of Denton
5166 Foster Road
Denton, Tx. 76208
PROPOSAL
2004 HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
CITY OF DENTON LANDFILL (MSW PERMIT NO. 1590A)
DENTON (DENTON COUNTY), TEXAS
Dear Mr. Dugger:
In accordance with your recent request, ETTL Engineers & Consultants Inc.
(ETrL) is pleased to submit the following proposal for providing hydrogeological
consulting and analytical services at the City of Denton (the City) landfill for a one-year
period commencing October 1,2003. ETTL will serve as thc City's professional services
consultant relative to all landfill ground-water monitoring, data review, reporting, and
general geological and hydrogeological services, where needed.
Scope of Services
As we understand it, the work will consist of conducting semi-annual ground-water
monitoring events and reporting in accordance with the existing Texas Commission on
Environmental Quality- ("TCEQ") approved Ground-water Sampling and Analysis Plan
("GWSAP') and 30 Texas Admini~[[afive Code ('°TAC") §330.233-330.241 at the above-
referenced facility. The following discussion provides a detailed explanation of the
services provided.
Hydrogeological Consulting - includes 1 ) generation and on-going maintenance
of a data base of existing ground-water chemical data, 2) management and
direct supervision of ground-water monitoring events, 3) review of analytical
data, 4) preparation of semi-am'atari ground-water monitoring reports and
statistical evaluations, 4) evaluation and submittal of site-appropriate statistical
analysis method(s), and 5) correspondence with TCEQ regarding ground-water
quality issues. The City will be continually informed of all monitoring results
HOME OFFICE: TEXARKANA: LONGVIEW.
1717 East Erwin Street 210 Beech Street 707 West Cotton Street
Tyler1 Texas 75702-6399 Toxarkana. Ari<arlsas 71854 Lo~gview, Texas 75604-5505
Office: (903) 595-4421 Office: (870) 772-0013 Office: (903) 758-0402
Lab: (903) 595-6402 Fax: (870) 216-2413 Fax: (gO3) 758-8245
Fax: (go3) 595-6113
EXHIBIT A
Mr. David Dugger, City of Denton
August 1, 2003
Page 2
and provided on-going recommendations and opinions regarding necessary
action, if needed.
Analytical Services - includes sampling and analysis of ground-water samples
collected at landfill facility in accordance with TCEQ-approvcd GWSAP. A
total of 20 monitoring wells, which comprise the facility CMSW Permit No.
1590A) ground-water monitoring system will be gauged, purged, and sampled
using dedicated, low-flow pumps and a Well Wizard¢ micropurge system In
addition, 2 leachate samples will be collected and analyzed for necessary pre-
treatments constituents as required by the waste water ~reatment plant. All
analyses will be performed using EPA-approved methods at Ana-Lab
Corporation's laboratory located in Kilgore, Texas;
SanitasTM for Ground Water Maintenance Agreement - provides for annual
upgrades and software support of SanitasTM, a statistical analysis soRware
package capable of performing s~atistical evaluation of ground-water quality
All services provided will be coordinated and performed undcr the direct supervision of
Mr. Leslie Jeske, Operations Manuger/Hydrogeologist.
Low-flow purging and sampling activities will be conducted using instnmaents and
equipment owned and main~fined by the City. In the event the instrungnts are found in
need of repair, we will notify the City promptly to insure minimal delays in completing the
scheduled monitoring events. The City will be responsible for all costs associated with
repairs and on-going maintenance.
Cost Estimate
Based upon the above scope of services and our understanding of the project, we
have prepared the attached Probable Con Estimate which shows the estimated quantities
of work and unit fees. It is estimated that the total amount oft.his contract for October 31,
2003 - September 30, 2004 should not exceed $ 40,897.S2.
In the event additional services are required beyond those detailed in this contract,
such will be performed on a time and materials basis.
You will be notified if unforeseen conditions are encountered or there is a necessivy
to change the scope of work. Additional work will not be performed without first
Mr. David Dugger, City of Denton
August 1, 2003
Page 3
obtaining your approval of the additional costs. An invoice will be submitted at the
completion of each semi-annual event. It will be based upon the actual work performed
and the unit prices shown in thc attached Probable Cost Estirrmte.
If you have any questions after rcvicwing this proposal, please do not hesitate to
contact vs. We look forward to working with you in this endeavor.
Very truly yours,
ETTL Engineers & Consultants Inc.
Leslie A. $¢ske, P.G.
Operations Manager/Hydrogeologist
Attach: Probable Cost Estimate
cc: Mike Copeland, City of Denton
PROBABLE COST ESTIMATE
(Angast 1, 2003)
Hydrogeologieal Consulting and Analytical Services
City of Denton Landfill (MSW Permit No. 1590A)
Denton (Denton Counly), Texns
Item
Sanitas for Ground Water So0~ge Maintenance Agreement
(cost +15%)
350.00
Semi-Annual Monitoring Event:
Statistical Evaluation and Reporting
Est. 20 wells @ $165.00/well
Ground-water Chemistry Review, Data Base Update, and
Report Preparation)
Hydrogeologist
Est. 3 hours ~ $110.00/hour
Geologist
Est. 9 hours @ $90.00/hour
CADD Operator (ground-water contour map)
Est. 2 hours @ $40.00faour
Environmental Technician
Est. 28 hours ~ $50.00gaour
Subsistence (lodging and meals
Est. 2 days ® $85.00/day
Sampling Vehicle
Est. 3 days ~ $50.00/day
Mileage
Est. 325 miles ~ $0.40/mile
Turbidity Meter
Est. 2½ days ~ $50.O0/day
SUBTOTAL ......... $ 350.00
$ 3,300.00
330.00
810.00
80.00
1,400.00
170.00
150.00
130.00
125.00
Page l of 2
EXHIBIT B
item
10.
PROBABLE COST ESTIMATE - CONTINUED
(August 1, 2003)
Hydrogeologieal Consulting and Analytical Services
City of Denton Landfill (MSW Permit No. 1590A)
Denton (Denton County), Texas
Cost
VOCs, Metals, and Inorganic Analyses
- MSW Permit No. 1590A (Table 5-1 Constituents OWSAP,)
Est. 27 samples (2 leaehate samples, 20 wells, & 5 QA/QC samples)
~ $498.OO/sample 13,446.00
- Additional Pre-treatment Constituents - Leachate (phosphorous,
BOD, COD, TSS, cyanide, oil & grease, & mercury)
Est. 2 samples ~ $166.38/sample 332.76
SEMI-ANNUAL SUBTOTAL ......... $ 20,273.76
(2 SEMI-ANNUAL EVENTS SUBTOTAL ........ $ 40,547.52)
ANNUAL TOTAL ......... $ 40,897.52
Additional work will be performed upon authorization by the City of Denton utilizing the
following rote schedule.
Hydrogeologist - $110.00 per hour
Geologist - $90.00 per hour
Environmental Technician - $50.00 per hour
CADD Operator - $40.00 per hour
Mileage - $0.40 per mile
Outside Services (i.e., map reproduction, color photocopies, etc.) - cost +15%
Additional Expenses (i.e., meals, lodging, etc.) - cost +! 5%
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