2002-358O ANCE NO. 2oo2-
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 services for the City
pertaining to the City of Denton Landfill (MSW Permit No. 1590A); 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, 2002, and the timing involved in the contract approval process dictates
that this ordinance be ratified and approved effective as of October 1, 2002, which
cont'mues the professional services contracted by the City with ETTL for similar services
for the 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
provider 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 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 Contract
approved hereby, is hereby ratified and made effective as of the 1st day of October, 2002.
SECTION5: That otherwise, except as stated in Section 4 hcreinabove, this
ord'mance shall become effective immediately upon its passage and approval.
P^ss~D ~o ~PROVEDt~sthe .~5.--~ dayof C//~'~/d~ ,2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinan¢¢s\02XETTL Engineers-LandfilI-PSA 2002-2003 ord.do¢
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, emered into, and effective as of the 1 ~ day of October, 2002, by
and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at
215 East McKinney Slreet, Denton, Texas 76201 Oaereimt~ '~)WNER''); and ETIL Engineers &
Consultanta, Inc., a Corporation, with its corporate office at 1717 East Erwin Street, Tyler, Texas
75702-6398, (heminatter "CONSULTANT"); the patties acting herein by and through their respective
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hea~to do nam,ally AGREE as follows:
Alt TIO. I .g. T
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 dfigence 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 desen'bed project (the "Project"):
Providing professional hydrogeologleal consulting and analytical serdc~ pertaining to the City of
Denton Lardh~l (MSW Pea'mit No. 1590A) for the period beginning on October 1, 2002 and ending on
September 30, 2003. ETrL shall serve as the OWNER's professional services consultant relative to all
landfill ground-water monitoring, data review, reporting (ine~,dlng~ without limitation, two' semi-
anmufl detection ground-watex monitoring events), and general geological and hydrogcologieal
consulting services, where needed on the Project.
ARq'ICI .~ II
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional mamx~:
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 from Leslie A. Jeske, Operatiom
Manager/Hydrogeologist of CONSULTANT to David Dugger, Latadflll Superintendent of
OWNER, dated September 9, 2002, which letter is attached hereto as Exhibit "A" and is
B. If there is any conflict that arises betwcell the terms of this Agrcemem and the Probable Cost
Estimate (September 9, 2002), Exinqfit "B" attached to this Agreement, then the t~xms and
conditions of Exhibit "B" shall control over the t~mis and conditions oftbe Agrceme~.
ARTICI' .~ lit
ADDITIONAL SERVICES
Any Additional Seawices to be performed by CONSULTANT, if authorized by OWNER, which
are not inclmted as Basic Services in the aboveqtescnt~cl Scope of Services, set forth in Article ri
above, shall be later agreed-upon by OWNER and CONSULTANT, who shall det~mlne~ in writing,
the scope of such Additional Services, the amount of compensmion for such additional services, and
other essmllal t~mts pertaining to the provision of such Additional Services by CONSULTANT. A
partial li.qting ofpossible Additional Services and the rates therefor, are set forth on page two (2) oftbe
"Probable Cost Estimate" which is attached hereto as Exhibit "B" and incorporated by reference
herewiflz
PERIOD OF SERVICE
The parties hereby agree that in any evem, this ~ shall be effective as of October 1,
2002. Work shal! co,,,~ace upon the iss,,a-ce of a notice to proceed to CONSULTANT by the
OWlqER. This Agresaa~-mt shall remain in force for the pe'riod which may reasonably be required for
the compledon of the Project, inch,ding Additiollal Services, if any, and any required extensions
approved by the OWNER, or until September 30, 2003, whichever event shall first occur. This
Agreem~ may be sooner terminated in accordance with the provisiom hercof. TIME IS OF THE
ESSENCE IN THE PERFORMANCE AND COMPLETION OF THIS AGREEMENT.
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expeditiously as pom~ole ~nd to meet the schedule(s) reasonably estab~ish,~cl by tlie OWNER, acting
through its Director of Solid Waste or his designee.
ARTIC. I .R V
COMPENSATION
COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense [other than "per diem" expense],
based upon actual cost plus ffficen (15%) percent, for any om-of-pocket expense
reasonably incurred by the CONSULTANT related to its peafo~ ofthis A~,
for long distance telephone charges, tdecopy charges, messenger services, printing and
reproduction expenses, out-of-pocket expenses for purchased computer time, prudently
incurred travel expenses related to the work on the Project, and similar incidental expenses
incurred in connection with the Project.
B. BILLING~PA~:
For and in consideration of the professional services to be performed by CONSULTANT herein,
OWNER agrees to pay CONSULTANT, based upon the satisgactory completion of the Basic
Services tasks set forth in the Scope of Services as shown in Article ri above; as follows:
I. CONSULTANT shall perform its work on this Project on an hourly fee basis, plus
Co
reimburseanent for all reasonably incurred out-of-pocket expenses, hlled monthly, or for longer
periods offime. CONSULTANT ~hall bill from time sheets, in minimum ¼ hour incremenls of
time, at the rates and subject to the terms set forth h CONSULTANT's "Probable Cost
Estimate" which is contained in Exhibit "B" heretofore referred to in Article m. OWNER shall
pay to CONSULTANT for its professional services performed, and for its out-of pocket
expenses incuned in the Project, a total amount not to exceed $40,940.48.
2. Partial payments to the CONSULTANT will be mad~ momhly be~sed on the percent of
actual completion of the Basic Services, rendered to and approved by the OWNER through its
Director of Solid Waste or his designee. However, under no circum.qances .qhall any monthly
statement for services exceed the value of the work per~nned at the time a statement is
rendered. The OWNER may withhold the final ten (10%) percent of the above not-to-exceed
amount until satisfactory completion ofthe Project by CONSULTANT.
3. Nothing contained in this Article ~hall require the OWNER to pay for any work that is not
submitted in compliance with the t~,ms of this Agreement. OWNER shall not be required to
make any payments to CONSULTANT at any time when CONSULTANT is in default under
4. It is specifically ,mderstood and agreed that the CONSULTANT ,hall not be authorized
to undertake any work pursa,ant to thi.q Agreement which would require additional payments by
the OWNER for any charge, exponse or reimm above the not-to-exceed amount as
stated bereinabove, without first having obtained the prior written authorization ofthe OWNER.
CONSULTANT ~hall not proceed to perform any services to be later provided for under
Article.Ill. "Additional Services" without first obtaining prior written authorization from the
OWNER.
ADDITIONAL SERVICES: For Additional Services authorized in x~tifiug by the OWNER
in Article III. bereimbove, CONSULTANT d~qll be paid b~ed on a to-be-agreed-upon
Schedule of C'Ynarges. Payments for Additional Services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance w/th Extnqfit "B" attached he, to,
and Azti¢le V~B. bereinabove. Statements for Basic Services and any Additional Services ~hall
be submitted to OWNER no more frequently than once monthly.
PAYMENT: If tbe OWNER fail.q to make payments due the CONSULTANT for services
and exlxaZses within forty-five (45) days alter receipt of the CONSULTANTs undisputed
statement thereof; the amounts due the CONSULTANT wgl be increased by the rate of one
percent (1%) per month from and alter the said forty-fifth (45th) day, and in addition, thereafter,
the CONSULTANT may, alter giving ten (10) days written notice to the OWNER, suspend
services under this Agreement until the CONSULTANT ha~q been paid in fifll for all amounts
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 begin, if the OWNER reasonably deta,,i~s that the
CONSULTANT's work is not submitted in accordance with the t~xus of this Agreement, in
accordance with Article V.B. of thi.q Agreement, and OWNER has promptly notified
CONSULTANT of that fact in writing.
ARTIf~I J~ Vf
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due dBigenee in discovering and
promptly reporting to the OWNER any delfts or deficiencies in the work of CONSULTANT.
ARTI~!.R ~
OWNERSHIP OF DOCUMENTS
All doom~ats prepared or furnished by the CONSULTANT pursuant to this Agreement are
instruments of service and ~hall become the property of the OWNER upon the termination of this
Agreemem. The CONSULTANT is ~d~ded to ~ copies of all such documems. The documems
prepared and furni.qbed by the CONSULTANT are intended only to be applicable to this project and
OWNER's use ofthese docanaents in other projects shall be at OWN-ER's sole risk and ~. Inthe
event the OWNER uses the Agreement in another project or for other purposes than specified herein
any ofthe infoxmation or materials developed pummnt to this Agreement, CONSULTANT is released
from any and all liability relating to their use in that project.
ARTIf'J.R V3T[
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
~mtJloyee of the OWNER. CONSULTANT ~hall not have or cla'rm any right arising l~om employee
status.
ARTICI .~ 1X
INDEMNITY AGREF_~qENT
The CONSULTANT shall ind~.,.ify and save and hold harmless the OWNER and its officials,
officers, agents, attorneys and employees from and against any and all liability, claims, demands,
damages, losses and expenses, including but not l~dted to court costs and reasonable attorney fees
inOUlled by th~ OWNER, and ilXlloding without limitation damages for bocfily and personal injury,
death, or property damage, restdfing from the negligent acts or omissions of the CONSULTANT or its
officers, .qhareholders, agents, attorneys and ~,loyees in the execution, operation, or performance of
this Agreement.
Nothing in this Agreemem shall be construed to create a liability to any person who is not a party
to this Agreement and nothing herein shall waive any of the partes 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 govelrnmelltal ;t~mi,lllity, which defeakqes are hereby expressly reserved.
ARTICJ,~ X
INSURANCE
During the performance of the Services ~mder thi~ Agreement, CONSULTANT shall maktain
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 mtlng with A. M. Best Rate Carders of at
least an "A-" or above:
Comprehensive General LiaNTfity Insmance with bochqy injury llmits of not less than $1,000,000
for each occurrence aM 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 Liability Insurance with bod~y injury lh,,;;s 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 $100,000 for each accident.
Workers Compensation Inmmm~ in accordance with statutory requirements, and Employer's
Lhbility Insurance with limits of not less than $100,000 for each accident.
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Professional Umbility Insurance or appropriate Errors & Omissions Instmmce with Ih,,;;s of not
less than $1,000,000 annual aggregate.
Eo
CONSULTANT ~qhall rural.ah inst,,race cca'tifimtes or inanance policies at the OWNER's
request to evidance such coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent that is legally po~'ble, a~ ahall contain a
provision that such insurance ahall not be cm~elled or modified without thirty 00) days prior
written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall~ plior
to tl~ effective date of the change or cancellation of coverage, deliver copies of any such
sul~titate policies, fi~mi~hing at least the same policy lh,,?,:s and coverage, to OWNER.
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The pmedas w~l make efforts to settle any disputes arising under this Agreement by sulanitting
the dispute to a,b?uution 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 Agreemmt
involving one party's disagreement may include the other party to the disagreemem without the other's
approval.
ARTIST Iq ~
TERMINATION OF AGREEMENT
A. Notwitl~andlng any other provision of this Agreement, either party may terminate thiq
Agreement by proviaing thirty 00) 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 ~aillng to folfil! its obligations ,reeler this Agreeing. No such termination w~l be
effected anless the other party is given (1) written notice (delivered by certified man, return
receipt requested) of intent to terminate and s~tting forth the reasons specifying the
nonpeff~mmnce 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.
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If the Agreement is terminated prior to completion of the services to be provided heremader,
CONSULTANT shall hna-~liately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNER w~thin twenty
(20) days aider the date oft~,,~h~tion The OWNER shall pay CONSULTANT for all soMces
properly rendered and satisfacmn~ 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 cot/t-act with a new consultant for the
continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the now consultant. If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to turn over the Project to a now collsultaxg.
CONSULTANT shall turn over all docoments prepared 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 files.
ARTW5 J~ Xlll
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
respollsibl~ty and liability of the CONSULTANT, its officers, employees, or agents, for the accuracy
and competency of their work performed pursuant to this Agreement; nor shall such approval by the
OWNER be deemed as an as~m~, 'on of such respomib~ity by the OWNER for any defect in the work
prepared by the CONSULTANT, its pffmcipals, officers, employees, and agents.
ARTI'C~I 1~ XrlV
NOTICES
personally delivered to; or telecopied to; or mailM to the respective parties by depos'rdng same in the
United States mail at the addresses shown below, postage prepaid, certitied man~ return receipt
To CONSULTANT:
To OWNER:
ETTL RnEineers & Consultants, Inc. City of Denton, Texas
Leslie A. Jeske, Mgr. of Hydrogeologieal Services Michael A. Conduff; City Manager
1717 East Erwin Slreet 215 East MeKinnoy Street
Tyler, Texas 75702 Denton, Texas 76201
Fax: (903) 595-6113 Fax: (940) 349-8596
All notices under this A~ shall be efi~tive upon their actual receipt by the party to
whom ~_ch notice is given, or three O) days after marlinE of the notice, whichever event shall first
occur.
ART[CI J~ XV
ENTIRE AGREEMENT
This Agrcemm consisting of ten (10) pages and two (2) Exht~oits the~o, said Extn'bits
consi.qting of three (3) and two (2) pages respectively, constitutes the complete and final expression of
the Agreem~ of the parties and is intended as a complete and exclusive staternont of the terms of their
agreements, and supersedes all prior cont~mlJoranoous offers, promises, representations, negotiations,
discussions, com~,~unicafions, tnderstandings, and agrcemenls which may have been made in
conneotion with the subject matter of this Agreement.
ff any provision of this Agreem~ is found or deemed by a court of competent jurisch'ction to be
invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and
shall not cause the remah~der to be invalid or tmenforceabl¢. In such event, the pa~des shall reform ~his
Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to extaesshg the original intentions of th~
parties respecting any such stricken provision.
ARTICI ]~. YVll
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, local laws, rules, mg.l~ons, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or
DISCRIMINATION PROHIBITED
In performing the services required here, ruder, CONSULTANT shall not di~-rl~inute again~
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
ARTICI .IR ~
PERSONNEL
CONSULTANT xepmsents that it has or w~l secure at its own expense all personnel required to
perform all the services required under thig Agreement. Such personnel shall not be employees
or officers of; nor have any coaWactual relatiom with the OWNER. CONSULTANT ghall
inunediately 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
agreement.
Bo
OWNER requires that CONSULTANT carefully safeguard all doc~m~'nts, data, and information
provided by OWNER to CONSULTANT inektent to this engagement. CONSULTANT
recognizes that such docmnents; data; and information; involve sensitive, competitive issues; in
some cases, confidential infonnalion; and in some cases proprietary inibrmation; and the
disclosure of such information by CONSULTANT to any third pan'y, withouI the express
written consent of OWNER, is expressly prolfftited by OWNER, and would l~¢ly cause
eCOllOmic loss and ckcllilllellt to O~qER. Ally such llnma~orized disclosure of information by
CONSULTANT shall constitute an act of default respecting this Agreement. CONSULTANT
xelaesents 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 contticts of interest, and its procedures and safeguards which are in place which
would apply to CONSULTANT'S troamnem and I0mutllng of OWNER'S documents, data, and
information during this e~gageme~.
Co
All services required hereunder will be performed by CONSULTANT or under its direct
supervisiom All personnel engaged in performing the work provided for in this Agreement, shall
be q, alified, and shall he authorized and pemaitted under applicable state and local laws to
p~ffurm such services.
ASSIGNABILITY
The CONSULTANT shall not assign any ~te~st in this Agreem~ and shall not tmmfer any
interest in this Agrcemem (whether by ~ 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 operatiom.
ARTIf~I.I~. xrxr[
MODIFICATION
No waiver or modlllcalion of ,hig Agreement or of any covenant, cor~lition, limitation herein
contained ghall be valid unless in wriii,,g and duly executed by the party to be charged ~ No
evidence of any waiver or modification shall be ofl'cn~cl or received in evidence in any proceeding
arising between the parties hereto out of or affecting this Agreement, or the rights or obligations.of the
parties here~mder, unless such waiver or modification is in writing, duly executed. The parties further
agree that the provisions of this Article will not be waived unlass as he~qn set forth.
ARTIfS'.R ~
MISCELLANEOUS
CONSULTANT agrees that OWNER shall, tmtil the expiration ofthrce (3) years aRer the final
payment made by OWNER under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of the CONSULTANT involving
transactions rebting to this Agreem~t. CONSULTANT agrees that OWNER ~hall hav~ access
during normal working houxs to all necessary CONSULTANT facilities and
shall be provided adequate and ~lJ~opriate working space in order to conduct
examls~ons or a.rllts in compliance with this Article. OWNER ~hall give CONSULTANT
reasonable advance notice of all intended examinations or o-dits.
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Venue of any suit or cause of action ~mcler this Agreemen~ shall lie exclusively in Demon
County, Texas. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas.
For purposes ofthi.q Agreement, the parties agree that Leslie A. Jeske ("Jeske") shall serve as the
Project Manager of CONSULTANT respecting thi~ engagenxmt. This Agreemem h~q been
entered into with the ullderstunding tlmt Jtmke shall serve as th~ CONSULTANT's Project
Manager and will be the key person serving the OWNER on this Project. Any proposed
changes requested by CONSULTANT, respecting Jaske serving as the Project Manager on the
Project, shall be subject to the approval of the OWNER, which approval the OWNER shall not
unxeasonably withhold. Nothing herein shall limit CONSULTANT from using other qualified
CONSULTANT shall ex, J,,.~mce, cam7 on, and complete ~ work on the Project with all
applicable dispatch, and in a so~md~ economical, effieiant ma~er, and in accordance with the
provisions bereo£ In accomplishing the Project, CONSULTANT shall take such steps as ~e
appropriate to ensure that the work involved is properly coord'ma~ed with related work being
carried on by tbe OWNER.
The OWNER shall assist and fully cooperate with CONSULTANT by placing at the
CONSULTANT's disposal all ava~ble im'brmation ~ctluent to the Project, including previous
reports, any other dm~ 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 that CONSULTANT is entitled to rely upon baclqp'ound information
furnished to it by OWNER without the need for further inquiry or investigation into such
information.
The captions of this Agreetmm are for informational purposes only and shall not in any way
affect ~be substantive terms or conditions of this Agreem~.
IN WITNESS WHEREOF, tbe City of Denton, Texas has executed this Agreem~ in roux (4)
original counterparts, by and through its duly-authorized City Manager; and CONSULTANT, ~has
executed thi~ ~ by azld through its dttly-authorized .tl~ '.~, ,~o~x~r, on thi.~ the C~-L~
dayof ~/'/~/A;~ ,2002, but to be effeetive on the 1 dayofOetober, 2002.
'L
~Ty~
CITY OF DENTON, TEXAS
A Municipal Corporation
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CTrY ATTORNEY
ATTEST:
"CONSULTANT"
ETTL ENGINEERING & CONSULTANTS, INC.
A Corporation
ETTL ENc: :v.e.s & CONSULTANTS INc.
GEOTECHNICAL o MATERIALS · ENVIRONMENTAL
September 9, 2002
Tyler, Texas
David Dugger
Lavdflll Superintendent
City of Denton
5166 Foster Road
Denton, Tx. 76208
PROPOSAL
2003 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. (ETTL)
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, 2002. ETTL will serve as the 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 Q,ality- ("rCEQ") approved Ground-water Sampling and Analysis Plan
("GWSAP") and 30 Texas Admlni.qtrative Code ('WAC") §330.233-330.241 at the above,
referenced facility. The following discussion provides a detailed explanation oftbe 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-anmml 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 continnally informed of all monitoring results and
HOME OFFICE:
1717 East Erwin Strast
Tyler, Texas 75702-6398
Office: (903) 595-4421
Lab: (903) 595-6402
Fax: (903) 595-6113
TEXARKANA:
210 Beech Street
Texarkana, Arkansas 71854
Office: (870} 772-0013
Fax: (870) 216-2413
LONGVIEW:
707 West Cotton Street
Longview, Texas 75604-5505
Office: (903) 758-0402
Fax: (903) 758-8245
SOCIETY MEMBERSHIPS: A.S.T.M.A.C..I.L T.C.E.L.A.$.C.E I:S.P.E.A.I.C.H.[ N.S.EE. A.I,C.E. A,C.S, A.C,I. A.G.C.
Mr. David Dugger, City of Denton
September 9, 2002
Page 2
provided on-going recommendations and opinions regarding necessary action, if
needed.
Anal~ical Services - includes sampling and analysis of ground-water samples
collected at landfill facility in accordance with TCEQ-approved GWSAP. A total
of 20 monitoring wells, which comprise the facility (MSW 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 treatment plant. All analyses will be
performed using EPA-approved methods at ETTL's laboratory located in Tyler,
Texas;
SanitasTM for Ground Water Maintenance Agreement - provides for annual
upgrades and software support of SanitasTM, a statistical analysis software
package capable of performing statistical evaluation ofgroand-water qnallty data
All services provided will be coordinated and performed under the direct supervision of Mr.
Leslie Jeske, Operations Manager/Hydrogeologist.
Low-flow purging and sampling activities will be conducted using instruments and
equipment owned and maintained by the City. In the event the instruments 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 Cost Estimate which shows the estimated quantities of work
and unit fees. It is estimated that the total amount of this contract for October 31, 2002 -
September 30, 2003 should not exceed $ 40,940.48.
In the evem 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 necessity
to change the scope of work. Additional work will not be performed without first obtaining
your approval of the additional costs. An invoice will he submitted at the completion of each
Mr. David Dugger, City of Denton
September 9, 2002
Page 3
semi-annual event. It will be based upon the actual work performed and the unit prices shown
in the attached Probable Cost Estimate.
If you have any questions after reviewing this proposal, please do not hesitate to
contact us. We look forward to working with you in this endeavor.
Very truly yours,
ETTL Engineers & Consultants Inc.
Leslie A. Jeske
Operations Manager/Hydrogeologist
Attach: Probable Cost Estimate
cc: Mike Copeland, City of Denton
PROBABLE COST ESTIMATE
(September 9, 2002)
Hydrogeological Consulting and Analytical Services
City of Denton Landfill (MSW Permit No. 1590A)
Denton (Denton County), Texas
Item
Sanitas for Ground Water Software Maintenance Agreement
(cost +15%)
Cost
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 ~ $40.00/hour
Environmental Technician
Est. 28 hours ~ $50.00/hour
Subsistence (lodging and meals)
Est. 2 days ~ $85.00/day
o
Sampling Vehicle
Est. 3 days ~ $50.00/day
Mileage
Est. 325 miles ~ $0.40/mile
Turbidity Meter
Est. 2½ days ~ $50.00/day
350.00
SUBTOTAL ......... $ 350.00
$ 3,300.00
330.00
810.00
80.00
1,400.00
170.00
150.00
130.00
125.00
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Item
10.
PROBABLE COST ESTIMATE - CONTINUED
(September 9, 2002)
Hydrogeological Consulting and Analytical Services
City of Denton Landfill (MSW Permit No. 1590A)
Denton (Denton County), Texas
Cost
VOCs, Metals, and Inorganic Analyses
- MSW Pern~t No. 1590A (Table 5-1 Constituents GWSAP,)
Est. 27 samples (2 leachate samples, 20 wells, & 5 QA/QC samples)
~ $498.00/sample
- Additional Pre-treatment Constituents - Leachate (phosphorous,
BOD, COD, TSS, cyanide, oil & grease, & mercury)
Est. 4 samples @ $88.56/sample
13,446.00
354.24
SEMI-ANNUAL SUBTOTAL ......... $ 20,295.24
(2 SEMI-ANNUAL EVENTS SUBTOTAL ........ $ 40,590.48)
ANNUAL TOTAL ......... $ 40,940.48
Additional work will be p~rformed upon authorization by the City of Demon utilizing the
following rate 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 +15%
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