2001-460MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ETTL I 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, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty Council deems that ~t ~s m the pubhc ~nterest to engage ETTL
Engineers & Consultants, Ine, a Corporation, of Tyler, Texas ("ETTL"), to continue to
prowde professional hydrogeologmal consulting and analytical services for the C~ty
pertmnmg to the City of Denton Landfill (MSW Penmt No 1590A), and
WHEREAS, the C~ty staff has reported to the C~ty Councd that there ~s a
substantial need for the above-referenced professmnal consulting servmes, and that hm~ted
C~ty staff cannot adequately perform the spemahzed services and tasks w~th ~ts own
personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Servmes Procurement Act", generally prowdes that a City may not select a
provider of professional services on the basis of competitive b~ds, but must select the
prowdcr on the basis of demonstrated competence, knowledge, and quahficat~ons, and for
a fmr and reasonable price, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
,SECTION 1 That the City Manager ~s hereby authorized to execute a
Professional Services Agreement with ETTL Engineers & Consultants Inc, a Corporation,
of Tyler, Texas, for further professional hydrogeologmal consulting and analyttcal servmes
pertmmng to the City of Denton Landfill, m substantmlly the form of the Professional
Servmes Agreement attached hereto and mcorporated herewith by reference
SECTION 2 That the award of thxs Agreement by the C~ty ~s on the bas~s of the
demor~strated competence, knowledge, and quahficat~ons of ETTL and the demonstrated
abthtYlof ETTL to perform the services needed by the C~ty for a fmr and reasonable price
SECTION 3 That the expenditure of funds as prowded ~n the attached
Professional Services Agreement is hereby authorized
SECTION 4 That th~s orrhnance shall become effective immediately upon ~ts
passage and approval
'PASSED AND APPROVED thls the ]/~ dayof }~J~4J ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
r
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ~~~
S \Our Docum~nts\Ordmanc~s\01~ETTL Engineers Landfill PSA 2001 2002 ord doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
PERTAINING TO THE CITY OF DENTON LANDFILL
THiS AGREEMENT ~s made and entered into as of the 1~_~_~-1~ day of ~q~/P~/ ,
2001, by and between the City of Denton, Texas, a Texas Mumc~pal Corporation, w~th its pnnmpal
offices at 215 East McI4hrmey Street, Denton, Texas 76201 (hereinafter "OWNER"), and ETTL
Engineers & Consultants, Inc, a Corporation, w~th ~ts corporate office at 1717 East Erw~n Street,
Tyler, Texas 75702, (hereinafter "CONSULTANT"), the part~es acting here~n by and through their
respective duly-anthonzed representatives and officers
WITNESSETH, that tn cons~deratton of the covenants and agreements here~n contmned, the
part, es hereto do mutually AGREE as follows
ARTIC~I ,F, T
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts w~th CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the ProJect as
stated m the Articles to follow, w~th thhgence and ~n accordance w~th the professional standards
customarily obtained for such services m the State of Texas The professional servmes set forth
here~n are m eonnectmn w~th the following described project (the "Projecf')
Prowding professional hydrogeologmal consulting and analytical servmes pertalmng to the City of
Denton Landfill (MSW Pertmt No 1590A) for the period begmmng on the effective date of this
Agreement and ending on September 30, 2002 ETTL shall serve as the OWNER's professional
services consultant relative to all landfill ground-water momtonng, data review, reporting
(including, w~thout hrmtatlon, two sem~-annual detect~on ground-water momtonng events), and
general geologqeal and hydrogeolog~cal consulting serwces, where needed on the Project
ARTTCT ,F. IT
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Serwces m a professional manner
A To perform all those services as are set forth in the CONSULTANT's "Proposal" to the City
of Denton, contained m that certmn three (3) page letter from Les A Jeske, Operattons
Manager/Hydrogeolog~st of CONSULTANT to Dawd Dugger, Landfill Supenntendent of
OWNER, dated October 31, 2001, which letter is attached hereto as Exhibit "A" and ~s
~ncorporated herewith by reference
B If there ~s any conflict that arises between the terms of this Agreement and Exhibits "A" and
"B" attached to th~s Agreement, then the terms and conthtlons of this Agreement shall control
over the terms and cond~Uons of the attached Exhibits
s~o.,~.,..,~r~...,,~,~**~.,.~.~.,~""~o~o~ Page 1 of 11
,~,RTT~T ~, TTT
ADDITIONAL SERVICES
Any Adcht~onal Services to be performed by CONSULTANT, if authorized by OWNER,
whmh are not included as Basic Services in the above-described Scope of Services, set forth m
Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine,
~n writing, the scope of such Adcht~onal Services, the amount of compensation for such additional
services, and other essenttal terms pertmmg to the prows~on of such Adcht~onal Services by
CONSULTANT A partial hstmg of possible Adcht~onal Services and the rates therefor, are set
forth on page two (2) of the "Probable Cost Estimate" wtuch ~s attached hereto as Exl~btt "B" and
incorporated by reference herewith
ARTI(21 .F. IV
PERIOD OF SERVICE
The pames hereby agree that this Agreement shall be effecuve as of the date of C~ty Council
approval thereof, upon xts executton by OWNER and CONSULTANT, and upon the issuance of a
notice to proceed to CONSULTANT by the OWNER Tlus Agreement shall remain in fome for
the period wluch may reasonably be required for the completion of the Project, lncluchng
Adchtlonal Services, if any, and any reqmred extensions approved by the OWNER, or until
September 30, 2002, wtuchever event shall first occur This Agreement may be sooner terminated
in accordance with the prowslons hereof TIME IS OF THE ESSENCE IN THE
PERFORMANCE AND COMPLETION OF THIS AGREEMENT CONSULTANT shall make
all reasonable efforts to complete the sorwces set forth herein as expeditiously as possible and to
meet the schedule(s) reasonably astabhshed by the OWNER, acting through its Director of Sohd
Waste or h~s designee
ARTICI ,~', v
COMPENSATION
A COMPENSATION TERMS
1 "Da'eot Non-Lshor Expense" is defined as that expense [other than "per them"
expense], based upon actual cost plus fifteen (15%) percent, for any out-of-pocket
expense reasonably ~ncurred by the CONSULTANT related to ~ts performance of this
Agreement, for long d~stance telephone charges, telecopy charges, messenger serwces,
pnntmg and reproduction expenses, out-of-pocket expenses for purchased computer
t~me, prudently recurred travel expenses related to the work on the ProJect, and similar
incidental expenses ~ncurred m connecUon with the Project
B BILLING AND PAYMENT
For and m consxderat~on of the professional serwces to be performed by CONSULTANT
hereto, OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of
the Basra Services tasks set forth in the Scope of Services as shown m Article II above, as
follows
1 CONSULTANT shall perform its work on this ProJect on an hourly fee basis,
plus rennbursement for all reasonably incurred out-of-pocket expenses, billed monthly, or for
longer periods of time CONSULTANT shall bill from time sheets, in nummtun ¼ hour
,ncrements of time, at the rates and subject to the terms set forth in CONSULTANT's
"Probable Cost Estimate" which is contiuned in Exhibit "B" heretofore referred to in Article
III OWNER shall pay to CONSULTANT for ~ts profess,onal services performed, and for ,ts
out-of pocket expenses incurred m the ProJect, a total mount not to exceed $39,676 24
2 Partial payments to the CONSULTANT will be made monthly based on the percent of
actual completion of the Basic Services, rendered to and approved by the OWNER through
,ts Director of Solid Waste or his designee However, under no mrcumstances shall any
monthly statement for services exceed the value of the work performed at the time a
statement is rendered The OWNER may w~thhold the final ten (10%) percent of the above
not-to-exceed amount until satisfactory completion of the Project by CONSULTANT
3 Nothing conUuned m this Article shall reqmre the OWNER to pay for any work that ~s
not submitted m compliance with the terms of tins Agreement OWNER shall not be
requrred to make any payments to CONSULTANT at any time when CONSULTANT ,s 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 Agreemem winch would reqmre adchtlonal
payments by the OWNER for any charge, expense or re,mbursement above the not-to-exceed
amount as stated here~nabove, without first hav,ng obtained the prior written authonzation of
the OWNER CONSULTANT shall not proceed to perform any services to be later promded
for under Article III "Additional Services" w,thout first obtaining prior written authonzat, on
from the OWNER
ADDITIONAL SERVICES For Addmonal Services authorized m wntlng by the
OWNER in Article III heremabove, CONSULTANT shall be paid based on a to-be-agreed-
upon Schedule of Charges Payments for Additional Services shall be due and payable upon
sublmssmn by the CONSULTANT, and shall be in accordance w,th Exinint "B" attached
hereto, and Amcle V B heremabove Statements for Basic Services and any Add~tional
Services shall be submitted to OWNER no more frequently than once monthly
PAYMENT If the OWNER falls to make payments due the CONSULTANT for
services and expenses w~thm forty-five (45) days after receipt of the CONSULTANT's
undasputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one pement (1%) per month from and after the said forty-fifth (45th) day, and ,n
adchtlon, thereafter, the CONSULTANT may, after g,vlng ten (10) days wntten notice to the
OWNER, suspend services under this Agreement until the CONSULTANT has been paid in
full for all amounts then due and owing, and not d, sputed by OWNER, for services, expenses
and charges Prowded, however, nothing herein shall reqmre the OWNER to pay the late
charge of one percent (1%) per month as set forth here~n, if the OWNER reasonably
determmes that the CONSULTANT's work is not submitted in accordance with the terms of
this Agreement, m accordance wtth Artmle V B of thas Agreement, and OWNER has
promptly notified CONSULTANT of that fact ,n writing
AR'VICI.~ VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due dlhgence m chscovenng and
promptly r~portmg to the OWNER any defects or deficiencies m thc work of CONSULTANT
ARTICT ,I~. VTT
OWNERSHIP OF DOCUMENTS
All documents prepared or furmshed by the CONSULTANT pursuant to flus Agreement are
Instruments o£ service and shall become the property of the OWNER upon the termmatmn 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 apphcable to thas
project and OWNER's use of these documents ~n 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 reformation or materials developed pursuant to this Agreement,
CONSULTANT is released from any and all habfllty relating to their use m that project
ARTTCT .~ VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an Independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or elmm any right arising from
employee status
ARTTCT .~ IX
INDEMNITY AGREEMENT
The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, clmms,
demands, damages, losses and expenses, mcludlng but not hmlted to court costs and reasonable
attorney fees meurred by the OWNER, and including without lunltatlon damages for bodily and
personal injury, death, or property damage, resulting from the neghgent acts or ormsslons of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of flus Agreement
Noflung m flus Agreement shall be construed to create a hablhty to any person who is not a
party to flus Agreement and nothing hereto shall wmve any of the party's defenses, both at law or
equity, to any elmm, cause of action or ht~gat~on filed by anyone not a party to this Agreement,
including the defense of governmental mamumty, which defenses are hereby expressly reserved
ARTICI,F, X
INSURANCE
During the performance of the Services under flus Agreement, CONSULTANT shall
mmntmn the following insurance with an insurance company licensed to do business m the State of
Texas by the State Insurance Board or any successor agency, that has a rating v~th A M Best Rate
Camers of at least an "A-" or above
s~,,~.~,~L ~..~,~,~, ~o~ Page 4 of 11
A Comprehensive General Liability Insurance with bodily injury hnuts of not less than
$1,000,000 for each occurrence and not less than $1,000,000 m the aggregate, and w~th
property damage hmats of not less than $100,000 for each occurrence and not less than
$100,000 m the aggregate
B Automobile Dab~hty Insurance with bochly injury hmlts 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
C Worker's Compensation Insurance m accordance with statutory requirements, and
Employer's Liability Insurance math lmuts of not less than $100,000 for each accident
D Professional Llablhty Insurance or appropriate Errors & Omissions Insurance with hmlts of
not less than $1,000,000 annual aggregate
E CONSULTANT shall furmsh insurance certificates or insurance pohcles at the OWNER's
request to evidence such coverages The insurance pohcles shall name the OWNER as an
addltaonal insured on all such pohcles to the extent that ~s legally possible, and shall contain a
provision that such insurance shall not be cancelled or mochfied without tturty (30) days prior
wnttan noUee to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, dehver copies of any
such substitute pohcles, furmshlng at least the same policy limits and coverage, to OWNER
ARTICT .1~, XT
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The partxes will make efforts to settle any disputes arising under th~s Agreement by
submitting the dispute to arbitrat~on or other means of alternate d~spute resolution such as
mediation However, no arbltratmn or other form of alternate dispute resolution arising out of, or
relating to th~s Agreement revolving one party's d~sagreement may include the other party to the
disagreement without the other's approval
AR TTCI ,~ 3(11
TERMINATION OF AGREEMENT
A NotwShstandlng any other provision of fins Agreement, e~ther party may terminate this
Agreement by provid~ng tturty (30) days advance written notice to the other party
B Th~s Agreement may alternatively be terminated m whole or m part m the event of either
party substanlaally faflmg to fulfill its obhgataons under this Agreement No such termmataon
mall be effected unless the other party is g~ven (1) written not~ce (delivered by certified mml,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thn'ty (30) calendar days to cure the
failure, and (2) an opportumty for consultation with the terminating party prior to
termination
C If the Agreement is terminated prior to completion of the serwces to be provided hereunder,
~ ~, ~.~,~,~ ~, t~ ,~^ ~ ~ ~ ~ P age 5 o f 11
CONSULTANT shall immediately cease all services upon receipt of the written notice of
termination f~om 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 rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of terminat~on being received by CONSULTANT, in accordance with Article
V of tins Agreement Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate an providing
mformatlon to the OWNER and to the new consultant If applicable, OWNER shall allow
CONSULTANT a reasonable t~me to transition and to mm over the ProJect to a new
consultant CONSULTANT shall turn over all documents prepared or furnished by
CONSULTANT pursuant to th~s Agreement to the OWNER on or before the date of
termination, but may mmntain copies of such documents for its files
ARTTCT ,R XTTT
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responslhihty and hab]hty 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 assumption of such responsibility by the OWNER for
any defect m the work prepared by the CONSULTANT, its pnnclpals, officers, employees, and
agents
ARTTC, T,I~
NOTICES
All not,ecs, commumcatlons, and reports required or penmtted under this Agreement shall be
personally delivered to, or telecopled to, or mailed to the respective parties by depositing same in
the Umted States mml at the addresses shown below, postage prepaid, certified mai1, remm receipt
requested, unless otherwise specified herein
To CONSULTANT To OWNER
ETTL Engineers & Consultants, Inc City of Denton, Texas
Les A Jeske, Mgr ofHydrogeologlcal Sermees Michael A Conduff, City Manager
1717 East Erwm Street 215 East McI~nney Street
Tyler, Texas 75702 Denton, Texas 76201
Fax (903) 595-6113 Fax (940) 349-8596
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is g~ven, or three (3) days at~er mailing of the notice, whichever event shall first
OCCur
ARTI(2T .F. X¥
ENTIRE AGREEMENT
TI'ns Agreement consisting of eleven (1 l) pages and two (2) Exhibits constitutes the complete
and final expression of the Agreement of the parties and is intended as a complete and exclusive
s ,o.~ ,,~.~.~.~,,~o,,~ ~,~. ~..,, ,s,, ~oo. :,o~ o.~ ,0~ P age 6 o f 11
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
pmmrses, representations, negot~ataons, d~scusslons, commurncatmns, understandings, and
agreements whach may have been made m connection with the subject matter of thas Agreement
ARTICI .R X'VI
SEVERABILITY
If any provision of tins Agreement is found or deemed by a court of competent jurisdiction to
be ~nval~d or unenfomeable, it shall be considered severable fi.om the remmnder of thrs Agreement,
and shall not cause the rematnder to be mvahd or unenforceable In such event, the parties shall
reform tins Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and ~enforceable prowslon wlueh comes as close as possible to expressing the original
intentions of the part,es respecting any such stricken prowslon
ARTIC. 1.1~. xvll
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, local laws, roles, regulations, and
ordinances appheable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
ARTTCT .I~. XVTII
DISCRIMINATION PROHIBITED
In performing the sermces requrred hereunder, CONSULTANT shall not dlsenmmate agmnst
any person on the basis of race, color, rehg~on, sex, national ongm or ancestry, age, or physical
handicap
ARTIC. I .F. ~ZTX
PERSONNEL
A CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel reqmred
to perform all the services reqmrcd under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall ~rmnedaately mform the OWNER m writing of any conflict of ~nterest
or potentml conflict of interest that CONSULTANT may d~scover, or which may arise dtmng
the term of tlus Agreement
B OWNER reqmres that CONSULTANT carefully safeguard all documents, data, and
lnformat~on provided by OWNER to CONSULTANT lnmdent to tlus engagement
CONSULTANT recogmzes that such documents, data, and information, involve sens~tive,
competitive issues, m some cases, confidentml information, and m some cases proprietary
mfgnnat~on, and the disclosure of such reformation by CONSULTANT to any tturd party,
w~thout the express wntten consent of OWNER, ~s expressly prohibited by OWNER, and
would hkely cause economic loss and demment to OWNER Any such unauthorized
disclosure of mformatton by CONSULTANT shall constitute an act of default respecting flus
Agreement CONSULTANT represents to OWNER that it will safeguard OWNER's
~nformat~on and wall, upon OWNER'S reasonable request, provide OWNER with
s,o,, ~,.~,,,,~o,~m ~.,.--~,, ,~,,~oo, 2~,~,~ Page 7 of 11
CONSULTANT'S poheles regarchng its procedures for identifying conflicts of interest, and
its procedures and safeguards whteh are an place wbach would apply to CONSULTANT'S
treatment and handling of OWNER'S documents, data. and mformaUon dunng this
engagement
C All servaees required hereunder will be performed by CONSULTANT or under its direct
superwslon All personnel engaged m performing the work prowded for in this Agreement,
shall be quahfied, and shall be authorized and permitted under applicable state and local laws
to perform such services
ARTICT .R ~
ASSIGNABILITY
The CONSULTANT shall not assign any interest m fins Agreement and shall not transfer
any interest m flus Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER CONSULTANT shall promptly noUfy OWNER of any change of
its name as well as of any matonal change m its corporate structure, its location, and/or in its
operations
~RTIC, T ,1~,
MODIFICATION
NO wmver or modafieatlon of tlus Agreement or of any covenant, condmon, limitation herein
eontamed shall be valid unless ~n writing and duly executed by the party to be charged therewith
No evidence of any waiver or mod~fieaUon shall be offered or received m evidence in any
proceeding anmng between the parties hereto out of or affecUng fins Agreement, or the rights or
obligations of the pames hereunder, unless such wmver or modification is in writing, duly
executed The parties further agree that the prowslons of this Article will not be wmved unless as
here~n set forth
ARTIC1,1~ XXII
MISCELLANEOUS
A CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under fins Agreement, have access to and the right to
examme any d~rectly pemnent books, documents, papers and records of the CONSULTANT
mvolwng transactions relating to fins Agreement CONSULTANT agrees that OWNER
shall have access dunng normal worl~ng hours to all necessary CONSULTANT faethtms and
shall be provided adequate and appropriate worl~ng space m order to conduct exemmat~ons
or audats m compliance w~th fins Article OWNER shall give CONSULTANT reasonable
advance notice of all intended exarmnatlons or audits
B Venue of any su~t or cause of action under fins Agreement shall he exclusively in Denton
County, Texas Thas Agreement shall be governed by and construed m accordance with the
laws of the State of Texas
C For purposes of fins Agreement, the parties agree that Les A Jeske ("Jeske") shall serve as
the Project Manager of CONSULTANT respectmg fins engagement Thts Agreement has
s ~, ~.m~n.~0~L ~ ,~^ ~0o~ ~ o~ ~ P age 8 o f 11
been entered into w~th the understanding that Jeske shall serve as the CONSULTANT's
Projoct Manager and will be the key person serving the OWNER on tins ProJect Any
proposed changes requested by CONSULTANT, respecting Jeske serving as the ProJect
Manager on the ProJect, shall be subject to the approval of the OWNER, winch approval the
OWNER shall not unreasonably withhold Notinng herein shall hmlt CONSULTANT f~om
using other qualified and competent members of ~ts finn to perform the other servmes
reqmred herein, under its supervlslun or consol
D CONSULTANT shall commence, carry on, and complete its work on the ProJect with all
apphcable dispatch, and m a sound, economical, efficient manner, and m accordance w~th the
provisions hereof In accomphsinng the ProJect, CONSULTANT shall take such steps as are
appropriate to ensure that the work Involved is properly coordinated w~th related work being
earned on by the OWNER
E The OWNER shall assist and fully cooperate w~th CONSULTANT by plamng at the
CONSULTANT's disposal all avmlable information pertinent to the ProJect, including
previous reports, any other data relative to the Project and arranging for the access to, and
make all provlmons for the CONSULTANT to enter ~n or upon, pubhc and private property
as reqmred for the CONSULTANT to perform professional serwces under tins Agreement
OWNER end CONSULTANT agree that CONSULTANT is entitled to rely upon
background mformat~on funushed to xt by OWNER wxthout the need for further xnqmry or
investigation into such reformation
F The caplaons of this Agreement are for mformatxonal purposes only and shall not in any way
affect the substantive terms or concht~ons of tins Agreement
IN WITNESS WHEREOF, the Cxty of Denton, Texas has executed th~s Agreement ~n four
(4) original counterparts, by and through its duly-authorized City Manager, and CONSULTANT
h~ fl'2~cuted/fu~ _ day oftins A~~lement b and through lts, 2001duly-authonzed undersigned officer, on tins the
"CITY"
CITY OF DENTON, TEXAS
A Municipal Corp~tl~
BY ~a~ 1A--~' 6~'~- ?l/Conduff, Cl~y i~ager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
ETTL ENGINEERS & CONSULTANTS, INC
A eorporanon
ATTEST
EXHIBIT "A"
11/01/2001 THU 10 00 FA~ 903 $96 6113 ETTL ENGINEERS [~002
M~M~ER
ETTL E G ] ]ms & CONSULTANTS INC.
GEOTECHNIGAL ' MATERIALS · ENVIRONMENTAL
October 31, 2001
Tyler, Texas
Da. ad Dugger
Linde] Supe~ntendent
C~t~ of Denton
5166 Foster Road
Denton, Tx 7620g
PROPOSAL
2002 HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
CITY O1~ DENTON LANDFILL (MSW PERMIT NO 1590A)
DENTON (DENTON COUNTY), TEXAS
Dea~ Mr Dugger
in accordance w~your recent requeat, ET~fL Fngm~rs & Cor~ulxan~ Inc (EITL)
z$ plea~d to subn-at thc following proposal for pro~admg hydrogeologxcal consulting and
analyttcal senaces at t~e C~ty of D~nton (the C:ty) landfill for a one-year pcnod con~x~ncmg
October 1, 2001 ETTL w~l serve aa th~ C~'y's prof~smonal services consultant relatzve to
all landfill ground-water monitoring, d__~n, r~vl~w, reporting, and general geological and
~ydrogeolog~d semces, w~r¢ needed.
Seope of Services
As we understand ~ the work vo. ll con$~ of conducting scnu-~,~u~i ground-w~tcr
momtormg ~wnts and r~por~ng in accordance ~th thc ex~stm~ Texas Natural Resource
Conservation Comrmss~on- (TNRCC) approwd C~ound-water Sa, nplmg and Analys~s Plan
(GWSAP) ~"~ 30 T~as Admm,~twe Code (TAC) §330 233-330 24~ at the above-
referenced f~ty Th~ following d~svu~swn provides a deta~cd explanation of the services
pro~aded
· Hydrog¢olog~cal Consulting - mctudcs 1) ~eneraUon and on-~omg
ora (~m bas~ of ~tmg ground-water chcn~czl da~ 2) n~-~o~ement and &root
sup~rvmon of ground-water momtonng evenls, 3) rcwcw of sn~lyttc~l daia~ 4)
preparation of sen~-mmual ground-water momtormg repons and
evalua~tons, ~) evaluation and submittal of s~-appropnat¢ stoical analys~s
m~thod(s), ~ 5) correspondence wcd~ TNRCC regarding ground-wa~r q. Shty
tssucs T~ C~ty will be continually reformed og all momtormg results and
HOME OFFICE. TEXARKANA LONGVIEW
Z10 8eecr~ Sb'eet 707 West Cotton Stzeet
1717 E~t Envln ~reet Texarkana, Arkansas 7~854 Longwew, Texas 75~04-5505
Tyler, Texas 75702.6398 Offi~ [g03} 7580402
Ol~lce (908) 5954421 Offtee (870)
Lab (903) 8956402 Fex (870) [16-~413 Fex (g03) 758 824S
Fe, x (903) ~95 8113
11/01/2001 THU 10 01 FAX 903 $96 6113 ETTL ENGINEERS ~003
Mr. Dswd Dugger, C~'y of Denton
October 31.2001
Page 2
prowded on-going rec(.,,~i-.-,andatlons and opm,oas r~gardmg necessary action, if
needed.
· Analytacal Sermecs - includes ~mplmg and analysts of ground-water .~mp. les
collected at ]andfill fa~lllty In accora~nee vath TN'RCC-approved GWSAP A
total of 20 momtormg wells, winch comprnc the faeilay (MSW ?errmt No
1590A) ground-water mom-torm_g system ~ be gauged, purged, and sampled
using dethcated, low-flow pumps and a Well W'~ard® nncropurge system. In
addxtlon, 2 leachatc samples wdl bc collected and analyzed for necessary pre-
treatments eonstttue~s as required by the waste water treatment plant All
analyses wall be performed using EPA-approvad methods at ETTL's laboratory
located m Tyler, Texas,
SamtasTM for Ground Water Maintenance Agreement - pro,odes for znn~lal
upgrades and software support of SamtasTM, a stat~acal analys~s soRware
package capable ofpe~or,mng stammal evaluatlon o f ground-water quahty data_
All serwces pro,haled wdl be coordinated ~ performed under the dneel superv~on of Mr
Leshe Jeske, OperWaons M~nager/Hydrogeolog~st
Low-flow purging and szmplmg actlxqims will bc conducted using mstnmaents and
equipment owned and mam,~in~l by the CRy In the event thc instruments arc found m need
of repeat, we will notr~ the Caty promptly to msare rn~nnmal delays m completing the
scheduled momtoring events The CRy ~be respons~le for all costs associated vath reparrs
and on-going mamtanance
Cost Estimate
Based upon the above scope of services and our understanchng o fthe project, we have
prepared the attached Probable Cost Estmmtc which shows thc e~; ,~ated quant~es of work
and umt fees It ~s esumated that the total amount of~h{~ contract for October 31, 2001 -
September 30, 2002 should not exceed $ 39,676.24
In the event additional settees are rcqtered beyond those detmlcd m this contract,
such will be performed on a tnne 0nd materials hes~s
You wgl be notdted ffunforescen con&Uons arc eneotuxtercd or there is a ncccssw/
~o change the scope ofwork. Adflmone[ work wall not be performed wthout first obtaining
your approval ofthe adchtional costs An mvoace wFLl be subrmrted at thc completion of each
11/01/2001 THU 10 01 FA~ 908 sgs 6113 ETTL ENGINEERS ~004
Mr Dasd Dugger, C~y of Denton
October 31, 2001
Page 3
senn-annual event. It ~ be based upon the actual work performed and the umt lances shown
m the attached Probable Cost Estrmate
If you have any questmns after revtewmg tla~$ proposal, please do not hemtate to
cont~t us We look forward to working wtth you m th,s e~deavor.
Very truly yours,
ETI'L Engineers & Consultants Inc
Operattons Manager/Hydro geolog~t
Attach Probable Cost Estm~te
cc Ivhke Copeland, C~ty o£Denton
EXIqlBIT "B"
11/01/2001 TItU 10 01 FAX 903 S95 6113 ETTL ENGINEERS ~005
PROBABLE COST ESTIMATE
(October 31, 2001)
Hydrogeologteal Consulting and Analytical Serwees
City of Denton Landfill (MSW Permit No 1590A)
Denton (Denton County), Texas
Item Cost
1 Samtas for Oround Water Sof~ware Maintenance Agreement 350 00
(cost +15%)
SUBTOTAL ...... $ 350.00
Seml..4nnual Monttortng Event
Statast~eal Evaluation and l~porUn~
Est 20 wells ~ $165 00/well $ 3,300 00
Gronnrl-water Chennmry Rewew, Data Base Update, and
Report PreparaUon)
Hydrogeolog~st 330 00
Est 3 hours ~$110 00/hour
Oeologlst 810 00
Est 9 hours ~ $90 00faour
CADD Operator (ground-water contour map)
80.00
Est 2 bouts (~ $40.00/hour
Enmronmemal Teclauciaa
Est 28 hours ~$40 00/hour 1,120 00
Subsmenee 0oflgmag ami meals)
Est 2 days ~ $85.00/day 170.00
Mileage 1:t0 00
Est 325 miles ~ $0 40/m,le
Turbd~ Meter 100 00
Est 2 days ~ $50 00/day
Page 1 of 2
~1/01/200~ THU ~0 O~ PA~ 903 595 $11~ E'I~L ENGINEERS ~006
PROBABLE COST ESTIMATE - CONTINUED
(October 31, 2001)
l-lydrogeoio~icni Consulting and Analytical Serviees
City of Denton L~mdfill (MSW Permit No. 1590A)
Denton (Denton County), Texas
Co~t
9. VOCs, Metals, arid Inorgamc Auniyses
- MSW?ertmt No 1590A (Table 5-1 Con~t~tttents GWSAP,)
Est 27 ~n~. les (2 le, achato samples, 20 wells, & 5 QA/QC samples)
(~ $498 00/~mpl~ 13,446 oo
- Ad~imon~ Pre-treatment Co]~-txtu{mts - Leachat~ (phosphorous,
BOB, COD, TSS, ~yamde, aud oil ~ g~ease)
Est 2 saxnpl~s ~ $88.56/sm~ple 177 12
SEMI.~s_NNUAL SUBTOTAL ...... $ 19,663.12
(2 ~ ~iEM_I-A.N'i~I].IAL EV~S 81JDTOT_~sL ....... $ 39~26.24)
ANNIJ'AL TOTAJ~ ........ $ 39,6?6.24
Addittonal work vail be perf~rm~ upon aathonzauon by thc City of Demon ut~mg th~
Hydrogeologist - $110 00 per hour
Geologist - $90 00 per
Env~nmex~ Tectmiman- $40 00 per hour
CADD Operator - $40.001~ hour
M'~age - $0 40 per rode
Outside S~nc~s (i.e, m~p reprodueUon, color photocopies, ~tc ) - cost +15%
A~xtional Ext~s <=e, meals, lodging, Mc ) - cost-~l 5%
Png~ 2 of 2