2000-056 O INANCENO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANP~GER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ETTL I ENGINEERS AND CONSULTANTS, INC, FOR HYDROGEOLOGICAL
CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF
DENTON LANDFILL 0VISW PERMIT NO 1590A), AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
(PSA 2~75 - PROFESSIONAL SERVICES AGREEMENT FOR HYDROGEOLOGICAL
CONSULTING AND ANALYSIS AT THE LANDFILL AWARDED TO ETTL
ENGINEERS & CONSULTANTS, INC 1N THE AMOUNT OF $46,215 25)
WHEREAS, the City Cotmcll deems that ~t ~s m the pubhc ~nterest to engage ETTL
Engineers & Consultants, Inc, a Corporation, of Tyler, Texas ("ETTL"), to provide
professxonal hydrogeologmal consulting and analytmal services for the Caty pertalnlng to
the City of Denton Landfill (MSW Permit No 1590A), and
WHEREAS, the C~ty staff has reported to the C~ty Council that there is a
substantial need for the above-referenced professional consulting services, and that limited
C~ty staff cannot adequately perform the specialized services and tasks with its own
personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professxonal Services Procurement Act", generally provides that a C~ty 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 quahficatlons, and for
a fmr and reasonable price, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS
SECTION 1. That the City Manager is hereby authonzed to execute a
Professional Services Agreement with ETTL Engineers & Consultants Inc, a Corporation,
of Ty}er, Texas, for professional hydrogeologmal consulting and analytical services
pertmnmg to the City of Denton Landfill, in substantially the form of the Professional
Servmes Agreement attached hereto and incorporated herewith by reference
~ That the award of this Agreement by the C~ty is on the bas~s of the
demonstrated competence, knowledge, and quahficatlons of ETTL and the ab~hty of ETTL
to perform the services needed by the City for a fair and reasonable price
. ~ That the expenditure of funds as provided in the attached
ProfeSsional Services Agreement is hereby authorized
~ That the above and foregoing Professional Servmes Agreement ~s
hereby ratified, confirmed, and retroactively approved, and shall be effective from and
after October 1, 1999
~ That except as otherwme provided in Section 4 above, th~s ordinance
shall become effective ~mmediately upon ~ts passage and approval
PASSED AND APPROVED thls the /.~r~-~-'-~ dayof ~ ,2000
JAC~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
.}~]_ _
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordm ances\00\ETTL Engmeem PSA - SWord doc
STATE OF TEXAS §
COLrNTYIOF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
PERTAINING TO THE CITY OF DENTON LANDFILL
THIS AGREEMENT is made and entered into as of the 1st day of February, 2000, by and
between the Cxty of Denton, Texas, a Texas Mummpal Corporation, with its pnnmpal office at 215
East McK3nney Street, Denton, Texas 76201 (hereinafter "OWNER"), and ETTL Engineers &
Consultants, Inc, a Corporataon, w~th its corporate office at 1717 East Erwm Street, Tyler, Texas
75702, (hereinafter "CONSULTANT'), the part, es acting herein, by and through their duly-
authorized representaUves and officers
WITNESSETH, that m cons~deratton of the covenants and agreements hereto contained, the
part,es hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services hereto m connection w~th the ProJect as
stated m the Artacles to follow, with dthgence and in accordance with the professional standards
customarily obtained for such services m the State of Texas The professional serwces set forth
hereto are m connection with the following described project (the "Project")
Providing professional hydrogeologlcal consulting and analytmal services pertaimng to the City of
Denton Landfill (MSW Permit No 1590A) for the twelve-month period beg~nmng on October 1,
1999 and,ending on September 30, 2000 ETTL shall serve as the OWNER's consultant relative to
all landfill groundwater and methane data accumulation, data review, reporting, and general
consulting sermces, where needed on the ProJect
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services m a profesaional manner
A To perform all those sermces as are set forth in the CONSULTANT's final, rewsed Proposal
to the City of Denton, contained m that certain five (5) page letter from Les A Jeske,
Manager of Hydrogeologlcal Services of CONSULTANT to Davxd Dugger, Landfill
Supenntendent of OWNER, dated January 12, 2000, which letter is attached hereto as
Exlublt "A" and is incorporated herewith by reference
B If there is any conflict that arises between the terms of this Agreement and the Exhibit
attached to flus Agreement, then the terms and conditions of tins Agreement shall control
s~o~,~c.~.~~o~,~t~mPs~o~ Page 1 of 10
over the terms and conchtions of the attached Exbablt
ARTICLE III
ADDITIONAL SERVICES
Any Additional Services to be performed by CONSULTANT, if authorized by OWNER,
which are not included as Basic Services m the above-described 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 essential terms pertaining to the prowslon of such Adthtlonal Services by
CONSULTANT
ARTICLE IV
PERIOD OF SERVICE
Ttus Agreement is hereby ratffied by the parties, and the part,es agree that ttus Agreement
shall be retroactively effective as of October 1, 1999, upon its execution by OWNER and
CONSULTANT, and upon the issuance of a notice to proceed by the OWNER, and shall remmn m
force for the period wluch may reasonably be required for the completion of the ProJect, mcludlng
Additional Services, if any, and any reqmred extensions approved by the OWNER, or until
September 30, 2000, wbachever event shall first occur This Agreement may be sooner terminated
in accordance with the provisions hereof TIME IS OF THE ESSENCE 1N THE
PERFORMANCE AND COMPLETION OF THIS AGREEMENT CONSULTANT shall make
all reasonable efforts to complete the services set forth herein as expeditiously as possible and to
meet the schedule(s) reasonably established by the OWNER, acting through xts Director of Sohd
Waste or bas designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Direct Non-Labor Expense" is defined as that expense [other than "per d~em"
expense], based upon actual cost, for any out-of-pocket expense reasonably mcurred by
the CONSULTANT related to its performance of this Agreement, for long d~stance
telephone charges, telecopy charges, messenger services, pnntlng and reproduction
expenses, out-of-pocket expenses for purchased computer time, prudently recurred
travel expenses related to the work on the Project, and s~mllar incidental expenses
recurred m counectton w~th the Project
B BILLING AND PAYMENT
For and m consideration of the professional services to be performed by CONSULTANT
herem, OWNER agrees to pay CONSULTANT, based upon the satisfactory completaon of
the Basic Services tasks set forth m the Scope of Services as shown ~n Article II above, as
follows
1 CONSULTANT shall perform its work on th~s Project on an hourly fee basis,
~,o,, ~.~,~,~.~o~ ~ ~ ~.~,t~.., ~,o~ Page 2 o f 10
plus reambursement for all reasonably ancurred out-of-pocket expenses, balled monthly
CONSULTANT shall ball from time sheets, m mammmn V4 hour ~nerements of tame, at the
rates and subJeCt to the terms set forth m CONSULTANT's "Cost Estimate" which as
contained m Exinhit "A" heretofore described m Artmle II A OWNER shall pay to
CONSULTANT for ats professmnal services performed, and for ~ts out-of pocket expenses
~ncurred m the ProJeCt, a total amount not to exceed $ 46,215 25
2 Partial payments to the CONSULTANT wall be made monthly based on the percent of
actual completion of the Basac Servaces, rendered to and approved by the OWNER through
~ts D~rector of Sohd Waste or Ins desagnee However, under no carcumstances shall any
monthly statement for servmes exceed the value of the work performed at the tame a
statement as rendered The OWNER may wathhold the final ten (10%) percent of the above
not-to-exceed amount until satisfactory completion of the ProJect by CONSULTANT
3 Nothing contained m this Article shall reqmre the OWNER to pay for any work that ~s
not subrmtted an comphance wath the terms of tins Agreement OWNER shall not be
required to make any payments to CONSULTANT at any t~me when CONSULTANT as ~n
default under tins Agreement
4 It as specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement winch would reqmre additional
payments by the OWNER for any charge, expense or retmbursement above the not-to-exceed
amount as stated hereanabove, wathout first having obttuned the prior written authonzataon of
the OWNER CONSULTANT shall not proceed to perform any servmes to be later provaded
for under Article III "Additional Servmes" w~thout first obttumng prior written authonzanon
l~om the OWNER
C ADDITIONAL SERVICES For Additaonal Serwces authorized ~n writing by the
OWNER m Artacle III hereanabove, CONSULTANT shall be ptud based on a to-be-agreed-
upon Schedule of Charges Payments for Additaonal Services shall be due and payable upon
submlstuon by the CONSULTANT, and shall be ~n accordance wath Artacle V B
heremabove Statements for Basac Services and any Additional Sermces shall be subrmtted
to OWNER no more frequently than once monthly
D PAYMENT If the OWNER ftuls to make payments due the CONSULTANT for
services and expenses watinn saxty (60) days after receapt of the CONSULTANT's undisputed
statement thereof, the amounts due the CONSULTANT will be increased by the rate of one
percent (1%) per month from and after the stud saxtleth (60th) day, and ~n additaon, thereafter,
the CONSULTANT may, after gav~ng ten (10) days written notice to the OWNER, suspend
serwces under this Agreement until the CONSULTANT has been paid in full for all amounts
then due and owing, and not disputed by OWNER, for services, expenses and charges
Provided, however, nothing herean shall require the OWNER to pay the late charge of one
percent (1%) per month as set forth hereto, af the OWNER reasonably determanes that the
CONSULTANT's work ~s not submatted m accordance wath the terms of this Agreement, in
accordance wath Article V B of this Agreement, and OWNER has promptly nonfied
CONSULTANT of that fact m writing
\Our Dommeli~CO~S*IS~OO~TT~ ~nsr & Ol~all [[a~dffil] I~A ~a¢ Page 30 f 10
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exermse reasonable care and due diligence ~n dmeovenng and
promptly reporting to the OWNER any defects or defieaencles in the work of CONSULTANT
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT pursuant to tl~s Agreement are
~nstrumems of service and shall become the property of the OWNER upon the termination of this
Agreement The CONSULTANT ~s entitled to retain cop~es of all such documents The
documents prepared and furmshed by the CONSULTANT are intended only to be apphcable to tbas
project and OWNER's use of these documents m 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 hereto any of the mfonnataon or materials developed pursuant to th~s agreement,
CONSULTANT ~s released from any and all liability relating to their use m that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an ~ndependent contractor, not as an
employee of the OWNER CONSULTANT shall not have or claim any right arising from
employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall ~ndemmfy and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all habfl~ty, clmms,
demands, damages, losses and expenses, including but not hm~ted to court costs and reasonable
attorney fees recurred by the OWNER, and lncluchng without hm~tat~on damages for bodily and
personal injury, death, or property damage, resulting from the neghgent acts or omissions of the
CONSULTANT or ~ts officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of thas Agreement
Nothing ~n th~s Agreement shall be construed to create a habfllty to any person who is not a
party to thts Agreement and nothing herein shall wmve any of the party's defenses, both at law or
eqmty, to any clatm, cause of action or ht~gat~on filed by anyone not a party to fins Agreement,
including the defense of governmental lmmumty, wbach defenses are hereby expressly reserved
ARTICLE X
INSURANCE
Dunng the performance of the Services under ttus Agreement, CONSULTANT shall
mmntaln the following insurance w~th an insurance company licensed to do business ~n the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate
Careers of at least an "A-" or above
s,o~r~u~,~,.~,~.L~ ~.*l~u~^~o~ Page 4 of 10
A Comprehensive General Llablhty Insurance with bodily lnjul'y 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 lnmts of not less than $100,000 for each occurrence and not less than
$100,000 m the aggregate
B Automobile L~abflity Insurance w~th bodily 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 Llabihty Insurance with hmats of not less than $100,000 for each accident
D Professional Liability Insurance or appropriate Errors & Omissions Insurance with limits of
not less than $1,000,000 annual aggregate
E CONSULTANT shall furmsh insurance certificates or insurance policies at the OWNER's
request to evidence such coverages The insurance poheles shall name the OWNER as an
adchtaonal msured on all such pohcles to the extent that is legally possible, and shall contain a
prowsion that such msuranee shall not be cancelled or modified without thtrty (30) days prior
written not,ce 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 substitute pohcles, furnishing at least the same policy hmlts and coverage, to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties will make efforts to settle any disputes arising under tbas Agreement by
submitting 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 tins Agreement involving one party's disagreement may include the other party to the
disagreement without the other's approval
ARTICLE XII
TERMINATION OF AGREEMENT
A Notwithstanding any other prowslon of tbas Agreement, either party may terminate this
Agreement by providing thirty (30) days advance written notice to the other party
B This Agreement may alternatively be tenmnated m whole or m part m the event of e~ther
party substantially faihng to fulfill its obhgatlons under tIns Agreement No such terunnation
will be effected unless the other party is given (1) wntten notice (dehvered by certified mall,
return recexpt requested) of intent to terminate and setting forth the reasons 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
termmat~on
C If the Agreement is terwanated prior to completion of the services to be provided hereunder,
s ~o~ ~u~e~L ~ · ,~l~l ~ Page 5 of 10
CONSULTANT shall mediately cease all services upon receipt of the written noUce of
termination from OWNER, and shall render a final bill for services to the OWNER w~ttun
twenty (20) days after the date of tenmnation The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to not~ee of termlnat~on being received by CONSULTANT, m accordance with Amcle
V oft/us Agreement Should the OWNER subsequently contract with a new consultant for
the eontmuatmn of services on the ProJect, CONSULTANT shall cooperate in 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 tbas Agreement to the OWNER on or before the date of
tenmnation, but may mmntam copies of such documents for its files
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, or agents, for the
accuracy and competency of their work performed pursuant to tlus Agreement, nor shall such
approval by the OWNER be deemed as an assumption of such respons~bahty by the OWNER for
any defect m the work prepared by the CONSULTANT, ~ts pnncipals, officers, employees, and
agents
ARTICLE XIV
NOTICES
All not,ecs, commumcations, and reports required or permitted under this Agreement shall be
personally delivered to, or telecop~ed to, or mmled to the respective parties by depositing same ~n
the Umted States mall at the addresses shown below, postage prepmd, certified mml, return receipt
requested, unless otherwise specified herein
To CONSULTANT To OWNER
ETTL Engineers & Consultants, Inc City of Denton, Texas
Les A Jeske, Mgr of Hydrogeologncal Services Michael W Jez, C~ty Manager
1717 East Erw~n Street 215 East McKmney Street
Tyler, Texas 75702 Denton, Texas 76201
Fax (903) 595-6113 Fax (940) 349-8596
All nolaces under tins Agreement shall be effective upon their actual receipt by the party to
whom such nottce is given, or three (3) days after mmlmg of the notice, whichever event shall first
OCCur
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting often (10) pages and one (1) Exhibit constitutes the complete and
final expression of the Agreement of the pames and ~s intended as a complete and exclusive
s ,o~, ~m~,~,,~,~TT,. ~ ~, ~m~t~,,I ~s^ ~ Page 6 of 10
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotmt~ons, d~scusslons, commumcatlons, understandings, and
agreements winch may have been made in connection with the subject matter of th~s Agreement
ARTICLE XVI
SEVERABILITY
If any provision of tins Agreement Is found or deemed by a court of competent junschctlon to
be invalid or unenfomeable, it shall be considered severable t~om the remmnder of tins Agreement,
and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall
reform tins Agreement, to the extent reasonably possible, to replace such stricken prowslon with a
valid and enforceable promslon winch comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provtslon
ARTICLE XVII
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, local laws, roles, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be emended
ARTICLE XVIlI
DISCRIMINATION PROHIBITED
In performing the servmes reqmred hereunder, CONSULTANT shall not discriminate agmnst
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap
ARTICLE XIX
PERSONNEL
A CONSULTANT represents that it has or wall secure at ~ts own expense all personnel reqmred
to perform all the services requtred under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall munedsately mform the OWNER ~n writing of any conflict of ~nterest
or potential conflict of interest that CONSULTANT may discover, or winch may arise dunng
the term of tins Agreement
B OWNER reqmres that CONSULTANT carefully safeguard all documents, data, and
~nfonnat~on provided by OWNER to CONSULTANT incident to this engagement
CONSULTANT recogmzas that such documents, data, and mformat~on, involve sensitive,
compeUUve issues, m some cases, confidential ~nformat~on, and in some cases proprietary
mf0rmatlon, and the (hsclosure of such mformat~on by CONSULTANT to any tInrd party,
without the express written consent of OWNER, is expressly proinblted by OWNER, and
would lhkely cause economic loss and detriment to OWNER Any such unauthorized
disclosure of reformation by CONSULTANT shall constitute an act of default respecting tins
Agreement CONSULTANT represents to OWNER that ~t w~ll safeguard OWNER's
~nformat~on and will, upon OWNER'S reasonable request, provide OWNER voth
s ,o~ ~,~,~.~L ~ ~ ~..~iL.~,,i ,~,~,~ Page 7 of 10
CONSULTANT'S pollmes regardmg its procedures for ~dentlflnng conflmts of interest, and
its procedures and safeguards winch are m place which would apply to CONSULTANT'S
treatment and handling of OWNER'S documents, data, and information during tins
engagement
C All servmes required hereunder wall be performed by CONSULTANT or under its direct
supervision All personnel engaged in perfonmng the work provided for in this Agreement,
shall be quahfied, and shall be authorized and permitted under apphcable state and local laws
to perform such services
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not asslgu any mterest in this Agreement 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, ats location, and/or in ItS
operations
ARTICLE XXI
MODIFICATION
No waiver or modification of ttus Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith
No evidence of any waiver or modlficataon shall be offered or received m evidence in any
proceedmg arising between the partaes hereto out of or affecting tins Agreement, or the rights or
obligations of the parties hereunder, unless such waver or modification is in writing, duly
executed The partaes further agree that the promslons of tins Article will not be waved unless as
herein set forth
ARTICLE XXII
MISCELLANEOUS
A CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
fmal payment made by OWNER under tins Agreement, have access to and the right to
examine any directly pemnent books, documents, papers and records of the CONSULTANT
mvolvang transactions relatmg to this Agreement CONSULTANT agrees that OWNER
shall have access dunng normal worlang hours to all necessary CONSULTANT faclhtles and
shall be provided adequate and appropriate workang space in order to conduct examinations
or audits in compliance with this Artacle OWNER shall give CONSULTANT reasonable
advance notice of all intended examinations or audits
B Venue of any sat or cause of action under this Agreement shall he exclusively m Denton
County, Texas Tins Agreement shall be govemed by and construed in accordance with the
laws of the State of Texas
C For purposes of tins Agreement, the parties agree that Les A Jeske ("Jeske") shall serve as
the Project Manager of CONSULTANT respecting tins engagement This Agreement has
$ xOar DOeti,,i..iaSC0~i~OO~TL ~1~. & C~a~i[t [Laad[ll,] pga 0o¢ P age 8 o f 10
been entered into with the understanding that Jeske shall serve as the CONSULTANT's
ProJect Manager and wall be the key person sermng 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 of the OWNER, wbach approval the
OWNER shall not unreasonably w~thhold Nothmg hereto shall hmlt CONSULTANT from
usmg other qualffied and competent members of ~ts firm to perform the other services
reqmred hereto, under ~ts supervision or control
D CONSULTANT shall commence, carry on, and complete its work on the ProJect with all
apphcable chspatch, and m a sound, economical, efficient manner, and m accordance with the
provisions hereof In accomphshmg the ProJect, CONSULTANT shall take such steps as are
appropriate to ensure that the work mvolved ~s properly coordinated w~th related work being
earned on by the OWNER
E The OWNER shall assist and fully cooperate with CONSULTANT by placing at the
CONSULTANT's dasposal all avmlable information pertinent to the ProJect, ~ncluding
prewous reports, any other data relative to the ProJect and arranging for the access to, and
make all provlsmns 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
background mformat~on furmshed to ~t by OWNER without the need for further ~nqmry or
~nvest~gat~on mto such mformat~on
F The captions of ttus Agreement are for informational purposes only and shall not in any way
affect the substantive terms or concht~ons of this Agreement
1N WITNESS WHEREOF, the City of Denton, Texas has executed th~s Agreement in four
(4) ongmal counterparts, by and through its duly-authorized C~ty Manager, and CONSULTANT
hasex~:~uted this Agrecm~nt,by and through its duly-anthonzed undersigned officer, on this the
/
day of ~_ ;3~2~'./ZZ~/~- ,2000
"CITY"
CITY OF DENTON, TEXAS
By~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By ~/90//IJ,~/&.... ~/~_ .~_~4~A~M_~2~2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSLrLTANT"
ETTL ENGINEERING & CONSULTANTS, INC
A Corporataon
ATTEST
By
Secretary
Page 10 O f 10
January 12, 2000
Tyler, Texas
Dav,d Dugger []~[~ (~ ri n
Landfill Superintendent
CltyofDenton JAN 1 3 2000
901-A Te~ St Cl~ o~
Dento~ Tx L~GAL
PROPOSAL
HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
CITY OF DENTON LANDFILL (MSW PERMIT NO. 1590A)
DENTON (DENTON COUNTY), TEXAS
De~ ~ Dugger
In ~r~ ~h yo~ r~nt r~ue~, ETTL Engineers & Co~ult~ts Inc (ETTL)
is pleased to submt the fo~owmg proposal for promdmg hydrogeologmal comultmg ~d
~i~ ~s at ~e C~ of~nton (~e C]~) l~B for a one-ye~ ~nod comencmg
Octo~r 1, 1999 E~L ~ seine ~ the C~ty's profess~oml sem]ces comult~t restive to
all l~d~ gro~d-water momtomg, data remew, reposing, ~d general geologtc~ ~d
hydrogeolog~cal sem]ces, where needed
Scope of Se~ees
~ we ~derst~d R, the work ~ commt of conducting queerly backgro~d
~o~-water m~o~ events ~ m~mg m accord~ce with the emstmg Te~ Nat~
Reso~ce Co~atton Common- (~CC) approved Oro~d-water S~g ~d
~s~ P~ (GWS~) ~ 30 Te~ A~rat~ve Code (TAC) {330 233-330 241 at ~e
a~ve-referenced ~c~ The fo~owmg d~uss~on provdes a detailed expiation of the
semces promded
Hy~ogeologzc~ ComMtmg - includes 1) generation ~d on-going ~te~ce
ora ~a ~ ofe~ ~o~-wat~ c~ ~m (~Bected ~ p~ of~e ~st
fo~ backgro~d gro~-water momtomg evems), 2) ~agemem ~d d~ect
super]on of gro~d-water momtormg events, 3) remew of ~l~lcal dat~ 4)
prep~at~on of q~erly ~o~d-water momtomg repo~, 4) pre~
mve~gat~on of site-appropriate stat~tlCM ~ysls methods, ~d 5)
co~espondence ~th ~CC reg~dmg ground-water qmhty issues The Cl~
HOM~ OFFICE TEXAR~NA LONGVIEW
1717 ~$t E~tn Street ~10 Beth Street 707 Wear Co~ 8treet
THer, Te~ 78702 ~8~8 Texa~na A~a 718~ Longwew Te~ 751104
~lce (908) $~5~21 Office (870) ~2 0013 Office (~3) 758 ~0~
Lab (~0~) $¢fi ~402 F~ {870} ~2 0320 F~ (~03) 758
~I~MEMBER~I~ ASTM AClL TCEL ASCE TSPE AICHE NSPE AICE ACS ACI AGC
Mr Dawd Dugger, C~ty of Denton
January 12, 2000
Page 2
will be continually reformed of all momtormg results and provaded on-going
recommendations and opmaons regarding necessary action, ffneeded
· Analytical Servaces - includes sampling and analysts of ground-water samples
collected at landfall fac~hty m accordance w~th TNRCC-approved GWSAP A
total of 20 momtonng wells, winch comprise the fac~hty (MSW Perrmt No
1590A) ground-water monltonng system, and 3 movatonng wells, winch comprtse
the former facfltty (MSW Permit No 1590) system, will be gauged, purged, and
sampled using dedicated, low-flow pumps and a Well W~zard® rmcropurge
system. All analyses will be performed using EPA-approved methods at ETTL's
laboratory located m Tyler, Texas,
· SamtasTM for Ground Water - SamtasTM, a statistical analys~s software package
capable of performing stat~tlcal evaluataon of ground-water quahty data, will be
purchased to md m perforrmng statistical evaluations
All serwces prov~led will be coordinated and performed under the dn'ect superwslon of Mr
Les Jeske, Manager of Hydrogeolog~cal Servaces
Low-flow purging and samphng actav~t~es will be conducted using instruments and
eqtupment owned and maintained by the Cay In the event the instruments are found m need
of repmr, we will notify the City promptly to insure minimal delays m completing the
scheduled moratormg events The Cay will be mspons~le for all costs assocmted vnth repoars
and on-going maintenance
Cost Estimate
Based upon the above scope of serwces and our understanchng of the project, we have
prepared the attached Cost Estnnate winch shows the estmmted quantities of work and umt
fees It ts astmaated that the total amount of tins contract for October 1, 1999 - September
30, 2000 should not exceed $
In the event additional services are required beyond those detailed m tbas contract,
such wall be performed on a tnne and materials basts
You vail be nottfied ffunforeseen conditions are encountered or there ~s a necessity
to change the scope ofwork Adchtmnal work will not be performed w~thout first obtaining
your approval oftbe additional costs An invoice will be subnutted at the completion of each
quarterly event It will be based upon the actual work performed and the umt prices shown
Mr David Dugger, C~ty of Denton
January 12, 2000
Page 3
m the attached Probable Cost Estmmte
If you have any questions a.Rer reviewing tlus proposal, please do not hesitate to
comact us We look forward to working vath you m tlas endeavor
Very truly yours,
ETTL ENGINEERS & CONSULTANTS 1NC
Les A Jeske
Manager ofHydrogeolog~cal Sermces
Attach Probable Cost Estmaate
cc M_rice Copeland, City of Denton
ACCEPTED AND AUTHORIZED
day of ,2000,
by
David Dugger, Landfill Superintendent, City of Denton
PROBABLE COST ESTIMATE
Hydrogeological Consultnng and Analytical Services
C~ty of Denton Landfill (MSW Permit No. 1590A)
Denton (Denton County), Texas
Item Cost
1 Hydrogeolog~st (construct ground-water ehermstry data base)
Est 8 hours ~ $80 00/hour $ 640 00
2 Samtas for Ground Water Sof~ware License (cost +15%) 1,190 25
SUBTOTAL ..... $ 1,830.25
Ouaxterly Ground-water Momtorm_~ Event.
3 Hydrogeolog~t (ground-water ehenustry, data base update, and
report preparation)
Est 8 hours ~ $80 00/hour $ 640 00
4 CADD Ol~rator (ground-water contour map)
Est 2 hours ~ $35 00/hour 70 00
5 Enxaronmental Techmcum
Est 26 hours ~ $30 00/hour 780 00
6 Subskstence (lodging and meals)
Est 2 days ~ $70 00/day 140 00
7 Mtleage
Est 300 n~les ~ $0 40/rmle 120 00
8 Turb~d~3, Meter
Est 2 days ~ $50 00/day 100 00
9 VOCs, Metals, and Inorgam¢ Analyses
- MSW Perm~ No 1590A (Table 5-1 Constituents GWSAP,)
Est 25 samples (20 wells & 5 QA/QC samples) ~ $498 00/sample 12,450 00
- Former MSW Perrmt No 1590 (VOCs only)
Est 3 samples ~ $165 00/sample 495 00
QUARTERLY SUBTOTAL... $ 14,795.00
ANNUAL TOTAL ...... $ 46,215.25
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PROBABLE COST ESTIMATE - CONTINUED
Hydrogeolng~eal Consulting and Analytical Services
City of Denton Landfill (MSW Permit No. 1590A)
Denton (Denton County), Texas
Note It ts strongly recommended that the City purchase an ongoing annual maintenance
contract for SamtasTM for Ground Water at a cost of $339 25 per year The cost for
tlus contract would be due 12 months al~er making the tmtud sot~ware hcense
purchase The soltware license wdl be purchased dunng the thrd calender quarter of
2000
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