09-B Groundwater Monitoring Stillhouse Road Landfill
DRAFT
f:attorney\reswork\current\Weaver Boos Contract Res - Landfill Ground Monitoring
October 1, 2007
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING A PROFESSIONAL SERVICES CONTRACT
FOR GROUNDWATER MONITORING AND TESTING AT THE
STILLHOUSE ROAD LANDFILL BETWEEN THE CITY OF PARIS
AND WEAVER BOOS CONSULTANTS LLC; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris is in need of groundwater monitoring and testing
services at the Stillhouse Road Landfill and Weaver Boos Consultants LLC has made a
proposal for Groundwater Monitoring and Testing Services; and,
WHEREAS, the proposal from Weaver Boos Consultants, LLC is deemed to be in the
best interest of the City of Paris and its citizens and that such professional services contract in
a form substantially similar to Exhibit A attached hereto and made a part hereof be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the proposal of Weaver Boos Consultants, LLC for professional services
for groundwater monitoring and testing at the Stillhouse Road Landfill described in Exhibit
A attached hereto, be, and the same is hereby accepted.
Section 3. That the Mayor of the City of Paris, be, and he is hereby authorized and directed
to execute on behalf of the City of Paris the Professional Services Contract in a form
substantially similar to the form of Exhibit A attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND ADOPTED this 8th day of October, 2007.
ATTEST:
Jesse James Free1en, Mayor
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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6420 SOUTHWEST BLVD, SUITE 206
FORT WORTH, TEXAS 76109
PHONE: 817.735.9770
FAX: 817.735.9775
www.weaverboos.com
"INE..A.. VER
BOOS
CONSULTANTS
LLC
SOUTHW'EST
July 18, 2007
Mr. Shawn Napier, P.E.
Director of Public Works
City of Paris
150 SE First Street
Paris, Texas 75460
Re: Proposal for Landfill Consulting Services
StilIhouse Road Landfill, Paris, Texas
Dear Mr. Napier:
Weaver Boos Consultants, LLC-Southwest (WBC), is pleased to provide the City of Paris
(City) with a proposal to assess potential groundwater contamination issues and plan a
course of action at the above referenced landfill site. The following includes our project
understanding, summaries of initial and potential additional services, a project schedule
and estimated budget. This proposal supersedes our previous proposal dated December
2002.
Project Understanding
Our proposal addresses TCEQ (Texas Commission on EnVIronmental Quality) concerns
stated in two landfill corrective action directive letters to the City (see Attachment 1 dated
January 21, 1998 and March 2, 2001) regarding the StilIhouse Road landfill. The City
was directed by the TCEQ in January 1998 to complete the following investigation
activities:
· Complete a methane gas survey.
· Install proposed assessment piezometers P-13, P-14, and replacement
piezometer P-l OA.
· Collect groundwater samples from all five monitoring wells and 14
piezometers, analyze the samples for volatile organic compounds (VOCs) and
ammonia.
· Continue leachate pumping from well MW-4A.
· Inventory facility monitoring wells and piezometers, and assess their
condition.
· Report on the investigation progress.
During 1998, EMCON completed the first three items in the above directive list. No
significant methane concentrations detected in an EMCON shallow bar hole probe
assessment. Based on a driller's report, EMCON correspondence and groundwater
EXHIBIT A.
Chicago, IL
Springfield, IL
Naperville, IL
Griffith, IN
South Bend, IN
Denver, CO
St. Louis, MO
Columbus, OH
Fort Worth, TX
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Mr. Shawn Napier, P.E.
July 18, 2007
Page 2
sampling activities, assessment piezometers P-13, P-14 and replacement piezometer p-
lOA were installed. Groundwater sampling and analyses were completed in June and
December 1998. These analytical results (from about 8.5 years ago) indicated VOCs in
groundwater at concentrations exceeding EP A drinking water standards were present at
the northern landfill boundary (in piezometers P-l1, P-13 and P-14), and had migrated off
site beyond the southeast landfill boundary (in the vicinity of piezometers P-2 and P-3).
Based on conversations with City personnel, no leachate has been pumped from the
landfill since at least 1998. According to Mr. Arten Avachian of the TCEQ, no required
projectsummary report summarizing these activities has been submitted to the TCEQ.
Our review of TCEQ correspondence, the City's project files, and WBC's case files
indicate WBC does not have a complete set of landfill case records.
Proposed Services
This proposal's services are based on available project information, and are designed to
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address the previously noted TCEQ irivestigati6ii reqUirements fot"the' site and to'
':deterrnine if a persistent groundwater VOCcontainination issues are present. . If
. groundwater contamination abovetheEPA drinking water standards is not reported in the
proposed sampling events, the project status report will present a plan to allow the site to
exit the postclosure period. In the event persistent groundwater contamination is'
confirmed by the proposed groundwater analyses, the project status report will contain a
Remediation Plan.
Task 1 - TCEQ Response Letter
WBC will prepare an initial TCEQ response letter that briefly summarizes the project
activities completed since 1998 and the City's future project plans described in this
proposal's Tasks 3, 4, and 5. The purpose of this letter is to avoid a possible TCEQ NOV
(notice of violation) letter while the landfill is collecting additional groundwater data and
preparing a course of action. Two draft copies of the initial respqnse letter will be
prepared and submitted to the City for review. After incorporation of mutually-agreed
City suggestions and changes, five final copies of the TCEQ response letter will be
submitted to the City and TCEQ.
Task 2 - TCEQ Record Search
As noted in the project understanding, the available information indicates WBC lacks
previous investigation report information. To better plan project strategy and avoid
duplicating previous investigation activities, WBC will procure the services of a TCEQ
file search fIrm to obtain all available case records in the TCEQ's Austin archives. 'WBC
will make a duplicate set of the TCEQ information obtained for the City's records.
Q,ICITY OF PARISlPROPOSALIGW PROPOSAL 07.07.DOC
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Mr. Shawn Napier, P .E.
July 18, 2007
Page 3
Task 3 - Facility Well Inventory
WBC will conduct an inventory of existing facility monitor wells and piezometers as
required by the TCEQ. According to TCEQ files, there may be 26 facility wells on or
adjacent to the landfill. Based on WBC's review of the case files, there may be more wells
at the site. For all located facility wells, each well's coordinates, depth, water level, well
condition, and repair/plugging recommendations will be recorded. This task assumes the
City will provide a surveyor with a GPS unit to accompany WBC's inventory technician
for about two days and record well coordinates. The City's surveyor costs are not
included in this proposal. Consistent with previous City proposal requests, the City's
surveyor will invoice the City directly.
Task 4 - Groundwater Sampling and Analyses Events
To determine if groundwater contamination issues persist, two consecutive quarterly
groundwater.sampling.events wilL be completed in the five landfill monitoring. wells and
14 piezometers requested by the TCEQ in)998. WBC will provide an: experienced
sampler and all necessary' sampling equipm~nt to complete the field portion of this task.
Immediately prior to'purging and sampling, water levels and methane gas concentrations
will be measured in 19 wells and piezometers at the site. The piezometers will be purged
and sampled in accordance with standard practices and consistent with recent events.
Groundwater samples will be collected from monitoring wells MW-l, MW-2, MW-3,
MW-4 MW-5 and piezometers MW-4A MW-5A P-I P-2 P-3 P-4 P-5 P-6 P-9 P-
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lOA, P-ll, P-12, P-13, and P-14. Samples collected each day will be shipped overnight to
Test America (formerly Severn Trent Laboratories in Austin and analyzed for the 47
VOCs listed by the TCEQ in Chapter 330 and ammonia (consistent with past events and
the TCEQ directive). Test America will provide signed laboratory reports with associated
laboratory QAlQC data and the required TCEQ report forms. The estimated laboratory
cost includes the quality control analyses of one field blank, one trip blank, and one
duplicate sample. Fiel9- purging and sampling data will be recorded by WBC on individual
well data sheets and chain-of-custody forms. WBC estimates about three days will be
required to purge and sample the 19 wells and piezometers, package and ship the samples,
and complete the required documentation. Consistent with previous City proposal
requests, Test America laboratory will contract directly with the City of Paris for service
payment. This proposal includes the estimated City cost (at standard turnaround time
without WBC subcontractor markup) for the proposed analytical services.
Task 5 - Project Status Report
After receiving the analytical data from the two WBC sampling events, WBC will prepare
a project status report summarizing the project activities completed between January 1998
and early 2008. The report will include the WBC and EMCON-collected information
Q..lcrrr OF PA.lI,/SI/'ROPOSALIGW PROPOSAL 07.Q7,DQC
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Mr. Shawn Napier, P.E.
July 18, 2007
Page 4
related to analytical results, the EMCON bar hole probe methane gas survey, a landfill
well/piezometer inventory, and details regarding EMCON's 1998 piezometer installations.
Based on the analytical results from the two WBC sampling events, the report will also
contain either a Remediation Plan or a plan to allow the site to exit the postc1osure period.
Two draft copies of the project status report will be prepared and submitted to the City for
review. After incorporating mutually-agreed upon City suggestions and changes, five
final copies of the report will submitted to the City and the TCEQ.
Schedule
WBC will begin work on this project within 30 days of receiving City authorization to
proceed, weather permitting. This proposal is valid for 120 days.
Budget
An estimated budget for 2007-2008 Stillhouse Road Landfill services is presented on the
following page. The estimated cost to perform the proposed .services is $45;020.WBC
will invoice the City for project time and materials costs, consistent with the attached
Annual Fee Schedule.
Estimated Budget for Stillhouse Road Landfill Services
Task 1: TCEQ Response Letter $1,185 $100 $1,285
Task 2: TCEQ Record Search $350 $650 $575 $1,575
Task 3 : Inventory Facility $2,200 $450 $2,650
Wells and Piezometers
Task 4: GroWldwater Sampling $6,600 $12,000 $6,000 $24,600
and Analyses Events (2)
Task 5: Project Status Report $14,560 $350 $14,910
Project Totals $350 $6,600 $30,595 $7,475 $45,020
g:\cm OF PAII/SlPROPOMLIOW PROPOSAL OM7.DOC
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Mr. Shawn Napier, P.E.
July 18, 2007
Page 5
Additional Considerations
We have developed the preceding proj ect approach based on our understanding of
available infonnation. The following is a list of additional considerations for the City's
current and future consideration.
· As per previous City requests, the drilling, analytic laboratory, and land survey
contractors will contract directly with the City for service payment. The City
will be responsible for disposal of all soil and groundwater wastes generated by
the investigation activities. In addition, this proposal assumes no WBC costs
will be incurred in securing agreements or accessing neighboring properties.
· Additional WBC and drilling contractor costs may be incurred due to poor
access or impassible conditions.
Included in Attachment 2 are copies of a Proposal Acceptance Sheet, WEC General
Ternis arid Conditions, and- WBC annual fee schedule.; If this proposal isaccepta:ble,-
please return one signed copy of the Proposal Acceptance Sheet to our office~ We
appreciate the opportunity to berof service to the City of Paris. Please contact us with any
questions or concerns.
Sincerely,
Weaver Boos Consultants, LLC-Southwest
Robert S. Ferbend, P.G.
Senior Hydrogeologist
fW/~
Jeffrey P. Young, P .E.
Principal
12M 4- 1-4-
Attachments: Attachment 1:
Attachment 2:
TCEQ Correspondence Dated January 21, 1998
TCEQ Correspondence Dated March 2, 2001
Proposal Acceptance Sheet
WBC General Tenns and Conditions
WEC Annual Fee Schedule
g,le/IT OF PARISIPIWPOSALIGW PROPOSAL 07-07.DOC
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Barry R. McBee, Chairman
R. B. "Ralph" Marquez, Commissioner
r'j John M. Baker, Commissioner
Dan Pearson, Executive Director
.:-.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Proteding Texas bV Redudng and Preventing Pollution
January 21, 1998
. The Honorable Eric S. Clifford, Mayor
City ofparis
P.O. Box 1037
Paris, Texas 75460
RE: SoUd Waste - Lamar COlU1ty
City of Paris Stillhouse Rd. Landflll- MSW Permit No. 144
Groundwater Investigation Report and Future Activities
Dear Mayor Clifford:
We have reviewed the report entitled Groundwater Investigation. City of Paris Stillhouse Road Landfill.
MSW Permit No. 144, dated September 1997. The document was submitted under a cover letter dated
October 6, 19.97, signed by Mr. A. Richard Smith, Senior Hydrogeologist, BMCON, Fort Worth, Texas.
Thank you for the report.
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We are glad to read about improvements in ~nal cover and drainage, and are interested in the possibility
that the volatile organic compolU1ds (VOCs) detected may be related to landfill gas. Please implement the
recommendations made in the report for further activities at the site, with the following modifications:
Ensure that the methane"gas survey adequately covers the entire site. In addition to concentrating
on the southeast part of the site, please also focus on the area arolU1d piezometer P-l1, which has
shoM! the highest overall concentrations ofVOCs in groundwater samples taken during 1996.
· Install replacement piezometer P-10A., and the proposed new piezometers P-13 and P-14 by the
end of the first quarter of 1998. (Note; In Figure 18 of the report, the proposed piezometers were
designated .P-12 and P-13; P-12 already exists, therefore the new piezometers should be
designated P-13 and P-14.) .
As soon as the replacement piezometer and new piezometers are ready, sample all monitor wells
(MW-l; 2, 3, 4, 5) and piezometers (P-I, 2, 3, 4, 5, 6, 9, lOA, 11, 12, 13), and the leachate from
MW -4A. Analyze samples for VOCs and ammonia as proposed. .
· Continue semiannual monitoring of all wells and piezometers in which VOCs are detected during
the first event in 1998. After additional infonnation is obtained and further reconunendations are
made, the monitoring schedule may be revised.
I' .
() Continue leachate extraction from MW-4A
P.O. Box 13087 · Austfn, Texas 78711-3087 o. 512/239-1000 0 Internet a9dress: www.tnrcc.state.tx.us
printtd cn rtcyde~ raptr using 5o}'.b~d ink
Mayor Eric S. Clifford, City of Paris, MSW Permit No. 144
Groundwater Investigation Report and Future Activities
January 21, 1998
Page 2
· Conduct a complete inventory and provide documentation on the status of all existing and past
monitor wells, including any that have been plugged and abandoned, As requested in Part B of our
previous letter, dated January 29, 1997, please inspect the condition of all existing monitor wells
and piezometers, both on and off the site, and determine which should be plugged and abandoned.
Information in our files suggests that there may be as many as 26 wells and piezometers (MW-l
through MW-5, MW-IA through MW-llA, P-l through P-6, and P-9 through P-I2), of which at
least 12 are on neighboring property(ies). Please document as completely as possible: (1) the
present condition of each well (including concrete pads); (2) construction details (including
elevation of ground surface, total well depth, elevation oftop of filter pack and top of well screen,
casing material, and type of seal); (3) current water level (elevation) in each well; and (4) any .
other significant information.
Please implement the recommendations of the Groundwater Investigation, including the modifications
outlined above, within 60 days from the date of this letter. Please also provide a written response to this
letter within the 60 days. All submittals, including the cover letter should be in triplicate (one original and
two photocopies). Please include the pennit number for the site and the name of the county on all
documents, and our internal mail code in the mailing address ("Me 124" appearing by itself on the first
line) on all envelopes and correspondence.
If you have any questions about this letter, please call Mr. Arten 1. Avakian, Geologist, at (512) 239~4419.
As our customer, your opinion is important to us in deten:nin.ing our strengths and weaknesses. Please take
a few minutes to complete the enclosed TNRCC Customer Survey and return it to us.
Sincerely,
0Jkv ~u
Ada Lichaa, Team Leader
Groundwater Monitoring Team
Municipal Solid Waste Division
AALI AJA
Enclosure
cc: Mr. Mike Brashear, Waste Program Manager, TNRCC Region 5 Field Office
Mr. Earl E. Smith, P:E., Paris City Engineer
Mr. A. Richard Smith, Senior Hydrogeologist, EMCON, Ft. Worth
Robert J. Huston, Chairman
R. B. "Ralph" Marquez, Commfssioner
'-)John M. Baker, Commfssi~ner
Jeffrey A. Saitas, Executive Director.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texas by Reaucing ,and Preventing Pollution
March 2, 2001
The Honorable Michael J. Pfiester, Mayor
City of Paris
P.O. Box 1037
Paris, Texas 75461-1037
Re: Solid Waste- Lamar C01,lnty
City of Paris Stillhouse Road Landfill- MSW Permit No. 144
Status of Grotmdwater Investigations and Corrective Action
Dear MayorcPfieste+,:
( )
'.-...
The purpose' of this letter is to inquire about the status of grotmdwater investigations and corrective
action to ,address impacts to groundwater by volatile organic compotmds andlor other constituents
apparently'originating from the referenced facility. We spoke by telephone on February 21, 2001,
with Mr. Terry Townsend, Director of Public W OI;ks for the CitY of Paris, to let him know in advan~e
that we would be sending this letter.
G
In our last communication, dated January 21, 1998 (copy enclosed), we reviewed a report entit1~d
Groundwater Investigation, City of Paris Slil/house Road Landfill, MSW Permit No. 144, dated
September 1997, and requested that the City implement recommendations ih the report, with some
modifications. We did not receive a response to that letter nor a follow-up report. Please note that
Title 30 Texas Administnitive Code, Chapter 330, Section 254 (Post-Closure Care Maintenance
Requirements) establishes that the o~er or operator of a closed municipal solid waste facility is
responsible for maintenance, and must correct problems such as leachate migretion and/or metharie
migration. Note also that this facility closed prior to implementation of the current municipal solid
waste rules, and therefore corrective action may be pursued tmder the Texas Risk Reduction Program
(see http://www.tnrcc.state.tx.us!permitting/trrp.htm On the TNRCC internet site for information).
Please review the situation and respond within 45 days from the date of this letter with a preliminary ,
plan and schedule to, complete the necessary, activities. Note that all submittals, including cover
letters, should be provided to the MSW Permits Section in duplicate (one original and one copy).
Please include the permit number for the site and the name ofthe county on all documents, and our
internal mail code (Me 124) in the mailing address. A c,opy.should also be sent directly tothe
TNRCC Region 5 field office, to the attention of Mr. Mike Brashear, Waste Section Manager,
P.O. Box 13057 · Austin, Texas 78711-3087 · 512/239-1000 · Internet address: www.tnrcc.state.tx.us
printed on ncyded p:per using $O)'.bued ink
Mayor Michael J. Pfiester, City of Paris, MSW Permit No. 144
Status of Groundwater Investigations and Corrective Action
March 2, 2001
Page 2
2916 Teague Drive, Tyler, Texas 75701-3756.
If you have any questions about this letter, please call Mr. Arten J. Avakian, Geologist, at (512)
239-4419.
Sincerely,
GeiA ~
Ada Lichaa, Team Leader
MSW Permits Section
Waste Permits Division
Texas Natural Resource Conservation Commission
AAL/aja
cc: Mr. Terry rownsend, P.E., Director of Public Works, City of Paris
Enclosure
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WEAVER BOOS CONSULT ANTS, LLC-SOUTHWEST
6420 Southwest Blvd., Suite 206
Fort Worth, Texas 76109
(817) 735-9770
PROPOSAL ACCEPTANCE SHEET
Description of Services: Landfill Consulting Services
Project Name: Stillhouse Road Landfill
Project Address: Stillhouse Road, Paris, Texas
Weaver Boos Project No.:
Client Contract No.: F2ll 02
Date: 07-18-07
For approval and payment of charges, invoices will be charged to the account of:
Firm: City of Paris, Texas
Street Address: 150 SE First Street
City/State: Paris, Texas
Zip Code: 75460
Attention: Mr. Shawn Napier, P.E.
Telephone: (903) 784-9292
This AGREEMENT acknowledges acceptance of the Standard Terms and Conditions (attached) and is subject to the
following special provisions/payment schedule:
Per attached proposal
This AGREEMENT is accepted by:
Weaver Boos Consultants, LLC-Southwest
e/7~
(Sign ture)
By (Signature)
Jeffrev P. Youn!!, P.E.
By (Type/Print)
By (Type/Print)
Principal
Accepted:
,19
Accepted: July 18.2007
P:\Groundwater\Paris\Proposal accept sheet07.rtf
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These General Terms and Conditions are incorporated by reference
into the foregoing Proposal and shall along with the Proposal
constitute the Agreement under which serv'ices are to be performed
by Weaver Boos Consultants, LLC (WBC) for Client. The Proposal
shall remain valid for 90 days unless otherwise stated in the
Proposal.
SECTION 1: SCOPE OF SERVICES
a. It is understood that the scope of services and time schedule
defined in the Proposal are based on the information provided
by Client and certain assumptions. If this information is
incomplete or inaccurate, or if unexpected site conditions are
discovered, the scope of services may change, even as the work
is in progress.
b. The scope of services shall include all services provided by
WBC in its discretion, which are reasonably necessary and
appropriate for the effective and prompt fulfillment of WBC'S
obligations under the Agreement and all services shall be
subject to the provisions of the Agreement, including these
General Terms and Conditions and any Supplemental Terms or
Conditions incorporated herein. All such services provided
shall be invoiced and paid for in accordance with Section 3
below.
c. All additional or subsequent work performed for client, shall be
subject to these General Terms and Conditions, unless
otherwise superseded or modified by mutual agreement of
WBC and Client.
SECTION 2: CLIENT DISCLOSURES
a. It shall be the duty of the Client before and during the project
to promptly notify WBC of any known or suspected hazardous
substances which are or may be related to the services to be
provided. Such hazardous substances shall include but not be
limited to any substance which posed or may pose a present or
potential hazard to human health or the environment, whether
contained in product, material, by-product, waste or sample
and whether it exists in a solid, liquid, semisolid or gaseous
form.
b. Following any disclosure as set forth in the preceding
paragraph, or if any hazardous substances are discovered or
reasonably suspected by WBC after its services are undertaken,
and which substantially change the costs and risks of the
project, then WBC may, at its discretion, discontinue its
services.
c. Client shall notify WBC of potential health hazards or
nuisances which might arise out of the work by WEC and its
contractors and/or subcontractors (hereinafter referred to as
subcontractors), and thereafter WBC shall take necessary and
reasonable measures to protect its employees against such
possible health hazards or nuisances. The reasonable direct
costs of such measures shall be borne by the Client.
d. The Client shall notify WBC of any other conditions, of which
Client is or should reasonably be aware of, which might
significantly affect the efficiency or safety of work of WBC.
SECTION 3: BILLmG AND PAYMENTS
a. Unless otherwise specifically provided in the Agreement,
billings will be based on the fee schedule referenced in the
proposal. WBC shall submit invoices monthly for services
performed and expenses incurred and not previously billed on
any previous invoice. Payment is due upon receipt. For all
WEA VER BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2006-Al
Page 1 of 4
amounts unpaid after thirty (30) days of the invoice date Client
agrees to pay to WBC a finance charge of one and one-half
percent (l 1/2%) per month, eighteen percent (18%) annually,
or the legal maximum rate if it is less. The billing rates
described in this Agreement may be modified on a periodic
basis (typically annually). These modifications will be
incorporated into long term projects, unless otherwise
addressed in the Proposal.
b. The Client shall provide WBC with a clear written statement
within fifteen (15) days after receipt of the invoice of any
objections to the invoice or any portion or element thereof.
Failure to provide such a written statement shall constitute
acceptance of the invoice as submitted. Only the disputed
sums may be withheld from payment. Further, WBC and
Client agree to promptly address and resolve invoice disputes.
c. The Client's obligation to pay for the services performed under
this Agreement is in no way contingent upon other events;
including but not limited to Client's ability to obtain financing,
zoning, approval of governmental or regulatory agencies, final
adjudication of a lawsuit in which WBC is not involved,
complete a transaction or successfully complete the project.
No deduction shall be made from any invoice on account of
penalty, liquidated damages or other sums withheld from
payment to WBC.
d. If timely payments are not received, then WBC may commence
collection activities. It is agreed that all expenses incurred by
WBC in obtaining liens, obtaining judgments or collecting any
amounts due under the Agreement including the time of WBC
employees, at full billing rates, all associated costs,' and
reasonable attorney's fees shall be recoverable from the Client.
SECTION 4: RIGHT OF ACCESS
a. If services to be provided under this Agreement require the
agents, employees, or subcontractors of WBC to enter onto. the
Project site, Client shall provide timely right of access to the
site to WBC, its employees, agents and subcontractors, to
conduct the planned field observations and services. WBC
shall take reasonable precaution to reduce damage to the site
due to its operations, but is not responsible for the cost of
restoration for any damage resulting from its operations, unless
otherwise provided for in the Proposal.
SECTION 5: SAMPLING OR TEST LOCATION
a. If the scope of services includes performance of soil borings, or
other subsurface excavations by WEC, it is understood that the
Client will furnish WBC with a diagram indicating the location
and boundaries of the site, and all subsurface structures and
utilities. WBC reserves the right to deviate a reasonable
distance from the proposed boring location(s). Client
recognizes that drilling equipment is large and heavy and
understands the risk of site damage. At Client's request and
cost, WBC will restore the site to the conditions existing prior
to WBC operations if practicable. WEC shall not be liable for
damage or injury to or resulting from damage to subterranean
structures (pipes, tanks, cables, wires or other utilities and
subsurface structures, etc.) which are not called to WBC's
attention in writing and correctly shown on the diagram(s)
furnished or correctly marked at the site.
b. Unless otherwise stated, the fees in this proposal do not include
costs associated with surveying of the site for the accurate
horizontal and vertical locations of tests. Field tests or boring
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locations described in our report or shown on sketches are
based upon information furnished by -others and/or estimates
made in the field by our representatives. Such dimensions and
elevations should be considered as approximations unless
otherwise stated.
c. This agreement may be tenninated if site conditions prevent
soil borings or other subsurface excavations by WBC at or near
the designated locations, because of either obstructions or
safety considerations, and these conditions were not revealed to
us prior to acceptance of this Agreement. If, in order to
complete borings, or other subsurface excavation, to their
designated depths, additional work is necessitated by
encountering impenetrable subsurface objects, this and all
additional work will be charged for at the appropriate rates in
the fee schedule.
d. Any equipment lost or damaged due to site surface or
subsurface conditions, and not the negligence of WBC or its
subcontractors, will be invoiced at cost plus IS percent.
SECTION 6: SAMPLES
a. All materials and samples will be discarded immediately after
testing unless the Client advises WEC in writing to the
contrary. In such case, the samples will be delivered, shipping
charges collected, or stored at owner's expense.
b. Client shall have the sole responsibility to dispose of any
hazardous substance or regulated contaminant whether the
result of or a by-product of sampling or not, in accordance with
applicable law. Client shall bear all costs and liabilities
associated therewith.
c. Client agrees to indemnify, defend and hold harmless WBC
from any claims made or asserted against WBC arising out of
or related to collection, storage or disposition of samples or
materials alleging a failure to comply with any Federal, State
or local environmental law, regulation or ordinance.
REPORTS AND OWNERSHIP OF
SECTION 7:
DOCUMENTS
a. With the exception of WBC reports to Client, all documents,
including field data, field notes, laboratory test data,
calculations and estimates are and remain the property of
WBC. Client agrees that all reports and other work furnished
to the Client but not paid for in full will be returned to WBC
upon demand and will not be used for design, construction,
permits, licensing, or any other purpose.
b. Documents, including but not limited to, technical reports, field
data, field notes, laboratory test data, calculations, and
estimates furnished to the Client or its agency pursuant to this
agreement are not intended or represented to be suitable for use
by third parties or reuse by the Client or to the extensions of
the Project or on any other project. Any use or reuse without
WBC's written consent will be at Client's sole risk and without
liability or legal exposure to WEC or to WBC's
subcontractor(s). Client shall indemnify and hold harmless
WBC and WBC's subcontractor(s) from all claims, damages,
losses and expenses including attorneys' fees arising out of or
resulting therefrom.
SECTION 8: INDEMNITY PROVISIONS
a. WBC agrees to indemnify, hold harmless, and defend Client
from and against any loss, damage, injury, claim, and liability
arising and caused by the negligent acts or omissions of WBC,
WEAVER BOOS CONSULT ANTS, LLC
General Terms and Conditions
Version 2006-Al
Page 2 of 4
its agents and subcontractors, but subject to the limitations of
liability set forth in Section II of this Agreement. Further,
Client agrees to indemnify, hold harmless, and defend WBC
against any loss, damage, injury, claim or liability not caused
by or arising from the acts or omissions of WBC.
SECTION 9: STANDARD OF CARE
a. WBC represents that the services performed under this
Agreement will be perforn1ed with the care and skill ordinarily
exercised by reputable members of the profession practicing
under similar conditions at the same time in the same or similar
locality .
b. Client recognizes that subsurface conditions may vary from
those encountered at the locations where the borings, surveys,
or explorations are made by WBC and that the data
interpretations and recommendations of WBC's personnel are
based solely on the information available to them. WBC will
be responsible for those data, interpretations, and
recommendations, but shall not be responsible for the
interpretation by others of the information developed.
c. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS
MADE OR INTENDED BY RENDITION OF CONSULTING
SERVICES OR BY FURNISHING ORAL OR WRITTEN
REPORTS OF THE FINDINGS MADE.
_ SECTION 10: INSURANCE
a. WBC represents that it and its agents, consultants, and
subcontractors employed by it, is and are protected by
Worker's Compensation insurance and that WBC has coverage
under liability insurance policies which WEC deems
reasonable and adequate. WBC shall furnish certificates of
insurance upon request. If the Client requests specific
inclusions or limits of coverage that are not present in WBC's
insurance, the cost of such inclusions or coverage increases, if
available, shall be at the expense of the Client.
SECTION 11: LIMITATIONS OF LIABILITY
a. IT IS AGREED THAT, TO THE FULLEST EXTENT
PERMITTED BY LAW, CLIENT WILL LIMIT WBC's
TOTAL AGGREGATE LIABILITY TO CLIENT TO $50,000
OR THE AMOUNT OF WBC's FEE, WHICHEVER IS LESS,
FOR ANY AND ALL INJURIES, CLAIMS, LOSSES
EXPENSES OR CLAIM EXPENSES (INCLUDING
ATTORNEY'S AND EXPERT WITNESS FEES) ARISING
OUT OF THIS AGREEMENT OR THE SERVICES TO BE
PERFORMED PURSUANT TO THIS AGREEMENT FROM
ANY CAUSE OR CAUSES. SUCH CAUSES INCLUDE,
BUT ARE NOT LIMITED TO, WBC'S NEGLIGENCE,
ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF
CONTRACT, STATUTORY LIABILITY, BREACH OF
WARRANTY, NEGLIGENT MISREPRESENTATIONS,
ENVIRONMENTAL LIABILITY OR OTHER ACTS
GIVING RISE TO LIABILITY BASED UPON CONTRACT,
TORT OR STATUTE. IT IS EXPRESSLY AGREED THAT
THE REMEDY STATED HEREIN IS THE CLIENT'S
EXCLUSIVE AND SOLE REMEDY FOR ANY
DAMAGE(S) ARISING OUT OF THIS AGREEMENT OR
SERVICES TO BE PERFORMED PURSUANT TO THIS
AGREEMENT.
b. WEC will increase our limitation of liability up to the limits of
our available insurance coverage or otherwise to $100,000,
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whichever is greater, upon client's written request, and for the
additional consideration of $500. Said request and payment
must be received within 14 days of the date of execution of the
Proposal and be before any claim arises.
c. The Client further agrees to notify any contractors or
subcontractors who may perform work in connection with any
design, report or study prepared by WBC of such limitation of
liability for breach of contract, errors, omissions or negligence
and require as a condition precedent to their performing their
work a like limitation of liability on their part as against WBe.
d. The Client and WBC agree that neither will be liable to the
other for consequential damages incurred due to the fault of the
other. Said damages include, but are not limited to, loss of use
and lost profits.
e. With the exception of actions pertaining to materialmen or
mechanic's liens, and if lawful, causes of action between the
parties to this Agreement pertaining to acts or failures to act
shall be deemed to have accrued and the applicable statutes of
limitations shall commence to run on the date the alleged act or
failure to act occurred.
f. Not withstanding the above, all claims, whether based upon
contract, tort, breach of warranty, professional negligence
(including errors, omissions or other professional acts), or
otherwise, shall be deemed waived unless made by the Client
in writing and received by WEC within one (I) year after
. Client reasonably knew or should have known of its existence,
but in no event, shall such claim be asserted by Client later
than two (2) years after WBCs completion of services with
respect to which the claim is made.
SECTION 12: ARBITRATION OF DISPUTES
a. Claims, disputes or other matters in question between the
parties to this Agreement arising out of or relating to this
.Agreement or the breach thereof shall be subject to and decided
by arbitration in accordance with the Construction Industry
Arbitration rules of the American Arbitration Association
currently in effect, such arbitration to be held in Chicago,
Illinois, unless the parties mutually agree otherwise.
b. . Demand for arbitration shall be filed in writing with the other
party to this Agreement and with the American Arbitration
Association. A demand for arbitration shall be made within a
reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for
. arbitration be made after the date when institution of legal or
equitable proceeding based on such claim, dispute or other
matter in question would be barred by applicable statutes of
limitations subject to Section I O( e) above.
c. No arbitration arising out of our relating to this Agreement
shall include, by consolidation, joined or in any other manner,
an additional person or entity not a party to this Agreement
except by written consent of WBC, Client and any other person
or entity sought to be joined.
d. The award tendered by the arbitrator shall be final, and
judgment may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof.
SECTION 13: TERMINATION
a. This Agreement may be terminated by either party upon at
least seven (7) days written notice in the event of substantial
failure by the other party to perform in accordance with the
WEAVER BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2006-A 1
Page 3 of 4
terms hereof through no fault of the terminating party. Such
tennination shall not be effective if the substantial failure has
been remedied before expiration of the period specified in
written notice.
b. WBC may terminate this Agreement if the Client suspends
WBC's services for more than sixty (60) consecutive days
through no fault ofWBC's.
c. This Agreement may be terminated without cause by either
party upon at least sixty (60) days' written notice.
d. [fthis Agreement is terminated, WBC shall be paid for services
performed prior to the termination date set forth in the notice
plus termination expenses. Termination expenses shall include
costs attributable to personnel and equipment rescheduling and
re-assignment and all other costs incurred directly attributable
to termination.
SECTION 14: MISCELLANEOUS
a. In the event that any provision herein shall be deemed invalid
or unenforceable, the other provisions hereto shall remain in
full force and effect, and binding upon the parties hereto.
b. The heading or title of a section is provided for convenience
and information and shall not serve to alter or affect the
provisions included herein.
c. All obligations arising prior to the termination of this
Agreement and all provisions of this Agreement allocating
responsibility or liability between the Client and WBC shall
survive the completion of services and the termination of the
Agreement.
d. Unless otherwise provided, the substantial law of the State of
Indiana will govern the validity of this agreement, its
interpretation and performance, and remedies for contract
breach or any other claims related to this agreement.
e. WBC shall apply professional judgment in determining the
extent to which WEC shall comply with any given standard
identified in WBC's documents. Unless otherwise indicated,
such compliance, referred to as "General Compliance"
specifically excludes consideration of any standard listed as a
reference in the text of those standards cited by WBC.
r. Unless specifically stated in WBC's Proposal, it is understood
the costs for implementation of the work are based on privately
owned projects utilizing merit (non-union) wages and
employees. Government funded or publicly owned projects
that require prevailing wages will have specific fees identified
in the Proposal. Any job action, strike, or other requirement to
use union represented employees will require renegotiation of
the costs for performing the work.
g. In the event that WBC borrows or uses equipment or
machinery, including but not limited to stationary, mobile and
non-road mobile equipment, from the Client, it is agreed that
the equipment is being rented for the sum of $1.00 and other
considerations unless a specific rental agreement is executed by
the parties.
h. This Agreement may be assigned by WBC to an affiliate
company, in whole or in part. WBe may also retain persons or
entities not in WBC's employ without Client's prior specific
consent when such retention is appropriate and customary,
including, but not necessarily being limited to, surveyors,
drilling subcontractors, testing laboratories, remediation
contractors, and specialized consultants. Client shall not assign
o:lhomelproposa/laltachmenls_llcllerms & condilionslgenera/lerms and condilions_2006-al.doc
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WEAVER BOOS CONSULT ANTS, LLC-SOUTHWEST
ANNUAL FEE SCHEDULE - PROFESSIONAL SERVICES
(Revised November 2006)
1. PROFESSIONAL STAFF
a) Principal/Corporate Consultant...... ................. ............... ................. ......... .......... ..............
b) Project Director ...... ............................................... ...... .......................... .............. .............
c) Senior Project Manager................ ...................... ................. ..... .................. ..... .................
d) Senior Project Engineer/Scientist. ................ ......... ........................... ..... ........... ................
e) Project Manager................................................................................................................
f) Project Engineer/Scientist/Environmental Specialist............ ....................... ...... ................
g) Staff Engineer/Scientist/Environmental Specialist....... ....... ........... ............. ..... ......... ........
h) Engineer/Scientist/Environmental Specialist ...... .......................... ....... ...... ........ ...............
II. TECHNICAL STAFF
a) Construction Superintendent. ................... ...................... ................................... ........... .....
b) Construction Manager.... ........ .......... ....... ................................ ..........................................
c) System Specialist... ......... ..................................................... ........... .......... ...... ..................
d) System Technician.................... ........... ........ ..... ........................ ...... .................. ................
e) Certified Technician...... ......................................... ............. ............................. ................
f) Senior Engineering Technician........ ............. .................................... ......... .......................
g) Engineering Technician II... .......... ....... ........................... ......... ........................................
h) Engineerning Technician I.... ...... .................. ....................................................................
III. SUPPORT STAFF
a) CAD Designer III..... ...... ..... ... .... ... ... ............. .......... ....... ....... .......... ......... .... ..... ........ ........
b) CAD Designer II.. .................. .......... ........... ..... ..... .............................. ................. .............
c) CAD Designer I ................................................................................................................
c) Technical Assistant ........... ............... ................................. ............................ ....................
d) Clerical/Word Processing ......... .................... ........ ........ ................................. ............ .......
IV. GENERAL EXPENSES
a) Automobile Transportation.. .......... ............. ................ .......... ...... ........................... ...........
b) Subcontract Service or Rental........ ............................................................. ...... ................
c) Report Preparation (outside services) ...............................................................................
d) Outside Services
(e.g. photographer, film processing, overnight delivery, etc.) ..........................................
e) Per Diem (food and lodging) ............................................................................................
f) Per Diem (no lodging) ......................................................................................................
g) Transportation by Commercial Carrier or Rental Car.......................................................
h) Travel Expenses... .... ..... ....... .............. ........... ... .... ....... ........ ... .... ... ............ ...... ..... ...... .......
U.S. $
Hr 165.00
Hr 140.00
Hr 125.00
Hr 110.00
Hr 100.00
Hr 90.00
Hr 80.00
Hr 75.00
U.S. $
Hr 80.00
Hr 70.00
Hr 65.00
Hr 60.00
Hr 55.00
Hr 50.00
Hr 45.00
Hr 40.00
U.S. $
Hr 75.00
Hr 65.00
Hr 50.00
Hr 45.00
Hr 40.00
Mi. $0.55
Cost + 15%
Cost + 15%
Cost + 15%
$140/day
$30/day
Cost+15%
Cost+ 1 5%
UNIT PRICE NOTES:
1. All professional, technical, and support staff time and expenses spent in furtherance of the client's work
will be billed. This includes, but is not limited to, proposal, field, travel, research, technical review and
reporting, project management, client meeting, and project-specific administrative time and expenses.
2. An overtime rate of 1.3 times the regular rate is billed for technical and support staff services for work
in excess of 40 hours per week, work between 7:00 p.m. to 5:00 a.m., and work on Saturdays. This
overtime.rate is increased to 2.0 times the regular rate for work on Sundays and holidays.
3. Unless otherwise agreed to in writing, a monthly interest charge of 18% per annum, will be charged
accruing from the date of invoice, on all invoices not paid within 30 days.
4. The unit rates are subject to periodic modification (typically annually). These rate modifications will be
incorporated into long-term projects, unless otherwise addressed in the project contract.
5. Deposition and testimony services are charged at 1.5 times the regular billing rate.
GENERAL EXPENSE NOTES:
1. Rates quoted are for expenses only, equipment purchased on the client's behalf is marked up 25%
2. Personnel rates are billed separately from general expenses.
3. Standard non-disposable protective outer-wear or equipment damaged or contaminated by site
conditions are billed at replacement cost plus 15%.
4. General expense mark-ups may be negotiated based upon contract size and payment terms.
5. The per diem rates set forth above are the standard rates we typically use for our technical staff on
projects. We reserve the right to modify these rates in high cost areas.
Any modification to this fee schedule requires the written approval of Weaver Boos Consultants, LLC
P:IGrowldwuterIGrw/dPrairieIProposals\2006 GW Propos(I/\2007 WBe Fee Schedule_doc
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WEAVER BOOS CONSULTANTS, LLC-SOUTHWEST
ANNUAL FEE SCHEDULE - PROFESSIONAL SERVICES
(Revised November 2006)
v. EQUIPMENT RENTAL FEES
A) pH, Specific Conductance and Temperature Meter ....................................
B) Grundfos Purge Pump,and Controller.........................................................
C) Honda Electric Generator ...........................................................................
D) Disposable Poly Bailer................................................................................
E) Disposable Gloves ......................................................................................
F) Water Level Indicator .................................................................................
G) Filter and Hose (for pump) .........................................................................
H) Modified Level "D" (Tyveks, Boots, Gloves)/per person/per chg of clothing
I) Photo ionization Detector (PID) ..................................................................
J) Nuclear Density Gauge ...............................................................................
K) Air Sampling Equipment, per pump ...........................................................
L) Hand Operated Field Probe Equipment ......................................................
M) Explosimeter ...... ................ ............. ...... ...................................... .......... ......
N) GA90/GEM 500 Gas Analyzer ...................................................................
0) Flame Ionization Detector............... ..................... ............ ...........................
P) Interface Probe............ ................................................................................
Q) A TV........ ..................... ......... ............... ................. ...... ...... ......... ..... ............
R) Company Truck .....................................................................................,....
Day
Day
Day
Ea
Pair
Day
Ea
Ea
Day
Day
Day
Day
Day
Day
Day
Day
Day
Day
30.00
150.00
50.00
8.00
0.50
30.00
25.00
50.00
100.00
60.00
50.00
110.00
35.00
100.00
110.00
50.00
25.00
75.00
TESTING AND RENTAL NOTES:
1. Rates for testing and equipment not listed above are available on request.
2. Testing and equipment rental costs are negotiable for specific projects and for on-site laboratory
programs. .
3. Laboratory unit prices cover equipment and labor costs to perform standard test procedures and
laboratory reports with normal turn-around times. Non-standard testing requirements, supervisory
and project management costs, data evaluation costs, and environmental sample disposal costs are
not included in the testing unit prices and are billed separately.
4. Equipment rental rates are for equipment costs only. Transportation, calibration and personnel
costs are billed separately.
5. Daily and weekly rates cover a maximum of 10 and 50 hours respectively.
6. SAMPLES WILL NOT BE RETAINED beyond classification and testing unless other
arrangements are agreed to in writing. Environmental samples remain the property of the client.
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