2007-125-RES-Approving a Professional Services contract for groundwater monitoring and testing at the stillhouse road landfill between th eCity of Paris and Weaver Boos consultants LLC;RESOLUTION N0. 2007-125
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
ATTEST:
of October, 2007.
,~
~~,
J sse Jame reelen, Mayor
lce Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
~~~~
~~~~
ca7rrsv~.~c~''~c~
LLC
B(D'C)'Y'I~Td~']EB'~'
July 18, 2007
Mx. Shawn Napier, P.E.
Director of Public V~rorks
City of Paris
I50 SE First Street
Paris, Texas 754b0
6420 SOUTHWEST BLVD, SUITE 206
FORT WC11~TH, TF,XAS 76109
PHQNE; 817 735.9774
FAX; 817.735.9775
www.weaverboos.corn
Re: Proposal for Landfill Consulting Services
Stillhause Road Landfill, Paris, Texas
Dear Mr. Napier:
Chicago, IL
Springfield, IL
Naperville, IL
Griffi~h,l'N
South Be1a~', IN
Denver, CO
St. LOUiS, ~b14
Columbus, OH
Fort Worth, TX
V~eaver 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 pote~itial additional services, a project schedule
and estimated budget. This proposal supersedes our pxevious 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 2l, 199$ and March 2, 2001) regarding the Stillhouse Road landfill. The City
was directed by the TCEQ in January 1998 to complete the fallowing investigation
activities:
• Complete a methane gas survey.
• Install proposed assessment piezometers P-13, P-14, and replacement
piezameter P-10A.
• Collect groundwater samples from all five monitoring wells and 14
piezometers, analyze the samples far volatile organic compounds {Vt3Cs) and
ammonia.
• Continue leachate pumping from well M'~V-~A.
• ~.ventary 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, EMC~N correspondence and groundwater
EXHIBIT,
Mr. Shawn Napier, P.E.
July 1 S, 2007
Page 2
sampling activities, assessment piezometers P-13, P-14 and replacement piezometer P-
l0A 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 concentxations exceeding EPA. drinking water standards were present at
the northern landfill boundary (in piezometers P-11; P-13 and P-14}, and had migrated off
site beyond the southeast landfill boundary (in the vicinity of piezometers P-2 and' P-~}.
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
project summary report summarizing these activitaes 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.
Rroposed Services
This proposal's services axe based on available project information, and are designed to
address the previously noted TCEQ.. iiivestigatioh zequireixients fai ~~.tlie `site and to
.......determine if a persistent groundwater VOC~ contamination issues are` present, Xf
groundwater contamination above-the EPA, drinking water standards is riot 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- TGEQ Response Letter
WBC will prepare an initial TCEQ response letter that briefly summarizes the project
activities completed since 199$ 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 response lettez will be
prepared and submitted to the City for review. After incozporation of mutually-agreed
City suggestions and changes, five final copies of the TCEQ response letter will be
submitted to the City and TCEQ.
Task ~ - TGEQ Record Search
As noted in the project understanding, the available infarmation 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 azchives. WBC
will make a duplicate set of the TCEQ information obtained for the City's records.
Q;ICITYOFPAR7SfPROPOSALICWARDAOS~lL07.07.DOC ~~~~~ ~~ ~~~a~
Mr. Shawn Napier, P.E.
July 18, 2007
Page 3 ,
Task 3 -1=acility Well Inventory
WBC will conduct an inventory of existing facility monitor wells and piezameters as
required by the TCEQ. According to TCEQ files, there may be 26 facility wells on or
adjacent to the landfill. Based an WBC's review of the case files, there maybe 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
Ta determine if groundwater contamination issues persist, two consecutive quarterly
groundwater.sampling-events will~be-completed in the five landfill monitoring~~vells and
14 piezameters requested by the TCEQ in ,1898. WBC will provide an experienced
sampler and all necessary sampling equipment to complete the field portion of this task.,
Immediately prior to purging and sampling, water levels and methane gas concentrations
will be measured. in l 9 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. wild be collected from monitoring wells MW-1, MW-2, MW-3,
MW-~, MW-5, and piezozneters MW-4A, MW-SA, P-l, P-2, P-3, P-4, P-5, P-6, P-9, P-
10A, P-11, P-12, P-13, and P-l~. Samples collected each day will be shipped overnight to
Test America (formerly Sevem 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 QA/QC data and the required TCEQ report forms. The estimated labaxatary
cost includes the quality control analyses of one field blank, one trip blank, and one
duplicate sample. Field purging and sampling data will be recorded by WBG an individual
well data sheets anal chain-of custody forms. WBC estimates about three days will be
required to purge anal sample the 19 wells and piezameters, 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~1G(TYOFPARlStPROPOSALICN'AROAOS~tLO1.01.pOC ~/,~~~~y ~"B~,(~~x~~~?~'~
Mr. Shawn Napier, P.E.
July 18, 2007
Page 4
related to analytical results, the EMCUN bar hole pxobe methane gas survey, a landfill
well/piezometer inventory, and details regarding EMCQN's 1998 piezometer installations.
Based on the analytical results from the two WBC sampling events, the report will also
contain either a Remediatian plan or a plan to allow the site to exit the postclosure period.
Two draft copies of the praject status report will be prepared and submitted to the City far
review. After incorporating mutually-agreed upon City suggestions anal changes, fve
final copies of the xeport will submitted to the City and the TCEQ.
Schedule
WBC wiII begin work on this praject within 30 days of receiving City authorization to
proceed, weather permitting. This proposal is valid for 120 days.
Budget
An estimated budget far 2007-2008 Stillhouse Road Landfill services is presented an the
following page. Tie .estimated cast to perform the proposed services. is $45;020. WBC
will invoice the City for project tinge and materials costs, consistent with the attached.
Annual Fee Schedule.
Q 7CJT1'OF PARISIPROPOSALIf~Y/PROPOSrlL 07.01.AOC ~j ~p
~J1i e"IJOfld~ T~pf7,Qtl.~rl'b~d~'
Estimated Budget for Stillhouse Road Landfill Services
Mr. Shawn Napier, P.E.
July 18, 200'1
Page S
Additional Considerations
We have developed the preceding project approach based an our understanding of
available information. The following is a list of additional considerations far 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 casts
will be incurred in securing agreements ar accessing neighboring properties.
Additional WBC and drilling contractor casts may be incurred due to poor
access or impassible conditions.
Included in Attachment 2 'are codes t3f a Proposal Acceptance ~ Sheet, WBC General
.. ~ Terms and Conditions, and WBC annual fee schedule. ~ If this proposal is acceptable; .- _ ~ .
please return one signed copy of the Ptaposal Acceptance Sheet to our office. We
.appreciate the oppoxtunity to be ~of service to the City of Paris: Please contact us with any
questions or concerns. .
-Sincerely, _ .
Weaver Boos Cousuitants, LLC-southwest
~'
Robert S. Ferbend, P.G, Jeffrey P. Young, P.E.
Senior Hydrogeolagist Principal
Attachments: Attachment l : TCEQ Correspondence bated January 21,1998
TCEQ Correspondence Dated March 2, 2001
Attachment 2: Proposal Acceptance Sheet
WBC General Terms and Conditions
WBC Annual Fee Schedule
6~tClTY DFPRR1SiPROPDSALIGW PRDPDSAL 07-07.DDC
~~eu~r. ~'a~ 4~~n.~ucl~,~.in~a~
c
~~~ ~ Off'
Barry ~, McBee, Chairman ~ ~~,
w ~
R. B. "Ralph" Marquee, Comsa2issioner ~ ~ ~
/"
John M. Raker, Commissianer
Dan Pearson, ~'xecutiUe.Dtrectar
TEAS ~1ATURAL RESOURCE CONSERVATION COMM~SS~aN
Protecfing 1'~xas Gy Reducing and Freuenting Pollution
7anuary ~l, 1998
The Honorable Eric S. Cliffoxd, Mayer
City ofParis .
'i ~',0, Box. 1037
Paris, Teas 75460
RE: Solid Waste -Lamar County
City of Paris Stillhause Rd. Landfill - MSW Permit No. X44
Groundwater Investigation Report and Future Activities
Dear Mayor Clifford:
Wa have reviewed the repart entitled Groundwater Investigation, City of Paris Stillhouse Road Laru fill,
.MSW Permit ~o. 14~, dated September 1997. The document vas submitted under a cover letter dated
~., actober 6,1997, signed by Mr. A. Richard Smith, Senior Hydrageolagist, EMCON, Fort Worth, Texas,
~~J Thank you far the repart.
We are glad to read about improvements in final cover and drainage, and are interested in the passibility .
that the volatile organic rampounds {'Vacs} detected may be related to landfill gas. Please implement the
recommendations trade in the report far further activities at the site, with the following modificat~ans:
+ Ensure that tha tnethan~ gas survey adequately covers the entire site. In addition to concentrating
an the southeast part of the szte, please also focus on the area around piezameter P-I 1, which has
shown the highest overall concentrations of VoCs in groundwater samples taken during 1996.
+ Install replacement piezometer P-IOA, and the proposed new piezameters P-I3 and P-14 by the
end of the first quarte;• of 1998. (Note: lrt Figure I8 of the repart, the proposed piezometets were
designated .P-12 and P-I3; P-I2 already exists, therefore the new piezometers should be
designated P-I3 and P-I~4.)
+ As soon as the replacement piezameter and new piezometers are ready, sample alt monitor wells
(MW-l; Z, 3, 4, 5) and piezometers (P-I, Z, 3, 4, 5, 6, 9, IQ.A., I I, I2, 13}, and the leachate from
MW-4A. Analyze samples for V4Cs and ammonia as proposed.
• Continue semiannual monitoring of all ~~vells and piezometers in which VOCs are detected during
the first event in 199&. After additional information is obtained and further recommendations are
made, the monitoring schedule may be revised.
• Continue leacha#e extraction from MW-4A.
t...~
P.O. Box 13087 ~ Austin, Texas 78711-3087 0 512/239-i000 o Internet address: www.tnrcc,state.tx.us
prinle3 an rtcyckrJ papec usit~ soy~bais:d ink
M~.yor Eric S. Clifford, City of Paris, MSW Permit No.144
Groundwater lnvestigation Report and Future Activities
January 21,1998
Page Z
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 ouz
previous letter, dated 3anuaxy 29,1997, please inspect the condition of all e~cisting monitor wells
and piezometers, both on and offthe site, and determine which should be plugged and abandoned.
lxd'ormation in our files suggests that there maybe as many as 2b wells and piezometers (MW-1
through MW-5, MW~1A through 1vTW1 iA, P-1 through P-6, and P-9 through P-12}, ofwhich at
least 12 are on neighboring property(ies}. Please document as completely as possible: (I}the
present condition of each, well {includang concrete pads}; (2) construction details (including
elevation afground surface, total well depth, elevation of top of filter pack and top of well screen,
casing material, and type of seal); (3) current water level (elevation) in each well; and (~) 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 GO days. All submittals, including tho cover letter should be in triplicate (one original and
two photocopies). Please include the permit number for the site and the name~of the cotuxty an all
documents, and our internal mail code in the mailing address (~`NIC 12~" appearing by itself on the first
line} on all envelopes and correspondence,
lfyou have any questions about this letter, please call Mr. Arten 1. Avalcian, Geologist, at (S 12} 239-4419.
As our customer, your opinion is important to us in determining our strengths and weaknesses. Please take
a few minutes to complete the enclosed TNRCC Customer Survey and return it to us.
Sincerely,
~~~
Ada Lichee, Team Leader
Groundwater Monitoring Team
Municipal Solid Waste nivision
AAL/A1A
Enclosure
cc: Mr. Mike Brashear, Waste Program Manager, TNRCC Region S Field Cfl~ce
Mr. Earl E. Smith, P:1/., Paris City Engineer
11r1r. A, Richard South, Senior PTydrogeologist, EMCON, Ft. Worth
Robert!, Huston, Chairman ~ . ,
R.B. "Ralph„ Marques, Cartrmissioner x
I ~~John M. Baker, Commissioner ~ ~'
Jeffrey A. Saitas, ~`xe>"tttive Director.
TEXAS NATURAL RESOURCE CONSERVATl4N CaMMISSION
Prateeti~g Texas bg Reducing and Preventing Poltufion
March ~, 2001
The Honorable Michael J. Pester, Mayor
City of Faris
FA. l3ox 1037
Paris, Texas 75451-I037
Re: Solid`Waste -- ~,amar County
City of I?aris 5tillhouse road Lax~df'ill -~ MSW Permmit No.144
Status of Groundwater Investigations and Corrective Action
Dear Mayor.Ffiester;
r,....
,`,~`) The purpose of this letter is to inquire about the status of groundwater investigations and corrective
action toaddress impacts to groundwater by volatile organic compounds and/or other constituents
apparently'originating framthe xeferencedfacility. ~Ve spoke by telephone on February 2 1, 2041., .
with Mr. Tezzy Townsend, Director of public Works for the City of Paris, to let him know in advance..
that we would be sending this letter.
In our last communication, dated January 21,1998 (copy enclosed), we reviewed a report entitled
Groundwater 1'nvastigation, City of Paris ~'ti~dhouse Road .iaandf li, M~I~ Permit No. 1 ~4, dated
September 1997, and requested that the City implement recarnnaendations ii~the report,with some
modifications. We did not receive a response to that letter nor afollow-up report. Please note that
Title 30 Texas Adar~inistrative Gode, Chapter 330, Section 254 (Post-Closure Care Maintenance
Requirements} establishes that the owner or operator of a closed municipal solid waste facility is
responsible for miaintenance, and must correct problems such as leachatemigration and/or methane
migration. Note also that this facility closed prior to implementation of the current municipal solid
wasterules, andtherefore corrective actionmaybepursuedundertheTexasltisl~Reductionl?ragram
(see htt„~~llwww.tnxcc state tx.us/permitting/tma.htm on the TNRCC Internet site for information}.
Please review the situatiaa 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 saver
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 of the county an. all documents, and our
~~ internal mail code (MC 124} in the mailing address. A copy should also be sent directly to.the
TNRCC Region 5 field office, to the attention of Mr. Mike Brashear, V+laste Section Manager,
PA. Box 13087 ~ Austin,'fexas 78711-3087 • 5121239-1000 ~ Internet address: w4vw.fnrcc.state.t<c.us
printed on reryded paper using so;~~6ased ink
Mayor Michael J. Pester, City of Paris, MSW Permit No.144 .
Status of Crroundwater Jnvestigatians and Corrective Action.
March 2, 2QOI
Page 2 .
2916 Teague Drive, Tyler, Texas 75701-3756.
~ you have any questions aba~zt this letter, please call Mr. Amen J, Avakian, Gealagist, at X512}
239.4419.
Sincerely, .
~~. ~~~
Ada Lichaa, Team Leader .
MSW Permits Section .
Waste Pemtits Division
Texas Natural Resauxce Conservation Commission
AALlaja
ce: Mr. Terry Townsend, P.E., Director of Public Works, City of Paris
Enclosure
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WEAVER BOOS CONSULTANTS, 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.: Date: 07-18-07
Client Contract No.: F21102
For approval and payment of charges, invoices will be charged to the account of:
Firm: City of Paris, Texas Attention: Mr. Shawn Napier, P.E.
Street Address: 150 SE First Street Telephone: (903) 784-9292
CitylState: Paris, Texas
Zip Code: 75460
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:
By (Signature)
By (TypelPrint)
Accepted:
19
Weaver Boos Consultants, LLC-Southwest
(Sign ture)
Jeffrey P. Young, P.E.
By (Type/Print)
Principal
Accepted: Julx 18, 2007
P:1GroundwaterlParislProposal accept sheet07.rtf
WEAVER BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2006-A1
Page 1 of 3
These General Terms and Conditions are incorporated by reference
into the foregoing Proposal and shall along with the Proposal
constitute the Agreement under which services 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 I: 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.
Provided, however, WBC acknowledges that the services they
are providing pursuant to this Agreement are to be performed at
a Class I Landfill and WBC acknowledges that they are aware
of the typical hazards and risks associated with working at a
landfill and drilling monitor wells pursuant to TCEQ
requirements.
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.
Client shall notify WBC of potential health hazards or
nuisances which might arise out of the work by WBC and its
contractors andlor 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: BILLING 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
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 (1 112%) 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 twenty (20) 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 WBC, 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. WBC 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
s: I citydatalattorneylcontracts120071 weaver boos contract-landfill consulting services final oct 2007.docx
WEAVER BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2006-A1
Page 2 of 3
horizontal and vertical locations of tests. Field tests or boring
locations described in our report or shown on sketches are
based upon information furnished by others andlor 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 terminated 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 15 percent.
SECTION 6: SAMPLES
a. All materials and samples will be discarded immediately after
testing unless the Client advises WBC in writing to the
contrary, In such case, the samples will be delivered, shipping
charges collected, or stored at owner's expense.
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.
SECTION 7: REPORTS AND OWNERSHIP OF
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 WBC 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,
its agents and subcontractors, but subject to the limitations of
liability set forth in Section 11 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 performed 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 AND INDEMNIFICATION
a. That Contractor must, at all times during the term of this
Agreement, keep: and maintain in full force and effect a policy
or policies of insurance, providing at least $250,000.00 per
person and $500,000.00 for any single occurrence for bodily
injury or death and $100,000.00 for any single occurrence for
injury or destruction of property, indemnifying all persons for
any and all damages, personal injuries, or property damages
sustained as the result of the negligence of: Contractor, its
agents, servants, or employees, and shall pay all premiums due
thereon when due. It is expressly provided that such insurance
policy or policies shall and must be written and issued by a
reputable and financially sound insurance company or
companies, with the City, its elected officials, officers and
employees named as additional insureds. Contractor or its
insurance carrier..or carriers shall deliver a copy of any such
policies to the City Clerk of the City of Paris, 150 1~` Street
S.E., Paris, Texas, 75460, or furnish to said City Clerk a current
letter or certificate from such company or companies,
evidencing the fact that such insurance is in full force and
effect at all times during this Agreement, and any extensions
hereof, and specifically noting thereon that City, its elected
officials, officers and employees as an additional insured. All
such policies shall be written so that the City will be notified of
cancellation or of any restrictive amendment of the policies at
least thirty (30~ days prior to the effective date of such
cancellation or amendment. Notice shall be by certified mail,
return receipt requested, addressed to the City at the following
address: City Clerk, City of Paris, P. 0. Box 9037, Paris,
Texas 75461-9037.
b. The Contractor and his sureties shall indemnify, defend and
hold the City, its elected officials, officers and employees
harmless from all suits, actions or claims of any character,
name and description brought for or on account of any injuries
or damages received or sustained by any person, persons or
property on account of the operations of the Contractor, his
agents, employees or subcontractors; or on account of any
negligent act or fault of the Contractor, his agents, employees
or subcontractors in the execution of said contract; or on
account of the failure of the Contractor to provide the necessary
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WEAVER BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2006-A1
Page 3 of 3
barricades, warning lights or signs; and shall be required to pay
any judgment, with cost, which may be obtained against the
City growing out of such injury or damage. The Contractor
likewise covenants and agrees to, and does hereby, indemnify
and hold harmless the City from and against any and all
injuries, loss or damages to property of the City during the
performance of any of the terms and conditions of this
Contract, whether arising out of or in connection with or
resulting from, in whole or in part, any and all alleged acts or
omissions of officers, agents, servants, employees, contractors,
subcontractors, licenses or invitees of the City.
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 WBC.
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 actor
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 WBC or
Client in writing and received by WBC or Client within one (1)
year after WBC or Client reasonably knew or should have
known of its existence, but in no event, shall such claim be
asserted by WBC or Client later than two (2) years after WBCs
completion of services with respect to which the claim is made.
SECTION Il: 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 terms
hereof through no fault of the terminating party. Such
termination shall not be effective if the substantial failure has
been remedied before expiration of the period specified in
written notice,
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
Texas will govern the validity of this agreement, its
interpretation and performance, and remedies for contract
breach or any other claims related to this agreement. As this
contract is to be performed in Lamar County, Texas, exclusive
venue shall be in Lamar County, Texas.
e. WBC shall apply professional judgment in determining the.
extent to which WBC 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.
f. 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. WBC 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
its duties and obligations hereunder without the prior written
consent of WBC.
b. WBC may terminate this Agreement if the Client suspends
WBC's services for more than sixty (60) consecutive days
through no fault of WBC's.
c. This Agreement may be terminated without cause by either
party upon at least sixty (60) days' written notice.
d. If this 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 12: 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,
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WEAVER BOOS CONSULTANTS, LLC- SOUTHWEST
-1 ANNUAL FEE SCHEDULE -PROFESSIONAL SERVICES
(Revised November 2006)
I. PROFESSIONAL STAFF U.S. $
a) Principal /Corporate Consultant ......................................................... ............................... Hr 165.00
b) Project Director ......:.......................................................................... ............................... Hr 140.00
c) Senior Project Manager ..................................................................... ............................... Hr 125.00
d) Senior Project Engineer/Scientist ...................................................... ............................... Hr 110.00
e) Project Manager ................................................................................. ............................... Hr 100.00
fl Project Engineer/Scientist/Environmental Specialist .......................... ............................ Hr 90.00
g) Staff Engineer/Scientist/Environmental Speclalist ............................. ............................... Hr 80.00
h) Engineer/Scientist/Environmental Specialist ..................................... ............................... Hr 75.00
II. TECHNICAL STAFF U.S. $
a) Construction Superintendent .............................................................. ............................... Hr 80.00
b) Construction Manager ...................:.................................................... ............................... Hr 70.00
c) System Specialist ............................................................................... ............................... Hr 65.00
d) System Technician .............................................................................
....
........................... Hr 60.00
e) Certified Technician .......................................................................... ............................... Hr 55.00
fl Senior Engineering Technician .......................................................... ............................... Hr 50.00
g) Engineering Technician II ................................................................. ............................... Hr 45.00
h) Engineerning Technician l ................................................................. ............................... Hr 40.00
III. SUPPORT STAFF U.S. $
a) CAD Designer III ............................................................................... ............................... Hr 75.00
b) CAD Designer II ................................................................................ ............................... Hr 65.00
c) CAD Designer I ................................................................................. ............................. Hr 50.00
c) Technical Assistant ............................................................................ ............................... Hr 45.00
~ d) Clerical/Word Processing .................................................................. ............................... Hr 40.00
IV. GENERAL EXPENSES
a) Automobile Transportation .................................................................................. Mi. $0.55
b) Subcontract Service or Rental ........................................................................................... Cost + 15%
c) Report Preparation (outside services) ............................................................................... Cost + 15%
d) Outside Services
(e.g. photographer, film processing, overnight delivery, etc,) .......................................... Cost + 15%
e Per Diem food and lod in ....................................................................... $1401day
( g g) .....................
f) Per Diem (no lodging) ...................................................................................................... $301day °
°-~- g) Transportation by Commercial Carrier or Rental Car ....................................................... Cost 15 /°
h) Travel Expenses ................................................................................................................ Cost+15%
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
m 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 wdl 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:
I . 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 modifeation to this fee schedule requires the written approval of Weaver Boos Consultants, LLC
P: IGrmarchvalerlGxnrdPrairieVProp~osals,2006 GW Proposcd12007 WBC Fee Schechrle.doc
WEAVER BOOS CONSULTANTS, LLC-SOUTHWEST
ANNUAL FEE SCHEDULE -PROFESSIONAL SERVICES
(Revised November 2006)
V. EQUIPMENT RENTAL FEES
A) pH, Specific Conductance and Temperature Meter .................................... Day 30,00
B) Grundfos Purge Pump;and Controller ......................................................... Day 150.00
C) Honda Electric Generator ....................................................................... Day 50.00
D} Disposable Poly Bailer ................................................................................ Ea 8.00
E) Disposable Gloves ...................................................................................... Pair 0.50
F) Water Level Indicator ................................................................................. Day 30.00
)
G
p p ...................................... ..................
..
Filter and Hose for um Ea 25.00
H) Modified Level °D" (Tyveks, Boots, Gloves)lper person/per chg of clothing Ea 50.00
I) Photoionization Detector (PID) .................................................................. Day 100.00
J)
..:............................................................................
Nuclear Density Gauge
Day
60.00
K) Air Sampling Equipment, per pump ........................................................... Day 50.00
L) Hand Operated Field Probe Equipment ...................................................... Day 110.00
M) Explosimeter ............................................................................................... Day 35.00
N) GA90lGEM S00 Gas Analyzer ................................................................... Day 100.00
0) Flame Ionization Detector ........................................................................... Day 110.00
P) Interface Probe ............................................................................................ Day 50.00
Q) ATV ............................................................................................................ Day 25.00
R) Company Truck .......................................................................................... Day... 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.
r, 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.
M
Any modif cation to this fee schedule requires the written approval of Weaver Boos Consultants, LLC
P: IGromrchvaleriGrnndPrairielProposnls12006 GW Proposah?007 VVBC Fee Schedrde.doc