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HomeMy WebLinkAbout1999-378ORDINANCE NO 9'3 / AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMCON FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON, TEXAS LANDFILL EXPANSION OF CELLS 2A, 2B, AND 2C, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage EMCON, A Texas Corporation ("EMCON"), to provide professional engineering services to the City pertaining to the design of and the preparation of construction plans and specifications for the City of Denton Landfill expansion of Cells 2A, 2B, and 2C, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above -described professional engineering services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional engineering services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SgCTION I That the City Manager is hereby authorized to execute a Professional Services Agreement with EMCON, a Texas Corporation, for professional engineering services pertaining to the design of and the preparation of construction plans and specifications for the City of Denton, Texas Landfill expansion of Cells 2A, 213, and 2C, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION II. That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of EMCON and the ability of EMCON to perform the services needed by the City for a fair and reasonable price SECTION III. That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the IN, — day of kak , 1999 JACK MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY / T, APPROVED AS TO LEGAL FORM PROUTY, CITY ATTORNEY By S \Our Documents\Ordinances\99\EMCON PSA Ord - Engr Landfill Cells 2A 2B and 2C doe STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON, TEXAS LANDFILL EXPANSION OF CELLS 2A, 213, AND 2CiJ T ,S AGRE MENT is made and entered into as of the day of , 1999, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215E McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and EMCON, a ° "Moran n, with its offices at 5701 East Loop 820 South, Fort Worth, Texas 76119 (hereafter "CONSULTANT"), the parties acting herein, by and through their duly -authorized representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated to the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project") Professional engineering services pertaining to the design and preparation of construction plans and specifications for the expansion of the City of Denton Landfill Cells 2A, 213, and 2C ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth in the "Scope of Services Engineering Design and Preparation of Construction Plans and Specifications — City of Denton Cells 2A, 2B,1 and 2C," prepared by CONSULTANT for OWNER to September 1999, which document is attached hereto as Exhibit "A," and is incorporated herein by reference, which document consists of ten (10) pages, and is comprised of four sections 1 Project Approach [the Basic Services set forth in rune (9) tasks from pages 1-1 through 1-7,inclusive], 2 Project Schedule [page 2-1], 3 Project Budget [page 3-11, 4 Additional Services [page 4-1] St ueO umeuu�UUWW SMCONPSA OemonLUMfillCells 2A 28 "2C&c Page 1 of 10 B If there is any conflict between the terms of tlus Agreement and Exhibit "A" attached to this Agreement, the terms and conditions of tlus Agreement shall control over the terms and conditions of the Exhibit ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as basic services in the above-descnbed Scope of Services, set forth as provided by Article II above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT OWNER and CONSULTANT have agreed that those services listed at page 4-1 of Exhibit "A" attached hereto are "Additional Services," that is, services which CONSULTANT and OWNER may consider as this engagement progresses ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Assistant City Manager of Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, or related services Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost 2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project SWm W amenWl n4icW\ MWNPSA @nl ".d611C01s3A 39 md2CG Page 2 of 10 B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the basic services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this Project in accordance with the provisions and the nine (9) tasks more particularly set forth on pages 1-1 through 1-7 inclusive, of Exhibit "A' attached hereto and incorporated herewith by reference CONSULTANT shall perform the said professional services substantially in accordance with the "Project Schedule" set forth on page 2-1 of Exhibit "A" CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis set forth in the "Project Budget" set forth on page 3-1 of Exhibit "A", plus reimbursement for all reasonably incurred out-of- pocket expenses, billed monthly CONSULTANT shall bill from time sheets, in minimum '/4 hour or smaller time increments, at the hourly rates provided for in the "Project Budget " OWNER agrees to pay to CONSULTANT for its professional services performed, and for its out -of pocket expenses incurred in the Project, a total amount not to exceed $ 129,100 00 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the basic services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not -to -exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated hereinabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III hereinabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B hereinabove Statements for basic services and any additional services shall be submitted to OWNER no more frequently than once monthly S DerOooumrnu\Coouacna, \EMNNPSA Demon Landfill CellazA neand 2Cdoe Page 3 of 10 D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termmation of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansing from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the S Our WLmnen10QaV¢VY9MMCONPSA VenlmlLanJIVICeds1A ID and 2Cdo, Page 4 of 10 CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the parry's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution ansmg out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval S\OarD ummu\CUVKWMEMWNPSA NdnonLandfill QIls2A 3E aM2Cdin Page 5 of 10 ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified marl, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termmation being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein S \Om WaumenU\CupVUEY\99\BMRIN MA Umbn LVWQII Ma 3A 3B and 3C dw Page 6 of 10 To CONSULTANT EMCON Kenneth J Welch, Branch Manager 5701 East Loop 820 South Fort Worth, Texas 76119 Fax (817) 476-151374' �411+./M City of Denton, Texas Howard Martin, ACM/Utilities 215 E McKinney Denton, Texas 76201 Fax (940)349-8120 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur ARTICLE XV ENTIRE AGREEMENT This Agreement consisting often (10) pages and one (1) Exhibit constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap S\Om �cumenUkCRMUMTMCON PSA Donlon LmEfII Wis dA ID and 3C doc Page 7 of 10 ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may anse during the term of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansing between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exhibit is attached to, incorporated within, and is made a part of this Agreement for all purposes pertinent Exhibit "A" — "Scope of Services — Engineering Design and Preparation of Construction Plans and Specifications — City of Denton — Cells 2A, 2B, and 2C" B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and S Wur Mcummm\CnV,CWMaMCON PSA o 1. L.W111 COI.=A za.,a 2C d� Page 8 of 10 shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that the key persons who will perform most of the work under this Agreement shall be Kenneth Welch, P E , Ray Campbell, P E , and Dick Smith This Agreement has been entered into with the understanding that the three (3) above -stated employees of CONSULTANT shall perform all or a significant portion of the work on the Project Any proposed changes regarding change of personnel, requested by CONSULTANT, respecting one or more of the three (3) above -stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carved on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authonzed City Manager, and CONSULTANT has exe ted this Agreem nt y and through its duly-authonzed undersigned officer on this the day of , 1999 "CITY" CITY OF DENTON, TEXAS Page 9 of 10 S\Our LUeumenBrCyeusets EMCON PSA Denton LMtlfII Celts 3A EB mE 3C coe ATTEST JENNIFER WALTERS, CITY SECRETARY By T IV APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY rj � By ATTEST Um Secretary "CONSULTANT" EMCON A Te- n Corporation Gallpoma (9juj) By S UTUO umollKontrcCld9MMCON VSA Omlon LAW)) CMIs 3A 20 aM 3C WC Page 10 of 10 SCOPE OF SERVICES ENGINEERING DESIGN AND PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS CITY OF DENTON CELLS 2A, 26, AND 2C Prepared for City of Denton September 1999 Prepared by EMCON/IT 5701 East Loop 820 South Fort Worth, Texas 76119 817/478-8254 Project 797074 EXHIBIT a A CONTENTS 1 APPROACH 1 1 Project Understanding 2 PROJECT SCHEDULE 3 PROJECT BUDGET 4 ADDITIONAL SERVICES FWT \WIND0WS\TEMP\DENT0N0l D00930 99\dlm 4 797074 11 EMCONAT Rev 0, 9/16/99 1 APPROACH 1.1 Project Understanding The City of Denton Municipal Solid Waste Landfill is a Type I landfill The landfill facility consists of the original City Landfill, Permit No 1590 (36 08 acres) and the expansion area, Permit No 1590A (188 08 acres) After receiving the permit in 1996, the City has constructed a slurry wall along the north and west sides of the expansion area for groundwater control purposes, Cell 1 (the initial cell in the expansion area), and appurtenances such as groundwater monitoring wells and landfill gas monitoring probes The City is seeking to begin development of Phase 2 in the landfill expansion area The RFQ identified the following projects for Phase 2 • Design Cells 2A, 2B, and 2C • Design 148,000 square feet of composite final cover for Phase I • Evaluate the groundwater dewatenng system for Cells 2A, 2B, and 2C • Prepare construction drawings for the perimeter drainage system to receive stormwater runoff from the Phase 2 cells and the south detention pond • Design the extension of the perimeter road for access to the Phase 2 cells • Modify the existing permit to remove the requirements of the interim detention pond Based on our understanding of the City of Denton's needs as described in the RFQ and our understanding of specific site conditions from prior experience at the site, we have developed the following scope of services Task 1 — Evaluation of Alternatives The purpose of this task is to evaluate the feasibility of increasing the permitted depth of excavation This evaluation will consider the groundwater elevations from the original subsurface characterization, installed monitoring wells, and additional piezometers installed in the vicinity of Cells 2A, 2B, and 2C The affect of the slurry trench on the current groundwater elevations will be determined The evaluation will develop a recommendation as to the feasibility of increasing the depth of excavation Based on the evaluation of the current groundwater elevations, a conceptual excavation plan will be developed for the remaining disposal footprint Cells 2A, 2B, and 2C will be constructed to their existing permitted depth, the increase in depth will begin with Phase 3 and continue for the remainder of the permitted disposal footprint The additional FW\C\WINDOWS\TEMP\DENTON01 DOC\83099\dlm4 1-1 EMCON/IT 797074 Rev 0 9/16/99 airspace available from the increased depth will be determined At this time it is assumed the current permitted final contours will remain A timeline will be developed that compares capacity of Cells 2A, 213, and 2C to the time required to obtain a permit amendment to the existing solid waste permit An increase in depth will require a major permit amendment application, including possible public hearing The timeline and the additional capacity due to the depth increase will provide the City with the information needed to determine if an increase in depth for the remainder of the site is feasible Task 2 - Design Basis Memorandum This task includes evaluating the existing permit documents and specific site conditions prior to preparation of the construction plans and specifications The RFQ requested that the existing groundwater dewatenng system be evaluated as well as the interim stormwater detention pond Recommendations will be developed to address the groundwater dewatenng system and the interim detention pond In addition to these two items, we will also evaluate other areas of the permit document such as the Soil Liner Quality Control Plan and permit level design to determine if the existing permit requirements have flexibility for alternate materials, quality assurance test frequencies, or other areas where a modification would potentially save on construction cost The final cover design for closure of Phase 1 will be evaluated to determine if it is feasible to eliminate the geomembrane element of the final cover design This evaluation will include a summary of approved alternate final cover designs, and evaluation of the specific site conditions affecting approval of an alternate final cover The evaluation will include the potential for TNRCC approval of an alternate final cover and an estimate of the costs for submittal of a Class I Permit Modification to eliminate the geomembrane A conceptual Opinion of Probable Construction Cost will be developed for Cell 2A and 213 This conceptual construction cost will be used to evaluate constructing only Cell 2A or constructing both Cells 2A and 2B The comparison of construction costs will consider that the City will need to bid out excavation of Cell 2B There is not time to excavate Cell 2B with City forces should the City decide to build both Cells at this time A Design Basis Memorandum (DBM) will be prepared which confirms the engineering design requirements for the development of Phase 2 and will establish the limits of construction for Cell 2A and 2B if feasible The limits and design of the perimeter stormwater system and perimeter access road will also be confirmed The DBM will also address the limits and design of the final closure of the Phase I area to be closed This task provides for confirming the engineering design and construction issues related to construction of the composite Subtitle D liner system and leachate collection system and the groundwater dewatenng system The detailed DBM will confirm the liner and FW\C \WINDOWS\TEMP\DENTON01 DOC\8J0 99\dIM 4 1-2 EMCON/IT 797074 Rev 0 9/16/99 leachate collection system design elements, construction materials, advertisement and award dates, and construction dates Also included will be a review of how the new Texas Natural Resource Conservation Commission (TNRCC) guidelines titled Liners Constructed Below the Seasonal High Groundwater Table may affect the proposed excavation grades proposed in the approved Subtitle D Permit Modification Task 3 - Permit Modifications This task will provide development and coordination with the City and TNRCC to prepare permit modifications that may be identified as a result of evaluating the existing permit documents and current groundwater information As noted in the RFQ, a permit modification to remove the requirements for an interim detention pond will be pursued with TNRCC Other potential modifications could be revisions to the SLQCP to broaden material specifications or limit testing requirements, revisions to the groundwater dewatenng system, or other revisions that would add flexibility or reduce construction costs Preparation of a permit modification for removal of the geomembrane from the final cover design is not included at this time Anticipated Class I Permit Modifications include the following • Remove requirements for the interim stormwater detention pond • Use drainage geocomposite for leachate collection layer • Approval for the gravity sanitary sewer line along Edwards Road • Modify current groundwater dewatenng system Task 4 - Engineering Design This task provides the overall sector layouts, design of the excavation, anchor trenches, liner components, and leachate collection system Also included will be design of the gravity sanitary sewer line, perimeter road, and perimeter stormwater system • Sector Layouts - Cell 2 will extend south from the Phase I area to the south perimeter berm/roadway and east to Cell 2 limits Cell 2 is approximately 26 acres with each individual cell about 8 68 acres The limits of the existing liners along the south edge of Phase 1 will be established from the Soil and Liner Evaluation Reports (SLERs) that were submitted to the TNRCC The cell layout will be based on the grid system presented in the permit modification which coincides with the landfill gnd Vertical control will be from permanent control monuments that have been established by the City's surveyor • Cell Excavations - The cell excavations will be based on the excavation plan presented in the permit amendment and adjusted to match the as -constructed grades along the south sides of Phase 1 and the top of perimeter roadway grades along the west and south sides Existing topographic maps will be used for the excavation design We recommend that a recent field survey be used to FW\C \WINDOWS\TEMP\DENTON01 DOC\83099\dim4 1-3 EMCON/IT 797074 Rev 0 9/16/99 determine the existing topography within the proposed construction areas for estimating earthwork quantities if change in topography has occurred since the date of the most current topographic map Earthwork quantities will be estimated from either the available topographic maps or updated topography from field surveys • Anchor Trenches - The alignment of the perimeter anchor trenches will be established from the liner stability calculations, location of existing Subtitle D liners, and perimeter road elevations The dimensions of the anchor trench will be determined by the sideslope liner stability analysis • Liner Components - The liner system will consist of a minimum 24-inch-thick compacted clay liner overlain by a 60-mil HDPE geomembrane Smooth 60-mil HDPE will be used on the landfill bottom, textured 60-mil HDPE will be used on the sideslopes The liner system and the leachate collection system will be covered by a 24-inch-thick protective cover Groundwater levels from the permit modification and existing monitor wells will be used to determine if the liner will be below the high-water table If the liner is below the high-water table, the liner design will be modified to include appropriate ballast A demonstration that the liner system meets the new guidance handbook on Liners Constructed Below the Seasonal High Groundwater Table will be provided if required This demonstration would include a minor permit modification to the Soil Liner Quality Control Plan to include ballast information as required The stability of the liner system and sideslopes will be analyzed using assumed material properties The matenal properties of the liner components will be verified dunng the construction phase • Leachate Collection System - The leachate collection systems will consist of a drainage geocomposite collection layer across the cell bottoms and sideslopes which will convey leachate to collection trenches in the middle of the cells The collection trenches will consist of a 6-inch perforated pipe (ADS N12-LF or equal) encased in aggregate or other suitable drainage media The collection trenches will convey the leachate to sumps at the base of the south perimeter berm The required capacity of the leachate collection system elements will be confirmed by the HELP model The Cell 2 leachate collection system will be connected to the future leachate transmission force main • Stormwater Drainage Design - The stormwater drainage design will consist of evaluating the stormwater runoff potential from both contaminated and uncontaminated stormwater Once stormwater comes in contact with waste or enters the leachate collection system the stormwater becomes leachate and will require treatment as leachate The stormwater control systems will be designed to minimize the amount of rainfall that potentially could enter the leachate collection system through the use of containment berms, cutoff valves, and temporary plastic covers Also to be addressed is stormwater containment adjacent to Cell 2 in unlined areas A stormwater detention area will be evaluated to provide storage for uncontaminated runoff and ultimately pumping over the penmeter berm system FW\C\WINDOWS\TEMP\DENTON01 DOC\83099\dlm4 1-4 EMCON/IT 797074 Rev 0 9/16/99 • Perimeter Road - the perimeter road will extend from the existing Phase 1 limits along the west side of the landfill The perimeter road will turn and head east along the south side of the landfill to the south detention pond The perimeter drainage channel will be designed to parallel the perimeter road • Sanitary Sewer Transmission Line - A gravity flow sanitary sewer line will be designed to extend from the existing trunk force main along Edwards Road to the intersection of Edwards Road and Mayhill Road The sanitary sewer line will parallel the landfill permit boundary in an easement to the City of Denton A leachate transmission line will be designed to convey leachate from the Cell 2A leachate collection sump to the City of Denton sanitary sewer line along Edwards Road • Phase 1 Final Cover - The composite final cover system for closure of approximately 3 5 acres of the Phase 1 area will be designed Construction details will be developed for the permit level design and the limits of final closure area will be confirmed • Stormwater Pollution Prevention Plan (SWP3) - An SWP3 will be prepared for the landfill The SWP3 will address the overall site requirements and the requirements specific to the construction of Cell 2A It is understood the City has prepared an SWP3 for Cell 1 which will be reviewed and incorporated into the SWP3 for Cells 2A, 2B, and 2C Task 5 - Construction Drawings This task provides for the preparation of construction drawings that will provide a level of detail suitable for bidding and constructing the project Construction drawings will include the following • Cover Sheet • Legend and Abbreviations • Site Plan • Perimeter Road Plan and Profiles • Excavation Plans • Leachate Collection System Plans • Sanitary Sewer Plan and Profiles • Stormwater Drainage Plans • Phase 1 Final Cover Plan • Leachate Collection System Transmission Line Connection Details • Liner Details • Leachate Collection System Details • Final Cover Details • Stormwater Details • Erosion and Sediment Control Details FW\C \WINDOWS\TFMP\DENTON01 DOC\830 99\dlm 4 1-5 EMCON/IT Rev 0 9/16/99 797074 EMCON will submit construction drawings to the City for review at 30 percent and 90 percent completion Following review of the 90 percent drawings, EMCON will incorporate final modifications and issue the drawings for bidding and construction Task 6, - Technical Specifications and Contract Documents EMCON will prepare the contract documents and technical specifications for this construction project The NCTCOG Standard Specifications with the City of Denton revisions to the NCTCOG standards will be used for the advertisement for bids, bid proposal forms, bond forms, general provisions, and special provisions, and other standard forms for the Contract Documents EMCON will prepare technical specifications for the construction elements of this project An Opinion of Probable Construction Cost will be prepared at the 50 percent and the 90 percent design level It is anticipated that the following technical specifications will be prepared • Earthwork • Drainage Media • Compacted Soil Liner • Compacted Final Cover • Flexible Membrane Liner • Geotextile and Geocomposite • Leachate Collection Pipe and Fittings • Protective Cover • Road Construction Materials • Erosion Layer EMCON will prepare the technical specifications concurrently with Task 4 At 30 percent, 50 percent and 90 percent completion, we will present the technical specifications for review Following the 90 percent review, EMCON will incorporate the final modifications and issue the Contract Documents for bidding and construction Task 7 - Advertisement and Award Phase This task provides services during the advertisement and award phase for the construction of Cell 2A It is anticipated that the duration of this task will be 30 days The following services will be provided • EMCON will coordinate with the City of Denton for advertisement of the project in local newspapers as well as notification of contractors experienced with this type of construction project • The City will manage the distribution of Contract Documents to interested Contractors FW\C \WINDOWS\TEMP\DENT0N01 DOC\830 99\dlm 4 1-6 EMCONAT 797074 Rev 0 9/16/99 EMCON will participate in the pre -bid conference Questions from Contractors will be coordinated by EMCON during the bidding phase The Contract Documents provide that only written requests require response Addenda will be issued if required by the City After the Bid Opening, the City will tabulate the bids, identify the apparent low bidder, and evaluate the qualifications of the low bidder Task $ — Survey Requirements This task provides for surveying services during the engineering design phase of the project The local survey firm of Bill Coleman will provide these services EMCON will provide coordination of this effort A current topographic map will be developed for the area within the limits of construction This will include the limits of Cells 2A and 2B, perimeter roadway, perimeter stormwater system, alignment of the gravity sewer line, and the south detention pond Key tie-in locations to existing features will be determined Task 9 — Meetings / Presentations This task provides for meetings with the TNRCC that may be required during the project It is anticipated that two meetings will be conducted with TNRCC One during Task I — Evaluation of Alternatives and one during Task 3 — Permit Modifications It is also anticipated that one meetings will be conducted with the City of Denton Public Utility Board and one meeting with the City Council Tins task will provide for preparation, travel, and meeting time FW\C \WINDOWS\TEMP\DENTON01 DOC\830 99\dim 4 1-7 ENICONAT 797074 Rev 0 9/16/99 2 PROJECT SCHEDULE We are ready to proceed with the project upon receiving authorization to proceed The expected project schedule defined in the RFQ will be used to develop a more detailed schedule that will define interim quality review dates to obtain City input • September 1, 1999 - Contract Negotiation • September 20, 1999 - Public Utility Board • October 5, 1999 - City Council • December 3, 1999 - Preliminary Design Report • December 6 - 17, 1999 - Staff Review • March 31, 2000 - Final Design, Complete and Deliver • April 30 - July 31, 2000 - Bid Process, Public Utility Board & City Council • August, 2000 - Construction • December 31, 2000 - Landfill in Operation FW\C\WINDOWS\TEMP\DENTONOI D0081099\dlm4 2-1 EMCON/IT 797074 Rev 0 9/16/99 3 PROJECT BUDGET Estimates for each major task, as well as man-hour estimates, are included in Table 1 Our Schedule of Charges is attached Table 1 Project Budget Description Hrs Labor $ Direct Expenses $ Subconsultant Ex ense Estimated Cost $ Task 1 Evaluation of Alternatives 112 9,200 400 9,600 Task 2 Design Basis Memorandum 160 13,000 400 13,400 Task 3 Permit Modifications 140 11,700 400 12,100 Task 4 Engineering Design 220 17,800 600 18,400 Task 5 Construction Drawings 230 17,000 700 17,700 Task 6 Technical Specifications and Contract Documents 130 9,800 500 10,300 Task 7 Advertisement and Award Phase 80 6,200 400 6,600 Task 8 Survey Requirements 30 2,600 200 28,000 30,800 Task 9 Meetings 80 9,200 1,000 10,200 Project Total 1,182 96,500 4,600 28,000 129,100 FW\C \WINDOWS\TEMP\DENTON01 DOC\830 99\dlm 4 3-1 EMCONAT 797074 Rev 0 9/16/99 4 ADDITIONAL SERVICES We have developed the preceding project approach bases on our understanding of the project The following is a list of additional services for the City of Denton's current and future consideration • Engineering design associated with leachate storage and treatment, solidification or stabilization of sludge, or liquid -bearing wastes • Subsurface explorations or soil testing beyond that previously prescribed based on current TNRCC rules and implementing guidelines • Construction phase engineering services related to bidding, shop drawing review, modifications to documents by field order or change order • Construction phase services related to construction quality assurance testing for clay liner construction, HDPE geomembrane liner, leachate collection protective cover system FW\C\WINDOWS\TEMP\DENTONOIDOC\83099\dlm4 4-1 EMCONAT 797074 Rev 0 9/16/99