HomeMy WebLinkAbout1998-191ORDINANCE NO `9 — l % l
AN ORDNANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER
FIVE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR
ENGINEERING, INC FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY
OF DENTON SANITARY LANDFILL DEVELOPMENT AND EXPANSION, RELATING
TO PHASE IV AND PHASE V THEREOF, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SNCTION I. That the Mayor is authorized to execute Amendment Number Five to the
Agreement between the City of Denton and HDR Engineering, Inc for further professional
engineering services for the City of Denton Sanitary Landfill development and expansion, as
provided for in said Agreement, relating to Phase IV and Phase V thereof, a copy of which
Amended � Agreement Number Five is attached hereto and made a part hereof
SA,CTION II• That the expenditure of additional funds in an amount not to exceed Fifty
Three Thousand Dollars ($53,000 00) is hereby authonzed as provided for in the said
Amendment Number Five to the Agreement
SgCTION III, That this ordinance shall become effective immediately upon its passage
and approval /_?
PASSED AND APPROVED this the /� day of , 1998
MAYOR
ATTEST;
JENNIFBR WALTERS, CITY SECRETARY
BY (�L�2d 4atr
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY N
S \Our Documerds\Ordwences\98\HDR Amend 5 Ord doe
AMENDMENT NUMBER FIVE TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON, TEXAS AND HDR ENGINEERING, INC
DATED NNE 15,1993
WHEREAS, on June 15, 1993, the City of Denton, Texas ("City") and HDR Engineering,
Inc ("HDR") entered into an Agreement for Professional Engineering Services respecting the
City of Denton Sanitary Landfill initial site development ("Project") which was amended by
Amendment No I dated March 18, 1994, which was further amended by Amendment No 2,
dated May 16, 1995, which was further amended by Amendment No 3, dated February 22,
1996, and which was further amended by Amendment No 4, dated April 18, 1997 wherein the
Agreement for Professional Engineering Services for the sanitary landfill initial site
development, as amended by Amendments No 1, 2, 3 and 4, are hereinafter collectively referred
to as the "Agreement", and
WHEREAS, Sections 1 and 2 of the Agreement dated June 15, 1993 provide that Phase
IV of the Project is to be completed as additional services incident to the Agreement, when
requested and authorized by the City, and Section 5 2 2 thereof provides that the compensation to
HDR respecting its services performed under Phase IV of the Project is to be determined and be
mutually agreed upon by the parties at a later date, and
WHEREAS, the City and HDR provided in Amendment No 3 of the Agreement for the
definition of the Scope of Services for Phase IV, and designated fees for professional
engineering services for Phase IV in the amount not to exceed $205,400 00 Thereafter, pursuant
to Purchase Order No 40978RR, the City authorized the expenditure of an additional $17,000 00
in payment of additional professional services associated with breaking the Project into two bids
and accomplishing the designs on a fast -track basis, and
WHEREAS, the City and HDR have proceeded with implementation of Phase IV of the
City of Denton Sanitary Landfill site development and expansion, and the Texas Natural
Resource Conservation Commission ("TNRCC") has approved the City's landfill permit, and
WHEREAS, the City and HDR have determined that it is necessary and appropriate for
HDR to perform additional engineering services for the City relating to Phase IV of the Project
regarding an additional nineteen (19) week period of on -site construction observation and liner
inspection and testing, to be performed by HDR during construction and installation of the
landfill liner, in order to comply with TNRCC third -party review requirements, for the period of
time after the six (6) week construction period provided by the original scope of services ended
on February 20, 1998, and
WHEREAS, the City and HDR have determined that it is necessary and appropriate for
HDR and its subcontractor to perform additional services in connection with the landfill during
the time that liner constriction is to take place, and to maintain full-time on -site observers during
all liner construction activities, which subcontracting expense is attributable to the additional
construction days and longer working hours per work day, necessitating the incurring of
overtime Charges on the Project HDR has proposed, and the City believes that an additional fee
not to exceed $53,500 00, including expenses, is a reasonable fee, for such professional
engineering services, considering all relevant factors, and
WHEREAS, the City and HDR have determined that it is necessary and appropriate for
HDR to perform additional services to the City relating to Phase V of the Project regarding the
preparation of three additional landfill permit modification packages HDR has proposed, and
the City believes that an additional fee of not to exceed $4,500 00, including expenses, is a
reasonable fee, for such additional professional engineering expenses, considering the relevant
factors, and
WHEREAS, the City and HDR have determined that additional services to be provided to
the City respecting the landfill expansion Project, as set forth in the preceding paragraphs
heremabove, total $78,000 00, and the City and HDR have further determined that $25,000 00 of
the contractual amount previously provided for, and set forth in Amendment Number Four to the
Agreement respecting services relating to the administrative hearing before TNRCC respecting
the City's landfill expansion permit, is unspent and shall be re -allocated and spent for the
professional engineering services provided for in this Amendment Number Five to the
Agreement, thus reducing the total amount of additional professional fees to be approved by the
City Council respecting this Amendment Number Five to the Agreement to the amount of
$53,000 00, and
WHEREAS, the City and HDR, pursuant to the provisions of 7 12 of the Agreement,
providing for changes and modifications, desire to amend their Agreement to provide for the
completion of Phase IV of the Project, as well as to provide for an Agreement for HDR to
perform additional professional engineering services relating to the preparation of three
additional landfill permit modifications packages under Phase V of the Project, NOW,
THEREFORE,
WITNESSETH
Pursuant to Section 7 12 (Changes and Modifications) of the Agreement, the City and
HDR do hereby AGREE as follows
I
The Scope Of Services for Phase IV of the Project is hereby amended to add the
following additional professional engineering services
A The Construction Phase fee for HDR to conduct periodic observations and inspections
throughout the entire construction period at the site was based upon the assumption of a six (6)
week construction period, with one (1) visit to the site per week The fee previously set forth in
the Agreement was based upon the assumption that the construction of the Project would be
accomplished under one bid rather than under two bids, and that cell construction would take
place concurrently with other construction at the site
Page 2 of 5
As the construction schedule, as presently bid, currently encompasses a twenty-five (25)
week period, beginning with the construction of the slurry wall and dewatenng system, which
ends on June 30, 1998, with the completion of the cell and other on -site facilities, rather than the
original projected six (6) week construction period, the City and HDR agree that additional
professioq'al engineering services are necessary for HDR to properly inspect and periodically
observe the construction of the liner during the longer construction period The additional fee to
be paid by the City to HDR for the additional nineteen (19) weeks of construction services under
Phase IV of the Project for the necessary observation and testing required, shall be in the amount
of $1,100 00 per week, and shall not exceed the sum of $20,900 00
B That the construction phase fee respecting HDR's subcontractor expense was initially
estimated at $110,000 00, which contemplated and provided for a thirty (30) day construction
period consisting often (10) hour days As construction on the Project has progressed at the site,
the City and HDR have determined that it is necessary that the length of the construction period
be expanded to a thirty-eight (38) day construction period, consisting of twelve (12) hour work
days, in order to properly and timely complete the work The City and HDR agree that
additional subcontractor expense attributable to the longer construction period and the longer
workdays needed to complete the Project are necessary The additional fee to be paid by the City
to HDR for services attributable to the extended thirty-eight (38) day construction period, with
twelve (12) hour work days, shall not exceed the sum of $53,500 00
II
The Scope of Services of Phase V of the Project ("Other Permits") hereby provides that
A HDR shall prepare three additional landfill permit modification packages as follows
(1) Permit modification associated with alteration of the existing Citizen's Drop -Off
Facility, to address compatibility with the proposed storm water ditch,
(2) Permit modification associated with relocating a groundwater monitoring well,
(3) Permit modifications associated with the substitution of geo-composite drainage
material for a granular drainage blanket on the bottom of the Phase I cell
B The City shall pay to HDR an additional fee of not to exceed $3,000 00 for the permit
modification described in paragraph II A (1) heremabove,
C The City shall pay to HDR an additional fee of not to exceed $1,000 00 for the permit
modification described in paragraph II A (2) heremabove,
D The City shall pay to HDR an additional fee of not to exceed $500 00 for the permit
modification described in paragraph II A (3) heremabove
Page 3 of 5
III
The City and HDR agree that $25,000 00 of the unspent contractual amounts as provided
for and set forth in paragraph 5 of Amendment Number Four to the Agreement relating to the
administrative proceedings before TNRCC respecting the City's landfill expansion permit, shall
instead be allocated to pay for the professional services provided for in this Amendment Number
Five to the Agreement
IV
The total estimated additional professional fees for services to be provided by HDR to the
City under Phase IV and Phase V of the Project, pursuant to this Amended Agreement Number
Five, are in the aggregate, an amount not to exceed $53,000 00
V
In all other respects, the terms and conditions of the Agreement, as executed by the City
and HDR on June 15, 1993, and as amended by Amendments Number One, Two, Three and
Four thereto, shall remain in full force and effect
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement by
and through its duly authorized and empowered Mayor, HDR has executed this Agreement by
and through its duly authorized and empowered officer
EXECUTED in quadruplicate original counterparts this the ��� day of
_ l 1998
CITY OF DENTON, TEXAS
BY
JA C ALLER, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY lAl.(./lK iC.c d a y Aa#
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
Page 4of5
HDR ENGINEERING, INC
BY
WILLIAM R HINDMAN, P E
Senior Vice President
ATTEST
BY
ITS
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