HomeMy WebLinkAbout1998-257ORDINANCE NO q 0
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER
SIX 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
SEECTION I That the Mayor is authorized to execute Amendment Number Six 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 Six is attached hereto and made a part hereof
SECTION II That the expenditure of additional funds in an amount not to exceed
Twenty Six Thousand Dollars ($26,000 00) is hereby authorized as provided for in the said
Amendment Number Six to the Agreement
SECTION III That this ordinance shall become effective immediately upon its passage
and approval L
PASSED AND APPROVED this the A ay of S Q2g �e/� , 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY /WA CftU
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AMENDMENT NUMBER SIX TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON, TEXAS AND HDR ENGINEERING, INC.
DATED JUNE 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 thereafter
amended i by Amendment No 1 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, which was further amended by Amendment No 4, dated April 18,
1997, and which was further amended by Amendment No 5, dated June 16, 1998, wherein such
Agreement for Professional Engineering Services for the sanitary landfill initial site
development, as amended by Amendments No 1, 2, 3, 4, and 5 is hereafter 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 the 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,
utilizing two different contractors, in order to accomplish the design and construction work on
the Project 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 the proper completion of
Phase IV of the Project regarding an additional period of on -site construction observation, liner
inspection and testing, as well as Engineer of Record services to be performed by HDR during
the construction and installation of the landfill liner, by "RBI", in order to comply with TNRCC
third -party review requirements and regulations, for the period of time from June 30, 1998
through .August 3, 1998, which is the revised, extended, construction completion period for the
landfill liner, and
WHEREAS, HDR has proposed, and the City is of the opinion, that an additional fee in
an amount not to exceed $25,000 00, including expenses, is a reasonable fee to be paid to HDR,
for such additional professional engineering services relating to Phase IV of the Project,
considering the relevant circumstances, and
WHEREAS, the City and HDR have also determined that it is necessary and appropriate
for HDR to perform additional professional engineering services for the City relating to Phase V
of the Project regarding additional work related to the completion of the landfill permit
modification package pertaining to the change of the landfill "drainage layer" from gravel to
geonet material
WHEREAS, HDR has proposed, and the City is of the opinion, that an additional fee in
an amount not to exceed $1,000 00, including expenses, is a reasonable fee to be paid to HDR,
for such additional professional engineering services relating to Phase V of the Project,
considering the relevant circumstances, and
WHEREAS, the City and HDR, pursuant to the provisions of 7 12 of the Agreement,
providing for changes and modifications thereto, mutually 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 completion of the
landfill permit modification package pertaining to the drainage layer of the landfill liner, 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
The Scope of Services for Phase IV of the Project is hereby further amended to add the
following additional professional engineering services
A The Construction Phase periodic observation, inspection, and liner certification services
to be performed by HDR respecting the Project, together with the Engineer of Record services to
be performed by HDR, heretofore described and provided for in the Agreement, shall be
extended !for an additional period of time, from June 30, 1998, to August 3, 1998
B The City shall pay to HDR an additional professional fee, including expenses, of not to
exceed $25,000 for the additional professional services described in paragraph I A hereinabove
II
The Scope of Services for Phase V of the Project ("Other Permits") is hereby further
amended to add the following additional professional engineering services
A HDR shall complete the following landfill modification package with the TNRCC as
follows
Page 2 of 4
(1) Landfill permit modification associated with the substitution of geo-composite
drainage material (geonet) for a granular (gravel) drainage blanket located on the
bottom of the Phase I cell
B The City shall pay to HDR an additional professional fee, including expenses, of not to
exceed $1,000 00 for the permit modification services described in paragraph II A (1)
heremabove
III
The total estimated additional professional fees for services, including expenses, to be
provided by HDR to the City under Phase IV and Phase V of the Project, pursuant to this
Amended Agreement Number Six, are in the aggregate, an amount not to exceed $26,000 00
IV
In all other respects, the terms and conditions of the Agreement, as executed by the City
and HDR on June 15, 1993, and as thereafter amended by Amendments Number One, Two,
Three, Four and Five 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
EXECU ED in quadruplicate original counterparts this the L day of
1998
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
BY
J C1' MILLER, MAYOR
Page 3 of 4
HDR ENGINEERING, INC
BY—
WILLIAM R HINDMAN, P E
Senior Vice President
ATTEST.
Im
ITS
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