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HomeMy WebLinkAbout2002-175ORDINANCE NO. AeOk /7,J AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH EMCON/OWT, INC. FOR PROFESSIONAL ENGINEERING SERVICES CONSTRUCTION QUALITY ASSURANCE (CQA) PROFESSIONAL OF RECORD (POR) FOR SOIL LINER QUALITY CONTROL AT THE DENTON MUNICIPAL LANDFILL AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2862 TO EMCON/OWT IN THE AMOUNT OF $117,564). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, SECTION 1. That the City Manager is hereby authorized to enter into a professional service contract with Emcon/OWT, Inc. to provide professional engineering and related services for soil liner quality control at the Denton Municipal Landfill; a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the v — day of 2002. EULINE ..BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: (fa / 2-DRD — RFSP 2862 Construction Quality Assurance PROFESSIONAL SERVICES AGREEMENT. FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the 31st day of May, 2002, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and EMCON/OWT, Inc. Firm, with its corporate office at 999 Remington Boulevard, Suite A, Bolingbrook, Il 60440-3556 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below) Provide Construction Quality Assurance (CQA) and Professional of Record (POR) services for construction of the approximately 13 acre liner to be constructed at the City of Denton's Landfill in Cells 2B and 2C. Management of the contractor and surveying services are not included in EMCON/OWT's basic scope of work but may be added as additional services. Page 1 Slpur/bidspec/Professional Services Agreement.doc SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $ 117,564.00 inclusive of Reimbursable Expenses as detailed in the Design Professional's proposal and cost estimate. 2.1.2 Progress payments for Basic Services shall be paid in the following percentages of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Construction Phase 100% Progress payments will be made monthly based on actual time and materials in accordance with the attached project cost estimate. 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Professional of Record (P.E.) $ 112.00 per hour CQA Monitor $ 48.00 per hour CQA Engineer $75.00 per hour CADD Operator $56.00 per hour Clerical Staff $42.00 per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.1 times the amounts billed to the Design Professional for such additional services. Page 2 S:/pur/bidspec/Professional Services Agreement.doc SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: City of Denton General Conditions to Agreement for Architectural or Engineering Services, noting that Sections 2.2 through 2.5 are not applicable to the agreement. 2. The Design Professional's Proposal and Cost Estimate This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON IZ� io BY: �tl I *tUG'Q MI "EL DU F J JJ J CITY MANAGER ATTEST: WALTERS, CI-fY SECRETARY ) AS TO LEGAL FORM: L. PROUTY, CITY ATTORNEY BY: �L T / BY: Inc. BY: Firm's Officer/Representative WITNESS: I Page 3 S:/pur/bidspec/Professional Services Agreement.doc CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal') to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional') or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services'D. 1.2 The Design Professional will perform all Services w an independent contractor to the prevailingprofessional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same localityunder similar conditions, including reasonable, infomtedjudgments and prompt timely actions (the'Degree of Care'. The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which maybe adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural,civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, w described by and required in Section 2.4. The Basic Services may be modified by the Agreement 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project 2.2.2 The Design Professional shall provide apreliminary evaluation of the Owner's program, construction schedule and construction budgetrequirements, each in tem ; of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project 2.2A Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 23 DESIGN DEVELOPMENTPHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character ofthe Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as maybe appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional [ that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project 23.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shallprepare, for approvalbythe Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable taws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities havingjurisdiction over the Project 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurenummethod that is legally applicable to the Project including without Page 1 C:\WINDOWS\Dwktop\ivfy Briefcase\GENERAL CONDMONS-ARCHITECT-ENGINEER0502.doe limitation, the competitive sealed bidding process. Although the Ownerwill consider the advice of the Design Professional, the award of the construction contractis in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents n may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AiA document A201, General Conditions of the Contract for Constriction, current as of the date of the Agreement, unless otherwise provided in the Agreement For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, a warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument 2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on -site visit On the basis of on -site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will followDegree of Cue in performing all Services under the Agreement The Design Professional shall promptly correct any defective designs a specifications famished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, a for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as tray otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification forpayment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contracmr's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contactor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for whatpurpose the Contractor has used money previously paid an account of the Contract Sum 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed a completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons perfomdng portions of the work 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequatereview. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extentrequiredby the Contract Documents. The Design Professional's review shallnot constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Whenprofwsionalcertificationofpmformancecheractmistirs of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Page 2 CAVINDOWSIDeskmptivly Briefcase\GENERAL CONDMONS-ARCHnECT-ENGINEER0502.doc 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and providerecommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner a Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form ofdrawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3A shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 33 arerequirsd due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part ofsuch Contingent Additional Services arenot required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 33 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 33.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and firrnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contactor, or by failure ofpedormunce of either the Owner or Contractor under the Contract for Construction. 33.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. Page 3 C:\WINDOWS\Desktop\My Briefcase\GENERAL CONDITIONS-ARCHITECT-ENGINEER0502.doe 3.3.7 Proyiding services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 33.8 ProvidingservicwinadditiontothoserequiredbyArticle2forpreparingdmummtsforaltemate,separateorsequmtialbidsorprovidingservicminconnection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as apart of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrentneghgence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.43 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project 3.4.4 Providing services relative to future facilities, systems and equipment 3A.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information famished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors orby the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, fumishings and related equipment 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineeringportions oftheProjectprovided as apart of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural Practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- struction based on marked -up prints, drawings and other data famished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused ornecessirrted in whole or in part due to the negligent act or orndssion of the Design Professional shall be performed by the Design Professional as apart of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to a0 of these costs. 43 if requested by the Design Professional, the Owner shall famish evidence that financial arrangements have been made to fulfill the Owners obligations underthis Agreement 4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Project The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. Page 4 C:\WINDOWS\Dmktop\My Briefcase\GENERAL CONDITIONS-ARCHITECT-ENGINEER0502.doc 4.5 Where applicable, the Owner shall famish surveys descnbingphysical characteristics, legal limitations and utility locations for the site ofthe Project, and awritten legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of --way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information couneming available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall fumish the services of geotechnical engineers when such services arc requested bythe Design Professional. Such services may include but arenotlimited to testborings, testpits, determinations of soil bearingvalues, percolation tests, evaluations of hazardous materials, ground corrosion andre- sistivity tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall famish the services of other consultants when such services are reasonablyrequired by the scope of the Project andare requestedby the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall famish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required bylaw or the Contract Documents. 4.8 The Owner shall famish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications m be requested of the Design Professional or Design Professional's consultants and shall submitsuch to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications thatwould require knowledge ar services beyond the scope of the Agreement ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at currontnwketrates oflabor and materials famished by the Owner and equipment designed, specified, selected or specially provided for by the Design professional, plus a reasonable allowance for the Contractor's overhead and profit In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.13 Constriction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights -of -way, financing a other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBIIITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's bestiudgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget a from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreementbythe furnishing, proposal or establishment of a Projectbudget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fired limitbas been established, the DesignPmfessional shallbepemmitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level ofprices in the construction industrybetween the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the properly of the Owner upon termination or completion of the Agreement The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regnlatoryrequtreements or for similar purposes in connection with the Projectis not to be construed as publication in derogation of the Design Professional's reserved rights. Page 5 C:\WINDOWS\Desktop\My Briefcase\GENERAL CONDITIONS-ARCHITECT-ENGINEER0502.doe ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) dayperiod, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreementand shall bepromptlydelivered to the Owner in arewonablyorganized form. Should Owner subsequently contractwith anew Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation sballbe equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner formore than 90 consecutive days, the Design Professional or the Owner may terminate the Agreememby giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional forwork satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for ternination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfectorilyperformed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sickleave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities havingiurisdiction over the Project 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime workrequiring higher than regularrates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer -aided design and drafting equipment time when used in connection with the Project 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 83.2 If and to the extent that the time initially established in the Agreement is exceeded or extended throughno fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement 8.33 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of cbanges in the work other than those for which the Design Professional is responsible. Page 6 C:\WINDOWS\Desktop\My Briefcase\GENERAL CONDITIONS-ARCHIIBCT-ENGINEER0502.doc 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the bass of a multiple of Direct Personnel Expense for inspection and copying during regular business boors for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, 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 and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State hrsurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 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. 10.2 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 of not less than $100,000 for each accident 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Laurance with liadts of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,606,600 annual aggregate 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall he exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonablypossible be read so as to harmonize the provisions. However, should the provisions of these documents be in contlictso that they cannot be masonablybarmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner a Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential a proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 7 C:\WINDOWS\Dmktop\My Briefcase\GENERAL CONDITIONS-ARCHITECT-ENGINEER0502.doc 11.7 All notices, communications, and reports required a permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same inahe Unites States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the 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 the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement Page 8 C.\WINDO WS\Dmktop\My Briefcase\GENERAL CONDMONS-ARCHITECT-ENGINHER0502.doc Attachment to Agreement Proposal to Provide Construction Quality Assurance Professional of Record City of Denton Landfill RFP No. 2862 Prepared for: May 2002 Prepared by: (i EMCON/OWT, Inc. A Shaw Group Company 5701 East Loop 820 South • Fort Worth, Texas • 76119 • (817) 478-8254 EMCON/OWT, Inc. 5701 East Loop 820 South Fort Worth, TX 76119-7051 Tel: 817/478-8254 Fax: 817/478-8874 EMCON/OWT, Inc. A Shaw Group Company May 28, 2002 Mr. Charles W. Fiedler, P.E. Director of Engineering City of Denton 601 E. Hickory, Suite B Denton, TX 76205 Re: Proposal for Professional Services Cells 2B and 2C.Construction Quality Assurance City of Denton Landfill Dear Mr. Fiedler: EMCON/OWT, Inc. (EMCON) is pleased to present this proposal to provide construction quality assurance (CQA) services for the City of Denton. This proposal has been prepared in accordance with the City of Denton's Request for Proposal No. 2862. We bring the following experience and value to your project: EMCON provided CQA services during Cells 2A and 2B liner construction, and prepared the construction plans for this project. The proposed professional of record (POR) for this project, David R. Friels, was also the POR for the previous cell construction. EMCON will provide an experienced CQA team that has worked together on numerous CQA projects over the past five years. EMCON's proposed POR has certified over 12 million square feet of liner and cover. As indicated in the attached proposal, EMCON is highly qualified to provide the City of Denton with professional and cost-effective construction quality assurance services. If you have questions or comments, please call us at (817) 478-8254. Sincerely, EM/^CONE/OWT�INC. David R. Friels, P.E. Construction Quality Assurance Manager Bryan R. Welborn Client Program Manager FWN:\PROPOSAUFY2002\DentonLL.052802 CONTENTS 1 STATEMENT OF INTEREST 1-1 2 PROPOSAL ORGANIZATION 2-1 2.1 Name and Address of Respondent 2-1 2.2 Data and General Qualifications 2-1 2.3 Firm Profile 2-2 2.4 Description of Project Team 2-3 2.5 (Abbreviated) Resumes of Key Personnel 2-4 3 RELEVANT EXPERIENCE AND CAPABILITIES 3-1 3.1 Relevant Liner CQA Experience 3-1 3.2 SLER/GLER Submittals in Past 2 Years 3-1 3.3 Approach 3-4 3.4 Team Organization and Communication 3-5 3.5 Project Schedule 3-6 3.6 Project Deliverables 3-7 NAPROPOMA 20DMemmn\Cellf2B&2CCQAPmp�nronCel52B2Cpmp05-02u.dt smcon/ow. . inc. ii 1 STATEMENT OF INTEREST EMCON/OWT, Inc. (EMCON) appreciates the opportunity to submit this proposal to the City of Denton (City) to provide Professional Construction Quality Assurance (CQA) and Professional of Record (POR) Services for the construction of the Cells 2B and 2C at the City of Denton Landfill. Our continuing interest in working for the City of Denton and this project is demonstrated by our regular interactions with the landfill staff, and numerous previous projects performed and completed for the City of Denton Landfill. Just within the past year, EMCON completed the following cell design and CQA projects for the City of Denton Landfill: • Cell 2A CQA, SLER, and GLER • Cells 2B & 2C Construction Plans and Bid Documents • Cell 1 Partial Final Closure Plans and Bid Documents The same project managers and engineers that worked on the above projects will continue to serve the City for the construction of the Cells 2B and 2C. This includes both the POR for the previous construction of Cell 2A (Mr. David Friels, P.E.) and the design engineer for Cells 2B and 2C (Mr. Charles Leung, P.E.). In addition, the lead CQA Monitor, Mr. Jason Longoria, has worked together with Mr. Friels on numerous composite liner projects over the past five years. All the key personnel that are shown in the proposed organization chart (see Section 2) are committed to be available for this project in the time frame defined by the City. EMCON — Fort Worth currently has one CQA project underway and Mr. Friels has scheduled his projects around this City of Denton project. Mr. Longoria will complete his current project assignment in June 2002. Due to the relatively uniform geometry of Cells 2B and 2C, and since the City's nearly - completed excavation to the design base grades in the area, EMCON does not anticipate significant issues from the construction. However, the construction of the underdrain and adjacent cell tie-ins may require additional field attention and communications with the design engineer. Given our familiarity with the design of the underdrain and tie-ins of the past Cells 1 and 2A/B, EMCON is uniquely qualified to have both the design and CQA engineers working together in the same office to address expeditiously any project issues during construction. This results in time and cost savings through avoidance of delays from the design engineer and the CQA POR. NAPROPOSAL\ 2W2nton\Cella 2B & 2C CQA Prop\Denton CeN 2B 2C prop 05Ai dm sEmcon/owT, Inc. 1-1 2 PROPOSAL ORGANIZATION 2.1 NAME AND ADDRESS OF RESPONDENT EMCON/OWT, Inc. is the official incorporated name for EMCON. EMCON is a subsidiary of our parent company, the Shaw Group, Inc., based in Baton Rouge, Louisiana. Our engineering group in the Fort Worth office will perform the work for this project. Contact information is as follows: 0 EMCON/OWT, Inc. (Fort Worth Office) — Mr. David Friels, P.E., 5701 East Loop 820 South, Fort Worth, Texas 76119. Phone: (817) 478-8254, Fax: (817) 478-8874. ML Testing will perform the geotechnical laboratory testing for the CQA portion of the project. Contact information is as follows: • ML Testing — Mr. Mark Lankford, 5701 East Loop 820 South, Fort Worth, Texas 76119. Phone: (817) 563-5771, Fax: (254) 823-6636. (ML Testing was the former geotechnical laboratory for the EMCON Fort Worth office. Mr. Lankford, a former EMCON employee, purchased it in 2001.) 2.2 DATA AND GENERAL QUALIFICATIONS EMCON began as a solid waste consulting firm in 1971, By providing superior client service, we expanded with each passing year to become a national firm providing engineering, construction and operations and maintenance services for a diverse clientele in both the public and private sectors. The EMCON-Fort Worth office, formerly Baker -Shiflett, Inc., has been working with the TNRCC (and predecessor agencies) and serving the solid waste industry in Texas for over 17 years. Our engineering group has also developed designs for dozens of landfills in Texas. These designs have included permit -level designs as well as construction plans and specifications. Our work in all phases of landfill engineering (including during construction) contributes to the efficiency and constructability of our designs. Our use of current CADD technology enhances the efficiency and accuracy of our designs. The extensive staff of our parent company, The Shaw Group, Inc., complements EMCON's technical staff of over 400 people, across more than 80 offices nationwide with over 20,000 employees. With these available resources, we provide our customers N.VROPOSAL 2002Demon\Cells2B&2CCQAPmp\DeownC01s2B2Cprop05.02xcdoc Emcon/owT, Inc. 2-1 quality services in a wide range of disciplines. Our office in Fort Worth, Texas, has been a key location for our professionals in solid waste services. For over 30 years we have served our customers in solid waste permitting, design, construction, operations and maintenance, environmental monitoring, testing, and management. For our clients, this experience translates to extraordinary value that reduces the costs of complying with regulations while achieving a high level of environmental performance. Our in-depth technical resources allow us to address our clients' needs at significant savings, not only in project costs but also in life -cycle costs. Through our vertically integrated approach, EMCON provides clients with a menu of services. We provide turnkey solutions from project conception through construction and operation and maintenance (O&M). We also provide individual project components (e.g., feasibility studies, designs, construction, O&M, monitoring). Whether we are providing the individual components or a complete integrated approach, the client benefits from our broad experience. 2.3 FIRM PROFILE 2.3.1 YEARS WITH FIRM OR AGE OF FIRM The EMCON's Fort Worth office has been working with the TNRCC (and predecessor agencies) and serving the solid waste industry in Texas for over 17 years. The office has been providing CQA for composite liners for solid waste clients in Texas since 1994. For key project personnel, Mr. David Friels, P.E., has been with EMCON for over 12 years, and Mr. Charles Leung, P.E., has been with EMCON for five years. 2.3.2 TYPE OF FIRM EMCON/OWT, Inc. is the official incorporated name for EMCON. EMCON is a subsidiary of the Shaw Group, Inc., based in Baton Rouge, Louisiana. 2.3.3 FIRM HISTORY EMCON, founded in 1971, purchased Baker -Shiflett, Inc., approximately 10 years ago. The IT Group purchased EMCON in 1999, and the current parent company, the Shaw Group, Inc. purchased the IT Group in April 2002. The Fort Worth office has a history of more than 17 years of solid waste services to the municipal and private sector. Please refer to Section 2.2 — Data and General Qualifications for additional information. N:TROPOSALWY2W DenwnrAlls2B&2CCQANap\Dann Celle2B2Cprop05-MmAm sEmcon/owT, Inc. 2-2 2.3.4 FIRM SIZE (PROFESSIONALS BY DISCIPLINE) The EMCON-Fort Worth office has a staff of 19 and carries a multi -disciplined professional team of civil and geotechnical engineers, CAD designers, senior geologists, air quality/permitting engineers, planner, O&M staff, and administrative support personnel. In addition, EMCON enjoys nationwide support of a near-400-strong professional staff, along with thousands of professional staff from our parent company. 2.3.5 AREAS OF SPECIALTY / CONCENTRATION EMCON specializes in providing permitting, design, construction quality assurance, groundwater, and landfill gas services to the solid waste industry. 2.3.6 TELEPHONE NUMBER AND FAX NUMBER Phone 817/478-8254,Fax 817/478-8874. 2.4 DESCRIPTION OF PROJECT TEAM 2.4.1 SINGLE POINT OF CONTACT The point of contact for the team will be Mr. David R. Friels, P.E., the team director and CQA Professional of Record (POR). 2.4.2 KEY PERSONNEL Project Manager and POR - David Friels, P.E. Lead CQA Monitor - Jasson Longoria Soils Testing - Mark Lankford (ML Testing) Geosynthetics Testing - Rasheed Ahmed, EMCON Geosynthetics Laboratory Assistant POR - Charles Leung, P.E. CQA Engineer - Cannon Henry, E.I.T. 2.4.3 ORGANIZATION CHART A proposed organization chart for the project team is presented at the end of Section 2. KTROPOSAL�200210enton\Cells 2B&2C CQA Pmp\Denton Ce0s 2B 2C pmp 05-02=doc sEmcon/ow. .Inc. 2-3 2.5 (ABBREVIATED) RESUMES OF KEY PERSONNEL In order to comply with the 20-page proposal format requirement by the City, abbreviated resumes of the key project personnel are presented. Full resumes of the key and other project personnel are available upon request. David R. Friels, P.E. - Overall CQA responsibility and POR Mr. Friels is the Construction Quality Assurance Group Manager and has more than 30 years experience in the areas of geotechnical and materials engineering. He joined Baker -Shiflett, Inc. (EMCON) in 1989 as Construction Materials Manager. He has managed CQA and prepared certification reports for over 12 million square feet of liner and cover systems since 1994. He is experienced in preparation Soils and Liner Quality Control Plans and Geotechnical attachments for Solid Waste Permit documents. Mr. Friels assisted in the preparation of Denton's SLQCP, Cell 2B and 2C Construction Plans and Specifications, and was Construction Manager/POR for the Cell 2A and 2B construction. Mr. Friels' geotechnical engineering experience includes planning and directing field exploration and sampling, laboratory testing, analysis of data, and preparation of engineering reports for a wide variety of municipal, commercial, and industrial projects. He is a licensed professional engineer in Texas and several other states and has a Bachelors and Masters degree in Civil/Geotechnical Engineering from Oklahoma State University. Jasson Longoria - Lead CQA Monitor responsible for site CQA activities Mr. Longoria has provided construction monitoring, testing, and documentation for landfill construction projects involving soil and geosynthetic liners for more than seven years. He joined EMCON in 1998 as a field CQA monitor. Prior to working for EMCON, he worked for Poly -Flex, Inc., as a quality assurance officer and an installation superintendent. His experience over the past seven years has involved QA/QC monitoring during installation of millions of square feet of liner across the country. His responsibilities have also included material management, oversight of production and schedule, coordination between construction management and construction site personnel, as well as quality control testing in the laboratory. His experience in CQA also includes landfill gas extraction systems, observation of backfill placement, direction of and documentation of drilling. Mark Lankford - Responsible for Soils Laboratory Testing for this project Mr. Lankford has over 13 years of geotechnical materials laboratory testing experience. He has been responsible for providing the soil laboratory testing for all of Fort Worth - EMCON's landfill liner projects. He is a NICET Level IV Engineering Technician. Mr. Lankford founded ML Testing in 2001 when he purchased EMCON's geotechnical laboratory. Prior to that time he had been employed by EMCON (Baker -Shiflett) for over 13 years. N:WR0P0SAL\FY200PD.mmMC.1e 2B& 2C CQA PropMman Cells 28 2C pmp 05-02 .d.c smeon/ow. .Inc. 2-4 Rasheed Ahmed, Director of EMCON's Geosynthetics Laboratory - Responsible for geosynthetics testing for the project Mr. Ahmed has been Director of EMCON's geosynthetics laboratory and is a graduate engineer with over five years of materials engineering and testing experience. The laboratory is accredited by AASHTO and GAI-LAP (the Geosynthetic Accreditation Institute - Laboratory Accreditation Program). Charles Leung, P.E. - Assistant POR responsible of peer review of engineering for. the project Mr. Leung is manager of the Engineering Group for Fort Worth and has over 15 years of solid waste experience that involved more than 250 solid waste and landfill projects. He is engineer of record for the Denton Cell 2B and 2C construction plans and specifications and has been POR for several landfill cell and final cover construction projects in the Mid West. The majority of his experience has been in landfill engineering and solid waste management functions. A variety of solid waste work performed includes site evaluations for solid waste facilities, engineering design and analyses, landfill gas design and construction, construction quality assurance of solid waste facilities, and evaluation of solid waste management options and planning. Mr. Leung is a licensed professional engineer in Texas and several other states and has a Bachelors and Masters degree in Civil/Geotechnical Engineering from the University of Texas at Arlington. Cannon Henry, E.I.T. - Responsible for assembling and quality review of data Since joining EMCON in 1998 Mr. Henry has worked in the areas of solid waste permitting, design, and construction quality assurance. He provided some of the site inspections during construction of Denton's Cell 2A and 2B liner and assisted in preparation of the liner reports. He has prepared permits and permit modifications, developed construction plans, specifications, bid documents, and assisted in pre - construction and construction activities for many projects in Texas. His recent experience has been focused on the preparation of permits and construction plans and specifications for industrial and municipal solid waste sites. He provides engineering support for a variety of projects including landfill gas services, landfill design, construction assurance and quality control, and storm water management. Mr. Henry also provides design support for leachate collection and recovery systems, permit and construction details, and other aspects of landfill design. He has worked extensively on the City of Arlington landfill projects. Mr. Henry has a Bachelor's degree in Civil Engineering from the University Texas at Arlington with emphasis in Environmental Engineering. N.TROPWS WY200A@nton\Cells2B&2CCQAProp\DentonCe0s2B2Cprop 05-02x dm SMCOn/OWT, inC. 2-5 Project Organization Chart Denton Landfill Cells 2B & 2C Construction CQA Project Team Landfill Manager David Dugger Data Compilation and Review Cannon Henry, EIT EMCON ietics La Rasheed Ahmed City of Denton Project Manager Charles Fiedler, PE Professional of Record David Friels, PE Lead CQA Monitor Jasson Longoria Assistant Professional of Record Charles Leung, PE ML Testing Soils Laboratory Mark Lankford Assistant CQA Monitors (As Required) (CON/OWT, INC. 3 RELEVANT EXPERIENCE AND CAPABILITIES 3.1 RELEVANT LINER CQA EXPERIENCE EMCON has been providing CQA for composite landfill liners and covers in Texas since 1994 from its Fort Worth office. Mr. Friels, EMCON's POR, has been group manager for over two years and during that time he was responsible for the CQA activities conducted from EMCON-Fort Worth. He has been responsible for preparation of all of the certification reports since January 2000, and has prepared certification reports for over 12 million square feet of liner and cover during the past eight years. The basic CQA team as proposed includes Mr. David Friels, P.E. (POR), Mr. Jasson Longoria (CQA monitor), and the laboratories. Mr. Longoria was first employed by EMCON in 1998 and has been the CQA monitor on a number of projects that Mr. Friels was POR. Mr. Mark Lankford, ML Testing, has provided soil testing for all of the CQA projects managed from Fort Worth. EMCON's geosynthetics laboratory has provided geosynthetics testing for all of EMCON's projects for the past two years. 3.2 SLER/GLER SUBMITTALS IN PAST 2 YEARS City of Denton Landfill (completed in May 2001) Composite liner for Cell 2A is approximately 13 acres and consists of a hydrostatic pressure relief system, compacted clay liner, a geomembrane liner, and a leachate collection system. The liner was constructed in two sections, requiring two SLERs and GLERs. EMCON was the prime professional and provided complete CQA services (site inspection, POR, and SLER/GLER) as well as cell design. The CQA team for this project included the proposed team except Tommy Thompson was the CQA monitor. Client reference: David Dugger, Landfill Manager, (940) 349-7512. C&T Landfill, Hidalgo County (completed in May 2002) Composite liner approximately 4.9 acres consisting of a hydrostatic pressure relief system, geosynthetic clay liner (GCL), geomembrane liner, and a leachate collection system. N:TROPOSAL\FY2fflMemmn\CEIB2B&2C CQA Rop\Oenwn Cells 2B 2C prop 05-02u.Eoc Emcon/owr, Inc. 3-1 EMCON was the prime professional and provided complete CQA services (site inspection, POR, and certification report) as well as cell design. The CQA team for the C&T project is the same team that is proposed for Denton Landfill Cells 2B and 2C. Client Reference: Santiago Morado, Landfill Manager, (956) 383-7398. City of Beaumont Landfill (completed in February 2002) Composite liner approximately 19 acres consisting of a hydrostatic pressure relief system, a compacted clay liner, a geomembrane liner, and a leachate collection system. The liner was constructed in two sections, requiring two SLERs and GLERs. EMCON prepared the construction documents and was the prime professional and provided management of CQA activities, the assistant CQA monitor, and prepared the SLERs and GLERs. T&N Laboratories provided the CQA Engineer site inspections and lead CQA monitor as well as some of the laboratory testing through a sub contract. The CQA team for this project included Friels as POR, ML Testing, and EMCON's geosynthetic laboratory (as proposed for Denton's project). Adrian Williams was EMCON's assistant CQA monitor. Client reference: John Labrie, Clean Community Department Director, (409) 842-1483. Maloy Landfill, Hunt County (completed in January 2002) Composite liner approximately 5 acres consisting of a compacted clay .liner, a geomembrane liner, and a leachate collection system. EMCON was the prime professional and provided complete CQA services (site inspection, POR, and SLER/GLER) as well as cell design. The CQA team for this project included the proposed team except Tommy Thompson was the CQA monitor. Client Reference: Lanny Caffey, General Manager, (903) 886-7832. Turkey Creek Landfill, Johnson County (completed in September 2001) Composite liner approximately 9 acres consisting of a compacted clay liner, a geomembrane liner, and a leachate collection system. EMCON was the prime professional and provided complete CQA services (site inspection, POR, and SLER/GLER) as well as cell design. The CQA team for this project included the same team proposed for Denton's project except Tommy Thompson was the CQA monitor. Client reference: Matt Henry, Environmental Manager, (972) 436-4217. NAPROPOSAL�2W0 nwNCells 2B& 2C CQA PmplMnwn Ccll 2B 2C pmp 05-02m.Eac fmcon/owt inc. 3-2 Camelot Landfill, Lewisville, Texas (completed December 2000) Composite liner approximately 17 acres consisting of a hydrostatic pressure relief system, compacted clay liner, a geomembrane liner, and a leachate collection system. EMCON was the prime professional and provided complete CQA services (site inspection, POR, and SLER/GLER) as well as cell design. The CQA team for this project included the same team proposed. for Denton's project. In addition to the normal liner CQA services, EMCON provided coordination with TNRCC and documentation of liner and cover repairs that were required due to a fire in the tire chip drainage layer (final approval in August 2001). Client reference: Matt Henry, Environmental Manager, (972) 436-4217. B&B Landfill, Paris - Lamar County (completed in November 2000) Composite liner for Cell lE approximately 4.1 acres consisting of a compacted clay liner, a geomembrane liner, and a leachate collection system. EMCON was the prime professional and provided complete CQA services (site inspection, POR, and SLER/GLER) as well as cell design. The. CQA team for this project included the same team proposed for Denton's project except Tommy Thompson was the CQA monitor. Client reference: Walter Hunt, Divisional Engineering Manager, (972) 842-5710. BFI Abilene Regional Landfill, Jones County (completed in August 2000) An alternate composite liner approximately 8 acres consisting of a compacted subgrade, a geomembrane liner, and a leachate collection system. EMCON was the prime professional and provided complete CQA services (site inspection, POR, and certification report). The CQA team for this project included the proposed team plus an additional CQA monitor. Client reference: Matt Henry, Environmental Manager, (972) 436-4217 Turkey Creek Landfill, Johnson County (completed in June 2000) Composite liner for Sector 3A approximately 9.8 acres consisting of a compacted clay liner, a geomembrane liner, and a leachate collection system. EMCON was the prime professional and provided complete CQA services (site inspection, POR, and SLER/GLER) as well as cell design. The CQA team for this project included the same team proposed for Denton's project except Tommy Thompson was the CQA monitor. NAPROPOSA TY20020emmMCells2B&2CCQA Pmp�tOnCells 2B2Cpmp05-02 .doe Emcon/owT, inc. 3-3 Client reference: Matt Henry, Environmental Manager, (972) 436-4217. C&T Landfill, Hidalgo County (completed in September 2000) Composite liner for Sector F approximately 4.7 acres consisting of a hydrostatic pressure relief system, a geosynthetic clay liner (GCL), a geomembrane liner, and a leachate collection system. EMCON was the prime professional and provided complete CQA services (site inspection, POR, and certification report) as well as cell design. The CQA team for this project is the same team that is proposed for Denton's project. Client Reference: Santiago Morado, Landfill Manager, (956) 383-7398. CSC Landfill, Ellis County (completed in July 2000) Composite liner for Sector 1B approximately 2.6 acres consisting of a compacted clay liner (3 feet), a geomembrane liner, and a leachate collection system. EMCON was the prime professional and provided complete CQA services (site inspection, POR, and certification report) as well as cell design. The CQA team for this project is the same team that is proposed for Denton's project. Client reference: Bobby Vickery, General Manager, (800) 256-9278. 3.3 APPROACH EMCON proposes to complete this project using an experienced project team that has worked together on the previous Cells 2A and 2B construction at the City of Denton Landfill and numerous projects of a similar nature. EMCON will give this project top priority. We will give City's interest and permit requirements top consideration, and at the same time, will work with the contractor using a team approach to achieve a completed liner that has been constructed efficiently and that meets the requirements of the project documents and TNRCC. The SLER and GLER reports will be submitted to the TNRCC in a timely manner with the goal of obtaining approval with no comments GLERs submitted by EMCON in the past two TNRCC, demonstrating the thoroughness and submittals. 3.3.1 CONSIDERATIONS About 75 percent of the 23 SLERs and years received no comments from the high professional quality of our CQA • Provide a team that has worked together and is experienced in liner CQA at the City of Denton Landfill and in Texas. WPROPOSA XFY20021Demon\Cells 2B & 2C CQA PmpXDemmn Cells 2B 2C pmp 0S02=doc s:mcon/owT, Inc. 3-4 • Conduct inspections, review submittals, and perform material testing consistent with the requirements of the permit SLQCP. • Verify that materials and construction conform to plans and specifications and notify the City and Contractor of any discrepancies that are not corrected immediately. • Provide internal reviews and quality control checks of CQA procedures and data. 3.3.2 CHALLENGES • Coordinate CQA activities with the contractor so that all necessary tests and inspections are completed without unnecessary interruption to the contractors work. • Provide results of tests and inspections to the contractor (and City if desired) in a timely manner. • Identify problems in a timely manner to correct them as efficiently as practicable. 3.4 TEAM ORGANIZATION AND COMMUNICATION 3.4.1 RESPONSIBILITIES AND COMMUNICATION • The CQA team will be directed by Mr. David R. Friels, P.E., the POR, who will have overall CQA technical and management responsibility and be responsible for preparation of the CQA reports (SLER and GLER). The POR will conduct periodic site visits and perform engineering inspections of the liner construction, as well as review field CQA activities. It is anticipated that approximately 35 percent of the POR's time will be devoted to this project including site visits, coordination, review of test results and report preparation. • The lead CQA monitor will work under the direction of, and report to, the POR. He will be responsible for all quality assurance liner sampling, testing, and inspection. He will coordinate directly with the laboratories and the contractor's superintendent and will supervise any additional field monitors that may be required. He will be responsible for communicating results of inspections and field and laboratory tests directly to the superintendent in a timely manner. The CQA monitor will be on site full time during all liner construction, which will result in 100 percent of his work effort being devoted to the project until protective cover is complete. NVROPOSALTY2002Neoton\Celk2B&2CCQA Pmp�ion Cells282Cpmp05-02 doc Emcon/OWT, Inc. 3-5 • Laboratories will receive all samples and test instructions from the CQA monitor and will transmit test results directly to the CQA monitor with information copies to the POR. Based on present work loads, ML Testing will allocate approximately 50 percent of his work effort during soil liner construction, and EMCON's geosynthetics laboratory will allocate approximately 20 to 25 percent of its time to this project during the geomembrane installation. Both laboratories, however, will give this project the necessary priority to produce test results in a timely manner. Typically, tests of soil samples will be complete within three to five days, and seam test results will be faxed to the site the day following sampling. • The project CQA engineer working under the direction of the POR will assemble data for the reports and assist with report preparation. He will provide quality control of EMCON's CQA field data. He will be the second line of defense (behind the CQA monitor) in identifying test results and field observations that either may be inconsistent or do not meet the requirements of the SLQCP. Approximately 10 to 15 percent of the staff engineer's time will be allocated to this project. However, his time allocation will increase to approximately 85 percent during one week at completion of the soils liner and two weeks after completion of the geomembrane liner for final data assimilation and quality reviews. • The assistant POR, Charles Leung, P.E., will be responsible for engineering review of the CQA reports (SLER and GLER) and will serve as a backup to the POR. The assistant POR is the engineer of record for the cell plans and specifications. He will review the plans and specifications with the project team to reduce the potential of a misunderstanding. Additionally, he will be available to address technical questions regarding the design. His time allocation for this project will be about five percent overall. 3.4.2 QUALITY CONTROL An important part of the CQA service is our internal quality review of the technical data that will be included in the liner reports (SLER and GLER). The CQA engineer, Cannon Henry, will assist with report assembly and provide a detail quality review of the technical data. Mr. Henry will also is available to assist with field monitoring during geosynthetics installation. Charles Leung, P.E., the Fort Worth Engineering Manager, has prepared numerous liner certification reports and will provide the CQA engineering quality review. 3.5 PROJECT SCHEDULE A projected schedule has been prepared based on the contractor's receiving a notice to proceed on June 19, 2002, and the work being substantially complete not later than November 15, 2002. The duration shown on the schedule for those tasks performed by NAPR0P0SAL M002Blemmn\QeSt2B&2CCQA PmpMemmnCells 2B2Cpmp0S02v.doc sEmcon/OWT, Inc. im the contractor have been based on previous experiences with similar liner projects. The projected schedule. is presented at the end of Section 3. It is anticipated that the contractor will mobilize and commence work on the cell excavation and subgrade preparation on June 24. EMCON's CQA monitor will mobilize after cell excavation is complete and subgrade preparation has commenced. The CQA monitor will observe and evaluate the prepared subgrade and inspect the underdrain installation. He should be on site full time commencing with the underdrain construction through the protective cover completion (unless there is a break in the liner work). ML . Testing, the soils laboratory, has over 15 permeameters; therefore, the hydraulic conductivity tests should be completed as the soil liner work progresses and tests for the final lift should be complete within approximately five days after the samples are obtained. EMCON will begin work on the Soils Liner Evaluation Report (SLER) after work commences on the soil liner, and a draft of the report will be provided to the City for review within two weeks after the clay liner is completed. Preparation of the Geomembrane Liner Evaluation Report (GLER) will begin shortly after work on the geomembrane liner commences, and the draft GLER will be complete approximately two weeks after completion of the protective cover. Typically, TNRCC will take 14 days to review the SLER and GLER. If necessary for the City's schedule, the reports can generally be complete within one week after the soil liner (protective cover) is complete. 3.6 PROJECT DELIVERABLES 3.6.1 DELIVERABLES REQUIRED BY TNRCC EMCON will prepare a SLER and the GLER. These reports will be prepared for submittal to the TNRCC to certify the liner construction and obtain the TNRCC's permission for the City to place waste in the new cell. • A SLER will be prepared in accordance with the requirements of TNRCC to document the construction of the soil liner. The report will include TNRCC's SLER form, a narrative, as -built drawings, the liner survey, soil field and laboratory test results, documentation of the underdrain, and liner hydrostatic . pressure uplift calculations. A report draft will be sent to the City for review within two weeks of completion of the soil liner. The report will be transmitted to the TNRCC after comments from the City are addressed. • A GLER will be prepared in accordance with the requirements of TNRCC to document the installation of the geomembrane liner and leachate collection system. The GLER will include the GLER form, a narrative, as -build drawings and surveys, geosynthetics certifications, quality assurance test results for geosynthetics and aggregates, forms documenting the liner installation, and destructive test results of seam samples. A draft report will be sent to the City NAPROPOSAUPY20020e.L.MCells 26& 2C CQA Prop0emon Cell$ 202C prop 05-02xx.doc EMCW/owT, Inc. 3-7 for review within two weeks of completion of the protective cover. The report will be transmitted to the TNRCC after comments from the City are addressed. 3.6.2 COORDINATION OF DELIVERABLES Biweekly project updates will be prepared by the POR and faxed to Denton's project engineer, landfill manager, and the contractor. The updates will address relevant CQA activities and problems. A budget update will be included with the copies to the City. • Copies of material conformance tests will be provided to the contractor and City (if desired) after the POR or assistant POR has reviewed the results. Typically, the results will be attached to the project updates. However, if problems are detected, the results will be faxed or hand delivered to the contractor and project engineer., N.-TROPOSAL\FY2002\Denton\Cells 2B&2C CQA PropWenton Cells 2B 2C prop 05-02u.du emcon/ow. .Inc. M-ij o C� e�o z� � 'd ' o m..................................................................................... l 0 a .................................................. z Z N o O N U v� LU 0 o W 0 0 M N .................... .. . Q � a O m N q O 0 n . m o e � � O Q O N.............. ................ ..... ................. ......................................................................................... ca Q � L 06 ; M � W � N O O ON p Q w 9 ........ ..... ....__.........................._._.............__......................._......__....._._.............................. c= N a CcU N > c c e r != O (a en o N W O N C N 00 N N N N IN N IN :N N !N N N N 10 :N N :N N N N N :N N N N N N -N N N a; N N N N m :O Q q v` `m c � v N F 'p m U m c w U K C O O H R N C J V p F ry m -c -2 0 U Z Q �Ury y U N � m N a"i w w Ndm Jun-05-02 05:11pm From-IT/EMCON EMCON Construction Quality Assurance Cosi Estimate Cells 2B and 2C Denton, Landfill T-695 P.002/005 F-092 5/30/02 Task Description Flours Labor Directated Expense Expense Laboratory Total Cost Total Cost I Field Observations 1156 $ 54,340 $9,420 $ 63,760 2 Lab Testing $14,639.50 $ 14,640 3 Site Visit/Coord. 266 $ 27,942 $1,140 $ 29,082 4 SLER/GLER 131 $ 9,882 S200 $ 10,082 5 Additional Services 0 $ - $0 $ - Estimated Total Cost 1,553 $ 92,164 $ 10,760 $ 117,564 Estimated Construction Schedule: Subgrade Preparation and Underdram Clay liner Geomembrane liner Geocomposite LCS Trenches and Protective Cover Days The above costs are based on the CQA monitor required on site 84 days. It is assumed the Liner construction will take approximately 14 weeks with 6 working days per week (avg.). Testing is based on approximately 13 acres of liner with each lift of clay constructed monolithically (minimizing the number of tests per lift). 12 24 18 6 24 84 0 Pave 1 Denton3002cgaestxls