HomeMy WebLinkAbout2000-351NOTE First Amendment to Agreement (Ordinance No 2001-187)
ORDINANCE NO J
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMCON,
A TEXAS CORPORATION, FOR ENGINEERING SERVICES PERTAINING TO
CONSTRUCTION MANAGEMENT AND TESTING SERVICES DURING THE
CONSTRUCTION PHASE OF THE EXPANSION OF CITY OF DENTON LANDFILL
CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the public interest to engage EMCON, a Texas
Corporation ("EMCON"), to provide professional engineering services to the City pertaining to
the construction management and testing services during the construction phase for the
expansion of City of Denton Landfill Cells 2A and 2B, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above -described professional services, and that limited City staff cannot adequately
perform the services and tasks with its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price,
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute a Professional
Services Agreement with EMCON, a Texas Corporation, of Fort Worth, Texas, for professional
engineering services pertaining to the construction management and testing services during the
construction phase for the expansion of the City of Denton Landfill Cells 2A and 2B, in
substantially the form of the Professional Services Agreement attached hereto and incorporated
herewith by reference
SACTION 2 That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of EMCON and the ability of EMCON
to perform the professional services needed by the City for a fair and reasonable price
SECTION 3 That the expenditure of funds as provided in the attached Professional
Services I Agreement is hereby authorized
SECTION 4 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of, 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
A1w4=P--
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STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
PERTAINING TO THE CONSTRUCTION MANAGEMENT AND TESTING SERVICES
DURING THE CONSTRUCTION PHASE FOR THE CITY OF DENTON, TEXAS LANDFILL
EXPANSION OF CELLS 2A AND 2B
HIS AGREEMENT is made and entered into as of the day of
2000, by and between the City of Denton, Texas, a Texas
Mumcipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas
76201 (hereafter "OWNER') and EMCON, a Texas Corporation, with its offices at 5701 East Loop
820 South, Fort Worth, Texas 76119 (hereafter "CONSULTANT"), the parties acting herein, by
and through their duly-authonzed representatives and officers
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows
ARTICLE T
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the Articles to follow, with diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas The professional services set forth
herein are in connection with the following described project (the "Project')
Professional engineering services pertaining to the construction management and testing services
during the construction phase for the expansion of the City of Denton Landfill Cells 2A and 2B
(EMCONProjectNo 803321)
ARTICLE TT
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner
A To perform those professional services as set forth in the "Scope of Work and Cost Estimate
for Constriction Phase Services, Phase 2 Liner Construction, City of Denton Landfill,
Denton County, Texas," prepared by CONSULTANT for OWNER in June 2000, which
document is attached hereto as Exhibit "A," and is incorporated herein by reference, which
document is comprised of eleven sections
1 Introduction [page 1-1],
2 Scope of Services [pages 2-1 through 2-8],
3 Project Organization [page 3-1],
4 Projected Schedule [page 4-11,
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5 Proposal Assumptions [page 5-1],
6 Additional Services [page 6-1],
7 Estimated Budget [page 7-1],
8 Appendix A
9 Appendix B
10 Appendix C
11 Appendix D
B If there is any conflict between the terms of this Agreement and Exhibit "A" attached to this
Agreement, the terms and conditions of tlus Agreement shall control over the terms and
conditions of the Exhibit
ARTICLE ITT
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included as Basic Services in the above-descnbed Scope of Services, set
forth as provided by Article II above, shall be later agreed -upon by OWNER and CONSULTANT,
who shall determine, in writing, the scope of such additional services, the amount of compensation
for such additional services, and other essential terms pertaining to the provision of such additional
services by the CONSULTANT OWNER and CONSULTANT have agreed that those services
listed at page 6-1 of Exhibit "A" attached hereto are "Additional Services," that is, services which
CONSULTANT and OWNER may consider as this engagement progresses
ARTICLE TV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in
force for the period which may reasonably be required for the completion of the Project, including
Additional Services, if any, and any required extensions approved by the OWNER This
Agreement may be sooner terminated in accordance with the provisions hereof Time is of the
essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditiously as possible and to meet the schedule reasonably
established by the OWNER, acting through its Assistant City Manager of Utilities, or his designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
"Subcontract Expense" is defined as those expenses, if any, incurred by
CONSULTANT in the employment of others in outside firms, for services in the area
of professional engineering, or related services Any subcontractor or subconsultant
billing reasonably incurred by the CONSULTANT in connection with the Project shall
be invoiced to OWNER at the actual cost
2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any
S Bop S., PSA L 611 C01, 1A 1B tlm Page 2 of 10
out-of-pocket expense reasonably incurred by the CONSULTANT in the performance
of this Agreement, for long distance telephone charges, telecopy charges, messenger
services, printing and reproduction expenses, out-of-pocket expenses for purchased
computer time, prudently incurred travel expenses related to the work on the Project,
and similar incidental expenses incurred in connection with the Project
B BILLING AND PAYMENT
For and in consideration of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the Basic Services tasks set forth in the Scope of Services as shown in Article H above, as
follows
1 CONSULTANT shall perform its work on this Project in accordance with the
provisions and the five (5) tasks more particularly set forth on pages 2-1 through 2-7
inclusive, of Exhibit "A' attached hereto and incorporated herewith by reference
CONSULTANT shall perform the said professional services substantially in accordance with
the "Project Schedule" set forth on page 4-1 of Exhibit "A" CONSULTANT shall be paid
for services rendered pursuant to the Agreement on the basis set forth in the "Project Budget"
set forth on page 7-1 of Exlubit "A" billed monthly CONSULTANT shall bill from time
sheets, at the hourly rates provided for in the "Project Budget" OWNER agrees to pay to
CONSULTANT for its professional services performed, and for its out -of pocket expenses
incurred in the Project, a total amount not to exceed $ 119,715 00
2 Partial payments to the CONSULTANT will be made monthly in accordance with the
statements reflecting the actual completion of the Basic Services, rendered to and approved
by the OWNER through its Assistant City Manager for Utilities or his designee However,
under no circumstances shall any monthly statement for services exceed the value of the
work performed at the time a statement is rendered The OWNER may withhold the final ten
(10%) percent of the above not -to -exceed amount until satisfactory completion of the Project
by the CONSULTANT
3 Nothing contained in this Article shall require the OWNER to pay for any work which
is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or lus
designee, or which is not submitted by CONSULTANT to the OWNER in compliance with
the terms of this Agreement The OWNER shall not be required to make any payments to
the CONSULTANT at any tune when the CONSULTANT is in default under this
Agreement
4 It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed
amount as stated heremabove, without first having obtained the prior written authorization
from the OWNER CONSULTANT shall not proceed to perform any services to be later
provided for under Article III "Additional Services" without first obtaining prior written
authorization from the OWNER
C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER
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in Article III heremabove, CONSULTANT shall be paid based on a to -be -agreed -upon
Schedule of Charges Payments for additional services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with Article V B
heremabove Statements for Basic Services and any additional services shall be submitted to
OWNER no more frequently than once monthly
D PAYMENT If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of the CONSULTANT'S
undisputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in
addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under this Agreement until the CONSULTANT has been paid in
full for all amounts then due and owing, and not disputed by OWNER, for services, expenses
and charges Provided, however, nothing herein shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth herein, if the OWNER reasonably
determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V
B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing
ARTTCIE VT
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants
ARTTLE.. VTT
OWNERSHIP OF DOCUMENTS
All documents prepared or fimmshed by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement The
CONSULTANT is entitled to retain copies of all such documents The documents prepared and
fiumshed by the CONSULTANT are intended only to be applicable to tlus project and OWNER's
use of these documents in other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relatmg to their use in that project
ARTICLE VTTT
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or claim any right ansmg from
employee status
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ARTTCT.F. TX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, claims,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including without limitation damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of this Agreement
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate
Carvers of at least an "A-" or above
A Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with property
damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate
B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage limits for not
less than $100,000 for each accident
C Worker's Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $100,000 for each accident
D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate
E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's
request to evidence such coverages The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent that is legally possible, and shall contain a
provision that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, deliver copies of any
such substitute policies, furnishing at least the same policy limits and coverage, to OWNER
S10. CooammMCooYdelAU018MCCN 6nSr Eva nA L.M1 CNh 2A fBtl Page 5 of 10
ARTICLE.. XT
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as mediation No arbitration or
alternate dispute resolution ansing out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval
A Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty- (30) days advance written notice to the other party
B This Agreement may also be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement No such temunation will
be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure, and (2) an opportunity for consultation with the terminating party prior to
termination
C If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNER within
twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance with Article
V of tlus Agreement Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant CONSULTANT shall turn over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for its files
ARTICLE XTTT
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsibility by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants
S1Off nmwMCbnlni�MWNHOVSMMA L"HIIC@11.2M20E Page 6 of 10
F-1104 C9: 'a
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All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in
the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein
�K•�Yi��l���II�'
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EMCON City of Denton, Texas
Jeffrey P Young, Regional Engineering Manager c/o Michael W Jez, City Manager
5701 East Loop 820 South 215 East McKinney
Fort Worth, Texas 76119 Denton, Texas 76201
Fax (817)478-8874 Fax (940)349-8120
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first
occur
ARTICLE XV
ENTIRE AGREEMENT
Tlus Agreement consisting of ten (140) pages and one (1) Exhibit constitutes the complete
and final expression of the Agreement of the parties and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, understandings, and
agreements which may have been made in connection with the subject matter of tlus Agreement
ARTICLE XVT
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTICLE XVTT
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
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ARTICLE XVTTT
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national ongm or ancestry, age, or
physical handicap
A CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall munediately inform the OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may discover, or which may anse during
the term of this Agreement
B All services required hereunder will be performed by CONSULTANT or under its direct
supervision All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services
ARTICLE. XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of
its name as well as of any significant change in its corporate structure or in its operations
I•I1 •. M
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding ansmg between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed The parties further agree that the provisions of this Article will not be waived unless as
herein set forth
ARTICLE. XXTT
MISCELLANEOUS
A The following exhibit is attached to, incorporated within, and is made a part of this
Agreement for all purposes pertinent
Exhibit "A" — "Scope of Work and Cost Estimate for Construction Phase Services, Phase 2 Liner
Constriction, City of Denton "
3IOur Bo[ummiAC4nVa[BNNBMCON Bop, S. PSA L[ MG11.2A 3BA. Page 8 of 10
B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relatmg to this Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities and
shall be provided adequate and appropriate working space in order to conduct examinations
or audits in compliance with this Article OWNER shall give CONSULTANT reasonable
advance notice of all intended examinations or audits
C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas
D For purposes of this Agreement, the parties agree that the key persons who will perform most
of the work under this Agreement shall be Jeffery Young, P E , David R Fnels, P E , and
Guy Campbell This Agreement has been entered into with the understanding that the three
(3) above -stated employees of CONSULTANT shall perform all or a significant portion of
the work on the Project Any proposed changes regarding change of personnel, requested by
CONSULTANT, respecting one or more of the three (3) above -stated employees, shall be
subject to the approval of the OWNER, which approval the OWNER shall not unreasonably
withhold Nothing herein shall limit CONSULTANT from using other qualified and
competent members of its firm to perform the other incidental services required herein, under
its supervision or control
E CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work mvolved is properly coordinated with related work being
carved on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to
it by OWNER without the need for further inquiry or investigation into such information
G The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly authorized City Manager, and CONSULTANT
has ex�cuted this At_ by and ugh its duly authorized undersigned officer on this the
day ofP 2000
Page 9 of 10
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By I" a
"CITY"
CITY OF DENTON, TEXAS
By
Michael W J z, City er
"CONSULTANT"
EMCON
A Texas Corporation
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EXHIBIT A
SCOPE OF WORK AND COST ESTIMATE
FOR
CONSTRUCTION PHASE SERVICES
PHASE 2 LINER CONSTRUCTION
CITY OF DENTON LANDFILL
DENTON COUNTY, TEXAS
Prepared for
City of Denton
June 2000
Prepared by
EMCON
5701 East Loop 820 South
Fort Worth, Texas 76119
817/478-8254
Project 803321
CONTENTS
1 INTRODUCTION
1-1
11 General
1-1
2 SCOPE OF SERVICES
2-1
21 General
2-1
22 Task 1 - Field Observation
2-2
23 Task 2 - Laboratory Testing
2-5
24 Task 3 - Site Visits and Coordination
2-6
25 Task 4 - Certification Reports
2-7
26 Task 5 - Construction Phase Engineering
2-7
3 PROJECT ORGANIZATION
3-1
3 1 Organization and Staffing
3-1
4 PROJECTED SCHEDULE
4-1
5 PROPOSAL ASSUMPTIONS
5-1
6 ADDITIONAL SERVICES
6-1
7 ESTIMATED BUDGET
7-1
APPENDIX A
Cost Estimate for 9-Acre Cell
Cost Estimate for 13-Acre Cell
Schedule of Fees
APPENDIX B
Construction Materials Testing
APPENDIX C
Project Organization
APPENDIX D
Resumes
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803321 11 Rev 1 6/9/00
1 INTRODUCTION
1 1 General
This proposal presents our Scope of Work and Cost Estimate for providing construction
quality assurance (CQA) and construction phase engineering services (construction
management) for the Phase 2 liner construction at the City of Denton's municipal landfill
CQA services include the inspection, testing, and reporting necessary to document the
liner construction to the TNRCC Construction phase engineering services include those
activities associated with managing the contractor and the contract during construction
It is our understanding that the project will consist of 13 acres of composite liner
Construction of a lined cell includes from the bottom up
• Liner subgrade
• Compacted clay liner (CCL) - 2 feet thick
• Geomembrane liner (GM) - 60-mil HDPE, textured on the sidewall
• Geocomposite drainage layer - single sided on the bottom and double sided on
the sidewall
• Leachate collection system including pipe, aggregate, and geotextile
• Protective cover material - 2-foot minimum thickness
The project will also include a detention pond and an extension of the perimeter road
The perimeter road will be approximately 3,500 linear feet and requires about 15,000
cubic yard of fill The south detention pond will have a surface area of about 2 acres, an
excavation of approximately 20,000 cubic yards, and will have an embankment of
approximately 5,000 cubic yards It is assumed that construction of the perimeter road
and detention pond will be on going during liner construction and will not significantly
impact the construction schedule or monitoring requirements
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803321 1-1 Rev 1 6/9/00
2 SCOPE OF SERVICES
21 General
The following outlines our understanding of the scope of work for the Phase 2, Cell 2A
construction quality assurance and construction phase engineering services
• Participate in the pre -construction and progress meetings with the owner,
contractor, and surveyor
• Perform pre -construction sampling and testing of materials used during
construction in accordance with the Soils and Liner Quality Control Plan
(SLQCP), the Texas Natural Resource Conservation Commission's (TNRCC)
Municipal solid Waste Division Liner Construction and Testing Handbook,
dated July 1, 1994, and the plans and specifications for the project
• Perform field testing on each of the different constructed elements and verify
conformance with project plans and the SLQCP
• Monitor and provide documentation of construction procedures during
construction of the liner
• Collect samples and perform laboratory testing as outlined in the SLQCP and
the specifications
• Prepare daily records of work in progress, test results, and observations
• Prepare Soils and Geomembrane Liner Evaluation Reports (SLER and GLER)
• Assist the City in awarding the construction contract
• Conduct pre -construction and periodic construction progress meetings
• Assist the City in administration of the construction contract
• Provide the contact for the contractor to request information
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803321 2-1
EMCON
Rev 1 6/9/00
It is proposed to provide these services through five tasks Tasks 1 through 4 will include
yin the CQA services, and Task 5 will include the construction management services It
should be recognized that there would be some overlap of CQA and management duties
that will result in efficiencies of time and effort It is anticipated that a staff engineer who
will be on site 3 days per week during liner construction will provide construction
management The staff engineer will be able to assist the CQA monitor with construction
observations, thereby eliminating some of the days a second monitor would be required
Additionally, it is expected that the professional of record will not be required to spend as
much time on site
2 2 Task 1 - Field Observation
Field Observation
This task includes all labor and expenses associated with providing full-time field CQA
services for cell construction as required by the permit, the SLQCP, and specifications
Prior to commencement of construction, the EMCON CQA personnel will meet at the
project site with representatives of the owner and the contractor(s) to review and
coordinate project schedules The roles and responsibilities of each party, lines of
communication, and documentation review procedures, as well as any other significant
issues will be discussed and agreed upon
Subgrade Construction Observations
EMCON will observe the quality of the subgrade of the landfill cell and any structural fill
that may be required to achieve the required subgrade elevations In -place density tests
and proof -rolling will be used to determine subgrade density and uniformity Observed
deficiencies will be identified for remedial work
Compacted Clay Liner Monitoring
The following monitoring and testing activities will be provided on a full-time basis by
experienced personnel during construction of the clay liner The number of soil tests
proposed for the clay liner is shown in Appendix B
• Perform field moisture/density tests on each lift as the clay liner is constructed
Test will be performed using the nuclear moisture/density gauge
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• Obtain thin wall tube samples for hydraulic conductivity testing on each lift of
clay liner
• Perform Atterberg limits and percent passing No 200 sieve in conjunction with
the hydraulic conductivity samples
• Monitor, test, and document clay liner construction procedures for compliance
with the TNRCC Linei Construction and Testing Handbook (July 1994) and the
SLQCP
• Cooperate with the owner's surveyor in order to achieve the necessary horizontal
and vertical control and record drawings The surveyor should provide a liner
thickness drawing with as -built coordinates for the liner Survey documentation
should include elevations at a minimum of one grid point per 5,000 square feet
for thickness measurements and sufficient points to define the liner perimeter
The as -built drawing should indicate the subgrade elevation and top of liner
elevation and liner thickness for each of the points Additionally, coordinates
for the limits of the liner and future tie-in area should be provided
Soils testing will be performed in EMCON's geotechnical laboratory in Fort Worth,
Texas, as discussed under the Conformance Testing Section
Geomembrane Liner Construction Observations
Prior to construction, the geomembrane (GM) manufacturer will submit to EMCON the
quality control certificates for the material to be installed at the facility These
certificates will be reviewed by EMCON's CQA monitor to verify that a certificate has
been received for all GM rolls on site
The CQA monitor will observe all materials for defects and damage Rejection of
materials will be at the discretion of EMCON Small defects will be repaired by the
geosynthetics installer EMCON will check and verify that materials are stored in a place
that will prevent damage from weather fuels, or other contaminants
The CQA monitor will inventory the geosynthetics materials delivered to the site This
inventory will consist of roll number, batch/lot number, width and length of roll, and
whether or not the manufacturer's quality control certificate for the roll has been
received The CQA monitor will obtain samples of all geosynthetics for conformance
testing
Immediately after placement of geomembrane panels by the installer, the CQA monitor
will inspect and record each panel to detect any defect or damage caused by installation
operation or uplift by wind Rejection of panels or portions of panels will be at the
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discretion of the CQA monitor Rejected panels or portions of panels will be marked and
removed from the working area and stored in an area separate from the material being
used for construction of this cell
Prior to field seaming of panels, each seeming apparatus/operator will have a
qualification test to verify that seaming conditions are adequate The installer will
perform these tests on scrap pieces of geomembrane at the beginning of the seaming
period for each seaming apparatus used in accordance with the requirements of the
specifications
Pre -weld qualification test reports will include date, welding technician initials, seaming
apparatus number and temperature, apparatus seaming speed, and test results These tests
will be observed and recorded by CQA personnel
EMCON will record all seaming activities including (1) observing that seams have
proper overlap, (2) verifying that the areas to be seamed are clean and free of debris,
(3) the date, (4) machine number and temperature, and (5) seam number This record
will also reflect the test date, the location, and number of any destructive samples
Defects, patches, and air pressure test locations will be assigned a number that will be
marked on the geomembrane for location purposes This log will also reflect the test and
repair dates, along with a comment identifying the type of defect and its location
EMCON will record daily activities, which shall include but are not limited to
• Daily observations of GM installation activities and recording of defects during
transportation and handling
• Observation and documentation of anchor trench excavation, backfilling, and
compaction
• Observations and documentation of seams around appurtenances, and
connections to appurtenances
The Owner's project surveyor will be responsible for providing as -built survey
documentation Coordinates and elevations should be provided for each liner perimeter
point EMCON will coordinate and review the as -built documentation If the surveyor is
preparing an as -built panel drawing, EMCON will provide panel numbers and destructive
seam test numbers
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Leachate Collection System and Protective Cover Construction Observations
Rolls of geotextiles, geocomposites or geonets, and samples of aggregate delivered to the
site will be verified for conformance with the project specifications EMCON will
document materials, confirmation test data, roll tags or packing lists, and other pertinent
data Samples of coarse aggregate will be collected for gradation analyses and carbonate
content evaluation
The pipe installation and connections will be observed by EMCON for general
conformance with the plans The manufacturer's technical data and certifications will be
collected for the project records
EMCON will examine the protective cover soil and note the placement of the protective
cover for any conditions or materials which could damage the liner or leachate systems
The owners' surveyor will provide the as -built liner and protective cover documentation
The survey should include at a minimum
• Elevations of the subgrade, top of clay liner, and top of protective cover for the
previously discussed control points
• Calculated thickness for the clay liner and protective cover for each survey point
• Coordinates and elevations for selected points along the LCS pipes
• As -built coordinates for the liner
2 3 Task 2 - Laboratory Testing
Pre -construction Borrow Laboratory Testing
EMCON is in the process of conducting tests of soil samples from an on -site stockpile It
is anticipated that these results will be used for the most part during liner construction
However, it is expected that at least one to two more samples will be obtained during
liner construction Laboratory testing of borrow samples will include Atterberg limits,
minus 200 sieve analysis, standard Proctor moisture/density relationships, and
permeability (hydraulic conductivity) tests This information will be used as the basis for
moisture and density testing during construction of the clay liner The proposed testing
for the clay borrow is identified in Appendix B
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Material Conformance Testing
Material conformance testing will be conducted in accordance with the SLQCP
Conformance testing will be conducted on the soils, geomembrane, and the drainage
aggregate, Soil and drainage aggregate testing will be performed by EMCON in our Fort
Worth geotechnical laboratory Testing of geosynthetics will be conducted in EMCON's
accredited geosynthetic laboratory
Soil test results will generally be available within 3 to 5 days after receipt in the
laboratory Hydraulic conductivity (permeability) testing is given top priority and those
results can generally be available within 3 days Geosynthetic conformance tests
normally take 3 to 4 days Geomembrane peel and shear seam test results will faxed to
the site (and geotechnical professional) within 24 hours of receipt in the laboratory
Priority samples, including hydraulic conductivity and seam test samples, will be shipped
for priority overnight delivery to the laboratory the day sampled
Conformance testing quantities for the HDPE were based on an installed area of
approximately 13 acres Based on these quantities, 6 sets of conformance tests will be
required This quantity of conformance testing is based on the area of the geomembrane
and does not take into account the number of material lots If the material is produced
from more than six raw material lots, additional conformance testing will be required
Peel and shear tests (i e , destructive tests) will be conducted on GM seam samples during
installation Peel and shear test quantities are based on the cumulative length of seams
For estimating purposes, it was assumed that the panels would be 22 5 feet wide and that
the panel layout would be simple and straightforward If there are more than one or two
seam failures or if the panel layout is complicated, additional seam testing may be
required
2 4 Task 3 - Site Visits and Coordination
The engineer of record (certifying engineer) will visit the site as necessary to observe
liner quality assurance testing and construction activities Based on guidance from
TNRCC regarding certification reports, it is anticipated that site visits will be conducted
initially to observe the subgrade (and attend a pre -construction meeting), one to two times
each week during liner construction, and after completion to observe the protective cover
Coordination includes the time and costs associated with the following
• Coordination with field personnel
• Communication with the Owner
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• Coordination of laboratory assignments and review of laboratory testing
• Completion of periodic CQA project updates and minutes of meetings
2.5 Task 4 - Certification Reports
EMCON will prepare the Soils Liner Evaluation Report (SLER) and the Geomembrane
Liner Evaluation Report (GLER) The certification reports will contain
• The required TNRCC forms
• A written narrative describing the project, tasks accomplished, and time frames
• Results of tests performed during the CQA program as discussed in this proposal
and the SLQCP
• As -built drawings
• Appendices including daily inspection forms, defect tracking logs, and
supporting test data
The reports will be compiled into a bound document with all drawings folded and bound
or placed in protective envelopes Draft reports will be submitted to the client for review
The final reports will incorporate the Client's review comments and will be signed and
sealed by a professional engineer registered in the State of Texas Five copies of each
certification report will be submitted (three to TNRCC and two to the Client)
The SLER and GLER will be under preparation during the construction phase of the
project This allows EMCON to submit the reports in an expeditious manner shortly after
the completion of construction activities Generally the draft reports may be submitted
within two weeks of completion of the clay liner (protective cover), assuming the survey
documentation is received in a timely manor
2.6 Task 5 - Construction Phase Engineering
EMCON will provide a staff engineer to act as site representative to coordinate
construction issues with the contractor and City He will also coordinate design and
regulatory issues with the appropriate EMCON personnel This task will include overall
project management required during construction It is anticipated that the following
subtasks will be included as part of EMCON's basic services
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• Conduct a pre -construction conference and periodic construction progress
meetings and prepare minutes documenting the meetings
• Review and approval of contractor submittals and communications and prepare
change orders (if required)
• Review of monthly pay requests and reconciliation of quantities
• Final contract closeout, including walk through inspection, preparation of the
punch list, preparation of consent of surety, and review of the final pay request
and submittals
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3 PROJECT ORGANIZATION
3.1 Organization and Staffing
This section describes project organization for the Construction Quality Assurance
Monitoring, Testing, and Certification activities included in the Scope of Services of this
proposal A project organization chart is provided in Appendix C Resumes for key
personnel are provided in Appendix D
A Professional Engineer (registered in Texas) will be assigned as the project
manager/certification engineer and a senior construction quality assurance monitor who
has experience in all aspects of construction monitoring for waste containment facilities
will be dedicated to the project By having this level of experience, EMCON feels that
this project will have a team that will perform the required services outlined in the scope
of work efficiently and effectively The lead CQA monitor will be an experienced
engineering technician or graduate engineer that meets the minimum experience levels
specified in the SLQCP and LCTH Additional quality assurance monitors may also be
assigned to the project as site work dictates
The Certification Engineer (Professional of Record or Geotechnical Professional) will be
David R Friels, P E As the certifying engineer, Mr Friels will be responsible for project
management and preparation of the CQA Reports He will be responsible for site visits,
monitoring field activities, and review of material test data In addition, he will be
responsible for compilation of support information and monitoring the project budget
A staff engineer with on -site construction experience will be assigned as the site
representative He will work under the supervision of EMCON's Project
Manager/Professional of Record
It is expected that this team will be assigned for the full duration of the project or as
otherwise noted If for unforeseen circumstances changes are required, staff with
equivalent qualifications will be assigned to the project with the client's approval
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4 PROJECTED SCHEDULE
The following schedule has been projected from previous experiences with construction
of similar liners Our cost estimate has been based on this schedule and the project
assumptions listed in the following section
ESTIMATED
NUMBER OF DAYS
FOR CQA MONITOR
CQA Monitor
ESTIMATED
ESTIMATED
days estimated
VOLUME
PRODUCTION
for a 13-Acre
DESCRIPTION
OR AREA
(1)
RATE
Cell
Subgrade preparation and
10,500 cy
1,500 — 2,000
5
general fill
cy/day
Compacted Clay Liner
40,000 cy
1,500 — 2,000
22
cy/day
Geomembrane Liner and
566,400 sf
30,000 — 40 000
17 (2)
Geocomposite
sf/day
Leachate collection system
40,000 cy
1,500 — 2,000
21
trench and protective Cover
cy/day
Perimeter road and pond
20,000 cy
3,000 — 4 000
5
cy/day
TOTAL ESTIMATED
70
DAYS FOR CQA MONITOR
Notes (1) Estimated quantity for a 13-acre cell
(2) A second monitor will be required full time during most of the
geomembrane installation
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5 PROPOSAL ASSUMPTIONS
The Scope of Services and costs for Construction Quality Assurance Services presented
in this proposal are based on the following assumptions
• Construction is anticipated to start in July 2000
• Construction requiring a lead CQA monitor will take no longer than 70 days for
13 acres
• The construction manager will be on site 3 days per week during the above
noted construction period The City (or contractor) will provide temporary
office space for the construction manager
• The construction schedule for our CQA monitor is based on 6 work days per
week at approximately 10 hours per day plus travel If beneficial to the project,
the monitor may stay in Denton part of the time, if so, per diem will be charged
rather than travel time
• The certifying engineer will be on -site generally two times per week during
construction He will attend the pre -construction meeting, construction progress
meetings, and also perform a final site visit after completion of protective cover
(as required by TNRCC)
• The duration and test quantities are based on information available at this time
and may be subject to change
• The City of Denton will provide surveying services and as -built survey
drawings
• Five copies of the SLER and GLER will be required (3 for TNRCC and 2 for the
Client)
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6 ADDITIONAL SERVICES
We have developed the preceding scope of work based on our understanding of the
project The following is a list of additional services for the City's current and future
consideration
• Laboratory testing in addition to those services Identified in Basic Services
• Construction Quality Assurance services provided beyond the estimated length
of construction times described in the Schedule
• Construction management duties requiring the engineer site representative on
site more than 3 days per week
• The cost of surveying or survey as -built drawings
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EMCON
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7 ESTIMATED BUDGET
EMCON proposes to perform the services described above on a time and material basis
using fees listed in the standard fee schedule A projected cost estimate has been
developed using the schedules from Section 4, the assumptions provided in Section 5, and
a composite billing rate for each personnel category Project cost estimate work sheets
are provided in Appendix A along with the standard fee schedule The estimated number
of tests is provided in Appendix B
The projected budget for construction phase services for a 13-acre cell is $119,715
Actual charges will be based on the authorized time and tests, however, the fees will not
exceed the initially established budget without the Clty's prior approval and unless our
scope of work is increased The City will be provided with periodic project updates so
that the budget and project progress can be monitored
FWMC \WINDOWS\TEMP\DentonCQAProp DOC\201 00\jw I EMCON
803321 7-1 Rev 1 6/9/00
APPENDIX A
Cost Estimate For 13-Acre Cell
Schedule Of Fees
EMCON Construction Phase Services
Cost Estimate
Denton Landfill
13-Acre Cell
7/ 18/00
Task
Description
Hours
Labor
Direct
Laboratory
Estimated
Expense
Total Cost
1
CQA Monitor
998
$ 46,756
$3,916
$ 50,672
2
Lab Testing
$11,743 08
$ 11,743
3
Site Visit/Coord
210
$ 19,920
$1,080
$ 21,000
4
Report
131
$ 8,852
$200
$ 9,052
5
Construction
Management
404
$ 25,664 1
$1,584 1
$ 27,248
rrEstimated
Total
Cost 1
1,339
$ 75,528
$ 5,196
$ 119,715
The construction manager will be on site 3 days per week (36 days maximum)
Estimated Construction Schedule
Days
General fill and subgrade preparation 5
Clay liner
22
Geomembrane liner and geocomposne 17
LCS trenches, sumps, and protective cover 21
Structural fill for road and embankments 5
70
Dentonl3ac xls 13 Acres
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APPENDIX B
CONSTRUCTION MATERIALS TESTING
APPENDIX B
Material Conformance Testing
Phase 2
City of Denton Landfill
Table 1
Clay Liner Materials
Pre -construction and Borrow Source Testing
Test
Description
Test Standard
(ASTM)*
Test
Frequency
13-Acre Cell
Number of Tests
Atterberg Limits
D 4318
1 / soil type
2
Steve Analysts
D 1140
1 / soil type
2
Hydraulic Conductivity
D 5084
1 / soil type
2
Standard Proctor
D 698
1 / soil type
2
* Unless otherwise noted
ivote i ne oorrow tests presently in progress will be used
Table 2
Structural FIII Testing (Road and Embankment)
Test
Description
Test Standard
(ASTM)*
Test
Frequency
Estimated
Material Quantity
Number of
Tests Required
Atterberg Limns
D 4318
1 / soil type
18 000 to 20,000 cy
I
Sieve Analysis
D 1140
1 / soil type
1
Standard Proctor
D 698
I / soil type
I
Field Moisture/Density
D 2922 & D 3017
1 / 10 000 ft'
105
per lift
'Unless otherwise noted
FW\C \WINDOWS\TEMP\DentonCQAProp D00201 00\jw 1
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Table 3
Compacted Clay Liner (CCL)Testing
Test
Description
Test Standard
(ASTM)*
Test
Frequency
13-Acre Cell
Number of Tests
Atterberg Limits
D 4318
1 / 100,000 ft'-
24
per lift
Steve Analysis (-200)
D 1140
1 / 100,000 ft2
24
per lift
Hydraulic Conductivity
D 5084
1 / 100 000 ft2
24
per lift
Field Density/Moisture
D 2922 & D 3017
1 / 8,000 ft'
284
per Lft
* Unless noted otherwise
Table 4
Drainage Geocomposite
Conformance Testing
Test
Description
Test Standard
(ASTM)'
Estimated
Material Quantity
Test
Frequency
Number of
Tests Required
Geonet - Sp Gravity
D 792/1505
N/A
N/A
N/A
Geonet - Thickness
D 751/5199/1693
Geonet - Carbon Bk Cent
D 1603
Geotextile - Grab
D 3034
Geotextile - AOS
D 4751
Geotextile Unit Wgt
D 3776
* Unless noted otherwise
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\201 00\3w I EMCON
803321 Rev 1 6/9/00
Table 5
HDPE Geomembrane Liner
Conformance Tests
Test
Description
Test Standard
(ASTM)'
Test
Frequency
13-Acre Cell
Number of Tests
Thickness
D 1593
1 / 100 000 sf
6
Density
D 1505
6
Carbon Black Content
D 1603
6
Carbon Black Dispersion
D 3015
6
Tensile Properties
D 638
6
Tear
D1004C
N/A
Puncture
FTMIOIC
N/A
Peel & Shear
D 4437
1 set / �00 linear feet
80
(5 replicates each)
NSF 54 Mod
• Unless noted otherwise
Table 6
Geotextlle For Leachate Collection Trenches
Conformance Testing
Test
Description
Test Standard
(ASTM)'
Estimated
Material Quantity
Test
Frequency
Number of
Tests Required
Geotextile Wide Strip
Standard
N/A
N/A
N/A
Textile or Grab
Mass/Unit Area
D 3776
Puncture
D 4833
Mullen Burst
D 3786
Permittivity
D 4491
ADS
D 4751
" Unless noted otherwise
FW\C \WINDOWS\TEMP\DenlonCQAProp DOC\201 00\jw 1
803321
EMCON
Rev 1 619/00
Table 7
Drainage Aggregate
Conformance Tests
Test
Description
Test Standard
(ASTM)*
Estimated
Material Quantity
Test
Frequency
Number of
Tests Required
Sieve Analysis
D 422 or D 1140
<3,000 cy
1 / 3,000 cy
1
Carbonate Content
D 3402
1
Hydraulic Conductivity
D 2434
1
* Unless noted otherwise
MC \WINDOWS\TEMP\DentonCQAProp DOC\201 00\iw 1
803321
EMCON
Rev 1 6/9/00
APPENDIX C
PROJECT ORGANIZATION
DAVID R FRIELS, PE
Project Manager/Senior Geotechnical Engineer
Mr Friels has more than 28 years experience in the areas of geotechnical and materials
engineering including geosynthetic and soil liners for waste facilities such as landfills and
surface impoundments He has experience of base and cover lining systems, testing programs,
monitoring, and construction quality assurance He has managed construction quality assurance
(CQA) and prepared certification reports for over 10 million square feet of Inver and cover
systems
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
Selected Project Experience
♦ Geotechnical Professional of Record/CQA Manager for 10 acre cell at The City of
Midland Landfill Liner consisted of subgrade preparation, installation of a GCL and
60-mil HDPE, leachate collection and protective cover
♦ Geotechnical Professional engineer of record for a 7 acre liner for the City of Farmers
Branch, Texas The fast track project consisted of 2 feet of clay liner, a 60-mil HDPE
geomembrane liner, leachate collection, and 2 feet of protective cover
♦ Geotechnical Profession of Record/CQA Manager for three separate cell construction
projects totaling over 15 acres at Turkey Creek Landfill in Johnson County, Texas
Cells consisted of composite liners with 2 feet of clay, 60-mil HDPE, drainage
composite, leachate collection and 2' of protective cover
♦ Geotechnical Professional of Record/CQA Manager for composite liners at Plainview
Landfill (GCL/FML), Pampa Landfill (3' recompacted clay), Ellis County Landfill (2'
clay/FML), and Wichita Falls Landfill (FML over in -situ soil liner)
♦ Managed construction phase quality assurance testing and monitoring services for
closure of an 8 5 acre industrial landfill and extension of a floor liner for a Class 1
industrial landfill at Tyler Pipe in Tyler, Texas Prepared a completion report including
test procedures and results, and documentation of compliance with project plans and
specifications
♦ Served as project geotechnical engineer for quality assurance services during
construction of soil and geosynthetic liners for evaporation ponds and hazardous waste
lagoons at Martin Creek Steam Electric Station near Kilgore, Texas
♦ Directed airfield pavement evaluation and new construction for Federal Express,
Memphis, Tennessee Project included evaluations of existing aprons and taxiways,
and construction of modifications, extensions, and new pavements
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\iw i EMCON
DAVID R FRIELS
♦ Managed quality control testing during construction of a new taxiway and apron for
Fort Worth Spinks Airport Reviewed and evaluated field and laboratory test data and
prepared reports
♦ Managed the quality control testing and monitoring during construction of the main
runway, the parallel taxiway, and Taxiway H (serving American Airlines) at Alliance
Airport in Fort Worth, Texas Directed the construction quality assurance (CQA)
monitoring and testing, reviewed and evaluated test data, provided reports, and
participated in progress meetings
♦ Managed quality control testing during construction for Green Oaks Boulevard from
Village Creek to Wilma Lane, Arlington, Texas Reviewed and evaluated field and
laboratory test results of soils, lime -treated subgrade, and concrete pavements
♦ Managed the construction quality control services during Phase II -A, II-B, and 11-C
construction projects at Village Creek Wastewater Treatment Plant in Fort Worth,
Texas
♦ Served as senior engineer for CQA services during installation of the soil cap and
geosynthetic cover system for closure of four landfills at Comanche Peak Steam
Electric Station in Glen Rose, Texas
♦ Directed the geotechnical study and prepared Geotechnical Engineering Report for the
Illinois Central Gulf (ICG) Railroad's relocation in northeast Mississippi The project
consisted of a 1,178-foot bridge over the Tenn/Tom Waterway with a center span of
465 feet in length and 100 feet above the waterway
♦ Managed construction quality assurance services for soil liner placement at solid waste
landfill facilities in Longview, Paris, and Denison, Texas Prepared soil and liner
evaluation reports (SLERs) for submittal to the TNRCC
♦ Directed the field and laboratory testing during construction of the 10-mile ICG
Railroad Track Relocation in Paden, Mississippi Responsibilities included supervision
of pile load testing, analysis, and development of pile driving criteria for the Waterway
Bridge as well as embankment earthwork testing
♦ Prepared landfill gas management plan, designed the perimeter gas monitoring system,
and directed probe installation for landfills in Lamar and Tarrant Counties (Texas)
♦ Project Manager for cell construction and CQA for a 2 acre liner in Parker County,
Texas, consisting of GCL, 60-mil HDPE, and leachate collection system
♦ Project Manager for construction and CQA for a 5 acre Type IV clay liner in Harris
County, Texas
FMC \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\iw I EMCON
DAVID R FR/ELS
♦ Directed geotechnical exploration and testing and prepared the geotechnical
engineering report for an airport taxiway over a major street in Memphis, Tennessee
♦ Directed geotechnical exploration and testing and prepared the geotechnical
engineering reports for various school additions for the Arlington Independent School
District (Arlington, Texas)
♦ Directed geotechnical exploration and testing and prepared the geotechnical
engineering reports for a complex of 5 large commercial buildings in Tarrant County,
Texas
Education / Specialized Training
B S , Civil Engineering, Oklahoma State University
M S , Civil Engineering, Oklahoma State University
Professional Registrations / Affiliations
Registered Professional Engineer, Texas
Registered Professional Engineer, Tennessee, #9228
Registered Professional Engineer, Oklahoma, #13848
Registered Professional Engineer, Louisiana, #21585
Registered Professional Engineer, Arkansas, #4250
American Society of Civil Engineers
Publications / Presentations
"Chemical Stabilization of Cohesionless Oklahoma Soils," Oklahoma State Umversity, April
1971
"Inspectors Manual for Pile Foundations," Co-author as member of Inspection and Testing
Committee of the Deep Foundations Institute, May 1978
"Axial Compression and Uplift Resistance of Steel H-Piles," presented during the Ohio River
Valley Soils Seminar IX, October 1978
"ICGRR/Tennessee - Tombigbee Waterway Bridge Geotechmcal Investigation and Pile Testing,"
presented to the Deep Foundations Institute 5th Annual Meeting, February 1980
"Settlement of Highrise Structures on Shallow Foundations," presented to The American Society
of Civil Engineers Annual Meeting in New Orleans, Louisiana, October 1982
FW\C \WINDOWS\TEMP\DentonCQAProp DOCW04 98\iw I ENICON
WALTER C HUNT
WALTER C HUNT, PE
Senior Project Ma
Mr Hunt's 13 years of professional experience includes a broad range of responsibilities and
projects from operational, environmental, and health and safety management, to solid waste
permitting, construction projects and project management He has been involved in providing
engineering support to numerous facilities including active landfills, gas collection systems,
landfill closures, new disposal sites, medical waste incinerators, transfer stations and refuse
collection operations His project experience includes site studies, geotechnical studies and
design, providing quality assurance and quality control (QA/QC) services on a variety of
engineering projects, landfill design and operations, project management, compliance
management, and environmental monitoring He has also been involved in health and safety
issues related to landfills, transfer stations, and refuse collection operations, and has directly
managed the operations of two landfills
Before joining EMCON, Mr Hunt worked for Waste Management, Inc in various environmental
engineering roles for a several facilities in North Texas While with Waste Management, Mr
Hunt held the position of Director of Environmental Health and Safety for North Texas, as well
as -District Manager for two landfills in North Texas
Selected Project Experience
• Manager of two landfills in Fort Worth, Texas Included the management of operations and
maintenance personnel, management of a variety of construction projects, overseeing
environmental operations of the facilities, as well as financial responsibilities to ensure that
revenues and expenses are within prescribed budgetary goals
• Manager of environmental, health and safety programs within the North Texas Region of
WMI Specific management functions included health and safety, compliance and
environmental engineering for approximately 25 facilities including hauling companies,
disposal facilities, transfer facilities and recycling operations
• Implementation of a variety of standard "region based" environmental programs to help
ensure compliance at facilities in North Texas, as well as the development and
implementation of a region based employee and facility safety incentive program These
programs helped reduce overall costs of environmental programs as well as costs associated
with accidents in the North Texas Region
• Served as project engineer in the successful expansion of a highly contested solid waste
disposal facility This expansion required significant coordination with the permitting agency,
as well as the surrounding local community to expand the permitted acreage from 73 acres to
670 acres, and increased the capacity by over 50 million cubic yards
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\iw 1
E
WALTER C HUNT
• Other consulting projects have ranged from environmental site assessments and site studies, to
foundation recommendations, slope stability analysis, QA/QC services for the construction
industry Experience in providing QC services has included the testing of most construction
materials as well as the day to day management of a materials testing laboratory and the
management of field and laboratory technicians
Education I Specialized Training
Bachelor of Science in Civil Engineering, Texas A&M University, College Station,
Texas, May, 1985
Masters of Engineering in Civil Engineering, University of Texas at Arlington, Arlington,
Texas, May 1991
Professional Registration / Affiliations
Professional Engineer, State of Texas
Member of the National Society of Professional Engineers
Member of the Solid Waste Association of North America
Member of the American Society of Civil Engineers
Publications I Presentations
"Immediate Response to Landfill Gas Migration at Skyline Landfill, Ferris, Texas"
Presented at the 1992 Waste Management, Inc Fall Technology Conference
Instructor - Landfill Gas Management Training Seminar for Texas Natural Resource
Conservation Commission, Texas Engineering Extension Service, September 1993
"The Use of Landfill Gas Extraction Wells as Liquid Extraction Points", presented at the
8T" Annual Municipal Solid Waste Management, - Options for Texas, January 1995
"Initial Leachate Quantity Generation Data Obtained from a Subtitle D Landfill Cell" - A
Joint Study Between Waste Management of Texas and the Texas Natural Resource
Conservation Commission, presented at the 9Ta Annual Municipal Solid Waste
Management, - Options for Texas, December 1995
"Leaclate Quality Data Obtained from Two Subtitle D Landfills in Texas", presented at
the 1996 Fall Texas Section Meeting of the American Society of Civil Engineers,
September 1996, San Antonio, Texas
"Leachate Quantity Generation Data Obtained from a Subtitle D Landfill Cell" - A
Continuation of a Joint Study between Waste Management of Texas, Inc and the Texas
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98yw I E
J
WALTER C HUNT
Natural Resource Conservation Commission, presented at the 10T" Annual Municipal
Solid Waste Management, - Options for Texas, December 1996
"Results of Initial Studies of the Quantity and Quality of Landfill Leachate at a Subtitle D
Facility in Texas" presented at CIVE 6111 Spring Seminar Series at The University of
Houston, March 1997
"Stormwater Runoff at a Subtitle D Landfill - A Case Study", presented at the 1997 Fall
Texas Section Meeting of the American Society of Civil Engineers, October 1997,
Arlington, Texas
"Leachate Recirculation at Subtitle D Facilities, The WMI Texas Perspective", presented
at the 1998 Louisiana Department of Environmental Quality, Office of Waste Services
Conference, March 1998, Lafayette, Louisiana
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\jw 1
E
MARK D LANKFORD
Laboratory Services Manager
NICET Certified
Mr Lankford has over 13 years of experience performing geotechnical laboratory testing
Selected Project Experience
Specific testing expenence includes
♦ Atterberg Limits Tests ♦ pH Tests
♦ Percent Passing No 200 Mesh Sieve ♦ Optimum Lime/Soil and Cement/Soil
Tests
♦ Moisture Content and Unit Dry Weight ♦ Gradations/Hydrometers
♦ Absorption Pressure Swell Tests ♦ Freeze/Thaw Tests on Soil/Cement
♦ Consolidation Tests
♦ Triaxial and Direct Shear Tests
♦ Permeability Tests
♦ Standard, Modified, and Tx -Dot 113-E
Proctor Tests
♦ Unified Soil Classification Determinations
♦ Compressive Strength of Concrete
Cylinders
♦ Soil Box Resistivity ♦ California Bearing Ratio (CBR)
♦ Center and Third Point Flexural Testing ♦ Unconfined Compressive Strength Tests,
Soil and Rock
♦ Specific Gravity Tests
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\yw 1 EMCON
MARK D LANKFORD
Performed geotechntcal laboratory testing for liner projects in Texas
♦
Brazoria County Landfill
♦
Mill Creek Landfill
♦
Turkey Creek Landfill
♦
Angelina County Landfill
♦
Baytown Landfill
♦
Brownsville Landfill
♦
Fort Hood Landfill
♦
C & T Landfill
♦
Kerrville Landfill
♦
CSC Landfill
♦
Arlington Landfill
♦
Denton Landfill
♦
Sunset Farms Landfill
♦
Abilene Regional Landfill
♦
Ellis County Landfill
♦
Plainview Landfill
♦
Itasca Landfill
♦
Pampa Landfill
♦
Pinecrest Landfill
♦
Southwest Landfill
♦
Southeast Landfill
♦
Wichita Falls Landfill
♦
Pinehill Landfill
♦
Iowa Park Landfill
♦
Royal Oaks Landfill
♦
B & B Landfill
♦
Tyler Pipe Industrial Landfill
♦
Lone Star AAP Landfill
♦
Greenwood Farms Landfill
♦
Killeen Landfill
♦
Cleburne Landfill
♦
Pecan Prairie Landfill
Education / Specialized Training
Associate in Arts - Tarrant County Junior College
NICET Certification
Geotechnical Laboratory, Level IV
Geotechmcal Exploration, Level II
Geotechnical Construction, Level II
Geotechnical Generalist Level I1
Troxler Certification
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\7w 1 EMCON
TOMMY V THOMPSON, CET
Senior Engineering Technician
CQA Monitor
Mr Thompson has more than 16 years of experience in construction quality assurance,
observation, and testing He has been the lead quality assurance monitor for the liner
construction of several waste disposal facilities including sites requiring Subtitle D
composite liners Recently he served as the senior CQA monitor for closure of four
landfills at an industrial site in north Texas A composite cover was used on each
landfill
His extensive experience in construction quality assurance also includes soil and concrete
testing and observation on major civil projects such as airport runways, multistory
buildings, and bridges Mr Thompson is certified by the National Institute for
Certification in Engineering Technologies (NICET) as a Level II Engineering Technician
Selected Project Experience
♦ Senior CQA monitor during construction of the 28 acre (1,220,000 sq ft ) cell
at the Brazoria County Landfill, south of Houston, Texas Cell construction
consisted of 2 feet of clay liner, 60-mil HDPE, drainage geocomposite
(geonet/geotexnle), leachate collection (HDPE piping, aggregate, geotextile)
and installation of protective cover
♦ Senior CQA monitor during construction of Subtitle D composite liners for 10
MSW landfills in Texas Duties included testing compaction of the clay liner,
monitoring installation of the HDPE liner, observing and recording results of
seam testing, and monitoring installation of the leachate collection system,
piping, and protective cover
♦ Resident CQA monitor for the closure of four landfills at a nuclear power
generation plant in north Texas Responsibilities included testing and
monitoring of clay cap and geosynthetic liner construction, quality
documentation, and consulting with the project engineer
♦ Provided quality control and testing services during construction of 950,000
square feet of liner at a 643-acre municipal landfill in Arlington, Texas
♦ Served as quality assurance monitor during liner construction at solid waste
landfill sites in San Antonio, Austin, Kerrville, Denton, and Electra, Texas
Tasks included compaction testing, obtaining samples for hydraulic
conductivity testing, and monitoring soil type, lift thickness, and moisture
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\iw I EMCON
TOMMY V THOMPSON
Education I Specialized Training
Certified by Troxler Electronic Laboratories for use of the nuclear density device
American Concrete Institute (ACI) course on Concrete Testing and Basic Concrete
Technology
40-hour OSHA Course
NICET Level II in Construction Materials Testing - Soils
NICET Level II in Geosynthetic Materials Installation Inspection
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\Iw I
EMCON
JASSON LONGORIA
CQA Monitor/Field Technician
Jasson Longoria provides construction monitoring, testing, and documentation for landfill
construction projects involving soil and geosynthetic liners His experience over the past
6 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,
development of auto -cad drawings, 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 construction quality assurance also includes landfill gas extraction
systems, observation of backfill placement, direction of and documentation of the
drilling During the previous six (6) years he has worked on the following projects
Selected Project Experience
♦ Senior CQA monitor during installation of the 60-mil HDPE liner at Waste
Management's Westside Landfill in Aledo, Texas
♦ Senior CQA monitor during installation of the 60-mil HDPE liner at Waste
Management's Skyline Landfill in Ferris, Texas
♦ Senior CQA monitor during construction of the compacted clay liner for the 20-
acre cap at the TRA Landfill in Dallas County, Texas
♦ Resident CQA Manager for the 30 acre closure at Fort Hood landfill in Coryell
County (Killeen, Texas), which included a GCL and 40-mil LLDPE composite
♦ Senior CQA monitor during construction of the 1,440,000-sq ft GCL/FML
composite cap at C & T Landfill in Hidalgo County, Texas
♦ Senior CQA technician during construction of the 300,000 sq ft composite
liner at the LaSalle Parish Landfill, near Alexandria, La
♦ Quality Control Manager/Supervisor during installation of 2,400,000 square
feet of 80 mil and 60 mil geomembrane, geonet and geotextile at the Grassy
Mountain, Cell No 7 Landfill in Clive, Utah
♦ Quality Control Manager for 216,000 sq ft of 60-mil HDPE liner in Cell 108
at the Altair Landfill in Altair, Texas
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\iw I EMCON
JASSON LONGORIA
µ ♦ Provided quality control monitoring and testing during installation of 450,000
sq ft of 60-mil HDPE Inver for the Cell 13 Closure at the Lone Mountain
Landfill in Waynoka, Oklahoma
♦ Quality Control Manager during construction of the 3,465,000 sq ft 40-mil
LLDPE liner at the Booker Fowler Fish Hatchery in Woodworth, Louisiana
♦ Quality Control Manager for construction of the 6,500,000 sq ft 60-mil HDPE
bottom liner at the USAC Gypsum Plant in Ft Meade, Florida
♦ Quality Control Manager for construction of the 650,000 sq ft 60 mil/80 mil
liner in Cells IA and 1B, and construction of a 188,000 sq ft evaporation pond
at Echo Mountain Landfill in Sawyer, North Dakota
♦ QA/QC for the I-95 landfill closure which involved 2,500,000 sq ft of 40-mil
LLDT geomembrane, Lorton, Virginia
♦ Quality Control Manager/Supervisor during construction of the 750,000 sq ft
60-mil ECDC Cell No l0A in East Carbon, Utah
♦ QA/QC for the Pinewood Landfill III-B Extension, involving an 80-mil HDPE
membrane and drainage geocomposite on 650,000 sq ft, in Pinewood, South
Carolina
Education / Specialized Training
Mountain View College, Dallas, Texas -1996-current, studying Computer Science
Certified by Troxler Electronic Laboratories for use of the nuclear density device
OSHA 40-hour HAZWOPR training
FW\C \WINDOWS\TEMP\DentonCQAProp DOON04 98\Iw I EMCON
WALTER C HUNT, PE
Senior Project Manager
Mr Hunt's 13 years of professional experience includes a broad range of responsibilities and
projects from operational, environmental, and health and safety management, to solid waste
permitting, construction projects and project management He has been involved in providing
engineering support to numerous facilities including active landfills, gas collection systems,
landfill closures, new disposal sites, medical waste incinerators, transfer stations and refuse
collection operations His project experience includes site studies, geotechnical studies and
design, providing quality assurance and quality control (QA/QC) services on a variety of
engineering projects, landfill design and operations, project management, compliance
management, and environmental monitoring He has also been involved in health and safety
issues related to landfills, transfer stations, and refuse collection operations, and has directly
managed the operations of two landfills
Before joining EMCON, Mr Hunt worked for Waste Management, Inc in various environmental
engineering roles for a several facilities in North Texas While with Waste Management, Mr
Hunt held the position of Director of Environmental Health and Safety for North Texas, as well
as -District Manager for two landfills in North Texas
Selected Project Experience
• Manager of two landfills in Fort Worth, Texas Included the management of operations and
maintenance personnel, management of a variety of construction projects, overseeing
environmental operations of the facilities, as well as financial responsibilities to ensure that
revenues and expenses are within prescribed budgetary goals
• Manager of environmental, health and safety programs within the North Texas Region of
WMI Specific management functions included health and safety, compliance and
environmental engineering for approximately 25 facilities including hauling companies,
disposal facilities, transfer facilities and recycling operations
• Implementation of a variety of standard "region based" environmental programs to help
ensure compliance at facilities in North Texas, as well as the development and
implementation of a region based employee and facility safety incentive program These
programs helped reduce overall costs of environmental programs as well as costs associated
with accidents in the North Texas Region
• Served as project engineer in the successful expansion of a highly contested solid waste
disposal facility This expansion required significant coordination with the permitting agency,
as well as the surrounding local community to expand the permitted acreage from 73 acres to
670 acres, and increased the capacity by over 50 million cubic yards
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\NO4-98\iw I EMCON
1 WAITER C HUNT
• Other consulting projects have ranged from environmental site assessments and site studies, to
foundation recommendations, slope stability analysis, QA/QC services for the construction
industry Experience in providing QC services has included the testing of most construction
materials as well as the day to day management of a materials testing laboratory and the
management of field and laboratory technicians
Education / Specialized Training
Bachelor of Science in Civil Engineering, Texas A&M University, College Station,
Texas, May, 1985
Masters of Engineering in Civil Engineering, University of Texas at Arlington, Arlington,
Texas, May 1991
Professional Registration / Affiliations
Professional Engineer, State of Texas
Member of the National Society of Professional Engineers
Member of the Solid Waste Association of North America
Member of the American Society of Civil Engineers
Publications / Presentations
"Immediate Response to Landfill Gas Migration at Skyline Landfill, Ferris, Texas"
Presented at the 1992 Waste Management, Inc Fall Technology Conference
Instructor - Landfill Gas Management Training Seminar for Texas Natural Resource
Conservation Commission, Texas Engineering Extension Service, September 1991
"The Use of Landfill Gas Extraction Wells as Liquid Extraction Points", presented at the
8TH Annual Municipal Solid Waste Management, - Options for Texas, January 1995
"Initial Leachate Quantity Generation Data Obtained from a Subtitle D Landfill Cell" - A
Joint Study Between Waste Management of Texas and the Texas Natural Resource
Conservation Commission, presented at the 9Ta Annual Municipal Solid Waste
Management, - Options for Texas, December 1995
"Leachate Quality Data Obtained from Two Subtitle D Landfills in Texas", presented at
the 1996 Fall Texas Section Meeting of the American Society of Civil Engineers,
September 1996, San Antonio, Texas
WALTER C HUNT
"Leachate Quantity Generation Data Obtained from a Subtitle D Landfill Cell" - A
Continuation of a Joint Study between Waste Management of Texas, Inc and the Texas
Natural Resource Conservation Commission, presented at the 10T" Annual Municipal
Solid Waste Management, - Options for Texas, December 1996
"Results of Initial Studies of the Quantity and Quality of Landfill Leachate at a Subtitle D
Facility in Texas" presented at CIVE 6111 Spring Seminar Series at The University of
Houston, March 1997
"Stormwater Runoff at a Subtitle D Landfill - A Case Study", presented at the 1997 Fall
Texas Section Meeting of the American Society of Civil Engineers, October 1997,
Arlington, Texas
"Leachate Recirculation at Subtitle D Facilities, The WMI Texas Perspective", presented
at the 1998 Louisiana Department of Environmental Quality, Office of Waste Services
Conference, March 1998, Lafayette, Louisiana
ORDINANCE NO tg6l fy
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES
AGREEMENT WITH EMCON FOR COMPLETION OF CONSTRUCTION QUALITY
ASSURANCE AND CONSTRUCTION MANAGEMENT TASKS FOR CITY OF DENTON
LANDFILL CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the public interest to continue to engage the
firm of EMCON, an operating subsidiary of the IT Group, a Corporation ("EMCON'), , to
provide professional construction quality assurance and construction management tasks for the
construction of City of Denton Landfill Cells 2A and 2B, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for completion of the above-descnbed professional services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price,
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the First Amended
Professional Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute a First Amended
Professional Services Agreement with EMCON, of Fort Worth, Texas, for professional
construction quality assurance and construction management tasks for the construction of City of
Denton Landfill Cells 2A and 2B, in substantially the form of the First Amended Professional
Services Agreement attached hereto and incorporated herewith by reference
SSECTION 2 That the award of this First Amended Agreement by the City is on the
basis of the continued demonstrated competence, knowledge, and qualifications of EMCON and
the ability of EMCON to perform the professional services needed by the City for a fair and
reasonable price
SECTION 3 That the expenditure of funds as provided in the attached First Amended
Professional Services Agreement is hereby authorized
SECTION 4 That this ordmance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the / day of 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\0rdmances\01\EMC0N Fist Amended PSA and doe
THE STATE OF TEXAS )
COUNTY OF DENTON )
FIRST AMENDED
AGREEMENT FOR PROFESSIONAL SERVICES
THIS FIRST AMENDMENT to that certain Professional Services Agreement,
executed September 26, 2000, heretofore entered into by and between the City of Denton,
Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street,
Denton, Texas 76201 (hereafter referred to as "CITY"), and the firm of EMCON (an
operating subsidiary of the IT Group), with its offices at 5701 East Loop 820 South, Fort
Worth, Texas 76119 (hereafter referred to as "EMCON"), acting herein by and through
their respective duly authorized signatories, and
NOW THEREFORE, the City of Denton, Texas and the firm of EMCON
(hereafter collectively referred to as the "PARTIES"), in consideration of their mutual
promises and covenants, as well as for other good and valuable considerations, do hereby
AGREE to the following amendments to the terms and conditions of the Professional
Services Agreement (hereafter the "Agreement") previously approved by the City
Council, to wit
I
That those "Additional Services" set forth in the Memorandum from David R
Friels, P E of EMCON to P S Arora, P E of the CITY, dated April 11, 2001, marked
and attached as Exhibit I hereto, shall also be performed by EMCON, as provided by and
in accordance with Article III of the Agreement and the other Articles of the Agreement
II
That the provisions of the last sentence of Section V B 1 of the Agreement shall instead
read an additional $48,285 00 of compensation payable by the CITY to EMCON, as
follows
"OWNER agrees to pay to CONSULTANT for its professional services
performed, and for its out-of-pocket expenses incurred in the Project, a total
amount not to exceed $168,000 "
III
The PARTIES agree, that except as specifically provided for by this First
Amended Agreement for Professional Services, that all of the terms, covenants,
conditions, agreements, rights, responsibilities, and obligations of the PARTIES set forth
in the Agreement, shall remain in full force and effect
IN WITNESS WHEREOF, the City of Denton, Texas and the firm of EMCON
have executed this First Amended Agreement for Professional Services, in (4) original
counterparts, by d through their respective duly authorized representatives and officers
on this the L- day of , 2001
"CITY"
ATTEST
JENNIFER WALTERS, CITY SECRETARY
B / 2%
Y
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By -W
ATTEST
i
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By
Howard Marti
Interim City Manager
` EMCON'
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