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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-- S \Our Docurgents\Ordinances\00\EMCON PSA - Landfill 2A+2B Ord doc 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, St vrW"M=uMnnu,mtlOP MNEWswrPSA L 611Ce11.2A2ES Page 1 of 10 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 S burl umenWb nwoYWPffi MN Eon Svc, FM L dflll Celle 2A3EG Page 3 of 10 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 StourU umm�mputl\PN%MMNUVSwIPSA umm1C,1k2W9dN Page 4 of 10 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 • •: 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�' Iffe O M/621:1.7 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 9\Our OmnmenM\ n�MMNEWS,anA L MICIK12 ]MEw Page 7 of 10 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 S0- Bop Sv PSA L ffli U1, 3A SB Src Page 10 of 10 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 FW\C \WINDOWS\TEMP\DentonCQAProp D00201-00\p I EMCON 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 FW\C \WMDOWS\TEMP\DentonCQAProp DOC\201-00\iw I EMCON 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 FW\C \WINDOWS\TEMP\DentonCQAProp DOC\201 00\iw 1 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 FW\C \WINDOWS\TEMP\DentonCQAProp D00201 00\iw 1 803321 2-2 EMCON Rev 1 6/9/00 • 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 FMC \WINDOWS\TEMP\DentonCQAProp D00201 00\iw I EMCON 803321 2-1 Rev 1 6/9/00 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 FW\C \WndDOWS\TEMP\DentonCQAProp DOC401 00\iw I EMCON 803321 2-4 Rev 16/9/00 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 FW\C\WINDOWS\TEMP\DentonCQAProp DOC\20100\iw 1 803321 2-5 EMCON Rev 1 6/9/00 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 FW\C \WINDOWS\TEMP\DentonCQAProp D00201 00\iw 1 803321 2-6 EMCON Rev 1 6/9/00 • 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 FW\C \WINDOWS\TEMP\DentonCQAProp DOC\201 00\iw l 803321 2-% EMCON Rev 1 6/9/00 • 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 FW\C \W[NDOWS\TEMP\DentonCQAProp DOC\201-00\iw 1 803321 Z-8 EMCON Rev 1 6/9/00 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 FW\C \WINDOWS\TEMP\DentonCQAProp DOC\201 00\iw I EMCON 803321 3-1 Rev 1 6/9/00 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 FW\C \WINDOWS\TEMP\DentonCQAProp DOC\201 00\iw 1 803321 4-1 EMCON Rev 1 6/9/00 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) FW\C \WINDOWS\TEMP\DentOnCQAProp D00201 00\iw 1 903321 5-1 EMCON Rev 1 6/9/00 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 FWNC \WINDOWS\TEMP\DentonCQAProp DOC1201 00\jw 1 803321 f_1 EMCON Rev 1 6/9/00 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 O O N m O O O OO (D M ' ' O (0 T0 O M N(D �- (D N N (q nN O (O V y M NN O o) qi�cco (»mw WWo Lo VV' o NN , o+ ~ r N O z V m LO m Im 2 co (D V N 0 N N Y Q G (O A C F j CD V O O c W D M V 2 co (0 N CD W c (D 0000 z N0 N O .- W O f9 Y c a U ~ � IM� m �_ O Z S � "a O z O O a O O 0) z O O O co O F F- O N 0) O O O M Z M tR N ' o N LUct O o O l00 (OO H 00 = ( j M W ~ H M ^ Cl) Pi N 4¢ U o N o n Y g Z < uj a F 0hc O U) U) es (A w F Z z y ° z Z F- O O CN V O (D 00 (D (O I- O (D O O O 07 N O z 00n V1 (no H O O (O O O M M O W j d Y a U) ti w C e» va <» ~ m F m O cc}} N N co N O O co N O O O V 00 D) 0) Z co S � (J 00 000 00 0 O iO m O N (0 O O Z W 0 0 0 00 a 0 0 Cl) V N O M M J N J V V (O V (OO V N Q N O _N 0 LU N 1- w coi d rn m (D r= c F- (ci g O CU o c fn y ~ O c W O � N N a5 m E' V �� a"i o o �- m c� w o a -o w p o c`o N 0 a m c y c a p U c s O d g w (n CaUi ° W 3 E z X W )2 (D a � (D°��oa`y �� v asp FQ- pur¢ mo(o om Fa- w� o� o aE0 Fa- 0 aaU�(j W U�Ci �a MCE - U. O O N >+ m 2 � t r i � 69 69 fig 69 �� Vi i9 69 HI 69 69 Y fi9 69 69 (y9 69 � 69 Yi 69 3�Y fA fq f9 69 O ^ V N � Z ra 1� 7 7 et 7 7 V - e 4. U U V U yigNY Y O O O O O O O O pp O is v M M R v p M O O y {+ 0 0 O O O op * 0 04 o N U V oa oo d' — — N oo � V .-• N � V oo O 0 n a$ V) fn N VI Q V1 VI V1 (n U7 Q Q Q Q Q Q Q Q Q Q Q < Q Q Q Q 2 N Q Q v a R O R O y R R O v N — G R G R 2 2 � G R u �.n V E° °« E •.0 0 G o�;a o° oaUU 3 U y„� yy„� N C tJ raj N N - C U N U is U T C fN N A L 9 (A N Q— L N 00 L A (� In C 3 ❑ C -am y� d a U Q rn 2 v (7 Q n. z= U C7 Q v> z u. U u U T V v, 2 c V ° v O U C O � O AT O O N a m 2 M N M — A� i 69 fA (A 69 fA ^ x H V3 fq W x f.9 fq fq iH (R FR 69 V3 Yi 69 Vi fA Y "S � w z ° sppppp M Cr$ R! dr 4 CI A N N � ti O vv V6— � � o N 0 H ° q o o• M o M M �o 0o o n � T ,, n a` M M ao �n _ o, M h E �, � h V— @ h h VI M@@ C M C' '� N •� Vl V M= p N C ❑ ❑ $' V] Vl V] to rn Q¢ N Q ti Q N Q [n Q N Q V] Q¢ V` y� N Q y Q y Q y H O Q v u a h QO e� 00 T b0 b� 00 i � N L vLv u v F °21 F u F F c d F v v e E c c E o v o u o o go cc O � U❑ y V � 'O O Q C O` CJ C y O �"" Y O� O C C T A A O y T C[. U Q 6 L A m m .T. C y ? � L ¢ z e � a � c � __ u1 � ❑c � � ie x :e c .. � F U �=���3��¢ a` E ❑�nUU N ao a`c7oa"a'oo v y v -J LO d E E C E U 5 c E o v v v U ❑ v v U U U U oq 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 803321 EMCON Rev 1 6/9/00 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' S \Our DocumentAContractAMEMCON Fu st Amended Agmu Denton Landfill doc 2