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1999-378AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGItR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMCON FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON, TEXAS LANDFILL EXPANSION OF CELLS 2A, 2B, AND 2C, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems at in the public interest to engage EMCON, A Texas Corporation ("EMCON"), to provide professional engineering services to the City pertalmng to the design of and the preparation of construction plans and specifications for the City of Denton Landfill expansion of Cells 2A, 2B, and 2C, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional englneenng services, and that hmlted 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 quahficatlons, 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 engineenng services, as set forth In the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Professional Services Agreement with EMCON, a Texas Corporation, for professional engineenng services pertaining to the design of and the preparation of construction plans and specifications for the City of Denton, Texas Landfill expansion of Cells 2A, 2B, and 2C, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION II. 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 services needed by the City for a fair and reasonable price SECTION III. That the expenditure of funds as provided in the attached Professional Services Agreement is hereby anthonzed SECTION IV That this ordinance shall become effective immediately upon its passage and approval ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docum~nts\Ordlnances\99\EMCON PSA etd - Engr Landfill Cells 2A 2B and 2C doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON, TEXAS LANDFILL EXPANSION OF CELLS 2A, 2B, AND 2C T~MENT is made and entered into as of the /~/ day of , 1999, by and between the City of Denton, Texas, a Texas Mumclpal Corporatmn, with its pnnmpal_o~ce_s_ at 21~oE, o.McI~nney Street, Denton, Texas 76201 (hereafter "OWNER") and EMCON, a ~o~'a~o"~,~wlth its offices at 5701 East Loop 820 South, Fort Worth, Texas 76119 (hereafter "CONSULTANT"), the parties acting herein, by and through their duly-anthonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contmned, the parties hereto do mutually AGREE as follows ARTICLE I 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 obtmned for such services m the State of Texas The professional services set forth herein are in connection with the following described project (the "ProJect") Professional engmeenng services pertmmng to the design and preparation of construction plans and specfficat~ons for the expansion of the City of Denton Landfill Cells 2A, 2B, and 2C ARTICLE II 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 Services Engineenng Demgn and Preparation of Construction Plans and Specifications - City of Denton Cells 2A, 2B,land 2C," prepared by CONSULTANT for OWNER in September 1999, winch document is attached hereto as Exhibit "A," and is incorporated herein by reference, which document consists often (10) pages, and is comprised of four sections 1 ProJect Approach [the Basic Services set forth in nine (9) tasks from pages 1-1 through 1-7, inclusive], 2 Project Schedule [page 2-1 ], 3 Project Budget [page 3-1], 4 Additional Services [page 4-1] s~u,~c~.,~,~o~^ ~o~.~,,~,,~^ ~ .~c~ Page 1 of 10 B If there is any conflict between the terms of flus Agreement and Exhibit "A" attached to this Agreement, the terms and conditions of tlus Agreement shall control over the terms and conditions of the Extublt ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, wbaeh are not included as basle services in the above-described Scope of Services, set forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, m writing, the scope of such additional services, the amount of compensation for such add~tional services, and other essential terms pertmnIng to the provision of such adchtional services by the CONSULTANT OWNER and CONSULTANT have agreed that those services listed at page 4-1 of Exhibit "A" attached hereto are "Additional Services," that is, services which CONSULTANT and OWNER may consider as this engagement progresses ARTICLE IV 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 an force for the period which may reasonably be reqmred for the completion of the ProJect, including Add~tional Services, ~f any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the prowsions hereof T~me is of the essence m tins Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth hereto as expedltxously 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 1 "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others m outside firms, for services In the area of professional engineenng, or related services Any subcontract or subconsultant bflhng reasonably xncurred by the CONSULTANT in connection with the ProJect shall be invoiced to OWNER at the actual cost 2 "D~rect Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, pnnt~ng and reproduction expenses, out-of-pocket expenses for purchased computer t~me, prudently incurred travel expenses related to the work on the ProJect, and s~milar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and m consideration of the professmnal services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completmn of the basra serwces tasks set forth ~n the Scope of Serwces as shown ~n Artmle II above, as follows 1 CONSULTANT shall perform its work on thts ProJect m accordance with the prowslons and the rune (9) tasks more partmularly set forth on pages 1-1 through 1-7 ~nclus~ve, of Exhibit "A' attached hereto and ~ncorporated herewnth by reference CONSULTANT shall perform the smd professional servmes substantially in accordance wtth the "Project Schedule" set forth on page 2-1 of Exlnb~t "A" CONSULTANT shall be prod for servmes rendered pursuant to the Agreement on the basis set forth ~n the "ProJect Budget" set forth on page 3-1 of Exlub~t "A", plus m~mbursement for all reasonably ~ncurred out-of- pocket expenses, billed monthly CONSULTANT shall bill from t~me sheets, ~n minimum 1/4 hour or smaller t~me ~ncrements, at the hourly rates prowded for tn the "ProJect Budget" OWNER agrees to pay to CONSULTANT for ~ts professional sermces performed, and for ~ts out-of pocket expenses recurred ~n the Project, a total amount not to exceed $129,100 00 2 Partml payments to the CONSULTANT wall be made monthly in accordance wtth the statements reflecting the actual completion of the basra servtces, rendered to and approved by the OWNER through Its Assistant Ctty Manager for Utilities or hm designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the t~me a statement ~s rendered The OWNER may w~thhold the final ten (10%) percent of the above not-to-exceed amount unttl satmfactory completton of the ProJect by the CONSULTANT 3 Nothing contmned m th~s Article shall reqmre the OWNER to pay for any work whmh is unsatisfactory as reasonably determined by the Assistant C~ty Manager for Uttht~es or h~s designee, or whmh ts not subrmtted by CONSULTANT to the OWNER ~n comphance with the terms of thts Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT at any t~me when the CONSULTANT ~s ~n default under this Agreement 4 It ts specffically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to thts Agreement which would reqmre add~tmnal payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated here~nabove, without first having obtmned 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 obtmnlng prior written authorization from the OWNER C ADDITIONAL SERVICES For addltlonal services authorized tn writing by the OWNER in Artmle III heremabove, CONSULTANT shall be pard based on a to-be-agreed-upon Schedule of Charges Payments for additional servmes shall be due and payable upon submission by the CONSULTANT, and shall be ~n accordance with Artmle V B here~nabove Statements for basra servtces and any additional servmes shall be submitted to OWNER no more frequently than once monthly ~,o~,~um~,~n~.c~,~o~ ~,o~,,~,,~^ ~ ~oc Page 3 of 10 D PAYMENT If the OWNER falls to make payments due the CONSULTANT for servtces and expenses within s~xty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT wtll be tncreased by the rate of one percent (1%) per month from and after the satd stxt~eth (60th) day, and tn addltton, thereafter, the CONSULTANT may, after g~mng ten (10) days written nottce to the OWNER, suspend services under this Agreement until the CONSULTANT has been pard ~n full for all amounts then due and owtng, and not dtspmed by OWNER, for servmes, expenses and charges Provtded, however, nothtng herren shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth here~n, tf the OWNER reasonably detormmes that the CONSULTANT's work ts unsattsfactory, tn accordance with Artmle V B ofth~s Agreement, and OWNER has notffied CONSULTANT of that fact ~n wnttng ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT wtll exercme reasonable care and due ddtgence tn dtscovenng and promptly reporting to the OWNER any defects or defimenc~es tn the work of the CONSULTANT or any of tts subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to thts Agreement are tnstruments of servtce and shall become the property of the OWNER upon the termtnatton of thts Agreement The CONSULTANT ts entttled to retmn coptes of all such documents The documents prepared and furmshed by the CONSULTANT are tntended only to be apphcable to thts project and OWNER's use of these documents m 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 specffied here~n any of the tnformatton or materials developed pursuant to thts agreement, CONSULTANT ts released from any and all hab~hty relating to thetr use ~n that project ARTICLE VIII iNDEPENDENT CONTRACTOR CONSULTANT shall provide servmes to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right anstng from employee status ARTICLE IX iNDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and 1ts offictals, officers, agents, attorneys and employees from and agatnst any and all hab~hty, clatms, demands, damages, losses and expenses, tnclud~ng but not limited to court costs and reasonable attorney fees tncurred by the OWNER, and tncludtng w~thout hmttatton damages for bodtly and personal tnjury, death, or property damage, resufung from the neghgent acts or omissions of the s o~, ~ ........... ~u~M~o~ ~ ~o,, ~.~,~^ ~ ~o, Page 4 o f 10 CONSULTANT or ItS officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of tins Agreement Nothing m this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall wmve any of the party's defenses, both at law or equity, to any clmm, cause of action or ht~gatton filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE Dunng the performance of the Services under this Agreement, CONSULTANT shall maintmn 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 Careers 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 Llabthty Insurance w~th 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 acmdent C Worker's Compensation Insurance in accordance with statutory requirements and Employer's L~ablllty Insurance w~th hm~ts of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E CONSULTANT shall furmsh insurance certificates or insurance pohcles at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such pohmes to the extent that is legally possible, and shall contmn a prowsmn that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute pohcles, furmslung at least the same policy limits and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate d~spute resolution anslng out of or relating to, this Agreement involving one party's disagreement may ~nclude the other party to the disagreement without the other's approval S/Our Dccamcnts/Colltta~lOg~l~MCONl~$A Daaoa LandfillCells2A 211 and2Cdoe Page 5 of 10 ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of fins Agreement, either party may terminate th~s Agreement by providing thirty- (30) days advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination wall be offected unless the other party is g~ven (1) written notice (delivered by certified mml, 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 opportumty for consultation w~th the terminating party prior to temlmatlon 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 sermces properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, m accordance with Article V of fins Agreement Should the OWNER subsequently contract with a new consultant for the continuation of serrates 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 t~me to transition and to mm over the ProJect to a new consultant CONSULTANT shall mm over all documents prepared or furmshed by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may malntmn copies of such documents for ~ts files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and habthty 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, ~ts pnnclpals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, commumcatlons, and reports required or permitted under this Agreement shall be personally delivered to, or telecopled to, or mailed to the respective parties by depositing same m the Umted States mall at the addresses shown below, postage prepaid, certified mall, return receipt requested, unless otherwise spectfied herein To CONSULTANT To OWNER EMCON City of Denton, Texas Kenneth J Welch, Branch Manager Howard Martin, ACM/Utlhtles 5701 East Loop 820 South 215 E Mcganney Fort Worth, Texas 76119 Denton, Texas 76201 Fax (817) ~e7~-'~7'~c' Fax (940)349-8120 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notme is given, or three (3) days after malhng of the notice, winchever event shall first Occur ARTICLE XV ENTIRE AGREEMENT Tins Agreement conaistmg of ten (10) 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, prommes, representations, negotiations, d~scusslons, communications, understandings, and agreements winch may have been made in connection with the subject matter of thru Agreement ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent lunsdlctlon 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 pamcs shall reform tins Agreement, to the extent reasonably possible, to replace such stncken promsmn with a valid and enforceable promslon which comes as close as possible to expressing the original intentions of the parties respecting any such stnckan provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, roles, regulatmns, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In perfonmng the services required hereunder, the CONSULTANT shall not discriminate against any person on the bas~s of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services reqmred under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall lmmechately reform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may d~scover, or which may arise dunng the term ofttus Agreement B All services reqmred hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreemem, shall be quahfied, 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 pnor written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any slgmficant change in Its corporate structure or in its operations ARTICLE XXI MODIFICATION No waiver or modfficatlon of ti'ns Agreement or of any covenant, condition, limitation herein contulned shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any wawer or modification shall be offered or received in evidence in any proceedmg arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification ts in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXII 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 Services - Englneenng Design and Preparation of Construction Plans and Specifications - City of Denton - Cells 2A, 2B, and 2C" B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under tlus Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facilities and s,o,,~,,~,~,.o.~.c~,~Mco~s^ ~,o.~,~cc,,,~^ ~ ~.,~c~ Page 8 of 10 shall be prowded adequate and appropriate working space in order to conduct examinations or auchts in compliance w~th flus Amcle OWNER shall give CONSULTANT reasonable advance nottce of all intended exammattons or audtts C Venue of any stat or cause of action under thts Agreement shall he exclustvely in Denton County, Texas Tlus Agreement shall be governed by and construed tn accordance wtth the laws of the State of Texas D For purposes ofth~s Agreement, the parties agree that the key persons who will perform most of the work under thts Agreement shall be Kenneth Welch, P E, Ray Campbell, P E, and Dick Smith Ttus Agreement has been entered into with the understandtng that the three (3) above-stated employees of CONSULTANT shall perform all or a stgmficant portion of the work on the Project Any proposed changes regardmg change of personnel, requested by CONSULTANT, respecting one or more of the three (3) aboveNstated employees, shall be subJeCt to the approval of the OWNER, which approval the OWNER shall not unreasonably w~thhold Notlung here~n shall hmtt CONSULTANT from using other quahfied and competent members of ~ts firm to perform the other tnc~dental servtces reqmred heretn, under ~ts supervision or control E CONSULTANT shall commence, carry on, and complete its work on the ProJect wtth all applicable d~spatch, and ~n a sound, economtcal, efficient manner, and ~n accordance with the pmvls~ons hereof In accomphshlng the ProJect, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated wtth related work betng earned on by the OWNER F The OWNER shall asstst the CONSULTANT by placing at the CONSULTANT's thsposal all available mformatton perttnent to the Project, lncludtng prevtous reports, any other data relative to the ProJect and arrangtng for the access to, and make all provtstons for the CONSULTANT to enter tn or upon, pubhc and private property as required for the CONSULTANT to perform professtonal servtces under this Agreement OWNER and CONSULTANT agree that CONSULTANT ts entitled to rely upon tnformatton furmshed to tt by OWNER wtthout the need for further inquiry or lnvesttgatton into such tnformatlon G The captions ofthts Agreement are for tnformattonal purposes only and shall not tn any way affect the substantive terms or condttlons ofthts Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) ongtnal counterparts, by and through tts duly-authorized Ctty Manager, and CONSULTANT has ex~egCted th~s Agreemj~nt~b_y 9nd ,tl3rough its duly-authorized undersigned officer on thts the /(~-Lr~ dayof (~J2~9~gEA.ff ,1999 "CITY" CITY OF DENTON, TEXAS l~'dh~e~V Je ,~anager ~,o~m~.~.,~.,~,~,:o~ ~s~, ~o~,,c~,~^ ~ ~¢~ Page 9 of 10 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" EMCON A T-ex-e~Corporat~on By ATTEST By Secretary SCOPE OF SERVICES ENGINEERING DESIGN AND PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS CITY OF DENTON CELLS 2A, 2B, AND 2C Prepared for C~ty of Denton September 1999 Prepared by EMCON/IT 5701 East Loop 820 South Fort Worth, Texas 76119 817/478-8254 ProJect 797074 EXHIBIT II ~ CONTENTS 1 APPROACH 1-1 1 1 ProJect Understanding 1-1 2 PROJECT SCHEDULE 2-1 3 PROJECT BUDGET 3-1 4 ADDITIONAL SERVICES 4-1 FW\C \WINDOWS\TEMP\DENTON01 DOC\g30 99\dim 4 EMCON/IT 797074 11 Rev 0, 9/16/99 APPROACH 1.1 Project Understanding The City of Denton Municipal Solid Waste Landfill is a Type I landfill The landfill facility consists of the original City Landfill, Permit No 1590 (36 08 acres) and the expansion area, Permit No 1590A (188 08 acres) After receiving the permit in 1996, the City has constructed a slurry wall along the north and west sides of the expansmn area for groundwater control purposes, Cell 1 (the initial cell in the expansion area), and appurtenances such as groundwater momtonng wells and landfill gas momtonng probes The City is seeking to begin development of Phase 2 in the landfill expansion area The RFQ identified the following projects for Phase 2 · Design Cells 2A, 2B, and 2C · Design 148,000 square feet of composite final cover for Phase I · Evaluate the groundwater dewatenng system for Cells 2A, 2B, and 2C · Prepare construction drawings for the perimeter drainage system to receive stormwater runoff fi.om the Phase 2 cells and the south detention pond · Design the extension of the perimeter road for access to the Phase 2 cells · Modify the existing permit to remove the requirements of the interim detention pond Based on our understanding of the City of Denton's needs as described in the RFQ and our understanding of specific site conditions from prior experience at the site, we have developed the following scope of services Task I - Evaluat,on of Alternat,ves The purpose of this task is to evaluate the feasibdlty of increasing the permitted depth of excavation This evaluation will consider the groundwater elevations from the original subsurface charactenzauon, installed momtonng wells, and additional plezometers installed in the vicinity of Cells 2A, 2B, and 2C The affect of the slurry trench on the current groundwater elevations will be determined The evaluation will develop a recommendation as to the feas~bthty of ~ncreasmg the depth of excavation Based on the evaluation of the current groundwater elevations, a conceptual excavation plan will be developed for the remaining disposal footpnnt Cells 2A, 2B, and 2C will be constructed to their existing permitted depth, the increase in depth will begin with Phase 3 and continue for the remainder of the permitted disposal footpnnt The additional FWXC \WINDOWS\TEMP\DENTON01 DOC\830 99\dim 4 1-1 EMCON/IT Rev 0 9/16/99 797074 airspace avmlable fi.om the increased depth will be determined At tins time it Is assumed the cun'ont perrmtted final contours will remam A t~mehne will be developed that compares capacity of Cells 2A, 2B, and 2C to the time reqmred to obtain a penmt amendment to the existing sohd waste permit An increase in depth will require a major penmt amendment apphcat~on, including possible public heanng The t~mehne and the additional capacity due to the depth increase will provide the City w~th the information needed to determine if an increase in depth for the remmnder of the s~te is feasible Task 2 - Design Basis Memorandum Tins task ~ncludes evaluating the ex~stlng permit documents and specific site conditions prior to preparation of the construction plans and specifications The RFQ requested that the ex~stmg groundwater dewaterlng system be evaluated as well as the interim stormwater detention pond Recommendations will be developed to address the groundwater dewatermg system and the interim detention pond In addition to these two items, we will also evaluate other areas of the permit document such as the Soil Liner Quality Control Plan and permit level design to determine if the existing permit requirements have flexibility for alternate materials, quality assurance test frequencies, or other areas where a modification would potentially save on construction cost The final cover design for closure of Phase I will be evaluated to determine if it is feasible to ehrmnate the geomembrane element of the final cover design Tins evaluation will include a summary of approved alternate final cover designs, and evaluation of the specific site conditions affecting approval of an alternate final cover The evaluation will include the potential for TNRCC approval of an alternate final cover and an estimate of the costs for submittal of a Class I Permit Modification to eliminate the geomembrane A conceptual Opinion of Probable Construction Cost will be developed for Cell 2A and 2B Th~s conceptual construcnon cost will be used to evaluate constructing only Cell 2A or constructing both Cells 2A and 2B The comparison of construction costs will consider that the City will need to bid out excavation of Cell 2B There is not time to excavate Cell 2B with City forces should the City decide to build both Cells at this time A Design Basis Memorandum (DBM) will be prepared which confirms the engineenng design requirements for the development of Phase 2 and will establish the limits of construction for Cell 2A and 2B if feasible The limits and design of the perimeter stormwater system and perimeter access road will also be confirmed The DBM will also address the limits and design of the final closure of the Phase I area to be closed This task provides for confirming the engineenng design and construction issues related to construction of the composite Subtitle D liner system and leachate collection system and the groundwater dewatenng system The detailed DBM will confirm the liner and FgAC \WINDOWS\TEMP\BENTON01 DOC\830 99\dlm 4 1-2 EMCON/IT 797074 Rev 0 9/16/99 leachate collection system design elements, construction materials, adverttsement and award dates, and construction dates Also included will be a review of how the new Texas Natural Resource Conservation Commission (TNRCC) gmdelmes btled Liners Constructed Below the Seasonal thgh Groundwater Table may affect the proposed excavation grades proposed m the approved Subtttle D Permit Modfficat~on Task 3 - Permit Mod,fications Th~s task will prowde development and coordination w~th the City and TNRCC to prepare permit modifications that may be ldentffied as a result of evaluating the existing permit documents and current groundwater information As noted in the RFQ, a permtt modfficatlon to remove the requirements for an interim detention pond will be pursued wtth TNRCC Other potential modfficatlons could be revlsmons to the SLQCP to broaden material specifications or limit testing requirements, revisions to the groundwater dewatermg system, or other revisions that would add flembthty or reduce constructton costs Preparation of a permtt modlficatton for removal of the geomembrane from the final cover design is not tncluded at thts ttme Anttctpated Class I Permit Modtficatlons tnclude the following · Remove reqmrements for the interim stormwater detention pond · Use drainage geocomposlte for leachate collection layer · Approval for the gravity sanitary sewer hne along Edwards Road · Modify current groundwater dewatenng system Task 4 - Engineer,ng Design This task provides the overall sector layouts, destgn of the excavatton, anchor trenches, hner components, and leachate collection system Also included will be design of the gravity sanitary sewer hne, perimeter road, and perimeter stormwater system · Sector Layouts - Cell 2 writ extend south from the Phase 1 area to the south perimeter berm/roadway and east to Cell 2 hm~ts Cell 2 ns approxtmately 26 acres wtth each tnd~vtdual cell about 8 68 acres The hmlts of the emstmg hners along the south edge of Phase 1 wtll be estabhshed from the Soil and Liner Evaluatton Reports (SLERs) that were submitted to the TNRCC The cell layout will be based on the grid system presented tn the permit modfficatlon which coincides with the landfill grid Vertmal control wdl be from permanent control monuments that have been estabhshed by the Ctty's surveyor · Cell Excavattons- The cell excavations wtll be based on the excavation plan presented tn the permit amendment and adjusted to match the as-constructed grades along the south sides of Phase 1 and the top of pertmeter roadway grades along the west and south stdes Existing topographic maps will be used for the excavatton design We recommend that a recent field survey be used to FW~£ \WINDOWS\TEMP\DENTON01 DOC\830 00\dim 4 1-3 EMCON/IT 797074 Rev 0 9/16/99 determine the exlstmg topography within the proposed construction areas for estu-natmg earthwork quantities ff change in topography has occurred since the date of the most current topographic map Earthwork quantities wall be estimated fi.om either the available topograpluc maps or updated topography fi.om field surveys · Anchor Trenches - The ahgnment of the perimeter anchor trenches will be estabhshed fi.om the liner stability calculations, location of existing Subtitle D hners, and perimeter road elevations The dimensions of the anchor trench will be detenmned by the sideslope liner stability analysis · Liner Components - The hner system will consist of a minimum 24-inch-thick compacted clay hner overlain by a 60-md HDPE geomembrane Smooth 60-mil HDPE will be used on the landfill bottom, textured 60-mil HDPE will be used on the s~deslopes The hner system and the leachate collection system will be covered by a 24-mch-th~ck protective cover Groundwater levels from the permit modification and existing monitor wells will be used to determine if the hner will be below the high-water table If the hner is below the high-water table, the liner design will be modified to include appropriate ballast A demonstration that the liner system meets the new guidance handbook on Liners Constructed Below the Seasonal High Groundwater Table will be provided if required Th~s demonstration would include a minor permit modification to the Soil Liner Quality Control Plan to include ballast information as required The stabdtty of the liner system and sideslopes will be analyzed using assumed material properties The material properties of the liner components will be verified dunng the construction phase · Leachate Collection System - The leachate collection systems wall consist of a drainage geocomposite collection layer across the cell bottoms and sldeslopes which wall convey leachate to collection trenches in the middle of the cells The collection trenches will consist of a 6-inch perforated pipe (ADS NI2-LF or equal) encased m aggregate or other suitable drainage media The collection trenches will convey the leachate to sumps at the base of the south perimeter berm The required capacity of the leachate collecnon system elements will be confirmed by the HELP model The Cell 2 leachate collection system will be connected to the future leachate transm~sston force main · Stormwater Drainage Design - The stormwater drainage design will consist of evaluating the stormwater runoff potential from both contaminated and uncontaminated stormwater Once stormwater comes ~n contact with waste or enters the leachate collection system the stormwater becomes leachate and wtll require treatment as leachate The stormwater control systems will be designed to minimize the amount of rainfall that potentmlly could enter the leachate collection system through the use of containment berms, cutoff valves, and temporary plastic covers Also to be addressed ~s stormwater containment adjacent to Cell 2 in unhned areas A stormwater detention area will be evaluated to provide storage for uncontaminated runoff and ultimately pumping over the perimeter berm system FW\C \WINDOWS\TEMPXDENTON01 DOC\830 99\dim 4 1-4 EMCON/IT Rev 0 9/16/99 797074 * Perimeter Road - the perimeter road will extend from the existing Phase I limits along thc west s~de of the landfill The penmeter road will turn and head east along the south s~dc of the landfill to the south detention pond The perimeter drainage channel will be designed to parallel the perimeter road · Samtary Sewer Transmmslon Linc - A gravity flow Sanltary sewer line will be desxgned to extend from the existing trunk force main along Edwards Road to the intersection of Edwards Road and Mayhfll Road The sanitary sewer hne will parallel the landfill permit boundary in an easement to the City of Denton A leachate transmiss~on line will be designed to convey leachate from the Cell 2A leachate collection sump to the City of Denton samtary sewer hne along Edwards Road · Phase 1 Final Cover - The composite final cover system for closure of approximately 3 $ acres of the Phase 1 area will be designed Construction details will be developed for the pemalt level design and the limits of final closure area will be confirmed · Stormwater Pollution Prevention Plan (SWP3) - An SWP3 will be prepared for the landfill The SWP3 will address the overall stte requirements and the requirements spemfic to the constructton of Cell 2A It ts understood the City has prepared an SWP3 for Cell 1 which will be revtewed and tncorporated into the SWP3 for Cells 2A, 2B, and 2C Task 5 - Construction Drawings This task provtdes for the preparation of construction drawtngs that will provide a level of detail statable for btdding and constructtng the project Construction drawtngs will include the following · Cover Sheet · Legend and Abbrevtattons · Site Plan · Perimeter Road Plan and Profiles · Excavation Plans · Leachate Collectton System Plans · Sanitary Sewer Plan and Profiles · Stormwater Drainage Plans · Phase I Ftnal Cover Plan · Leachate Collection System Transmtsston Ltne Connection Details ·Ltner Details · Leachate Collection System Detatls · Final Cover Details · Stormwater Details · Erosion and Sediment Control Details FW\C \WINDOWS\TFMP\DkNTON01 DOC~830 99\dim 4 1-~q EMCON/IT Rev 0 9/16/99 797074 EMCON will subnut construction dravangs to the City for rewew at 30 percent and 90 percent completion Following review of the 90 percent drawmgs, EMCON will incorporate final mochfieat~ons and issue the drawings for b~ddlng and construction Task 6,- Techmcal Specifications and Contract Documents EMCON wall prepare the contract documents and technical specfficatlons for flus construction project The NCTCOG Standard Specifications with the City of Denton revmons to the NCTCOG standards will be used for the advertisement for bids, bid proposal forms, bond forms, general provisions, and special provisions, and other standard forms for the Contract Documents EMCON will prepare technical specificataons for the construction elements of this project An Opinion of Probable Construction Cost will be prepared at the 50 pement and the 90 percent design level It is anticipated that the following technical specifications will be prepared · Earthwork · Drainage Media · Compacted Soil Liner · Compacted Final Cover · Flexible Membrane Liner · Geotextile and Geocomposite · Leachate Collection Pipe and Fittings · Protective Cover · Road Construction Materials · Erosion Layer EMCON will prepare the technical specifications concurrently w~th Task 4 At 30 pement, 50 pement and 90 pement completion, we will present the technical specifications for review Following the 90 percent review, EMCON will incorporate the final modifications and issue the Contract Documents for bidding and construction Task 7 - Advertisement and Award Phase This task provides services dunng the advertisement and award phase for the construction of Cell 2A It is anticipated that the duration of this task will be 30 days The following services will be provided · EMCON will coordinate with the City of Denton for advertisement of the project in local newspapers as well as notification of contractors experienced with this type of construction project · The City will manage the distribution of Contract Documents to Interested Contractors FW~C \WINDOWS\TEMP\DENTON01 DOC\830 99\dim 4 1-6 EMCON/IT Rev 0 9/16/99 79707~ · EMCON will part~cipate in the pre-bid conference · Questions from Contractors will be coordinated by EMCON dunng the bidding phase The Contract Documents provide that only written requests require response Addenda will be issued lfreqmred by the City · After the Bid Opemng, the City will tabulate the bids, identify the apparent low bidder, and evaluate the qualifications of the low bidder Task 8 - Survey Requ,rements This task provides for surveying services dunng the cnglncenng design phase of the project The local survey firm of Bill Coleman will provide these services EMCON wall provide coot&natron oftlus effort A current topographic map will be developed for the area witlun the limits of construction This will include the limits of Cells 2A and 2B, perimeter roadway, perimeter stormwater system, alignment of the gravity sewer line, and the south detention pond Key tie-in locations to existing features will be determined Task 9 - Meet,ngs /Presentattons This task provides for meetings with the TNRCC that may be required during the project It is anticipated that two meetings will be conducted with TNRCC One dunng Task 1 - Evaluation of Alternatives and one dunng Task 3 - Permit Modifications It is also anticipated that one meetings will be conducted with the City of Denton Public Utility Board and one meeting with the City Council Tins task will provide for preparation, travel, and meeting time FW~C \WINDOWSWEMP\DENTON01 DO£\830 99\dim 4 1-7 EMCON/IT 797074 Rev 0 9/16/99 2 PROJECT SCHEDULE We are ready to proceed wtth the project upon recetvmg authorization to proceed The expected project schedule defined tn the RFQ will be used to develop a more detailed schedule that will define tntenm quahty revtew dates to obtmn Ctty tnput · September 1, 1999 - Contract Negotiatton · September 20, 1999 - Public Utihty Board · October 5, 1999 - City Council · December 3, 1999 - Preliminary Design Report · December 6- 17, 1999- StaffRevlew · March 31,2000 - Final Design, Complete and Dehver · April 30 - July 31, 2000 - Bid Process, Pubhc Utdlty Board & City Counctl · August, 2000 - Construction · December 31, 2000 - Landfill in Operation FW\C \WINDOWS\TEMP\DENTONOI DOC\S30 99\dim 4 2-1 EMCON/IT Rev 0 9/16/99 797074 3 PROJECT BUDGET Esttmates for each major task, as well as man-hour estimates, are ~ncluded ~n Table 1 Our Schedule of Charges ~s attached Table 1 ProJect Budget D~rect Estimated Labor Expenses Subconsultant Cost Description Hrs $ $ Expense $ Task 1 Evaluation of Alternatives 112 9,200 400 9,600 Task 2 Design Bas~s Memorandum 160 13,000 400 13,400 Task 3 Penmt Modfficat~ons 140 11,700 400 12,100 Task 4 Eng]neenng Design 220 17,800 600 18,400 Task 5 Constmctmn Drawtngs 230 17,000 700 17,700 Task 6 Techracal Specfficat~ons and 130 9,800 500 10,300 Contract Documents Task 7 Adverttsement and Award 80 6,200 400 6,600 Phase Task 8 SurveyReqmrements 30 2,600 200 28,000 30,800 Task 9 M~etln~s 80 9,200 1,000 10,200 Project Total 1,182 96,500 4,600 28,000 129,100 FW\C \WINDOWS\TEMP\DENTON01 DOC\S30 99kdlm 4 3-1 EMCON/IT 797074 Rev 0 9/16/99 4 ADDITIONAL SERVICES We have developed the precedtng project approach bases on our tmderstan&ng of the project The following ~s a hst of ad&t~onal services for the C~ty of Denton's current and future conslderatmn · Eng~neenng destgn assocmted w~th leachate storage and treatment, soh&ficatton or stabfl~zatmn of sludge, or hqmd-beanng wastes · Subsurface explorations or soil testing beyond that previously prescribed based on current TNRCC roles and ~mplementing gmdehnes · Constmctmn phase engtneenng services related to bidding, shop drawing review, modfficat~ons to documents by field order or change order · Construction phase services related to construction quahty assurance testing for clay liner construction, HDPE geomembrane liner, leachate collection protective cover system FW\C \WINDOWS\TEMP\DENTON01 DOC\830 00\dim 4 4-1 EMCON/IT 797074 Rev 0 9/16/99