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
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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
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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
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* 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
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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
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· 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
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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
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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
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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
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