1998-191 lq i
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER
FIVE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR
ENGINEERING, INC FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY
OF DENTON SANITARY LANDFILL DEVELOPMENT AND EXPANSION, RELATING
TO PHASE IV AND PHASE V THEREOF, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
THE COI.~CIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the Mayor ~s authorized to execute Amendment Number Five to the
Agreement between the C~ty of Denton and HDR Engmeenng, Inc for further professional
engmeenng servxces for the C~ty of Denton Samtary Landfill development and expansion, as
prowded for an said Agreement, relatang to Phase IV and Phase V thereof, a copy of which
Amended,Agreement Number F~ve ~s attached hereto and made a part hereof
$]~CTION II. That the expendature of adcht~onal funds m an amount not to exceed F~fty
Three Thousand Dollars ($53,000 00) ~s hereby authorized as provided for m the smd
Amendment Number F~ve to the Agreement
~ That th~s ordmance shall become effective ~mmedmtely upon ~ts passage
and approval
J~ILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Docuroents\Orflmlmces\98\HDR Amend 50rfl doc
AMENDMENT NUMBER FIVE TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON, TEXAS AND HDR ENGINEERING, INC
DATED JUNE 15, 1993
WHEREAS, on June 15, 1993, the City of Denton, Texas ("City") and HDR EngIneenng,
Ine ("HDR") entered into an Agreement for Professional Engineering Services respecting the
City of Denton Sanitary Landfill unreal sate development ("Project") which was amended by
Amendment No 1 dated March 18, 1994, which was further amended by Amendment No 2,
dated May 16, 1995, which was further amended by Amendment No 3, dated February 22,
1996, and wbaeh was further amended by Amendment No 4, dated April 18, 1997 whereto the
Agreement for Professional Engmeenng Services for the sanitary landfill initial sate
development, as amended by Amendments No l, 2, 3 and 4, are hereinafter collectively referred
to as the "Agreement", and
WHEREAS, Sections 1 and 2 of the Agreement dated June 15, 1993 provide that Phase
IV of the Project as to be completed as additional services incident to the Agreement, when
requested and authorized by the City, and Section 5 2 2 thereof provides that the compensation to
HDR respecting ~ts services performed under Phase IV of the Project is to be determined and be
mutually agreed upon by the parties at a later date, and
WHEREAS, the City and HDR provided m Amendment No 3 of the Agreement for the
defimtlon of the Scope of Services for Phase IV, and designated fees for professional
engineenng services for Phase IV m the amount not to exceed $205,400 00 Thereafter, pursuant
to Purchase Order No 40978RR, the City authorized the expenditure of an additional $17,000 00
m payment of addxtional professional services associated w~th breakmg the Project rote two bads
and accomplishing the designs on a fast-track basis, and
WHEREAS, the City and HDR have proceeded with implementation of Phase IV of the
City of Denton Samtary Landfill sate development and expansion, and the Texas Natural
Resource Conservation Commission ("TNRCC") has approved the C~ty's landfill permit, and
WHEREAS, the City and HDR have determined that it is necessary and appropriate for
HDR to perform additional engineenng services for the City relating to Phase IV of the Project
regarding an additional mneteen (19) week period of on-sate construction observation and liner
inspection and testing, to be performed by HDR dunng construction and installation of the
landfill liner, an order to comply with TNRCC third-party review requirements, for the period of
time after the six (6) week construction period provided by the original scope of services ended
on February 20, 1998, and
WHEREAS, the City and HDR have determined that it is necessary and appropriate for
HDR and its subcontractor to perform additional services an counection with the landfill dunng
the time that liner construction ~s to take place, and to maintain full-time on-sate observers during
all liner construction activities, which subcontracting expense is attributable to the additional
construction days and longer working hours per work day, necessitating the incumng of
overtime charges on the ProJect HDR has proposed, and the City believes that an additional fee
not to e~ceed $53,500 00, including expenses, as a reasonable fee, for such professional
engineenng services, considenng all relevant factors, and
WHEREAS, the City and HDR have determined that It IS necessary and appropriate for
HDR to perform additional services to the City relating to Phase V of the ProJect regarding the
preparation of three additional landfill permit modification packages HDR has proposed, and
the City believes that an additional fee of not to exceed $4,500 00, including expenses, is a
reasonable fee, for such additional professional englneenng expenses, considenng the relevant
factors, and
WHEREAS, the City and HDR have determined that additional services to be prowded to
the City respecting the landfill expansion ProJect, as set forth ~n the preceding paragraphs
here~nabove, total $78,000 00, and the City and HDR have further determined that $25,000 00 of
the contractual mount previously prowded for, and set forth ~n Amendment Number Four to the
Agreement respecting services relating to the adm~mstrat~ve hearing before TNRCC respecting
the City's landfill expansion permit, is unspent and shall be re-allocated and spent for the
professional engmeenng services provided for ~n th~s Amendment Number Five to the
Agreement, thus reduemg the total amount of additional professional fees to be approved by the
C~ty Council respecting this Amendment Number F~ve to the Agreement to the amount of
$53,000 00, and
WHEREAS, the City and HDR, pursuant to the provisions of 7 12 of the Agreement,
prowdmg for changes and modifications, desire to amend their Agreement to provide for the
completion of Phase IV of the ProJect, as well as to provide for an Agreement for HDR to
perform additional professional engIneenng services relating to the preparation of three
additional landfill perrmt modifications packages under Phase V of the ProJect, NOW,
THEREFORE,
WITNESSETH
Pursuant to Section 7 12 (Changes and Modifications) of the Agreement, the City and
HDR do hereby AGREE as follows
I
The Scope Of Serwces for Phase IV of the Project ~s hereby amended to add the
following additional professional engmeenng services
A The Construction Phase fee for HDR to conduct periodic observations and ~nspectlons
throughout the entire construction period at the site was based upon the assumption of a slx (6)
week construction period, w~th one (1) visit to the s~te per week The fee prewously set forth m
the Agreement was based upon the assumption that the construction of the ProJect would be
accomplished under one bid rather than under two b~ds, and that cell construction would take
place concurrently w~th other construction at the site
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As, the construction schedule, as presently bid, currently encompasses a twenty-five (25)
week period, beginning wath the constmctaon of the slurry wall and dewatenng system, whach
ends on June 30, 1998, wath the completaon of the cell and other on-sate facflmes, rather than the
original projected sax (6) week constructaon period, the Caty and HDR agree that addxtaonal
professional englneenng servmes are necessary for HDR to properly inspect and penodacally
observe tlle constmctaon of the liner dtmng the longer constructmn period The add~taonal fee to
be prod by the Caty to HDR for the addttaonal mneteen (19) weeks of constructaon servaces under
Phase 1V of the ProJect for the necessary observaIaon and testang reqmred, shall be m the mount
of $1,100 00 per week, and shall not exceed the stun of $20,900 00
B That the construction phase fee respecting HDR's subcontractor expense was anatmlly
estamated at $110,000 00, whmh contemplated and provaded for a thirty (30) day constmctaon
period conmstlng often (10) hour days As constructaon on the ProJect has progressed at the s~te,
the Caty and HDR have determined that it as necessary that the length of the constructaon period
be expanded to a tharty-e~ght (38) day constmctaon period, consxstlng of twelve (12) hour work
days, an order to properly and timely complete the work The City and HDR agree that
addataonal subcontractor expense attrtbutable to the longer constructaon period and the longer
workdays needed to complete the ProJect are necessary The add~taonal fee to be pa~d by the Caty
to HDR for services attributable to the extended th~rty-eaght (38) day constmctaon period, w~th
twelve (12) hour work days, shall not exceed the sum of $53,500 00
II
The Scope of Servaces of Phase V of the ProJect (''Other Permits") hereby provides that
A HDR shall prepare three addattonal landfill permat modfficataon packages as follows
(1) Permat mo~hficataon assocmted wath alteration of the exmtang Catazen's Drop-Off
Facfiaty, to address compatabflaty w~th the proposed storm water datch,
(2) Permat modfficataon assomated with relocating a groundwater momtonng well,
(3) Permit modlficataons assocmted wath the substitutaon of geo-compomte drainage
material for a granular drmnage blanket on the bottom of the Phase I cell
B The Caty shall pay to HDR an addataonal fee of not to exceed $3,000 00 for the penmt
rnodfficat~on described an paragraph II A (1) heremabove,
C The Cxty shall pay to HDR an addataonal fee of not to exceed $1,000 00 for the permat
modlficataon described m paragraph II A (2) herelnabove,
D The City shall pay to HDR an addat~onal fee of not to exceed $500 00 for the permxt
modfficataon described ~n paragraph II A (3) herelnabove
Page 3 of 5
III
The City and HDR agree that $25,000 00 of the unspent contractual amounts as provided
for and set forth in paragraph 5 of Amendment Number Four to the Agreement relating to the
admlmstratlve proceedings before TNRCC respecting the City's landfill expansion permit, shall
instead be allocated to pay for the professional services provided for in this Amendment Number
Five to the Agreement
IV
The total estamated addatlonal professional fees for services to be provided by HDR to the
City under Phase IV and Phase V of the Project, pursuant to this Amended Agreement Number
Five, are in the aggregate, an amount not to exceed $53,000 00
V
In all other respects, the terms and conditions of the Agreement, as executed by the City
and HDR on June 15, 1993, and as amended by Amendments Number One, Two, Three and
Four thereto, shall remmn in full force and effect
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement by
and through its duly authorized and empowered Mayor, HDR has executed this Agreement by
and through its duly authorized and empowered officer
/-/EXECUTED in quadmphcate original counterparts this the /~F~_! day of
.,~.~, 1998
CITY OF DENTON, TEXAS
BY JA~
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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HDR ENGINEERING, INC
WILLIAM R HINDMAN, P E
Semor Vine President
ATTEST
BY ~ ,
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