1998-257 ORDINANCE NO
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER
SIX 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 COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor m authorized to execute Amendment Number S~x to the
Agreement between the City of Denton and HDR Eng~neenng, Inc for further professional
engineering serwees for the Cay of Denton Sanitary Landfill development and expanmon, as
prowded for ~n said Agreement, relating to Phase IV and Phase V thereof, a copy of which
Amended Agreement Number S~x m attached hereto and made a part hereof
SECTION II That the expenditure of addmonal funds ~n an amount not to exceed
Twenty S~x Thousand Dollars ($26,000 00) ~s hereby authorized as prowded for m the smd
Amendment Number Slx to the Agreement
SECTION III That this ordmance shall become effecttve ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thlS the /~day of ~eZQggs~La/~', 1998
JAC~IqLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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AMENDMENT NUMBER SIX 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 Englneenng,
Inc ("HDR") entered into an Agreement for Professional Engineering Services respecting the
City of Denton Sanitary Landfill initial site development ("Project") which was thereafter
amendedl 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, which was further amended by Amendment No 4, dated April 18,
1997, and which was further amended by Amendment No 5, dated June 16, 1998, where~n such
Agreement for Professional Englneenng Services for the sanitary landfill initial site
development, as amended by Amendments No l, 2, 3, 4, and 5 IS hereafter referred to as the
"Agreement", and
WHEREAS, Sections 1 and 2 &the Agreement dated June 15, 1993 prowde that Phase
IV of the ProJect is 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 the services performed under Phase IV of the Project ~s to be determined and be
mutually agreed upon by the parties at a later date, and
WHEREAS, the C~ty and HDR provided ~n Amendment No 3 of the Agreement for the
defimtion of the Scope of Services for Phase IV, and designated fees for professional
engineering services for Phase IV in the amount not to exceed $205,400 00 Thereafter, pursuant
to Purchase Order No 40978RR, the City authorized the expenditure of an addlt~onal $17,000 00
~n payment of additional professional services associated w~th breaking the Project into two b~ds,
utihzmg two different contractors, m order to aecomphsh the design and construction work on
the Project 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
Resourcel Conservation Commission ("TNRCC") has approved the C~ty's landfill permit, and
WHEREAS, the City and HDR have determined that it as necessary and appropriate for
HDR to perform additional engmeenng services for the City relating to the proper completion of
Phase IV~ of the Project regarding an addmonal period of on-site construction observation, liner
mspectaon and testmg, as well as Engineer of Record services to be performed by HDR during
the construction and installation of the landfill hner, by "RBI", m order to comply with TNRCC
third-party review reqmrements and regulations, for the period of time from June 30, 1998
through August 3, 1998, which as the revised, extended, construction completion period for the
landfill liner, and
WHEREAS, HDR has proposed, and the C~ty is of the opinion, that an additional fee ~n
an amotmt not to exceed $25,000 00, including expenses, ~s a reasonable fee to be paid to HDR,
for such ,additional professional engineering services relating to Phase IV of the ProJect,
considering the relevant c~rcumstances, and
WHEREAS, the C~ty and HDR have also determined that ~t ~s necessary and appropriate
for HDR to perform add~txonal professional engmeenng services for the C~ty relating to Phase V
of the ProJect regarding additional work related to the completion of the landfill permit
modfficat~on package pertmmng to the change of the landfill "drmnage layer" from gravel to
geonet material
WHEREAS, HDR has proposed, and the C~ty is of the opinion, that an addxt~onal fee ~n
an mount not to exceed $1,000 00, including expenses, ~s a reasonable fee to be paid to HDR,
for such additional professional eng~neenng servmes relating to Phase V of the Project,
considering the relevant cxrcumstances, and
WHEREAS, the C~ty and HDR, pursuant to the prowslons of 7 12 of the Agreement,
prowdmg for changes and modfficatxons thereto, mutually desire to amend their Agreement to
provide for the completxon of Phase IV of the Project, as well as to provide for an Agreement for
HDR to perform addxt~onal professional englneenng servmes relating to the completion of the
landfill permit modfficat~on package pertmmng to the drmnage layer of the landfill hner, under
Phase V of the ProJect, NOW, THEREFORE,
WITNESSETH
Pursuant to Section 7 12 (Changes and ModffiCatlons) of the Agreement, the Cxty and
HDR do hereby AGREE as follows
I
The Scope of Services for Phase IV of the ProJect ~s hereby further amended to add the
followxng addltxonal professional engmeenng serwces
A The Construction Phase penodxc observation, inspection, and hner certfficatmn servmes
to be performed by HDR respectxng the ProJect, together w~th the Engineer of Record services to
be performed by HDR, heretofore described and prowded for ~n the Agreement, shall be
extended!for an adthtxonal period of t~me, from June 30, 1998, to August 3, 1998
B The Caty shall pay to HDR an addxt~onal professional fee, xncludtng expenses, of not to
exceed $25,000 for the additional professloual services described ~n paragraph I A here~nabove
II
The Scope of Services for Phase V of the ProJect ("Other Permits") ~s hereby further
amended to add the following additional professional englneenng services
A HDR shall complete the following landfill modfficatlon package vath the TNRCC as
follows
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(1) Landfill permit modtficataon associated w~th the substitution of geo-compos~te
drmnage material (geonet) for a granular (gravel) drmnage blanket located on the
bottom of the Phase I cell
B The C~ty shall pay to HDR an additional professional fee, including expenses, of not to
exceed $1,00000 for the permit modffiCatlon services described in paragraph II A(1)
here~nabove
III
The total estimated additional professional fees for serwces, including expenses, to be
prowded by HDR to the C~ty under Phase IV and Phase V of the ProJect, pursuant to th~s
Amended Agreement Number Slx, are in the aggregate, an amount not to exceed $26,000 00
IV
In all other respects, the terms and condmons of the Agreement, as executed by the City
and HDR on June 15, 1993, and as thereafter amended by Amendments Number One, Two,
Three, Four and F~ve thereto, shall remmn in full rome and effect
IN WITNESS WHEREOF, the Cxty 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
.~ E~XECU~ED an quadruphcate ong~nal counterparts this the /~-~'~-day of
~.~/~_, 1998 CITY OF DENTON, TEXAS
BY ~R
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
ITS
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