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1997-101A \HDR40RD ORDinANCe. NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER FOUR TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF DENTON SANITARY LANDFILL DEVELOPMENT RELATING TO PHASE III AND PHASE IV THEREOF; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S~CTION I. That the Mayor is authorized to execute Amendment Number Four to the Agreement between the Clty of Denton and HDR Engineering, Inc. for professional engineering services for the City of Denton Sanitary Landfill Development relating to Phase III and Phase IV thereof, a copy of which Amended Agreement Number Four is attached hereto and made a part hereof SECTION II. That the expenditure of funds in an amount not to exceed Two Hundred Ninety Eight Thousand Dollars ($298,000) hereby authorized as specified by Amendment Number Four to the Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED thls the / day of /~~ , 1997 7 ATTEST ~ JENNIFER WALTERS, CITY SECRETARY // APPROVED AS TO LEGAL FORM.' HERBERT L. PROUTY, CITY ATTORNEY AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF DENTON~ TEX~S AND HDR ENGINEERINGt INC. DATED JUNE 15, 1993 WHEREAS, on June 15, 1993 the City of Denton ("City") and HDR Engineering, Inc. ("HDR") entered into an Agreement for Profession- al Engineering Services for the City of Denton Sanitary Landfill Initial Site 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; and which was further amended by Amendment No 3, dated February 22, 1996, (the Agreement for Professional Engineering Services for the Sanitary Landfill Inltlal Site Development as amended by Amendments Numbers 1, 2 and 3 are hereinafter collectively called the "Agreement"), and WHEREAS, Sections 1 and 2 of the Agreement dated June 15, 1993 provide 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 its services performed under Phase IV is to be determined and be mutually agreed upon at a later date, and WHEREAS, the City and HDR desire to define the scope of Services for Phase IV and designate fees for professional engineer- lng services for Phase IV in the amount not to exceed $205,400.00, and WHEREAS, the city and HDR are ready to proceed with Phase IV of the city of Denton Sanitary Landfill Initial Site Development, and WHEREAS, the Project has progressed to the stage that a public administrative law hearing will be held before the Texas Natural Resource Conservation Commission ("TNRCC") in the near future relating to the approval of the City's landfill permit The Agreement provides that HDR's participation in the public hearing stage pertaining to the City's landfill permit will be allowable as Additional Servlces under the provisions of Section 2.1 and 2 3 9 of the Agreement, relating to Task 3.7, under Phase III of the Scope of Services appended to the original Agreement dated June 15, 1993; and WHEREAS, the City and HDR have determined that it is necessary and appropriate for HDR to perform additional engineering services for the City relating to the preparation and support for and participation in all TNRCC hearings relating to the approval of the City's landfill permit, and that HDR has proposed, and City believes that a total estimated dally services fee, not to exceed $92,600.00 including expenses, is a reasonable fee, considering all relevant factors; and WHEREAS, the City and HDR, pursuant to the provisions of Section 7.12 of the Agreement, providing for changes and mod- lflcatlons, desire to Amend their agreement to provide for the completlon of Phase IV of the Project and to provide for an agreement for HDR to perform additIonal professional engineering services relating to the public administrative law hearing under Phase III of the Project; NOW THEREFORE, WITN~S SETH~ Pursuant to Section 7.12 (Changes and Modification) of the Agreement, the City and HDR do hereby AGREE as follows 1. The Scope of Services for Phase IV is for construction plans, bid admlnlstratlon, and construction quality assurance associated with Phase IV of the City of Denton Sanitary Landfill Site Development expansion. Thls Amended Agreement provides for an estimated fee for providing these Phase IV services HDR repre- sents that estimates for construction quality assurance, including laboratory testing and survey are based upon recent costs of such subcontracted services for s~mllar projects After plans and specifications are completed, HDR will obtain final estimates of fees for these services from qualified subcontractors 2 The Scope of Services for Phase IV of the Project is hereby established as follows- Construot~on p~.n..~& BDec~flcatlons for Phase One Task One - Construction Plans HDR will begin immediately upon notice to proceed to prepare construction plans for Phase One of the landf~ll expansion area. Construction plans w~ll ~nclude the following e~ght drawings which will be produced in draft form for City review * Cover Sheet * Base Grade, Sequence of Fill, Access to Cell, and Dewaterlng Slurry Wall Alignment * Liner and Leachate Collection System Plan * Liner, Sump and Leachate collection System Details * Access Road Plan, Profile, and Typical Cross-sect~on * North Ditch and Pond, Plan, Profile, and Cross-sections * Dewatering Plan * Erosion Control Plan A meeting will be held with the City at the 80% completion stage to review and discuss the City's written comments on the draft constructIon-level plans Task Two - Construction SpecIfications HDR will prepare construction specifications (Special Condl- Page 2 tlons) for constructlon of Phase One Construction specifica- tions w~ll reflect excavation to be performed by the contrac- tor, lnstallatlon and testing of the llner system in confor- mance with the Soil and Liner Quality Control Plan as approved by TNRCC, leachate collection and removal system, protective cover/ballast, access road, and north drainage ditch and pond Using General Conditions and other standard bid documents provided by the Clty, HDR will assemble a complete set of bid documents. Task Three - Plans and Specifications Revisions, and TNRCC Submittal A total of five copies of the contract documents, plans, and specifications will be prepared and submitted to the City for review and approval at the 100% completion stage Following the review, HDR will incorporate revIsions to the plans, specifications, and contract documents requested by the City The plans and specifications will be submitted to TNRCC No meetlng with TNRCC is anticipated regarding plans and spec- ificatlons. Bid &dministration Task Four - Construction cost Estimate Within approximately two weeks of f~nallz~ng plans and specifi- cations, HDR will prepare an estimate of probable cost of construction based on the construction plans and specifications described above The Construction Specification Institute, Inc. (CSI) format w~ll be used and w~ll include a breakdown of mater~al quantities, unit costs, and totals Unit costs will be based on recent bids received on similar projects that have been made available, as well as any similar projects in the area. Task Five - Prequaliflcatlon of Bidders HDR wlll provide the City a list of construction contractors wlth known Subtitle D landfill liner constructkon experIence This llst will be designed to kdentlfy experIenced landfill cell construction contractors who have demonstrated ability to complete similar projects within the estimated construction period. The list will include contractors who have successful- ly constructed landfill cell designed by HDR zn the past Th~s is not intended to be a comprehensive l~st of all qualified bidders, but rather a list of contractors with successful experience on HDR pro~ects, for the City's use Task Slx - Bid Services HDR will assist the City during the bid process for Phase One Page 3 by performing the following tasks * Prepare a notice to bidders for advertisement * Issue for bid the drawings, specifications, and contract documents and addenda * Respond to questions from bidders for a 30-day period regarding the plans and specification (up to 60 manhours) Assist the City in one pre-bid conference attended by the Chief Design Engineer and Pro~ect Manager to respond to technIcal questions * Consult wlth and advise the City as to the acceptability of substitute materials and equipment proposed by the contrac- tor(s) . * Consult with and advise the C~ty as to the acceptability of contractors proposed by the prime contractor * Assist the City in evaluating bids and in assembling and awarding the contract The city will be responsible for final contractor and subcontractor selection Plans and specifications will be provided to all interested contractors. A non-refundable fee will be charged each contractor to cover reproduction and handling costs for each set of bidding documents. Technical memoranda will be prepared evaluating the acceptability of each contractor bid For cost estimating purposes, it is assumed that up to five b~ds will be evaluated. HDR will assist the C~ty during three meetings including the pre-bid conference, bid opening, and award of contract. The bid opening and award of contract will be attended by one HDR representative Construotion-Related Services For purposes of cost estimated, it is assumed that the duration for the construction of the dewaterlng slurry wall will be three weeks It is assumed that construction of the clay liner, HDPE liner, leachate collection system, protective cover, entrance road, and north ditch and pond will be slx weeks These estimates are based on construction taking place five days per week and ten hours per day. Task Seven - Soil and Liner Evaluation Report Through the use of qualified subcontractor and laboratory, HDR will perform testing and certIfication of the liner system in conformance with the requirements of the approved s~te so~l and Liner Quality Control Plan This Includes full-t~me on-site observation as required, and preparation of a So~l and Liner Evaluation Report (SLER) The SLER will be submitted to TNRCC approximately two weeks after completion of the last clay fit in the liner area. A revised estimate of the cost of this task will be prepared after completion of the design and selection of a qualified subconsultant Page 4 Task Eight - Construction Coordination In addition to liner inspection and testing activities, an HDR representative will visit the site approximately once per week during the entire construction period to observe general compliance with the design plans and specifications and facilitate the smooth progress of the work During these visits, the representative will meet w~th the C~ty to d~scuss pertinent observations Projeot Management and &dmlnxstration In addition to meetings and reports discussed above, monthly progress reports will be provided to the C~ty which address progress to date, budget and schedule status, and any other construction-related concerns A pro]ect kickoff meeting at the City and a site tour, attended by representatives of the City, HDR, the Construction Quality Control subconsultant, and the surveyor w~ll be held to discuss the design and construction of the cell and any h~storlcal facts of the site. Key project issues will be discussed and pertinent maps, drawings, surveys, files, and reports will be transmitted at that time. The cost of this ongoing activity IS integrated into the costs of the previous tasks. 3. The following are the anticipated deliverables associated with the Scope of Services for Phase IV of the Project are * Three sets of draft construction Plans, consIsting of the following eight drawings 1. Cover Sheet 2. Base Grade, Sequence of Fill, Access to Cell, and Dewatering Slurry Wall Alignment 3. Liner and Leachate Collection System Plan 4. Liner, Sump, and Leachate CollectIon System Details 5 Access Road Plan, Profile, and Typical Cross-sec- tlons 6. North Ditch and Pond Plan, Profile, and Cross- sections 7 Dewaterlng Plan 8 Erosion Control Plan * One set of draft bid documents * Five sets of final plans and b~d documents * Estimate of Probable Construction Cost * L~st of construction contractors Page 5 * Notlce to Bidders * Addenda if required * Bid Evaluations for up to five b~dders * Soil and Liner Evaluation Report * Weekly construction quality assurance budget reports * Contractor pay estimates verifications * As-built documentation * Monthly Progress Reports * Project Kickoff Meeting Notes 4. The total estimated professional fees for services provided under Phase IV of this Amended Agreement are in an amount not to exceed $205,400 00. The foregoing estimated fee is based on the formula for calculation of compensation on a per-diem basis provided in HDR's current contract for permitting Costs associated with subconsultant services, including liner testing and certifica- tion and surveying, are estimates subject to revision Plans and Specifications $ 61,740 Bid Administration $ 13,830 Construction Phase (HDR) $ 19,830 Construction Phase (SLER) $110,000 TOTAL $205,400 5 The Scope of Services for Phase III of the Project, relating to Task 3.7 of the Scope of Services of the original June 15, 1993 Agreement, ~s hereby amended by adding the following services as Additional Services to the Agreement. Services relatlng to the administrative hearing before TNRCC respecting the city's landflll expansion permit will involve tasks which w~ll require approximately 860 man-hours for HDR personnel, resulting in an estimated total dally services fee not to exceed $92,600 00, including expenses HDR expects to perform the following tasks incident to the above hearing before the TNRCC A. Document collection and review, B. Preparation for and attendance at a preliminary hearing, C. Preparation for and attendance at an evldentlary hearing, D. Expert testimony at the hearings; E. Assistance to the City regarding post-hearing matters, F. Travel to Austin, Texas (assuming two days of hearings in Austin, Texas), G. Travel to Denton, Texas, H. Asslstance and support respecting the preparation of exhibits, graphic materials and displays for the prelimi- nary and evldentlary hearings, Page 6 I. Printing expenses; and J. Miscellaneous direct expenses relating to the above tasks 6 The total estimated professional fees for Additional Services provided under Phase III of this Amended Agreement are in an amount not to exceed $92,600 00. 7. The total estimated professional fees for services provided by HDR to City under Phase IV and Phase III under this Amended Agreement are in the aggregate, ~n an amount not to exceed $298,000.00. 8. In all other respects, the terms and conditions of the Agreement, as executed by the City and HDR on June 15, 1993, as amended by Amendments Number 1, 2 and 3 thereto, shall remain ~n full force and effect EXECUTED this the /~ day of ~ , 1997 CITY OF DENTON, TEXAS BY JACK~ ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~OVED AS TO LEGAL FORM. HERBERT L. PROUTY, CITY ATTORNEY Page 7 HDR ENGINEERING, INC WILLIAM R HINDMAN, P E Senior Vice PresIdent ATTEST: j \WPDOCS\K\HDRAMD K Page 8