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
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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
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