1993-113E:\WPD0CS\0RD\RDR.0 Amendment
1 -
Ordinance
No.
94-036
Amendment
2 -
Ordinance
No.
95-102
Amendment
3 -
Ordinance
No.
96-040
Amendment
4 -
Ordinance
No.
97-101
Amendment
5 -
Ordinance
No.
98-191
Amendment
6 -
Ordinance
No.
98-257
ORDINANCE NO. 3 °113_
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFES-
SIONAL ENGINEERING SERVICES FOR THE SANITARY LANDFILL DEVELOPMENT;
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 City Manager is authorized to execute an
Agreement between the City of Denton and HDR Engineering, Inc. for
professional engineering services for the City's sanitary landfill.
SECTION I. That the City Manager is authorized to expend funds
for the above referenced professional services to the engineering
firm of HDR Engineering, Inc. in the amount of $584,025.00.
SECTION II. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the 15'4 day of Im 12 , 1993.
BOB CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR D AS O LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
IDENTIFICATION OF THE PARTIES
DESCRIPTION OF THE PROJECT
SECTION 1--BASIC SERVICES
1.1 Description of Basic Services
SECTION 2--ADDITIONAL SERVICES
2.1 General
2.2 Subcontract Services Provide by Others
2.3 Other Additional Services
SECTION
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
SECTION
4.1
4.2
4.3
4.4
4.5
4.6
4.7
3--OWNER'S RESPONSIBILITIES
Owner's Representative
Provide Existing Data
Provide Standards
Provide Professional Services by Others
Provide Land Surveys
Provide Access
Examine Documents
Provide Environmental Studies
Provide Accounting and Other Services
Provide Advertising
Provide Prompt Notice
Approvals and Decisions
4--PERIODS OF SERVICE
General
Completion of Services
Bidding Phase - Not Used
Construction Phase - Not Used
Changes
Prompt Authorizations
Delay
to Proceed - Not Used
SECTION 5--PAYMENTS TO ENGINEER
5.1 Payment Terms Defined
5.2 Basis and Amount of Compensation for Basic Services
5.3 Basis and Amount of Compensation for Additional Services
5.4 Intervals of Payments Under Lump Sum Basis of Payment
5.5 Other Provisions Concerning Payments
SECTION 6--CONSTRUCTION COST AND OPINIONS OF COST - Not Used
SECTION 7--GENERAL CONSIDERATIONS
7.1
Standard of Care
7.2
Termination
7.3
Reuse of Documents
7.4
Engineer's Liability
7.5
Insurance
7.6
Controlling Law
7.7
Successors and Assigns
7.8
Equal Employment and Nondiscrimination
7.9
Indemnity Agreement
7.10
Construction Procedures
7.11
Authority to Execute This Agreement
7.12
Changes and Modifications
7.13
Severability and Waiver
7.14
Extent of Agreement
APPENDICES
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: OWNER'S AUTHORITY TO EXECUTE THIS AGREEMENT
EXHIBIT C: ENGINEER'S AUTHORITY TO EXECUTE THIS AGREEMENT
AGREEMENT
BETWEEN
CITY OF DENTON, TEXAS
AND
HDR ENGINEERING, INC.
FOR
PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made as of this 15th day of June, 1993, between City of Denton,
Texas, with principal offices at 215 East McKinney Street, Denton, Texas, 76201,
hereinafter referred to as "OWNER", and HDR Engineering, Inc., with offices at 12700
Hillcrest Ste 125, Dallas, Texas, 75230, hereinafter referred to as "ENGINEER," for
engineering and professional services related to an integrated municipal solid waste
management system, hereinafter called the "PROJECT."
OWNER and ENGINEER, in consideration of the mutual covenants contained herein,
agree as follows:
SECTION 1 - BASIC SERVICES
1.1 Description of Basic Services
1.1.1 ENGINEER's basic services and responsibilities are described as follows and are
further defined in the Appendix, Exhibit A, "Scope of Services," which is made part of
this Agreement as if fully set forth herein.
1.1.2 ENGINEER shall provide professional services to OWNER as hereinafter
provided. These services will include providing professional engineering consultation
and advice and furnishing civil, structural, mechanical, electrical, and solid waste
engineering services and related architectural and engineering services incidental
thereto.
SECTION 2 - ADDITIONAL SERVICES
2.1 General
The following Additional Services are not included in the Basic Services. They shall be
provided if authorized or confirmed in writing by the OWNER, and shall be paid for by
the OWNER as provided in this Agreement, in addition to compensation for Basic
Services.
2.2 Subcontract Services Provided by Others
ENGINEER shall coordinate the services of outside professionals who are under direct
contract to the OWNER as Basic Services. However, if requested and authorized as
Additional Services by the OWNER in writing, ENGINEER will provide for outside
professional services on a subcontract basis and ENGINEER shall be compensated as
mutually agreed upon between the OWNER and ENGINEER as set forth in this
Agreement. Examples of such services include but are not limited to, land surveys,
aerial photography, topographic mapping, soil drilling and sampling, geotechnical
laboratory services, analytical laboratory services, archaeological services and others.
Denton - 1 June 15, 1993
2.3 Other Additional Services
When requested and authorized by the OWNER, ENGINEER shall perform the following
additional services and shall be paid by the OWNER as provided in this Agreement, in
addition to compensation for Basic Services:
2.3.1 Performing Services resulting from significant changes in the general scope,
extent or character of the PROJECT or its design including, but not limited to, changes
in size, complexity, OWNER's schedule, character of construction or method of
financing, reviews of redesigns, revising previously accepted studies, reports, design
documents or Contract Documents when such revisions are required by changes in
laws, rules, regulations, regulatory interpretation, ordinances, codes or orders enacted
subsequent to the preparation of such studies, reports or documents, or are due to any
other causes beyond ENGINEER's control. This includes those services resulting from
the incorporation into ENGINEER's services of the information required by Paragraph
3.2 which is furnished to Engineer after the stated time schedule.
2.3.2 Conducting bid administration services for contracted construction activities.
Preparing documents of alternate, separate, or sequential bids or providing extra
services in connection with bidding, negotiation or construction. Providing bid
administration services or extra services in connection with bidding, negotiation, or
construction prior to the completion of the Permit Application and Landfill Design, when
requested by the OWNER.
2.3.3 Providing any type of property surveys or related engineering services needed for
the transfer of interests in real property and field surveys for design purposes and
engineering surveys and staking; and providing other special field surveys, except as
described in Exhibit A.
2.3.4 Preparing applications and supporting documents for private or governmental
grants, loans or advances in connection with the PROJECT, preparing or reviewing
environmental impact statements and assessments, reviewing and evaluating the effect
on the design requirements of the PROJECT of any such statements and documents
prepared by others and assisting in obtaining the approval of authorities having juris-
diction over the PROJECT.
2.3.5 Performing services to make measured drawings of, or to investigate existing
conditions or facilities, or to verify the accuracy of drawings or other information
furnished by OWNER.
2.3.6 Providing project scheduling services.
2.3.7 Preparing documents for alternative proposals requested by OWNER for
Contractor's Work which is not executed or documents for out-of-sequence work.
2.3.8 Assisting the Owner with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services.
2.3.9 Preparing to serve or serving as a consultant or witness for OWNER in any
hearing, litigation, arbitration or other legal or administrative proceeding involving the
PROJECT except as provided as Basic Services.
2.3.10 Performing services in connection with work directive changes and change
orders to reflect changes requested by OWNER.
Denton • 2 June 15, 1993
2.3.11 Not Used
2.3.12 Performing services during construction except as provided in Basic Services.
2.3.13 Performing additional Services in connection with the PROJECT, including
services which are to be furnished by OWNER in accordance with Section 3, and
services not otherwise provided for in this Agreement.
SECTION 3 - OWNER'S RESPONSIBILITIES
So as not to delay the services of ENGINEER, OWNER shall do the following in a timely
manner:
3.1 Owner's Representative
Designate in writing a person to act as OWNER's representative with respect to services
to be rendered under this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define OWNER' policies and
decisions with respect to ENGINEER's services for the PROJECT.
3.2 Provide Existing Data
Provide to ENGINEER existing data, plans, reports and other information known to, in
possession of, or under control of OWNER which are relevant to the execution of
ENGINEER's duties on the PROJECT. Also, provide all criteria and full information as
to OWNER's requirements for the PROJECT, including design criteria, objectives and
constraints, space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations and furnish copies of all design and construction standards
which OWNER will require to be included in the Construction Plan and Specifications.
3.3 Provide Standards
Provide within thirty (30) days after authorization to proceed with preparation of
Construction Plan and Specifications, specific OWNER furnished Standard Details,
Standard Specifications, or Standard Bidding Documents which are to be incorporated
into the PROJECT. The OWNER agrees to bear total responsibility for technical
accuracy and content of OWNER-furnished documents.
3.4 Provide Professional Services by Others
Furnish the services of a driller, geotechnical laboratory, aerial photographer, analytical
laboratory, land surveyor, topographer, or other consultants when such services are
deemed necessary by ENGINEER. Such services shall include without limitation,
borings, probings and subsurface explorations, hydrographic surveys, laboratory tests
and inspections of samples, materials and equipment, with reports and appropriate
professional recommendations.
3.5 Provide Land Surveys
Provide land surveys to include property, boundary, easement, right-of-way, topographic
and utility surveys, property descriptions, zoning, deed or other land use restrictions.
Denton - 3 June 15, 1993
3.6 Provide Access
Arrange for access to, and make all provisions for, ENGINEER or ENGINEER's
Subconsultants to enter upon public and private property as required for ENGINEER and
ENGINEER's Subconsultants to perform services under this Agreement.
3.7 Examine Documents
Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor
and other consultants as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
3.8 Provide Environmental Studies
Provide, if necessary, Environmental Assessments, or Environmental Impact Statements
related to the PROJECT. Furnish approvals and permits from all governmental
authorities having jurisdiction over the PROJECT and approvals and consents from
others as may be necessary for completion of the PROJECT.
3.9 Provide Accounting and Other Services
Provide accounting, independent cost estimating and insurance counseling services as
may be required for the PROJECT, legal services as OWNER may require or
ENGINEER may reasonably request with regard to legal issues pertaining to the
PROJECT including any that may be raised by Contractor, auditing service as OWNER
may require to ascertain how or for what purpose any Contractor has used the monies
paid under the construction contract, and inspection services as OWNER may require to
ascertain that Contractor is complying with any laws, rules, regulations, ordinances,
codes or orders applicable to his furnishing and performing the Work.
3.10 Provide Advertising
Advertise for proposals from bidders if applicable, open the proposals at an appointed
time and place, and pay for all costs incidental thereto.
3.11 Provide Prompt Notice
Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any condition that affects the scope or timing of ENGINEER's
services.
3.12 Approvals and Decisions
At no cost to ENGINEER, provide the above data and services and shall render
approvals and decisions as is necessary for the orderly progress of ENGINEER's
services. ENGINEER shall be entitled to rely upon the accuracy and completeness of all
information and services provided by OWNER or at OWNER's direction.
Denton - 4 June 15, 1993
SECTION 4 - PERIODS OF SERVICE
4.1 General
The rates of compensation for ENGINEER's services provided for in this Agreement
have been arrived at in anticipation of the orderly and continuous progress of the
PROJECT through completion of the Services contained herein. ENGINEER's obligation
to render services hereunder will extend for a period which may reasonably be required
for the performance of ENGINEER's services and any required extensions thereto.
4.2 Completion of Services
ENGINEER's services under each Phase shall be considered complete at the earlier of:
(1) the date when the submissions for that phase have been accepted by OWNER; or
(2) sixty days after the date when such submissions are delivered to OWNER for final
acceptance and if no actions are taken by Owner to indicate disapproval. In each case,
such additional time as may be considered reasonable for obtaining approval of
governmental authorities having jurisdiction to approve the design of the PROJECT shall
be added to that particular Phase.
4.3 Not Used
4.4 Not Used
4.5 Changes
If OWNER requests significant modifications or changes in the general scope, extent or
character of the PROJECT, the time of performance of ENGINEER's services and the
various rates of compensation shall be adjusted equitably.
4.6 Not Used
4.7 Delay
If ENGINEER's design services or service during construction of the PROJECT are
delayed or suspended in whole or in part by OWNER for more than ninety days for
reasons beyond ENGINEER's control, ENGINEER shall on written demand to OWNER
(but without termination of this Agreement) be paid as provided in paragraph 5.5.2. If
such delay or suspension extends for more than one year for reasons beyond
ENGINEER's control, or if ENGINEER for any reason is required to render services for
more than one year after Satisfactory Start-up and Demonstration is achieved under that
contract, the various rates of compensation, including Additional Services, provided for
elsewhere in this Agreement shall be subject to equitable adjustment.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Payment Terms Defined
5.1.1 Direct Labor Cost
Direct Labor Cost shall mean salary and wages at the time services are performed of all
personnel engaged directly on the PROJECT, including, but not limited to, engineers,
architects, scientists, surveyors, designers, draftsmen, specification writers, estimators,
Denton - 5 June 15, 1993
steno, clerical, accounting, and other technical and business personnel but does not
include indirect payroll-related costs or fringe benefits.
5.1.2 Payroll Cost
Payroll Cost shall mean the salary and wages at the time services are performed of all
personnel engaged directly on the PROJECT, including, but not limited to, engineers,
architects, scientists, surveyors, designers, draftsmen, specification writers, estimators,
steno, clerical, accounting and other technical and business personnel; plus the cost of
customary and statutory benefits including, but not limited to, social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health
and retirement benefits, sick leave, vacation, holiday pay and other group employee
benefits. For the purposes of this Agreement, the Payroll Cost is equal to Direct Labor
Costs, multiplied by a factor of 1.35.
5.1.3 Per Diem
Per Diem shall mean an hourly rate equal to Direct Labor Cost times an Overhead
Multiplier of one and seven tenths (1.7) plus Payroll Cost to be paid to ENGINEER as
total compensation for each hour an employee of ENGINEER works on the PROJECT
Reimbursable Expenses will be paid in addition to ENGINEER'S Per Diem
compensation.
5.1.4 Overhead Multiplier
Overhead Multiplier shall mean a factor by which the Direct Labor Cost is multiplied to
compensate for general and administrative overhead. When the basis of compensation
is Per Diem, the Overhead Multiplier includes profit.
5.1.5 Reimbursable Expenses
Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in
connection with the PROJECT, including, but not limited to Subconsultant or
Subcontractor costs times a multiplier of one and one tenth (1.1), transportation and
subsistence incidental thereto, toll telephone calls, express mail and telegrams, courier
services, reproduction of reports, drawings, specifications, bidding documents, and
similar PROJECT-related items in addition to those required under Section 1, and, if
authorized in advance by the OWNER, overtime work requiring higher than regular rates.
In addition, Reimbursable Expenses will also include expenses incurred for computer
time and other highly specialized equipment, including an appropriate charge for
previously established programs and expenses of photographic production techniques.
5.1.6 Lump Sum
Lump Sum shall mean a fixed amount agreed upon in advance, subject to modifications
and amendments, for services rendered.
5.2 Basis and Amount of Compensation for Basic Services
5.2.1 Phase One. These services will be performed as Additional Services. Scope of
Services and Compensation to be mutually agreed upon at a later date by amendment
to this agreement.
Denton - 6 June 15, 1993
5.2.2 Phases Two, Three, Four, Five, and Six. Compensation shall be on a Per Diem
basis. For budgetary purposes, the total fee for these services is estimated to be as
shown below.
Phase Two - One hundred, ten thousand, seven hundred fifty-five dollars ($110,755).
Phase Three - Four hundred, seventy-three thousand, two hundred seventy dollars
($473,270).
Phase Four - To be determined.
Phase Five - To be determined.
Phase Six - To be determined.
Total compensation for Per Diem phases shall be determined based on the following
formula:
(Direct Labor Cost x 1.70) + (Payroll Cost) + (Reimbursable Expense, not including
Subconsultant or Subcontract Costs) + (Subconsultant or Subcontract Costs x 1.1)
5.3 Basis and Amount of Compensation for Additional Services
Compensation for Additional Services shall be on the basis of Per Diem or Lump Sum to
be agreed upon at time of request for Additional Services. An estimate of the fee for
Additional Services will be made at the time the Additional Services are requested.
5.4 Intervals of Payments Under Lump Sum Basis of Payment
5.4.1 Payments to ENGINEER for Basic and Additional Services rendered and
Reimbursable Expenses incurred shall be made once every month by OWNER.
ENGINEER's invoices will be submitted once every month and will be based upon total
services completed at the time of invoices. OWNER shall promptly pay ENGINEER's
invoices.
5.4.2 Not Used
5.4.3 Payments for Additional Services rendered and Reimbursable Expenses incurred
shall be made once every month. ENGINEER's invoices will be submitted once every
month and will be based upon total services completed at the time of billing. OWNER
shall make promptly pay ENGINEER's invoices.
5.5 Other Provisions Concerning Payments
5.5.1 If OWNER fails to make any payment due ENGINEER for services and expenses
within 45 days after receipt of ENGINEER's statement, the amounts due ENGINEER will
be increased at the rate of 1% per month from date of invoice, and in addition,
ENGINEER may, after giving seven days' written notice to OWNER, suspend services
under this Agreement until ENGINEER has been paid in full all amounts due for
services, expenses and charges.
5.5.2 If the PROJECT is suspended or abandoned in whole or in part for more than 30
days, ENGINEER shall be compensated for all services performed prior to receipt of
written notice from the OWNER of such suspension or abandonment, together with
Reimbursable Expenses then due. If the PROJECT is resumed after being suspended
for more than 30 days, ENGINEER's compensation shall be equitably adjusted.
Denton - 7 June 15, 1993
5.5.3 Services performed by ENGINEER at request of OWNER during periods when the
PROJECT is suspended shall be considered Additional Services.
5.5.4 The OWNER's approval, acceptance, use of or payment for all of any part of the
ENGINEER's services hereunder or of the PROJECT itself shall in no way alter the
ENGINEER's obligation or the OWNER's rights hereunder.
5.5.5 OWNER may temporarily delete any disputed items contained in Engineer's
invoice, including items disputed due to lack of supporting documentation, and pay the
remaining amount of the invoice. OWNER shall promptly notify ENGINEER of the
dispute and request clarification and/or remedial action. After any dispute has been
settled, ENGINEER shall include the disputed item on a subsequent regularly scheduled
invoice or on a special invoice for the disputed item only.
5.5.6 In the event of termination of this Agreement by either OWNER or ENGINEER, as
provided in Paragraph 7.2, ENGINEER shall be entitled to payment for Services up to
the time of termination, plus termination expenses. Termination expenses shall include
labor, reimbursable expenses directly attributed to termination, and direct expenses
associated with mobilization and demobilization of ENGINEER's personnel and facilities
and any other costs incurred by Engineer not otherwise reimbursed.
5.5.7 The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts
tax that may be imposed on this Agreement shall be added to the ENGINEER's
compensation as reimbursable expenses.
5.5.8 ENGINEER will keep, and will cause each subcontract design professional and
consultant engaged under this contract to keep, accurate books of record and account,
in accordance with sound accounting principles, of all expenditures made and all costs,
liabilities and obligations incurred under this contract in relation to the engagement and
payment of all subcontract design professionals and consultants, and in relation t any
services performed for which additional compensation will be claimed. Those mentioned
accounts shall be available, upon reasonable and authorized request, to the comptroller
of the OWNER or their representatives for examination and audit.
5.5.9 Records of ENGINEER's Payroll Costs and Reimbursable Expenses pertinent to
ENGINEER's compensation for Additional Services under this Agreement will be kept in
accordance with generally accepted accounting principles. Upon request, copies will be
made available to OWNER prior to final payment for ENGINEER's services.
5.5.10 Whenever a factor is applied to Direct Labor Costs for determining compensation
payable to ENGINEER, that factor will be adjusted periodically and equitably to reflect
changes in the various elements that comprise such factor. All such adjustments will be
in accordance with generally accepted accounting principles as applied on a consistent
basis by ENGINEER and consistent with ENGINEER's overall compensation practices
and procedures.
SECTION 6 - Not Used
Denton - 8 June 15, 1993
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Standard of Care
ENGINEER shall perform all services under this Agreement in a manner which is
consistent with generally accepted standards of professional engineering practice.
7.2 Termination
7.2.1 This Agreement may be terminated in writin.9 by either party in the event of
substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party. However, no termination for default may be initiated
unless the other party is given a ten (10) calendar day period to correct any alleged
failure after written notice (delivery by certified mail, return receipt requested) of intent to
terminate.
7.2.2 This Agreement may be terminated in writing (delivered by certified mail, return
receipt requested) by OWNER for its convenience.
7.2.3 Upon any termination, ENGINEER shall: (1) promptly discontinue all Services
affected (unless a termination notice from OWNER directs otherwise); and (2) upon full
payment for services, deliver or otherwise make available to OWNER all documents,
data, drawings, specifications, reports, estimates, summaries, and such other information
and materials as may have been accumulated by ENGINEER in performing, this
Agreement, whether completed or in process. All payments due ENGINEER at
termination shall be made as provided in paragraph 5.5.6.
7.3 Reuse of Documents
7.3.1 All documents, including Drawings and Specifications prepared or furnished by
ENGINEER pursuant to this Agreement, are instruments of service with respect to the
PROJECT and ENGINEER shall retain an ownership and property interest therein
whether or not the PROJECT is completed. OWNER may make and retain copies for
information and reference in connection with the use and occupancy of the PROJECT by
OWNER and others; however, such documents are not intended or represented to be
suitable for reuse by OWNER or others on extensions of the PROJECT or on any other
PROJECT. Any reuse without written verification or adaptation by ENGINEER for the
specific purpose intended will be at OWNER's sole risk and without liability or legal
exposure to ENGINEER, and OWNER shall defend, indemnify and hold harmless
ENGINEER from all claims, damages, losses and expenses including attorneys' fees
arising out of or resulting therefrom. Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
7.4 Engineer's Liability
ENGINEER shall, without additional compensation, correct or revise any errors or
deficiencies in the final designs, drawings, specifications and other services ENGINEER
performs hereunder. ENGINEER shall be responsible for actual costs of any corrective
construction and repair work necessary as the result of negligent acts or omissions of
ENGINEER. Notwithstanding, neither OWNER or ENGINEER shall be liable for any
claim for consequential damages, loss of use or loss of profits incurred regardless of
whether such claim is based upon alleged breach of contract, willful misconduct or
negligent act or omission, whether professional or non-professional, of OWNER or
Denton - 9 June 15, 1993
ENGINEER or their employees, agents, or subcontractors. ENGINEER'S liability to
OWNER shall be in a reasonable amount, not to exceed the total compensation paid to
ENGINEER absent willful misconduct. In the event of willful misconduct, such liability
shall not exceed two times ENGINEER'S total compensation.
7.5 Insurance
7.5.1 ENGINEER shall procure and maintain insurance for protection from claims under
workers' compensation acts, employer's liability claims, claims for damages because of
bodily injury, including personal injury, sickness or disease or death of any and all
employees, or of any person other than such employees, and from claims or damages
because of injury to or destruction of property, including loss of use resulting therefrom.
During the performance of the Services under this agreement, ENGINEER shall maintain
the following insurance:
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 Liability Insurance with 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 accident.
C. Worker's Compensation Insurance in accordance with statutory requirements and
Employer's Liability Insurance with limits 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. Umbrella Insurance providing not less than $1,000,000 limits in excess of the limits
stated in items A through D. Such policy shall name the OWNER as an additional
insured, except for Worker's Compensation and Professional Liability
(subparagraph C and D above).
7.5.2 ENGINEER shall maintain professional liability insurance for protection against
claims arising out of performance of services under this Agreement caused by negligent
acts, errors, or omissions for which ENGINEER is legally liable.
7.6 Controlling Law
This Agreement is to be governed by and construed in accordance with the laws of the
State of Texas.
7.7 Successors and Assigns
7.7.1 The parties hereby bind their respective partners, successors, executors,
administrators, legal representatives and, to the extent permitted by paragraph 7.7.2.,
their assigns, to the terms, conditions and covenants of this Agreement.
7.7.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under
or interest in this Agreement (including, but without limitation, monies that may become
Denton -10 June 15, 1993
due or monies that are due) without the written consent of the other, except to the extent
that any assignment, subletting or transfer is mandated by law or the effect of this
limitation may be restricted by law.
7.7.3 Unless specifically stated to the contrary in any written consent to an assignment,
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER
from employing such independent professional associates, subcontractors and
consultants as ENGINEER may deem appropriate to assist in the performance of
Services.
7.7.4 Except as may be expressly stated otherwise in this Agreement, nothing under
this Agreement shall be construed to give any rights or benefits in this Agreement to
anyone other than OWNER and ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
OWNER and ENGINEER and not for the benefit of any other party.
7.8 Equal Employment and Nondiscrimination
In connection with the Services under this Agreement, ENGINEER agrees to comply
with the applicable provisions of State and Federal Equal Opportunity statutes and
regulations.
7.9 Indemnity Agreement
7.9.1 Hazardous Waste Provision
Barring any intentional wrongful acts or negligence, in no event shall Consultant be
considered the OWNER or operator of any property or facility on which it performs
services under this Agreement for CERCLA or similar State environmental laws.
7.9.2 HDR hereby agrees to protect, indemnify, defend and hold harmless the OWNER,
its officers, agents, servants and employees (hereinafter individually and collectively
referred to in this Section 7.9.2 as "Indemnitees"), from and against damages, suits,
actions, claims, losses, judgments, liability or damage of any character, and from and
against costs and expenses, including attorney fees, arising out of injury to or disease,
sickness, accident, or death of any person, or actual or threatened damage to property,
including the loss of use resulting therefrom, caused by or arising from any willful
misconduct or any negligent act, error, or omission of HDR, its officers, employees,
servants, agents or subcontractors, or anyone else under HDR's direction and control, or
any breach or threatened breach of this Agreement by HDR, its officers, employees,
servants, agents or subcontractors, or any else under HDR's direction and control. In
the event one or more of the Indemnitees is determined by a court of law to be jointly or
derivatively negligent or liable for such damage or injury, HDR shall be obligated to
indemnify the Indemnitees as provided herein on a proportionate basis in accordance
with the final judgment, after all appeals are exhausted, determining such joint or
derivative negligence or liability (during the pendency of any appeal, HDR shall pay the
Indemnitee's attorneys fees and expenses related to the appeal on a proportional basis
in accordance with the judgment from which the appeal is taken, subject to adjustment
after all appeals have been exhausted).
HDR is not responsible for the actions of the OWNER's contractor to perform the
construction of the improvements covered under this Agreement.
Denton -11 June 15, 1993
Acceptance and approval of the final plans by the OWNER shall not constitute nor be
deemed a release of this responsibility or of liability of HDR, its employees, associates,
agents and consultants for the accuracy or competency of their designs, working
drawings and specifications, or other documents and work; nor shall such approval be
deemed to be an assumption of such responsibility by the City for any defect in the
designs, working drawings and specifications, or other documents prepared by HDR, its
employees, contractor, agents and consultants.
7.9.3 HDR agrees that it is an independent contractor and not an agent of the OWNER,
and that HDR is subject, as an employer, to all applicable unemployment compensation
statutes, so as to relieve the OWNER of any responsibility or liability from treating HDR's
employees as employees of the OWNER for the purpose of keeping records, making
reports or payments of unemployment compensation taxes or contributions. HDR further
agrees to indemnity and hold the Indemnitees harmless and reimburse them for any
expenses or liability incurred under said statutes in connection with employees of HDR.
7.9.4 HDR shall protect, indemnity, defend and hold harmless the Indemnitees, and
hold the Indemnitees' premises harmless, from and against any and all claims, suits or
liens, and from and against costs and expenses, including attorneys fees, based upon or
alleged to be based upon the non-payment of labor, tools, materials, equipment,
supplies, transportation and management costs incurred by HDR in performing this
Agreement.
7.10 Construction Procedures
ENGINEER shall not specify construction or service-related procedures and shall not
manage, supervise, control or have charge of construction, nor shall ENGINEER
implement or be responsible for health or safety procedures. ENGINEER shall not be
responsible for the acts or omissions of contractors or other parties on the PROJECT
and shall not be responsible for construction means, methods, techniques, sequences,
or procedures, nor safety precautions or programs. ENGINEER's monitoring or review
of portions of the Work performed under construction contracts shall not relieve the
Contractor from its responsibility for performing the Work in accordance with applicable
contract documents.
7.11 Authority to Execute This Agreement
OWNER and ENGINEER shall each attach authorization from its governing body
authorizing, the execution of this Agreement. Attachments shall be Exhibit B for OWNER
and Exhibit C for ENGINEER.
7.12 Changes and Modifications
The parties agree that no change or modification to this Agreement, or any attachments
hereto, shall have any force or effect unless the change is reduced to writing, dated, and
made a part of this Agreement. The execution of the change shall be authorized and
signed in the same manner as this Agreement.
7.13 Severability and Waiver
In the event any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions shall continue to be valid and binding upon the parties. One or
more waivers by either party of any provision, term, condition or covenant shall not be
construed as a waiver of a subsequent breach of the same by the other party.
Denton -12 June 15, 1993
7.14 Extent of Agreement
This Agreement, including all Exhibits, and any and all amendments, modifications, and
supplements duly executed by the parties in accordance with this Agreement, govern
and supersede any and all inconsistent or contradictory terms, prior oral or written
representations or understandings, conditions or provisions set forth in any purchase
orders, requisition, request for proposal, authorization of services, notice to proceed or
other form or document issued by OWNER with respect to the PROJECT or
ENGINEER's services.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
HDR ENGINEERING, INC.
"ENGINE/ER" p~
By:
Name: William R. Hindman, P.E.
Title: Senior Vice President
Address: 12700 Hillcrest, Ste 125
Dallas, Texas 75230
Witnessed: /J
EXHIBIT A SCOPE OF SERVICES
ENGINEERING AND PROFESSIONAL SERVICES
RELATED TO AN
INTEGRATED MUNICIPAL SOLID WASTE MANAGEMENT SYSTEM
CITY OF DENTON, TEXAS
June 15, 1993
The following Scope of Services is a proposed approach for establishing an integrated
municipal solid waste management program for the City of Denton, Texas. It includes
completion of the Preliminary Master Plan for Municipal Solid Waste completed by HDR in
April 1993, addressing the continued operation of the current City of Denton landfill, and
implementation of a new landfill on property adjoining the current landfill site. These major
aspects of the work effort are outlined as three separate phases for clarity and organization.
The scheduling for the three phases may overlap somewhat.
Opportunities for review and adjustment of the Scope of Services will be provided periodically
throughout the course of this program, which is expected to encompass a timeframe of
several years. The Project will be initiated with a project kickoff meeting at HDR with
appropriate City Staff and outside professionals to discuss project objectives, procedures,
coordination and concerns. Ongoing project management functions will include attending six
monthly status meetings at HDR's offices and six monthly status meetings in Denton.
Additional monthly status meetings will be provided as additional services. Internal project
team meetings will be conducted on a weekly basis with appropriate HDR staff.
Project management will include maintaining project communication and coordinating the
activities of the project team including outside professionals and City staff. The Project
Manager will monitor and control project scope, budget, and schedule; prepare appropriate
project accounting and monthly invoices; monitor and project staffing requirements; and
identify tasks appropriate for City staff to accomplish. HDR will make up to three formal
presentations to City Council or other City staff and officials to communicate project status.
The Project Manager will maintain frequent day-to-day contact with the Engineering
Administrator or his designated representative. The cost for project management and
administration represents a one-year period and is incorporated in the costs of Phase Two
and Phase Three. Additional cost for project management will be authorized at the end of
one year.
Denton A-1 June 15, 1993
The two major phases of the work described above are considered the primary work efforts.
However, as an outgrowth of the planning process, assistance with other phases of an
integrated system may be indicated. Examples of such other services are mentioned as
possible subsequent phases. These subsequent phases will be defined in more detail at a
later time if appropriate. The City may or may not authorize each of these subsequent
phases at their discretion. HDR will not proceed with any Phase without written
authorization.
It is recognized that the Scope of Services is developed as outlined herein based on a
presumed understanding of Texas Water Commission (TWC) Regulations which are currently
in proposed form. These regulations may be modified prior to final publication and
implementation. Furthermore, the regulation of municipal solid waste is a new responsbility
of the current regulatory agency, the TWC. The regulatory program is in a state of transition
as it is being established under the jurisdiction of a new regulatory body. The proposed
regulations have not yet been addressed in Texas. Regulatory interpretation has yet to be
fully formulated.
Project uncertainty is also high due to a lack of comprehensive geotechnical and
hydrogeologic data on the proposed landfill propoerty. Although a preliminary geotechnical
investigation was conducted by others on a portion of the proposed property in 1989, this
investigation was solely to evaluate the general feasibility of one tract for future landfill
development based on regulatory requirements at that time. A more comprehensive
investigation of the entire property under consideration is essential prior to developing basic
design concepts.
The following Scope of Services and associated manhour and fee estimates are preliminary
in nature. They are based on a general understanding of proposed regulations, developing
regulatory interpretation and policies, and recent experience in the design and permitting of
other landfills in Texas. The items in the Scope of Services will be reviewed and revised
throughout the course of the project. Furthermore, the level of services necessary to fulfill
the requirements of each task will be established with the concurrence of City Staff as the
project proceeds. Therefore, it will be necessary to review and revise the estimated
manhours and cost periodically. Monthly status reports will be used to call attention to
changing project requirements as appropriate.
Manhours and fees are presented in three categories. Those tasks which are currently
believed to be addressed adequately in previous work or are not applicable are indicated as
"Not included in this Scope of Work." Those tasks which can be reasonably well defined at
this time have "Estimated Manhours and Fees" indicated. Those tasks which cannot be
adequately defined prior to further site investigation or definitive regulatory interpretation, or
both, reflect "Preliminary Manhour and Fee Estimates."
Denton A-2 June 15, 1993
PHASE ONE - COMPLETION OF THE PRELIMINARY MASTER PLAN FOR
MUNICIPAL SOLID WASTE
This Phase to be completed as Additional Services with the Scope of Services and Fee
Basis to be mutually agreed upon at a later date.
PHASE TWO - ADDRESSING THE CURRENT LANDFILL RELATIVE TO SUBTITLE D
AND STATE REQUIREMENTS
It will be necessary to address the current landfill in order to comply with regulatory
requirements pursuant to Subtitle D of RCRA and new Texas Water Commission (TWC)
regulations. The submittals addressed in Tasks 2.1 through 2.16 must be submitted into the
landfill operating record prior to October 9, 1993 if the landfill is to stay in operation after that
date. It is assumed that it will not be necessary to reissue submittals which are already
provided in the current permit documentation for the site. Those items which are already
addressed and are, therefore, excluded from this Scope of Services are indicated as "Not
Included in this Scope of Work." Those items which are addressed in the current permit
documentation, but which may need to be updated or provided in more detail are indicated
under "Preliminary Manhour and Fee Estimates." Such items will be reviewed and guidance
will be obtained from the TWC regarding the necessity to readdress these items. If it is
determined that additional work will be required in order to fulfill regulatory requirements
regarding these submittals, the Scope of Services will be revised at that time to reflect any
necessary modifications to the original scope. Those items which clearly are not provided
in previous permit documentation are indicated under "Estimated Manhours and Fees."
Denton A-3 June 15, 1993
Submittals to TWC regarding operation of permitted sites after October 9, 1993 may be made
separately. It is proposed that each submittal be provided to TWC immediately upon
completion in order to expedite regulatory review.
In addition, it will be necessary to ensure that the current operation will yield the maximum
possible disposal capacity while the proposed landfill is being designed and permitted.
Phase Two includes both of these activities.
Task 2.1 - Site Operating Plan Not Included Preliminary Estimated
In this Scope M and Manhours and
Wnrlr Fop e Fgfi e/im~}ne Fnna
Prepare a Site Operating Plan which includes the n1
following.
■ Job descriptions for landfill personnel
■ Landfill operation procedures
■ Procedures for the detection and prevention of
acceptance of hazardous wastes
■ Fire Protection Plan
■ Groundwater Sampling and Analysis Plan,
including the following.
■ Definition of background water quality
■ Sample collection and handling procedures
■ Groundwater elevation measurement
procedures
■ Statistical & analytical methods to be used
for determining groundwater sampling
results
■ Outline the sampling frequency
requirements for the Detection Monitoring
program
■ Lab & QA/QC Procedures
F 64 MH
($5800)
-1 1
76 MH
($6300)
Denton A-4 June 15, 1993
Task 2.2 - Site Development Plan Not Included Preliminary Estimated
in this Scope r and Manhours and
Wnrlt FAuP AP F¢afi 4im¢4u¢ Fua¢
Prepare a Site Development Plan which includes of
the following.
■ Landfilling method
■ All-weather provisions
■ Access control
■ Rate of waste deposition
■ Information on design features which
function to prevent discharges
Task 2.3 - Site Layout Plan
Prepare a Site Layout Plan which includes the
following.
■ A constructed map showing:
■ Outline of units and fill sectors
■ General sequence of fill
■ Location of all roadways
■ Location of monitor wells and
buildings
■ Generalized design of all site entrance
roads
Task 2.4 - Fill-Cross Sections
Prepare fill-cross sections to show the following.
■ Top of levee (not applicable)
■ Top of proposed fill
■ Top of waste
■ Bottom of excavation
■ Monitoring wells
■ Water levels
■ Construction/design details of perimeter and
toe berms (not applicable)
■ Side slopes
■ Gas vents
■ Maximum fill elevation
■ Top of final cover
✓
16 MH
($1360)
24 M H
($1500)
28 MH
-J ($2250)
F 16 MH
-J ($1130)
Denton A-5 June 15, 1993
Not Included Preliminary Estimated
in this Scope Manhour and Manhours and
of Wnrh Fna Fafimafaa Fuca
Task 2.5 - Contour Map
Prepare a constructed map that shows the
following.
■ Contours existing prior to work on the site
■ Location and quantity of surface water ✓
drainage entering/exiting the site ✓
■ Outline the area within the 100-year
floodplain ✓
Task 2.6 - Geology Report
Prepare a geology report that includes the
following.
■
Discussion of regional physiography and
topography including land slope, water
bodies and facility maximum and minimum
elevations
■
Description of regional geology
✓
■
Description of geologic processes in the
✓
area, i.e. faults, erosion, and wetland areas
■
Description of regional aquifers
✓
■
Subsurface investigation report (borings)
✓
■
Description of geotechnical properties of
✓
subsurface soils
■
Groundwater investigation report describing
64 MH
water levels in the area and likely pollutant
($4600)
migration pathways
■
Description of groundwater monitoring
✓
system including engineering drawings of
typical monitoring well and well elevation
data
Denton A-6 June 15, 1993
Not Included Preliminary Estimated
in this Scope Manhour and Manhours and
of Wnr4 PAP Fafim2fna Fnea
Task 2.7 - Groundwater Protection and Drainage
Plan
Prepare a Groundwater Protection and Drainage
Plan that includes the following.
■ Diagrams showing the locations, details, and
typical cross-sections of the following.
■ levees (not applicable)
■ dikes (not applicable)
■ drainage channels
■ culverts
■ holding ponds
■ leachate collection system (not applicable)
■ Drawing showing drainage areas and provide
drainage calculations
■ Delineation of 100-year floodplain (included in
Task 2.16)
■ Drainage and run-off control analysis
■ Flood control and analysis
■ Drawing showing cross-sections or elevations
of levees tied into contours (not applicable)
Task 2.8 - Final Contour Map
Prepare a final contour map showing the final
elevation contours of the landfill, drainage
directions, and side slopes
Task 2.9 - Cost Estimates for Closure and Post-
Closure Care
Prepare detailed cost estimates for the following.
■ The cost of hiring a third party to close the
landfill at any time during the life of the
landfill
■ The cost of hiring a third party to conduct
post-closure care, including both annual
and periodic costs
128 MH
J ($12,000)
62 M H
($4600)
J
Denton A-7 June 15, 1993
Not Included Preliminary Estimated
In this Scope Manhour and Manhours and
n/ Wnr4 FAO Fafimnfac Faaa
Task 2.10 - Soil and Liner Quality Control Plan
Prepare a Soil and Liner Quality Control Plan to
address the following.
■ Construction method for soil liner
■ Installation and testing of flexible
membrane liner
■ Testing frequency and procedure
■ Definition of Soil and Liner Evaluation
Report and Flexible Membrane Liner
Evaluation Report contents
Task 2.11 - Final Closure Plan
Prepare a Final Closure Plan that includes the
following.
■ Description of final cover
■ Estimate of largest area ever requiring final
cover
■ Estimate of the amount of waste on-site at
final closure
■ Written cost estimate (same as one
prepared for Task 2.9)
Task 2.12 - Post-Closure Care Plan
Prepare a plan for Post-Closure Care that includes
the following.
■ Description of monitoring and maintenance
activities
■ Name of responsible person for post-
closure care
■ Description of planned use for area during
post-closure care
■ Written cost estimate (same as one
prepared for Task 2.9)
64 MH
($6180)
J
I
44 M H
($3300)
J
Denton A-8 June 15, 1993
Not Included Preliminary Estimated
in this Scope Manhour and Manhours and
of Wnrk Fee FcHmefee Fens
Task 2.13 - Landfill Gas Management Plan
Prepare a plan that addresses Landfill Gas
Management by including the following.
■ Description of routine monitoring system
■ Specification of landfill gas control system
■ Back-up plan for use if primary control
system fails
Task 2.14 - Applicant's Statement
Prepare a statement for the signature of the
applicant which specifies that the applicant has
read the prepared plans and agrees to operate the
landfill in a manner consistent with them
Task 2.15 - Certification of Groundwater
Monitoring System
Prepare a statement certifying that a groundwater
monitoring system is in place at the Denton landfill
that complies with the requirements of the TWC
regulations
Task 2.16 - Certification of Compliance with
Location Restrictions
Prepare statements certifying that the Denton
landfill is in compliance with the following
restrictions.
■ Airport proximity
■ Floodplains (100-year)
■ Unstable Areas
Task 2.17 - Maximizina Remaining Site Life
Review current operating methods to identify
potential modifications which might provide
additional site life. Specifically, consider alternate
daily cover. Calculate potential effect on
remaining site life of alternate techniques if
appropriate.
200 M H
($22,000)
J
2 MH
($130)
10 MH
($890)
262 MH
($20,080)
18
($1475)
Denton A-9 June 15, 1993
Not Included Preliminary Estimated
in this Scope Manhour and Manhours and
of Wnr4 Fop Fafimafna Fowc
Task 2.18 - Regulatory Meetings
Attend up to three regulatory meetings in Austin
with City staff.
54 M H
($6540)
Task 2.19 - Phase Two Project Management and
Administration
(12 months)
TOTALS - PHASE TWO
200 MH
($10,620)
524 MH 808 MH
($49,510) ($61,245)
Denton A-10 June 15, 1993
PHASE THREE - DESIGN AND PERMITTING OF A NEW LANDFILL ADJOINING THE
CURRENT FACILITY
The following is an outline of the tasks associated with designing and obtaining a TWC
Permit to Operate a Municipal Solid Waste Landfill (MSWLF) for a tract of land adjoining the
current landfill site. This MSWLF will be either an expansion of the current landfill or a
separate landfill located adjacent to the current landfill site.
Subtitle D and new TWC regulations have not been fully interpreted by the regulatory
community. This Scope of Services is based on interpretation by HDR of the final draft TWC
regulations published on March 9, 1993. It is anticipated that the final regulations will not be
significantly different from the draft regulations. However, when the final regulations are
published, this Scope of Services will be reviewed and revised if necessary to reflect any
changes. As guidance and interpretations are made available from the TWC, the Scope will
also be reviewed and revised as necessary.
Estimated
3A - Analysis Manhmirs and FAAR
Task 3.1 - Proiect Initiation and Data Collection
Obtain all site information including property surveys, aerial
photography, topographic mapping, floodplain information,
zoning and land use information, subsurface investigations,
groundwater assessments, wetlands determinations, and any
other pertinent information regarding the current and proposed
landfill sites available to the City. Obtain all pertinent site
documentation assembled during Phase Two such as
documentation of compliance with locations restrictions, and
such as pertinent site information provided in the permit
documentation for the current landfill. Determine data 72 MH
collection needs. ($4520)
In conjunction with City Staff, identify any required technical
and professional services required to design a landfill
expansion and obtain a permit.
After reviewing the information, determine the need for specific
outside services to develop supplemental site data, such as
drilling and testing, aerial photography, and topographic and
boundary surveys.
Denton A-11 June 15, 1993
The following is a preliminary Scope of Services based on Estimated
typical landfill design and permitting experience in Texas. Manhming and Fpp3
Phase Three activities will be initiated immediately upon notice
to proceed.
HDR shall provide or coordinate technical and professional
services (excluding legal services) required to prepare a Type I
municipal solid waste facility permit amendment for the existing
City of Denton Sanitary Landfill or, alternatively, to prepare a
permit application for a new landfill near to, but not adjoining,
the current landfill. These services shall include the following.
Task 3.2 - TWC Conference
Meet with representatives of TWC in Austin to discuss
pertinent issues, including the consequences of pursuing a
permit amendment (landfill expansion) or a new permit (new
landfill). Select a design concept for further development.
Task 3.3 - Existing Data Review
3.3.1 Develop a preliminary conceptual landfill design (landfill
footprint) as a guide for all future work efforts.
3.3.2 Collect the following documentation as available from
the City or other public sources.
• Data, reports, surveys, and correspondence, etc. related
to the site
• All air photographic coverage including topography
• Regional and site vicinity geology/hydrogeology studies
and data provided by the City
• Pertinent Federal, State and University studies
• Documentation of regional cross-sections, test pits,
utility companies, borings, and water wells
• Groundwater use and users, groundwater quality, and
groundwater recharge areas
28 MH
($3170)
56 MH
($5000)
I
112 MH
($9370)
Denton A-12 June 15, 1993
Estimated
• Precipitation, temperature, wind velocity and direction, Manhmirc and Fa pc
evapotranspiration, evaporation and humidity data
• Soil map and topography
• Potable water well inventory keyed to a map of wells
and springs within one mile of the site documenting well
location, design, usage, water quality, and other
pertinent data available
J
3.3.3 Collect and compile current planning data.
• Population and population projections
• Waste quantities generated/accepted
• Current and projected traffic counts on access routes
and roadway limitations 44 MH
($2910)
• Land use/zoning within one mile radius
• Threatened or endangered species' habitats
• Sites of cultural or historic significance
• General discussion of vegetation existing on site
3.3.4 Review subsurface and hydrologic work performed by 26 MH
others, if any, to determine the need for additional ($2720)
investigation. Assist the City in the selection of qualified
sub-consultant and arrange for sub-consultant work such
as drilling, testing, topography, surveying, aerial
photography, archaeology, biological assessment, etc.
as necessary.
Task 3.4 - Field and Laboratory Investigations 92 MH
3.4.1 Through site visits and a literature search, develop an ($8140)
understanding of current conditions and prepare a
preliminary soil boring plan and piezometer plan.
Consult with the Texas Water Commission (TWC) to
obtain their acceptance and approval.
Denton A-13 June 15, 1993
Estimated
Manhmirc and FPPc
3.4.2 Geotechnical Investigation Plan Prepare a preliminary
boring plan presented on a copy of the most recent
topographic map. Boring locations and depths will be
selected based on an understanding of the most
practicable excavation depths, anticipated depth to any
aquaclude, and regulatory requirements. Piezometers 36 MH
may be installed in boring locations in order to assess ($2780)
the groundwater surface elevation and gradient across
the site. Previous boring data, if any, will be used to the
extent practical to estimate the desired depth of
penetration for any proposed boring and as an aid to
interpreting and profiling subsurface stratigraphy.
Preliminary
Manhour and
313 Design and Permitting FP.P. FRtlmatP.C
3.4.3 Geotechnical Investigation The proposed boring plan 550 MH
will allow the correlation of geological data revealed in ($45,000)
any previous boring and simultaneously provide the
evaluation of subsurface conditions within the site
boundaries. If indicated, the subsurface investigation
will include boring and testing as required to support use
of any on-site soils for use in a lining system.
All boring locations will be identified on a current
topographic map of the site and will include the surface
elevation determined outside this scope by a registered
professional surveyor. All bore holes not converted into
piezometers will be grouted from the bottom up with a
non-shrink cement-bentonite mixture.
Evaluation of piezometer data will include the
preparation of a potentiometric surface map of the static
water level across the site and recommendations for
groundwater pressure relief and locating groundwater
monitoring wells. A HDR hydrogeologist will evaluate
the results and prepare of a hydrogeologic model of the
site.
Denton A-14 June 15, 1993
Preliminary
Manhour and
FPP Fstimatps
3.4.3 Surface Water/Hydrology Study HDR understands that 122 MH
the purpose of the Hydrology Study is to collect ($8200)
available site data, conduct field surveys, and evaluate
surface water data to provide the following:
• Description of surface drainage systems, flood
characteristics, and existing surface water quality
• Understanding of groundwater/surface water
relationships at the site
If applicable, preparation of a reliable (defensible) site
plan delineating the 100-year floodplain limits and 100-
year flood elevation in keeping with available Federal
Emergency Management Agency flood insurance maps
and studies, and showing all surface water within a one-
mile radius of the site boundary
Work efforts to perform floodway studies, engineering,
documentation, and to obtain permit approval of floodplain
reclamation can be provided as additional services if
required. The following define those services required to
complete a typical Hydrology Study.
3.4.3.1 Obtain available surface water data from the City, 24 MH
previous studies, the Corps of Engineers (COE), ($1300)
Federal Emergency Management Agency
(FEMA), U.S. Geologic Survey (USGS), and
Texas Water Commission (TWC). Existing
hydrologic and hydraulic data will be obtained
from the COE, FEMA, and USGS to provide
baseline data for surface water analyses. In
addition, results of currently available surface
water models will be obtained for evaluation.
Surface water quality data will be collected from
the TWC and USGS for any applicable stream
segments.
Existing survey data will be collected and analyzed to
determine completeness.
Denton A-49 June 15, 1993
Preliminary
Manhour and
Faa FstimatAg
3.4.3.2 Identify additional survey requirements, as 8 MH
needed, and give to the City. ($600)
3.4.3.3 Analyze surface water data obtained to develop 64 MH
an understanding of the surface water hydrology ($4300)
of the site, drainage characteristics,
groundwater/surface water relationships,
floodway, and 100-year floodplain limits.
3.4.3.4 Evaluate copies of available flood profile models 40 MH
to establish watershed hydraulic characteristics ($2700)
and to determine specific hydraulic analysis
requirements necessary for permit application
development.
3.4.3.5 Prepare a description of drainage systems and 88 MH
floodplains along with supporting drainage area ($5900)
maps and floodplain delineation shown on a
topographic map. Prepare documentation of
surface water quality and flow characteristics
based on readily available data. Provide any
available supporting documentation of 100-year
floodplain elevations, or floodplain /floodway
delineation.
3.4.3.6 Identify surface water bodies on a topographic 24 MH
map. Review previous wetland determinations, if ($1600)
any. If necessary, obtain a wetlands
determination.
3.4.4 Geotechnical Report Preparation Prepare a 300 MH
geotechnical report which presents a thorough ($22,000)
evaluation of the basic geologic and hydrogeologic
environment. Additional information presented in the
report will include an estimation of the quantities of
major soil strata which may be available for cover
material, site-specific and regional geologic cross-
sections, and supportive data and/or evidence collected
during the preliminary site assessment study. The
report will be presented in a format suitable for inclusion
in the permit application.
Denton A-16 June 15, 1993
In addition to meeting appropriate TWC requirements, the
geotechnical report will include recommendations on the
following:
• Determination of seismic activity
• Optimal depth of excavation
• Dewatering techniques for excavations below the zone
of saturation if appropriate
• Suitability of the underlying soil for meeting TWC
requirements for all or a portion of the bottom liner
• Procedures for re-compacting liners or other lining
techniques (also included in the Soil and Liner Quality
Control Plan)
• Groundwater monitoring plan
• Pressure relief techniques, if necessary, to reduce
hydrostatic head below the liner
Task 3.5 - Permit Application and Landfill Design 3000 MH
Permit to Operate a Municipal Solid Waste Site The following ($270,000)
describes current requirements for an application to TWC for a
Permit to Operate a Municipal Solid Waste Site. Detailed
requirements are provided in 31 TAC 330.51 - 330.58. Many
items required in these new regulations have never been
provided in Texas. The costs indicate an assumption of clear
and decisive guidance from TWC and are based on early
guidance provided by TWC Staff regarding anticipated policies
for implementation of proposed regulations. Task 3.5 will be
defined in detail after issuance of finalized TWC regulations.
HDR will prepare the following or verify and utilize exhibits
developed in the Original Permit Application for inclusion in an
application to TWC for a new Permit or Permit Amendment to
Operate a Municipal Solid Waste Site (Site Development Plan).
Part I - General Information
Part II - Existing Conditions and Character of the Site and Surrounding Area
Part III - Engineering, Investigative Reports, and Schematic Design
Part IV - Site Operating Plan
Part V - Construction Plan and Specifications
Denton A-17 June 15, 1993
Preliminary
Manhour and
FAA Fst*Matac
Task 3.6 - Permit Application Resubmittal 400 MH
After receiving one complete set of written comments from ($36,000)
TWC on the Draft Permit Application, address comments and
resubmit the application to TWC for a determination that it is
technically complete.
Task 3.7 - Public Hearing Participation 160 MH
Devote one senior technical professional or principal, and the ($19,000)
project manager for one week to prepare for one or more
public hearings. In addition, technicians/drafters will prepare
displays or other graphic materials for use in support of
testimony.
During the hearing(s), devote one senior professional and the
project manager for one week. This time will be devoted to
either actual expert testimony or attendance at the hearing.
Additional resources are available to prepare for a hearing and
provide testimony if necessary. The full resources of HDR's
national solid waste staff are available for specialized
testimony if warranted. Because it is impossible to predict the
level or sophistication of opposition at a hearing, this task will
be more clearly defined at a later date.
Task 3.8 - Phase Three Project Management and 340 MH
Administration ($18,060)
12 months
TOTALS - PHASE THREE
Preliminary Manhours and Fees Estimate 4026MH
($434,660)
Estimated Manhours and Fees 466 MH
($38,610)
Denton A-18 June 15, 1993
PHASE FOUR - ON SITE CONSTRUCTION OBSERVATION
AND LINER INSPECTION/TESTING DURING
CONSTRUCTION/INSTALLATION
Provide periodic on-site observation and liner inspection/testing
during liner construction/installation in compliance with TWC
third-party review requirements. This task will be more fully
defined and compensation determined after completion of
applicable design activities and final determination of regulatory
requirements.
PHASE FIVE - OTHER PERMITS
Other permits may be required for landfill development
including wetlands related permits, levee permits, a National
Pollution Discharge Elimination System Permit (NPDES) for
direct discharges to surface water, or a permit to excavate an
archaeological site. HDR personnel are qualified to prepare
applications for such permits and will do so if authorized by the
City as additional services.
PHASE SIX - DESIGN AND PERMITTING OF ASSOCIATED
SOLID WASTE FACILITIES
If appropriate, prepare conceptual designs and cost estimates
for solid waste facilities associated with the landfill, including a
material processing facility, intermediate processing center,
composting facility, and others. Prepare final designs including
construction plans and specifications and appropriate permit
documentation. This phase will be further defined at a later
date.
Denton A-19 June 15, 1993
CERTIFICATE
The undersigned hereby certifies that she is the Assistant Secretary of HDR
Engineering, Inc., a Nebraska corporation, and that, as such, has custody of the
minute books of the Corporation, and that, by Consent and Agreement of the Board
of Directors dated May 20, 1992, the following resolution was unanimously
adopted:
"RESOLVED, that effective immediately and until June 20, 1993, or
until termination of said individual from the Corporation, or until
recision by the Corporation's Board of Directors, whichever occurs
first, the following individuals are hereby granted the nondelegable
authority to execute or approve on behalf of the Corporation,
contracts for engineering services and architectural services
incidental to engineering services to be rendered by the
Corporation, . . . , or releases of claim or lien in connection with
such services, such contracts or releases so executed or approved
shall be binding upon the Corporation:
. . . William R. Hindman - Senior Vice President
The undersigned further certifies that the foregoing resolution has been
spread in full upon the minute books of the Corporation and is in full force and
effect.
DATED I , 1992.
(CORPORATE SEAL)
1 ~ W "4-m~
Bonnie J. Kudr , Asst. Secretary
E:\WPDOCS\ORD\HDRAMD.0
ORDINANCE NO. '?Y-0-362
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND
HDR ENGINEERING, INC. FOR THE SANITARY LANDFILL DEVELOPMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor and City Secretary are hereby
authorized and directed to execute and attest, respectively,
Amendment No. 1 to the Agreement for Professional Engineering
Services between the City of Denton and HDR Engineering, Inc. for
engineering services for the sanitary landfill development under
the terms and conditions being contained in said Agreement, which
is attached hereto and made a part hereof.
SECTION II. That the City Secretary is hereby directed to
attach a copy of the attached Amendment No. 1 to Ordinance 93-113
and inscribe on the face of Ordinance 93-113 a statement that the
Agreement has been amended by adoption of this ordinance.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the I day of 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: An )A J Al
d
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: lovild" 1&-at-1
CASTLEBERRY,
AMENDMENT NO. 1 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, hereinafter
called City, and HDR Engineering, Inc., hereinafter called
Engineer, entered into an agreement for the performance of
professional engineering services in connection with the sanitary
landfill development, hereinafter called the Agreement; and
WHEREAS, the Engineer has requested that the contract
provisions relating to indemnification be amended, and the City has
agreed to such changes; NOW, THEREFORE,
W I T N E S S E T H:
ARTICLE I.
That Section 7.9 (Indemnity Agreement) of said Agreement is
hereby amended to add the following section:
7.9.2.1 Subsurface sampling may result in unavoidable contamina-
tion of certain subsurface areas, as when a probe or boring device
moves through a contaminated area, linking it to an aquifer, under-
ground stream, or other hydrous body not previously contaminated
and capable of spreading hazardous materials off-site. Because the
State of Texas is requiring that the City perform such subsurface
sampling, the City waives any claim against Engineer for injury or
loss which may arise as a result of alleged cross-contamination
caused by sampling, except if such injury or loss is caused by
Engineer's gross negligence. The City further agrees to defend,
indemnify and hold Engineer harmless from any claim or liability
for injury or loss which may arise as a result of alleged cross-
contamination caused by sampling except when and if such is caused
by Engineer's gross negligence. City further agrees to compensate
Engineer for any time spent or expenses incurred by Engineer in
defense of any such claim in accordance with the hourly rates and
expense reimbursement provisions in the contract between the City
and Engineer dated June 15, 1993.
ARTICLE II.
In all other respects, the terms and conditions of the
Agreement, as executed by the parties on the 15th day of June, 1993
remain in full force and effect.
Executed this ! ~ day of , 1994.
CITY OF DENTON, TEXAS
BY:
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: lily/ jjt--~
67 7
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
I ~
BY:
HDR ENGINEERS, INC.
BY:
TITLE:
E:\WPDOCS\K\AMEND.HDR
PAGE 2
A:\HDR.2
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER TWO
TO THE AGREEMENT WITH THE CITY OF DENTON AND HDR ENGINEERING, INC.
FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SANITARY LANDFILL
INITIAL SITE DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute Amendment
Number Two to the Agreement between the City of Denton and HDR
Engineering, Inc. for professional engineering services for the
City's Sanitary Landfill Initial Site Development, a copy of which
is attached hereto.
SECTION II. That the City Council is hereby authorized to
expend funds in the amount of Six Hundred Twenty-eight Thousand
Three Hundred Forty-five Dollars ($628,345.00) as specified in the
amended Agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BY:
AMENDMENT NO. 2 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 ("City") and HDR
Engineering, Inc. ("HDR") entered into an Agreement for Profession-
al Engineering Services for the Sanitary Landfill Initial Site
Development, which was amended by Amendment No. 1, (the Agreement
for Professional Engineering Services for the Sanitary Landfill
Initial Site Development as amended by Amendment No. 1 are
hereinafter called the "Agreement"); and
WHEREAS, Exhibit A to the Agreement provides that Phase I is to
be completed as additional services with the Scope of Services and
Fee Basis to be mutually agreed upon at a later date; and
WHEREAS, City and HDR desire to define the Scope of Services
for Phase I and Designate Fees for Phase I in the amount of
$12,000; and
WHEREAS, Phase II is approaching completion and City and HDR
desire to replace the Preliminary Man-hour and Fee Estimates and
Estimated Man-hours and Fees for Phase II with Final Anticipated
Fees; and
WHEREAS, City and HDR desire to add additional services to the
Scope of Services for Phase II for Final Anticipated Fees of
$32,485; and
WHEREAS, City and HDR desire to delete Geotechnical Investiga-
tion from the Scope of Services for Phase III resulting in a
reduction of fees for Phase III in the amount of $27,500; and
WHEREAS, City and HDR desire to add an additional 12 months of
project management and administration to Phase III for fees of
$19,150; NOW, THEREFORE,
W I T N E S S E T H:
Pursuant to Section 7.12 (Changes and Modification) of the Agree-
ment, City and HDR hereby agree:
1. The Scope of Services for Phase I is hereby and herewith
defined as solid waste master planning. City shall pay HDR $12,000
for Phase I.
2. The Scope of Services for Phase II is hereby and herewith
amended to include the following services in addition to those
listed in Exhibit A to the Agreement in exchange for the following
Final Anticipated Fees:
2.20
Methane Precautions
$
1,100
2.21
Groundwater Certification
$20,000
2.22
Height Increase
$
5,000
2.23
Project Management
$
885
2.24
Gas Monitoring Training
$
500
2.25
Groundwater Sampling
Analysis Plan
$
5,000
3. The Preliminary Man-hour and Fee Estimates and Estimated Man-
hours and Fees for Phase II Contained in Exhibit A of the Agreement
are hereby and herewith deleted from the Agreement and replaced
with the following Final Anticipated Fees:
2.1
Site Operating Plan
$15,000
2.2
Site Development Plan
$ 3,000
2.3
Site Layout Plan
$ 2,500
2.4
Fill-Cross Sections
$ -0-
2.6
Geology Report
$ 4,600
2.7
Groundwater Protection
& Drainage Plan
$13,600
2.9
Cost Estimates for
Closure and Post-Closure Care
$ 4,600
2.11
Final Closure Plan
$ 7,000
2.12
Post-Closure Plan
$ 4,000
2.13
Landfill Gas Management Plan
$22,000
2.14
Applicant's Statement
$ 130
2.15
Certification of Groundwater
Monitoring System
$ 890
2.16
Certification of Compliance with
Location Restrictions
$20,080
2.17
Maximizing Remaining Site Life
$ -0-
2.18
Regulatory Meetings
$ 6,540
2.19
Phase II Project Management and
Administration
$15,000
Additions to Phase II Scope of Services (Paragraph 2 above)
2.20
Methane Precautions
$ 1,100
2.21
Groundwater Certification
$20,000
2.22
Height Increase
$ 5,000
2.23
Project Management
$ 885
2.24
Gas Monitoring Training
$ 500
2.25
Groundwater Sampling &
Analysis Plan
$ 5,000
Total Final Anticipated
Fees for Phase II
$151,425
4. Exhibit A , Task 3.4.3 Geotechnical Investigation of the
Agreement is hereby and herewith amended to delete Geotechnical
Investigation from the Scope of Services for Phase III. Fees for
Phase III shall be reduced by $27,500 as a result of the deletion
of said Geotechnical Investigation from the Scope of Services.
PAGE 2
5. Exhibit A, Task 3.8, Phase III Project Management and Adminis-
tration of the Agreement is hereby and herewith amended to include
an additional 12 months of project management and administration.
Estimated fees for said additional 12 months of project management
and administration shall be $19,150.
6. Total Estimated Fees and Preliminary Fee Estimates for Phase
III shall be $464,920.
7. In all other respects, the terms and conditions of the Agree-
ment, as executed by the parties on the June 15, 1993 as amended by
Amendment No. 1 remain in full force and effect.
Executed this Ajrl~r"'_ day of / /4~ , 1995.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BY:
HDR ENGINEERS, INC.
BY.. TITLE:
a:\hdramend.k
PAGE 3
C:\WPDOCS\ORD\HDR.ORD
ORDINANCE NO. 01(0 - 010
AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO THE AGREEMENT
BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR
PROFESSIONAL ENGINEERING SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute
Amendment No. 3 to the Agreement for Professional Engineering
Services between the City of Denton, Texas and HDR Engineering,
Inc., attached hereto and incorporated herein as if set forth at
length.
SECTION II. That the expenditure of funds in an amount not to
exceed six hundred sixty-three thousand, five hundred and forty-
five dollaras ($663,545.00) is hereby authorized as specified by
the amended Agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the p?D r day of
199.
BOB CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
~Ir P ~ncw >L-
AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY
OF DENTON, TEXAS AND HDR ENGINEERING, INC. FOR PROFESSIONAL
ENGINEERING SERVICES DATED JUNE 15, 1993
WHEREAS, on June 15, 1993, the City of Denton ("City") and HDR Engineering,
Inc. ("HDR") entered into an Agreement Between the City of Denton, Texas and HDR
Engineering, Inc. for Professional Engineering Services for the sanitary landfill initial site
development, which was amended by Amendment No. 1 and Amendment No. 2, (the
Agreement between the City of Denton, Texas and HDR Engineering, Inc. for Professional
Engineering Services as amended by Amendment No. 1 and Amendment No. 2 are herein
referred to as "Agreement"); and
WHEREAS, City and HDR desire to add additional services to the Scope of Services
for Phase III for additional fees not to exceed $23,200.00; and
WHEREAS, City and HDR desire to add 12 months of project management for
additional fees not to exceed $12,000.00; NOW, THEREFORE,
WITNESSETH:
Pursuant to Section 7.12 (Changes and Modification) of the Agreement, City and HDR hereby
agree:
1. The Scope of Services for Phase III is hereby and herewith amended to include the
following services in addition to those listed in Exhibit A to the Agreement in exchange for
the following Final Anticipated Fees:
3.9 Redesign of final landfill configuration to include an area originally determined
to be a wetland - $4,500.00
3.10 Modeling of drainage from mobile home park to determine impact on flood
plain - $4,000.00
3.11 Preparation of information and mapping for annexation and zoning of landfill
site - $1,700.00
3.12 PUB Workshop development sequence - $ -0-
3.13 Revise landfill footprint to accommodate the landscaping plan - $5,000.00
3.14 Revise FEMA flood plain map - $8,000.00
2. Exhibit A, Task 3.8, Phase III Project Management and Administration of the Agreement
is hereby and herewith amended to include an additional 12 months of project management
and administration. Fees for said additional 12 months of project management and adminis-
tration shall not exceed $12,000.
3. In all other respects, the terms and conditions of the Agreement, as executed by the parties
on June 15, 1993 and amended by Amendment No. 1 and Amendment No. 2 remain in full
force and effect.
PASSED AND APPROVED this the day of 199b
CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
J a ~r e pa ~n c~ ~ti
BY: L J
CAWPD0CSVCwDR3.AMD
A:\HDR4.ORD
ORDINANCE NO. % / -~D /
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:
SECTION I. That the Mayor is authorized 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, 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) is
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 this the J /0 day of 1997.
J C MILLER,, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
II~
BY:
AMENDMENT NO. 4 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 ("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 Initial
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-
ing 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 services 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 daily 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-
ifications, desire to Amend their agreement to provide for the
completion 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,
W I T N E S S E T H:
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 administration, and construction quality assurance associated
with Phase IV of the City of Denton Sanitary Landfill Site
Development expansion. This 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 similar 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:
Construction Plans and Specifications for Phase One
Task One - Construction Plans
HDR will begin immediately upon notice to proceed to prepare
construction plans for Phase One of the landfill expansion
area. Construction plans will include the following eight
drawings which will be produced in draft form for City review.
* Cover Sheet
* Base Grade, Sequence of Fill, Access to Cell, and
Dewatering Slurry Wall Alignment
* Liner and Leachate Collection System Plan
* Liner, Sump and Leachate Collection System Details
* Access Road Plan, Profile, and Typical Cross-section
* 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 Condi-
Page 2
tions) for construction of Phase One. Construction specifica-
tions will reflect excavation to be performed by the contrac-
tor, installation and testing of the liner 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 City, 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
meeting with TNRCC is anticipated regarding plans and spec-
ifications.
Bid Administration
Task Four - Construction Cost Estimate
Within approximately two weeks of finalizing 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 will be used and will include a breakdown of
material 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 - Prequalification of Bidders
HDR will provide the City a list of construction contractors
with known Subtitle D landfill liner construction experience.
This list will be designed to identify 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 in the past. This
is not intended to be a comprehensive list of all qualified
bidders, but rather a list of contractors with successful
experience on HDR projects, for the City's use.
Task Six - Bid Services
HOR 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 Project Manager to respond to
technical questions.
* Consult with and advise the City as to the acceptability of
substitute materials and equipment proposed by the contrac-
tor(s).
* Consult with and advise the City 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 bids will be
evaluated. HDR will assist the City 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.
Construction-Related Services
For purposes of cost estimated, it is assumed that the duration for
the construction of the dewatering 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 six 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 site Soil and
Liner Quality Control Plan. This includes full-time on-site
observation as required, and preparation of a Soil 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 with the City to discuss
pertinent observations.
Project Management and Administration
In addition to meetings and reports discussed above, monthly
progress reports will be provided to the City which address
progress to date, budget and schedule status, and any other
construction-related concerns.
A project kickoff meeting at the City and a site tour, attended
by representatives of the City, HDR, the Construction Quality
Control subconsultant, and the surveyor will be held to discuss
the design and construction of the cell and any historical
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-
tions
6. North Ditch and Pond Plan, Profile, and Cross-
sections
7. Dewatering Plan
8. Erosion Control Plan
* one set of draft bid documents
* Five sets of final plans and bid documents
* Estimate of Probable Construction Cost
* List of construction contractors
Page 5
* Notice to Bidders
* Addenda if required
* Bid Evaluations for up to five bidders
* 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, is hereby amended by adding the following services as
Additional Services to the Agreement:
Services relating to the administrative hearing before TNRCC
respecting the City's landfill expansion permit will involve
tasks which will require approximately 860 man-hours for HDR
personnel, resulting in an estimated total daily 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 evidentiary 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. Assistance and support respecting the preparation of
exhibits, graphic materials and displays for the prelimi-
nary and evidentiary 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, in 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 in
full force and effect.
EXECUTED this the day of j~ 1997.
CITY OF DENTON, TEXAS
BY:
JACK I LER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
.r
BY:
l:
Page 7
ORDINANCE NO. `7 - l % 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 COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I: That the Mayor is authorized to execute Amendment Number Five to the
Agreement between the City of Denton and HDR Engineering, Inc. for further professional
engineering services for the City of Denton Sanitary Landfill development and expansion, as
provided for in said Agreement, relating to Phase IV and Phase V thereof, a copy of which
Amended Agreement Number Five is attached hereto and made a part hereof.
SECTION II: That the expenditure of additional funds in an amount not to exceed Fifty
Three Thousand Dollars ($53,000.00) is hereby authorized as provided for in the said
Amendment Number Five to the Agreement.
SECTION III: That this ordinance shall become effective immediately upon its passage
and approval. ~h-
PASSED AND APPROVED this the /6 day of 0=2 _'1998.
MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 71-1
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:1Our Documents\0rdmances\98\HDR Amend 5 Ord.doc
AMENDMENT NUMBER FIVE TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON, TEXAS AND HDR ENGINEERING, INC.
DATED JUNE 159 1993
WHEREAS, on June 15, 1993, the City of Denton, Texas ("City") and HDR Engineering,
Inc. ("HDR") entered into an Agreement for Professional Engineering Services respecting 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; which was further amended by Amendment No. 3, dated February 22,
1996; and which was further amended by Amendment No. 4, dated April 18, 1997 wherein the
Agreement for Professional Engineering Services for the sanitary landfill initial site
development, as amended by Amendments No. 1, 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 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 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 in Amendment No. 3 of the Agreement for the
definition 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 additional $17,000.00
in payment of additional professional services associated with breaking the Project into two bids
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 Sanitary Landfill site development and expansion, and the Texas Natural
Resource Conservation Commission ("TNRCC") has approved the City's landfill permit; 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 Phase IV of the Project
regarding an additional nineteen (19) week period of on-site construction observation and liner
inspection and testing, to be performed by HDR during construction and installation of the
landfill liner, in 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 in connection with the landfill during
the time that liner construction is to take place, and to maintain full-time on-site 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 incurring of
overtime charges on the Project. HDR has proposed, and the City believes that an additional fee
not to exceed $53,500.00, including expenses, is a reasonable fee, for such professional
engineering services, considering 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 engineering expenses, considering the relevant
factors; and
WHEREAS, the City and HDR have determined that additional services to be provided to
the City respecting the landfill expansion Project, as set forth in the preceding paragraphs
hereinabove, total $78,000.00; and the City and HDR have further determined that $25,000.00 of
the contractual amount previously provided for, and set forth in Amendment Number Four to the
Agreement respecting services relating to the administrative hearing before TNRCC respecting
the City's landfill expansion permit, is unspent and shall be re-allocated and spent for the
professional engineering services provided for in this Amendment Number Five to the
Agreement, thus reducing the total amount of additional professional fees to be approved by the
City Council respecting this Amendment Number Five 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,
providing 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 engineering services relating to the preparation of three
additional landfill permit 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:
1.
The Scope Of Services for Phase IV of the Project is hereby amended to add the
following additional professional engineering services:
A. The Construction Phase fee for HDR to conduct periodic observations and inspections
throughout the entire construction period at the site was based upon the assumption of a six (6)
week construction period, with one (1) visit to the site per week. The fee previously set forth in
the Agreement was based upon the assumption that the construction of the Project would be
accomplished under one bid rather than under two bids, and that cell construction would take
place concurrently with other construction at the site.
Paee 2 of 5
As the construction schedule, as presently bid, currently encompasses a twenty-five (25)
week period, beginning with the construction of the slurry wall and dewatering system, which
ends on June 30, 1998, with the completion of the cell and other on-site facilities, rather than the
original projected six (6) week construction period; the City and HDR agree that additional
professional engineering services are necessary for HDR to properly inspect and periodically
observe the construction of the liner during the longer construction period. The additional fee to
be paid by the City to HDR for the additional nineteen (19) weeks of construction services under
Phase IV of the Project for the necessary observation and testing required, shall be in the amount
of $1,100.00 per week, and shall not exceed the sum of $20,900.00.
B. That the construction phase fee respecting HDR's subcontractor expense was initially
estimated at $110,000.00, which contemplated and provided for a thirty (30) day construction
period consisting of ten (10) hour days. As construction on the Project has progressed at the site,
the City and HDR have determined that it is necessary that the length of the construction period
be expanded to a thirty-eight (38) day construction period, consisting of twelve (12) hour work
days, in order to properly and timely complete the work. The City and HDR agree that
additional subcontractor expense attributable to the longer construction period and the longer
workdays needed to complete the Project are necessary. The additional fee to be paid by the City
to HDR for services attributable to the extended thirty-eight (38) day construction period, with
twelve (12) hour work days, shall not exceed the sum of $53,500.00.
II.
The Scope of Services of Phase V of the Project ("Other Permits") hereby provides that:
A. HDR shall prepare three additional landfill permit modification packages as follows:
(1) Permit modification associated with alteration of the existing Citizen's Drop-Off
Facility, to address compatibility with the proposed storm water ditch;
(2) Permit modification associated with relocating a groundwater monitoring well;
(3) Permit modifications associated with the substitution of geo-composite drainage
material for a granular drainage blanket on the bottom of the Phase I cell.
B. The City shall pay to HDR an additional fee of not to exceed $3,000.00 for the permit
modification described in paragraph II.A.(1) hereinabove;
C. The City shall pay to HDR an additional fee of not to exceed $1,000.00 for the permit
modification described in paragraph II.A.(2) hereinabove;
D. The City shall pay to HDR an additional fee of not to exceed $500.00 for the permit
modification described in paragraph II.A.(3) hereinabove.
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
administrative 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 estimated additional 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 remain 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 quadruplicate original counterparts this the ~ - day of
1998.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_ _
JA LLER, MAYOR
BY:GW
~
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
I n ~ ~
BY: y
Page 4 of 5
HDR ENGINEERING, INC.
BY:
WILLIAM R. HINDMAN, P.E.
Senior Vice President
ATTEST:
BY:
ITS:
F:\shared\dept\LGL\Our Documents\Contracts\98\HDR Amendment 5.doc
Page 5 of 5
ORDINANCENO. ~~-n'9
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 is authorized to execute Amendment Number Six to the
Agreement between the City of Denton and HDR Engineering, Inc. for further professional
engineering services for the City of Denton Sanitary Landfill development and expansion, as
provided for in said Agreement, relating to Phase IV and Phase V thereof, a copy of which
Amended Agreement Number Six is attached hereto and made a part hereof.
SECTION II: That the expenditure of additional funds in an amount not to exceed
Twenty Six Thousand Dollars ($26,000.00) is hereby authorized as provided for in the said
Amendment Number Six to the Agreement.
SECTION III: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the ay of Se~~der , 1998.
JAC LLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: `M
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
'v
\\CH-LGL\VOL I \shared\dept\LGL\Our Documents\0rdmances\98\HDR Amend 6 Ord.doc
AMENDMENT NUMBER SIX TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON, TEXAS AND HDR ENGINEERING, INC.
DATED JUNE 159 1993
WHEREAS, on June 15, 1993, the City of Denton, Texas ("City") and HDR Engineering,
Inc. ("HDR") entered into an Agreement for Professional Engineering Services respecting the
City of Denton Sanitary Landfill initial site development ("Project") which was thereafter
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; 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; wherein such
Agreement for Professional Engineering Services for the sanitary landfill initial site
development, as amended by Amendments No. 1, 2, 3, 4, and 5 is hereafter 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 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 is to be determined and be
mutually agreed upon by the parties at a later date; and
WHEREAS, the City and HDR provided in Amendment No. 3 of the Agreement for the
definition 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 additional $17,000.00
in payment of additional professional services associated with breaking the Project into two bids,
utilizing two different contractors, in order to accomplish 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 Sanitary Landfill site development and expansion, and the Texas Natural
Resource Conservation Commission ("TNRCC") has approved the City's landfill permit; 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 proper completion of
Phase IV of the Project regarding an additional period of on-site construction observation, liner
inspection and testing, as well as Engineer of Record services to be performed by HDR during
the construction and installation of the landfill liner, by "RBI", in order to comply with TNRCC
third-party review requirements and regulations, for the period of time from June 30, 1998
through August 3, 1998, which is the revised, extended, construction completion period for the
landfill liner; and
WHEREAS, HDR has proposed, and the City is of the opinion, that an additional fee in
an amount not to exceed $25,000.00, including expenses, is a reasonable fee to be paid to HDR,
for such additional professional engineering services relating to Phase IV of the Project,
considering the relevant circumstances; and
WHEREAS, the City and HDR have also determined that it is necessary and appropriate
for HDR to perform additional professional engineering services for the City relating to Phase V
of the Project regarding additional work related to the completion of the landfill permit
modification package pertaining to the change of the landfill "drainage layer" from gravel to
geonet material.
WHEREAS, HDR has proposed, and the City is of the opinion, that an additional fee in
an amount not to exceed $1,000.00, including expenses, is a reasonable fee to be paid to HDR,
for such additional professional engineering services relating to Phase V of the Project,
considering the relevant circumstances; and
WHEREAS, the City and HDR, pursuant to the provisions of 7.12 of the Agreement,
providing for changes and modifications thereto, mutually 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 engineering services relating to the completion of the
landfill permit modification package pertaining to the drainage layer of the landfill liner, 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:
1.
The Scope of Services for Phase IV of the Project is hereby further amended to add the
following additional professional engineering services:
A. The Construction Phase periodic observation, inspection, and liner certification services
to be performed by HDR respecting the Project, together with the Engineer of Record services to
be performed by HDR, heretofore described and provided for in the Agreement, shall be
extended for an additional period of time, from June 30, 1998, to August 3, 1998.
B. The City shall pay to HDR an additional professional fee, including expenses, of not to
exceed $25,000 for the additional professional services described in paragraph I.A. hereinabove.
II.
The Scope of Services for Phase V of the Project ("Other Permits") is hereby further
amended to add the following additional professional engineering services:
A. HDR shall complete the following landfill modification package with the TNRCC as
follows:
Page 2 of 4
(1) Landfill permit modification associated with the substitution of geo-composite
drainage material (geonet) for a granular (gravel) drainage blanket located on the
bottom of the Phase I cell.
B. The City shall pay to HDR an additional professional fee, including expenses, of not to
exceed $1,000.00 for the permit modification services described in paragraph II.A.(I)
hereinabove.
III.
The total estimated additional professional fees for services, including expenses, to be
provided by HDR to the City under Phase IV and Phase V of the Project, pursuant to this
Amended Agreement Number Six, are in the aggregate, an amount not to exceed $26,000.00.
IV.
In all other respects, the terms and conditions 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 Five thereto, shall remain 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 quadruplicate original counterparts this the day of
1998.
CITY OF DENTON, TEXAS
BY:
J C ILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 3 of 4