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2010-178ORDINANCE NO. 2010-178 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CHAING, PATEL AND YERBY, INC. ("CP&Y) AND THE CITY OF DENTON, TEXAS, EXPANDING THE SCOPE OF SERVICES PREVIOUSLY DEFINED IN THE PROFESSIONAL SERVICES AGREEMENT, WHICH AMENDMENT ALLOWS CP&Y TO PROVIDE ENGINEERING CONSULTING SERVICES RELATED TO THE LANDFILL EXPANSION TO INCLUDE: (1) HYDROLOGIC AND HYDRAULIC EVALUATIONS; (2) THE PRELIMINARY SIZING AND LOCATION OF A 4.5 MILLION GALLON FLOW EQUALIZATION BASIN; AND (3) ANALYSIS OF THE FLOODPLAIN/FLOODWAY IMPACTS OF EXTENDING A LANDFILL RETAINING WALL AND BERM ALONG THE CREEK SIDE OF THE FLOW EQUALIZATION BASIN DOWNSTREAM TO THE HEADWORKS OF THE WASTEWATER TREATMENT PLANT FOR AN ADDITIONAL AMOUNT NOT-TO- EXCEED $41,050; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE ($41,050 FURTHER PROFESSIONAL ENGINEERING SERVICES, TOTALING $104,050 WHEN AGGREGATED WITH THE PREVIOUS PROFESSIONAL SERVICES AGREEMENT). WHEREAS, the City Council deems that it is in the public interest to continue to engage the engineering firm of Chaing, Patel & Yerby, Inc. (CP&Y), Dallas, Texas to provide further professional engineering consulting services for the City of Denton, Texas that are related to the Denton Landfill expansion; and WHEREAS, on August 17, 2009 the City Manager considered and approved a "Professional Services Agreement for Architect or Engineer" (hereafter the "Agreement") by and between the City and CP&Y, acting within his delegated authority, in the amount of not- to-exceed $63,000; and WHEREAS, being satisfied with CP&Y's performance under the Agreement, staff requested that CP&Y present it with a cost estimate of their services required to complete the tasks needed by the Solid Waste Department regarding activities dealing with the expansion of the Denton Landfill; CP&Y has presented the City with its cost estimate that the requested services will require that the previous Agreement be amended, and increased by the amount of $41,050; and WHEREAS, City staff has reported to the City Council that there is a substantial need for the above-referenced professional engineering services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The preamble to this ordinance is incorporated herewith by reference as a part of this ordinance. SECTION 2: The City Manager is hereby authorized by the City Council to execute a "First Amendment to Professional Services Agreement" (the "First Amendment") with Chaing, Patel & Yerby, Inc., Dallas, Texas, for professional engineering consulting services related to the expansion of the Denton Landfill, for an additional fee of not-to-exceed $41,050 (aggregating a not-to-exceed amount of $104,050 when added on to the earlier Agreement); in substantially the form of the "First Amendment" that is attached hereto as Exhibit "A" and incorporated herewith by reference. SECTION 3: The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of CP&Y and the demonstrated ability of CP&Y to perform the services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached First Amendment is hereby authorized. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 190- day of OAZ6,1(1 '2010. mARk U UG ,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: (~&v 1~ va~m ( , aat APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY n i By: 2 THE STATE OF TEXAS COUNTY OF DENTON FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, a "Professional Services Agreement for Architect or Engineer" (hereafter the "Agreement") was entered into on the 17th day of August, 2009, by and between CHAING, PATEL & YERBY, INC. ("CONSULTANT" or "DESIGN PROFESSIONAL"), a Corporation, acting by and through its duly empowered officers and representatives; with its corporate offices at 1820 Regal Row, Suite 200, Dallas, Texas 75235; and the CITY OF DENTON, TEXAS, a Texas municipal corporation, acting by and through its duly authorized and empowered City Manager (hereafter "OWNER"); said Agreement having been approved by the City Manager, within his delegated authority, and which Agreement provided for certain necessary licensed professional engineering services, with expenditure authority not- to-exceed $63,000; and both CONSULTANT and the OWNER have each resolved and agreed that the Agreement should be continued and amended as to certain provisions, to wit: NOW, THEREFORE, in consideration of the covenants and agreements herein contained, CONSULTANT and the OWNER mutually agree to amend the Agreement by this "First Amendment to Professional Services Agreement" (hereafter the "First Amendment"), as the scope of services to be rendered by CONSULTANT to the OWNER has been increased by the sum of $41,050 in additional professional engineering fees, increasing the amount of this engagement from $63,000, the amount of the Agreement, to a total of not-to-exceed $104,050; this amendment provides for an expansion of the professional services to be rendered by CONSULTANT, as set forth in that certain "Denton Landfill Floodplain Reclamation" proposal addressed from CONSULTANT to David Dugger, Landfill Manager, on May 5, 2010, which is attached hereto as Exhibit "A", and which is incorporated by reference herein, to wit: SECTION 1. EMPLOYMENT OF DESIGN PROFESSIONAL In addition to the original scope of services attached to the Agreement executed on August 17, 2009, there is an additional scope of services letter that is attached hereto as Exhibit "A" which is incorporated by reference. The CONSULTANT shall perform those additional professional engineering and design services as contained in Exhibit "A" attached hereto. To the extent that any of the conditions in said original Agreement have changed, then the conditions on Exhibit "A" shall be applicable. All other provisions of Section I shall remain intact and in full force and effect. SECTION 2. BASIC SERVICES For Basic Services the total compensation shall be an additional $41,050, totaling $104,050 for the professional engineering and design services. SECTION 3. ENTIRE AGREEMENT The First Amendment includes the executed Professional Services Agreement, executed August 17, 2009 as well as this First Amended Agreement. It further includes the City of Denton General Conditions to the original Agreement for Architectural or Engineering Services. It further includes the Insurance Requirements that are attached to the original Agreement for Architectural or Engineering Services. SECTION 4. AMENDED AGREEMENT Save and except as amended hereby, all of the remaining clauses, sentences, paragraphs, sections and subsections of the Professional Services Agreement for Architect or Engineer, executed on the 17th day of August, 2009, shall remain in full force and effect. This First Amendment shall be executed in four originals. SIGNED AND DATED the dul aut orized representatives and officers of the parties hereto effective o b n the day of , 2010. "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: E GE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: l APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i' B y: r U 2 "CONSULTANT" CHAING, PATEL & YERBY, INC. A Corporation By: William R. Hindman, P.E. Principal ATTEST: By: 4~40111 _~e~ v C P&YJ Partners for a Better Quality of Life May 5, 2010 Mr. David Dugger Landfill Manager Solid Waste Department - Denton Municipal Utilities 1527 S. Mayhill Road Denton, Texas 76208 RE: Denton Landfill Floodplain Reclamation Additional Services for Pecan Creek and North Zone A Tributary City of Denton, Texas Dear Mr. Dugger: 09ENV WRS.00.25 CP&Y, Inc. is pleased to provide you with this proposal for additional engineering services for the above- referenced project. Through discussions with your office and other departments within the City of Denton, a need has been identified to increase the scope of the analyses for the landfill expansion to include, 1) hydrologic and hydraulic evaluation of a tributary (North Tributary) that currently bisects the proposed landfill expansion site and is designated as a Shaded Zone X area on the Flood Insurance Rate Map (FIRM), 2) the proposed preliminary sizing and location of a 4.5 million gallon Flow Equalization Basin (FEB) to be utilized by the adjacent wastewater treatment plant (WWTP), and 3) analysis of the floodplain/floodway impacts of extending a landfill retaining wall and/berm along the creek side of the FEB to high ground just downstream of the headworks of the WWTP. Based on our understanding of the additional project scope, CP&Y proposes the following work items: BASIC SERVICES (Additional): 1) Data Acquisition and Review - CP&Y will request and review the current hydrologic and hydraulic modeling data from the City of Denton for the portion of the North Tributary that extends upstream of Mayhill Road in order to incorporate it into the analyses, if applicable. 2) Flow Equalization Basin - CP&Y will prepare preliminary design plans for a proposed 4.5 million gallon Flow Equalization Basin that will serve the WWTP. The proposed location will be in the low area near the current plant entrance road. CP&Y will coordinate the location, size, and shape of the FEB with Landfill and WWTP staff. 3) Retaining Wall and Berm Extension - CP&Y will prepare preliminary design plans for the retaining wall and berm extension that will be necessary to protect the FEB and the WWTP head works from inundation by the 100-year flood on Pecan Creek. It is anticipated that the wall will transition to a berm in the vicinity of the head works in order to avoid conflicts with large sewer mains, 4) Proposed North Tributary Realignment - CP&Y will update the proposed alignment of the North Tributary along the west and north perimeter of the proposed landfill expansion, This will include the development of preliminary design plans that will be required for the Conditional Letter of Map Revision (CLOMR) submittal. 1820 Regal Row, Suite 200 Dallas, Texas 75235 214,638,0500 - 214,638.3723 fax www.cpyi.com J Mr. David Dugger Page 2 of 5 May 5, 2010 Denton Solid Waste Landfill Floodplain Reclamation Additional Services 5) Pecan Creek Hydraulic Analysis - a. Hydraulic Analysis - CP&Y will expand the hydraulic analysis of Pecan Creek to include the FEB and the wall and/or berm that is to extend to just downstream of the WWTP headworks and then tie into high ground. This analysis will include additional encroachment into the 100-year floodplain and may include minor encroachment into, and subsequent adjustment of, the floodway. CP&Y will adjust the proposed condition scenario to provide additional mitigation to offset potential water surface elevation increases and loss of valley storage. CP&Y anticipates that it will be necessary to expand the proposed bypass swale that is currently being developed for a portion of Pecan Creek through the project reach in order to provide the required mitigation. Additional excavation, beyond that required for the bypass swale, may be required. 6) Zone X, North Tributary Analysis - a. Hydrologic Analysis - CP&Y will delineate the drainage area and will calculate the existing and future fully-developed watershed 100-year discharges for the un-named Zone X tributary (North Tributary) using the unit hydrograph method based on existing and future land use data and soils data obtained from the City of Denton. b. Hydraulic Analysis (Existing Conditions) - CP&Y will create a hydraulic model of the North Tributary using current topographic mapping data (1-foot contours) provided by the Solid Waste Department and will include the previous hydraulic modeling that has been done upstream of the site (Mayhill Road and upstream) for consistency and to evaluate impacts. The resulting floodplain will be delineated and Base Flood Elevations (BFE's) will be determined for the portion of the North Tributary that passes through the proposed landfill expansion site. c. Hydraulic Analysis (Proposed Conditions) - CP&Y will create a hydraulic model of the proposed North Tributary based on the alignment developed in Task 4. This may be an iterative process as valley storage and channelization criteria will be evaluated and adjustments will be made to the realignment plan, if necessary. The resulting BFE's will be determined and the proposed floodplain will be delineated for the North Tributary. 7) FEAM Submittal - It is anticipated that a CLONIR will be required based on City of Denton floodplain criteria. CP&Y will include the analyses and results of the additional services in the CLOMR submittal as described in the initial contract. Partners for a Better Quality of Life C P&YJ Mr. David Dugger Page 3 of 5 May 5, 2010 Denton Solid Waste Landfill Floodplain Reclamation - Additional Services ESTIMATE OF PROBABLE COST CP&Y will provide the proposed services on a time-and-materials basis in accordance with our attached Standard Rate Schedule. For your budgeting purposes, the estimated labor cost for CP&Y's scope of services is shown below according to the outline used in the Basic Services description above: 1) Data Acquisition $ 500 2) Flow Equalization Basin $ 4,200 3) Retaining Wall & Berm Extension $ 5,700 4) Proposed North Tributary Realignment $ 7,150 5) Pecan Creek Hydraulic Analysis (Additional) $ 4,500 6) Zone X/North Tributary Analysis $16,000 7) FEMA Submittal (CLOMR-Additional) $ 3,000 Estimate of Probable Cost Total $41,050 The cost estimates listed above are based on the assumptions and conditions contained herein, Any deviations in the project from these specified assumptions and conditions could result in additional costs. The actual amount billed will depend on the actual labor time and non-labor expenses required. ASSUMPTIONS AND CONDITIONS The scope of services and the cost estimate provided herein are based on several assumptions and conditions as listed in the Basic Services and as follows: 1. The scope of services and cost estimate do not include public meetings or presentations, 2. FEMA, the City of Denton, and/or other entities will provide requested data (if necessary) in a timely manner. This scope of services does not include CP&Y having to correct any deficiencies found in any data provided by others. 3. This proposal assumes that FEMA will process the CLOMR for Pecan Creek, the Zone A - South Tributary and the Zone X - North Tributary in one package as a single CLOMR submittal with one fee. If FEMA, or the City, determine that the project must be broken up into separate submittals, then, upon request, CP&Y will prepare separate CLOMR documents for submittal as additional services on a time-and-materials basis. It should be noted that separate CLOMR Partners for a [letter Quality of Life C P&YJ Mr. David Dugger Page 4 of 5 May 5, 2010 Denton Solid Waste Landfill Floodplain Reclamation -Additional Services submittals would likely result in multiple FEMA review fees. 4. CP&Y assumes that any current modeling data for the North Tributary was based on the HEC-2 computer model format. Due to the potential complexity of the hydraulic analysis and FEMA's policy of encouraging the conversion to HEC-RAS, CP&Y will use the HEC-RAS computer program for this project and will convert the existing BBC-2 model data to EEC-RAS, if necessary. 5. This scope of services does not include any detention pond sizing or analysis. 6. This scope of services is for hydrologic and hydraulic analyses and a CLOMR submittal to FEMA. CLOMR submittals are based on proposed project conditions. This scope of services does not include a LOMR submittal, as LONIR's are based on as-built conditions and it is currently unknown when the full floodplain reclamation project would be completed. Upon completion of construction within the 100-year floodplain and upon request, CP&Y will prepare a separate proposal for LOMR preparation and submittal services. 7. The cost estimate provided herein does not include any City of Denton, USACE, TCEQ, or FEMA processing, review, permit or regulatory fees. CP&Y's cost estimate for this scope of services does not include paying any fees to any agency. 8. CP&Y's scope of services does not include any analysis, delineation, determination or any regulatory support activities related to wetlands, waters of the United States, or other environmental issues. 9. As CP&Y's scope of services will be based upon designs and information provided by others, the results of CP&Y's products (e.g., water surface elevations, floodplain delineations, CLOMR submittal documents) are dependent upon such designs and information provided by others and on the assumption that the project will be completed exactly as designed and in accordance with design plans (whether preliminary or final as-built plans). Therefore, CP&Y cannot and does not accept any responsibility for the accuracy of such designs and information provided by others, or any future actions by others, or any failure to perform or negligence on the part of others, which may affect the accuracy of flood study results and information provided to regulatory authorities. With these conditions in mind, the client, agrees to indemnify, defend and hold harmless CP&Y against any and all lawsuits, claims, liabilities, causes of action, losses, damages, forfeitures, penalties, fines, costs and expenses, including, but not limited to, reasonable attorney fees and expenses, by whomever asserted, which may arise in conjunction with the client and their representatives, or any matters related thereto. If you wish for CP&Y to begin work toward the completion of the scope of services under the terms contained herein, please indicate your approval and notice-to-proceed by signing and dating in the space provided below and returning one executed copy to our office. Partners for a Better Quality of Life 21 Mr. David Dugger Page 5 of 5 May 5, 2010 Denton Solid Waste Landfill Floodplain Reclamation - Additional Services We appreciate the opportunity to work with you on this project and will make every effort to provide responsive, quality service. Please call me at 214/589-6943 if you have any questions. Sincerely, X"~JrI2- r-Michael R. Perkins, P.E. Senior Engineer Attachments: Standard Rate Schedule cc: Project File CP&Y, Inc. Approval: Mr. William R. Hindman, P.E. Date Principal CP&Y, Inc. Approval and Notice to Proceed: Mr. David Dugger Date City of Denton Solid Waste Landfill Partners for a Better Quality of Life r PSY vs L Y CP&Y, Inc. WATER RESOURCES RATE SCHEDULE RATES (Effective 03/04109) Personnel: Personnel costs for time-and-materials services are reimbursed on an hourly basis in accordance with the following rate schedule: Principal Engineer $185 - 225/hr Senior Associate Engineer $170 - 215/hr Senior Engineer $135 -180/hr Project Engineer $ 95 -155/hr Engineer-in-Training $ 55 -120/hr CADD Support/Technician $ 48 - 95/hr Clerical/Administrative Support $ 32 - 55/hr Non-Labor Expenses: Non-labor expenses include travel costs and other purchased services project costs including, but not limited to, subcontractor services, reproductions, rented and leased equipment, data costs, and computer digital file costs. Mileage costs are billed at rates dictated by the Internal Revenue Service. Invoice Terms: Invoices for all services rendered are oavable upon receipt. Invoices are submitted on a monthly basis and are normally mailed before the 10th of each month. All necessary application fees, review fees, and/or processing fees required by regulatory authorities and agencies are the responsibility of the client and not included in CP&Y's budget. [Note: The above personnel rates do not apply for expert testimony services.] Client Signature: Date: