2011-140ORDINANCE NO. 2O 11-140
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFES SIONAL
SERVICES AGREEMENT (PSA) WITH CP&Y, 1NC. OF DALLAS, TEXAS FOR
ENGINEERING SERVICES AND CONSULTING SERVICES ASSOCIATED WITH TASKS 2
THROUGH 4 OF THE CITY OF DENTON'S MUNICIPAL SOLID WASTE (MSW) FACILITY,
MSW PERMIT# 1590A, AND PROVIDING AN EFFECTIVE DATE (FILE 4683-IN AN
AMOUNT NOT TO EXCEED $865,880.00).
WHEREAS, the professional services provider (the "Provider) mentioned in tlus ordinance is
being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with CP&Y, Inc., to provide engineering and consulting services for Tasks 2-4 of the City of
Denton's Municipal Solid Waste Facility Permit#1590A, a copy of which is attached hereto and
incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under the professional services agreement with CP&Y, Inc. to the City Manager of the City of
Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
� �
PASSED AND APPROVED this the � day of (C/.�i�� /,2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ,
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I: �i�'��� /
� •�� ��:
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the ��day of Ol 1, by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East
McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and CP & Y, Inc.
Firm, with its corporate office at i820 Regal Row, Suite 200, Dallas, Texas 75235 hereinafter called
"Design Professional," acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Project shall include,
without limitation,
File 4683-Task 2-4 Permit Amendment to Municipal Solid Waste Facility. Task 1 in the amount
of $70,000 is not included in this agreement. See Exhibit A-Tasks 2 through 4 only.
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
21 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall not exceed $865,880.
Compensation will be hourly, billed monthly.
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
ClericaUAdministrative
CADD Support/Technician
Engineer in Training
Project Engineer
Senior Engineer
Senior Associate Engineer
Principal Engineer
$32-$65 per hour
$50- 90 per hour
$75-$120 per hour
$95-$155 per hour
$135- 180 per hour
$170-$215 per hour
$185-$225 per hour
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services shall be based on a multiple of 1.1 times the amounts billed
to the Design Professional for such additional services.
2.3 REIMSiJRSASLE EXPENSES Reimbursable Expenses sha11 be a multiple of 11 times the
expenses incurred by the Design Professional, the Design Professional's employees and consultants in the
interest of the Project as defined in the General Conditions but not to exceed a total of $500.00 without the
prior written approval of the Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement far Architectural or Engineering Services.
2. The Design Professional's Proposal
3. Insurance Requirements
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JE ER WALTERS, CITY SECRETARY
,� B (�
APPROVED AS TO LEGAL FORM:
ANITA BURG S, CI Y ATTORNEY
BY:
WITNESS:
�
BY: ,�'�
CITY OF DENTON
BY: ��----
GEOR E C. CAMPBELL
CITY MANAGER
DESIGN FIRM
BY: L�!/��
Firm's Officer/Representative
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCffiTECTLJRAL OR ENGiNEERING SERVICES
ARTICLE 1. ARCHTI'ECT OR ENGINEER'S RESPONSIBILI'I'IES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "AgreemenY') and proposal (the
"Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinaRer called the "Design Professional°) or Design
Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the
"Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of caze
and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similaz conditions, including reasonable,
informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of
Caze necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule
for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time reyuired for the Owner's
review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the
Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually
acceptableto both parties.
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2.1 BASIC SERVICES DEFIlVED The Design Professional's Basic Services consist of those described i� Sections 2.2 through 2.6 of these General
Conditioos and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services
necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be
modified by the Agreement.
2.2 SCHEMAITC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shal( develop a written program for the Project to ascertain Owner's needs and to
establish the requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and consriuction budget
requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner altemative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and constcuction budget requirements, the Design Professional shall prepaze, for
approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project
components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
21.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current azea, volume or
other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for
the period of time from the commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.31 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner i� the program, schedule or construction
budget, the Design Professional shall prepare for approval by the Orvner, Design Development Documents consisting of drawings and other
documents to fix and describe the size and chazacter of the Project as to architectural, shuctural, mechanical and electrical systems, materials and
such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
Norivithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and
adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjushnents to the preliminary estimate of Conshuction Cost in a further Detailed
Statement as described in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.41 Based on the approved Design Development Documents and any further adjushnents in the scope or quality of the Project or in the
construction budget authorized by the Owner, the Design Professional shall prepaze, for approval by the Owner, Construction Documents consisting
of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which sball comply with all applicable laws,
statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or
procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and conVactor.
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2.4.3 The Design Professional shall advise the Owner of any adjushnents to previous preliminary estimates of Construction Cost indicated by
changes in requirements or general mazket conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of
govemmental authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of
Construction Cos� shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally
applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the
Design Professional, the awazd ofthe construction contract is in the sole discretion ofthe Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed
Statement of Probable Conshvction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and
expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the yuantity or qualiry of the work so that
the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable
Construction Costs.
2.6 CONSTRUCT'ION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the
award of the Contract for Construction and temminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the
terms of Subsection 83.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Conswction as set forth below. For design professionals the
administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of
the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the
administration shall also be in accordance with the Standazd Specifications for Public Works Conshuction by the North Central Texas Council of
Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitatio�s of authority of the Design Professional shall not be restricted, modified or extended
without written ageement ofthe Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the
Owner's direction from time to time during the correctioq or warranry period described in the Contract for Construcdon. The Design Profiessional
shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless othenvise
modified by written instrument.
2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably
necessary while construction is not in progress, to become familiaz with the progress and quality of the work completed and to determine if the work
is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional
shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the
Owner informed of the progress and quality of the work, and shall exercise the Degree of Caze and diligence in discovering and promptly reporting
to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Profiessional represents that he
will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs
or specifications fumished by the Design Professional at no cost to the Ownec The Owner's approval, acceptance, use of or payment for all or any
part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's
rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for wnstruction means, methods, techniques,
sequences or pmcedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for
the Contractor's schedules or failure to carry out the work in acwrdance with the Contract Documents except insofar as sucb failure may result from
Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner
and Contractor shall communicate through the Design Professional. Communications by and with the Design ProfessionaPs consultants shall be
through the Design Professional.
2.6.9 Based on the Design ProfessionaPs observations at the site of the work and evaluaUons of the Contractor's Applications for Payment, the
Design Professional shall review and certify the amounts due the Contractor.
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2.6.10 The Design ProfessionaPs certification for payment shall constitute a representation to the Owner, based on the Design Professional 's obser-
vations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has
progressed to the point indicated and that the yuality of the Work is in acwrdance with the Contract Documents. The foregoing representations aze
subject to minor deviations from the Conhact Documents correctable prior to completion and to specific yualifications expressed by the Design
ProfessionaL The issuance of a Certificate for Payment shall further constitute a representation tl�at the Contractor is entitled to payment in the
amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed
construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authoriry to reject work which does not conform to the Contract Documents.
Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design
Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed. However, neither this authoriry of the Design Professional nor a decision made in
good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Desigrt Professional to the Contractor,
Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings,
Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining
whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall
act with such reasonable promptness to cause no delay in the work or in the conshuction of the Owner or of sepazate contractors, while allowing
sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substa�tiating instructions for
installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the
eutent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design
Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional
certification of performance chazacteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall
be entitled to rely upon such certification to estabGsh that the materials, systems or equipment will meet the performance criteria required by the
Contract Documents.
2.613 The Design Professional shall prepaze Change Orders and Construction Change Directives, with supporting documentation and data if
deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.33, for the Owner's approval and execution in accordance
with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an e�ension of the
Contract Time which are not inconsistent with the intent ofthe Contract Documents.
2.6.14 On behatf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Fi�al
Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and
review written guarantees and related documents required by the Contract for Conshuction to be assembled by the Contractor and shall issue a final
certificate for Payment upon compliance with the reyuirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters conceming performance of the Owner and Contrac[or
under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design ProfessionaPs response to such
requests shall be made with reasonable prompmess and within any time limits agreed upon.
2.616 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract
Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall
endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered
in good faith in accordance with all the provisions ofthis Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in yuestion between
the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.618 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Caze; (2) will reimburse the Owner
for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging paytnent by the Owner of any fees due,
shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations there
under.
2.619 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction
Documents during the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENEItAL
3.1.1 The services described in this Article 3 aze not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be
paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2
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and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Conti�gent Additional Services in
Section 3.3 aze required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing
and shall not commence such additional services unti( it receives written approval from the Owner to proceed. Lf the Owner indicates in writing that
all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services.
Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the
negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.21 ffmore eactensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more
Project Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be com-
pensated therefor as agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, inc(uding revisions made necessary by
adjustrnents in the Owner's program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providirig services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the
Owner's schedule, except for services required under Subsection 2.5.2.
3.3.3 Prepazing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change
Orders and Construction Change Directives.
3.3.4 Providing consultation conceming replacement of work damaged by fire or other cause during construction, and furnishing services required
in connection with the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by msjor defects or deficiencies in the work of the Contractor, or by
failure of performance of either the Owner or Contractor under the Conh�act for Construction.
3.3.6 Providing services in evaluating an e�ctensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is
party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, separate or sequential bids or provid'mg
services in connection with bidding or consriuction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Ageement, Proposal or these General Conditions to the contrary, all services described in this
Article 3 that are caused or necessitated 'm whole or in part due to the negligent act or omission of the Design Professional shall be performed by the
Design Professional as a part ofthe Basic Services under the Ageement with no addidonal compensation above and beyond the compensation due
the Design Professional for the Basic 3ervices. The intervening or concurrent negligence of the Owner shall not limit the Design ProfessionaPs
obligations under this 3ubsection 3.3.9.
3.4 OPTIONAL ADDTTIONAL SERVICES
3.4.1 Providing &nancial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having
jurisdiction over the Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information fumished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required
in connection with construction performed and equipment supplied by the Owner.
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3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.412 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, prepazatio� of operation and
maintenance manuals, training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of fumihue,
fumishings and related equipment.
3.414 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of
the Watranty period ofthe Contract for ConstnACtion.
3.4.15 Providing services of consultants for other than azchitectural, civil, structural, mechanical and electrical engineering portions of the Project
provided as a part of Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furrushed in accordance with generally accepted
architectural practice.
3.417 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.619, showing significant changes in the work
made during conshuction based on mazked-up prints, drawings and other data fumished by the Contractor to the Design Professional.
3.4.18 Notwithstariding a�ything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this
Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the
Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due
the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit tt�e Design Professional's
obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILTI'IES
41 The Owner shall consult with the Design Professional regarding requ'vements for the Project, including (1) the Owner's objectives, (2)
schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendabiliry, special equipment, systems
and site requirements, as more specifically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cos� the Owner's other costs and reasonable
contingencies related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's
obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized
representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid
unreasonable delay in the orderly and sequential prog�ss ofthe Design Professional's services.
4.5 Where applicable, the Owner shall fumish surveys describing physical characteristics, ]egal limitations and utility locations for the site of the
Project, and a written legal description of the site. The surveys and legal information shall indude, as applicable, grades and lines of streets, alleys,
pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed
resfictions, boundazies and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements a�d
trees; and information conceming available utility services and lines, both public and private, above and below grade, including inverts and depths.
All the information on the survey shall be referenced to a project benchmazk.
4.6 Where applicable, the Owner shall fumish the services of geotechnical engineers when such services are requested by the Design Professional.
Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of
hazazdous materials, ground wrrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and
appropriate professional recommendations.
4.6.1 The Owner shall fumish the services of other consultants when such services are reasonably required by the scope of the Project and are
requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall fumish structural, mechanical, chemical, air and water pollution tests, tests of
hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including
auditing services the Owner may require to verify the Contractor's Applicarions for Payment or to ascertain how or for what purposes the Contractor
has used the money paid by or on behalf of the Owner.
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49 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fumished at the Owner's expense, and
the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the
Design Professional.
410 The Owner shall give prompt written notice to the Design Professional if the Owner becomes awaze of any fault or defect in the Project or
nonwnformance with the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design ProfessionaPs
consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to
request certifications that would require knowledge or services beyond tl�e scope of the Agreement.
ARTICLE 5 CONSTRUCI'ION COST
5.1 CONSTRUCTION COST DEFINED
51.1 The Consriuction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design
Professional.
5.1.2 The Construction Cost shall include the cost at cunent mazket rates of labor and materials fumished by the Owner and equipment designed,
speciSed, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance for contingencies shall be included for market co�ditions at the time of bidding and for changes in the work during
construction.
5.1.3 Conshvction Cost does not include the compensation of the Design Professional and Design ProfessionaPs consultants, the costs of the land,
rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepazed
by the Design Professional represent the Design Professional's best judgment as a design professional familiaz with the construction industry. It is
recognized, however, that neither the Design Professional nor the Owner has contro] over the cost of labor, materials or equipment, over the Con-
tractor's methods of determining bid prices, or over competitive bidding or mazket wnditions. Accordingly, the Design Professional cannot and
does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or
evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Conshuction Cost shall be established as a condition of the Ageement by the fumishing, proposal or establishment of a
Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established,
the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equip-
ment, component systems and types of construction aze to be included in the Contract Documents, to make reasonable adjustments in the scope of
the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be
increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction
industry between the date of submission of the Construction Documents to the Owner and the dake on which proposals aze sought.
ARTICLE 6 OWNERSI�P AND USE OF DOCIJMENTS
61 The Drawings, Specifications and other documents prepared by the Design Pmfessional for this Project are instruments of the Design ProfessionaPs
service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of
all such documents. Such documents aze intended only be applicable to this Projec� and Owner's use of such documents in other projects shall be at
Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or
for other purposes than are specified in the Ageement, the Design Professional is released from any and all liability relating to their use in that project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similaz purposes in connection with the Project is not to be
construed as publication in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not (ess than thiriy days written notice should the Owner fail substantially to perform in
accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or
without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease
immediately upon Design Profiessional's receipt of such notice. Sefore the end of the thirty (30) day period, Design Professional shall invoice the Owner for
all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and
other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a
reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design
Professional shall cooperate in providing infoitnation.
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7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily
performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for
expenses incurred in the interruption and resumption ofthe Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professio�al in the event that the Project is
permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate
the Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be
considered substantial nonperformance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thiriy (30) days of receipt of a statement for services propedy and satisfactorily
performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event oftermination not the fault ofthe Design Professional, the Design Professional shall be compensated for services properly and satisfactorily
performed prior to termination.
ARTICLE 8 PAYMEN'I'S TO TI� DESIGN PROFESSIONAL
8.1 DIltECT PERSONNEL EXPENSE
811 Direct Personnef Expense is defined as the direct salazies of the Design Professional's personnel engaged on the Project and the poRion of the
cost of their mandatory and customary conh-ibutions and benefits related thereto, such as employment ta�ces and other statutory employee benefits,
insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits.
8.2 REINIBURSABLE EXPENSES
8.2.1 Reimbu�sable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design
Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance
communications; and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling
of Drawings, Specifications and other documents.
8.21.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, madels and mock-ups requested by the Owner.
8.21.5 Expense of wmputer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of
service, on the basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the e�rtent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional,
compensation for any services rendered during the addiponal period of time shall be computed in the manner set forth in Section 2 of the
Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project aze deleted or otherwise not constructed,
compensation for those portions of the Project shal] be payable to the extent services aze performed on those portions, in accordance with the
schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent
preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable E�cpenses shall be made monthly within 30 days
after the presentation to the Owner of the Desigri Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WTI'IIIIELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or
other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is
responsible.
8.6 DESIGN PROFESSIONAL'S ACCOi1NTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative
records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personne]
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Expense for inspection and copying during regulaz business hours for three years after the date of the final Certificate of Payment, or until any litigation
related to the Project is final, whichever date is later.
ARTICLE 9 INDEMNTTY
91 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and
all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attomey fees incurred by the
Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or
omissions of the Design Professional or its officers, shareholders, age�ts, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the
parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense
of govemmental immunity, which defenses are hereby expressly reserved.
ARTICLE 10INSURANCE During the perforznance of the Services under the Agreement, Design Professional shall maintain the following
insurance with an insurance company licensed or authorized to do business in the State of Texas by tbe State Insurance Commission or any successor
agency that has a rating with Best Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than
$2>000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the
aggregate.
10.2 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 ]imits ofnot less than $1OQ000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not (ess than
$100,000 for each accident including occupational disease.
10.4 Professional Liability Insurance with limits ofnot less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this
Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as
an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a
provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In
such event, the Design Professional shall, prior to the effective date of the change or cancellation, fumish Owner with substitute certificates of
insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Ageement shall be govemed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in
Denton County, Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this
Agreement and to the pariners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design
Professional shall not assign its interests in the Agreement without the written wnsent of the Owner.
ll.3 The term Ageement as used herein includes the executed Agreemen[, the Proposal, these General Conditions and other attachments referenced in
Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all
prior negotiations, representations or agreemen[s, either written or oral. The Agreement may be amended only by written instrument signed by both Owner
and Design Professional. When intetpreting the Ageement the executed Agreement, Proposal, these General Conditions and the other attachments
referenced in Section 3 of the Agreement shall to the e�rtent that is reasonably possible be read so as to harmonize the provisions. However, should the
provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the fol(owing order:
I. The executed Ageement
2. Attachments referenced in Section 3 ofthe Agreement other than the Proposal
3. These Genera] Provisions
4. The Proposal
11.4 Nothing contained in the Agreement sball create a contractual relationship with or a cause of action in favor of a third party against either the Owner or
Design Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representaHons of the design of the Project,
including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's
materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the
specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on
the construction sign and in the promotional materials for the Project.
ll.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees,
associates, agents, subcontractors, and sub consultants for the accuracy and competency of their designs or other wark; nor shall such approval be
deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its
employees, subcontractors, agents, and consultants.
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11.7 All notices, communications, and reports required or permitted under the A�eement shall be personally delivered or mailed to the respective
parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, retum receipt
requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the parry to whom such notice is given, or within
three (3) days a8er mailing.
ll.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered
severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the
intention ofthe stricken provision.
119 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered
hereunder as they may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the
Agreement.
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Exhibit A
Partners for a Better Ruality of life
�
July 7, 2011
Mr. Vance Kemler
Manager, Solid Waste Department
City of Denton
1527 S. Mayhill Rd.
Denton, TX 76208
RE� City of Denton �andfill
TCEQ MSW Permit Amendment for Lateral Expansion
Revised Proposal
Dear Mr. Kemier:
CP&Y, Inc. (CP&Y) is pleased t� offer the City of Denton the following proposal for
engineering services related to the City's Landfill. These services are a result of the Lateral
Expansion Feasibility Study (Study) produced for the City by CP&Y in January, 2009 and our
discussions on May 24, 2011 regarding Speciafized Consulting Services Support Team
members. The Study investigated the potential for expanding the existing landfill by adding
additional waste footprint to the north of the site and west of Pecan Creek.
CP&Y plans to utilize the specialized consuJting services of various Team Members selected
by the City of Denton. Some of these Team Members will be subcontractors to CP&Y, Inc.,
some wil! contract directly with the City, and some will subcontract to the Attorneys providing
Professiona! Legal Services to the City. The Team Members that will subcontract to CP&Y,
Inc. are identified in this Proposal as follows:
• ETTL Engineers & Consultants, Inc. (ETTL) for the required geotechnical
investigations,
� Biggs and Mathews for the site geology report,
• Solutient GeoSciences, Inc.(Les Jeske) for the groundwater modeling and monitoring
efforts„
• William Self Associates, Inc.(WSA� will review the tasks associated wi#h the Texas
Historical Commission and Texas Antiquities Code Permits,
• Risa Weinberger & Associates will provide composting permit and design acti�ities,
• Weaver Boos Consultants wilf be responsible for landfill gas collection anc! contro!
and air related issues.
The Scope of Services and fees for these subconsultant efforts have been included in the
following work tasks associated with this project. The fees associated with other Speeialized
Consulting Services Support Team members identified by the City are not included in this
Proposal.
The following Scope of Services addresses the work tasks associated with each portion of
the project.
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Scope of Services
Task 1
ConceptuaE LandfiN Development Desiqn - The purpose of fhis series of Tasks rs to define
and evaluate severa/ alternafives for developing fhe expansion area and modifying the
exisfing fill areas fo potentially maximize fhe avallable space available for disposal.
• Investigate the feasibility of changing the constructed final cover slopes to 2.5:1 from
their currently approved 4:1, in order to account for, and allow for settlement in the
waste pack. Meet with TCEQ to determine if they will consider approval of these
steeper constructed slopes.
• Investigate potential changes in Buffer Zone dimensions, and meet with TCEQ to
obtain their concurrence with rule interpretations, and proposed changes.
• Investigate the use of vertical walls (10-15 feet tall) in selected portions of the buffer
zone to assist with aesthetic screening and their potential use to increase the
capacity of the disposal sife. Meet with TCEQ to determine their willingness to accept
this concept.
• Investigate the use of a geomembrane in conjunction wifh an "artificial turf" type
material as a final cover system in lieu of the currently approved final cover system.
• Prepare a"Preliminary" waters of the U.S. determination and a wetland dellneation
following the 1987 USACE wetland delineation manual procedures and the 2008
Interim Regional Supplement to the USACE Wetland Delineation Manual: Great
Plains Region. .
� Prepare a boring plan for additional soils investigation. Based upon the available
soils information from the current Permit, determine what additional investigation is
necessary including location, number and depth of borings. Present the boring plan
to TCEQ for approval before performing any additional borings.
Task 2
Landfill Permit Amendment - The purpose of this series of Tasks is io develop an application
and seek approva! for a Permit Amendment to the current Cify of Denton Landfill Permit.
This Amendment will include solid waste disposal operations on the City owned property
ad1acenf fo fl�e areas currently permiffed for disposal operafions. The Application will consist
of Parts !-!V as defined in TCEQ Chapter 330 Regulations, TAC 330.57.
T�sk 2a=Pa�rts I and I I
Part I of the Applicatian shall include the information required in TAC 28t.5, 305.45
and 330.59. Current available permit information wilt be resubmitted as previously
submitted or modified and updated for submittal.
Partners for a Better Qualiiy of Life ���
�
• Available information wifl be updated to provide a description of the site location, the
access routes to the site, longitudinal and latitudinal geographic coordinates of the
facility, property boundary
• Prepare the necessary TCEQ-Part I Form for the Site
• Update andl or prepare the General Location Map utilizing a portion of the TxDOT
County Map
• Utilize information from the recent Permit Modifications to update and develop a
landowner's map and accompanying landowner's list. This list will also include the
names and mailing addresses of mineral interest owners for the subject facility
property, if available from Appraisal Districi records
• The City will furnish a legal description of the faci(ity and properly signed and sealed
boundary metes and bounds description. The City will furnish a property owner's
affidavit as outlined in 330.59(d)(2)
• The City will provide verification of their legal status as required by 281.5, and the
information necessary for the engineer to demonstrate the City's evidence of
competency as required in 330.59(f)
� The City will provide documentation that the persan signing the application meets the
requirements of 305.44, and will be responsible for all Application fees.
Part II of the Appiication describes the existing conditions and character of the
facility and the surrounding area
Prepare an existing conditions summary that discusses any site-specific condition
that will require special design considerations or mitigation.
Update the existing permit documents to identify the sources and characteristics of
waste to be received, the general sources and generation areas contributing to the
facility, and an estimate of the maximum annual waste acceptance rate for the facility
projected for 5 years.
Update the existing General Location Maps as required to indicate prevailing wind
direction; known water wells within 500 feet; all structures within 500 feet; schools,
day care facilities, churches, hospitals, cemeteries, ponds, lakes, and residential,
commercial, and recreational areas within one mile of the facility; location and surface
type of access roads within one mile of the facility; area streams; airports within six
miles of the facility; easements within or adjacent to the facility; and archaeological
sites, historical sites and sites with exceptional aesthetic qualities adjacent to the
facility
Update the existing Facility Layout Map to add the adjacent tracts and show the
outline of the units. Indicate the general location of interior roadways, monitor wells,
buildings, fencing, windbreaks, and site entrance road, This Map should also include
a layout of the fi{I sectors and indicate the general sequence of excavation and filling,
the dimensions of the sectors and the maximum elevations of the waste and final
cover
Provide a USGS 7'/2 minute quadrangle sheet as a general topographic map and
show the facility location.
The City will provide an aerial photograph of a satisfactory scale to show the site and
an area with at least a one-mile radius around the site measured from the site
boundaries.
Partners for a Better Quality of Life � �
���
• Based upon information provided by the City through a separate Land Use Study and
utilizing the information from the existing Land Use Map, prepare a new Land Use
Map showing the facility boundary, any existing zoning and actual uses on
surrounding properties within one mile of the facility. Show any easements within the
site and access roads to the site
• Incorporate information provided by the City which describes the likely impacts of the
facility on communities, property owners or individuals by c�nsidering compatibility of
land use and zoning in the vicinity, community growth patterns, and other factors
associated with the public interest. fncorporate the City furnished information about
the character of the surrounding land use, information about growth trends within five
miles of the facility, proximity of residences and commercial establishments, and a list
of all known water wells within 500 feet. Provide the TCEQ with any published zoning
map.
• Incorporate City provided data on the availability and adequacy of roads to be used
to access the site and vehicular traffic volume projection data on access roads.
Prepare documentation of coordination of any roadway design improvements with the
appropriate agency responsible for maintenance of these roadways.
• Submit documentation of coordination with the Federal Aviation Administration for
compliance with airport safety in accordance with 330.545.
• Prepare a General Geology and 5oils Statement to discuss in general terms the soils
and geology of the facility site. Identify and provide data on fault areas, seismic
impact zones, and unstable areas within the site
• Prepare a groundwater and surface water statement which includes data about site-
specific groundwater conditions at or near the site, data on surFace water at or near
the site, and information demonstrating how the facility will comply with the applicable
TPDES storm water permitting requirements
• Identify the location of any existing or abandoned water wells situated within the
facility or any on-site existing or abandoned crude oil or natural gas wells, or other
wells associated with mineral reco�ery that are under the jurisdiction of the Railroad
Commission of Texas.
• Prepare a floodplain and wetland statement to include data on any floodplains or
wetlands within the facility. This statement will be based on a City furnished wetland
delineation and determination, and demonstration of Corps of Engineers compliance
related to the use of these wetlands.
• Provide a statement of the impact of the facility upon endangered or threatened
species based upon a City provided Study which demonstrates Endangered Species
Act compliance. If the facility is located within the range of endangered or threafened
species, the City will be responsible to conduct a biological assessment to determine
the effect of the facility. Based upon previou5 investigations at the site, it is
anticipated that a new biological assessment will not be required, and is nofi included
as a part of the CP&Y Scope of Services. Prepare documentation of contact with the
United States Fish and Wildlife Service and the Texas Parks and Wildlife Department
to obtain locations and specific data relating to endangered or threatened species.
• Obtain a review letter from the Texas Historical Commissian documenting compliance
with the Natural Resources Code, Chapter 191, Texas Antiquities Code. The City will
provide any required cultural resources studies.
• After review by the City and their legal counsel (assume three review meetings),
submit Parts I and II to the North Central Texas Council of Governments {NCTCOG)
for their review of compliance with the Regional Solid Waste Plan. Assist in a
Pariners for a Better Qunlity of Life
C_
�
presentation to the NCTCOG and prepare documentation that a review letter was
requested from NCTCOG.
Task 2b-Soils Investiqation
• Based upon the approved soil boring plan prepared as a part of Task 1, conduct ihe
required soils investigation and laboratory testing and prepare a report of the results
of the investigation in accordance with 330.63(e)(4) and (5).
T�.�k 2.+c-Parts:lll and N
Part III of the Application contains design information, detailed investigative
reports, schematic designs of the facility and required plans.
• Update the existing Site Development Plan for the design of the facility considering
geology, soil conditions, drainage, land use, zoning, adequacy of roads and
highways, and other conditions that the specific siie dictates. Topographic
information to be used will be obtained primarily from existing aerial topography
provided by the City. Supplemental topographic survey information will be provided
by the City as needed by on-the —ground surveys.
• Update the current general facility design documents to describe how access will be
controlled, how and where wastes will be received at the facility, and how
endangered species {if appropriate) will be protected
• Prepare a surface water drainage report to satisfy the requirements of Subchapter G
of TAC 330. This includes drawings showing drainage areas and drainage
calculations; design of all drainage facilities on the site (typical cross sections, ditch
grades, flow rates, water surFace efevation, velocities, and flowline elevations along
the entire length of ditches); sample calculations to verify that existing drainage
patterns will not be adversely altered; description of the hydrologic method and
calculations used to estimate flow rates and runoff volumes. Existing calculations will
be examined, and where appropriate will be used andlor modified to address the
expansion area. The surtace water drainage report shall also include flood control
and analyses including 100-year flood plain determination and appropriate FEMA
Flood Maps for documentation.
• Update the current discussion of all weather operations; landfill method proposed;
elevations of deepest excavation, maximum waste elevation and elevation of final
cover; and an estimated rate of solid waste deposition and site life.
• Update the current landfill unit cross sections consisting of plan profiles across the
facility to include the adjacent tracts being added to the Permit. The profile shall
show existing graund level, side slopes of excavations, excavation depths, fill
elevations, groundwater static levels, groundwater monitoring wells, and soil boring
logs.
• Prepare a liner quality contro! plan in accordance with Subchapter H of TAC 33Q.
• Prepare a geology report to describe the regional geology, describe the geologic
processes active in the vicinity of the site, a description of regional aquifers in the
vicinity of the site, the results of investigations of subsurface conditions, geotechnical
data describing properties of the subsurface soils and their suitability for use on site,
Fartners for n Better �uality of life ��
�
�_
tabulation of relevant groundwater monitoring data from wells on or adjacent to the
site, and identification of uppermost and Iower aquifers.
• Update the existing Groundwater Sampling and Analysis Plan in the current Permit in
accordance with 330.63(f) and Subchapter J of TAC Chapter 330.
� Update the currently approved Gas Management Plan in accordance with 330.63(g}
to meet the requirements of Subchapter I.
• Update the existing closure plan in accordance with Subchapter K. Prepare a
contour map showing the final constructed contour of the entire landfill that includes
the expansion area. Include cross sections to indicate internal drainage and side
slopes.
• Update the existing post closure plan in accordance with Subchapter K to include the
expansion area.
• Update the existing cost estimate for closure and posf closure care in accordance
with Subchapter L.
Part IV of the Application contains the Site Operating Plan (SOP) that discusses
how the facility will be ope�ated on a daily basis. (The facility has a current Site
Operating Plan that has been updated to comp[y with the current Chapter 330
regulations related to SOP's. Information frvm the existing SOP will he used as
much as possible to meet these Permit requirements). The following items will be
reviewed to insure compliance with the current SOP regulations, and rnodified as
required.
• Prepare a list of all of the records to be maintained at the site and included in the
SOP, and out{ine a records management system to be utilized
• Prepare a description of function and minimum qualifications for each category of key
personnel to be employed at the facility
• Prepare a description, including the minimum number, size, type, and function, of the
equipment to be utilized at the site and provisions for backup equipment
• Identify applicabfe training requirements for site persannel
• Identify procedures for the detection and prevention of the disposal of prohibited
wastes
• Define the methods, equipment, and sources of cover material necessary to
extinguish fires. Prepare demonstrations of the adequacy of the cover material and
equipment
• Specify the methods for access control, notification procedures to TCEQ of a breach,
and provisions for repairs.
• Identify waste unloading areas and the meihods of controlling ancf monitoring
incoming wastes.
• Define the facility waste acceptance hours and the facility operating hours in
accordance with current guidelines
• Examine the existing site sign to determine compliance. ff not in compliance, define
the requirements for a new site sign ,
. Define methods to control windblown waste and develop a program forwindblown
wasie collection on all days that the facility is in operation.
• Define landfill markers and benchmark requirements for easements, bufFer zones,
facility boundaries, and the facility grid system
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• Define a program for controlling waste spillage, and clean up of materials along the
route to the facility.
• Define the methods for disposal of large, heavy or bulky items
• Develop a odor management plan
• Define a program for disease vector control
• Define a program to minimize the tracking of mud on to site access roads, and define
the methods for cleaning roadways if necessary
• Define the site requirements and restrictions for salvaging and scavenging
• Define the methods for protecting endangered species if they are idenfified. If no
endangered species are identified, document correspondence in the SOP
• Define the Gas Monitoring requirements based upon the Landfil! Gas Management
Plan updated as a part of Part III.
• Provide notification to TCEQ of any existing or abandoned water or oil wells on site
as identified in Part III or discovered during operations
• Specify the methods of waste compaction
• Define the materials that are currently approved for daily cover and alternate daily
cover
• Define the final cover requirements, and provide a program for inspection and repair
of areas with final cover. Update the procedures for the Site Cover Placement and
Inspection Records (includes daily, alternate daily, intermediate and final cover)
• Develop and/ or update a ponding prevention plan to identify techniques to be used at
the landfiill to prevent the ponding of water over waste, an inspection schedule to
identify potential ponding sites, corrective action to remove ponded water, and
general instructions to manage water that has been in contact with waste.
Su�chapter U Air Permit- It is anticipated that the City of Denton Landfill will be
eligible to appfy for a Standard Operating Permit to satisfy the air permitting
requirements under Subchapter U of TAC Chapter 330 Rules.
Prepare any necessary Air Permit Applications for the landfill gas collection and control
system through a CP&Y subcontractor. It is assumed that any air issues related to the
landfifl gas flaring or energy generation wilE be the responsibility of the City's third party
gas developer.
Associated Tasks — The following tasks will be performed in association with the
Permit Amendment Process.
• Review the Permit Application documents with appropriate City personnel and City
Legal Counsel prior to any submittal to TCEQ. (Anticipate up to three review
meetings)
• Coordinate with various appropriate other governmental entities (TxDOT, Corps of
Engineers, FAA, Regional Planning Agency, County, TPWD, etc.) to provide review
comments on the permit application
• Submit four copies of the Permit Amendment Application to the TCEQ for their review
and comment and provide a pdf of the Application to the City to post on their web site.
• Respond to Notices of Deficiencies from TCEQ to provide necessary information to
satisfy the TCEQ requirements for Administrative Completeness (anticipated no mare
than finro administrative N�Ds).
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• During the Technical review by the TCEQ, visit with TCEQ staff to answer questions
and provide clarifications as necessary and answer technical NODs (anticipated no
more than tw� technical NODs)
• Meet with City, Legal and TCEQ staff as necessary to clarify any deficiencies and
responses. (Anticipate one trip to Austin to meet with TCEQ for technical review
questions)
• After the Application has been declared Technically Complete, assist TCEQ and the
City with notification of appropriate parties.
• Provide the Technically Complete Master pocument and print required copies for
distribution by the TCEQ, and provide a pdf of the Technically Complete Application
to the City to post on their web site.
Task 3
Section 404 Individual Permit - The U.S. Army Corps of Engineers (USACE) has
jurisdictional authority over Section 404 of the Clean Water Act (CWA) and Section 10 of the
Rivers and Harbors Act of 1899. Under Section 404 of the CWA, authorization must be
obtained from the USACE for discharges of dredged or fill material into Waters of the United
States (WUS}, including jurisdictional wetlands. Section 10 of the Rivers and Harbors Act of
1899 allows the USACE to regulate work in, or affecting, navigable WUSs. The proposed
project will likely require a Section 404 Individual Permit (IP) from the USACE. The proposed
project will not affect any navigable waters; therefore, a Sectian 10 permit will not be
required.
Agency Coordination - A kick-off meeting will be held with the City of Denton upon
notice-to-proceed (NTP). This mesting will cover the permitting process, deliverables,
and project schedule. Following the kick-off meeting, an agency consultation meeting
will be held in Fo�fi Worth to discuss the same issues with the USACE. This scope
allows for finro additional project meetings. Additional coordination with the City and
the USACE will occur, as needed, throughout project devefopment.
Preliminary Jurisdictional Determination Forms - A Preliminary Jurisdictional
Determination Form will be completed for each WUS affected by the proposed
project.
Habitat Assessment - The ecological evaluation carried out in the Landfill Permit
Application to TCEQ wiEl be updated and suppfemented by the information gathered
during field surveys as well as current Natural Diversity Database information. The
preferred habitat assessment methodology will be determined following coordination
with the City and the USACE. This scope assumes fhat no Section 7 consultafion or
presence/absence surveys for fhreafened or endangered species will be required for
fhe Section 404 permit.
Functionaf Assessments - A functional assessment wi{I be conducted for each WUS
affected by the proposed project. The methodology utilized to complete the functional
assessment will be determined following coordination with the the City and the
USACE.
Environmental Report - An Environmental Report summarizing the findings will be
prepared and submitted to the City of Denton and USACE for review and comment.
(Data provided by the City as a part of the Landfill Permit Application will be the basis
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for this Environmental Report) These comments will be addressed and incorporated
into the Section 404 Permit application.
• Culturai Resource Assessment - The findings of the Cultural Resources
investigations, as well as the State Historic Preservation Officer's (SHPO) letter of
concurrence will be incorporated into the Section 404 Permit application.
• EnVironmental Permitting - An application for a Tier I! Water Quality Certification will
be prepared and submitted to the Texas Commission on Environmental Quality
(TCEQ}. This scope assumes that no other environmenta! permits, other than the
Secfion 404 Permrt, will be reguired for fhis projecf.
• Mitigation Plan - Mitigation for the project will be obtained through the purchase of
credits from a certified wetland mitigation bank or development of appropriate
wetlands. Available mitigation banks wittiin the project area will be identified. The
Mitigation Agreement wifl be finalized following approval by the City and the USACE.
This scope assumes that the projecf is locafed wifhin the service area of a mitigation
bank thaf has available credits.
• Section 404 Permit Application - The Section 404 permit application will incorporate
information from the above tasks, as well as information developed specifically for the
application, including the Need and Purpose, a project description, Engineering Form
4345, the Alternatives Analysis, the habitat assessment and 11SFWS approval, SHPO
appr�val, the findings of the wetland delineations, preliminary Jurisdictional
Determination Forms for WUS, avoidance, minimization and mitigation measures, as
well as figures depicting the above information.
• Response to City of Denton Comments - The Section 404 permit application will be
revised to incorporate comments received from the City.
• Response to USACE Comments - The Section 404 permit appfication will be revised
to incorporate commenfs received from the USACE.
• Response to Agency Comments - The Section 404 permit application will be revised
to incorporate comments received from agencies, incfuding TPWD, the USFWS,
TCEQ, and the U.S. Environmental Protection Agency.
• Prepare Final 404 Permit - Ten copies of'the final Section 404 permit application will
be submitted to the City and the USACE for approval.
• Public Hearing - A Public Hearing on the Section 404 Individual Permit will be
conducted. A summary and analysis of the Public Hearing will be incorporated into
the Finai Section 404 permit application.
Task 4
TCEt� lUl°5W P�rmit Arn�ndment Public Hearing (if �epui��d� - If a Public Hearing is required,
assisf with expert test�mony and preparafion of exhibifs, as requested. The Scope of
Services for fhis Task and appropriate Compensation wiU be furfher defined at a later date, if
required. An allowance for these efforts is included in the Compensation portion of fhis
Proposal.
At this time it is not possible to determine if the TCEQ will require a Public Hearing
for the MSW Permit Amendment. That determination will be made by TCEQ and
will depend upon the exfent of any opposition oi surrounding property owners. In
the event that a Public Hearing is required, we will assist as required.
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Compensation
CP&Y, Inc. proposes to be compensated for the previously presented Scope of Services
based upon an hourly basis p{us subcontract expenses for a total fee not to exceed
$935,880.00. The cost of each Task is estirYtated as follows to determine a not-to-exceed fee
for the entire project. However, these estimates do not establish individual fees for each
Task.
Task 1 Conceptual Landfill Development Design
Task 2 Landfill Permit Amendment
Task 2a-Parts I and II
Task 2b-Soils tn�estigation
Task 2c-Parts III and IV
Task 3 Section 404 Individual Permit
Task 4 Public Hearing (Allowance if Required}
TOTAL N�T TO EXCEED FEE
$ 70,000
$ 155,150
$ 210,750
$ 212,780
$ 162,200
$ 125,000
$ 935,880
Exhibit A presents CP&Y's hourly billing rates to be used on this project.
We appreciate the opportunity to present this Proposal for professional services to further
develop the City of Denton Landfill. If you have any questions, or if we may provide any
additional information, please contact me at 214-589-6921 or by email at
bhindman(r)cpvi.com.
Sincerely,
CPB�Y, Inc.
y
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William R. Hindman, P.E,
Principal
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Exhibit A
Hourly Billing Rates
CP&Y, Inc.
2010-201'I
The foilowing Hourly Rates of personnel will be the basis for compensation through
December 31, 2011 and will be re-evafuated at that time. Any changes in Hourly Rates at
that time will be approved by the City prior to taking effect.
1. CP&Y, Inc. will submit monthly invoices for services rendered, and the City will make
prompt payments in response to the invoices.
2. CP&Y, Inc. will be reimbursed for services based upon the following hourly rates, plus
reimbursement for other direct non-fabor and subcontract costs at actual cost.
Ca��etQr�t Bill�riq Rate �?�r He�ur
Clerical/Administrative $32.00-65.00
Drafter/Technician $50.00-90.00
Engineer in Training $75.00-120.00
Project Engineer $95.00-155.00
Senior Engineer $135.00-18�.00
Senior Associate Engineer $17�.00-215.00
Principal $185.00-225.00
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