2008-169ORDINANCE NO. 2008-16'~?
AN ORDINANCE APPROVING AMENDMENT NO. 3 TO PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND R. W. BECK,
INC. TO PROVIDE ADDITIONAL PROFESSIONAL DESIGN AND ENGINEERING
SERVICES AT THE CITY'S LANDFILL SITE; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR IN THE AMOUNT OF AN ADDITIONAL $82,000 (FOR A GRAND
TOTAL OF $782,500); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton desires to enter into an Amendment No. 3 to Professional
Services Agreement with R. W. Beck, Inc. ("Beck") to provides additional needed professional
design and engineering services at the City's Landfill site, as described in the Amendment No. 3
to Professional Services Agreement which is attached hereto and made a part hereof as Exhibit
"A"; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described specialized professional design and engineering services and that limited
City staff cannot adequately perform the 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; and
WHEREAS, Beck has provided professional design and engineering services to the City
in the past in a reliable and competent manner; and
WHEREAS, the City Council finds that the Agreement is in the public interest and has
provided in the City Budget for the appropriation of funds to be used for the purchase of the
professional services, as set forth in Exhibit A; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
SECTION 2. The City Council hereby approves the Amendment No. 3 to Professional
Services Agreement, attached as Exhibit "A" with R. W. Beck, Inc. for professional design and
engineering services at the City's Landfill site for an additional $82,000 in fees and expenses (for
a grand total of $782,500) and authorizes the City Manager, or his designee, to execute the
Agreement on behalf of the City.
SECTION 3. The award of the Agreement (Exhibit "A") by the City is on the basis of
demonstrated competence, knowledge and qualifications of the Beck and the ability of Beck to
perform the professional services needed by the City for a fair and reasonable price.
SECTION 4. The City Manager, or his designee, is authorized to exercise all rights and
duties of the City of Denton under the Agreement and make the expenditures provided for in the
Agreement.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
MARK A. U G , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
By:
Page 2
THE STATE OF TEXAS §
COUNTY OF DENTON §
AMENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER
The Professional Services Agreement (the "Agreement") was entered into by and
between the City of Denton, Texas, a Texas Municipal Corporation (the "City") and R. W. Beck,
Inc., a Corporation ("Beck") with its corporate office at 1380 Corporate Center Curve, Eagan,
Minnesota 55121, which Agreement was dated May 5, 2006, which Agreement was approved by
Ordinance No. 2006-131, in the amount. not to exceed $141,200; and
The First Amendment to the Professional Services Agreement between the City of
Denton and R.W. Beck, Inc. was later entered into on July 18, 2006 ("Amendment No. I") in
order to add additional tasks, design and engineering services to the Agreement which included
the conceptual designs of Cell 3A and 3B as a bio-tech landfill, the engineering services for the
municipal solid waste (MSW) permit modification and feasibility of lateral landfill expansion, as
well as the design and construction of the citizen's drop-off area which additional services were
in an additional amount not to exceed $524,300 to provide professional design and engineering
services; which Amendment No. 1 was approved by Ordinance No. 2006-206, in the additional
amount of not to exceed $524,300; with the total amount approved by the Agreement and the
Amendment No. 1 being $665,500; and
After further discussions, and further consideration, the City and Beck agreed that there
were additional professional design and engineering services that needed to be further included
in the scope of work, and accordingly an Amendment No. 2 was entered into and approved
within the City Manager's delegated authority on November 17, 2006, which Amendment No. 2,
further amended the Agreement and Amendment No. 1, by an amount not to exceed an
additional $35,000 in professional services, thereby' totaling $700,500; which additional services
include providing excavation design services and preparing a modification application of the
City's solid waste landfill permit (No. 1590A) to the Texas Commission on Environmental
Quality for approval; and
After further discussions and further consideration, the City and Beck have recently
agreed that there are needed additional professional design and engineering services that should
be included in the scope of work for this engagement, and accordingly, the City and Beck have
proposed Amendment No. 3, for consideration, which provides for the development of minor
permit modifications and one notice of permit modification for future development for the
landfill; to provide Cell 3A/313 design and construction documentation services for the cell
construction; feasibility evaluation for the landfill lateral expansion; and to provide design and
construction documentation to the citizen's convenience center; which additional professional
design and engineering services for the additional sum of $82,000, totaling $782,500, are set
forth in Exhibit "A" hereto, which is incorporated by reference herewith; and
All other provisions of the Agreement, Agreement No. 1, and Agreement No. 2 are in full
force and effect, and shall remain in full force and effect.
This Amendment No. 3 shall be attached to the original Agreement, Amendment No. 1,
and Amendment No. 2 described above, by the City Secretary.
This Amendment No. 3 shall become effective on the date that the final signature is
affixed to this Amendment No. 3.
SIGNED this the ~ l day of )j.1 /7 z , 2008.
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
B
4OGe6E C. CMANAGER
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED A O LEGAL FORM:
JOHN KNIGHT, ACTG CITY ATTORNEY
iNT;f~(/A
By:
D "BECK"
R.W. BECK, INC.
A Corporation
By: 1Y'I 4
ATTEST:
os~ iqr`
KAREN C. BOOKLER
Notary Public-Minnesota 2
My Commission E-10Ues Jan 31, 2011
1
MEMORANDUM
To: Scott Lebsack, City of Denton
David Dugger, City of Denton
From: Fred Doran, R. W. Beck
Subject: Amendment No. 3
Request for Increase
Modification Project
Date: June 13, 2008
in Engineering Fees, Landfill Permit (No. 1590A)
Based on our recent communication, R. W. Beck is requesting Amendment No. 3 to our
professional services agreement initially approved by the City of Denton in May 2006 via
Ordinance No. 2006-131. The scope of work for this agreement includes:
■ Several minor permit modification and one notice permit modification for future
development of the Landfill, including implementation of enhanced leachate
recirculation.
■ Design and construction documentation of the construction of Cells 3A and 3B.
■ Feasibility evaluation of a Landfill lateral expansion.
■ Design and construction documentation of a citizen's convenience center at the Landfill.
The original agreement and two subsequent amendments set the fee for these services at
$700,500.
In Amendment No. 3, R. W. Beck requests payment of $82,000 for additional services in the
following areas:
■ Materials testing for scale and scalehouse construction (Task 3, $13,150):
Laboratory Testing for Kleinfelder included 3 atterberg limits @ $50 each, 3 moisture-
density relationships @ $150 each, 2 percent passing no. 200 sieve @ $30 each and 72
concrete cylinder compression tests @ $15 each. Laboratory testing totaled $1,740.00.
Concrete field services for Kleinfelder were comprised of 38 hrs. Technician III time @
$57 per hr., 18.5 hrs. Services also included technician time @ $42 per hr., and 4
cylinder pickup fees @ $75 each.. Soils field services consisted of 38 hrs. Technician III
time @ $57 per hr. and 5.5 hrs. Supervisory Technician time @ $70 per hr. The total for
field services amounted to $8,369.00.
Project management time for Kleinfelder consisted of 8.5 hrs. @ $105 per hour, while
administrative time was 2 hrs. @ $45 per hour. Project management and coordination
time for CP&Y and R. W. Beck consisted of 4 hrs. @ $175.40, 2 hrs. @ $167, and 8 hrs.
@$125. The total for these services totaled $3,018.10.
In summary, all additional services provided for the scalehouse construction amounted to
$13,127.10.
01-00342-10101-0301 1 070379 1 150052 CADocuments and SettingsWiloran\Local SettingMemporary Internet Files\OLK89\Amendment
#3 RW Beck Request for Engineering Fee Increase - June 08.docx
1380 Corporate Center Curve, Suite 305, St. Paul, MN 55121, Phone (651) 994-8415, Fax (651) 994-8396
l
MEMORANDUM
June 13, 2008
Page 2
■ Extended construction administration, observation and documentation for Cell 3A/313
construction due to the contractor schedule extending three months longer than planned
(Task 3, $47,700):
The construction of Cell 3A/313 had an original completion date of December 31, 2007.
Due primarily to inclement weather, this was changed to January 31, 2008. The final
completion date as noted in the GLER was April 8, 2008. This was more than three
months beyond the original projected completion date. As per the Soil Liner Quality
Control Plan, Kleinfelder's CQA monitor was required to be present during any
construction activity.
The CQA Monitor charges from Kleinfelder were the largest contributor to the budget
increase. This was due to the completion date of the job extending more than three
months beyond the original completion date. The proposed amount for CQA monitoring
(including both a Technician III and a supervisory technician) was $41,450. The actual
amount invoiced was $77,858. The actual number of CQA hours worked totaled 1310.5
versus 698 proposed. This is a cost difference of $36,408.
Additionally, CP&Y had construction management and coordination time during this
period of 90 additional hrs @ $125 or $11,250.
In summary, the additional construction documentation and certification fees for Cells
3A/3B are increased by $47,658.
■ Design revisions for the citizen's convenience center (Task 7, 21,150):
The original design was intended to only serve private citizens delivering their wastes in
private vehicles (automobiles and pickup trucks). The facility scope increased to expand
the facility to a transfer station to accommodate various commercial collection vehicles.
By adding the commercial collection we added a bay, changed the design of the
unloading areas (automatic unloading vs: hand unloading areas) including various safety
provisions.
At the direction of the City, the facility was designed with concrete retaining walls.
However, the cost of concrete retaining walls proved to be cost prohibitive. CP&Y
investigated various materials for the retaining walls and developed cost estimates. The
City has requested that the facility be redesigned utilizing wood timber retaining walls.
The cost of the investigations and the redesign of the retaining walls as timber structures
were not within our current scope of services.
There was also minimal engineering time to consider the location change adjacent to
Phase 0.
In summary, the additional engineering services time for these revisions resulted in
$21,150 in fees and expenses.
Overall, these three additional items will increase the contract total to $782,500. R. W. Beck
appreciates the opportunity to provide these services for the City. Please contact me with any
questions.
1380 Corporate Center Curve, Suite 305, St. Paul, MN 55121, Phone (651) 994-8415, Fax (651) 994-8396